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BCC Minutes 04/17/1979 R Naples. Florida, April 17, 1979 LET IT BE REME~mERED. that the Board of Count~ Commissioners in and for the County of COllier. and also acting ~s.~he Governing Board(s) of such special districts as have been created according to law and having conducted business herein. met on this date at 9:05 A.M. in Regular Session in Building "F" of the Courthouse Complex with the following members present: CHAIRMAN: David C. Brown VICE-CHAI~~N: Clifford Wenzel John A. Pistor C.R. "Russ" Wimer Thomas P. Archer ALSO PRESENT: William J. Reagan, Clerk, Harold L. Hall. Chief Deputy Clerk/Fiscal Officer, Edna Brenneman. Deputy Clerk; C. William Nonman. County Manager. Donald A. Pickworth, County Attorney, Irving Berzon, ~t11fty Director; Neno J. Spagna, Community Development Administrator, Carl Clemmer, Zoning Director. Clifford Barksdale, County Engineer; Mary Morgan, Administratfve Aide to the Board; and. Deputy Chfef Raymond Barnett, Sherfff's Department. \ AGENDA BOARD OF COUNTY COMMISSIONERS FINAL AGENDA APRIL 17, 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 PETITIONSII. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES: March 27, 1979 and April 3, 1979 5. PROCLAMATIONS AND PRESENTATIONS OF AWARDS It A. Law Day U.S.A. .... . MaY",l" 19.7~ ~;,~k ' , . I..,.. j:: "." ..;:. t~ . ........~_.._.,. .-....... ~...'''''.,......'....~......- . ",:..L . ...~ ~...~ ::. I.::.J... t:". :.-:-:....~ ~~ \'.... - -, """. ......~ ~ 'r,.,., _ . _... 1.",__ .....-.-l"..,..., ~~:".~",..!......'~_~'{,.~...~ =-::':!::Y'~~~~~~__ '::': '~-:', ..i:>:!~;;;z.?:',:~'~~'~f~~,:~~;:~; :'~~~h '. ^.S' ''-''I'A'''' . ....... ;-.' ,.. . .ioo(:'"" PAtt"i!l:~:'::':--~:.-:"'__' -::E..:': ;:.':';':." UCOllDlll'S lIDOa t.aMl'1 II "..,... 'I'JpIII&.. .: = """"1IdGIf . April 17, 1979 AGENDA - APPROVCD WITH ADDITION Commissioner Wenzel moved, seconded by romm1ssioner Pistor and carried unanimously 5/0, that the agenda be'approved with the following addition: 1. Proposed resolution setting forth County's position with regard' to modifications to the 1974 Consent Order re GAC Golden Gate Estates properties. · MINUTES OF MEETINGS OF MARCH 27. AND APRIL 3. 1979 - APPROVED Commissioner Pistor moved, seconded by Commissioner Archer and carried unanimously 5/0, that the minutes of the meetings of March 27, and of April 3. 1979 be approved as presented. PROCLAMATION ESTABLISHING MAY 1, 1979 AS "LAW DAY U.S.A." IN COLLJER COUNTY _ ADOPTED At the request of the Chainman, Commissioner Archer read the proposed Proclam establishing May 1, 1979 as "Law Day U.S.A." in Collier County, fOllowing which th Proclamation was excuted by the Board of County Commissioners. County Attorney Pickworth accepted the document on behalf of the Collier County Bar Association. * * * * * * * * * * * * * * * * * ~ \ April 17. 1979 PRELIMINARY GRANT APPLICATION FOR H(.MEMAKERS SERVICE OF COLLIER COUNTY FOR PERIOD 10/1/79 TO 9/30/80 - APPROVE', FOR CHAIRMAN'S SIGNATURE Social Services Director Martha Skinner explained that the Preliminary Grant Application which the Chairman has been requested to execute is for the continuation of the Homemakers Service of Collier County for the period October 1. 1979 throuqh September 30, 1980. She said that the Federal share is $52.169 and the County's local match is $14,518. noting that the County1s share for the current year is $9.984. Responding to Commissioner Wenzel. Ms. Skinnor said that a few clients are able to reimburse the County, in part. Commissioner Pistor moved, seconded by Commissioner Wenzel and carried unanimously 5/0, that the Chairman be authorized to sign, after-the-fact, the Preliminary Grant Application for the Homemakers Service Program for the period October 1, 1979 to September 30, 1980. * * * * * * * * * * * * * * * * * * * . .' :, ~ . I . ~ . '<f> '. . ~..' -;. ; * ',.. * * :c.:,~,~~_;,.~~ ~~~)L~.: ";--'. . ~~~- . .~ ., .~. - -.. .'"-.i - '.~ . ~-'.~.~'~ "_:~'_...: .....(_...:..~. . .-......,.....:.......... .."_ ........~~.....#'. ,'.l.......... .., _"_. .,..,;.-..,........_.. ~~. -~_:,..~.F-~~~~~-. :__ ~=~~~::~:-c:;:~~,;~~~.;~..~~_.=="~_\ ':.~~:'~.:;;=~::. April 11, 1979 PROPOSED RESOLUTION TO CREATE THE SAN MARCOS BLVD. WATER ASSESSMENT DISTRICT . PUBLIC HEARING CONTINUED 60 DAYJ Legal notice haVing been published'in.the Naples Daily News on March 25. 197 as evidenced by Affidavit of Publication filed with the Clerk. public hearing was opened to consider the construction of improvements for the San Marcos Boulevard Water Service District. Utility Director Berzon brought to the Board's attention additional informat regarding the project which. he said. could have an effect on the assessment. one of which was the ommission of a 60' section of road which was not figured in the calculations and which could increase the estimated assessment from $8.18 per linear front foot to apprOXimately $8.28. Within the past week. continued Mr. Berzon. a greater concern has come up in that one of the property owners affected is of the opinion that, since he paid an assessment of front footage on Radio Road in 1972 for the installation of an 8" line, he should be exempt from futher assessment. He said that his opinion is that the depth of the previous assessmenl only went to 150'. notin~ that it is not a "clear-cut" case; H! s~id that it coul be argued that if the property is an indefinitely long parcel of land, the owner could not expect to be exempt from future assessments along the side of his proper If the owner's point of view prevails, said Mr. Berzon. it could have an effect of increaSing the assessment to $10.94. However, he said, that it is his opinion that the owner be given credit for the ISO', in which case the estimated assessmen would be apprOXimately $8.53 per foot. During the discussion which followed, Commissivner Wenzel observed that it was his opinion that the SUbject property owner should be given credit for the 150 assessment. Commissioner Wimer pointed out that, since the owner does not need th additional facilities to serve his mobile home park. that he should not be assess~ further and. if the land-use should change in the future, that would be the time for the owner to bear the expense of Changing from the eXisting use to hOUSing, or the like. Mr. Berzon voiced disagreement stating that the water pipe will be inst. to benefit the property even though. at this time, it is not needed. '"', ~ . . .. . . '-'" ..,' ., .. .:. -', ,. '.~. ....'.... ; "';:".a .. . .'~ .. . ." .' :'" ..: ,::..-..~-.. ....:..... ,.....:...:....;""' .~: ...~~.~~~~~'"'ci-.L:.... .-. . . ... . .~... ;z',- ........., 'ltf~~'tt.~"T'"':~~'i~~>::~~'" ....... .. .-.......lL "".. .,.-'~T."~t:y~~._.~.~~::~.~:!~:~~:{~~~. 'S:'j:t:4:~:?\;~~~~'t~r~;r~~ni:~~r~~ ~.~~:~ . .... "-""""048'" .... .... -.~..'l!.~"I-~.'-,t.."'...;j,;,~l,p..,,_~.....~..\' ..t"'.":"'''-""" ',--.~1. ....... ~... .. -.OOK". "'?Acr .......:.:-...-..._.~'oI~..::.,...~'_:~~.;..'T...:'lo!.-:.::...,':_.......~,'~.'..:....:.~.,.....;;=;.'.,:.....r-~.~... . . . u. . .. . ..._.-..~,:...~.""......,...._;................-:._."'.._,.,...,...-.."~~7'~.i..... .H....~ -...-~...;~.,:-. ~:;:: ~~~.-~...:..~.;::::.;i~~~~,1;;.'::~~~~~.~~7~~!~;~~~~?;ffi:.;._t:'c~':~~~~0 ~. ......-. '''''''''4< o\r ... . .' ""':"tli",.~w~~;;~.~~.::t:r..~" ~_ .-....~. .-- . .,.,-~ ... .. . ~"'...~.' .I;j:'.,.'"""....,,,..... .'-c......-..."" .,. '-=-t' :,..... . .....::~J...*'" . '. .... ".:;i!f;:.:r~~~~ij.;.:.:,", . . ~.i'~'''-:.-.'':'',lo.~'.~''''';'''''''~~'>~';:'~ -~~~ . ......... ~........r:::.......,.. I '"', " ."" ,', ','r-'"'" _. ~_.~~~" _. , .. ' --"'~~'';;.~'' . ~...' _.. .... .~. "~~.:~"""~~::r~""J.:J"""'t.:"(.~l...:~ ". . ._f'l'....,;.,.,.>.',.....~!.":-:"..."..;r~~~, , . -,...,.,.~~.. ~, ... .....,.;:'" ,." ,- ,~";",,,.."'-It~at4'" ~.'" A'.."O;'.. ~."'....'..... ", _'. . ~i;"r',r......~.. '4.," ....v.. .'11~",..,' . . '~\"';.~'t\.~.- ...... ......~.......,~'~..,,..J'~-!:81'...~~.,.:t"' . .~t't"'~:':"l ~1r4.'1,:..t':...:,.;~"...::,'/~...""..' ....t:~...:~~;J ,~~.' ~"~~~;~ ,.~t..~,1.'.,'..'<'l;'1':., ',,'" "'...:~~.'....~~:I~.;.....!!,_~ J'~"" """.("""-_--r'" -.........~~_IO~.:t io A~~~-":" .l-)""~;./'i'.. '......~..,.\".,~..."'.,. _. ' ..~... ' . ~ '. .. .. .' _,_ '. . . ._.,...... '~~m~~~,~.fa'50~~ . .,~t~;9..'.:.:..: ,~::.>.~.>~~.,~.,~..:Aip.r{r.il;.; 1'979 '~:.,'.j:r..r~~ ,.i~i.:::r:::.;:;:sr;::":~:. ""~.:' "" .... "" .' .... ..~'. .. '.': ':.''1'" '~":':'::';':. 7;.. .,;.:l.~~...,;.:.~.:::.'.: ..,..~.;.;:;:",.:..;....:..,~~ ......,.....'\"!'.T.:""':'-....~ .~.~..-.;;" t.."1t:f':1:. .,.. ~.,.'t:., ,'"," .:-- ,.....'1t',~,'.' /....'1:/ :~...t" ~ '~'.~t.L'lIlW:T,Ift-r',...'...:n,.... ..,......~......"\I'. ',' ...';JM..,..............."I.Ir~.>L~ .:..~ F~=?~':s:.;:~l:r+].:. ;''';~' :.~ :..-:~.:-..~~::.:,:;> ,c<'f:~} ." ..~-::.;.. :-~::.,'S;;.:.::f;:;f[:'i:;~Jf?~;;'\:..,;'.:. .," . ;.:.; '.' .: .: ;-'<.;.:~9 . Chief James Bf11man. East Hap1esFire Department, spoke on behaH'of the.;' creation of the district in order that fire hydrants could be installed for the benefit of all of the residents. Mr. James Walsh, owner of the El Rancho Mobile Village and of another ~arcE north of the Park, expressed opposition to the assessment due to his belief tha1 it has been paid for once; however, he felt that the matter with regard to the 1 hydrants should be considered. He noted that letters were submitted to the BoaT . Aide with Mrs. Morgan stdtlng that all letters received were in oppo~ition to th project. as follows: Mr. Leo Shaffer Mr. Ron Cook (2) Frank and Lena Bubenicek Jessie M. Brown (2) Ruby Barginer James W.. Sr. and Estella M. Walsh James W. Walsh. Jr. Additional letters in opposition to the project were filed for the record. as f 011 ows : Richard D. Jaru M. B. Morgan Paul and Diane Ziegler The matter of obtaining sufficient signatures on which to base a decision Wi discussed with Mr. Berzon noting that it was pointed out to the Board in January, 1979 that there were nine property owners out of twenty in favor of the project ~ could possibly be reduced due to the number of letters in opposition which have t received. He said that the ordinance states that if 51% of the p.'operty owners petition the Board. it is almost Obligatory to proceed with a project; however. t Board has the option to go ahead with less than that number. based on the opinion and comments received from the audience. He said that it was felt that there was sufficient interest expressed to proceed. noting that he was not "pushing" the project. Commissioner Archer moved that the public hearing be continued for at least month to permit time to redesign the "wheel", in view of the new information just recefved by the Board and the comments, made by Mr. Berzon and Commissioner Wimer. Commissioner Wenzel seconded the motion, adding that another referendum should be April 11, 1979 solicited to permit the property owners to express themselves again on the proposed new figures with regald to the assessment. Mr. Raymond Olson, San Marcos Boulevard resident, when informed that there will be an impact fee imposed. requested that his name be removed from the list r those persons in favor of the project. Mrs. Raymond Olson voiced her continued support of the in~tal1ation. among her reasons being the increase in fire protection. Hr. Willis O. Williams. San Marcos Boulevard resident, questioned why a 2" meter was pt!nn1tted for the trailer park previously referred to with Mr. Berzon explaining that the City, whicK had jurisdiction at the time of installation, die not object to such meter. Mr. Williams observed that there were many matters not "looked into properly" but that he is still in favor of the project regardless 01 the cost. He suggested that a time-periOd of sixty days be permitted to canvass the affected property owners regarding their support or non-support of the projec including those living outside the County. Mr. M.B. Morgan, su~ject property owner, was present to reiterate his opposition to the proposed district, as contained in his letter to this effect. Commissioner Archer restated his motion to continue the public hearing for sixty days, w~th Commissioner Wenzel again seconding the amended motion. The motion carried unanimously 5/0. ORDINANCE 79-25 AUTHORIZING THE CONTROL OF ACCESS TO THE SEWAGE TREATMENT PLANT PROPERTIES - ADOPTED Legal notice having been published in the Naples Daily News on March 28, 197! as evidenced by Affidavit of Publication filed with the Clerk, public hearing was held to consider a proposed ordinance authorizing the control of access to the Sewage Treatment Plant properties. Utility Director Berzon explained that the proposed ordinance has been prepar in the interests of protecting the physical facilities, as well as the operation c the treatment process, noting that a more restrictive access to the plant site mus be established. htt~.>~.:.:.- =:::-~""':'..' ~P..~~...~~ ,'.. , ,~:,;.;.;!!-..... ~.:~ tt-: '~.:~ BOCK 046 r^GE~ !l_;~'.......-r."'''' !.A~_.f_~~n'. -- . ..J:.Ji"'....; -";"'~!. ..,ft:!!....'., ...,;.,,",::, .' '.';e:;:,..I<t':~l~I::"I~~!~~f\~lf'l:(-::!~ . ,.. "".ll'?!l:"'a., ....~';:.~"_..........- '''<'\.'''''''''''~ :::r "'~'.......~;~;:-;:;;;.,. ..,.~.';(,~~: ' ) .~".. ,..,,, "";:,, ..' ,.". ". ...." .'" ,,". .. 'd' ~~","".", ,. "". .~ . :......,.,. ..,r...... .otJ:~ ' ,.~.., :.:......._,4. '." "'~. ..-. ".',"'-l{".,,' 'l/. ':r~~' ,~.."j}.:;..lI:,.. ',!)"~'''''''''''''''.I'-"hri(.~'.t''-=; ,...,~,rr'4l"......~:~~~.:",...,:::_::.~--:.:tI~.~.~~...~.!..,.:;:...~...;.:.;...,~.,. ~ ....;~l;.i*~d,.r 'Il' ..";':\:. A.~:";"~'_':> ,':',:.7"': ,"-:--:':,.,"~ ., .'j.....,_'Aj:t1.~__ ,I. I ...', .-.......v - ....,...,. '. "....., '. . ""ll~"h ''''''''u'_ .._.,.1.""....' ~~J.;.,. .'~~: ":'-~':.':'.;'~~t':'~:e6~/04S';'~A;;.: "~~" ~:"~":':>::~ftJ,!:!:.~~Jr:;~r:~~~(i;!.; 1~;9 ~ :".:~~:'. ~.~.~:.?tf1 . "', ..- ...... ~, ' . '........', '" ~ " ~ . ~ . ':.c.i'.....~;;.'t;J,;":.:'. ~r ,...... _.- >..~.....J........ ..~_/IO.1.,.r..:.1i__-r~ ~., .',:.:<:' ',;~ '::.' '::"-"'." . ':,,:" ,- ...~ ::::\:~~}.4~!:~;~jf~:~~~t:.~:.:... '. "'::'.': ~ :':~ ~:. ':7~~ There were 'no persons re~1stered 'to addre~i t~e'"niatter, whereupon '. .,- Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carried 5/0, that the public hearing be closed. Commissioner Wimer inquired as to whether or not there is an existing, ordinance which could be modified to take care of situations such as the one unc discussion. County Attorney Pickworth responded that he is unaware of any whic~ could incorporate the issue, however, he said that the proposed ordinance can be amended to address like matters in the future. Commissioner P1stor moved, seconded by Commissioner Wenzel and unanimously carried 5/0. that Ordinance 79-25, as entitled below, be adopted and entered into Ordinance Book No.9. ORDINANCE NO. 79.25 AN ORDINANCE RESTRICTING ENTRY TO THE COUNTY WATER/SEWER DISTRICT WASTEWATER TREATMENT FACILITIES: DESIGNATING AUTHORIZED PERSONNEL: PROVIDING FOR A PENALTY AND PROVIDING AN EFFECTIVE DATE. ORDINANCE 79-26 RE PETITION NZ-79-2C, PLANNING DEPARTMENT, REQUESTING AN AMENDMENT TO PARAGRAPHS 1 AND 5 OF THE MHRP DISTRICT IN ORDINANCE 76-30 _ AOOPTEI Legal notice having been published in the Naples Daily News on March 29. 19i as evidenced by Affidavit of Publication filed with the Clerk. public hearing was held to consider amending Paragraphs 1 and 5 of the "MHRP" District in Ordinance 76-30. Community Development Administrator Neno Spagna explained that the amendment consist of the fOllowing Changes: SECTION 29 - Mobile Home Rental Park Paragraph 1 - changed to read as follows: 1. District Purpose: The provisions of this district are intended to apply to managed mobile home rental parks in which lots ~ay shall not be sold to individuals and on-site managment is provided. (The underlined words are additions - the struck through word is deleted) April 17. 1979 5B. Depth of Side Yard - Five (6) feet or zero (0) foot setback. SEE PA~GRAPH G. 5G. Dr. Spagna explained the reasons for the amendments requested by staff and said that the CAPC considered the petition on AprilS. 1979 and recommened that it be forwarded to the Board with a recommendation of approval. There being no persons registered to speak, Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously 5/0, that the public hearing be closed. Upon motion by Commissioner Wenzel, seconded by Commissioner Pistor and carried unanimously 5/0, Ordinance 79-26, as entitle~ below, be adopted. as recommended by staff and the CAPC and entered into Ordinance Book No.9. ORDIN1\NCE 79 - .2.L- AN ORDINANCE AMENDING ORDINANCE 76-30 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF THE COASTAL AREA PLANNING DISTRICT BY AMENDING SECTION 29 MOBILE HOME RENTAL PARK DISTRICT BY CHANGING THE ''lORD "MAY" '1'0 "SHALL" IN PARAGRAPH 1 AND BY AMENDING PARAGRAPH S-MINIMUM LOT REQUIREMENTS AND BY PROVIDING AN EFFECTIVE DATE. ORDINANCE 79-27 RE PETITION NZ-79-3C, PLANNING DEPARTMENT, REQUESTING AMENDMENT TO ORDIt~NCE 76-30 BY ADDING SUB-PARAGRAPH B TO PARAGRAPH 10. SECTION 38 - ADOPTED Legal notice having been published in the Naples Daily News on March 29, 1979 as evidenced by Affidavit of Publication filed with the Clerk. public hearing was held to consider a proposed ordinance with regard to Petition NZ-79-3C. request by the Planning Department to amend Ordinance 76-30 by adding Sub-paragraph B to Paragraph 10. Section 38 Estates District. -.............."'.--... ':'. .....~ ',' ~~'$''''~:'~;' 6 "~6 ~~~. ~\-' &OOK 04 PAGE w ':'"':':"" .--:- : ----. .."" . ......,... . ,'....i.' , . " '.' ,~. ......1 ',.u.'" -', "'_ .,....~........~'~t.' .,.. '.:'l"......~_,~"': ..... .'...,,. .", ~.~. 1..~a.;""'-""fll),"l....*,'t".,~~..~.....,..,,:....,,\,,,,,.:..l,',,. " '", ..... ............ .7:;7..~f~~~:.~..:~:-~:~.~..~,: :."',. . , u:l '~:-:.I \...~: ~ ....: -"~ .c.. '.'.. ~,'~ ::~.~;:~i~,~~t~~.:i-ii~~2r..:i:~..~ '.:;~I'.':'; t. : ......, ."~, ':'~.' ~.~~;ro;-:' Ei: .~.'V-~.' .~...~&.:f'::\.;,-!..,..... '..', .", ~.. " ',' '. . -,II"" ..tCI 't"',,'1. ,~\".\.. ~\.Jlit~:h..i'tl).t..t 't'" -..,',' ,..... . , ... ... ."':",:,,- '!i ~":;::t.~~~i'..:.;~:~~~).:~::-.,:':~,.;.,:,"::~;. " '-l:' '" ;:;:~: '"..;i::;;:~i;:,~;<>,.,':~~.::.:.:~.:':', . :";,, ":;."'~'-:~, '.'; .;~~.~~ -;-~:.~::-.~':~~':.~~..::o.:~1.:.:0A6 D~C'E'M7..... ',:' .'::;i::~:~.'>~~ti~~pr,fl~ it{ 1,97.9' .;.. ',',. ': ':, '. ;:'. '.~ t,t';.t-.....~...,...\i.\~~.p U4\. S '..-" UI ,.' .."." .....l"'/...~'..". .......... . . ... ~.. .._.... ..____~-I .,.\&~~:t.~....."..,.......""'-;.f,.~.";t. "'r . ~r:~'.'-.;,.... . 4....:..~.F,.,.~~,;~f{....' ~tt.........,i'....'...11.1.. ,".~..... \,,:..t4~.........,J-.-:-...J*..r..:.,r-; ,',~1t;::.~~,~-1t-~t:kir:~';~e1~'~~~~~r~dm1n~'~t,~ri~l~~~~ij;~;~~~;;~~i.ed tha~' .:thi~'~'q~;;~ for the proposed amendment Wl.:i originated by the Zoning Department in order that lot owners of non-conforming corner lots may build on those lots. Mr. Jeff Perry, Zoning Department, said that the lots which are primarily involved are in the Golden Gate Estates District. He explained what is being proposed in the amendment by referring to a drawing displayed. He said that in the Estates District a 751 front yard setback is required; however, on a 75' or lOS' lot, it is impossible to build on the lot and meet the requirement! What is being proposed, he continued, will reduce the setbnck on tho non- conforming corner lots to 251. He added that the change will have no affect on conforming lots. There being no persons registered to address the matter, Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously 5/0, that the public hearing be closed. Commissioner Pistor moved that Ordinance 79-27, as entitled below, be adopted and entered into Ordinance Book No.9. The motion was seconded by Commissioner Wenzel and carried unanimously 5/0. ORDINANCE 79 - 27 AN ORDINANCE AMENDING ORDINANCE 76-30 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF THE COASTAL AREA PLANNING DISTRICT BY N1ENDING SECTION 38- liE" ESTATES DISTRICT BY ADDING A NEW SUB- PARAGRAPH B TO PARAGRAPH 10-NOr~CONFORMING LOTS OF RECORD AND BY PROVIDING AN EFFECTIVE DATE. PETITION R-78-9-I. GRAOY DLACK~URN AND HENRY FISH, REQUESTING A CHANGE IN ZONING FROM "I-SF-2" TO "I-MF-l" FOR PROPERTY IN SECTION 32, T36S, R29E, I~~OKALEE - ADVERTISING AUTHORIZED FOR PUBLIC HEARING MAY 29. 1979 Conrnlssioner Archer moved,'seconded by Commissioner Wenzel and carried 5/0 that Petition R-78-9-[ by Grady Blackburn and Henry Fish, requesting a change il zoning from "I-SF-2" to "I-MF-l" for property located in Section 32, Township 41 South. Range 29 East, Immokatee, be advertised for pUblic hearing May 29, 1979. April 17, 1979 PETITION R-79-2-I. CHARLES AND ROOERT RICE, REQUESTING A REZONE OF PROPERTY IN CARSON'S SUBDIVISION. IMMOKALH - AD'/ERTISING AUTHORIZED FOR PUBI.IC HEMING MAY 29. 1979 .. __ " Commissioner Archer move,!. ';(!cnilrJed by Commissioner Wenzel IInd un/lnimously carried 5/0, that Petition R-l~.2.1 hy Charles and Robert Rice. roquesting to r(!zone Parcel B. the East 100'lf til," WC!;t ]lO' of Lot 12, Block 6. Carson's Subdivision, Inmokalee. from "; ililrr" to "1-C-2", lJc advertised for public hearing May 29. 1979. PET ITION R-79-3- I. ERNEST FRU.lo\t\N. KEQUESTING CHANGE IN ZONI NG FOR PROPERTY LOCATED IN BLOCK 4. PALMETTO plllll( ',IJI3DIVISION. IMMOKALEE - MVERTISING AUTHORIZEI) FOR PUBLIC HEARING MAY 29. ].:1]51 Conmissioner Archer movpd. ,-'''onded by Conmissioner Wenzel and unanimously carried 5/0, that Petition 1(' 19.J 1 by Ernest Freeman requesting to change the zoning of Lot 4, Block 4. l'.,lrnl'ttu Park, Immokalee. from "I-MHSD" to I-MF-2". be advertised for public hear ;I,Q ~'l' :'9. 1979. PETITION A-79-3-C. JAMES C(I~)L, 1\: ,'I:^UNG THE DECISION OF THE ZONING DIRECTOR TO PER~lIT AN ADOITION TO A NON-(:O:~i '~MII~G STRUCTURE IN I'A" AGRICULTURE DISTRICT _ ADVERTISING AUTHORIZED FOR r.lllll,..: .~fEARING MAY 15. 1979 . ~ CCil1Il-bs-Wn-ret'.k.-cm.'1' ,11t/"~\: ',-condcd by Commissioner Wenzel and'carried-' unanimously 5/0. that Pet1 t '111'1 I;. /9-3-C by James Code. appealing the decision of the Zoning Di rector to I "'lIill~. "n addi tion to a non-confonni ng structure in "A" Agriculture District. be ,j(IVI ,Used for public hearing May 15, 1979. PETITION V-79-6-C. PERMACON, INC., REQUESTING WAIVER OF SIDE YARD SETBACK REQUIRE- MENT TO CONSTRUCT THREE-STORY APARTMENT BUILDING - ADVERTISING AUTHORIZED FOR PUBLIC HEARING MAY 15. 1979 Commissioner Archer moved, ;conded by COIIIIlfssioner Wenzel and unanimously carried 5/0, that Petition V-79.6-C by Penmacon, Inc., requesting a waiver from the side yard setback requil'ement tJ construct a three-story apartment building on Parcel 7. Tract M Lely Golf rstiltf.:S, be advertised for public hearing May 15. 1979. BOARD AUTHORIZES STAFF TO PURCHAS[ ~i!iNUALL Y-OPERATED PROJECTION SCREEN FOR THE BOARDROOM OF THE COUNTY COMMISSIONEH~ County Manager Nonnan revie\"l~d 'he research and the specifications obtained by his staff in response to the Board's request with regard to obtaining an electrically- operated projection screen. as contained in the Executive Summary provided. . . . . '-8-.' .....;:.-1.,........""'""" I,,;...~:;.._.~."?:::-:_-:.., 'II:"": -'!It> .~ ~'~~:lIf'.-."!lI-.'!~~T~ UCOIlDD'lIlBJlOI LtIIWHlJ eI writl1l& ,.".. or PrbItIac .:-C': ." ",",lIL';lII'-.,> .:--' "~~.._,. .:.:.... :ji e.~,,~,~~~.~~~ .~<t:.~'~~:)~~~:;' :,~~;-~.~~!{t~~~:..',.. ,t!'~:u:~: ~..~~~rit , . . ~. , <;; .....:.',,:. .i. ..' ~"-"".;~: ;.:~~.::;t: ',' .-...~-,...~-..........~ ~~..._..-..~...~~.-1.....,:....~,.....,~..~ ......~.~.,',._.~..~ .':~"-:-"'" ....=...' ..... '., ;" :..:...--t.-.,'.....':'r;-,.,. ';...r.~,~.:,'~....~,.......~.,... ..._,o;....'..::.....;.!:~..,; '.. ... .t ..,... ." ..~'... ....._..... " ~... ~..H... , . .,.-....--.... ,..o>'.':_.~:~,I.''...,-~'~....~~-...~. ,~,~.,:;~..~,;~~~::.~ . '~....-_.,... .-.-........ . ...~04ilAi.'US-.~....~.,.,.. ...,...,~,tli.. . :;?j"..~. ......'".~........ '''''." --~........~~ ",&o"v.r.;", .... CE .1.~...'~~r..,4.#-.iM'.t~i " . .""'~1:;..,',:.,'..;.;'lto,":.'.....~rl.::~~,...,\,:;(.u,* 1':'~";:'~ii:~ J{.?,. .... . _.. .. .~j)~;-!~::".~ . r . " ~"9~'" .,1-:.,.' ;'. . ,. ':~'~~'''''~;:~~'''''.'', '~....~;.~~~.~~,t. ....~.;..~t:\~~~+::..,:~;:~~~::..~~t:~<:~"':..,i!.>. ,:. _ ,..~::;:.=:~,~ Di scuss i on fo 11 owed concern I ng the nee:d for an .11 ectri cally-operated ... screen as opposed to a mechanically-operated one," the savings which would be realized, and the like. Commissioner Wimer moved, seconded by Commissioner Wenzel and unanimously carried 5/0. that the staff be directed to purchase a manually-operated screen and install same. J " REQUEST BY CITY OF EVERGLADES TO BE INCLUDED IN MUTUAL AID AGREEMENT BETWEEN COLLIER COUNTY FIRE DISTRICTS - APPROVED FOR CHAIRMAN'S SIGNATURE Commissioner Pistor moved. seconded by Commissioner Wenzel and unanimously carried 5/0, that the request by the City of Everglades to be included in the recently-executed Mutual Aid Agreement between the various indepen~ent and dependent fire districts of Collier County, be approved, and that the Chainman be authorized to sign Addendum itA" to said Agreement to include the City of Everglades. . * * * * * * * * * * * * * * .. * * * . * April 17, 1979 PETITION A-79-2C, WALDON L. SUNDSTROM, APPEALING DECISION OF ZONING DIRECTOR RE PROPOSED MOTEL ON MARCO ISLr~D (CONTINUED FROM APRIL 3. 1979) - ADVERTISING AUTHORIZED FOR PUBLIC HEARING ~y 22. 1979 County Manager Norman suggested that, due to the large number of persons in attendance for the purpose of hearing the appeal filed by Waldon I.. Sundstrom in Petition A-79-2C with regard to the decision of the Zoning Director haVing a , stop-work order placed on a proposed motel on Marco Island which has been continu from April 3, 1979, the appeal be addressed out of sequence. There were no objections. Mr. Norman said that. through staff error. the petition was not advertised for public hearing, as required. It was the consensus of the Board that those persons wishing to address the petition be permitted to do so, even though it was not scheduled as a public hearing. Dr. William A. Berger, Marco Island resident, stated that. to his knowledge, all of those in attendance for the purpose of hearing the appeal, are extremely opposed to the Ideal Fish Camp, the subject of the petition, in general and feel that the entire are~ involved should be zoned "RS-3" due to the nature of the properties. He stated that. if possible. he would return for the public hearing but felt that it was unfortunate that so many have made the sacrifice to attend the session and then to have it postponed. County Attorney Pickworth explained that the law requires such matters be advertised two weeks prior to the hearing. He further commented that in his opinion it would be proper to reserve public comment until the h~aring due to the absence of the petitioner and h1~ attorney and, therefore. would be afforded an equal chance f~r c~nt. After conferring with the petitioner's attorney. Mr. Pickworth said that the attorney has no objection if the Board wishes to let the public speak on the matter. The hearing continur~ with Mr. John Lauritzen, Marco Island resident. stating that many of the residents will be unable to attend the public hearing in two weeks. however. he asked that the record show that he is vigorOUSly opposed to the Fish Camp operation. Responding to Commissioner Wenzel, Mr. Pickworth said that the testimony heard during the current session could be considered during the public hearing. It was Commissioner Wimer's suggestion that those persqns wishing to do so co~ld - '. ~ _.. .' .\ '. .." ,""'-" ,,-- .1,." ;:.~ ..'~ --.-...., .-...-.. ~. ',' ~., .......P.:.r~:~11J ',' .l.'........Ir~~'J; ..........~.. . ,,' '''It'Ol'i<~~''l~i~iT--..:If:~Ti..)Jl';:.>''... ,.,.. ~-- ',i!'1J::'" ",.,. . ~'''~~'''''''!\~'...,''~.'~.'.:;;':':;'t~.' .. '. .!!:i,{;....;.-~~...;:~Ill'.:,....~.:.." >.' ~t..~,;.,..~7i-::,~..'.~~,.... pJt$ ~;~--:.f':'-:~~~f~-~-~~..~-:t~.....C~:.:..~:"l','~~:}:~.;t'....".~".~~ ,;.~~.~ ,,'t~,;.~-.~~/.:.~.~, '," ";....,, ~'....r.,......~~..,.......;';.. ..... "'\.::::~.t:.'.:., ...'~;~f'J.. ~"'A .'. ,-:.r."'~'J! M ,I........" '''1.''''.:"l''''(#,t.,)~ ~~:''''''':~::_;;:::'-::'~:-:::~'''..:.:~'''''', : .~" ~.' .,; ~'~~:~~..,;J:., ~.~;,.,;},;';':,)'\',' ,....':' '.' ':~.:.:',::::~~~ :r.!i::r'~~.df.';I;..:A'!Wd:i:'::':::"~"'S:: '~11 . tJ61.J' ~. "',':-' ':" ....,;;.:il,.~~1:,.>.....-.rl. )Apr1',.' :'11''".' 19.79..., '.; '~.' ,,'..;i, .....i.iiGI~ ':::~t~:.!~;.!;'~ODK:!\,,~II.......~~,~~.~,.. '; ;"~:;.\;',;i",",:":;;:~~~~.......~,J.j;""~,.'.,, . '. ~,~;.~~~~ ~~~~~E~~~~~7i~---:~~~.:,a:~.....~.:~.;.~.:.~:..., '~':-':'~~::~~:.,~~~~~!~~{jl;'~~';:'~ ':/, :i .: ~,.f4'4~..n!~.~~ . state their opposition in let'tel': to' the Board~'ai1~orhil1ch'would"be'consider~d ~ during the public hearing. Mr. Pickwor~h.commented that t~ose persons wishing to make a more substantive comment than merely stating that they were opposed should do so in writing, such letters becoming part of the record. Mr. Robert Kennedy, subJect area resident, requested permission of the Board to allow those persons in attendance who are opposed to the subject property to stand in order to signify the amount of opposition prevailing. It was granted by the Chair with Chairman Brown noting that approximately 20 persons responded. Mr. H.W. McNey, area property owner, voiced his opposition to putting a commerical operation in the middle of such a beautiful residential area containing homes in the $100,000 to $500,000 sales bracket. He urged the Board, in the event any rezoning is done. that the property be rezoned the way he felt it should be and that is to residential. Mr. Clifford Blauvelt, area property owner and resident, expressed his concerl over permitting people to buy high-priced property in the subject area and then permit a questionable piece of property, non-confonming in itself. to be expanded onto another area. Commissioner Wimer moved, seconded by Commissioner Pistor and carried unanimously 5/0, that Petition A-79-2C by Waldon L. Sundstrom, appealing the decision of the Zoning Director re proposed motel on Marco Island (formerly Ideal Fish Camp), be advertised for public hearing May 22, 1979. * '* '* '* * '* '* . . '. . . * '* . . '* RECESS: 10:05 A.M. ~Jtil 10:13 A.M. 'A' '* '* * '* . '* * '* '* . '* '* '* '* '* '* USE AND PLACEMENT OF MOBILE OFFICE UNITS (4) APPROVED, DELETING ADDITIONAL PARKING AREA. COMPETITIVE BIDDING REQUIREMENTS RE PURCHASE OF FIFTH UNIT WAIVED; PURCHASE AUTHORIZED Mr. Danny Crew, Planning OepartrnC:flt, referring to the Executive Summary prepat by the County Manager's staff. explai~~u.the occupancy assignments and locations fe the four mobile office units being purchased from the City of Naples. as contained April 17, 1979 in the recommendation. Mr. C~ew said that one of the units had originally been scheduled for use by the Medical Exam1ner"but, due to the fact that the ex1stin{, lease on his current facilities does not expire until October. 1979 and that thE lease cannot be broken. it is being suggested that a mobile unit ~u purchased lb for this purpose. During discussion which followed. Clerk William Reagan pointed out the need for additional space for the courts. funding was also discussed with Fiscal Ofi Harold Hall noting that a rp.l~t1vely small amount for additional parking has beE included in the Bond Issue. however, there has been no provision made for any of the other expenditures proposed. The funds. said Mr. Hall. will have to come from contingencies or appropriated from fund balances later this year. Commissioner Pistor suggested renting the additional space which is require Mr. Norman commented that rent would be SUbstantially higher than the costs of t proposal under deliberation, estimated to be $48,450. Responding to Commissione Wenzel's sugges~ion that the project be postponed until the space consultants make their recommendations. Mr. Nonman said that it will be a month or six weeks before a decision is finalized on obtaining consultants. and a further delay be~ results are forthcoming. Commissioner Wimer observed that there is an obvious need for additional space but voiced concern over building parking lots, and the like. before the consulting firm has reviewed the entire complex. Commissioner Archer moved for acceptance of the staff recommendations as follows: 1. Approve occupancy assignments and location for four mobile office units as contained in the Executive Summary (4/13/79). 2. Authorize thp expenditure of not more than $11,000 for the purchase, relocation and set-up of a fifth mobile office unit and approve the occupancy assignments for this unit and the First Floor of Building "F", as outlined in the Executive Summary (4/13/79). 3. Waive the bid process and authorize the Purhcasing Director to pay $2,480 to Mobile Home Transporting, Inc. of Naples to relocate and set-up the four units purchased from the City. of Naples. 4. Authorize the operational item expenditures outlined in Paragraph 7 of the Executive Summary. deleting Item a. Additional Parking area ($5.000). ,---_.- ~ .. ..... "".",. ~~~ ,~ .:.:~.~..~ ~.-. ~~:ix::.~~~~tL~.~~~~~~::ifr~';'~~'."5~~~r;k~?~7~~ ~-~~::~~""-~~~.~'.''';~~ .~~.-.:: ~..: . . _.(~:6ti~t~';;~~~~~~.i~':-~~~~ . . -MOkU40-p^GE~'t- .' .--. . '. ..... _. ..-'. ';".~-'~...I..,.,;.::t.l'.,~;.J:;'.~."!';,ii!.iiqI~~~t~~',. . ')'1J::,. . ......,.}~~~:;:.:I :';'~~~'~ ...... ..':~t... .: ',;"T~'::l~~, '!:.I:. :.;~~.._~..;.;.,..,,!'.;.: ~_ '\i,:e"':"", .. ... .;.;~...., ,.....-~~..~.~:;t'1::. ~::;:0~~~:1t:~~~F':==-'"iii'~~61~i=,~:.:: . . , ~. . .::~ d' ~~:K~::~':';':4"~~~..~ ',.. ":.. :.....-..:.:..:...-~ ____.t!.. .~.,. ;:'~".'~r ~. J'i',~,.~~.J."'. /o'.J?!.........O)e.. .,,,,,,:~. f... .iOJ;;.... . ';':'. ~,'!..1Q. ..'._." . '.', ,.".'!'t.i ":'~..~. . ,.... ,.~.:. .,._."..~..."'." il..~.Jor,/.........,.W<.<.J.....:r.~~..,..~r~. ...,...... ',' ""', ..,~~_ ~.,.,~ r..~~-3.. ::o.m~:~~........;t~:I.,...;;. .:~:r~~~~ ..:.,~..\;tl~~~.'~\i'~"'.~f.i";;-;/}' ~:'.,.:'.;~:.;..:!~. .. S.' ..-:... :-::~.:~::~ '. . U.llK.':'- .'....,":... ,.;.. "..~. .~~:i-~..'i'i.41 ',,,':r'97gt;';:~" .' "'.,~r:::::..':::::;..." , ~~1:.~ .. :-...:" .' _,_.. .._.' ~::"~:;~;t.'f;i~i;~r.r::!.l;.~i.'4"..!~.t.f"'" .~...(...~~. ;. ... .,.::.', . ..,...: ~-~. M.' :. ''::'.'.'' .',:;:':"': '::..~ ,:' ,~:, .~~..:.,"';f.:~~~.'!': ;'~'i:!.:~::' .~, '~"'~." , ..: ..~'.:;;:: 5. Author1~e the necessary budget amendments to cover the expenses outlined in. Reconmendati,ons 11 through 14. . , . -:~~ \ ,. ", L ~ ',I I. .- {~. .' Commissioner Pistor seconded the motion which carried 3/2 with Conmissioners Wimer and Brown voting in opposition. Mr. Crew pOinted out that the Purchasing Director has surveyed firms for the purpose of moVing the four mobile units and that the firm noted in Recommendation '3 was the only firm interested .1n the task. He asked that the motion include authorization to waive the competitive bid process with regard to the purchase of the fifth unit for the reason that oral bids have been obtaine. fr'om various firms, and that a local finm (later determined to be Shamor Develop- ment Corporation, Naples, Florida) is being recommended as the iowest, responsibll bidder for the purchase in the amount of $10,000. Commissioner Archer moved, seconded by Commissioner Pistor, that the competil bid process be waived with regard to the purchase of the fifth mobile office unit, as recommended. The motion carried 4/1 with Commissioner Wimer opposed. CHAIRMAN AUTHORIZED TO SIGN LEASE AGREEMENT WITH THE FLORIDA GAME AND FRESH WATER FISH COMMISSION County Engineer Barksdale explained that a request has been received from the Florida Game and Fresh Water Fish Commission for the lease of 4+ acres of County property at the Naples Sanitary Landfill site on C.R. 951, on top of a completed cell whiCh. said Mr. Barksdale, will not interfere with the operation of the land- fill. In return for the lease, he said the Commission will pay the County $200 pe year and give the County secondary priority use of the tower for the County's communication needs. He noted that a land parcel description and sketch has been prepared for the tower site and attached to the Executive Summary for the Board's revIew. CommIssioner Wenzel moved. seconded by Commissioner Pistor and unanimously carried 5/0. that the Chairman be authorized to sign the Lease Agreement with the Florfda Game and Fresh Water Fish Commission, as recommended by staff. ~:;:~~;~~~~..~;:s~~~~!g~;:~a~ . " ..,~~~.. .~.~~~~~. .... . .,.......~~~;;:r;.l.;( :~i~~~~.~~~~< '~,.,.._-, ',' __', . ::,".;;';:~~~~ '! ' ......- .. ~"., '" "" ,.-.,. .... ...,.,. .<i::-~'~. ""/~-'~"'''''''''i"""........,;. '-""- . ,-, ...... ',....... ........'."0..' '~'_"..ll'.._.,..,~;......... ----. ..."~. ...~":.'!::oil8.:"-.:.....~.~,..!:'.'..~.;.,.:~'-. " """"';o:"",,,,,,,,,:-~,,.',...t;; .. -- -'-.-'-=>. .....--..--= 0_. '". -.:.:: -- ". _. --. ......... .IM"'-' r.en!' "...it'^.... !....'o4r;,!~ "';""'-,(...1 -, ". .--.-.... "_IW' ,IACt.4: ..~-",..,...... .,. .~~.."........~. :}".~.,....~lI.;.~~~.V.~ _. _," .~~ r~~T.~~;;~ ~:\.,.i7 \ If. ".. .~ tJ1.9 ,... . .:=:_~.:;.;.::: '::~:':-'..' ; ,. ~~.:..;'~.=::~~;-.~~'?:~~.:: ;...:....;.~~j:~:.',..1"~~~~_:....;...'i'.,,' ...;.jt~;:C"'''.!<~;.~;:T;~':;.~;:;:.. ~. ~/: PETITION FP-79-5C, SOUTHWIND ES1 'T~. REQUESTING FINAL: PLAT APPROVAL FOR ...,.. . SUBDIVISION LOCATED IN SECT~ON 26, T48S,. R25~ . FINAL PLAT APPROVED 'J' Commu~ity Development Administrator Neno Spagn~locat.d the property known as Southwind Estates for which final plat approval is being requested in Petition FP-79-5C as being 5/8 mile west of Airport-Pulling Road, on the south side of IllIllokalee Road, inmediately south of the main entrance into Palm R1ver Estates. He said that the Plat has been reviewed by the Coastal Area Planning Commission, by all of the agencies, and by the Engineering Department and is being recommended for approval. Commissioner Archer moved, seconded by Commissioner Pistor, that the Board approve the Final Plat for Southwind Estates, as contained in Petition FP-79-5C. Regarding density, Or. Spagna said that it is very low - approximately one- acre lots. Responding to Commissioner Wimer, County Engineer Barksdale said that turning lanes. in his opinion. were not justified due to the low density of approximately 20 units in the development. He said that there is sufficient land to permit widening of SR 846 to four lanes in the future. Upon call for the question the motion carried unanimoUSly 5/0. .,. * * * .,. .,. * .,. * * * * .. .. .. .. .. .. .. if.~~'-=.r"'~';"'"i'4 '-'~')' '''. ....~.^'..'.,- .... " "",'~1"'~;1'~1.!-.~:-~t':!i'~~_' ~'t'"If.~~.+:-r1':t'.1H21 .. ~)ilfF~f~~~!'.ri:'~'.:JI.'Jt"'I".ll,,;"'ri .I.,"'~:, l;~.....It~ ,~,""~' ~.",.,:;~,'~'i,;.!~t~"7'4~~~..'",,,~-;r~':FrJ), ~'~'!..f~ " . '\("".'"'t.... '," ,(~:,.",,~,~'.';~,r......... '..),..., :;'."': ~:....~....... ~',"'-~,=."Y .;: ~.tt.'d' ~(,,~,..."',~"!',~.""';:'''''''''' .....:q::.....r~..,. .', ,'..-'.-'.,. "r;...."...........~..-...w "1 .... ..'.1,.., ....." ~.'l..~..Zt.~,,,.:fl'i'l"'1.~f.......l,(........ ir!......~...... J. .,.."'........~ ...1:~ C;_'I.~"'''_N~_''H.''''_~l':.' ........i.!tj~ .., "'I'. ,..... '""". .J.'''.,l:''..':,;:;j.~\o;>. ':" .;\,_~.}.......:: t<'.. _.'. . : .;, :.". u. .":!!. ;:~. ',/;, .. ")..... jttii:(}:I:.:.f(',+~~~.~~~>i}~1:~;::~'::::", .~ ,";i'~"'",:',,; .::;~!~~~~~~~~!~!~f{;';":::,:'~~:(;~~~:'~~::~ ~'."~'7.-'.:,-'.." ':'''i.: : "::'i. 'at' '''s'''' ........., -U3 . ..... . . '". .:\;>;:'~5.~:.t:'"":"A"! ~'1' .1.':1/0.,.....7..'...1.. 9-'79' ,:'::::'7"::,,"",,::;?-;;!.'!;'!'b~ ..,. ,. .' . . '.. . . . '. :.' ,;' ...:..... 'T:.:.. pr.... ':..' ... .".... ~','~;...,-,": . .00'" PAGE., -"0'., "~~:I. I"~':,~., /~ ""~._/'_"'~ ."~!I '.'" ..., II ~ '. .... ',' ~.. "I' "'..,..~ Of' ~ . ...-. , . .:it.. ~~ :"~~-"",.~.,, :. '.. . . .. ,. ." ...,. .::;:~'":-:'-:'',,;::;,:''.<:\::I'~..''' <..-- '::.-':4~r~ BOARD APPROVES SUBSTITUTION OF MOL ~L F1700 GRADER FOR' MODEL F1500 GRADER RE ~ ...~ .::; BID #335 (PREVIOUSLY APPROVED) Purchasing Director Frank Wilcox explained that the successful bidder on Bid #335 (H. F. Mason Corporation) has experienced production difficulties and has been unable to meet the stipulated delivery date for furnishing the Hodel F1500 Huber Grader, however, said Mr. Wilcox. the firm has offered to substitute Model F1700 which would be to the County's advantage to accept because it would permit immediate prompt delivery and supply a more expensive. heavier grader at the original bid prfce ($44,827 net). Commissioner Wenzel moved. seconded by Commissioner Pfstor and unanimously carried 5/0. to authorize the substitution of equipment with regard to Bid 1335 as recommended by staff. PURCHASING DIRECTOR AUTHORIZED TO ORDER A 12-PASSENGER VAN FOR THE STOCKADE THROUGH STATE CONTRACT Commissioner Archer movp.d, seconded by Commissioner Wenzel. that t.he Purchasing Director be authorized to order a 12-passenger van for the Stockade through State Contract instead of advertising for bids. as recommended by staff in the Executive Summary dated April 13. 1979. Upon call for the question the motion carried 4/1 with Commissioner Wimer voting in opposition. BID #352 FOR THE CONSTRUCTION OF ENCLOSURE FOR EMERGENCY GENERATOR _ AWARDED TO R.L. SCHMECKPEPPER, INC. IN THE AMOUNT OF $14.540 NET, ADDITIONAL APPROPRIATION OF $540 AUTHORIZED. IF REQUIRED Legal notice having been publiShed in the Naples Daily News on March 12 and 14. 1979 as evidenced by Affidavit of Publication filed with the Clerk, bids for the construction of an enclosure for the emergency generator (Bid 1352) were received until March 28. 1979. Purchasing Dfrector Frank Wilcox explained that the low b1d 1s $540 above the authorized funds: however, he said that there is a pOSSibility that. upon completibn of the project. the Civil Defense Preparedness Agency may increase their funding to 50% of the actual cost which would result in a savings to the County. He said that there is no firm assurance that the Agency will increase Its share and. therefore, the County would have to bear the increase over the estimate which would be $540. April'17, 1979 (;'~: ~ ': " Commissioner Archer moved, seconded by Commissioner Pistor. that Bid 1352 for the construction of an enclosure for the emergency generator located adjacent to Building "F", Government center. be awarded to R.L. SChmeckpepper. Inc., flaples. Florida, in the amount of $15,950 less speCific alternatives totaling $1,410, for a net award of $14,540. as contained in the recommendation of the Bid Review Committee letter dated April 5, 1979. and that the Chairman and the Clerk be authorized to sign and attest the resulting Agreement. At Fiscal Officer Harold Hall's suggestion. the maker and seconder of the motion agreed to amending the motion to include authorization for the appropriatil of an additional amount of up to $540, i1 required. Upon call for the question the amended motion carried 4/1 with Commissioner Wimer voting in opposition. RESOLUTION 79-50 TO RECOVER FUNDS EXPENDED BY THE COUNTY TO ABATE A PUBLIC NUISANCE ON LOT 5. BLOCK 89. UNIT 3. MARCO ISLAND - ADOPTED Commissioner Pistor moved, seconded by Commissioner Wenzel and carried unanimousl~ 5/0. that Resolution 79-50, to recover funds expended by the County to abate a public nuisance on Lot 5, Block 89. Unit 3, Marco Island, be adopted. * * * * * * * * * It * \:' ~'~i~ ~~'~ , '. .. * * April 17, ,1979 '.. ~ RESOLUTION 79-51 TO RECOVER FUNDS EXPENDED BY THE COUNTY TO ABATE A PUBLIC NUISANCE ON LOT 17. BLOCK 21. NAF'ES PARK UNIT 12. ADOPTED Commissoner P1stor moved, seconded,by. Commissioner Wenzel and carried unanimously 5/0, that Resolution 79-51, to recover funds expended by the County to abate a public nuisance on Lot 17, Block 21, Naples Park Unit '2. be adopted. f ,<: ,~..,;,i,. ~'~:,:/(it'~'~ .. * * .:.;..~...~.., ft~.S eJ~ ~~'aOOK '" P'\CE~'_ ?~~~::..' ~ q ~i,j":~" ..~..."" ,.:1 " April 17, 1979 TRAVEL REQUEST BY LIBRARIAN FOR CERTAIN KEY LIBRARY EMPLOYEES TO ATTEND THE 56TH ANNUAL FLORIDA LIBRARY .A.SSOCIATION CONFERENCE "IN ORLANOO. FLORIDA FROM MAY 8 TO MAY 12. 1979 - APPRO\..!D Commissioner Pistor moved, that the request by ,the Librarian for certain "ke Library employees to attend the 56th Annual Florida Library Association Confercn in Orlando. Florida, from May 8 to May 12, 1979, be approved. Commissioner Wenl , having ascertained from Librarian Richard JOder, in attendance. that funds are specif1call~ budgeted for this purpose. seconded the motion which carried unanimously 5/0. CHAIRMAN AUTHORIZED TO EXECUTE A TEMPORARY CONSTRUCTION EASEMENT AND A UTILITY EASEMENT ACROSS TRACT liB", MARCO BEACH UNIT 3, TO THE MARCO WATER AND SEWER DISTRICT, RECORDATION OF SAME AUTHORIZED Commissioner Pistor moved. seconded by Commissioner Archer and carried unanimously 5/0, that the Chairman be authorized to execute a Temporary Construc Easement and a Utility Easement across Tract liB". Marco Beach Unit 3. to the Mar, Water and Sewer District. and that recordation of same be authorized. * * * * * * ." ." ." * * * ." * ." ." * ." ~~:t:l~~t:~~~:~t~~:;~:~ ..l';~l2~>,2,; '.:. -...."..J... '-,... '-,...., ......-....J!l~~.-.,......:.rl;O"' r-A~:~,~t~'~r~;~:?:~~7:~~~~: ':': ..:'.~':.~a;;! ~..::~ :.,~:~~.~.;.. ',,~ . ,..... ~ '.' . ~ . .Z=~~.~.,:. ~.:-.,:~{~. ~.:...,':, .~ ~ .'-' . . ~.~ . ~ ..' <~:"..-,:".-.:>Bo~~..O(6 PACi253 " ., " '''''.;.''''''''''''';''"""/~;'~~.,~..., ~'. ." '!L;':4;;';~.,:'"'' . ,\,~~I\.h~~'.1"::I"$.'ft;~ft.~t;;~"~"~~7t~..~~;.t":\~'''.1'.~'T~!J#r' -. ''It ," ......'j~..>.Gl.;ff[t~ir:~:.... .':'.~:~~:;~ . ','''} ~~"1.t,.I.r,~:~~79 ,: " .' ..'. ..::: <~:~:f.:;t; - "'" .... .....".. .. .7:......_.. PROPOSED ORDINANCE RE PROCEDURE FOR COUNTY ACCEPTANCE OF SEWER MAIN EXTENSIONS AND FACILITIES - ADVERTISING AUTHORIZED FOR PUBLIC HEARING MAY 15. 1979 Following brief explanation regarding the proposed ordinance, Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously 5/0, that an ordinance setting forth and describing the conditions to'be satisfied prior to the acceptance of a sewer main extension or sewer facilities by the County Water/ " , Sewer District be advertised for public hearing May 15, 1979. BID 1354 FOR ANALYTICAL SERVICES FOR TREATMENT PLANT FACILITIES AND MONITORING WELLS RE SEWER DISTRICT SERVICE AREA "A" - AWARDED TO J.N. ENVIRONMENTAL SERVICES INC.. NAPLES, FLORIDA IN THE AMOUNT OF $280 MONTHLY SERVICE FEE, PLUS $12 EACH FOR ADDITIONAL BODS TEST Legal notice having been published in the Naples Daily News on March 15 and 18, 1979 as evidenced by Affidavit of Publication filed with the Clerk, bids were received until April 4. 1979 on Bid #3S4 for Analytical Services for the Sewage Treatment Plant facilities and Monitoring Wells at the Collier County Water Sewer District Service Area "A". Commissioner Wenzel moved, seconded by Commissioner Pistor and unanimously carried 5/0. that Bid #354 for Analytical Services for the Sewage Treatment Plant facilities and Monitoring Wells at the Collier County Water Sewer District Service Area "A" be awarded to J.N. Environmental Services. Inc., Naples, Florida. for a monthly service fee of $280 plus $12 each for additional BODS test as requested. as contained in the recommendation letter dated April 6, 1979 from Utility Directo Berzon and Purchasing Director Wilcox, and that the Chairman and the Clerk be authorized to sign and attest the resulting Agreement. GOVERNING BOARD AUTHORIZES EXECUTION OF VARIOUS DOCUMENTS FOR BOND CLOSING RE COLLIER COUNTY WATER/SEWER DISTRICT SERVICE AREA "AN. AS PRESENTED BY COUNTY ATTORNEY The Board. sitting as the Governing Board of Collier County Water/Sewer Distr' ., (Service Area "A"), heard comments from the County Attorney with regard to the forthcoming Bond Closing re same. Mr. Pickworth said that there is a considerablE amount of paper work which has to be ~one in preparation for the closing which is scheduled for April 26. 1979 at the Courthouse. April 17. 1979 The first of the documents presented for Board action, said Mr. Pickworth. is a resolution amending the o.ig1nlll Bond Resolution. He explained that. becau: of the age of the initial Resolution which prOVided for interest payable from I September I. 1977. a new resolution has been prepared which slightly modifies the initial Resolution and provides for interest payable from September 1, 1979. Commissioner Pistor moved. seconded by Commissioner Wenzel and unanimously carried 5/0, that the Resolution amending the original Bond Resolution be adopte( Following brief explanation b~ Mr. Pickworth as to Why the next document being presented is necessary, Commissioner Pistor moved, seconded by Commissionel Wenzel and carried unanimouSly 5/0, that a Loan Resolution FmHA Form 442-47, be adopted. Mr. Pickworth explained that a Certificate as to Public Meeting must be adopted and signed by each of the Commissioners. Commissioner Pistor moved. seconded by Commissioner Archer and carried unanimously 5/0. that the Certificate as to Public Meeting be adopted, following which each Commissioner affixed his Signature to the Certificate. The balance of the documents. said Mr. Pickworth can be authorized for the Chainman's signature and attested by the Clerk. Commissioner Pistor moved, seconded by Commissioner Wenzel, that the followil documents, as presented by County Attorney Pickworth. be authorized for the Chainman's signature: 1. Equal Opportunity Agreement - FHA Form 400-1 2. Non-~1scr1mination Agreement - FHA Form 400-4 Plus the fOllowing documents pertaining to delivery of the Bonds, 3. Validation Certificate; 4. Incumbency Certificate; 5. A Certificate as to No Prior Pledge, 6. A Certificate as to Delivery in ~ayment, 7. Signature and No Litigation Certificate; and 8. Financial Certificate. At Mr. Mike Zewalk's request, Mr. Pickworth explained briefly the purpose for each of the documents which the Board approved for signature, the first two of which are pursuant to executive orders, and must be included in all Federal contracts, the Certificates being essentially standard documents which any ~i:~~li~governmental body signs pursuant to any Bond issue. f' ,..r..._f.... ". ~~0:-~~" ~~,~'-'" .~ ..",.. '. .....01'.,..,'..".... . ~~~~~~::'" ,._~. ( ,"_n_..._".. p~~~ 048 P,'r:~ 2S4 !.".i!;'f".ei':".~'\lit'ir (/"':(l J.I.~..:t:~l"':~~~,'J::'1I.., '''+''. ..':', ':JO'~~~ . ~ . .;.c<'" ,'" .:': 4' ..... ,', .....~.~.V..., "':if4r.' ."~ ~.' " /,,,..: ~Ilo. ....'"f,t r,~., I ';':1" I , ~ ~'J1o.........:..tl .,...... . .''''r'''/O,"~t~,~:';', ot',r .- ~ ....... ..~.'.~.i~". .....-f... "'.-Y! ,. .., , "/l._...,,~ "".4fJ... ........tl ..,...>>. .'~.;.":~;; .~""t\.,~~tJ.~:,1""'.~~~. ~''''. ..~ ' .~ t ... ... """'-;', " . :r (.M :liz" . . r' .r.. .....-.. . # ,......, ...: \:".... .. ".1.... "''''''J' ,~,. ",. .."....1~_.M, ""..~. -...,.....,..........t.-'I ...;.~...... ".~'rt..r ...'l'..:r-~". "'.... ......,,~II.....I'\~. """~) ~'l. :t :1..".......,l.. '\,.,."-';~....~, :::.~. ~ . ;, . :~<::. '.: I .;r;,t... '.:.' .... ."": :';" "'; · .-~., . ..:.~.}.':.~..;;~ :/~~,< " "..,:J::":'/::~::: :~--...;7 .t, -.-... .... . .' .:- 04' 6 255""" ". . , '1~""JI'~" '''1'f.(!.1. .~ '.... ".,.' , ., ,". .... ...: . ~, " ".. ., . .. ~ ~; . j . /', ~,\>J A."'~!ilff.jj7' '", r It ft' ";-." .:. '.. ,,' r .....7'J.. ~..( :. .... .,' . '. " BuOK. PAGE '. ~., ,.~'t,:~.~ './>' I,~ f~. ..J;,7~.,... -,. ;.;.. ""; "'1'; 4~" . - ''',' ... .,( '~""'''''''. . ~ 'j~l(_f)t_4~'f.,'Zll't,,,,,,,,~,Jt~"~ .'..'~. ..:../",..Jt'\_r.:r""'~ ".... .... ".t . ;.. :.', ". '" ~. <l ~,"'...f(.WWI/..,~/...~",},JollI;"",'_:#"".",,,,,,,,,,", .. ...., AI:I'~1-""~ - .~ '.., . ...'.,' ..._.,,,..~~,;,~~,,,,,,:,.~~:...::..:..~.;t.~.>::.. '..... .~;..,~."I~ At Mr. Pickworth's request, the maker and' seconder of',the.mOt1on on'the '. 0'" . floor agreed to include approval for the Chairman to sign the following document: . , .' -', 1. Affidavit of Final Payment for all contractors on the project, as attached thereto. Upon call for the question the motion carried unanimously 5/0. Mr. Pickworth pointed out that there will be additional documents for the Board to sfgn prior to the closing date of April 26, 1979 which may necessitate the Board convening in Special Session. *Copfes of all aforementioned documents appear on file in office of Clerk of the Board. ' * * * * * * * . * * * * * * * * * * * * * * * * * * April 17. 1979 BOARD AUTHORIZES THE ISSUANCE OF FOUR 4" AND ONE 8" WATER WELL PERMITS TO CORAL RIDGE-COLLIER PROPERTIES TO PC USED IN CONJUNCTION WITH TESTING PROGRAM _ SECrIC ~48S, R25E - WITH STIPULA IONS Utility Director Berzon explained that the four 4" wells and one 0" well, for which Coral Ridge-Collier Properties are requesting permits. are for use in connection with the firm's testing program which they have been requested to cat out. He said that they will be non-production wells and. when complnted, the W( will be capped and abandoned in the proper manner. Commissioner Wenzel moved, seconded by Commissioner Pistor. that the water well permits requested by the applicant. subject wells to be located in Section Township 48 South, Range 25 East, be approved for the purpose indicated. subj~ct to the stipulations of the Water Managment Advisory Board a'nd the County Utility Director, as follows: 1. That a copy of the driller's log for each well be submitted to the County Utility Director upon completion of the drilling opera t ions; 2. That a copy of the testing data be submitted to the County Utility Director, and, 3. That the wells be used for testing purposes only, and that the wells be capped and plugged upon completion of the testing program, and that the County Utility Division be advised accordingly. Mr. Thomas Missimer, of Missimer and Associates. Cape Coral, Florida, Consu Hydrologists, representing the petitioner, explained in detail the purpose of the testing program, the location of the test wells. and the like. Responding tr Mr. Mike Zewalk's concerns, he said that there is no intent of developing a watel supply on the site because of its sensitive natur~, noting that such restriction is part of the Consumptive Water Use Permit issued by the South Florida Water Managment District. Upon call for the question the motion carried unanimously 5/0. CHAIRMAN AUTHORIZED TO EXECUTE A GRANT-IN-AID AGREEMENT WITH SFWMD RE GOLDEN GATI ESTATES REDEVELOPMENT INTERIM ACTION PROGRAM Utili~ Director Berzon explained that the South Florida Water r~nagement District is offering $25,000 in aid to the County to assist in carryi'ng out the Interim Action Program with regard to Golden Gate Estates. He said that this am< ~~~:;tjzia,::~: .' ~""-',,' , -~~':::~,'.,".", eo"..... ~~~':'#o:.. r\ S~~~..~..~.~7:~ ~"~ _. ..~-" 04 6 PA~f 260 is in addition to the appropriation authorized by the Board, also in the amount . _" 'f;\/;"IJ-I'"' , '";: , , of $25,000, on April 10, 1979 when the supplement to the December 15, 1978 Agreem : .:' ~: ',J ,'.:.,.10. ~J' . . . was approved. Mr. Berzon explained that ,the funds will be expended for carrying out the recommendations contained in the Interim Action Program, and not for the purpose of additional studies. The work, said Mr. Berzon, will be supervised through the Golden Gate Estates Study Committee and their engineer. Commissioner Pistor moved, seconded by Commissioner Archer and carried unanimously 5/0, that the Agreement between SFWMD and the County, as explained by Mr. Berzon, be approved for the Chairman's Signature. * * * * * * * * * . * * * * * . * . . * * * * * * * April 17, 1979 RESOLUTION 79-52 CONFIRMING Bce'; OFFICIAL POSITION WITH RESPECT TO THE PROPOSED MODIFICATIONS OF THE 1974 CONSENT ORDER ENTERED AGAINST GAC - ADOPTED County Attorney Pickworth offered his apOlogies to the Board for having to place the proposed resolution. confirming the Board's official position with resp to the proposed modifications of the 1974 Consent Order entered against GAC, fin the agenda on such short notice, however, due to certain circumstances which have! arisen, it is necessary that the matter be considered this date. He explained uriefly that the situation, either deliberate or unintentionally, was staged in such a manner that it has become necessary to take action to address the conca manifested in the resolution. Mr. Pickworth recalled that in 1974 the Federal Trade Commission entered int.I a consent decree with GAC requiring. among other things. that GAC provide certain facilities and, also. to provide the County with 1100 acres of land for pvblic facilities. Subsequently, said Mr. Pickworth, GAC went into reorganization bank- ruptcy and the firm is now attelolpting to reduce its actual and contingent liablli1 in order to convince its creditors that the firm can be brought out of bankruptcy and become a viable corporation. The proposed modifications to the Consent Order: he continued. has the effect of eliminating certain GAC responsibilities. among which is a provision for the means of all, or substantially all, purchasers south of Stewart Boulevard in Golden Gate Estates, it deletes the requirement that GAC, in effect, guarantee potable water and sewage disposal ability at each lot. or considerably modifies such requirement, and, it deletes the requirement of conveyance of 1100 acres to Collier County. He explained the effect and impact these modifications to the subject Consent Order would have. Mr. Pickworth said that comments regarding the modifications were carefully discussed and a meeting held with representatives of the South Florida Water Management District. the Big Cypress Basin Board, the Department of Environmental Regulation, Dean Frank Maloney, of the University of Florida Law Center and the Southeastern Water Law Center, and others, inclUding staff members and Consultant William Vines, following which the comments were prepared with the input and assistance from these individuals. Other comments, said Mr. Pickworth. were -......- ~...' ~'~;':'- F~;-:t:":.;': -~..:.-:: ~~~.\.:-~:'- "', ~~~., aO~K 046 PA~E 264 ..~.-h ';'~~'..'~.'~.( ,..~,... ...... ..... ..... .' .,;:....:,...~,......'''..,.;;t~.~'.''.'''.'''.llil~';.'\.:~l'''''~. .IW..... r,~'.'...'i.t'i!T'<<"',;V,;.~~ ~ .'" '... ."""', '. ,'" .~......1,.,..",' ~~I,"t![.."!I(-~'~h""'i't > " '., .'.,4...i.~:,.~:,..,..~ t~'~.~....t.,"4t~r' . ,.;.....1......... '.. .", ..', ,'. .of, :.; .-" ".""'p I ~~1'......: ,..~,!.'.. 't'f,/~:.J~"I:'\i"1,, .~.."~1!lt;.;....~1.4r..t!,.:..it~I'r,....'..~a ~ii::!~?...~~\t..,.., ,'........,..... .' "'F.' ':'.n"'~ ,I,'.. i.......~'~_,~ . ... f ~.,. .. t.. ......f' ....~_!~l. '!I~W' ,i~"t\.:,.;:'..~~J. '-/..;t. ,', " ", "~ ~ ~ I ':.'" "','" ... '.~~..:........,.::'.'.,,"rH .t.~ ..,..."'....,,'..... .'.:.'. .,.' . . \'" ,.'...~.."'.......""',~...........',..".,,_..\........ ".......'.....1"'. ' (1,..-::..~(,1...'"'::..:,...."t..,.. "'''' '''',\'1;',:' '1.- .,A....,. ..~..............' .to'". ','~';' .;..'1:=~'r~...1 lit' .:.,...,.-.) ..,.: :.' :.__.-' . ...I'O..~'. "~'. j;:~i~~.~::;.;.7 8<O'.O:K" ("'a'~ ;;~:'r.E'l)tJt1 .. '. .' .::'. . .:; ::. ':::.'AP~i1\'1~,~.~i'979" :':'.' . '.: .><.~:.:~:.:~~:~ ./. ..' 4!0 I/I~ ~ . . ". !,'!,/,,' .. ). "',.... .. '. ,._~ t. '~~:\..tJ'. ..~:~ ....:. ..... .. . .. ~ "" ."~ .",:,..:'':;-''~i.,'a:''f'' .....}.~ ' :'~'.' ',.- .:;....... ~'l 01,,,. ..........:... ...,. " ~ -, ~'. _ ,.,,: \ . .......... ;. ",',.', .: I .' .. .... .....: t,. :;" :.:.: . j;repared and submitted by DER anct HUD to the .FTC:!'", H(~~t4td th~t. th'" cOlimenii~ " ';" ::,.,..:....... "';' which were submitted by him, were submitted as the 'Attorney for the Board of County Commissioners and the question has been raised by an official of GAC and by a representative of FTC as to whether or not the comments represented the County's position on the matter or if they represented his own personal feelings. He noted the receipt of a letter, dated April 16. 1979, from Co-Trustees of the GAC Corporation, addressed to the Board of County Commissioners, in this regard. Mr. Pickworth said that the proposed resolution speaks for itself - it speCifically states that the Board confirms the subject comments as the Board's official position regarding the entire future development of Golden Gate Estates. or the floOding of any land there, or any of the other concerns raised in the subject letter from the Co-Trustees. The resolution. said Mr. Pickworth. further requests the FTC to consider the County's comments and not to approve any modifications which d~ not protect the 68,000 lot owners of Golden Gate Estates, or the current residents of Collier County who may some day be required to pay the costs for any actions taken in Golden Gate Estates. The resolution futher requests , said Mr. Pickworth, that the FTC take those actions recommended by the County in its comments. Commissioner Wenzel moved, seconded by Commissioner Pistor, that Resolution 79-52, as presented by the County Attorney, be adopted. Commissioner Pistor stated that he had read the comments prepared by Mr. Pickworth and his assistants several times and, in his opinion, they covered the matter in such manner as to protect the Board, the citizens of Collier County, and certainly the people of Golden Gate Estates. Responding to Commissioner Archer. Mr. Pickworth stated that he does not believe there are any inconsistencies between the SUbject comments and the Agreemel , which the County entered into with GAC and which was approved by the Bankruptcy COI as suggested in the aforementioned letter from the GAC Co-Trustees. He pointed out that the comments are to the FTC for. their consideration. He said that since action, If any, will be taken by the FTC, not the County, and, therefore, the stat. ment made in the letter is not supportable. Apr11 17, 1979 Commissioner Archer noted thft there were several memebers present of the group who attended a meeting in Washi~9ton, D.C. with the FTC sometime ago. when the original conditions and agreements. with GAC were discussed. He said that by accident it was learned that a "closed-door" type of meeting had been held prior to that between GAC representatives a~d the FTC to which the County's representatives were not invited. He commented that it seems evident to him that po~sibly th~re have been more clandestine meetings held between them, ,in light of the proposed amendments to the FTC decree, and that. possibl~. the "shoe is on the other foot" and that now the FTC is wanting to protect GAC more than the public. Mr. Pickworth agreed that such speculation is possible. noting his "shock" at the turn of events in Washington. as were the other County representatives who attended the meeting. Commissioner Archer said that the impression he received was that almost everything that was said by the FTC members, either to the DER. the County's contingent, Hr. Vines. or to him. had been predetermined in the previous meeting. Mess~s. BE~zon an~ Vines, who were in attendance at the subjact meeting. expressed their concurrence with Commissioner Archer's statement. Upon call for the question the motion on the floor to adopt Resolution 79-52 was carried unanimously 5/0. Commissioner Pistor expressed the Board's appreciation to Messrs. Pickworth and Vines for their efforts regarding the matter just concluded. * * * * * * * * * * * * -'. . ~~.~ ~ ":.,,.", ...- () 6' . , ~:,". ~~~;~~~o,~. 4 PAGE 266 ~n~ 1,_" .""""0' . . * * * * * * .. '~''l:''''';~'';'''~,f;''.''t..... . ..... ..: ."....,~, " "'" '.c. ....;',../.,,~ ':""I."";'':I~'':fI::l.~'~'~' "~".\'\!.>I""~''''~~''.' .':"''''~t>tl. . ",.,~: '\.;:~..... ~:,. ., I '..".;~",.. or. ",",-, ',... ~..: .:.... ,,': ~ t..:,;' ......~ ' . '.,.. ...."......i...:1 ;t\~.~:~;,,:t......a"..lo.r.". i".' t' f. T.~,' ,;,:"'~ ' -,./ ~ ,i - a"..:' ""'..tf~..;;'. . :l'.lr\ ,,~.;a=;M;N--:j1 {.lI , ,....\~. .. .~. of.': ',; -, r. ~ ,;::.' ..~ ~ ~"',:~ ;!~~i"",~'f:'t"'~""!:';:., ).-:;.0,: ,...t,.....~.~..I.I~~'~.'J ..,_~':t.::~~- ~. :-~.. .~. ~""'l !';... Tt..:.i:.~ ,{ '.., :'_...:- ""."" ~... tflot ~',' '..'.' ". ,I ..~. . :" 0" ;. , .,1 .,..~~~. .,.....'~/;...'..~.I\';'~~~".., ": ~ ,~,:'~, ,i ~:.. ";!!..-'Mt: '.. o .., ".. " '" .... .v-.~~, ""-......... \oi..'.~t ('-.. ."" '..... .~ <<It 'i ~~.', .' '," ~. , . 'do.. Ii ..., 1~.~'l",i~J.~' ,.. W" '.'". i~""," J'tJoI 1.._ :)~; :a:,".,~.' ... !~;. ":':._~~~~~~7'7~~~O'('-6"':''':'.''~Z6' . 9 .. --. '; .' .,':. .' :. -' ~..~ii~!'~';-'.'...:..,)r;,'1f:'.'-:":';"": ~";'''';~~}.~':':'::'';~'''f'" . If: ~..~:.-:t:t~~r."'ttPoi:. PACE ..:.1. .~;, '.. . > .:>.<.:......i...~pr1~,;Hi:.19'9..:-;..,~..l-.:~~:'":~~~ ~~:~f~if-0.:./;;j:!::;.:r:~:;.':.:..< ~'. ".: ,;~ .',' ~ ..........:~: :.:': ;~;iH}~j:~:~!l{~Z~;;i~~t;;-;;:"':' .:..~~r.:t~..~.:,~~ ';:...:-~ ..;. 'ROUTINE BILLS - AUTHORIZED F9R rAY~1ENT.. :"",;"'~'~;,;:;;.'.if;(.~....: . . '.' '. ..~.._. . . . '.. 1~~ . "'I"""~"';'.': ! Following Fiscal Officer Harold Hall.s statement that the bills being I presented h~ve been processed following establfshed procedures, and that funds are available. Commissioner Wenzel moved, seconded by Commissioner Pistor and unanimously carried 5/0, that the bills be approved for payment as witnessed by the fOllowing warrants issued from April 11, 1979 through April 17, 1979: BlliQ. County Warrants BCC Payroll CETA Assessment & Utility Clearing Road and Bridge 12 WARRANT NOS. 005935 - 006157 59222 - 59652 9 - 10 35 - 39 16 BUDGET AMENDMENT 79-73 FOR EXPANSION OF BUILDING DEPARTMENT STAFF - ADOPTED IN Tl AMOUrlT OF $35.415 Commissioner Archer moved, seconded by Commissioner P1stor and unanimously carried 5/0, that Budget Amendment 79-73. with regard to expansion of the Bu11di~ Department staff, be adopted in the amount of $35.415. '* '* '* '* '* '* '* '* '* '* . * '* '* '* '* * '* '* '* '* '* ~~~~:~~1' ~~'l.::-..~~.:,:':"''':,i.~j..i..~:~l'':;'~';''':'-~ ';: :,1t~~;;":;",,,,~~'..,I . ' . '~"R ,~~ .. ~l; ~'W.hi". ,....~,... ..fI/III!".;.J"-,..,.,.":;....J,,iMifiA. ~. ... , ._'..... n~~~' .... .".... . . ".f.. ~.~L ". ~;~~1"'~~m' 'l!g~ ~_. .~~,... ,. ;:.f"~. 1"'~ .,,;:<- , .;. ~ ;ot .. i~~~:~~t;&.~.\~46.~t;~~1.4::;;:.;:~.,~:~i~~~ ... .~.3Apr.11!11i, 197r;.;.~;~..i,L:.;:::~ :~ti."....,.... ~..:~~~;=..:~~~ii~;~~:;~ ~;~~~:~:. ~~~~~~~:'~::~:.~:~:i:.,... :~'~ :~~~..:..:~~~ eUDGET AMENDMENT 79-74 TO TRANSFE~ FUNO$:'FROM CONTlNGENCY"FOR DEFENSIVE ", ',:, DRIVIIlG COURSE - ADOPTED IN THE AMOUNT OF $450 Commissioner Archer moved,'.secondef~?e~1SS10n.r Pistor and unanimously . ' f ~ ,.' '_" ,_...-; .' " carried 5/0, that Budget Amendment 79.74to"'approp'r1ate funds from the Contingency Fund to implement Defensive Driving Course, be adopted in the amount of $450. .. * * . .. .. * * * . . * . .. * .. * * * . * .. * * .. * * . . ~'.':'....a.:z::..;".o--_-....~_._- .,. ,..... - ........_._. '." ~"'~.'" ,_- .'.. .~;: ,~ .~ ~'Il"""-' ...'oj......".". ,.......~_. ", '.; . :.... ....... ::.;.'~.:..~ ~J,'it~'Cb:;~.:..~.~:I.~~i~L~~~~~!(\4:~~,4eI~~~^ ~- . .........',',. ~~:~;:t...' ..>. :~~'~:+h':~~~:C:~"'"':' ,,-, '. "'-~~'lc.;.;--.;.~"V~"',~.:;"f""-,'" . .....:;'''',.,.:....~:~~~t.~. ~~~~-;..r~~:..~....:_~~;---:-;;-....:....o' .:'" , ~ '......J.I<.....~..i' "~ t,. :'.,~:....:....;;,...,~.. .-.......,....-. . -. ,.-........ ...,..:~~.. ...,..'1e.:r:I'~";' ". .' "-'''1 ~ !i"'.. '1< t" ,''''',*", ...J......, 11: . . '- :;.:'~:,"':':..~'.... ','~.: ... ;~':_'-:'.~.'" ~.:' >:'_;:'M_'''''~''>'''''':'~~: .. '", ....,.. ...~:l~' ..;.i~?\<:,'~..r'~ '::-'~';~>""'''~'_.''''~ ~~_"!~~-;-"::-.":-::'.''''-J)~'4~6.'' ~':'""'~"~2" 'l'ad'" .~;,...:. "". .~"l~.$~.~~~~..f~~J~.;2..}:.:..7.. ';":';.":'J.~.._,.;,.i~.'1"~ "'~.' ~-. ....-..-. ....."..... .":-.., . .., ..,. .'; l:..:........::~...' .. ~j)-rfl~. .7ii~.~tp79~~..~f"..... ": . "" .....:.. ",'"-... ~'\~:~~:-;.'"780uK=: " fAct ..;:,..;...,.......-.,~~..,.: . . "'r.;litJ1~.~";;'ISo:~:"4'~~'1"~ .. ". ~', .. ~ .. . .' . '.' ~"!"!':. .... ~:-~'- .' :.....: :~X~i. w.:~~~~'$:~.;:j.:~,.:.-:.:..:..,...:.::~~;~..- BUOGET AMENDHENT 79-75 TO APPROPRI,:TEFUNDS FOR' PILOT TO ATTEND BELL '. .' . HELICOPTER CONFERENCE IN MIAMI, FLORIDA APRIL 16-18, 1979 - ADOPTED IN THE AMOUNT OF $100 . Commissioner Archer moved, seconded by. Commissioner P1stor and carried unanimously 5/0, that Budget Amendment 79-75, to appropriate funds for pilot to attend the Bell Helicopter Conference in Miami, Florida April 16 through 18, 1979, be adopted in the amount of $100. .. .. .. .. .. .. .. .. .. * * * * * * . * * . . * * * * . . .. * * Following brief explanation by Fiscal Officer Ha1l regarding the need for same, Commissioner P1stor moved, seconded by Commissioner Wenzel and unanimously carried 5/0. that Budget Amendment 79-76, to appropriate funds for the lease of the MVI property at the Naples Airport for an additional six months. be adopted in the amount of $3.000. * * * * * * * * * * * * * * * * * * * * * * * * * * * .......-..............~ ....--l..,..~.~-..... ,'" _~...w.,.~. c',_'- _~-.-. ,....\., ":~"~;~:"'_ "':r~~'.;t"...,~" _ ;~.~;frt-r..:it':fA,~rl.~_~i'j.",:.J;}:::t..;:'i'S'~""~~"'" J'I, "fq'tl..:~ "'....ii7?' ;r.-';"~':"S.." ,'i<;:,";"'~'./: '::i.'~~~:'~~'~"''''''''_ '. ':~'\("-"~"':r":"'''V.'Ii::iX,.;~;r-, J$,!~ '..;If4i.;"i'\'fJ;:~,*",.~."";j,J. 11. '11." .... . ,..._=!....~ ~-,",- .~..-. .' - (.~ 'f'''"" '"M....... ."J.. . .:.~.:!,..M;!:i"~ ._.., .,...... .... .~' '. .'i'Q! ~~,;;;",,,,,,,,,,,,.j'.< i.-.i,.; A)t~ ~... . ';.;.;'" t'~;"" '." "'. ,~'" ~,0JI4~ '~...,-" ':~':;'.i'( .t:~,..;,:~'l~;:.. '. . ~ .v..i'~~~;','f,~t'~;:~.: '.:".:,;".,.'.1: '.:."'!',~\';\...~:{":, _. ':... :':?:~"" 1; .. ;....~'..:;.;j;;;, 'J,,~~:fl~'''''''' 1...C~;.._......'J.!"";""_""""~"" .. ,,"""'~t{l.i' .".L"':>'.V,.",ll)'p.,., ...,....'t(~..._._. . \-"tV~"'."''''''.,'''. -_...J?',...,,/11"'L"""t !"llit,'~'I'I"''''''.~l;.:,'~''':~ _ ',\., ",I',. t::'~~ ~'~r..t,',. _, .,....,,<...,......;..:ftIt...."'. ~'I" ~\~.f('tl....!r....i.':W..,~.:'.,.,..~t . ~i:........1..,..,..,w4-'- . ........-4...,..~, . ... : ,/t ~. "';_~ ,~~_'r ,".....;..:.. .,..,;. "'..t'..; "', _:.{_ .U..-..,....,. ...' . ,:::.i:;~....:J;.;:..;.tl\.,~!,~'..:c;.-;;.O... is' ~~.:-:'. 2"7.'':':"-:,,. " --:: <r~'",,\> '., ,'1 ~'1'-:1.7/'~9.7.l'i.,.;,,:..L-'(~'::.f~ "-:.~"l" ~I',,'.'~" '.: &OOK ~. rAGE , ..' ,\. '~'. "',.' -':"":>t!~r.:.''l. 't",Pn." ...r. 111. ".,~.. ':!~~ ~1'~~~~~-i:j~>.:~:\~:>::i!::;~: ':. h-" .-~ .:". . .._~J~:~:...~~.~:;~~~~:~g(:11:;/.:.;;~~;f!;::..:~~ -: BUOGET AMENDMENT 79-77 TO APPROP~IATE rUNDS FOR REPLACEMEnt OF-STEEL IN COLLIER' COUNTY JAIL - ADOPTED IN THE AMOUNT OF $1.650 Commissioner Archer moved, seconded by Commissioner Wenzel and unanimously carried 5/0, that Budget Amendment 79-77, to appropriate funds for the replacemen1 of steel in the Collier County Jail, be adopted in the aount of $1,650. . . . . . . " " . . " ..': " " " * * " * . " " .- . . * * * * * ~~~~~~~~:.;1tJff~;". ~~4i~ "..,. .-.- - . ." . ~~.,t~.J',"""" ......w'if'....~~ ,,~;;';..I...,~.'. ',-:7._:..~':" ".' >....":.~ ",_ ., .1 "-~.'-~~"'..r..:-:"""""'''''''';''''-~~.l~..'.'''. '~'",..- .,....~..~ .......r..1.":.;~_~..,.,...~,~". .l,.'l-:n~r., ....~. "', ,.'...._.".~...j'f",,'._ w'~~}~~~~481l&279'~~~~:~'" .:,~:. .:.~;.'~;)};:~~.LiiFtj~1:979..;;.~~~~~t~ ~:~~~t~!~~:~~,~~.~q~~;.~; ~.'",:...-.:~_.>..:..:.: "':~'~::~~'.<,)f~~~tI~.!~3'~""~~:'~: . . ~ .' ~:;~~ FISCAL OFFICER PROVIDES STATUS WLPORT ON PREPARATION OF BUDGET FORMS FOR ,- ". FY 79-80; PROPOSED FISCAL POLICY TO BE REVIEWED BY Bee MAY 1. 1979 Fiscal Officer Harold Hall, in commenting on the budget preparation and forms. explained that this year "we will be reaping the benefits of last year's major conversion to the computer system" whereby each department will be supplied with a printout which will list the line items of their budget from the prior year with the actual expenditures from two years ago, the actual expenditurl from one year ago; the budget expenditures in this year; the amended budget for the current year; six months actual expenditures to date, with blank columns for each department head to add in the twelve month estimate, and, the budget request! for the coming year. He said that the forms can be used now; however. the written instructions will not be finalized until the fiscal pOlicy has been adoptE He commented that some of the department heads have begun working on their pre- budgets. and noted that due to some significant changes in budgeting procedures this year wherein the Clerk. Supervisor of Elect10ns, and the Sheriff will have to submitt their budget by June 1st, completed budgets will be received earlier this year. Referring to the proposed fiscal policy, Mr. Hall noted that the Commissioner have received copies for their review. whiCh. hopefully. can be brought back for approval in two weeks - May I, 1979. He said that he will be available to provide the Commissioners with information, as needed, and to answer questions pertaining to budget requests. He said that the proposed fiscal pOlicy contains several new items for the Board's consideration. resulting from the Commissioners' requests during the prior months, among them a place in the proposed annual budget to show the major capital projects, also. said Mr. Hall, built into the pOlicy is il very specific statement on departmental improvements and operating effiCiency. At Mr. Norman's request. continued Mr. Hall, the policy reflects a time schedule through the adoption of the budget October 1st to be used as a guideline. BOARD POLICY RE ADVISORY BOARDS & APPOINTMENTS - ADOPTED, AS MODIFIED Comnlissioner Wenzel, commenting that the proposed policy with regard to advisory boards and appointments thereto has been discussed and reviewed by staff, April 17. 1979 moved that the subject pOlicy ~e adopted. Commissioner Pistor seconded the motion. with the suggestion that the provisions with repsect to alternate mambCl not be deleted, among his reasons being the additional costs to petitioners if I matter cannot be acted upon due to the absence of a quorum. Commissioner Wenzel observed that it is his understanding that alternate members are not being dismissed, but rather phased out and that. if problems arise. the provision for alternate members can be reinstated. Commissioner Wimer moved that the policy be amended to reflect that indivic CommisSioners, rather than their making a~pofntments to such boards. they recomn nominees to the Board for appointment. He said that there are some advisory boa established by Special Acts which require that members be appointed by the Board Commissioner Pistor seconded the motion which carried unanimously 5/0. Commissioner Wenzel restated his motion that the proposed pOlicy, as amende be adopted. Commissioners Pistor and Archer seconded the motion which carried unanimously 5/0. * * * * * * * * * * * * . * * * * Commissioner Archer moved, seconded by .Comm1ss1on.~Wenz.l and carried, , , ~'.'" . . , . . 'i. .',. \ "r unanimousl~ 5/0, that the Board recommend that the Governor appoint the Board's Administrative Aide Mary Morgan as the County's public representative to the District IX Manpower Planning Advisory Board. RESOLUTION 79-54 AMENDING THE BCC PERSONNEL PRACTICES AND POLICIES BY ADOPTING NEW REGULATIONS RE ACCRUAL AND USE OF ANNUAL LEAVE AND SICK LEAVE - ADOPTED Commissioner Archer moved. seconded by Commissioner P1stor and carried unanimously 5/0, that Resolution 79-54 amending the Board of County Commissioners Personnel Practices and Policies by adopting new regulations governing the accrual and use of Annual Leave and Sfck'Leave, tentatively approved in Cor.ference Session April 3, 1979, be adopted. * * * * * * * * * * * * * * * * * * * * * * * * * ~ ~l~i'- - w~ ~ . .'., ...;~.~:.~ ~ '; '.:~~'. :r: , . .. . ~'ft ,,:,,:!.;,.ff.-:;;ly"?:'.""~;:;'~'~~~i.:.~:. __ ,~.. I " ':..;. ~ I ;;;..r:: ~"t 1 .~..""'U"~11lt...WI'.", ~......" ~~ :,......;r:..... .........._,f.i.~__ .' t .. :.A..,~ :"...... ~,.........: ,"~. . . . 01SJ."!'..",281.....iVi.....,.,.,.~~.,1;\~.~....r', .- .'''..,..:.iJ.:-...'.::;,.....~!~.<!. r~~~~~.'~~~'~, ~_. :j~~L, . ."<":'~ :.::,.;r~~;'~,~P.t.~*1;~l!:.~~!t;t;x::~~t~~;o::.~:"J'i";.'-. 7!;E;: '-"-" . ~.-:::'. ~,''''.-:-~-;;:.,..'t:,. . .." .. "'.:' .'",....... ~.' ~~'F""!\.;4,V.t~~'j;."':,r,;;;.'...-,~... ~'~\f:.".""'~~C.~~,,:...~7;S; ~..t':::;'";l_...~~-.-:-~ ;~'~e-.~;.:~.~.:- -.....;. ~..,-- ::.... or-.. -.", ,...., ".... ..'~~.:.l~t.,'..~~~."':J.:'...:~t'~:r~:'t~:~_~*).<: ~ ..'.,~:~,.."I..:~.~.:.:..-...,.:d_.*!'...... . C~AtRr-lAN AUTHORIZED TO SIGN BOND L~PERS FOR'APPOIHTEES" TlfTHE' IMHOI<ALEE WATEIVsit:ifR DISTRICT, AS FOLLOWS: SAM E. HEATH, RICHARD JOHNSON, NASH D. LLOYD, AND WILLIAM GERALD CRAWFORD Commissioner Archer moved, seconded by Commissioner P1stor and unanimously carried 5/0, that the Chairman be authorized to sign the Bond papers for the appointees to the Immokalee Water/Sewer District, as follows: 1. Sam E. Heath 2. Richard Johnson 3. Nash D. Lloyd 4. William Gerald Crawford . . . . . . . . . * . . * . * * * * * . . * .... . * . . April 17, 1979 CERTIFICATES OF CORRECTIONS TO lAX ROLLS. APPROVED FOR CHAIRMAN'S SIGNATURE Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously 5/0. that the fOllowing Certificates of Corrections to the Tax Rolls be approved. and that the Chairman be authorized to sign same: NOS. flAIl 1976 Tax Roll 331 4/11179 1977 Tax'Roll 423 3/09179 1978 Tax Roll 202 11/29178 256 12/8178 289-90 . 12/18178 291 12/14/78 431 2/27/79 436 3/12/79 437-40 3/13/79 442-43 3/14/79 444 3/16/79 . 445-47 3/15/79 448 3/16/79 449-50 3/19179 453-58 3/19/79 459-61 3/23/79 462-64 3/27/79 465 3/23/79 466 3/28/79 467-69 3/29/79 470 3/07/79 471-74 3/29/79 475 3/30/79 476 4/02/79 477-81 1/25/79 482-86 1215/78 487 12/4/78 488 11/29/78 489 11/30/78 490 11/29178 491 11/30/78 492-96 12/1/78 497 4/02/79 498-501 3/30/79 502-521 4/02/79 522 4/04/79 523-528 4/06/79 529 4/05/79 532 4/09/79 533 4/11/79 534-37 4/09/79 538-41 4/10179 542-44 4/17/79 in lieu of taxes, modeled on the Federal government's current practfce of remuneraf It is being requested, said 11rs. Morgan. that Collier County support such legislatl Commissioner Pistor moved, seconded by Commfss1oner Archer and unanimously carried 5/0, that Resolution 79-53 supporting the enactment of legislat1o~ by the State of Florida which would provide for payments-fn-lfeu of taxes for State-owned lands, be adopted. * * * * * * * * * * * * * * * * * * * * * * * * * * . ---- - : ;-'." ~~ii-e~. _ '. '. H' rM""~""-"lt.".!.'.."., .: . ,t . "~. ." ,~1.:j..~~':;r;~rt:\:~:.:.:'/~~~ " :::.. .., ~';"~~.lS~40..t~~~;,,,'~-:,!:~~1.:~~~~~'~'~,~"( ",., ."':'..l~ ,:.~ ,. ,..,.< ,.r . .., .., r"....~.f~,~.~'.. . ~1....jI'. ..1 .~.....,"; "...,t~..,-t'. ""'r~ -,.'Ji-'',) .<; ".'\"^,,,..}.~j'\~"-'''''I'''''' ...,..H."..~~..l.r :;:~'....~~:~.b(o. '4~:~'.\' Mg"." '.'-' ....' ,.:,:"r..:(;:.~.~...:j.,..~.f>.:':'~":-:":"'~:;::"~'u;.::_~,:. ';" ':...r:~':':'t'Trk: ~li::,~~iK~i:'~~'!'-i-~."'Gf ~~ .~ ".>r..;,. ..:, ..~,' I.:,~= ;'.::'::Apr~l '17~>:f919.':,'. . . .. ::~,~..t::,::i.';I,J"::'" ::-;'.i~"t~.:;!:,:-:~::..~:,.w::...:,...,...:._.,~ . '-.:: ~~;".~.':G~:.!.~:~s::.r.:'.''-.' l.,.,. :'~,:~"':'~(":-;~~ BOARD TO CONSIDER OPINION AUDIT RE AMERICAN AMBULANCE SERVICE IN SESSION MAY 1. 197 Administrative Aide to the Board Mary Morgan, referring to County Manager Norman's memorandum to the Board dated April 11, 1919, said that the information regarding the American Ambulance Service "Opinion Audit" has been received and that the matter will be scheduled for Board review on May 1. 1979 in Regular Session. UTILITY EASEMENTS RE WILLOUGHBY ACRES WATER AND SEWER IMPROVEMENTS (WITT. NIPPER. PEOPLES. ALBL AND MIDDLEKAUFF) . ACCEPTED. FOLLOWING RECORDATION Pursuant to action taken by the Board on April 3, 1979. wherein the Board approved the acceptance and expenditure of funds for the recording of all Utility Easements related to the Willoughby Acres Sewer Project, Utility Director Irving B~rzon submitted the fOllowing Easements, same haVing been recorded in the Official Records: 1. Elwood H. Witt, Sr., Trustee 2. Jackie Nipper and Karen J. Nipper 3. Phillip R. Peoples and Joan T. People~ 4. Cswald~. Albl and Val&r1a G. Albl 5. Clarence V. Middlekauff and Ethel S. Middlekauff . . . . . It . 'I\' It . 'I\' . . 'I\' 'I\' 'I\' 'I\' 'I\' 'I\' . TEMPORARY CONSTRUCTION EASEMENT, ELI AND VIRGINIA PANZARELLA, RE MARCO SEWER PHASE I IMPROVEMENTS - ACCEPTED. FOLLOWING RECORDATION Pursuant to action taken by the Soard on April 3, 1979, wherein the Board approved the acceptance and expenditure of funds for the recording of all Temporary Construction Easements for the Marco Sewer Phase I Improvements Project Utility Director Irving Berzon submitted the following Easement, same having been recorded in the Official Records: 1. Eli Panzarella and Virginia Panzarella * * * * * * . . * . * * * . * . * * * * * * * * * * Pursuant to action of the Board January 10, 1978 wherefn the Chairman was authorized to sign various deeds to Lake Trafford Memorial Gardens Cemetery lots as the need arises, the followfng Deed No. 187 was recorded and filed for the record: * * * * * * . * * * . * * . * * . . * * . . * * * * * .