BCC Minutes 05/16/1978 R
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Naples, Florida, May 16, 1978
I.ET IT DE REME~mERED, t.hat the Board of County Commissioners in
nne for the County of Collier, and also acting as the Governing BoardCs)
of such special districts as have been created according to law and
hllvill<J conducted busi.ness herein, met on this date at 9:00 A.M. in
Regular Session in Duild1ng "F" of the Courthouse Complex with the
follo\~ing members present:
CHAIRMAN: C. R. "Russ" Wimer
VICE-CIIAIRM1\N: John A. Pistor
Thomas P. Archer
Clifford Wenzel
David C. Brown
A1.S0 PRESENT: Wil1inm J. Reagan, Clerk; Harold L. Hall, Chief
Deputy Clcrk/~iBcnl Officer; Edna Drcnneman, Deputy Clerk; Donald A.
Pickl~orth, County Attornoy; Irving Borzon, Utility Director; Dr. Neno
Spll9nn, Director of Communit.y Dcvolopmant; Carl Clemmer, Zoning Dir.ector;
Cl i f ford Bilrksda Ie, Ass.i.stant County Engineer I Lee Layne, Planner; and
Deputy Chief Raymond Dllrnett, Shariff's Department.
AGENDA
JAM I. INVOCATION
II. PLEDGE OF A1.LEGIANCE
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II 1. APPROVAL or AGENDA
IV. APPROVA1. OF MINUTES: Mny 2, 1978
V. ADVERTISED PUf.!.IC llE"'HNGS
A. Petition R-78-3-C by tho Planning Dopnrtment for tho
rezoning portion of the Semi-Annual Review of the
Comprehensive Plan (Pickworth).
B. Request for vncntion of n portion of Chokoloskce
Dd ve (Berzon).
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14-18
c.
Petition V-78-9-C by G. T. Ford requesting n waiver
of 1,337 sq. ft. to allow the construction of n duplex
on Lot 21 and the El/2 of Lot 20, Dlock 10, Naples
Twin Lakes (Pickworth).
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D.
by IIarolet Heimbock requesting n
the 25' roar sethack fOT n storage
& 6, Nnplos Commercinl Conter
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21-23
Petition V-78-10-C
variance to delete
building ('Ill Lots 5
(Pich/ol.th) .
E. Petiti.on V-7f{-ll-C by Shirloy lIo11nnd requesting n sid~, PC'
yord setbnck of 4.2' varianco for a fireplaco on Lot 24-27
10, Block IS, Nnples Mnnor Lnk~s (Pickworth).
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May 1G, 1978
1. Propooal by City of Noplas ra screening and maintcnance of
same rc ~hlumsky nuilding.
Commissioner Wenzel moved, second~d by Commissioner pistor and
cilrried unnnimouoly 5/0, that tha agenda be approvcd with the abovc-
mentioned additiono, ~nd the following Additions/Delations:
ADDITIONS AND DELETIONS
Nay 16, 1978
ADDITIONS
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V. AnVER~J_:~PUBI~f ilEA_RINGS
G. Propo5cd Ordinance creoting the Marco Island Lighting
District--dcferrecl from May 9, 1978 (Hall).,
VI. OLD nLISINESS
A. Requcst for npprovnl of sale of damnged Generator.
VII. STAFF nEPORT
A. Authorizat:i.on to Adve;rtise
2. Typop,rophi< .11 el"ror--should road "for Lots 6-22
nnd 20 29..39".
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VI I. STAFF'REPORT
DELET! ONS
I. Travel RuqllC5t for Civil Defenso Director (Borzon).
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May 16, 1978
MINU1~S OF ~~y 2, 19~0 - APPROVED AS CORR~CTEDI MINUTES OF SPECIAL
~lE;:;TING OF MAY 3, 1970 - APP)(OVED AS SUnMI'l'T~D
Commisnioner Archer requested that tha following correction be
made to the minutes of the May 2, 1978 meeting:
Bonk 4l - pagr 555 - 1.ines 5 and 6 - corrected to read "Maloney
rend into the record l\ let,ter to Mr. Woinfeld from Mr. Spagna
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Commissioner Archer moved, seconded by Commissioner Wen?el and
carried l'nilnimol1sly 5/0, that the minutes of May 2, 1978 meetin';J be
approved as corrected, and that the minutes of the Special Meeting
helel Mny 3, 19'/8 be approved as sllumitc.ed.
OHDTNI\NCI, 78-21 RE I'E'7'I'I'ION R-78-3-C BY THE PLANNING DEPARTMENT FOR
TilE HE:l.ONING POHTION OF TilE BEMI-ANNUAL REVIEW OF TilE COMPREHENSIVE
P:,I\N - I\DOP'l'ED NITII DELE'rION OF REZONING I.OT S4, BLOCK A, ROCK CREEK
TEHRI\CE ~ROM "HM-l" '1'0 "GHC"
Legal notice having been published in tho Naples Daily NeWB On
I\pril 14, 1978 nD evidenced by Affidavit of Publication filed with
the C.1erk, public hcnring was held to consider II proposed ordinance
regarding Peti.tion R-78-3-C by the Plnnning Department for th'~
rezoning portion of the Semi-Annual Review of the Comprehensive Plan.
Dr. Nono 5pagnn, Dircct~r of Community Development, stated that
there were five different items which were considered by the Coastal
Arca Planning Commission at their regular ~p.eting hetd May 4, 1978
which, he said, he would address individually and provide the Boord
with the recommendations of staff and the CA?C.
"ST" Arcos
Dr. Spagna located the 15 parcels of land under considaration
for removal from the "ST" designation on the map display, stating
thnt they llrc primnrily in the Goldan Gato Estates area. lie
sllid the pllrcels have been reviewed by Dr. Jay IIarmic, Environ-
'mental Consultant, prior to submission to tho CAPC and that it
was tlleir combined opinion that the areas havo changed sufficiently
since \:lit' original plllcement of the "s'r" on them that they no
longel: merit b~ing 50 dC'siqnl1ted. Dr. Spagnll noted that tlwrc
were no per~on!l ill .:lttendnnul at tho CAPC hoarin<J who objected
to the rcmoval of the proper.ties from thc "S'f" desiyniltioll llnd
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May lG, 1978
it in the recommendntion that tha proper.ties, as lagally der:;cribed
in the proposed ordinllnce, be removed from "ST" zoning.
Commissioner Brown moved, seconded by Commissioner Wenzel and
carried by uni'lnimollG vote 5/0, thnt the recommendation by staff
ond CAPC be i1cceptcc1 regarding the removal of certain designated
propert ion from "S~," zoning.
.!.~:..7.onlng~,ot .?~~o_cl< A, Rock Creek Tcrn..:a, from "RM-l" to "GRC"
D~. Spn~na explained that the property in question is adjacent to
the property bein'] pcli. U,oned for rezoning by thG colliar County
Education Association for thA purpose of locating their office.
Since the School DOilrd has not bl'on able to go through with their
request to have the pt'operty H!7.0nCU, it is recommended that this
section of the proposed ordinoJnce be deleted, said Dr. Spagna.
comminsioner Archer moved, necondCld by Commissioner Wanzcl and
unnnimously carried 5/0, that the rezoning of Lot 54, Block A,
Hock Creek Terrace, from "ml-l" to "GHC" be deleted frC'm the
proposed ordinance.
RU7.oning [rom "RM-IA" to "GHC" the East 50' ?f the West 200' of
the North 1/2 of Lot 02, NICLF'
Dr. Spilgn;l cxplilined that this rezoning matter is corrective
neU on due to the fact that this portion of Lot 82, NICLF, was
inadvertently omitted when the other portions of the property
wcn~ recently rezoneJ. lie snid that tl.:, propClrt,y is prC!sently
nn "HN"lA" p,ln::el nlHTOUntkc1 by "GHC" LInd it is the recommendation
that U'0 pi'll'col he l.'o7,onecl to "GHC".
A ll"!tter of opf'osi t.i on to the proposed rezoni.ng was received from
cJy~o i'ln~ C~thel.'ina MeFry, Cl.'eeCll Rond resident, Hnd filed for the
rt,cord.
Commissioner \-lenzcl moved, sr:l<::ondcd by Commissioner Pistol' and
unanimously cnrd cd 5/0, thnt the recommendation of staff and
the CAPe be accepted regarding the rezoning of a portion of I..ot
02, NICLF, from "HH-lA" to "GHC".
Rezoning from "A" to "E" that area known as St. Clair Shores
Dr. Spngnn said thnt this request for rezoning was originated
by petition from the properly OImClrs in St. Clair Shoras and,
following review by the CAPC and by staff, it was faIt thnt
becduse of the growth which has taken ploca in the surrounding
;'\reil nnd, also, becoJuse the properties lie south of the Golden
Gate Estntes, presently zoned "E" Estates, the property in
question should be rezoned to "E". He said that the land ill
no 10ngcr considered prime agricultural land and merits such
rczoning. Hc ac1(kd that certain agricultural acti vi ties and
keepin~ of animoJls would be permitted under the new zoning.
Lcngthy dincllssion followed concarning the permitted uses of
the lnnd ,'\.f the rezoning is approved, tho usas \~hich could be
"grandfathcred" in, and the like.
~Is. netle CIl"!m, St. Clair Shorcs resi.dent, spoke in opposition
to thc rezonin<] of the properties, among her reilsons being that
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May 16, 1978
i~ could ponsibly caUGe an increase in the numbar of guest hou6es
which, if rented, cOllld degrade the area.
Mrs. Hobert Lukacs, Sr., area property owner and re3ident, stated
that she fnvor~; re7.oning f0r the reason that it would upgrade
the affected arail and the County as a whole.
Mr. Robert Wolfe, resident, offered no comments other than to
state that he supports re7.oning.
Mr. Clnude Wimer, Sr., ll70 St. Clair Shores Road, declined to
spcilk stating that a previous speaker had oxpr~Bsed his reasons
for supporting r('zonin~J. Mrs. Claude Wlmer, Sr., noted that
under cxisting zoning it is possible to build only one house on
fivc acres of land Clnd t1wt many of the property o'",nors would
1 ike mOl"e use fOl" their Illnd.
Mr. Jilck Modesitt, resident, stated that some persons moved to
the i1rea for the express purpose of rdising animals; however, he
Sllid there were more personfl who moved there in order to have a
home [or themselves and, possibly, their children or for the
pu'-por'c of subcli"itling the propertieo. lIa recalled that in 196C
it was possible to build twenty houses on fiva acres. Since then
he contin\led, the density wns reduced to one house. He commented
thClt so many things have been taken away from the property owners
that possibly they should now have some "ri~hts" considered. He
also notcd the fact that there nre persons on San Marcos Boulevard
who object to the rezoning [or the reason that their properties
may at. somc futlll"C time be rezoned which Mr. Modesitt said is not
a valid cxcuse [or opposing the rczoning under consideration The
speaker alno otilted that there arc twenty-four parcels on tna
street and Lhilt there ar~ only eight property owners who wish to
prevent rczoning.
Further discussion follOl~ecl concerning whether or not ani.r:mls
other thiln horses will be allowod in the Estates area with Com-
misoioner Pistol' suggesting that further consideration be given
to Zoning Director Cal'l Clemmer I s memorandum regarding livestock
llS it pertains to the zoning laws.
Mrs. Eloioc Modesitt, St. Clair Shores resident, voiced her sup-
port of the proposed rezoning of the St. Clair Shores area.
The following lcttero in favor of rezoning St. Clair Shores were
filed for the rccord:
Robert A. Wolfc - 829 St. Clair Shores Rd.
Clnude R. Wimer, Sr. - St. Clair Shoras Rd.
Mr. nnd Mrs. C. J. Modcsitt - 771 St. Clair Shores Rd.
lInthony Novello - St. Clair Shores Rd.
Kathlt,cn 11. Wolfe lInd Leon K. Harker - Residents of
property within 300 feet of St. Clair Shores Road
Mr. nn1 Mrs. John Salle - 1228 San Marcos Dlvd.
Mr. and Mrs. Paul E. Ziegler - GOO San Marcos Blvd. (Also
rcquesting rezoning of San Marcos Dlvd.)
Nr. nnc1 Ilrf1. .John II. Ziegler - 580 San Marcos Dlvcl. (1\190
requcsting rezoning of San Mnrco~ Ulvd.)
Stephen E. h'illL1m:<; - 880 Snn Marcos Dlvd.
Jim IValsh, Jr., nntl Ml". a.nd Mrn. James Walnh, Sr. - San MnrcoG
nlvd.
J. Arvoy - Tract '21 St. Clair Shores Estates property owner
llob and Rose l.ukncs -,',971 St. Clair ShOl'es Rd.
Thomao A. Provenzano - San .Marcos Dlvd. Property owner
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May 16, 1!J70
Curti~ & Nell Ogden - 1:70 St. Clair Sho~es Rd.
Cnrl PittlJ - 11\70 St. C1nir Shores Rd.
Mr. and Mrs. Ralph Willinms - 1328 St. Clair Shores Rd.
1,1r8. Chill:lns Schimpf - 629 St. Clair Shores ROdd
Arthur L. (, Ruth ~1. Mann - property ownars
John Kumicich - St. Clair Shoreo Road property owner
The following letter opposing tho rezoning of,St. Cla~r Shores
\,'as filed [or the record:
Ruby Barginer - ll\70 San Milrcoo Blvd.
Commissioner Pintar moved that the staff recommendation' re rezoning of
St. Clair Shorcs Rond be npprovod, rezoning same from "A" to "E-Estatcs
and that the staff be directed to give consideratiQn to the rezoning of
Siln Marcos Dlvd. as soon as possible. The motion carried 4/1 with
Commissioner Archer voting in opposition.
Commissioner Archer voiced concern OV0r whethor or not the actions
being laken on the petition are proper due to the fact that there is
an ordinancc on the books which cdl1s for a 4/5 vote on all rezon.lng
mattern rather thlln a simpJ,e ma10rity vote by th~ Commissioners
votlnq. It was pointed out by Chairman Nimar that when a final vote
is taken on the proposed ordinance it will require a 4/5 vote. Ccunty
Attorney Pickworth added that the Board can accept tha recommendations
of the stilff bllt that ultimately I-here! will have to be a mtijority vote
of 1\/5 on the proposcd ordinance, noting that such acceptance of
rccommendiltion9 docs not constitue the ordinanca.
Rezoni.ng of Trac.t: Il, Unit 1, Marco Deach SubdiviE:.ion from "I~-2"
to "no"
Dr. Spllgnil cxplain<,d that the rezoning request is to permit the
present [ncilities of the Marco island Yacht Club to remain and
to continu3 but to eliminate the possibility of the site evar
boing used for multi-residcntinJ. devolopment. The change is
n~commen<1ed by both tho Coastal Area Planning Ccmmission and
st~ff. Commissioner Pistor inquired if thare were any objections
to the> re>'7,on i nq hy the property OImers with Dr. Spagna responding
tlM L :"hcy a L I lWlll!u the public hearings and voiced no opposition.
1\ letter from Edward II. and Jessie II. Wagner, owners of property
witllin 300 feet of the subject tract, was filcd for the racord
stating that they have no objections to the rezoning.
A l~~tcr from PRlestine Hass, property owner of a parcel of
property subject to rezoning, was receivad and filed for the
recor~ which stated thnt the notice regarding the public
hearing did not provide sufficient information for him to voice
nn opinion.
Commissioner Wenzel moved to accept the staff recommendation
to rezonn Trilct D, Unit 1, Marco Bench Subdivision from "RM-2"
to "no". The motion was seconded by Commissioner Pistor and
carried unanimously 5/0.
There being no further persons ragistered to speak regal"ding
Peti':ion n-70-3"C, Commissioner Wenzol moved, seconded by Commissioner
Pistor anu curried ununimously 5/0, that the publ~c hcaring be closed.
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May 16, 1!)'lO
CornmiSf ioner. Wen/.el mo\'ec1 for approval of Item 1 of Petition
R-78-3-C rcmoving certain described properties from "ST" designation,
as recommended by staff. Commissioncr Plstor seconded the motion
which curried by unanimo"s vote of 5/0.
Following Chair.man Wimer's commcnt that since Item 2 of Petition
R-78-3-C conccrning the rczoning of Lot 54, Block A, Rock Creek Terrace,
from "RN-l" to "GHe" hao been deleted, Commissioner Wenzal moved for
npprovill of Item 3 of Petition n-78-3-C rc~oning the East 50' of the
\Vest 200' of the North 1/2 of Lot 82, NICLF, as recommended by staff.
'1'l1u motion was seconded by Commissioner Pistor and carried unanimously
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Commiooioncr \%nzcl movcd for approval of Item 4 of Petition
R-78-3-C to rczonc from "A" to "E" that area known as St. Clair
Shores, "H recommcndcd by staff, and as contained in the petition
from thc property owncro. Commissioner 1\rcher requestad that the
motion include a direction to the staff that the provisions
conccrning nnimals in a 5-acrc and a 2~-acre tract ba reviewad,
clllriCcct, and brought back to the Board. Comminsioner Wenzel
agrccd to lImending the motion; however, he withdrew the motion
to pcrmit further diflcussion. Commissi'Jner Pistor stated that,
in his opinion, rezoning Cdnnot bc approved with qualifications.
Hc said that the nOilrd can approve the rezoning and make a separate
motion to rCCJucst thc stilff to investigate that part of the "E-
EsLates" zoni:1C) with respect to the memorandum from Mr. Clemmer
stilting that the situation regarding livastock should be clarified.
It was Commissioncr ^rcher's suggestion that the rezoning be
approved and that thc animal requirements of the zoning classifi-
cation ba waived for those individuals wishing to maintain a
f1vc-ocre cstate tllcreby pcrmitting such persons to replace animals
which arc butchered, in the event that further investigation results
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May 16, 1978
in il I'egntive ..ecommendntion by ::taff. Chairman Wimer said
that the mntter would havp to be handled by saparate motion.
Commissioner A1.chl"r said that he is 1n favor of tha razoning
but not under the condition- certain rC'!sidents. would be placed
under.
Commis5ioncr l'Ienzcl moved for Ilpproval of rezoning from "1\"
to "E-Estnt.es" that arca known 11S St. Clair Shores, as con~,ained
in Petition R-7B-3-C, as recommendcd by staff, and as requested
by peti tion from the property OIvners. Commissioner Pistor
oeconcled the motion which c11rried 4/1 with Commissioner Archar
voting in the negilU,ve.
Cummissioner Pistol." movud that the matter with respect to the
tYPe! of livcstock that cun be milil\t11ined in an "E-Eotates" aroa ba
further inve5Ligat,ccl iJnd clar.ified at the earliest convenience of
the PlilllninC} anlI Zoning Stilf[fl. Commissioner Wenzel seconded the
motion which c,'rried 4/1 "lith COlmnissioner 1\rchar voting in the
ncgiltivc.
Commissioner Wenzel moved for approval of Item 5 of Patition
R-7B-3-C rezoning Trnct D, Unit 1, Marco Beach Subdivision, from
"RJ.I-7." to "RO-Recrention Open Space", as rl:Jcommcnded by staff. The
motion WilS seconded by Commir;sioncr Brown and carried unanim("lus1y
5/0; whcreupon the ordinance as numberc.,l and titled below was
adopted and entered in Ordin11nce nook B:
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ORDIlIANCE 78- ~
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C'Y)
AN OH:nNAi ~E NlENDING ORDINANCE 76-30 TilE
COHPI~EIIENSIVE ZONING ImCllLA'fIONS FOR TIIl~ UN-
INC01U'OlWfED AREA OF TilE COASTAL MU~A PLANNING
DISTR ICT DY REt,;oV J./W "ST" SPECIAL TRI::ATI1t::NT
OVEIlLA Y FHOl-l AlmAS IN GOLDEN GATE ESTATES'
BY,:ADJUSTING TlH~ "ST" IN S~CTION 11 1'I,9S'
~R~;~; HY REZONING E 50' of W 200' 01 N l/~
;:,:I.O'f.: 82 NIGLF Fl~ml RH-l^ TO GRC; BY REZONING
1~:S'f~': CLAIR SHORES FROM A-AGRICUI.TURF. TO E-FSTA'n'S'
", BY REZONING NAI{CO YACHT CLlm SITE l~RON RM-'2 "
~: 'fO ~RO-lmCREATION OPEN SPACE AND BY PROVIDING AN
:: EFD~CTlVE DATE.
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May 1G, 19.,0
Commissioner Pistor moved, seconded by Commissioner Wenzel and
~nrried ullDnimously 5/0, thdt the staff be requested to investigate
th~ rezoning of San Mnrcos Boulevard in ordur to make it conform
with tho l;urroundinC) zoning.
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RECESS:
lO:15 1\.M. until 10:25 A.M.
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RESOLUTION R-78-79 RE VACATION OF A PORTION OF CHOl<OT_OSKEE DRIVE _
ADOPTED; QUITCLAIM DEED FROM COUNTY TO PETITIONERS 1\PPROVED F0R
CIlAIP/'lAN'S SIGNATURE
Legal notice having been published in the Naples Daily News on
M~y l, ]978 as cvider_cd by 1\ffidavit of Publication filed with the
cl~rk, publie hearing w~s held to consider A proposed resolution
reqnrdinC) a Petition to Vacate a Portion of a Public Road, namely
II Elmnll portion of the County l:olld known liS Chokoloskce Drive, on
Chokoloskee Island, said portion shewn shaded in red on Exhibit A
of tho Petition suhmitted by George C. lInd Frances B. Calder.
Utility Director Irving Barzon said that the Petition was
revieH~d by the Water Management Advisory Board and by the Enginaering
Deportment and that both groups recommend approval of the vacation
in question.
There h~in~ no persons registered to speak regarding tha
petition, Commissioner Wenzcl moved, seconded ~y Commissioner Pistor
llnd carried unanimously 5/0, that the public hearing be closed.
Commissioner Archer 'moved, sccondad by Commissionor t~anzel and
unanimously carried 5/0, that Resolution R-78-79 ragarding petition
for the vacDtion of a portion of Choko10skeo Drive, Chokoloskce
Island, be adopted, and that the Chairman bo authorizad to execute
the Quitclaim Deed re same.
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May 16, 1no
I1ESOr.tJ'l'ION 11-70-00 I1E PE'rITION V'.78-9-C BY G. T. FOnD REQUES'l'ING
1\ \vA1VEI1 OF 1,337 SQU.'\l1E FEET TO PEPJlIT TilE CONSTnUCTION OF 1\
DUPLEX ON LO'1' 21 nr.OCK 1 C, NAPLES 'I":'lIN LAKES - 1\DOPTED
l,eg<1l notice having been published in the Naplos Daily News on
April 20, 1970 as evidenccd by Afficnvit of Publication filed with
the Clerk, public hearing was open~d to consider a proposed resolution
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regilrding Petition V-78-9-C by G. ~. Ford requesting a waiver of
1,337 squnre feet to permit the co~struction of a duplox on Lot ~l
llnel II portion of Lot 20, Block 10, ~:aplas Twin Lakes.
~oning Director Carl Clen~cr explained that the petitioncr owns
the property in question, Hhich contains 11,678 squllre feet, 0"1
which he \dshes to construct n duple>: cvnsisting of 2, SOD square
feet of living arba. The subject property is located in an a~~a
of cl'lplexefl said Mr. Clemmer and it is the opinion of the staff
that th~ grnnting of the petition ,",'ill not confer any spacial
privileges; that it will be in har~~ny with the goneral intent
nnel purpoflc of the zoning ordinance: not injurious to the ne.igh-
bOl~hood, or otherwise detr imcnt.r11 to tho public welfare; anc:'.
recommends the granting of same.
There being no persons registered to speak on the matter,
commissione:.. Wenzel moved, secondec by Commissioner Archer and
carried by a unanimous vote of 5/0, that the public hearing be
clob~d.
Com~issioner Archer moved, seconded by Commissione~ Wenzel and
carried unan~mously 5/0, that Resolution R-7B-BO re Petition
V-78-9-C by G. ~. Ford requesting a waivar of 1,337 square feet to
allo\~ the construction of a uuplc>: on Lot 21 and a portion of Lot
20. Dlock 10, Naples Twin Lakes, be adoptad.
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May 16, 1979
R~SOr.uTTON R-70-81 RB PETl'l'ION V-70-) O-C BY H1\ROLD HEIMDECK
HEQUES'1'ING A VMlIl\NCE '1") DBI.E'l'E TilE 25' REAR SETDACK FOR A
STOR/.GPo nUILDING ON LOTS 5 AND' b, NAPLES COMMERCIl\r. CENTER _
ADOPTED
Legal notice hilving been pu~lishod in tho Naplcs Daily News
on April 20, 1970 no evidenced by Affidavit of Publication filed
wi th the Clerk, publJ.c h'JnrinCJ was held to consider a proposec'l
recolution regarding Petitioll V-70-10-C by Harold Heimbeck
requnoting a variance to delete the 25' rear setback for a
r.tOJ"i1ge buildlng on Loto 5 and G, Hnplea CommArcial Centor.
Zoning Oiroctor Cnrl Clemmer explained that the owner of the
propr.rty lenses the properly to a used car denIar who needs a
building for maintenance purpose~ and, due to limited spaco, a
vnrianr:c of 25' i5 l1ecdcrl. Ilr. Clemmer said that, in viowing the
property, it W,15 found that several buildings in the immedil'\te area
frOllt.:. on the illley pl-,Jpel:l:y line /lnd, also, that the business appears
to be opernle~ in n satisfactory mnnner free of proliferation of
debrin, Commissioner Pi!ltor inquired nbout the opinion of the
Mljilcent property OImers regarding the varianca with /.11". Clemmer
respc ,ling thilt they hilve no objection.
of Lhe vnriilncc.
~lr. George Artner, lessee, voiced his Support of the granting
There being no further p<,rsons registered to speak, Commissioner
t~cnzel moved, seconded by Commiscioner Archer and carried unanimously
510, thnt the public hearing b0 r.l05cd.
Commissioner Archer commented that a roofing contractor in the
subject 111'0.:1 h.:1::l been placing debl"is in his dcivewny thareby raising
the clc:vntion and permitting runoff into other busincsses during
rainy periods nnd quc::ll:i.oned if there is anything that Clln bo done
tm.'-Jrd rosolving the problem. 1-11". Clemmer l"cplied that the roofer
in quC'::ition has moved; however, some of hia materinl is stored on
the property. Ile also poinl-,ed out that tha propal'ty involvod is
.
.1
May 16, 1970
County property. Commissionar Archer recommcnded that the County
have tho pr0~erty cloJned up 8nd charged to tho rosponsibla party.
Mr. Clemmer recalled that a policy has boen established whoreby a
private controctor would have to be amployed rather than stoff
personnel and, at Commis~ioner Archer's direction, Mr. Clemmer said
"
thllt he \~ill bring a recommendation back to tho Board for
consideration on how to handle the problem.
Commissioner \'Ienzel Inoved, seconded by Commissioner 1\rchor and
carried llnanimouGly 510, that Rcsolution R-78-81 regarding Petition
V-78-l0-C by Ilarl)ld :leimbeck requesting a variance to delet.e the 25'
rear setback for a storage building on Lots 5 and 6, Naples Commercial
Center, be adopted.
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~JCK 042 'ACE. 22
May 16, 1978
PUBLIC JlEARING m~ PETI'rrON V-78-11-C BY SUIRLEY 1I0LLl\ND m:QUES'rING
1\ ,<:IDE YEAR,) SE'r1MCK OF ".7.' "ARJANt:E FOR 1\ FIREPLACE ON J.O'f 10,
BLOCK IS, NAPLES MANOR LAKES - CONTINUED UNTIL MAY 23, 1978
Legal notice hnving becn published in the Naples Daily News on
April 20, 1970 as evidenced by 1\ffidavit of Publication filed with
the Clerk, public hearing wao opened to consider petitlon V-70-II-c
by Shirley Jlolland rcquenling a sida yard setback variance of 4.2'
for a fircplilcc on Lot 10, Block 15, Naplas Manor r.kas.'
7.oning Director Carl Clemmer advisad that tho cncroachmcnt has
been ciluscd by a formcr owner building a fireplaco and chimnay und
in order for the prospective buyer to get financing approval a
variance from the County is required. Mr. Clemmer said that it is
the nta[f recommendation that the varianco be approved; however, he
added thilt there is nothing in the records showing that a building
permit WilS ever issued for tho chimnay, noting that it is possible
that it WilS a part of the original plan when tha building was approved.
Commissioner \'lenzel suggested that an after-tha-fact building
permit would have to be obtained prior to granting a variance with
l-lr. Clemmer concurring \dth the Commissioner's statement. County
Attorney PiCKworth commented that, in his opinion, requasting an
nfter-the-fact building permit of tho former owne::-, who is no longer
involved, would be unrcanonable, and, secondly, a varianca would
have to bo obtained before a building pormit is issu~d, noting that
the building permit should be denied dua to the ancroachmant.
During the disClls!:Jion which followed,' Convnissioner Pistor statcd
that ha is not in favor of granting a variance which has so many
questionable features about it and suggested ~hQt the mattcr be checked
with the petitioncr to ascertain if he can show any record of a building
permit for the fireplace. If not, said the Commifisionar, a (letcrminatior,
C"\I1 be mndc .:15 to thc next coursa of action.
"~...
May lG, 197B
Commi.snioncr P15tor moved, seconded by CommiDsioner l'lonzel and
carried by a unanimous voto of 5/0, that the public hearing regarding
Petition V-70-l1-C be continued until May 23, 1978.
Chairman Wimer directed the staff to contact the petitioner and
hnve him nttend the meeting of May 23, 197B. ,
SlJPPLE~IEN'1'AL nUDGE'!' FOR FISCAL YEAR }977-7B - 1\DOPTED
Lcgal notice hilving been publishcd in the Naples ~aily News on
May U, 1970 as evidenced by Affidavit of Publication filed with tha
Clerk, publi~ hearing was held to consider the adoption of the
Supplemental Budget 1977-78.
Fi5cn1 Officer IInr01d !lnl1 exp1ainad that the purpose of the
heni. .dlg was to consider the Supplc:nenta1 Dudget for 1977.-78 to be
lld<le(] to the previous ly-upproved 1977 -7 B Budget. Mr. Hall sold tha t
the Cirst three items list(~d on the Supplemental Dudget are projects
which wc're in procenn nt the end of the previous fiscal year and
continllcu into the current fisc,'\1 year and, therefore, the funds
were carried ovel:'. He silid thl't it is necessary to appropriate
those fundn for the completion of thosa projects.
cont.inuing, Mr. /JaIl said that the fourth item listed, namely
Specinl Roau Improvements, covers the work expected to be completed
in this rC'gard which is expected to total approximately $300,000.
lIe snid that there is $160,000 in the subject funds which can be
used and it is recommended that $140,000 be borrowed to supplement
the fund and added to t.he current budget during this fiscal year.
lIe said th,'lt. the next five items listed are for the five J.lSTD units
and the Pl"oposnl is (0r funding in accordnnce with the 1\pril 11,
1978 prop0ged expnnsion progrnm as approved by the Board to proceed
with the pilving of certain rO<1Cls in the sacond year program at tha
CUrl"Cnt timo. 'l'he funding for thase projocts will come from loans
noc~ C12 ,m...23
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BOCK O~2 mE ,.24 '
May 16, 1978
and added to 'he curre~t budget.
Nr. IInll said that, in nddition to tho publishing of tha
Sllm!llary of the SuplC'mental nudget as required pursuant to Chapter
l29 of the Floridll Statutes, additional information was furnished
in the I1dvertis(lnlent in order for the public to hava a better
feal for the reason for the expenditures. Further, said Mr. Hall,
in addition to thc summary, thnrc is n listing of spaeif{c
llccounts to be nmended by the Suppl(')mantal Dl1dget wllich is availabla
to the ('ommission~rs.
In response to COllnty .'\tlorney Plck\~orth, Hr. Hall said that
the carryovor listed on the f.lummary is the fund balance from each of
the sr~ci.fic funds, none of which has to do with the Genoral Fund,
and added that the Supplemelltal Budget has no impact whatsoever on ,
the Gcneral Fund.
Mr. I. E. Evans, Marco Island Taxpayors' Association, observed
th,1t presulllclbly there is going to be 100i mora work being dona on
the rOll~S in District l, of which Marco Island is a part, than was
contemplated in the budget, approximately three times what was actually
spent in the first six months of the fiscal year. He quastioned where
tl.e \Vork \ViII be done \dth Chairman l'limer noting that the Enginaering
Departmcnt c~n supply him with the information raque~ted. Chairman
l'Jimer said that the \Vork will be basad on the needs throughout the
Count".
To further clarify the mattar, Hr. Hali explained that tho
Supplcmental Dudget adds the second year's WuL"k into tho first year
\
and paid' for by il loan. lie said there \~ill be no additional taxes
during tha current year and probably the sama amount of taxes the
next yeat" <'II> thero \~ero the current year. Mr. lIall said that tho
work iR beinCJ moved up one year because of I:he bad condition of tha
rc.,ad::;~ hO\~cver, it will be paid for under the long-term plan.
COnlIlIinsioner Pist:or po.l.ntccl out that tho staff has advised that
consideJ:nl.Jlc l11onoy on construction \,1111 bo !Javed by making the move
"
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May 16, 1978
at this time dua Lo the rapid incre~nB in costs of material, and tho
like.
Commissioner Wenzel moved, secondad by Commissioner Drown and
carried unanimounly 5/0, that Lho public hearing bo closed.
Commissioner ^rcher moved for the adoption of tho Supplemental
n',ldCJct 1977-70. TIlC' moti.on was sccondad by Commissionor BrONn and
carr.ied by a 5/0 unanimous vote.
BOARD OF COUNTY COMMISSIONERS
COLLIElt COUNTY. FLORIDA
SUPPL~~lliNTAL BUDGET 1977 - 78
May 16, 1978
~LlNT
To .( Incrc,"l.se) : " ", ,
, 0 & M Expct1'sC' (06 321100 2040) . ,
Beach Access..:Handicappcd: ' (19 210100 lW12)
Bil<e Paths 19,410102 ,/1010
Courthouse ~nrkin6 2'1 11101:00 /1011
Rond Construction " . 34,/n0200 /1010
Const.ructioll Dist Ifl.:' 37 410201,.11010
Construct.ton Dist 1.'2 37 410202 11010
Construction Distil':!' 37 41020':! 4eno
Construction - Dint "114, 37 1110204 11010
Construction Dist.115, 37' 1Il020S /1010
. ,
,.
, NI,OUNT
. .$ '37,000. 00
1,150.00
" 28,850:00
. . "30,000. <;>0
. 300,000.00
. 81,000.00'
.. 7"85',$00":00
" ''',58,500.00
. '21,600.00
, ,t lJl,,8So-,: 00
" ('685,115~.00,
From
(Source of 'Funds):
Co.sh CCl.rryovcr
Co..:;h Carryover
Cash Carryover
C.nsh Carryovcr
Principtil ' '
Loan-lnt Bank Imm. '
'li~~~gg ggff'~46j . $i. 37,000.00
, 'h 30,000:00
: 1999000021'2, "'~O,OOO.OO
" . 199900 00311 311 ' , 160 000 00
.", 132101 Ob34 34 .. . . 1110: 000: 00
, 193100 003,7 37 " - ;~88',1150:'00
" "$ 685.1150.00
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May 16, 1970
OI'.DIN^NCE 78-22 CREATING TIm W,RCO ISLAND LIClITING MUNICII'lIL SIWVICE
TAXING DISTRICT - AOOPTED
Legal notices hnving been published in the Naples Daily News on
April 17, 1970, IlnO in the Marco Island Eagle on April 20, 1970 as
evidenced by ^ffidavits of Publication previously filed with the
Clerk, public henrin9 was continu=d from May 9, 1978 to consi,der tha
ndoption of n proposed ordinance creating the Marco Islnnd Lighting
Municipnl Scrvicc Taxing District.
Fiscnl Officer Harold Hall said that the additions to the
draft of the proposed ordinance \-:hich were requested by the Doard,
reQuIting from the public hearing of May 9, 1979, have been includcd
in the proposed ordinance; namely, a section has been added to
provide for the exponsion for the District through an amendment to
the ordinance, and, secondly, a section has been added providing
Ul,1t the co"t;; for the cli!ltrict created by tho ordinance will be
paid by th~ Collier County Lighting District through September 30, 1978.
~lr. I,eo V. Tink hum, Mil reo I sland Taxpayers' Association, C'xpressed
concern over the foct thnt the pro~osed ordinance docs not provida
any automatic method of adding additional lights on Marco Island, if
desired. He said the ordinance, as written, would require further
public hearings and the like. Co~-issioner Pistor explained that
the procedure outlined hns beon effective over the years and that
if therc nre olJjections to lighting certain areas, for instanca
streetn on which thero are r.o persons living, by means of a referendum
or petition, such objections can be considered.
1\ further concern expressed b:: Hr. Tinkham was the possible
violation of the Statp Statutes i~asmuch as the proposad ordinance
provides for the funding of the n0'.... district to ba formed to be
from the Collier County Lighting District budget, noting that it is
his umlcrst'1ndlng that the funds of a special taxinCJ district must be
spent in th<lt di::;trict.
BO~K 042 ~ACE_ 27
I ~UIB'S MEMOr LeIlbUI17
~dIIf. 17Pln, or PrI.a"n<<
=~.. ~ dOCUlften\.
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042 rAC€.,'28 ..
May J6, 1978
l-lr. Jlall explained that tl1.:-ra wera ~evQrD.l different npproachos
wllich could bc tnkcn. IIc said that any time a budget for any typa
of serviceD paid through nd valorem taxcs is established there are
some question~ of effective dates, starting dates of services, and
the like. In gencral, said Mr. Hall, the accapted approlch is to
establish a budget on Octob(~r 1st and that tht! budget be funded through
taxes levied, based upon evaluation as ,,~ January Jst of tha same year.
It "'ilS felt, continued 11r. IInll, thl1t the matt:ar might be como a "little
hazy" if iln attempt Wil9 made to usa October 1st as the affectiva date
since it in pant the July 1st dnte required for millaga certification
and pant the 30 days following the adjournment of the Preperty
Appriliscr's Tax Adjustment Doard. Mr. Hall said that, in his opinion,
there wil1 be no problems.
Thore were no othl'r registered speakers Commissioner Piator moved,
secondcd by CommiDsiol1cr \\'enzcl and r;"rried by unanimous vote of 5/0,
that the public :"enring be closec1.
Commissioner Pis lor moved, seconded by commissionar Wenzel and
carrico unanimously 5/0, that the ordinance creating the Marco Island
Lighting Municipal Service Tilxing District, as numbored and titled
below, be adopted i1nd entered in Ordinance Book No.8.
,
ORDINANCE 78-22
AN ORDINANCE CREATWC THE HARCO ISLAND
LIGHTING l-ll1NICIPAL SERVICE TAXING DISTRICT;
PROVIDING TilE BOUNDARIES OF TilE DISTRICT:
DESIGNATmG TilE GOVERNING BODY OF THE DISTRICT;
AUTHORIZING II. TAX LeVY OF UP TO ONE MILL;
AMENDING ORDINANCE 72-1 BY DELETING CERTAIN
LMIDS ON l',^RCO ISLAND FRaN THE COLLIER COUNTY
LIGHTING DISTRICT; PROVIDING FOR CONSTRUCTION
AND AN EFFECTIVE DATE.
Ih.. II., 11 tl to tell tl101 t lIr. '1'inkll,1I11 h.:ld r1.:ll'lo an in depth ctudy of the
CollicL. County Lighting District, und further oxpressed his appreciation
for the he~ p and information supplied by t-lr. Tinkham.
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May 16, 1978
STILE 01" DAMAGED GENER1\'l'On FOR $2,100 - APPROVED
Following brief discu~H;ion, Commissioner Pistor moved, seconded
by Cornmir;sioner \,lo",:el a.nd carried by unanimouo voto, that. tho Deard
opt-~l:ove the sole of th0 dumngecl generator for $2,100, as recommended
by stoff.
C. In LLI Ml NORMl\N APPOINTED NEW COlJN'1''i Ml\N1\GER - (SEE 1\CTION TAKEN
J,l\TER IN TIlE SESSION m; EXEC"' ION OF EMPLO'iHENT ~r;nEF.MENT)
Ch,1irmnn I-Hmer commef'\ted that the Board has interviewed two
other npplicnnts for the position of County Manager and requested
further direction from the 1300rd a!J to how they wished to proceed
with tho selection.
commis!Jioner Wenzel moved that the Board offer the position of
County Mnnngor to Mr. Harvey Rose. The motion was seconded by
Chnirmnn lVimer nnd failed 2/3 wi.th CommissiC'ners Drol-m, 1\rcher and
Pistor voting i.n the negative.
Commissioner ristor moved that the Board hire Mr. C. William
Norm.:!n os County Nllnager. The motion was seconded by Commissioner
Archer and carried 3/2 with Commissioner Wenzel and Chnirman Wimer
voting in the negativa.
Commissioner Wenzel moved to make the appointment of Mr. C.
William Norman unanimous. The motion was seconded by Commissioner
Pistor and carried unanimously.
Chairman Wimer ca.lled a !Jhort recess for the purpose of contacting
Mr. Norman to inform him of the actinn taken by tho Board.
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RECESS: il:15 A.M. until ll:2S A.M.
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After the recess, Chairmon Nimar stated thnt ho hnd conferred
with Mr. NOrlTlan who has lIgreed to meet with the Commissioners later in
the seosion ot approximutcly 2:00 P.M.
BO~K 042 PAGE~.29
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nOOK
042 rACE 30'
May 16, 1978
PIWPOSAL DY ~;IE CITY OJ~ NArUm RE PROPOSED l'iCREENING IIEDGF. 1\LONG
S^NDPIPCR STREET AND TIm MAINTENANC~ 'l'lIImEOF DY CITY REIMI3URS~D DY
COlJN'rY - ^PPROVED CONTINGENT UPON Dl::TERMIN1\TION DY THE LEGAL
nErl\H'r~lC!lT HE EXPENDITURe OF rum,IC FUNDS FOR THIS PURPOSE.
Commissioncr 1\rchcr read a letter dated Mal' 4, 1978 from Mr. Brad
Estes, Ilssistant to thc Cit.y Nanagar, City of Naplos, r:HJnrding t.he
proposal by the City for a scracning hodgQ along Sandpiper Streot, and
cnclosing n sketch showing the proposed plantings. lie snid that the
costs of the plant/> would amount to approximately $1,200 and the coat
of the planting of said plants approximately $400. The maintena:lca
costs, continued Commissioner Archer, are estimated to be $800 for
fertilizing, trimming and weed control a,nd approximately $450 for
irrigation, dropping to about one-half of that in the third year, and
levclinq off at about $400 per year for maintenance thoreafter. It
WilS In-oponed in the lettcr that the City and Royal Harbor Property
Oh'ners ^ssociation share the cost of installation and that the City
nn<1 County share the cost for maintenanco oach year with the City
performing the maintenance and tho County reimbursing the City.
Commissioner Archer moved that t.ho County accept the propusal
nnd agree to shnre thc cost for maintenance each year. The motion was
secondcd by C01lUl1issioner Pislor.
County Attorney Pickworth questioned why either the City or the
County, particularly the County, would have any legol authority to
expend funds for such purpose. lie said that the Parks and Recreotion
Director has not add res oed himself to the question and that ha woul.d
confer with Mr. Rice concerning this matterl however, if the project
is to abate a nuis~nce at public expense, tho proposal is not the
proper met:lOd, in his opinion.
FollOl~ing brief discussion, Commissionor Nanzel movad for an
addendum to the motion on the floor that the expendituro of any
funds for this purpose be held up until a report is rcceivad from
I'll'. Pickw.>rth.
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.1
May 16, 1970
COmmiGglOner Archer a9rce~ to tho amendment to tho motion 'and
Commi~sioner Pi5tor, seconder to the motion, also agre~d, wheraupon
the motion was carried by unanimous vota.
PETITION R-7B-2-C BY TRI-COUNTY El:GINEERING REQUESTING ~EZONING
FHO~l "A" TO "r.-GH" IN SlO, T51S, R26E - ADVERTISING AUTHORIZED
FOH PUBLIC 1lr.1\HING J_UI,Y 11, 1978
Commissioner Archer moved, seconded by Commissloner Pistor and
carried 5/0, that Petition R-78-2-C by Tri-County Engineering requesting
rezoning from "A" to "E-GII" certain property located in Section 10,
Township 51 South, Range 26 East, be advertised for public hearing
July 11, 1978.
PE'I'l'nON H-78-I\-C BY D. A. [. 1-11\RG/';~T HAYNES REQUESTING REZONING FROI1
"Hl'l-l1\" ']'0 "GRe" FOn LOTS 6-22 AND LOTS 29-39, IlLOCK 1, Nl\I'I,ES P1\RK
IINI'l' 1 - 1\DVER'j'ISING Au'monIZED FO~ PUBLIC HEARING JULY 11, 197B
Commir;sionor Archer. moved, seconded by Commissioner Pistor and
cilrriec1 5/0, thnl Petition R"78-4-C by D. A. and Mnrgaret Hnynes
requcsting rezoning from "RJ.1-11\" to "GRC" for Lots 6-22 and Lots
29-39, Dlock l, Nap10s Park Unit 1, be advertised for public hearing
July 11, 1978.
REQUEST FOR EXTENSION OF FR1\NCIIISE' AREA FOR CAPRI WATER NaRKS, INC.,
TO INCLUDE ENCIlANTING SHORES MOBILE HOME PARK - ADVERTISING
J\UTlIonI,?-E!2_FQR PUDLIC HEARl NG JUNE 13, 1978
Commissio,lcr Archer moved, seconded by Commissioner Pistor and
cilIricd SID, that the request for an extension of the franchise area
for Capri Water Works, Inc., to include Enchanting Shores Mobjle Homa
Pnrk be advertised for public hearing June 13, 1978.
RESOLUTION 70-82 RE PETITION PU-7B-4-C DY THE AMERICAN RED CROSS
REQUESTING PROVISION1\L USE (5) OF TUE ESTATES DISTRICT FOR A
HElll\OILI'l'A'l'ION CENTER ON TRACT 34, UNI'f 30, GOLDEN GATE ESTATES -
^D:>P'l'En
Director of Community Develop:::ent Neno Spagna expll\ined that
petition I'U-70-4-C is a petition by tha Collier County Chapter of the
Amcric"n fwd CrOtlG for provisioliD.l Use (5) of the "E-Esti'\teo" Oiotrict
for property dencribud as the Eaat lOS' vf the East 100' of Tract 34,
; .. t
BOCK 042 rArl.. 31
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~a~~
042 rACE .32
May 16, 1970
Unit 30, Goldel. Gi'lte Eotates for tha purpose of constructing a rehabil-
itation center. Dr. Spngna said that immediately went of the subject
property is t.he Mental lIealth Clinic. Further, said Dr. Spagna, the
peti. lion was re\lie~/ed by bol-h the staff llnd the Coastal Area Planning
Commission llnd recommended for denial for two principle reasons, nnmaly,
that there is !3ome que8tion concerning whether or not the contemplated
use of the property is n permitted us~ in the "E-Estatos" zoning,
and it was nlno felt that the size of the par~el is too small for such
propoaed lIse.
CommioGicner ,'\reher called attention to tho material furnished to
the nOi'Il"d regarding tho petition noting that in one soction of tho Staff
Rflporl tho petition was recommended for approvnl by all concerned County
review i1gencles whicll is seemingly inconsistant with the later r~com-
mendation for denial. Dr. Spagna explained that the review llgencies
referred to \o,'ere tJ:o Environmental Advisory Council, thc Watcr HlInagement
Advisory Doard, and the like, which bodias roviewpetitions for particular
aspects 60ch as the envir~nmental effe~t, drainage, llnd the like and not
necessilrily the pctitjon as a whole. He said the staff looks at it in
it.s entirety ,1nd many tim0.s recommend contrary to tha other boards. lie
said this is II normnl procedure and not in-:onsistent. Commissionor
Archer suggested that there Silould be some! clarification on the reports
as to \~hich staffs ilrc being referred to, that when he reads a staff
recommendation, he assumes it is the County staff. lie asked that the
p~tition be continued; however, the Doard did not concur.
Hr. Earl G. Hodges, ~lembel' of the Board of Diroctors, lImor ican
\
Red Cross, explnined in more detail tho project proposed for tha
property. lie addre5l3cc1 the matter of tha size of the property which
has been suggented an being too Gmall for the project, citing the fact
th.:lt the property iu lell.ger than that of the Dndo County Chapter
which nl50 houses the nntional staff, commenting that it would be D
long time bof:ore the Collier Chllptcr is lnrqor than tho t-liami Chapter.
a.._-A
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May 16, 1978
Regarding tho proviol?nnl usa concerns expressed, he suggestod that
the propo9cd U9C is a matter of interprotation of tho ordinance as
written. lie snid that the organization rehabilitates people in many
ways through firnt-aid training, swimming classes, llnd the liKe.
Hr. 1I0dgas Dlso mentioned tho fact that additional property will be
Bought if thc zoning is approved.
Commissioner. nrown cxpressed the opinion that the location seems
to be an npproprinte place for. tho center.
Dr. Spagna commented that it is his opinion that the project is
contrary to the ~ntiro developmental pattern taking place in tho subject
aren and could causc problems in the future, adding that this particular.
ca~~ may not cause problems; however, if such USCG of a similar natura
arc continued to be permitted on l~ acres, there could be traffic probl~
llnd the like.
Dis,uonlon followed concerning the number of entrances and exits
from s0condary roads onto a four-Ianed highway which, in Commissioner
Pistor's opinion, arc a menace, the numbar of clients to be served and
the numbcr or employees involved, and the like.
Commissioner Archer movcd, seconded by Commissioner Wenzel and
carried by a unnnimous vote of 5/0, that Resolution 78-82 rp.garding
Petition PU-7B-4-C by the American Red Cross requesting Provisional
Usc (5) of the Estates District Zoning for a Rehabilitation Center on
Tract 34, Unit 30, Golden Gate Estates, be adopted.
Commissioner Pis tor ~uggested that the matter of provisional
uses of the "E-Estntes" districts be reviewed, noting that it is
continually being enlarged upon.
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BOOK 042 'ACE ...,33
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MQ~ 042 rACE _ 36
May 16, 1978
APPLICATION 1\NU LICE~RE FORMS TO IMPLEMENT ORDINANCE 70-15, TilE COLLIER
COUNTY UN I FORI,l PISTOL J,ICENSING ORDINANCE - AI'I'ROVED
County ALLol'ney Pickworth briefly reviel-,'cd tho proposod Application
llnd LicenGe Forms to be used to implement Ordinance 70-15, tho Collier
CounLy Uniform Conccaled Pistol Liccnsing Ordinance.
Co:nmis5iol1er Piolor moved, seconded by Commissioner Brown llnd
C.11Tied 4/1 with Comminsionel:" l'i'cnzel voting contrary, that tho Applicllti(
for License to Curry Concealed Pistol and the License forms bc approved.
RESOLUTION 7[J-OJ RE TRANSFER OF COUNTY LAND TO THE E'EMINOLE TRIBE OF
FLORIDA - ADOPTED; QUITCLAIM DEED m: SAME AUTHORIZED FOR CHAIRMAN I S
SIGNATURE
County Attorney Pickworth explained that certain land was deeded
to "~1e CounLy from the Collior Development Corporation in 1970 for
the purposc of providing II Ilumcsito for tho Seminole Indians rosiding
on silid l'lncl. lie [;,'lid that the County has rccaivod a request from
the aforcs.,id Seminole IncHnn 'I'ribe of Florida, and, also, a letter
from the Ourei1u of Indiiln Affairs, to tho effect thnt they would bo
eligible for n number of Federal Grants nnd Programs if tho Tribe
owned the property they arc living on; therefore, said l-1r. Pickworth,
the Tribe h,'ls l'cC]ueutcd the County to deed tha subject proparty to them.
The matter of the oil and mineral right~ was discussad with Mr.
Pickworth noting that such rights were raservod by the Collier Corpora-
tion i1t the time the prop(!rty was deeded to the County, such reserva-
tion baing valid against any future owners of the proparty. In order
to get those rights, he c,?ntinued, the TribE! or the County would hava
to ask the Corporation Lo release them. COmI,1issioner Brown commented
that the clallsc concerning the mineral r.i.ghts being roserved by the
Collier Corporation is odious to him and, therefora, he cannot vota
for the resolution.
In rC5pansc to Deputy Chief Barnctt'l'l query, Mr. Pickworth stilted
that the l.J.nd \~ill not be a Federal reservation nnd thnt the! Shea-iff's
Departlllent \~i.ll still h.J.ve jurisdiction over it.
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Ma.y 16, 1970
Commissioner ristor moved, seconded by Commissionor Wenzel, that
the wording "reserving unto the Collier Devolopment Corporation all
oil, gnn nnd mincral rights" ba dolotod from the document.
Mr. Pickworth pointcd out that deleting the aforesaid clause will
not dcprive the Corporntion uf these rights due to the fac~ that the
Corporlltion made that reBervation in their Deed to tho County I therefore,
the County docs not havc any rights to convey.
Upon call for the qucstion, the motion carried unanimously 5/0.
r.o~missioncr Wcnzel moved, seconded by Commissioner Pistor and
carried 5/0, that the Quitclaim Deed transferring certain County land
to tho !;eminolc Tribe of Florida, as amendl:ld, be approved for the
Chairmen's signntllre, and that Resolution 78-83 regarding same ba adopted.
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042 ~"CE. 40
May 16, 1970
1.l:1I5E I'm ~1O'i.()n VEHICLE INSPECTION ST1\TION AND TR1\NSFEn STATION 1\T NAPI,ES
AIHPonT - J\ppnovrm POR CIlAlnt1AN'S SIGNATUIU~ UPON FINALIZJ\TION OF S1\MI~,
AND REVIEI'I BY COUNTY A'l'TOHNEY
Utility Director Irving Derzon explained that due to the fact that
a relocation ann exponsi..n of the Motor Vohicle Inspection Station is
r,eCeSf.ilry and, 015"'1, the fact that a more permanent Golid wasto trL',,~far
station is required, tJl0 Uoard is being requested to ~pprovc 0 long-term
lease with thc Naplcs Airport Authority in this regard. He said that
consideration was given to either a long-term lease (20 years) at tha
Naples Airport, or to purchauc a parcel of land in the vicinity of the
pr.esent facilitios. lIa pointed out tt.~ costs relative to the 1\irport
site or a purchase nite, advising that the use of the Airport Sita
wi!.., reD\llt in 1I capital savings of considerable amount.
Concerning the details of the proposal, Mr. Berzon said that the
Naples hirport Authority has offered to permit the County to locate
the Inspection S,-ation nnd tho Transfer Station at the northern
l-JlJJ illHltcr o[ the ldr-port, locating same on tho map displayed, for
iI net rent of $1.00 per your, provided that the County constru~t~
the rood from Airport Hoad up to the shortly beyond the proposad
facilities.
Following br.inf dinculH.ion, COIT,missioner Pistor moved, seconded
by Commissioner Brown, that the proposed looso with the Naples Airport
Authority [or the location of the Motor Vehicle Inspection Station and
the Solid Waste Transfer Station, and the necessary road construction,
be npproved llnc1 thilt tho Chairman be authorized to exacute some.
Mr. Rcrzon pointed out that the lease has not as yet been preparcd
,
sincc the AuthOl:ity \ms awaiting tho sentimont of tha Board. Now that
the noard has expr.essed their sentimont, the lease will bc prepared and
reviewed by the County Attorney prior to execution.
Upon calI tor the C]uestion, the motion carried 4/1 with Chairman
Wimer cxprcssi.ng opposition, ntating that if land was purchased for
the filcili,tics, at tho end of twenty years, tho County would own a
v.:lluill>le piece of proporty.
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May 16, 1978
DEED nE nOAD IN PAGEL'S INDUn'rnIAL PARK FOR R01\D RIGIIT-OF-W1\Y _ ACCEPTED
FOR HECORDATION; PRELIMINARY ACCEPT1\NCE J:'OR ONE YEAR MAINTENANCE OP
SUBJECT ROADWAY - APPROVED
Utility Director Irving Berzon explained that the Doard is baing
requested to accept for recordation the dedication of the road right-of-
way of that certain road in Pagel's Industrial Par~, as. described in
the dedication document, and to approve preliminary acceptance for one-
year maintcn<lnce thereof, said property being owned by Charlotte P.
Burrer. Assistant County Engineer Clifford Barksdale advised the Board
that the road has been brought up to County specifications and is in
good shape.
Commissioner \'/enz,-,l moved, seconded by Commissioner Brown, that
the Board accept for recordation the Deed for road right-of-way for
roadway in Pagel's Indufitrial Park, as describad therein, and that
preliminary acceptance for one-yaar maintenance be approved. The
motion carried 4/0 with Commissioner Pistor not present at the tima
of the vote.
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May 16, 1978
CHANGE onDEn 114 RI:: GEORGE F. KRAFT CO. FOR 1\DDI'l'ION1\L WORK HEL1\TING
TO 'I'1If~ FIFTI' FLOOR CO:1PLETION - APPROVED IN TilE !\MOUNT OF' $3,939
Commissioner Al:cher moved, seconded by Commissioner Brown and
carricd 5/0, that Changc Order ~4 re George F. Kraft Co., for the
inst~llntion of conduit and associated work to provide data processing
service throughout the Courthouse Complex, Building "F", be approved
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in the llmount of $3,939 making the total contract sum $309,287.00.
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Mny 16, 19,70
lMNl\Gf.t,mWr TEl\M '1'0 CONFER \'lI'l'1I ARCHITECT AND APPROPIUl\'rE STAFF' MEMBERS
RE POSSlnI.C Clll\NGES CONClmNING ELECTRICAL WORK RE FIFTII FLOOR, BUILDING
"F", AND TO PROVI DE TilE BOARD \'IITII RECOMMENDATIONS
Commissioner l\rcher pointed out that mistakes ware maQe in locatin~
the light switches durLlg the completion of' the Fifth Floor, Duilding "I
of the Courthouse Complex and questioned who is responsible for correctl
these mis~nkes. Commissioner Pistor advised that he has conferred with
the architect in this r~gard and that a report is being prapared. Chai]
man Wimer directed, if there were no objections, that the management
tenm invesUgnte the mat.ter, in conjunction with the architect and
npprorrint~ staff members, and furni&D the Board with recommendations.
There \Yere no obj~ctions voiced.
El\S'rERLY EXTENSION OF WILLOUGHBY DRIVE - ACCEPTED FOR COUNTY M1\IN'l'ENANCl
Utility Direclor Irving Berzon explained that on March 21, 1978
the Board approved t.ho acccptance and recordation of the warranty decd
for the right-of-way for the easterly extension of Willoughby Drive.
l\t that time, he said, the Engineering Department adviscd that minor
repnirs were noeded which have been madc and the road now meets County
standards.
Commissioner Archer moved, seconded by Comn.issioner Wenzel and
carried by unanimous vote, that the Board accept tho easterly extension
of Wil10ughby Drive, approximately 660 feet, for Countl maintenance.
BOARD WAIVES COMPETITIVE BID REQUIREHENTS RE 1200 HOUR ENGINE REPLACEHEi
1\ND TO REI'Ll\CE TilE TAIL/ROTOR SYSTEM FOR DELL HELICOPTER AND AUTHORIZES
CRESCENT AIRWAYS TO PERFORM SAID WORK IN THE AMOUNT OF $12,19!J.50; ALSO
APPROVES Sl\LE OF REPLACED TAIL/ROTOR SYSTEM WITII CRESCENT ASSI~T}\NCE
Utility Di.rector Irving Berzon raferred to tho material furnished
to the Commissi.oners with regard to the 1200 hour engina replacement,
and the in5tn111ltion of II new tail rotor systam, for the Ball I1clicoptc
;[e said thnt, based on the informntion furnished, the facts justify
nuthori?:ntion for CreflcCllt. Airwnys to pe:r.form the work and, also, for
npprovn1 for waivinC] the competitive bid requirements. He said that
telephone bids were solicited from three firms which do thin type of
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May 16, 1978
work \oli th bid!3 obtained from t.t/o. tho lowest being Croscent Airways
in the amount of $12,195.50. In responso to Chairman Wimer, Helicopter
Pilot Earl Sanborn replied that funds are available and budgeted for
this purpose.
Commissioner Archer moved, seconded by Commissioner Drown and
carried by unnnimou!3 vote, thut tha Board waive tho competitive bid
requirements regarding the helicopter work above roforenced1 that tha
contract be awarded to Crescent Airways In tha amount of $12,195.501
alld thnt the Doard approve thu sale of thB replaced tail/rotor system
with Crescent Airways' assistance.
RESOLUTION 70-04 PHOVIDING paR ASSESSHENT OF LIENS FOR THE COST OF
1\!JA'rE;'.';;N'r OF PUBLIC NUISANCES AGAINS'l' VARIOUS PROPERTIES ON MARCO ISLAND -
ADOPTED
Commissioner Archer moved, seconded by Commissioner l.qenzel and'
carried by unanimous vote, that Resolution 78-84 providing for assessment
of liens for the cost of abatement of public nuisances against various
properties on Marco Island, be adopted.
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042 rACE ..48
May 16, 1978
UTILITY DIRECTOR AUTHORIZED '1'0 PREPARE ADVERTISING RE ENGINEERING SERVIC
FOR APPRAISAL OF EXIS'I'ING ~mRCO ISLAND WlITER AND SE\'lER fo'lICILITIES;
RESOLUTION 70-85 ES'r/\nJ,ISIlING A SELECTION COMMITTEE RE SliME - ADOPTED
utility Dircctor Irving Derzon stated that, 8S a prerequisita to
acquiring the existing \~ater and Gewar system on JolarcC' Island, a current
llpprniual of the syntem is required. 110 recommended that ho be
authorized to prepare the necessary advertisement for the solicitation
of proposals for the engineering services in this regard, and that
a selection committac be appointed to review the proposals and make
rcco~ncndntions to the noord. Mr. Barzon said that his estimate of
the cost for the: work \vlll be approximately $40,000, said funds to
come from the Marco Island Sewer District, adding that whilo the specifi
project is not identified in the budget, funds are available to carry
out the \,'ork.
Following his comment that this appraisal will provide the Board
with some positive background on which the Board can negotiata with the
Doltona Corporation, Commissioner pistor moved that the recommendation
of Mr. Dcrzon rcgarding the advertising for consulting servic~s for
the appraisal of the Marco Island system be approved. The motion was
r.econded by Commissioner Wenzal.
Mr. Arthur L. Schultz, Marco Island Taxpayers' Association,
jnquired if an appraisal of the contingent liability on the part of
the Deltona Corporation to provide utility services will he taken into
consideriltion during negotiations with Mr. Berzon responding in tha
affirmative, noting that tho Deltona Corporation has, through the
years, incHcltLod that t:hoy hnvo cortnin obligo.tiona whioh will hnvo
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to be taken into ~onsiderDtion on any purchase price established for
the system.
Upon tho cnll for the question, tho motion carried by unanimous
voto.
Conunis5ioner lIrcher moved, seconded by Commiasioner Wenzel and
carried by unanimous vote, thilt Resolution 78-85 appointj"g Utility
Director Ucrzon, County lIttorncy Pickworth, Fiscal Officer Ilall, and
either Commi~sioner pis tor or Commisnionor ^rchor, to tho Selection
Commll.tee for tho Hclcction of II Conoultant to prepare nn onlJjnccrinfJ
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May 1,6, 1970
app>:ainl\l ano..l evaluation of th-J Marco Island Nator ond Sower Utility
System, be adopted.
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May 1~, 1979
PAYHENT OF POUTINI~ D1LLS - AUTIIORIZED
Following Fiscal Officar lIarold Hall's statement that tha bills
being pr~~ented for npprovnl of payment hav~ been preparad following
extnbliR}wd procedures llnd that funds ara av~ilable, Comrni,osioner Archer
moved, seconded by Commissioner Pistor and unanimously carried, that
the bills be approved for payment as witnessed by the following warrllnts
issued from May lO, 1978 through May 16, 19781
FUND
WARRANT NOS.
43494 - 43902
5347 - 5638
28 - 29
3
2S
12
16
16
18
18
BCC Payroll
Gcnernl Fund
General Fund (Manual)
General Rovernuc MVI
Road & Bridga
Intcrcnt & Sinking
Improvement Trust
CETA
Water Mnnngcment
Municipal Service Taxing
BUDGET lI.HENDI'\ENT 78-95 TO TRANSFER VEHICLE FROM PARKS & RECREATION
DEPARTMENT TO CIVIL DEFENSE DEPARTMENT - ADOPTED IN TIlE AMOUNT OF $75.00
Commissioner Archer moved, seconded by Commissioner Wenzel and
carried by unanimous vota, that Budget Amendment 78-95 re trans for of
vehicle from the Parks & Recreation Department to the Civil Defense
Department, be lldoptnd.
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May 16, 1978
DOARD APPOINTS Cm1MISSIONER J\RCIlER TO THE S,"lFRrC CIT:tZEN' S ADVISORi'
COMMI'f'rEl': ON COI1PREIIENSIVE rLANNI::G AND AUTHORIZES CONTACTS FOR
'DDITIONhL APPOINTEES
Administrntive Aide to the Board Mary Morgan advised the Board th
the S\~FRPC has estnblished a Citizen's Advisory Committee on Compre-
hensive Plnnning nnd :s requestir.g the Doard to appoint four persons
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to serve on the Committee. Mrs. ~organ stated that the req~est has
been referred to Commissioner Arc~sr since ho serves as Secretary for
the Coullc.:il.
Commissioner Archer explail'.ec that tho Council is requesting that
an elected official, a representative from the commercial and sports'
fisheries, tourism and hotel/motel j~terp.sts, and a representativ~
from a minority group be nppointed. He said that he has some names
LO follow up nnd requested, unless the Doard has some names to sugges~
that he be allowed to contact those persons for possible appointment.
lie snid thnt it would be up to the Board as to which elected official
would ba appolntcd; however, he volunteered his services, if there
were no other volunteers.
Commissioner Pis tor movod, se:::onded by Commissioner Brow'l and
carried unanimously, thnt Commissioner Archer be appointed the elected
official to serve on the above-referred Committee, and that he be
authorized to contact persons from tho other three categories mentione,
and that the Board accept his findings.
CHAIRHAN AUTIIORIZED TO SIGN LETTER TO MEALS ON WIIEELS RE BOARD SUPPORT
FOR TilE PROGRAM - LE'fTER TO INDICA':E NO COMf.1ITMF.NT OF FUNDS DY THE
nOARD
Administrntive Aide to the Bo~rd Mary Morgan noted the receipt
of II letter dat.ed May 5, 1978 fro;:", Jlichacl P. Monahan, Direotor, Meals
on Wheels, indicating that it is ti~e now for the grant, undar which
the progrl\m operlltcs, to be renal.:ed. It is requested, said Mrs. Morgnr
that the Board submit II letter of support for tha Program if it fecls
that the Progrnln is needed and should ba continued.
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042 'ACE.w56
Mny 16, 1970
Conunissioner Archor moved, seconded by Comm.1.ssioner Brown and
carried by unnnimous vote, thnt the Chairman bo authorized to sign a
lettar of support for the Meals on I1heels Program, said latter to
indicate there is no commitment of funds by the Board.
TAX COLLECTOR AlJTI/OJU ZED TO ISSUE REPLACEMENT TAX SALE CERTIFICATE
NO. 2071
Corrmissioner Archer moved, secondp.d by CommiRsiono+ Brown and
carried unanimously, that the Tax Collector be authorized to issua a
duplicate of Tax Sale Certificate No. 2071, 1972 Sale, re Anthony
Kernjack, the original havihg been lost.
ClIAIRMlIN AUTHORIZED TO EXECUTE NECESSARY FORMS RE COLLIER COUNTY
C.J.I.S. SUilJECT-IN-PROCESS STEP 3 (SUBGR1\NT AWARD NUMBER 77-A5-
o !' I B 0.1 )
Commissioner Archer movod, seconded by Commissioner Wenzel and
carried by unanimous vote, that the Chairman be authorized to sign
Certification C'( Accepti"..ce of Subgrant A\'lard ra Collier County
C.J.I.S. Suhject'.In-ProccsB Step 3, ragl1rding Subgrl1nt Award Number
77-A5-09-mOl.
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042 rACE.. 58
May 16, 1978
CIIAIRH1\N AI'1'I10RIZED ','0 EXECUTE NECF.SSARY FOro-lS RE COLLIER COUNTY
C.J.I.S. SUUJECT-IN-pnOCESS STEP 4 (SUDGI~NT AWARD NUMBER 78-AF-
09-mOl)
Commissioner Archer moved, secondad by Commissioner Wanzal and
carried unanImously, thllt the Chairman be authorized to exacute
Certification of Acceptance of Subqrant Award ro Collier County
C.J.I.S. Subject-In-Process Step 4 regarding Subgrant Award Number
70-AF-09-IEOl.
CERTn'ICI\TI(l:~ OF l\CCEI"'01~Cr. OF SUBG:':,~T Ml)\Y"J)
n1Q la.:bgX'1ll1tcA. through its 1l11thOl'i~cd represontativo, nCMowled17oD rocoipt and IlCCeptllnco
,f subgrnnc award number
78-AF-09-IEOl
in tho amount
)f $1.2.938.00
, for a project entitled
Collier County C.J.I.S.
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~ULLCE~-TD-Proccs~ Step ~
ror tho pt.riod of Ml1Y 1., 1978 1:0 _!i~O, 1979
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, in accordanco with the
ItatemCl\t of work contained in the subgrllnt application, and aubjflct to the Bureau of
:riminal JlIsticc's attached Gtnndard Gubgr.llnt conl)itiollO govorning subgrnnts, as 101..11 as
lny nttllchod spaci.al conditionll.
~" tho Sub,,,n"..
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May 16, 1978
(Date of Acceptance)
C. R. "Russ" Himer, Chuir.m<ln
:Typcc: l{amG .,nd 'ritlc of Officin1
REQUIRED HI\TCll
Stato Ccno~'a1 Rovcl1llQ
$ 1,275
$ 1,274
LoC.ll II.lrd Clluh
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Mny 16, 1978
Clll\NGE onDER NO. 1 TO CONTAAC'i \'IITil VENETI1\N B1\Y CONSTRUCTons RE
GOLDEN GATE DHJ\NCII IJIBAAR'x" Fon \'/J\TER M1\IN EXTENSION DY GAC UTII,ITIES -
APPROVED
Commissioner \~cnzel moved, seconded by Commissioner pistor nnd
cnrried by unnnimous votL, that Chango Order Number One to Contrnct
with venetinn Dny Constructors re Golden Gate Branch L!brary,)or
wnter main extension to be made by GAC Utilities be approved, as
recommended by Jtaff, thereby decreasing tho original contracc sum
from $172,400.00 to $159.205.00.
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ADMINIS'rr'\'l'IVC AID;;: TO 'rilE nOATlD APPRISES DOARD OF CLAIM Fan PEnSONAL
INJUIUES AND PROPEH'fY DAI.1AGE FILED BY LAURENCE E. EVANS AGAINST
SlIEIUFF'S DEPAH'l'MEN'r
For in[(J!:mational purposes, Administrative Aide to the Board
Mllry Morglln noted the raceipt of con'espondance dated May'll, 1978
from Attorney Richllrd I. Cerv~lli notifying the Board that a claim
has uecn filed by Lnurcnce E. Evans for porsonal injuries and property
damage resulting from a motor vehicle accident involving a Collier
County Sheriff's vehicle which occurred on November 20, 1977.
REQUEST BY GOLDEN GATF. PROPERTY O~mERS FOR CESSATION OF NON-CONFORMING
USE OF PROPERTY BY GAC - ACTION DEPERRED UNTIL MATTER IS REVIEWED BY
PLANNING AND ZONING DEPARTNENTS
Commissioner Archer rcad corraspondence datad May 12, 1970 from
Andrew L. Fllstiggi, Golden Gate resident, and signed by several
property owners, rCluesting that the non-conforming commercial use of
propcrty by GAC at 4267 - 25th Avenue, S.W., Golden Gato, be discontin
at the expiration of their agreemont re same. Commissioner Archer
rcgu~sted that action on thc mattar be deferred pending review of sama
by the Planning and 7.oning Departments. There were no obj~ctions.
S'l'AFF REPOR'T'S ON REVIE\~ SClIEDULE OF PROJECT BRIEFS RE HONE JlEALTH
SERVICES_, AND NA!,LES COHHUNITY 1I0SPITAL
Admlnlntrntivo Ai~o to tho BOArd Mary Morqnn ndviood the Boord
that the South Central Florida Health Systems Council, Inc., will
hold a public hearing May 22, 1978 at the Courthouse Complex for the
purposc of revicwing thc Home Health Services Project of the Collier
County lIcalth Department, and, also, the Replacement of Existing
X-Ray Equipment Project of the Naples Community Hospital.
ORDINANCE 70-23 TO REZONE CERTAIN IMMOKALEE PROPERTY FROM SINGI.E-
FJ\NILY TO CONNF.RCIAL, AS ORDERED DY THE COUnT - DECLARED ENEnGENCY,
AND ADCPTED
Following brief explanation by County Attornoy Pickworth that the
County lost the recent zoning cnse regnrding certain Immokalee
property nna that tho County has been ordered to immediately razone sn
pr"pel'ty to commercial zoning ;"'y the Court, Commissioner Archer moved,
seconded').)y CommiClDioner ,Wenzol lInd unllllimouuly cllrr.ied, th~lt 11 true
cmer~ency cx3ntn for connidcrntion of nn ordinanco in ~lin regard.
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May 16, 1970
Commi' ,0 ioncr III cher mov,.,d, socondod by Commissionar P istor and
carried by a unanimous vote of 5/0, that Ordinance 78-23 concerning
the above-referenced matter be adopted, as recommended by the County
lIU:orney.
ORDINANCE NO. 1!:!!
AN EMERGENCY OR~INANCE AMENDING ORDINANCE NO. 74-14
M1ENDING TIlE ATLAS OF HAPS OF THE IMMOKALEE AREA
PLlINNING DISTRICT BY CIIANGING THE ZONING CLASSIFICATION
OF TIlE PROPERTY HEREINBELOW DESCRIBED FROM "I-SF-l" TO
"l-C-l" AND PROVIDING AN EFl1'ECTIVE DATE.
DISCUSSION OF 1,10SQlJITO PRODLEMS AND CONTROL FOLLOWING PRESENTATIONS
DY DR. GUNNlIRD ANTELL AND BR1\ND'r \'lATSON: STAFF DIRECTED TO PRESENT
PROPOSAL FOR ECONOmCALLY FEASIDLE MOSQUITO CONTROL PROGR1\~l FOR THE
H1I10KlILF:E AHEA
Dr. Gunnard Antell, Collier County Medical Director, addressed the
medical aspects surrounding the possiblo outbreak of encephalitis in
tho nrca during tho upcoming mosquito proliferation. He r.eviawed the
paot history of tho disease in the State, noting that there wera 32
cases reported in the entire State in 1977: however, he said that tha
outlook for 1978 is not guod. Dr. Antell described the symptoms of
the disease nnd suggested \~ays to prevent it, namely, by avoiding
mosquitoes, using insecticides, wearing protectiva clothing when in
mosquito areas, and avuiding areas in which the particular typa of
mosquito is more apt to breed.
Mr. Brandt Ivatson, Director of tha Collier Mosquito Control
District,explaincd tl1at l1e had discussed mosquito control with Dr.
lIntoll and several questionn arose as to tho control in the Immokalee
area such 00 the oize of the area to be protected, whothar or not it
would bo by special taxing district or D. County project, and tho like.
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May ).6, 1978
Reya~dlng costs, Mr. Watson listed the airplano operational costs, tho
costs per acra, and noted that there would also have to be a qualified
perSall in public health to administer the program.
Mr. Watson said that the first step in setting up ~ program is to
!.1Urvey the area to determine the breeding areas, following w'hich the
size of the controlled area could be ascertained. lie said until this
matter is resolved, he is unable to estimate the cost overall but that
he could estimate the per-mile cost. Commissioner Brown inquired as
to what could be done immediately to alleviate the problem with Mr.
Watson rc"ponding that he has been advis~d that there are CETA funds
which might be used to clean up the Immokalee area which would help I
also, a surveillance program consisting of laboratory examination of
the blood samples from chicken flocks maintained for this purpose.
:Jir;cussion follO\~ed conccrning the millage which would be required
to fund the program, depending on the area to be protected, with Fiscal
Officer Hall pointing out that one mill in the sewar area brings in a
little over $30,000, suggesting that the program being discusse~ would
require a significilntly larger amount. Commissionar Archer commanted
that it is the responsibility of the Commission to protect the welfare
of the public evcn if Gencral Funds have to be used. lie also suggested
a program to educate the residents to clean up their areas which will
help eliminate mosquitoes.
Con~issioncr Bro\~n moved to instruct the management team to
research the matter und lo recommend a good effective program for
mosquito control in the Immokale~ arca which is economically faasiblc.
Commissioner Pistor seconded the motion which carried by unanimous vote.
Commissioner Archer inquired if there are any State funds
avoilable on an emergency b~sis if it is discovarad that there are
high counts of diseose-cnrrying r:losquitocs in the Immokalae arCll.
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May IG, 1978
Dr. lIntell RFlid that '~here ara Federal investigatol:s coming into the
State, picking flocks of mosquitoes and tasting them all ovor tho
State, therefore, there io an investigation program in effect. lie
said that he is unawilra of any funds which could be tapped unlasB
tho situation hecame desperate.
I,lr. Robert Wheeler, Environmental Health Director, reportacl that
he received information that thero 59 les8 than $40,000, avnilnbl~ to
the \'Ihole State for the chicken flock surveillance program. Ha also
stated that the Federal investigators are trapping animals, and the
like, which normally arc not done under the local programs so that
apparently there are soma things being done in areas where thare has
becn positive identification. He also emphasized a clean-up program
in the aroa.
Dn. GUNNARD AN'l'ELT. AUTIIOIUZED TO PROCEED \nTH ADVERTISING FOR
HEPI.ACE~lENT !.mDrCTIT. DIRECTOR IN TilE lIPPROPRIATE PUBLICATIONS
Commissioner I~enzol moved, seconded by Commissioner Pistor and
carried unilnimously, that the noard authorize Dr. Gunnard Antell to
proceed with advertising for anothar medical doctor in the appropriate
publications i1nd through the State Health Dcpartment as soon as possiblc.
STJil''F RECOHHENDATIONS HE POLICY AND PROCEDURE FOR EMPLOYEE MERIT
INCREASES FOR FY 1970-79 - ADOPTED
Fiscal Officer lIarold Hall referred to the memorandum dated r-lay
lS, 1970 from County Attorney Donald PiCkworth, Chairman of the
Interim Hanngemcnt Team, regarding tha subject of Employea Merit
Increilsl"!s for tho 1'Y 1970-19 nudget, and transmitting the recommended
Polic)~ hnd proceuurc for Employee Salary Increases for the Piscal
Year 1978-79. Hr. !lall explained the proposed procedura stating that
the plan is a workable approach and a solid first step toward true merit
in~l."cascs.
Folloh'ing bl:icf diocussion, Commissioner Wenzel moved, seconded
by Com..lissioner Pistor and carried 4/0 with Commissioner 1\rcher not
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p~eGent at the ttme of the v~to, that the Proce~ure for Determining
Employee Salary Increases - Fiscal Year 1970-79 be adopted.
Commissioner Pistor commented that, in referenco to the procedure
for evn1l1ation of Depnr',ment !leads by the Co\mty Manager, .as contained
in the above-referenced Procedure, this procedure will give tha Manager
n chance to get to know the various Department Heads and help the
Commissioners in making the proper decisions. Further, Commissioner
Pi,tor suggested that, in order to have a=tual figures for discussion
purpose~ and to aid in budget preparation that an amount be placed in
the Reserva for Merit Increases. Th~ suggestion was discussed with
Mr. IInll commenting that the fund Hill be estnblished as soon as the
ap~roximi\te i\mount required is known. Chairman Wimar suggested that
if further Board diraction is required that tho matter be scheduled
for discussion on a futura Board agenda.
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May 16, 1970
ENPLOYMENT 1\GHEEMlmT nE'l'11EEN DCC AND C. WILY.I1\M NORMAN, NEW COUNTY
J.1l1Nl\GCn EFfo'ECTIVJ.:: JUNE 1, 1970 - 1\PPltOVED FOR SIGN1\TUnESl 1\NNIJ1\L
SALl\HY ES'l'ABLISllED AT $36,000 PLUS 9% RETIREMENT CONTRIDUTION
Chairman Wimer, noting the presence of Mr. C. William Norman,
County Manager designee. wolcomad Mr. Norman to Collier County and
inquired if, ~fter reviewing the proposed Employment Agreement between
the Board of County Commissioners and the County Manager, there were
any que~tions or suggestions concerning same. Mr. Norman said that,
with the exception of thc blanks to be filled in, in his opinion,
the contract is fine and most acceptable. Chairman Wimer suggested
that for unifornity in the pertinent ordinance and throughout the
contract, that the position be entitled "County Manager" rather than
"C~unty Administrator". There wero no objections voiced.
County Attorncy Donald Pickworth reviewed the terms of the
Employmcnt Agreemnnt section Ly scction. Concerning Salary, Mr.
Pickworth stated that Nr. Norman is to be paid a basa salary, to be
determined, pIus a certain parcontage to be paid as deferred
com~~nsation, same to be paid to the plan in which Mr. Norman is
qualified and participating. Chairman Wimar inquired if the 9%
contribution presently in effect throughout the County is accaptable
with Mr. Norman responding that it is satisfactory. Drief discussion
followed concerning the particular plan in which Mr. Norman is
participant, the Lengue of Municipalities, with Mr. Norman explaining
that it is a flexible plan regarding contributions and reiterated
his agreement to the 9% deferred compensation to be incorporated in
the contract. Chairman Wimer inquired about the sevarance pay
provisions with Mr. Pickworth stating that the contract sets up the
conditions under which this would bEl paid.
The matter of the effective date for commencemont of duties was
addressed, with Mr. Norman suggesting tho date of June 1, 1978, if
satisfactory to the Doard. There were no objections forthcoming_
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May 16, 1978
Mr. pickworth cald that a furthoc mattor to ba discussed was
the salary to be poid. In response to Commissioner Brown's inquiry,
Fiscal Officer Harold Hall said that thC3 advertisement statod "Mid-30's -
negotiable". Commissioner pistor observed that during tho original
discunsion Hr. Normnn said he would consider D figure b~twoen $35,000
and $37,000, with Mr. "orman concurring with the commissi.oner's
ntu'temcnt, adding that his immediate roaction is that he feels that
the County ~Ianuger should oarn approximately the same amount as other
key people ,...ith similar responsibilities. Mr. Norman continued by
nUlting that, nfler shopping for houses in tho are'a, he will not be
improving his position in terms of the cost of housing and living
costs. Concluding, Mr. Norman said that $36,000 would be the minimum
salory he would aDk for.
ChairmZ1n \'limer asked for opinions from the other Commissionars
with Commissioner nrown stating that he "had $35,000 annually in 'mind",
Commissioner Pistor commented that $36,000 "is fine with me", and
Commissioner Nenzel stating that ho "was thinking of $35,000"; however,
he said that Mr. Norman might work harder if tha salary was established
at $36,000. Mr. Norman observed that he will try hard regardleaa.
Commi!Jsioncr Pistol' moved that the Employment Agreemant between
the Doard of County Commissioners and Mr. C. William Norman, as
presented by tho County Attorney, with the omissions filled in, bo
approved for signatures I the effactive date for commenoement of dutias
to be Juno 1, 197B, and the compensation to be $36,000 annually plus
9% contribution to retirement. The motion was secondad by Commissionor
A~cher and carried unanimously 5/0.
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There being no further husiness for tho good of tho County,
the meeting was adjournad by order of the Chair - Timo: 3105 P.M.
DO~RD OF COUNTY COMMISSIONERS/l
OFFICIO GOVEPNING BO~RD(S) OF
SPECIAL DISTRICTS UNDER ITS CO~
C. R. "RUSS" WIMER, CHAIRMAN
ATTEST:
I-IILLI1\J>l J. REAGAN, CLERK
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