BCC Minutes 09/19/1978 R
"
Naples, Florida, September 19, 1978
LET IT BE REMEMBERED, that the Board of County Commissioners in
and for the County of Collier, and also acting as the Governing
,-
Boardls) of such special districts as have been created acco~aing to
law and having conducted business herein, met on this date at 9:00 A.M.
in REGULAR SESSION in Building "F" of the Courthouse Complex with the
following members present:
CHAIRMAN: John A. Pistor
VICE-CHAIRMAN: navid C. Brown
C. R. "Russ" Wimer
Thomas P. Archer
Clifford Wenzel
ALSO PRESENT: William J. Reagan, Clerkl Harold L. Hall, Chief
Deputy Clerk/Fiscal Officer; Edna Brenneman and Debbie Pantano (1:40 P.M.
D~ruty Clerks; Irving Berzon, Utility Director; Dr. Neno Spagna, Director
of Community Development; C. William Norman, County Manager; Carl
Clemmer, Zoning Director; Clifford Barksdale, County Engineer; Ronald
Dillon, Assistant County Attorney; Wafaa Assaad, Planner; Mary Morgan,
Administrative Aide to the Board, and, Deputy Chief Raymond Barnett,
Sheriff's Department.
AGENDA
BOARD OF COUNTY COMMISSIONERS
FINAL AGENDA
September 19, 1978
REQUESTS TO ADDRESS THE BOARD OF COUNTY CO~lISSIONERS, WHICH ARE NOT
ON THIS AGENDA, tiILL BE HEARD ?>T 11:00 A.M.
1. INVOCATION
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDA
4. APPROVAL OF MINUTES: 8-29 and 9-5
5. PROCLAMATIONS & PRESENTATIONS OF AWARDS
BOCX 043 P^~: 542
.t
September 19, 1978
Chairman Pistor noted that the agenda schedule would be
altered to address those matters requiring a full Commission to
accommodate Commissioner Wimer who will not be able to remain fO'r
the entire session.
MINUTES OF MEETINGS OF AUGUST 29, 1978 AND SEPTEMBER Sf 1978 - APPROVED
Commissioner Archer moved, seconded by Commissioner Wenzel and
carried unanimously 5/0, that the minutes of the meetings of August 29,
1978 and September 5, 1978 be approved as submitted.
PROCLAMATION ESTABLISHING SEPTF;MBER 26, 1978 AS "RALPH NEELY DAY" _
ADOPTED
The proposed proclamation establishing September 26, 1978 as
"Ralph Neely Day" was read by Chairman Pistor, following which
said proclamation was approved and executed by the Board of County
Commissioners. Present to accept the Proclamation was Henry Caballero,
President of the Touchdown Club of Naples, on behalf of the Club.
..
..
..
..
.. .,
..
* .. ..
.. .. *
.. .. ..
.. ..
..
B~Cv o 43 Pt.:~ 546
. . A .-....::"'. ....-. . , '.,_ _.... '''-'''; .' -:.0. ~ _',_ .
:~:ii~~~~iZ~i~Fi~[i#~~~;:'~'~~:i~k:~~2;~]~~,~j:if#~~.:.':~~~~;s~~j}j~~'.:'
September 19, 1978
RESOLUTION R-78-145 RE PETITION V-78-21-C BY PAUL STIGER, VANDERBILT
WEST CORP., REQUESTING SIDE YARD VARIANCE FOR LOTS 3, 4, AND 5,"LESS
THE NORTH 100' OF LOT 5, BAKER-CARROLL POINT, BLOCK A, VANDERBILT
BEACH AREA (CONTINUED FROM 9/5/78) - ADOPTED
Legal notice having been published in The Naples Star on August
la, 1978 as evidenced by Affidavit of Publication previously filed with
the Clerk, public hearing was continued with regard to Petition V-78-2l
by Paul Stiger, Vanderbilt West Corp" requesting aide yard variance
for Lots 3, 4, and 5, less the North 100' of Lot 5, Baker-Carroll Point
Block A, Vanderbilt Beach Area.
Zoning Director Carl Clemmer explained that the public hearing
was continued from September 5, 1978 at which time the petitioner and
his representatives were directed to meet with the Vanderbilt Beach
Pr<~erty Owners Association and staff in an attempt to work out a
placement of the buildings so that no variance would be necessary.
~lr. Clemmer said that the meeting was held and three different concepts
were devised by those in attendance and the one selected and concurred
with by the Vanderbilt Beach representatives was the one suggested
initially and brought to the Board for approval two weeks previously,
said variance to be 28' on the two side lines. Mr. Clemmer said,
following that recommendation, it is being requested that the variance
be approved as contained in the petition, In response to Commissioner
Wenzel's inquiry, Mr. Clemmer said that the plan has been agreed to by
all parties.
.,
Mr. Clemmer referred to the plans displayed on the corkboard
to illllstrate the proposed plan and the suggested alternatives, pointing
out the objections voiced to the alternate proposals. He said that
the original design meets all of the requirements of the Zoning
Ordinance with the exception of the variance which is being requested,
Mr. James Irwin of Reynolds, Smith & Hills, representing the
developer, offered no further comments to the statements made by
Mr. Clemmer.
~;:'. 043 Po'.:.: 548
. .
.... ~.
.. . :.: ~~s;:;..."~~?~%.;~i(.~':: ;;.:~~ :., ~'::;'~~,'Z{:~A~''!-'l}:;,"~,:~':J: ~.:
.. ,.
~ . :,'
. ,.. ... ........ ... . ~ ...
"..~~., ~":'i~~.:!l.:'.',.:II"::~.l'_~~~'~"~"~'~~'.'\':""":" .::: .h~;'...;'.~..', ."....l~.
., . ,'.:,":.'.' ..,'" ,
Bac.~ 043 Pl,~: 54a
September 19, 1978
There being no persons registered to address the matter,
commissioner Wenzel moved, seconded by Commissioner Brown and
carried unanimously 5/0, that the public hearing be closed.
Commissioner Wimer inquired if there could be buildings
placed upon the property without a variance with Mr. Clemmer
responding in the affirmative, following which the Commissioner
inquired if the petition has been reviewed to ascertain if it
meets the criteria for a variarlce. Assistant County Attorney
Dillon noted that he has not reviewed it and could not state
with certainty as to whether or not County Attorney Pickworth has
done so. Commissioner Wimer expressed his concern over possibly
becoming lax with regard to the granting of variances.
Following additional brief discussion, Commissioner Archer
moved, seconded by Commissioner Brown, that Resolution R-78-145 re
Petition V-78-21-C by Paul Stiger, Vanderbilt West Corp., requesting
side yard variance for certain lots in Baker-Carroll Point, Block A,
Vanderbilt Beach area, be adopted. The motion carried 3/2 with
Commissioners Wimer and Pistor voting in the negativa.
*
*
*
*
*
* * *
* * *
* * *
* *
*
r-l
1 I
September 19, 1978
PETITION V-78-23-C BY GAYLORD JONES REQUESTING SETBACK VARIANCE
TO ALLOW A SWIMMING POOL ON LOT 19, BLOCK C, BIG CYPRESS GOLF
ESTATES AND COUNTRY CLUB - PUBLIC HEARING CONTINUED UNTIL SEPTEMBER
26, 1978
"
Legal notice having been published in the Naples Dally News on
September 1, 1978 as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider pet.ition V-78-23-C
by Gaylord Jones requesting setback variance to allow a swimming pool
on Lot 19, Block C, Big Cypress Golf Estates and Country Club.
Zoning Director Carl Clemmer stated that the staff has reviewed
the considerations for variance petitions and arrived at the conclusi<
that by denying the variance would deprive the applicant of a reason-
able use of his land and deny him privileges which are enjoyed by oth(
in the sUbject subdivision. It is the recommendation by staff, said
Mr. Clemmer, that the variance request of 5' be granted.
Mr. E. J, Kidd, Jr., Kidd Construction Company, representing the
petitioner, explained that the subject lots were subdivided approxilnat
fifteen years ago at a time when the desire was for smaller homes than
at present which is one reason the lot is non-conforming and a varianc
is being requested. He noted that a variance has been approved in the
same block for another property owner so, therefore, a precedent would
not be established in this particular block.
Mr. Lloyd Sarty, member of the Board of the Country Club of Naple
noted that a previous variance had been granted in this same area and
a swimming pool constructed practically on the Club's golf course,
and suggested that prior to any further similar decisions being made
the Club should have a chance for review of same.
Mr. Clemmer, in response to Chairman pistor's inquiry, said
that the Country Club was not notified oi the petition1 however,
the Property Owners Association of Big Cypress Estates, Inc. viewed
the plans and recommended that the variance be approved.
B~~~: 043 Pf.~: 552.
,:.j,~ ;~~.::~ :. .'.':::'~.~~ \ :~;~;[~~~;~~!~f~~~~1~~t~~.~<:.~~:, ;~.
Boe.' 043 PI,;: 553
September 19, 1978
Following brief discussion, Commissioner Archer, commenting
that, in view of the comments made by the petitioner and the
speakers, perhaps the petition should be continued and moved that
the public hearing be continued until September 26, 1978. Com-
missioner Wenzel seconded the motion.
Mr. Sarty stated that the Country Club Board would discuss
the matter prior to the aforementioned date.
Upon call for the question the motion to continue the
public hearing was carried unanimously 5/0.
ORDINANCE 78-47 CREATING THE NAPLES PARK LIGHTING MUNICIPAL SERVICE
TAXING DISTRICT - ADOPTED
Prior to the start of the public hearing regarding the proposed
Ordinance, Chairman Pistor requested a legal opinion as to whether or
not the statutes require the reading of ordinances in their entirety,
noting that there have been news articles pUblished stating that there
is a new State law in this regard. Assistant County Attorney Dillon
advised that he has researched the matter and cannot find where the
Statutes have been amended, OL the like, and said that the only
place where it is reqyired that proposed ordinances be read is in
municipalities.
Legal notice having been published ir. the Naples Daily News on
August 31, 197B as evidenced by Affidavit of Publication filed with
the Clerk, public hearing w~s opened to consider a proposed ordinance
creating the Naples Park Lighting Municipal Service Taxing District.
County Engineer Barksdale stated that the Naples Park Area
Assocation has requested the Board to form a street lighting district
for the Naples Park area. He said the area involved is bounded by
lllth Street on the north, U.S. 41 on the east, 91st Street on the
south, and Vanderbilt Drive on the west - Naples Park Units 1 through 6.
~lr. Barksdale said that the request is for underground wiring and
concrete poles, which are more expensive I however, the costs were
....-.,
September 19, 1978
presented to the Association at t.heir meeting of July 27, 1978 and,
by motion, the Association voted to formally request the creation of
the district, including underground wiring and concrete poles. The
estimated millage for the first year, said Mr. BarkSdale, is 1,018
mills, adding that the service will not begin until October 1, 1979
Wllich conforms with the legal requirement for creating the district
whereby the service would not be provided until an approved budget
has been prepared and included in the coming year's millage. Mr.
Barksdale recommended approval of the project.
Mr. Karl Corley, Naples Park resident and President of the Naples
Park Area Association, stated that the Association, as a group, did
not vote for the project because the Association is larger than Naples
PlIrk, noting that it includes Vanderbilt Beach and some other areas;
"
however, petitions were made available at the building for each home-
owner wanting street lights to sign and he submitted the petitions which
were signed by 386 homeowners, all of whom want the street lights.
Hr. Corley also submitted petitions gathered in 1974 of those persons
wanting th0. lights at that time - 442 persons. Mr. Corley advised
that it was understood at that time that the petition must be signed
by registered voters and i~ has been certified by the Supervisor of
Elections that of the 442 signatures only 230 persons were registered
voters at that time - 1974. Mr. Corloy continued by stating that there
are some residents who do not want street lights for various reasons;
.
however, it is believed by those wpo do want them that it will help to
curb vandalism, rObberies, and other crimes.
All persons registered having been heard, Commissioner Wenzel
moved that the public hearing be closed, seconded by Commissioner
Archer and carried unanimously 5/0.
Commissioner Wimer moved, seconded by Commissioner Archer and
unanimously carried 5/0, that Ordinance 78-47 creating the Naples
Park Lighting Municipal Service Taxing District be adopted.
l': ~'l
043 r,,:::554-
. .......' , . ~ "" :., ~. ." ,':,. . ..-.,..
,....:~~~1-:.....J~;i~~. .
BOC~ 043 P/,~: 555
September 19, 1978
ORDIt\M:CE 78 -1.7
AN ORDINANCE CREATING THE NAPLES PARK 1.IGHTING
MUNICIPAL SERVICE TAXING DISTRICT; PROVIDING
TilE BOUNDARIES OF THE DISTRICT; DESIGNATING
THE GOVERNING BODY OF THE DIS'l'RICT: AUTItORIZING
A TAX LEVY OF UP TO O~~ MILL; PROVIDING FOR
CONSTRUCTION AND AN EFFECTIVE DATE
"
ACTIONS BY BCC TAKEN DURING SPECIAL SESSION SEPTEMBER 13, 1978 RE
FY 78-79 BUDGET - CLARIFIED (PUBLIC HEARING CLOSED AND FY 78-79 BUDGET,
AS SET FORTH IN THE HEARING, ADOPTED)
Fiscal Officer Harold Hall asked that the record reflect additional
clarification of the motion made during the Special Session held
September l3, 1970 wherein the FY 78-79 Budget was adopted. He said
that the intent of the motion, with the concurrence of the maker and
seconder of the motion to adopt the Budget, was to close the public
hearing and, since there were no changes made in the recommended
budget, adopt the budget as set forth in the public hearing.
Commissioner Wenzel moved, seconded by Commissioner Archer,
that the intent of the subject motion was to close the public hearing
and to adopt the FY 78-79 Budget. Th~ motion carried unanimously 5/0.
RESOLUTION R78-146 ADOPTING THE MILLAGE RATE FOR THE J.978-79 BUDGET _
ADOPTED
Fiscal Officer Harold Hall explained that the adoption of the
proposed resolution adopting the millage rate for the 1978-79 Budget
follows the adoption of the budget which was completed on September l3,
1978. Mr. Hall read the proposed resolution, pointing out that the
millage for the four County-Wide funds totals 5.4700 mills which,
he saId, is a decrease from the current year's millage. Regarding
the Special Tax Districts under the Board of County Commissioners,
Mr. Hall called to the Board's attention that there are no millages
.t
~
,
September 19, 1978
being levied with regard to the Immokalee Water/Sewer District and
the Marco Island Water/Sewer District. Also, said Mr. Hall, there
is no millage being levied in the Capital Improvement Fund ~nd that
the fund is being closed out. Mr. Hall further commented that
the millages for the independent taxing districts - the fire districts
and the mosquito control district - are levied in accordance with the
budgets submitted to the Board of County Commissioners.
It was noted for the record that there were no persons registered
to speak on the subject, following which Commissioner Archer moved
for adoption of Resolution R78-146 Adopting the Millage Rate for the
1978-79 Budget, and for authorization for the Chairman to sign same.
The motion was seconded by Commissioner Wimer and carried unanimously
5/0.
..
*
*
..
..
*
..
"
..
* .. ..
* * ..
* .. *
.. ..
043 Pt.~:556 ..
BOOK
,'- :.,'~~~~:~:irt:'t1;'~~..-+.f"",~.~:,.~::u~~::-"!'.r~;,;i:.~..~.;! .:,~.,~. ...'
.<toT ":. ...
::~ : :.:,;.~ ; ~ ~",:~i.:..': ':-,<, :...... ::. ::",..~, .':'"}:~.." ,~,:."it '::-,:' ~ ~ ~"""
BGC~ 043 p~~:559
September 19, 1978
PETITION PU-78-l4-C BY MILESTONE YOUTH HOME REQUESTING PROVISIONAL
USE (5) OF THE ESTATES DISTRICT FOR PARCEL IN SECTION 8, T50S, R26E _
DENIED; UTILITY DIRECTOR TO NEGOTIATE WITH PETITIONERS RE SUITABLE
PARCEL OF COUNTY-OWNED PROPERTY
Director of Community Development Neno Spagna reported to the
Board his findings with regard to the number of persons residing
within a half-mile radius of the subject property for which a petition
has been received requesting provisional use of the Estates District
in Section 8, Township 50 South, Range 26 East, for the purpose of
..
constructing Mill'5tone Youth Home, He said it is estimated that
12 to 13 families reside in the subject area. Dr. Spagna further
reported that the CAPC voted on September 7, 1978 to let its action on
August l7, 1978 stand, i.e., recommendation for approval to the Board
of County Commissioners.
County Engineer Clifford Barksdale reported on the results of
the research into the records with regard to the road rights-of-way
and stated that there is no mention of rights-of-way in any of the
deeds for the first 1320' off County Barn Road, Mr. Barksdale said that
the parcel to the north of the right-of-way is owned by the State of
Florida and in the lease of that land it is stated that nothing will
be done to block the ingress or egress for the property located to
the east. He said the remainder of the roadway does mention, with two
exceptions, that there is 30' reserve both on the north side and the
south side of the property '.ine for road rights-of-way; however, it
is not dedicated to the public. He illustrated his findings on the
map of the area provided.
The following persons were registered to speak on the proposed
project, registering their comments either by addressing the Board or
by expressions of opinion either pro or con:
Opposition: Wanda Gaydos - 2201 Unity Way
Carol A. Lansdale - 3250 County Barn Road
" Richard B. Lansdale - 3250 County Barn Road
Hank Albright - 2800 County Barn Road
John Cope - 5750 Cope Lane
"!r-.'-'
"
September 19, 1978
Ann Keller - 2301 County Barn Road
George C. King - 5782 Cope Lane
Mrs, Lewis S. Ballard, Jr. - Cope Lane
Lewis S. Ballard, Jr. - Cope Lane
Randy River - 2101 County Barn Road
Nadine River - 2101 County Barn Road ..
Mrs, P. B. Crews - 1284 12th Avenue, N.
P. B. Crews - 1284 12th Avenue, N.
(speaking also for Lyle Danielson)
Marie Thompson - Cope Lane
Michael S. Thompson - Cope Lan~
Charles R, Keller - 2301 County Barn Road
Robert P. Allen - 5610 Cynthia Lane
Barbara Allen - 5610 Cynthia Lane
Support: Carol Schneider - 4439 Parrot Avenue
Richard Schneider - 4439 Parrot Avenue
Otis Albright - 2401 Gulf Shore Blvd.
Connie Fender - Chesepeake Ave., Royal Harbor
Chris Provenzano - 1061 7th Street, S.
Rev. Richard M. Mapes - 741 West Avenue, North Naples
Joe La Rochelle - 920 13th Street, N.
Rev. Russell Mase - 5136 Sand Dollar Lane
.'
Chairman Pis tor noted that the following expressions of opinion
regarding the project were received:
Opposition: Mrs. Nadine Riner - 2101 County Barn Road (Letter)
P. B, Crews - 1284 12th Ave. N. (Letter)
Lyle R. Danielson - 4930 S.W. Second Place, Cape
Coral (Property owner - subject
area) (Letter)
Judy and Val Prince - Cope Lane property owner (Letter)
L.L. Alexander - 773 4th Avenue, N. (Letter)
George P. Trotter - 5597 Wendy Lane (Letter)
Lloyd nnd Pauline - 5565 Wendy Lane (Lutter)
Petition containing 13 names - Residents and/or
property owners
Judy Reineman - Telephone message
Support: Letters From 8 members of the Naples Police Department
Debbie Walp - Records Clerk (2 letters)
Elizabeth Taylor - 3410 Gulf Shore Blvd. N., Chairman
of Outreach Committee of local church - (Letter)
Robert E. Forsythe, Architect - 900 Sixth Ave. S. (Letter)
James Ostrander, 245 Broad Avenue, S. (Letter)
Lengthy discussion took plac8'throughout the hearing with regard
to the proposed project which included the reasons set forth by those
opposing the project, most of whom objected mninly to the home's
location, and inclUding the details of the program, as presented
by the programs' sponsors, covering such matters as the type of
supervision planned, the type of juvenile offenders who would be
housed in the home, their length of stay, and the like.
e~~'
043 p,~-560
,"'^...."''''....~,r~..'<o'1Ol>-'..".^'lI')J.:.-..~r;...~~-..~_~;.:;::,:",
~.,.....,~ .. _...~.u..,...., .-.-._~..._-._..~.;.;:_..."".:.........."k... "'d'''~ ' .. . ....." . _ ~"""""~,-,_,_,,,,,
,'., ", ': ":'~;-,~~, - ..:c~:.;:~:E.?:?;.:~~~~,:?;tjt;f~ft~I~;:~::!~~~i:~i:t~~~~~;.:;;;j; ~~:~:;.~,:.;,'!-:" ,
_.': A'
r.~
BeCK
o 49 p~:: 561
September 19, 1978
Chairman Pistor commented that he had invited Ms. Kathy Manz
to be in attendance during the meeting to present her views. Ms.
Hanz, Director of Youth Guidance for the County, stated that she
did not have a prepared recommendation to present to the Board because,
in her opinion, there are a lot of factors with which she is not
directly involved. However, she said that from her understanding
of the program, she would highly endorse the whole concept of
"My lIome", noting that there iff, a successful similar project, on an
individual basis, in the County's Youth Program, wherein private homes
are being used.
Alluding to the fact that the majority of the opposition to the
project is directed to the location proposed, Commissioner Wenzel
offered the suggestion that a different parcel be considered, noting
that the County owns property in Golden Gate Estates, and also the
property known as the Gran Property, commenting that he, personally,
would be willing to lease such property at, for example, $1.00
per year for the purpose.
Following additional brief disucssion, Commissioner Archer moved,
seconded by Commissioner Wenzel, that Petition PU-78-14-C by Milestone
Youth Home, requesting provisional use (5) of the Estates District
for a youth home in Section 8, Range 26 East, Township SO South,
be denied.
At this point, Chairman Pistor read a memorandum from Commissioner
,
Wimer who had left the meeting (10:55 A.M.) which stated that he
supports the concept of "My Home" but, due to the overwhelming opposition
to the location on Cope Lane, he would agree with Commissioner Wenzel
and Archer and see if the County can help find a suitable location.
Upon call for the question, the motion to deny the petition
was carried 3/1 with Commissioner Brown voting in opposition, and
Commissioner Wimer not present.
.... ,
..
September 19, 1978
Further discussion was held regarding County-owned properties
with Commissioner Wenzel suggesting that the Board authorize Utility
Director Derzon, who has a list of County properties in Golden Gate
Estates, to confer with Reverend Mase, Mr. SChneider and other members
of the Board of Directors for Milentone Youth Home, for the purpose
of choosing an available site and that the County offer that property
to the group at no charge. Mr. Schneider inquired if the County
will give them the property with approval to build thereon with
Commissioner Archer responding in the negative stating that the
suggestion made was to authorize the staff to work with the organization
in acquiring a parcel of property. Commissioner Wenzel concurred
with the comment that when a site considered to be suitable is chosen
the petitioner would come back to the Board and apply for a permit
to construct. Mr, Schneider expressed appreciation for the offer
and, to clarify the matter, inquired if it would be necessary to go
through all of the procedures which they have gone through during the
past thre~ months, It was pointed out by Chairman Pistor that, de-
pending upon which site is agreed upon, it is possible that My Hom&
would be the first construction in the area and, therefore, would not
encounter the complaints expressed regarding the location presently
under discussion.
Commissioner Wenzel restated his suggestion regarding the
meeting to be held for the stated purpose, putting it in the form
of a motion which was seconded by Commissioner Arche~ and carried 4/0
"
with Commissioner Wimer not ~resent at the time of the vote.
*
*
..
..
RECESS: 11:10 A.M. until 11:25 A.M.
*
*
*
*
BOCX 043 Pf,::562,
" .', ,_.":.,, :";""~"~:~~~~'~~:<,~\:~~~~'~>i.'::'
.... '\,.
8CCK 043 P/,~:563
September 19, 1978
BOARD APPROVED FINAL PLAT AND CONSTRUCTION PLAN FOR PELICAN BAY
UNIT 1
Dr. Neno Spagna, Director of Community Development, stated that
what is being requested is approval of the Final Plat for Pelican
Bay Unit One, said request having been made by Coral Ridge-Collier
Properties. Dr. Spagna located on the map provided the property
in question, describing same as lying north of Seagate Road and
extending northward, covering essentially the lower one-third, more
,.
or less, of the entire Pelican Bay development. He said that the
Final Plat has been reviewed by the Coastal Area Planning Commission
and is being recommended for final approval. It has also been
reviewed by the Planning, Zoning, and Engineering Departments, said
D~. Spagna, and they concur with the recommendation. He further
stated that the construction plans have been submitted and that
they meet all of the requirements of the Subdivision Regulations
and are recommended for approval with one condition, that being that
tho present plat does not contain the easements which were originally
going to be recorded in the Official Records. He said that the developer
would like to now show them on the plat. It was his recommendation
that the Board approve the plat subject to County Engineer Barksdale's
review of the revised final plat showing the easements.
Chairman Pis tor noted that he has been advised that the easements
have been approved and that they will be added to the linen prior to
signatures.
In response to Commissioner Wenzel's concern that there be
no dead-end roads that cannot be continued as, for example, in the
north end of Park Shore Unit 5, Dr. Spagna said that there have been
provisions made for the extension of roads at the discretion of the
Board, noting that the rights-of-way are there and the agreement
with 'Pelican Bay is that the developers will terminate the streets
with a cul de sac 200' north of Seagate and, at such time as they
.--'-- l
J
..._...A
September 19, 1978
are requested by the Board, they will complete the connection with
Seagate Drive at their expense. Also, said Dr. Spagna, in response
to Commissioner Archer, there is a provision for widening Seagato
Drive from U.S. 4l to the westernmost connection. Mr. Thomas Peck,
representing the petitioner, said that this provision is part of the
pun document which has been approved and adopted as an ordinance by
the Board of County Commissioner..
Commissioner Brown moved, seconded by Commissioner Wenzel and
carried 4/0 with Commissioner Wimer not present when the vote was
taken, that the Final Plat and Construction Plan for Pelican Bay
Unit 1 be approved, as recommended by staff.
*
*
..
*
*
*
..
"
*
* .. *
.. .. ..
* .. ..
Q~ p~~: 56~ * ..
BOOK *
."-~..' "-, ......-
.. . ~_..~. '..':':"'_':';-;~" ~~..'~ ~':.:.'~.. ";-;'._l,~'.'.: ..~r""'-" ....1,7. _-
. ,:~."::~.:~;~~7~
',..,."~';ii:.,
" .'" '.,..
:.;."....'>~
Bee, 043 p/,~:511
September 19, 1978
ROUTINE BILLS - AUTHORIZED FOR PAYMENT
Following Fiscal Officer Harold Hall's advice that the bills
being presented have been processed fOllowing established procedures
and that funds are available, Commissioner Archer moved, seconded by
Commissioner Wenzel and carried 4/0 with Commissioner Wimer absent,
that the bills be approved for payment as witnessed by the following
warrants issued from September 13, 1978 through September 19, 1976:
FUND
"
WARRANT NOS.
9114 - 9605
49568 - 4998a
41 - 42
38 - 39
1
County Warrants
BCC Payroll
General Fund
Road and Bridge
County Water Supply
PROPOSED BUDGET AMENDMENT TO TRANSFER FUNDS WITHIN DEPARTMENT TO
MEET NEW ANIMAL CONTROL ORDINANCE AND REQUIREMENTS OF NEW HUMANE
SOCIETY CONTRACT - DEFERRED
Fiscal Officer Harold Hall requested that the Board defer a
proposed Budget Amendment with regard to the transfer of funds within
n department to meet the new Animal Control Ordinance and the require-
ments of the new Humane Society contract. There were no objections
to Mr, Hall's request and the item was deferred. Mr. Hall said that
the amendment would be brought back to the Board September 26, 1978
or in the closeout for the end of the year.
"
..
r-'-,
[ ~
..
. . A
September 19, 1978
BOARD ACCEPTS SPECIAL AUDIT REPORT BY AUDITOR GENERAL WHICH WAS
REQUESTED BY CLERK WILLIAM REAGAN
Clerk William Reagan explained that in January of 1977 he dpproached
the Auditor General requesting an audit of all of the records of the
Circuit Court and the Board of County Commissioners for the reason that
he was just coming into the office of Clerk of Circuit Court and the
former Clerk was leaving office. He was advised that due to staffing
problems the audit could not be done for awhile. Subsequently, said
Mr. Reagan, rumors appeared in the media with regard to the Delnor
Park funds amounting to approximately $550,000. He said that his staff,
internally, did an extremely intensive audit covering the period of
May l, 1965 through February 6, 1974, It was felt at that time, and
the Board was so advised, said Mr, Reagan, that there was no mis-
appropriation, no lost monies, but possibly some problems in the record-
keeping,
Mr. Reagan continued by stating that the Auditor General was
requested in July 1977 to perform a field autdit to confirm his
findings and it was done. He said that an Audit Report was not
issued because there was to be a total audit and the Report of the
Special Audit would be incorporated therein; however, the total audit
has not as yet been done. A further request was made of the Auditor's
office a few months ago, said Mr. Reagan, because of the approaching
election and he did not want the people of Collier County to still
.
believe that there was some wrongdoing in funds or SOllie monies
.,
missing. They agreed to the ~equest and an Audit Report has been
received, said Mr. Reagan, and he was asked to incorporate it in
the Board Minutes and also to "hit a few of the high points" in the
Minutes.
Reading from the Report, Mr. Reagan stated that the personnel
involved at that time, noting that he was asked to list them, were:
BGC~ 043 P/,~:572.
...........:..._1. .
. -~.:: ~.'::':l"...-:-,~..~~;.:t~
B:JCK a,s pf,::573
September 19, 1978
A. C. Hancock, Stephen Hitchell, Glen Allen, Lester Whittaker,
Ruth M. Van Doren, B. M. Sentell, J. ~I. Kurke, Thomas Archer,
Dewey Polly, Clifford Wenzel, Ewell F. Moore, and David Brown,
with Margaret Scott as Clerk. The Scope and Opinion covers
the Bond Construction Fund - Port Authority Account, continued
Mr. Reagan, noting that the three areas which were audited in
detail were the 1964 General Obliga~ion Bonds amounting to $550,000,
..
receipt of the Federal Grant amounting to $246,290, and the sale
of the land to the State of Florida amounting to $271,946,66.
Mr. Reagan said that all of these monies have been trac~ed and
accounted for and that there has never been any misappropriations
- the only problem has been in determining that due to problems
with the records. He expressed his hope that the Naples Daily
News, and the Fort Myers News Press, since it was headlined that there
was a possible shadow on the funds, will give the findings the same
justice of headline.
Mr. Reagan stated that the only criticism by the Auditor was under
financial records. He said that in the Act that was created in 1965,
under Chapter 315, Florida Statutes, there was some misunderstanding as
to what actually the funds could be used for. Mr. Reagan read portions
from the Report having to do with the matter as contained in Paragraph
20 - Financial Records. He commented that records dating baCK to 1965
in any county are not always in the best orderl however, steps have beel
taken so that Collier County will not have this type of problem in
the future.
Commissioner Wenzel moved, seconded by Commissioner Archer, that
the Report on Audit of the Accounts of the Collier County Board of
County Commissioners serving as the Collier County Port Authority for tJ
8eriod beginning May 1, 1965 and ending February 6, 1974 (dated Septembl
ll, 1978) as pr~pared by the Office of the Auditor General, State of
Florida, be accepted for the record. The motion carried 4/0 with
Commissioner Wimer not present.
.....-,. ,
September 19, 1978
BOARD APPROVES AND AUTHORIZES CHAIRMAN TO SIGN WATER FRANCHISE
SETTLEMENT AGREEMENT RE GOODLAND, INCORPORATED, AS RECOMMENDED
BY STAFF; INITIAL PAYMENT AUTHORIZED IN THE AMOUNT OF $12,500
Utility Director Irving Berzon explained that due to the
"
existence of a franchise held by Goodland, Incorporated for supplying
potable water to Goodland, which he said is not being furnished at
this time, a legal, as well as physical, obstacle prevents the County
from going ahead with the installation of a potable water distribution
system on Goodland which the County is committed to at this point
on behalf of the Goodland district. He said that negotiations have
been ongoing with Goodland, Incorporated for over a year; that the
County Attorney has seen fit to go to court; and, that a suit has
been filed to remove the franchise which it is estimated will take
nine months to one year to resolve. In the intervening time since the
suit has been filed, said Mr, Berzon, an offer has been made to resolve
the issue by paying the amount of $25,000 to Goodland, Incorporated.
In return, continued Mr. Berzon, Goodland, Incorporated will:
1. Remove the franchise when the County has completed
its water system and is ready to serve the area;
2. Continue to serve in the meantime in the same manner
as it is doing now;
and
3. Agree to accept payrnl:!lIt: in two parts - $12,500 when the
Board approves the action, and the other part being when
the County is ready to take over the operations. (Added
by Mr. Berzon - not the operation of their facilities,
but provide the operation through the system which the
County is going to build).
Mr. Berzon said that it is his recommendation, with the County Attorney
0\
concurring, that the Board authorize the Chairman to sign the agreement,
and further authorize the preparation of a check for the initial pay-
ment of $12,50U.
Commissoner Archer moved to accept the recommendation of the County
Attorney and the Utility Director and authorize the Chairman to sign the
Water Franchise Settlement Agreement, and that a draft of the check be
drawn. The motion was seconded by Commissioner Brown.
r,^ Oi
043 p",:~514
:~:'.~;~~~~~.~~~~~~~~~:~:i~~:,r_~~
'..
~-"~"'II,W;';r::;;'7!':~j.7!i.~;~.~\,;_;,~:':;n:::~~ -~~\;"Z:?7:"'J'~~~'~f,ryf:~'";:~/:,";" , '.:':-~7~:~~~~tf;b~.;t'~1~
,,~.~:~:~::
BDCK 043 Pl;:575
September 19, 1978
Commissioner Wenzel inquired as to who set the value with
regard to the franchise with Mr. Berzon responding that the value
was set by the Franchisee. He noted that the value originally set
was well above the figure contained in the agreement and added that
the $25,000 does not represent the value of the franchise as such _
but rather represants a value to the project as a whole in terms of
the time which will be saved and the, legal obstacles which would have
to be overcome in order to get..the water system in the ground.
It was pointed out by Mr. Berzon that the funds will have to come
from the Goodland Water District, noting that in all likelihood it will
not be an eligible item under the FmHA loan and grant, however, the
total project cost may also have some other items which are not
necessarily eligible. All that can be hoped, said Mr. Berzon, is that
it will be regarded as eligible; otherwise, it will have to be picked
up as part of the total project cost.
Upon call for the question, the motion was carried 4/0 with
Commissioner Wimer absent.
*
*
*
*
*
*
* * *
* * *
* * *
* *
*
"'_H '"
j
. ,- - &
September 19, 1978
AMENDED ARTICLES OF INCORPORATION TO THE COLLIER COUNTY AGRICULTURAL
FAIR AND EXPOSITION, INC. - APrROVED, CONTINGENT UPON APPROVAL BY THE
COUNTY'S LEGAL COUNSEL
Mr. George Fraser, President, Collier County Agricultu~~l ~air
and Exposition, Inc., addressed the Board requesting approval of
proposed amendments to the Articles of Incorporation for the organizati
which he said are necessary in order for the non-profit organization
to reapply for tax-free status from the Department of Internal Revenue.
He noted the following suggested Changes to the subject Articles
of Incorporation:
1. ARTICLE II - Paragraph "hit added.
2. ARTICLE IX - First paragraph - Last sentence added.
Second paragraph - added.
3. ARTICLE XI - Added
Commissioner Wenzel inquired if the County Attorney has reviewed
the proposed amendments with Assistant County Attorney Dillon respond in
that, to his knowledge, the Legal Department has not reviewed them,
Mr, Fraser explained that the amendments were written by the Attorney
for the Fair Association,
Commissioner Brown moved, seconded by Commissioner Archer and
carried 4/0 with Commissioner Wimer not present, that the Amended
Articles of Incorporation to The Collier County Agricultural Fair and
Exposition, Inc. be adopted, subject to review and approval by the
County's Legal Counsel.
*
..
..
* .. *
* .. .
. .. .
043 w-578 . ..
p,......... *
..... ~,,< ~: ~ ".,.I1"Y.r?I..J!"'~;~~~;1
<. ..r...........
.. . ..'; ~ ..1
BeCK 043 P/.::583
September 19, 1978
PETITION V-78-26-C BY PETITIONER ROBERT KAVERMAN REQUESTING 12'
DACKYARD SETBACK VARIANCE TO CONSTRUCT A 30' X 15' UNENCLOSED POOL,
ON LOT 13, BLOCK 6, UNIT 2, LELY GOLF ESTATES - ADVERTISING AUTHORIZED
FOR PUBLIC HEARING OCTOBER 17, 1979
Commissioner Archer moved, seconded by Commissioner Brown and
carried 4/0 with Commissioner Wimer absent, that Petition V-79-26-C
by petitioner Robert Kaverman requesting a 12' backyard setback variance
to construct a 30' x 15' unenclosed swimming pool, on Lot 13, Block 6,
Laly Golf Estates Unit 2, be advertised for public hearing October 17,
1978.
PETITION asp 78-2-C, MARCO HIGHLANDS SHOPOWNERS REQUESTING COMBINATION
OF PARKING ON LOTS 7-18 AND 47-57, BLOCK 5, MARCO HIGHLANDS (CONTINUED
FROM 9/5/78) POSTPONED UNTIL 10/10/78
Chairman Pistor said that Petition OSP 78-2-C, by petitioner
I-Iarco Highlands Shopowners requesting combination of parking on Lots 7-1:
and 47-57, Block 5, Barco Highlands, which was continued from September
5, 1978, is being postponed until October lO, 1978 at the request of
the petitioner.
COUNTY MANAGER REPORTS ON PROPOSED USE OF FLORIDA BOATING IMPROVEMENT
PROGRAM FUNDS FOR ARTIFICIAL REEF BUOY MAINTENANCE (CONTINUED FROM
9/l2/78); NO FURTHER ACTION TO BE TAKEN AT THIS TIME
County Manager Norman advised that Parks and Recreation Director
Rollie Rice has met with the committee from the Collier County Anglers
Association with regard to the aftificial reef buoy maintenance proposal
and that he has been in contact with the State over the proposed use
of Florida Boating Improvement Program funds and is encouraged that the
language problems, discussed previously, can be worked out so that these
funds can be used for the project, noting that it will require proper
wording in the application. He said that the committee is working on
revised cost estimates and awaiting the final application forms and
guid~lines which will determine how the application must be submitted.
\-Jhen details have been worked out, said Mr. Norman, the matter will be
brought back to the Board, but for the present there is no further action
to be taken.
..--~,
.
....
September 19, 1978
APPLICATION AND CONTRACT FOR ANNUAL AID FROM THE STATE LIBRARY
OF FLORIDA - APPROVED FOR CHAIRMAN'S SIGNATURE
Commissioner Wenzel moved, seconded by Commissioner Archer 'and
carried 4/0 with Commissioner Wimer absent, that the Application and
Contract for Annual Aid from the State Library of Florida be approved
and that the Chairman be authorized to sign same.
*
*
*
..
..
*
..
*
*
*
*
* * ..
'* * ..
.. .. ..
.. ..
..
1'{,('K 043 P/.::584-
~ ~;":'~~~_~"'.:~~,~,\-~~'~~~:~~C_'\~ -:: 1\: '. ~;.~:....,,-,,~.;.~ ;"
~:f""; ;.~
..."'!....':". .
,. : "~~~,~;~~~~~~;r:i.'
~,:-":'
.... .' rl-,..
\.i3,.~.,_.~...... ~...'I.' ....~.~'....o.
, ~._-,.~.,.,.,.
' \... "," .,.-" .o.,o...." '.:.,' - .~.", _........,.~. ..', ,..-";':.,. I;.' .". . """~"'
,'" ,."",..'_.,..".U" oj. ~,",",t.""',':'!';'~~""..",.:::r,,"'." ,'~~ ~:,"
.l.. ..' .. f'Ol'.~. . . ~,.. ._"''''. "~;, .........,.
' .. , '. -. ',-, -":""~~~::,~~
BCC^
D43 P~:::$7
September 19, 1978
APPEAL BY JACK MAGUIRE OF "FILLING WITHOUT PERMIT" AND "NUISANCE
ABATEl-IENT ORDER" RE TRIANGLE LAKE - WITHDRAWN
County Manager Norman adivsed that the appeal by Jack Maguire
of "Filing Without Permit" and "Nuisance Abatement Order" regarding
Triangle Lake has been withdrawn at the request of the appellant.
Mr. Norman said that Mr. Maguire is meeting further with County
Engineer Barksdale regarding the mat~er. Chairman Pistor observed
that the appollant will have t~ file a further appeal, if he so
dcsires, at a later date.
REQUEST BY MARCO ISLAND JAYCEES '1'0 LOCATE RECYCLING CENTER FOR
NEWSPAPERS ON TRANSFER STATION PROPERTY - APPROVED
Commissioner Wenzel moved, seconded by Commissioner Archer and
carried 4/0 with Commissioner Wimer not present, that the request by
the Marco Island Jaycees to locate a Recycling Center for Newspapers
on the Marco Island Transfer Station property be approved.
..
*
*
*
RECESS: 12:00 Noon until 1:30 P.M.
..
*
*
*
ANNUAL GASOLINE BID '314 AWARDED IN TOTAL TO COMBS OIL, INC.,
NAPLES, FL. IN THE AMOUNT OF $150,069
County Manager Norman explained that on September 12, 1978 the
Board awarded the Gasoline Bid to be divided between Chevron, Inc. and
Combs Oil, Inc.; however, Combs Oil would not accept a partial award.
He stated the matter was again reviewed by the Purchasing Director
who recommends the entire bid be awarded to Combs Oil, Inc, mostly
due to the fact that Chevron is a distributor out of Miami and the
Purchasing Director feels it would be better to purchase locally,
Commissioner Wenzel moved, seconded by Commissioner Brown and
carried 3/1 with Commissioner Archer dissenting and Commissioner
wimer not present, that the annual Gasoline Bid 1314 be awarded in
r-',
~
September 19, 1978
total to Combs Oil, Inc., Naples FL. in the amount of $150,069
as recommended by the Purchasing Director.
REVISED EMPLOYMENT CONTRACT FOR ENVIRONMENTAL CONSULTANT SE~VICES
PROVIDED BY DR. JAY L. HARMIC - APPROVED
County Manager Norman stated the following revisions are
recommended for the Environmental Consultant's renewed agreement
for services provided:
l, Annual compensation be increased from $30,000 to $31,500.
2, That he report to, and his services be coordinated by, the
Director of Community Development in the Planning Dept.
3. That his annual leave be increased from two weeks to 15
days.
Mr. Norman recommended the Board approve said agreement.
Commissioner Archer moved, seconded by Commissioner Brown
that the revised employment contract for environmental consultant
services be approved,
Commissioner Wenzel stressed he is strongly opposed to employment
contracts of any kind.
Upon call for the question the motion carried unanimously 4/0,
Commissioner Wimer not present,
..
..
*
'.
*
*
.. * ..
.. .. ..
.. .. *
- 043~~588 * ..
BeCK ..
!............
:1
. A
..
September 19, 1978
EMPLOYMENT CONTRACT WITH COuNTY ATTORNEY AND UTILITY DIRECTOR _
CONTINUED UNTIL OCTOBER 17, 1978
Utility Director Irving Berzon, speaking on behalf of the
.'
County Attorney and himself, stated that if the request for an
employment contract would create displeasure from the Board, he
is willing to drop the issue as he has never felt any threat to
his position, however, they are requesting the contracts 8S a
"security measure."
Commissioner Wenzel moved that the employment contracts be
further considered and voted on at a time when the full Board is
present. The motion was seconded by Commissioner Brown.
As he had not fully understood the motion at the time it was
made, Commissioner Brown withdrew his second and moved that the
employment contracts be accepted and approved. The motion died
for lack of a second.
Commissioner Archer seconded Commissioner Wenzel's motion to
continue the issue.
Mr. Berzon again stressed that if the matter creates a problem
or reluctance on part of the Board, he is willing to withdraw his
request.
Upon call for the question the motion carried unanimously 4/0
that the item be continued until October 17, 1978.
Mr. Larry Cook, registered speaker, stated the Board should
consider making the employment contracts renewable after 1 year,
for example, in order that the corttract as presently proposed is
not a "Perpetuity" contract.'
EXPENDITURE OF $2,750 FROM THE DISTRICT 2 ROAD CONSTRUCTION ACCOUNT
FOR THE PURPOSE OF A TRAFFIC SIGNAL INSTALLATION AT AIRPORT AND
PINE RIDGE ROADS - APPROVED
County Engineer Clifford Barksdale stated that due to a 40%
increase in traffic at the intersection of Airport and Pine Ridge
BCr.~ 043 P/.::59Z
... .: '-,.~l ~..< . L" "
,:o.'~'~",
em 043 p~:~593
September 19, 1978
Road it is necessary for a traffic signal to be installed at this
time to replace the existing flashing signal. He further stated
that the utilization of existing traffic signal equipment will
substantially ,reduce the cost for the installation and the estimated
cost is $2,750 available within the Distriot 2 Road Construction
Account.
Commissioner Wenzel moved, seconded by Commissioner Brown and
carried unanimously 4/0, Commissioner Wimer not present, that the
. ,
Board authorize the expenditure of $2,750 for the installation of
a traffic signal at the intersection of Airport and Pine Ridge
Roads per recommendation of the County Engineer.
CIIAIRHAN AUTHORIZED TO SIGN NECESSARY CONTRACTS FOR THE EXECUTION
OF PURCHASE AGREEMENT AND LEASE RENTAL AOREEMENTS FOR WORD PROCES-
SING EQUIPMENT (IBM)
Mr. Ted Thorward, Assistant to County Manager, stated the
approved budget for FY 1978-79 provides for certain equipment changes
which should increase the productivity and general usefulness of the
Word Processing Center. He noted the change in equipment is the
System Six information processing equipment to replace the present
Mag Card II's. Mr, Thorward stated the cost is comparable with
pre~ent equipment.
In response to Commissioner Archer's concern about the fact
the particular vendor has no compatible equipment to interface with
the Data Processing equipment, Mr. Thorward stated they have informed
him it is possible they do have some equipment to interface with
the present computer.
Chairman Pistor commented that negotiations are underway with
the City for them to use the County's computer equipment.
Commissioner Archer moved, seconded by Commissioner Wenzel
and ~arried unanimously 4/0, that the Chairman be authorized to
sign the necessary contracts for the execution of a Purchase Agree-
ment and Lease Rental Agreements for the Word Processing Center.
"-'l
..~.. "~' ;..,:.~J;"';':;;"~~..:If~!-.~.',l.'J:'r., ~~ '." ..~~t.:~':'~)o.1:."'~~~~"{'..'~""h.'\/j"~";:~.;:(\...,~ ~. '.. _':::"..{';;'.
;'~~l :~J~~~ ... :~~'~;tir'':''~I~'-;'1;:':'(';.~';' ~~~r~~
:.'-:.;"';
BCC~ 043 p~:: 597
September 19, 1979
REQUEST BY SOUTH FLORIDA WATER NANAGEMENT DISTRICT FOR TWO (2)
WATER WELL PERMITS - APPROVED WITH STIPULATIONS
Utility Director Irving Berzon stated that the South Florida
Nater Management District is applying for permits for two water wells
(6") to be located in the NW ~ of 819, T50S, R26E, which is in the
area of Rattlesnake Hammock Road, to be used for testing and
observation purposes. He further stated the Water Management
,
Board has recommended approval with the following stipulations:
\.
1, That a copy of the driller's log for each well be submitted
to the County Utility Director.
2. That a water analysis regarding water quality as well as
all testing data be submitted to the County Utility Director.
3, That upon completion of the testing program, the well be
capped and plugged if so directed by the WMAB.
Hr. Berzon further commented that the WMAD is going to request
that permits of this nature will not have to come before the Board
of County Commissioners so as not to hold up the process of con-
struction.
Commissioner Archer moved, seconded by Commissioner Wenzel and
carried unanimously 4/0, that the request by SFt1MD for two water
well permits be approved with the stipulations recommended by the
Utility Director,
CHAI~~N AUTHORIZED TO SIGN MAINTENANCE AGREEMENT WITH MODEMS PLUS
INC., FOR COUNTY TERMINAL EQUIPMENT. CHAIm~N AUTHORIZED TO SIGN
ADDENDUMS TO BASIC CONTRACT
Hr. Fred Harks, Data Processing Director, stated the basic
coverage for the terminal equipment is 9 hour coverage, Monday
through Friday, providing parts and labor for all equipment malfunctions
and preventive maintenance. He further stated the annual cost is
$3,240 and is provided for in the budget for the coming year, Mr.
Narks also requested that, after review by the Fiscal Officer, the
Chaiiman sign addendums to the basic contract as additional equipment
is acquired.
"'_.. .,
September 19, 1978
Commissioner Archer moved, seconded by Commissioner Brown
and carried unanimously 4/0, that the Chairman be authorized to
sign the Maintenance Agreement with MODEMSplus Inc., for th~. "
County terminal equipment as recommended by the Data Processing
Director,
Commicsioner Archer moved, seconded by Commissioner Wenzel
and carried unanimously 4/0, that the Chairman be authorized to
sign an addendum to the basic contract to acquire new equipment.
..
*
*
*
*
*
..
..
*
* .. ..
'.
* * ..
.. .. *
.. ..
*
BGrK 043 Pl::Sgg
. . . - ,
. .:.. ;,:;-< -;~".~.:.~~ 7~~-:-i' .:~~;.: -;:~~-:"~~'..... .,
'.., ....,
. -", ,..
J
September 19, 1978
CHAIRMAN AUTHORIZED TO SIGN MAI~TENANCE AGREEMENT WITH FLORIDA
COMPUTER INC., FOR SOFTWARE
Data 'Processing Director Fred Marks explained the proposed
maintenance agreement with Florida Computer, Inc. is for 8 hour
coverage, Monday through Friday, for the corrections of program
errors and research of suspected program errors for the Data Boss
II as well as the upgrading of same. He noted the annual cost is
$3,150 per year.
Commissioner Archer moved, seconded by Commissioner Wenzel
and carried unanimously 4/0, that the Chairman be authorized to
sign Maintenance Agreemeu: with Florida Computer Inc. for the
Data Boss II as recommended by the Data Processing Director.
"
"
'"
'"
*
*
*
*
*
* * " ..
* .. ..
* * ..
.. ..
*
BGCK 043 Pt.:: 604
j
September 19, 197B
COMMISSIONER AHCHER APPOINTED AS MEMBER TO CANVASSING BOARD FOR
RUN-OFF ELECTION OF OCTOBER 5, 1978
Chairman Pistor stated he will not be present for the run-off
vote of October 5, 1978 and needs to appoint someone to the Can-
vassing Board in his place.
Com~issioner Archer volunteered to be a member of the Can-
vassing Board.
At the suggestion of the Assistant County Attorney Ron Dillon,
Commissioner Wenzel moved, seconded by Commissioner Brown, that
Commissioner Archer be appointed to the Canvassing Board for the
run-off election of October 5, 1978. Motion carried unanimously
4/0,
COMMISSIONERS ARCHER AND BROWN APPOINTED AS ALTERNATES FOR THE
RE-COUNT OF THE VOTES OF PRIMARY ELECTION
Commissioner Wenzel moved, seconded by Commissioner Brown
and carried unanimously 4/0, that Commissioners Archer and Brown
be appointed as alternates for the re-count of the votes of the
primary election,
LETTER DATED 9/7/78 FROM COLLIER COUNTY HISTOCIAL SOCIETY RE
EFFORTS TO PROVIDE Jo'OR THE LABORATORY/WORKSHOP OF DR. FRANK
C. CRAIGHEAD
Administrative Aide to the Board Mary Morgan noted the
receipt of a 19tter dated 9/7/78 from Mrs. Earl, president of the
Collier County Historical Society, regarJing their trying to properly
provide for disposition of the laboratory/workshop of Dr. Frank C.
Craighead, the authority on ~he Everglades. She further explained
the lab has been willed to the Society and they would like to place
it in back of the Museum.
The Chairman directed the matter be referred to tile County
Manager for investigation and recommendation as to appropriate action
for the Board.
BGC~ 043 p~::606
, . ,
, , ,', :'.. ,;=-, ; ,.'-'. '.: '..', ' '.' , .',' ',,: ,'" "'~' ., ,'. ':' ',. ';,,:, ",..' ,.,:.,,;.:_'.~;g:,,;:;,,:i
~... . ,._.-,..,.~......:~-~i.a...'~~.,"",~~.:.J.......;;.h,..~::.J....~......:Ill.:f""W\..;,.''''''t"...~.- l.:...~..:.z:-.. ..o .,..,~-*....-,;:';'h..-,:-~ _h_...:i:-:t
..., ,........... ...~--."r:-~...iIr"I..----.~~'i':iir.i.......'I....~~_.... "e,- ~'. "C- .........._ ..., ___,~_. ,"'~ .".' _"""~_"';!I. .~'", ...._~.,_-=-.. _~ ",
-..."" '."; '--
. " '" ; ';";",II.~";.i...."......~~~"'",-~
.~ +'"Il". ....r'l.-__
. .......... .'\:;.
~cc~ 04a f~:: 601
September 19, 1978
LETTER TO SENATOR STONE FROM DEPT. OF INTERIOR RE FEDERAL ASSISTANCE
WITH THE DRUG ENFORCEMENT PROBLEM IN COLLIER COUNTY
Chairman Pistor noted the receipt of a copy of a letter dated
8/31/78 to Senator Stone from the U.S. Dept. of Interior about
present proposed legislation which may have an affect upon the
amount of federal funds which Collier County receives under PL94-565
(Payments-in-Lieu of Taxes). He noted this is in response to the
curlior request for federal assistance with respect to the drug
.
enforcement problem in Collier County.
, ,
SHERIFF FILES PRECINCT NUMBER OF NEW DEPUTY CURTIS J. SMALLWOOD
As required by Florida Statute 30.08 the name and precinct
Number 1 for new Deputy Curtis J. Smallwood was filed for the record.
MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED
There being no objection, the Chair directed the following
correspondence be filed and/or referred to the various departments
as indicated below:
l. Letter dated 9/11/78 from Drs, Beryl & Maurice L. BiShOp
re the continuance of street lighting on Inlet Drive -
Copy of Petition referred to Engineering Dept; filed
2. Copy of a petition received on 9/13/78 for road improvement
of Price Avenue in Immokalee - Referred to Engineering Dept.;
filed.
3. Copy of letter dated 9/12/78 from the attorney representing
David L. Reeves, Golden Gate Fire Chief, re hi3 claim for
workmen's compensation - XC to Personnel Director, County
Manager, and County Attorney; filed.
4. Letter dated 9/5/78 from the Corps of Engineers re the Wiggin~
Pass project - filed.
5. Letter dated 9/12/78 from Insurance Services Officer re the
additional information on the grading of the Golden Gate
Fire Control District - xc to Chief Reeves; filed.
6. Letter received 9/14/78 from David S. Zometsky re incident in
which he was involved recently and could not contact the East
Naples Fire Dept. personnel - filed.
7, Letter dated 9/11/78 from Dept. of Community Affairs re the
modifications of the State's Title II and VI grant programs -
xc to Anne Hora; filed.
,..--',
September 19, :978
8, Letter dated 3/13/78 from Dept. of Community Affairs re
the State's Title I grant for FY 1979 - xc to Anne Hora; filed
9. Report dated 9/12/78 from DER re the status of the 201
Facility project - xc to Utility Director; filed
"
"
lO. Monthly report from Lee County Electric re Marco Lighting
District - xc to Engineering; filed
11, Monthly report from Lee County Electric re Immokalee Lighting
District - xc to Engineeringl filed
12, Report dated 9/15/78 from SFWMD on the millage being levied
withing the district and the sub-district Big Cypress Basin
Board - Filed,
l3. P.S.C. Notice: Docket #780698-CCB in application of Tamiami
Trail Tours, Inc. d/b/a/ Trailways for transport passengers,
etc, between certain points in Florida; filed
l4. Copy of monthly project report for August, 1978 re Homemakers
Service - filed
15. Certificates certifying to the lands within Collier County
lying within the boundaries of the SFWMD and resolution adoptil
the budget for FY 1978-79 and millage rate for property involv(
- xc to Utility Director; filed.
DEPUTY CHIEF BARNETT DIRECTED TO LOOK INTO MATTER CONCERNING THE
N4ENDING OF AN ORDINANCE ESTABLISHING CERTAIN HOURS FOR THE
PURPOSE OF SELLING ALCOHOLIC BEVERAGES (BEER) IN IMMOKALEE
Commissioner Brown stated the marina at Lake Trafford is
requesting to sell beer on Sunday mornings but under present law is
unable to do so. He requested Deputy Chief Raymond Barnett to look
into the situation.
Mr. Barnett noted the ordinance in question was written based
on Commission districts and the ordinance would have to be amended.
Assistant County Attorney Ron Dillon noted the item will have
to be advertised for a public hearing.
The Chair directed the matter be brought back on October 17, 1978.
*
..
..
*
Meeting recessed at 2:40 P.~I. to reconvene at 7:30 P.M.
*
*
..
*
80CK 043 Pt.:: 608
. ... ...t '--',.......~ .':i:'..t.~~J,.:"~:..",,:~..'t,'-...,.. .~, ..,...~ _",.~ ", ':
.'-;....,.....,......l.'w
BeCK 043 Pt,:: 609
September 19, 1978
The Board of County Commissioners reconvened at 7:30 P.M.
in Building "F" of the Courthouse Complex with the following
membors present:
CHAIRMAN: John A. ~istor
Thomas P. Archer
Clifford Wenzel
ABSENTI David C. Brown, Vice-Chairman
. C. R. "Russ" Wimer
ALSO PRESENT: tiilliam J. "Reagan, Clerk, Harold L. Hall, Chief
Deputy Clerk/Fiscal Officer; Jean Swindle, Deputy Clerk; Clifford
Barksdale, County Engineers and Mary Morgan, Administrative Aide to
the Board.
COLLIER COUNTY LIGHTING DISTRICT TAX INCREASE - FIRST PUBLIC HEARING
HELD ACCORDING TO FLORIDA STATUTES - SECOND PUBLIC HEARING FOR 9/26/73
AUTHORIZED FOR ADVERTISING
Legal notice having been published in the Naples Daily News on
September ll, 1978 as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to hear the first of two required
public hearings re~ardiq the 56.0% increase in property taxes for the
Collier County Lighting District for the FY 1978-79.
Fiscal Officer Harold Hall gave an explanation for the increase as
being necessary due to increased operating costs and some non-recurring
costs in the present year (these costs exceeded those monies which had
been budgeted and required a $10,000 loan bein~ negotiated in addition
to the smal~ cash carryover from the district's limited account) and
increased operating costs in the coming year. The millage rate for
the present year, 1977-78, is ,3496 mills while the certified millage
rate for the year 1978-79 will be .4665 mills to bring in the same
amount of dollar revenue. This is in accordance with the formula
that is set forth in the Florida Statutes for the Property Appraiser
to use his calculations, Hr. Hall explained, in determining the millage
rate for certification to
,..-'-,
1 '
September 19, 1978
the Board of County Commissioners. The recommended millage rate for
. "
the coming year will be .7278 which is double the current rate, and
is 56.0% above the certified millage rate of .4665 mills, he
concluded,
Mr. Claude Miller, resident of Golden Gate Estates, asked for
the idontification of all those areas included in the Collier County
Lighting District to which Mr. Hall replied as follows:
1. Golden Gate
2. Westlake
3. Riviera Colony
4. Poinciana Village
5. Henderson Drive
6, Rock Creek
7. Gulf Shore
8. Lakeside
9, Naples Mobile Estates
lO. Palm River
ll. Coconut River
County Engineer Barksdale indicated each area on a map for the benefit
of Mr. and Mrs. Miller.
There being no other persons registered to speak, Commissioner
Wenzel moved, seconded by Commissioner Archer and carried 3/0 with
Commissioners Brown and Wimer absent, to close the public hearing,
Chairman Pistor stated the second public hearing, as required by
Florida Statutes, is scheduled for TueSday, September 26, 1978 at
9:00 A.M. in Building "F" of the Collier County Courthouse.
Commissioner Archer moved, seconded by Commissioner Nenzel and
carried 3/0 with Commissioners Brown and Wimer absent, that the second
public hearing regarding the'Collier County Lighting District tax
increase be authorized for advertising for public hearing on Tuesday,
September 26, 1918 at 9:00 A.M. as prevously stated.
There being no further business to come before the Board, the
, '
..,
meeting was adjourned by order of the Chair at 7:55 P.M.
BOARD OF COUNTY COMMISSIONERS/EX OFFICI
GOVERNING BOARD(S) OF SPECIAL DISTRICTS
UNO R ITS CONTROL, ,] ~
(]. -fJ.MJ lit
A. PI TOR, CHAIRMAN
\ \,(J ,j;
," ,
"'1:'1
.
','
BSC~ ..
" -, .".....
. ...._*.k-t-.~:?'.:~~-t-~ ~:~~:~. :.;~~ai.~~.~~At;; :.~.~,'~~.~~~~~t~~~~~~:. ':~,;.~~_~~'...;~ . ~..~. .;.;,.: :;Z:~Z;~o-~~~...~~~;~~.;~:~,