BCC Minutes 10/10/1978 R
Naples, Florida, October 10, 1978
LET IT BE REMEMBERED, that the Board of County Commissioners
in and for the County of Collier, and also acting as the GovernIng
Board(s) of such special districts as have been created according
to law and having conducted business herein, met on this date at
9:00 A.M. in Regular Session in Building "F" of the Courthouse Complex
with the fOllowing members present I
CHAI RMAN I John A. Pistor
VICE-CHAIRMAN I David 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 Jean Swindle
(1:30 P.M.), Deputy Clerks, C. William Norman, County Manager,
Donald A. Pickworth, County Attorney, Irving Berzon, Utility Director;
Neno Spagna, Director of Community Development, Carl Clemmer, Zoning
Directorl Clifford Barksdale, County Engineer, Ray DUlaney, Bt1ilding
Director; Mary Morgan, Administrative Aide to the Board, and Deputy
Chief Raymond Barnett, Sheriff's Department.
AGENDA
BOARD OF COu~TY COMMISSIONERS
FINAL AGENDA
October 10, 1978
REQUESTS TO ADDRESS THE BOARD OF COUNTY COMMISSIONERS, WHICH ARE NOT
ON THIS AGENDA, WILL BE HEARD AT 11:00 A.M.
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1. INVOCATION
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDA
4. APPROVAL OF MINUTESI Special meeting, 9-13-78, Regular
meetings 9-19 and 9-26-78.
5. PROCLAMATIONS & PRESENTATIONS OF AWARDS
8:C~ 044 p~:: 76
8CQK 044 r~~: &1
October 10, 1978
AGENDA - APPROVED WITH ADDITIONS AND DELETIONS
The following items were added to or deleted from the agenda,
as noted:
1. Emergency Ordinance amending Collier County Ordinance
78-02 by eliminating septic tanks from the list of
specialty contractors, and providing for an effective
date - Added.
2. Emergency Ordinance amending Collier County Ordinance
7B-02 by providing for an extension of time within which
to renew validly issued certificates of competency _
Added.
3. Request for Advertising an ordinance amending Collier
County Ordinance 7B-02 by providing for Mobile Home
Installation Contractors - Added.
4. Status Report re CETA Agreement - Added.
S. Recommendation for approval of Petition OSP-78-2C,
Marco Shopowners requesting combination of parking on
Lots 7-l8, and 47-57, Block 5, !~rco Highlands (continued
from 9-5 and 9-l9, 78 agendas) - Deleted.
6. Resolution creating Industrial Development Authority _
Deleted.
7. Discussion of emergency item re problem with widening
of Airport Road - Added.
Commissioner Wenzel moved, seconded by Commissioner Brown
and carried 5/0, that the agenda be approved with the above-
referenced additions and deletions.
f.lINUTES OF SPECIAL 1-IEETING OF SEPTEMBER 13, 1978, REGULAR 1.IEETINGS
OF SEPTE~mER 19 AND 26, 197B - APPROVED AS PRESENTED
Commissioner Nenzel moved, seconded by Commissione\- Archer and
carried unanimously 5/0, that the minutes of the Special Meeting of
September l3, 197B, and of the Regular Meetings of September 19 and
September 26, 197B, be approved as presented.
SERVICE AWARDS PRESENTED TO COUNTY E"~LOYEES
Commenting that the County appreciates the work done by the
em~loyees to be recognized and that their terms of service have
made it possible for the County to provide citizens of the County
with the services that they have asked for and expect, Chairman
Pistor presented the following service awards:
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October 10, 1978
1. Barney Hatcher - l5 years
2. Elbert Murphy - 5 years
3. Ellis Horne - 5 years
4. Allie Fuller - 5 years
5. Myron Sherman - 5 yoars
6. William Perkins - 5 years
7. Lowell Derreberry - 5 years
8. Neno Spagna - 5 years
9. Henry Albright - 5 years
lO. Paul Boggs - 10 years
It was noted that all of the recipients of the awards were
present to receive them.
RESOLUTION 78-153 HONORING JUDGE HAROLD S. SMITH - ADOPTED, PORTRAIT
OF JUDGE SMITH UNVEILED - TO BE PLACED IN THE COURTROOM AREA OF THE
GOVERNMENT COMPLEX
Following the reading of Resolution 78-153 honoring Judge
Harold S. Smith by Vice-Chairman David Brown, Commissioner Wimer
moved its adoption. The motion was seconded by Commissioner Brown
and carried unanimously 5/0. Judge Smith expressed his appreciation
to the people of Collier County for permitting him to be a part of
the community, and for the recognition being bestowed upon him.
A portrait of Judge Smith was unveiled by Chairman Pistor
who announced that the portrait would be placed in the courtroom
area of the government complex to remind all viewers of the esteem
in which Judge Smith is held.
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044 p~: 82 *
8~C~
October 10, 1978
RESOLUTION 7B-154 PROCLAIMING WEEK OF OCTOBER B-14, 1978 AS "LM~
ENFO\{CE~lENT l~EEK" - ADOPTED
Chairman pistor read the proposed joint resolution by the Board
of County Commissioners and the Naples City Council wherein the
week of October 8-14, 1978 is proclaimed "Law Enforcement Week".
Commissioner Wimer moved, seconded by Commissioner Archer and carried
unanimously 5/0, that Resolution 78-154 be adopted.
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&jCK 044 Pt.:: 84-
October 10, 1978
CHAIRMAN REQUESTS OFFER OF HOUSING FOR REPRESENTATIVES FROl-l ESPINAL,
COLOMBIA ATTENDING THE SISTER CITY PROGRAM ON OCTOBER 2l-23, 1978
Chairman Pistor explained that the sponsors of the Sister City
Program are encountering difficulties obtaining accommodations for
persons from Espinal, Colombia who will be arriving in the area to
participate in the Sister City Program to be held in Naples on
October 2l-23, 1978. He requested that any individual willing to
provide space in his home for this purpose contact the Program Sponsor
in order to help carry out the program which has been established.
SOCIAL SERVICE CASE W 4718 - APPROVED
There being no questions forthcoming, Commissioner Archer
moved, seconded by Commissioner Wimer and unanimously carried, that
Social Service Case No. W-47l8 be approved.
ORDINANCE 78-48 TO ESTABLISH NEloJ BOUNDARIES FOR COLLIER COUNTY FIRE
CONTROL DISTRICT 11 - ADOPTED
Legal notice having been published in the Naples Daily News
o n September 20, 1978 as evidenced by Affid~vit of Publication filed
with the Clerk, public hearing was opened to consider a proposed
ordinance to establish new boundaries for the Collier County Fire
Control District 11.
Having ascertained that there were no persons registered to
speak on the matter, Commissioner Wimer moved, seconded by Commissioner
Wenzel and carried unanimously, that the public hearing be closed.
commi.ssioner Wimer moved, seconded by Commissioner Wenzel,
that the Ordinance as numbered and titled below be adopted anu entered
in Ordinance Book No.8. Motion carried unanimously.
At the request of Commissioner Archer, County Uanager Norman
explained that the Ordinance will amend the boundaries of Fire Control
District Il to allow for statutory changes in the North Naples
B:C~ 044' Pt.:: 86
BeCK 044 rf.~: 81
October lO, 1978
Independent Fire Control District, which has assimilated a portion
of Fire Control District Il, and to exclude the area being incorporated
into the Isles of Capri Municipal Fire Services Taxing District.
COLLIER COUNTY ORDINANCE NO. 78-48
AN ORDINANCE TO AHEND O?-9INANCE NO. 75-9 AS MlENDED
BY ORDINANCE 76-59 TO ES7nBLISH NEW BOUNDARIES FOR
COLLIER COUNTY FIRE CO~:BOL DISTRICT (11.
ORDINANCE 78-49 TO ESTABLISH NEW ISLES OF CAPRI MUNICIPAL FIRE
SERVICE TAXING DISTRICT - ADOPTED
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Legal notice having been pUblished in the Naples Daily News on
September 14, 1978, and in the ~tarco Island Eagle on September 2l,
1978 as evidenced by Affidavits of Publication filed with the Clerk,
public hearing was opened to consider a proposed ordinance creating
the Isles of Capri Municipal Fire Services Taxing District.
Hr. Joseph Podesta, Isles of Capri Fire Department, inquired if
the proposed district will be restricted to $20,000 cap with regard
to taxation. County Attotney Pickworth responded by stating that the
distrbt will be limited to one mill, and Chairman Pistor commenting
that there is no dollar limit, noting that sufficient taxes to fund
the budget can be levied not exceeding one mill.
There being no additional persons registerd to be heard, Com-
missioner Wimer moved, seconded by Commissioner Wenzel and carried
by unanimous vote, that the public hearing be closed.
Commissioner Wimer moved, seconded by Commissioner Wenzel and
carried 5/0, that the ordiance as numbered and titled below be adoted
and entered in Ordinance Book No. B.
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October 10, 1978
O\{DIt\:\~:CF. 78-1,9 _
AN OIWINANCJo: CREATU:C THE IS1.ES Ol~ CAPRI IIUNICIPAL
FIRE SI::RVICES TAXING i:>ISTRICT, PROVIDING THE
nOUNDA'UES OF 'rIlE DISTRICT; DESIGNATING TilE
GOVERNING BODY OF THE DISTRICT, AUTHORIZHW A TAX
LEVY or UP TO ONE MILL; PROVIDING FOR CO~STRUCTION
AND AN EFFECTIVE DATE. .
ORDINANCE 78-50 TO ~mND COLLIER COUNTY STREET LIGHTING ORDINANCE
72-1 TO INCLUDE THE NAPLES MANOR STREET LIGHTING DISTRICT - ADOPTED
Legal notice having been published in the Naples Daily News on
September 20, 1978 as evidenced by Affidavit of Publication filed
with the Clerk, public hearing was opened to consider a proposed
ordinance to amend the Collier County Street Lighting Ordinance 72-l
to include the Naples Manor Street Lighting District.
County Engineer Barksdale explained that at the request of the
property owners in Naples Manor, a petition has been received for
the creation of a street lighting district in the area. He pointed
out that the petition did not contain the required number of signatures
that is 50% plus 1, noting that out of the 1475 properties within
Naples Manor there were only 90 signatures on the petition.
However, said Mr. BarkRdale, the petition has received the support
of the civic association for Naples Manor and that they have been the
main force in requesting the creation of the district. Regarding
the cost, Mr. Barksdale said that estimates have been received from
Florida Power & Light Co. and the cost will be approximately $9.00
per year per property.
Commissioner Wenzel inquired of Mr. Barksdale if he is sure the
proposed district reflects the wishes of the majority with Mr. Barksdale
responding in the negative. Continuing, Commissioner Wenzel recalled
that a complaint has been received from another area of the County
BCCK 044 p~~: 88
BSC~ 044 p~:: 89
October 10, 197B
where a lighting district was approved recently which states that
the action did not reflect the wishes of the majority and that the
matter should be placed on the ballot. The Commissioner stated .that
where there is any doubt as to majority in a case such as this, he
would prefer putting the issue on the ballot to let the people
decide, noting his desire not to force matters such as this.
Speaking in support of the district, Mr. Frank Comito, Naples
Hanor resident, stated that, in his opinion, the majority of the
people are in favor of the district and that the reason for the low
turn-out on the petition is due to the large number of renters and
vacant lot property owners.
Ms. Mary L. Rabe, property owner and Director of the Naples
Hanor Crime Watch Association, stated that street lighting will
help fight the crime rate in the area by making it more difficult
for lawbreakers to flee from protective custody.
/'ols. Harilyn Malinowski, Naples l-Ianor property owner, commented
that only twr of the property owners on her street live in Naples
Manor and detailed the steps she has taken to obtain permission to
"post" the vacant properties for "No Trespassing", and the like.
She also noted that she keeps the lots mowed for purposes of
protection. Ms. Malinowski suggested that those property owners
who do not want to have street lighting move to the area so that
they may have a vote on the matter but to "let those who live here
be allowed to have them".
Mr. Terry Zipes, property owner in Naples Manor, explained
lhat he was chairman of the committee to obtain the street lighting
for the community and noted that more signatures could have been
obtained but, due to the large number of mUltiple-lot owners, the
number of signatures was brought down to 90. He said that all of
the property owners who live in the area full time are definitely in
favor of the project.
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October 10, 197B
There being no further persons registered to speak, Commissioner
Wenzel moved, seconded by Commissioner Wimer and carried 5/0, ~hat
the public hearing be closed.
Commenting that if there is any "flak" the matter can go to a
referendum, Commission Wenzel moved for adoption of the Ordinance
as numbered and titled below and that it be entered in Ordinance Book
No.8. The motion was seconded by Commissioner Wimer and carried
by unanimous vote 5/0.
ORDINANCE NO'1 7B~50
AN OHDINM'CE ANi':NDI!:':; ORDINANCE NO. 72-1
DY ADDING CEHTAW Li\:-:DS OF NAPLES f.11\:~OR
SUDDIVISION TO TilE: COLLIER COUNTY LIGII'rING
DISTRICT, PROVIDI~G FOR CONSTRUCTION, AND AN
Jo:FFECTIVr:; DATE
ORDINANCE 7B-5l RE PETITION R-7B-l9-C, YMCA, REQUESTING REZONING
FHO!" "GC" TO "RO" ON TRACT A, UNIT 25, MARCO BEACH SUBDIVISION _ ADOPTEI
Legal notice having been published in The Naples Star on
September 8, 1978 as evidenced by Affidavit of Publication filed
with the Clerk, public hearing was opened to consider a proposed
ordinance regarding Petition R-7B-19-C by the YMCA requesting rezoning
from "GC" to "RO" on Tract A, Unit 25, ~!arco Beach Subdivision.
Dr. Neno Spagna, Director of Community Development, located the
tract in question on the blueprint displayed and stated that prior
to 1974 the YMCA was a permitted conforming use in the Golf Course
District; however, when the new zoning ordinance was adopted, recrea-
tional facilities of this type were removed from the "GC" District.
He noted that the present YMCA is a non-conforming use and cannot be
expanded and recommended that the property be rezoned from "GC" to
"RO".
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8COK
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October 10, 1978
There being no persons registered to address the rezoning
'matter, Commissioner Wenzel moved, seconded by Commissioner Archer
and carried unanimously 5/0, tha~ the public hearing be closed.
Commissioner Wenzel moved, seconded by Commissioner Archer
and unanimously carried 5/0, that the ordinance as numbered and
titled below be adopted and entered in Ordinance Book No.8.
ORDINhNCC 78 - ~
l\N ORDINl\NCC l\IU':ND!~G ORDINA..~CE 76-30 TilE
CONPREIIENSIVC Zorlli';G nEGULATIOliS FOR Tilt:
UNINCORPORl\TED AP.EA OF TilE COJlSTJ\L l-.REA
PLANNING DISTRICT Bi' ANENDING TilE ZO~lING
ATLAS 1,IAP NUMBER NI-5 BY nEZOHING THE
FOLLOI'lING DESCRIBED PROPERTY FROM "GC"
GOLF COURSE TO "RO" RECRl:ATION OPEN SPACA:::
TRACT 1\, UNIT 25, HARCO BEACH SUBDIVISION
1-lIIICII IS LOCATED m; SAN 1-1ARCO ROAD 1l1'iD
GULFSTREAM STREET &~D BY PROVIDING ~1
EFFECTIVE DATE.
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RESOLUTION 78-l55 RE PETITION PU-78-18-C, YMCA, REQUESTING PUCl5) OF
TIlE "RO" ZONING DISTRICT FOR YMCA FACILITY ON TRACT A, UNIT 25, MARCO
DEACH SUBDIVISION - ADOPTED WITH STIPULATIONS, AGREEl-tENT BY PETITIONER
TO STIPULATIONS - ACCEPTED, INCLUDING AGREEMENT TO MODIFICATION OF
LANDSCAPING STIPULATION
It was noted for the record that Petition PU-78-18-C, by the
YMCA, requesting PUCl5) of the "ROil Zoning District for expansion
of the YMCA facility on Tract A, Unit 25, Marco Beach SUbdiVision,
was discussed in detail during the public hearing on Ordinance 7B-5l
just concluded.
Dr. Neno Spagna, Director of Community Development, explained
that Petition PU-78-lB-C was heard by the COastal Area Planning
Commission on September 7, 1978 with six members present and it was
recommended for forwarding to the Board with a recommendation of
approval subject to staff stipUlations. He noted that subsequent
October 10, 1978
to that hearing, the petitioner has requested some minor changes be
made with respect to the timing of putting in the required land~
scaping along the northern property line, noting that he (Dr. Spagna)
has no objection to granting the request as long as the subject land-
scaping gets installed. The request, said Dr. Spagna, would amend
Stipulation 1 of the proposed resolution and would read as follows:
itA continuous vegetative landscaped buffer' strip shall be
provided along the north, east, and south property lines.
The buffer along the northern property line must be com-
pleted prior to oooupancy of phase one building, and that
the remaining east and south side vegetative buffer strip
be in place no later than occupancy of the final development
or approval phase whichever occurs first."
Commissioner Wenzel moved, seconded by Commissioner Wimer and
carried unanimously 5/0, that Resolution 7B-155 re Petition PU-78-l8-C
by the Yf.ICA, requesting Provisional Use (15) of the "RO" District for
a YMCA facility on Tract A, Unit 25, Mar~o Beach Subdivision be
adopted with staff stipulations, as amended, and that the agreement
by the petitioners to the stipulations be accepted.
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October 10, 1978
ORDINANCE 78-52 RE PETITION R-7B-13C, WILLIAM JONES, REQUESTING
REZONING FROM "RM-l" TO "GRC", ON LOT 36, NAPLES GROVE & TRUCK
COMPANY LITTLE FARMS - ADOPTED
Legal notice having been published in The Naples Star on
August 25, 1978 as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider a proposed ordinance
regarding Petition R-7B-l3C, by William Jones, requesting rezoning
of Lot 36, Naples Grove & Tt'I1Ck Company Little Farms from "RM-l"
to "GRC".
Dr. Neno Spagna, Director of community Development, located
the parcel in question on the map provided, stating that the property
is presently zoned "GRC" in the immediate surrounding area and the
request is to rezone the subject property the same. He said it is
recommended that the rezoning be approved.
There being no persons registered to speak, Commissioner Wenzel
moved, seconded by Commissioner Wimer and unanimously carried 5/0,
that the public hearing be closed.
Commissioner Wimer moved, seconded by Commissioner Wenzel and
carried unanimously 5/0, that the ordinance as numbered and titled
below be adopted and entered in Ordinance Book No. O.
ORDINANCI; 78 - .2L
l\N ORDIN~~CE l\MJ::NDIN'G OnDINANCr; 76- 30 'mE
COHPHEIIENSIV.c ZONING R};ClJLATIOfIS FOR 'fl:C
UNINCORPORATED ARr:l\ OF TilE COhSTJ'.J. AREA
PLANNING DISTRIc'r BY 1\NENUIUG Tm: zo:m':G
ATLAS fo11\P NUN.DER 50-25-1 BY REZOIlIUG TilE
FOLLONING DESCIUBED PROPERTY FROll. JU.'1-1
1-IULTI-E:ANILY TO GRC-GEUER1\L RETAIL Co:-:-
l.IERCIAL \-llIICH IS LOCATED NOR'l'H OF TIiE
CHEVRON AND SHELL STATIONS ON THE EAST
'fRAIL AND SHAOONLANN DRIVE: PART OF LOT
36, NAPLES GROVE & TRUCK COl-1PANY f S LITTLE
Fl\ru~S NO.2, PB 1, PAGE 27 N~D BY PROVIDING
AN EFFECTIVE DATE.
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October lO, 1978
RESOLUTION 7B-l56 RE PETITION PU-78-l3C, WILLIAM JONES, REQUESTING
PROVISIONAL USE ll) OF THE "GRC" DISTRICT FOR A SHOPPING AND MEDICAL
CENTER ON LOT 36, NAPLES GROVE AND TRUCK COMPANY LITTLE FARMS _
ADOPTED WITH STIPULATIONS, AGREEMENT BY PETITIONER TO STIPULATI6NS _
ACCEPTED
It was noted for the record that Petition PU-7B-l3C, by petitioner
William Jones, requesting PUll) of the "GRC" District for a shopping
and medical center on Lot 36, Naples Grove and Truck Company Little
Farms, was discussed in detail during the public hearing on Ordinance
78-52 just concluded.
Dr. Neno Spagna, Director of Community Development, stated that
the petition for provisional use is a request to permit a shopping
center of more than 25,000 square foot gross floor area. He said
that the Coastal Area Planning Commission held a public hearing on
the petition August l7, 197B with 7 members present and recommended
approval subject to the staff's stipulations which have been agreed
to by the petitioner.
Following brief discussion, Commissioner Wimer moved, seconded
by Commissioner Wenzel and carried unanimously 5/0, that Resolution
7B-156 re Petition PU-7B-13C, William Jones, requesting Provisional
Use II) of the "GRC" District for a shopping and medical center on
Lot 36, Naples Grove and Truck Company Little Farms be adopted with
staff stipulations, and that the agreement by the petitioner to the
stipulations be accepted.
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r,:c\ 044 Pt,:: 98
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October 10, 1978
PUBLIC HEARING RE PETITIONS R-78-l4C AND SMP-78-6C, GATH, INC.,
REQUESTING REZONING AND MASTER PLAN APPROVAL FOR "TALL PINES"
PROJECT TO BE LOCATED IN SECTION 12, T49S,R25E _ CONTINUED
PENDING FURTHER REVIEW BY WMAB, AND SUBSEQUENT REC01~NDATION
Legal notices having been published in The Naples Star on
August 25, 1979 and in the Naples Daily News on September 22, 1979
as evidenced by Affidavits of Publication filed with the Clerk,
pu~lic hearing was opened to consider a proposed ordinance regarding
Petition R-78-14C requesting rezoning from "A" to "RS-3" and "cc"
for parcel located in Section 12, Township 49 South, Range 25 East,
and Petition Sl-1P-79-6C requestinq Master Plan approval for "Tall Pines"
development to be located on the above-referenced property.
Dr. Neno Spagna, Director of Community Development, explained
that the request is for rezoning the property into a single family
subdivision with l25 single family lots at 1.76 units per acre with
a 2+ acre parcel of "cc" zoninq. He said that the petition was heard
by the Coastal Area Planning Commission on Auqust 17, 197B with 7
members present and that the vote was 4/3 for a reCommendation of
approval. He pointed out that the reason for the split vote was due
to there being some question about the need for the commercial
property on the site; some members of the opinion that there were
sufficient commdrcial facilities within the immediate surrounding
area that would serve the community, and that the rezoning could start
a trend toward more commercialization along Airport Road. Dr. Spagna
stated that, based on the Comprehensive Plan presently being worked
on, he would recommend that the "cc" zoning not be granted.
In response to ~Ir. l<ris Dane, Engineer for tho developer, Dr.
Spagna said that both the Rezoning and the Haster Plan petitions
would be considered during the hearing, however, he said that rezoning
has to take place first before the Subdivision Master Plan can be
approved.
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October 10, 197B
Chairman Pistor stated that it was his understanding that
the ~laster Plan was supposed to be resubmitted to the Water
Management Advisory Board to make sure that the drainage and
everything with respect to the water facilities were taken care
of before it was brought before the Board. It was Commissioner
I~enzel' s suggestion that the petitioner be given additional time
to take care of those matters before the Board acts upon the petitions.
Hr. Dane commented that the proper procedures have been followed,
noting that the WMAB reviewed the petitions on July l2, 197B and,
subsequent to that, the Subdivision Committee, knowing about the
Wl~D's recommenation, recommended the approval of the Subdivision
Haster Plan. He stated that to withdraw the matter at the "llth
hour" was a "little late in the game to change the ground rules."
Further, said Mr. Dane, a staff recommendation has been received
showing that the project was going to be recommended for approval.
Utility Director Irving Berzon corrected Mr. Dane's comments
by stating that a check of the records would show that the Subdivision
Committee reviewed the proposed development prior to the \~mB's review
and it was said that, only to the extent that if the project was going
to be approved, their comments were contingent upon the approval of
the Master Pl~n by the WMAB. He added that the M.mB, without any
doubt and to a member, did not approve the Master Plan for the project.
He said that the error, if there is one, rests with him in the omission
of a word used in transmitting the action of the WlmB to the Planning
Department whereby he neglected to use the word "Master" in front of
the word "Plan". ~tt. Berzon recalled that Mr. Dane was in attendance
at the l~ meeting on July 12, 1978 when the project was discussed
and should be aware that there was nothing about the project that
the advisory board felt positively for, there were a number of objectior
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8GOK 044 r~~~107
October 10, 1978
raised concerning the various aspects of the. plan which was being
presented to the extent that there could be no question in anyone's
mind that the t~B was not approving the Master Plan.
Commissioner Wimer observed that, in his opinion, the develop-
ment proposed appears to be a fine subdivision and that he would
liko to see it "come on board in a normal manner" if the differences
can be resolved. He noted that he does not have any particular
problem with the convenience/commercial zoning if his understanding
is correct that there will be a small 7-11 type of store or gas
station. He said he would rather see small stores such as those
rather than a large commercial area established. Mr. Berzon stated
that the W~~B did not take exception to the rezoning or to the question
of commercial zoning in this particular case. He said that the
matter could be taken up at the WMAB meeting on October 11, 1978 but
that he had no reason to believe that the attitude taken previously
by the board would be any different and would probably be reCommended
for denial again. Also, said ~lr. Berzon, in his opinion, the plan
being presented will require a lot of revisions before that advisory
bOurd will approve it.
Hr. William McGrath, Chairman - Coastal Area Planning Commission,
stated that the CAPe was given assurance that the drainage and water/
management plans were approved by the County's Engineering Department
and the Water Management Advisory Board when the matter was acted
upon. He said that the reason it came up was because it appeared to
many of the members of the commission that the drainage was quite
different and they felt unsure of it. He said that he was quite sure
that there would not have been a majority vote for a recommendation
of approval of the petition if the members had known that the drainage
plan was in doubt; therefore, he suggested that the matter be put on
"ice" until resolved.
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October lO, 197B
Hr. Dane questioned the roll of the WMAB in reviewing a
rezoning petition since, if a Subdivision Master Plan is found to be
unacceptable, on what basis can rezoning be recommended for approval?
He said that he could only believe that at least the concept of the
drainage plan was acceptable, adding that Mr. Berzon has never
explained why he finds it unacceptable.
Mr. Bernie Yokel, Vice-Chairman - Water Management Advisory
Board, stated that he felt so strongly about the project that, when
he knew that he would not be able to attend the July meeting, he
wrote a letter to the membership Betting forth his opinion and that
before the meeting he met with Mr. Dane and provided him with the
same information in detail. He said that there are some serious
problems with the drainage plan and noted that "this is not state-
of-the art sort of planning."
The discussion continued at some length, during which Chairman
Pistor commented that since ~1r. Yokel has stated that there are
concerns about the various factors with regard to water/management,
it would, in his opinion, be out of order for the Board to approve
the project at this time and recommended that the petitioner discuss
the matter with the WMAB, hopefully the next day, at which time it
will be known what changes must be made, or approval will be given.
Commissioner Archer moved that the publio hearing with regard
to Petition R-78-l4C, and Petition SMP-78-6C, by Gath, Inc. request-
ing rezoning and Master Plan approval for the "Tall Pines" project
to be located in Section l2, Township 49 South, Range 25 East, be
continued until the question with regard to same are resolved.
Commissioner Wenzel seconded the motion.
Following additionAl discussion, upon call for the question,
the motion carried unanimously 5/0.
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RECESS: 10: 10 A.lo!. until 10: 20 A.M..
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80QK 044 p~:: 109
October 10, 1978
PUBLIC HEARING RE PETITION R-78-l6C, LARRY BASIK, REQUESTING
REZONING FROM "A" TO "GRC", "I", AND "TTRV" FOR PROPERTY LOCATED
.I.N SECTION 18" T5lS, R27E - : CONTINUED. FOR AT LEAST 30 DAYS TO
RESOLVE PROBLE~lS, AND TO RESUBMIT DATA ACCUMULATED BY PETITIONER
Legal notice having been published in The Naples Star on
September 8, 197B as evidenced by Affidavit of Publication filed
with the Clerk, public hearing was opened to consider a proposed
ordinance re Petition R-7B-16C, Larry Basik, requesting rezoning
from "A" to "GRC", "I" and "TTRV" for property located in Section
l8, Township 51 South, Range 27 East, for the purpose of developing
the property into l04 recreational vehicle sites, a motel site,
and industrial site.
Dr. Neno Spagna, Director of Community Development, located
the parcel in question on the map display, describing same as
lying on the East Trail approximately 600' west of Auto Ranch Road.
He said that the petition was considered by the Coastal Area Planning
Commission at their public hearing on September 7, 1978 with six
members present. He said that the CAPC recommended forwarding the
petition to the Board with a recommendation of denial based on the
staff recommendation for denial based on the following reasons:
1. The petition has an unacceptable level of community
services and facilities.
2. The location of the development is remote and con-
sidered to be leap-frog development.
3. The need for the requested zoning classification has
not been established by the petitioner.
4. The availability of adequate and approved public
water supply system to this project has not been
demonstrated and is questionable.
Dr. Spagna noted the receipt of a letter from an adjacent property
owner, Del Mac Concrete Plant, opposing the rezoning for the reason
that there is a considerable amount of noise and activity associated
with their business which the developers might wish to have
restricted eventually.
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October 10, 1978
Hr. Glen Tucker, representing the petitioner, distributed
brochures detailing the proposed projects, the need for the
particular facilities being planned for the area, and the like.'
Nr. David Pfaff, of David Pfaff and Associates, elaborated further
on the Analysis re rezoning petition of Mr. Larry Basik prepared
by him, and contained in the subject brochure, stating that the
report is based on information developed from public reoords of
Collier County, conversations with responsible staff members of the
County government and certain standard data sources and references.
Concerning the availability of water, Mr. Tucker said the
source would be the Capri Water supply. He noted that engineering
details are not being submitted at this time since the first matter
to be resolved is the rezoning of the property I however, he said
that the drainage plans are for a IS-acre retention lake to take
care of the drainage for the development.
Following further discussion, it was the consensus of the
Board that additional information is necessary before final action
can be taken with Commissioner Wimer noting that the petition has
been recommended for denial by the Traffic Planner and the Planning
staff, with the CAPC concurring in the denial and suggested that more
details be forthcoming. Chairman Pistor agreed, commenting that
there are some missing links that should be worked on and definite
commitments received from, for instance, the Capri Water works, and
the like.
It was pointed out by Dr. Spagna that the petitioner is not
requesting Master Plan approval for the development at this time
since the petition is a request for rezoning only and that is the
reason that much of the detailed material has not been presented.
However, said Dr. Spagna, such material would be included when the
petition~r presents the' final plans to the Engineering Department,
B:;C~ 044' pf,::110
&~CK 044 r~~:111
October 10, 1978
the Water Management Advisory Board, and the like.
Following. further discussion, Commissioner. Archer moved,'
seconded by Commissioner Wenzel and carried unanimously 5/0,
that the public hearing be continued for at least thirty days
to permit the petitioner to resolve some of the problems asked
by the Board and to resubmit to the staff the information which
has been accumulated by Mr. Pfaff.
PETITION SMP-7B-9C, COLLIER DEVELOPMENT CORPORATION, REQUESTING
SUBDIVISION MASTER PLAN APPROVAL O~ PROPERTY XNOWN AS PINE RIDGE
2ND EXTENSION - PETITION APPROVED SU3JECT TO STIPULATIONS BY SUB-
DIVISION COMMITTEE, AGREEMENT BY PE'l'ITIONER TO STIPULATIONS _
ACCEPTED
Legal notice having been published in The Naples Star on
September 22, 1978 as evidenced by Affidavit of Publication filed
with the Clerk, public hearing was held to consider SMP-7B-9C by
the Collier Development Corporation requesting Subdivision Master
Plan approval for portions of Tract A, all of Tract B and a parcel
shown on but not included in the plat of Pine Ridge Second Extension.
Dr. Heno Spagna, Director of Community Development, located
the property on the blueprint of the area commenting briefly on
what is being requested for the replat of the property. He said that
the Coastal Area Planning Commission reviewed the petition on Septenilier
2l, 1978 with six members present and it was recommended for for-
warding to the Board with a ~ecommendation for approval subject
to the Subdivision Committee's stipulations which have been agreed
upon by the petitioner.
Ms. Geeke Lossing, Tri-County Engineering, explained the reason
for the replat of the tract in question stating that T~act A is being
sold off by the petitioner and noted that this violates the subdivision
rules. In order to legalize the action, said Ms. Lossing, a replat
is being filed. She explained what is being planned for the balance
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October lO, 1978
of the property which includes putting in a new road and noted that
sewer and water are presently being installed in the general area.
Hr. William Blackwell, representing the Collier Development
Corporation, stated that some concern has been expressed concerning
the alley between Tracts A and B and explained that the alley belongs
to the owners of Tract A and that everyone buying a lot in Tract A
buys that part of the alley which abuts his lot, emphasizing that
the alley is not a public road.
There being no persons registered to speak, Commissioner Wenzel
moved, seconded by Commissioner Brown and carried 5/0, that the
public hearing be closed.
Commissioner Wenzol moved, seconded by Commissioner Brown and
carried unanimously 5/0, that the Subdivision Master Plan being
requested for approval in Petition SMP-78-9C, by the Collier Develop-
ment Corporation, for portions of property in Pine Ridge Second
Extonsion, be approved subject to the stipulations by the Subdivision
Committee, and that the Agreement by the petitioner to the stipulations
be accepted.
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044 Pt.::: 112 *
B:JC~
October 10, 1978
ORDINANCE 78-53 REGULATING THE MOVING OF BUILDINGS OR STRUCTURES IN
COLLIER COUNTY - DECLARED EMERGENCY, AND ADOPTED, STAFF DIRECTED TO
REFINE SAME FOR FUTURE ACTION BY BCC FOLLOWING REGULAR PROCEDURE
Following Chairman Pistor's comment that there have been some
homes moved into the County, Commissioner Archer moved, seconded by
Commissioner Nenzel and carried unanimously 5/0, that an emergency
exists with regard to the proposed ordinance being presented.
County Attorney Donald Pickworth stated that the proposed
ordinance provides assurance that a building is up to standard
before it is moved into the County. Chairman Pistor explained
that a couple of houses have been moved into Naples ~2anor recently
which, to his knowledge, have never been fixed and/or completed.
Building Director Ray Dulaney explained the problems being
encountered and cited several examples to illustrate what is
happening throughout the ~~unty. He agreed, in response to Com-
missioner Wenzel, that a certificate of occupancy could be denied
if a building has not been brought up to code. It was Commissioner
Wimer's suggestion that, rather than have a court battle to force
the issue, that it te prevented in the first place. Commissioner
Archer observed that it might be difficult to bring such buildings
up to standard before they a~e moved.
Mr. Dulaney further explained that improvements to such
properties after they hnve been moved can "drag on for years" by
requesting an inspection every six months following minor improvements.
Commissioner Archer suggested the possibility that existing ordinances
could be amended, or other ordinances considered, to rectify the
situation even with regard to new homes under construction.
Ms. Marilyn Malinowksi, Naples Manor property o'~er, submitted
pictures to show two homes which have been moved in across from her
residence which, in her opinion, are unsightly and, furthermore, are
t.~CK 044 Pf,~:114
~m 044 p~;:j15
October 10, 1978
too close together. She said that the distance between them, as
measured by her, is 14 feet whereas the County ordinance stipulates
that the foundations must be 15 feet apart. She urged the Board to
consider favorably the ordinance being proposed to prevent substandard
buildings from being moved into the area.
Mr. Terry Zipes, Board of Directors, Naples Manor Property OWners
As~ociation, also spoke in favor of the proposed ordinance, even if
only as a stop-gap measure, until more permanent measures can be taken
at which time the emergency ordinance could be rescinded.
Mr. Robert Cadenhead stated that he is the person who moved
the houses in question to Naples Manor and explained that, due to
a problem with the competency requirements, there has been a delay in
compl~ting the homes, however, the problem is being worked out. He
::::!i-:'l t;',at inspections should be made by the County to determine if a
house is sound before it is moved, following which the buyer would
have a certain amount of time to bring the property into a respect-
able condition after it is moved. Mr. Cadenhead added to his coments
the fact that there is a need for low-cost housing in the area, a
portion of which can be met by moving some of the structures from the
Big Cypress purchase area. He offered the suggest~on that appropriate
staff members meet with the National Parks Ass(",,,,iation to inspect
such buildings prior to their being put out for bid to determine if
they are suitable for moving.
Zoning Director Carl Clemmer advised that those houses that have
been approved so far were presented by a site plan showing the location
for the building, the land use assigned to the spec1fic lot, together
with an outline of the intended additions to it to bring it up to
standards, if it does not meet the standards. He said that there is
no way of removing the house, if the conditions are not met during
the permit period. He explained that the proposed ordinance requires
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October 10, 1978
that the building be investigated onsite and, if it meets the
standards, it can be moved; if not, it must be brought up to
standards on its present site and then moved to a new location. '
It is also his understanding, said Mr. Clemmer, that a bond is
required to assure completion. Concerning the possible violation
addressed by Ms. MalinoWSki, ~lr. Clemmer stated that an investiga-
tion would have to be made, noting that the site plan indicates
a distance of 7~ feet on the side lot line. He said that if the
houses are 14 feet apart a varianoe of 1 foot can be given.
Mr. Irv Nortenson, Park Manager - Big Cypress, suggested that
his agency seems to be generating many of the housing Lmits which
have provided the impetus for the proposed ordinance being discussed.
He said that the Park Service is neutral as far as the houses involved
are concerned, their interest being primarily to see that the area
is restored to a natural condition. He agreed that a number of the
units sold are substandard and in many cases should not have been
moved. He added that most of the ones which were sold did have
distinct salVAge value - otherwise they would not have been purchased.
Nr. Mortenson said that in considering the proposed ordinance some
consideration should be given to the impact it would have on home-
owners in the County who might wish to receive a permit for moving it
to some other area or county. A further consideration, he said, would
be the possibility that some of the home's owners, having lived in
the partiCUlar home for a period of years, might be required to fix
the home up only to have to tear it out again in order to relocate it,
if that is the choice he makes, rather than to abandon it. He also
explained that the Park Service has donated several properties to
the public health agencies, and the like, questioning the effect the
ordinance would have on this donation program. He said that if the
BeCK 04! ~:: 116
6DQ~ 04:4- p~:: 117
October 10, 1978
Federal government is unable to sell the surplus structures, they
will be demolished onsite with no residual left on the tax base
whereas if a house is moved, it remains on the tax rolls. He stated
that whatever regulations the Board comes up with the Park Service
will work with them in implementing it.
Ms. Nelda Harshall, Naples Manor residi'Ilt, suggested that it
is "putting the cart before the horse" in requiring a house to be
improved before it is moved due to the damage incurred in the mOVe-
ment. She also brought to the Board's attention a problem with
drainage on her property because the house was built below the crown
of the road. Mr. Dulaney stated that i~ would be ohecked out. He
also noted, in response to a further problem oited by Ms. l-farshall,
that the building code is being revised and amended which will address
some of the problems being encountered.
There being no further persons desiring to speak on the matter,
Commissioner ~qimer moved, seconded by Commissioner Wenzel and carried
5/0, that the public hearing be closed.
Commissioner Wimer moved, seconded by Commissioner Wenzel, that
the emergency ordinance regulating the moving of buildings or structures
in Collier County be adopted.
Commissioner Archer suggested that a time limit bu placed on
the ordinance to permit time for it to be redrafted and brought back
for a public hearing. He stated that, in his opinion, the ordinance
contains inequities, noting that the intent is good but that he is
not satisfied that the ordinance is the proper one because of some
of the problems '~hich would be initiated, reading from portions of
the ordinanc~ to illustrate his point.
County Attorney Pickworth suggested making the ordinance effective
as any other ordinance and that the staff be instructed to work on
a redraft, one section of whioh would be the repeal of the emergency
ordinance.
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October 10, 1978
Upon call for the question, the motion carried unanimously
5/0, whereupon the ordinance was adopted as numbered and titled-
below and entered in Ordinance Book No.8.
Chairman Pistor expressed the desire that a public hearing
on the new ordinance could be held within 120 days with Mr. Pickworth
adding the comment that he would hope the staff could call on 11r.
Cadenhead, and any others in the business, who could lend the staff
their expertise in drafting the new ordinanco.
ORDINANCE :;0. 78-...5.3_
AN ENERGENC'x' ORDIN.~.:;CE RELA'rING TO THE HOVING
OF BUILDINGS OR STR~C:URES IN THE UNINCORPORATED
AREA OF COLLIER COli:';7Y j REQUIRING THE ISSUANCE
OF A PERl-tIT THEREFOR; PROVIDING STANDARDS FOR
THE ISSUANCE OF A PER:':IT; PROVIDING THAT IT SHALL
BE UNLAt-lFUL TO HOVE A BUILDING OR STRUCTURE l-lITH- ",
OUT FIRST SECURING A PERMIT; PROVIDING DEFINITIONS
EXCEPTIONS, PENALTIES, DECLARING AN E~mRGENCY AND
PROVIDING AN EFFECTIVE DATE.
ORDINANCE 78-54 AMENDING COLLIER COUNTY ORDINANCE 78-02 BY ELIMINATING
SEPTIC TANK CONTRACTORS FROM THE LIST OF SPECIALTY CONTRACTORS _ DELCAR
EMERGENCY AND ADOPTED
Commissioner Brown advised that he has requested that the mattor
of septic tanks presently listed under the Contractors' Licensing Board
jurisdiction be placed under the Health Department.
Building Director Ray Dulaney explained that his department does
not inspect septic tanks, noting that they come under Mr. John Stephens
of the Health Department, adding that )tr. Stephens inspects the drain-
field, the septic tank site, and places the criteria on the Building
Permit such as the size of tank necessary, and the like. He advised
that the only inspection made by his staff is for the stub-out coming
out of the house where the cleanout is~ In response to Commissioner
B~CX 044 p~::118
-,--~ .
RICORDER'S-tfEMOI Le,lJalJjty
01 Wrirua,. 'frpla, or Priotln,
~.Cltcnyr.a WI dOClUment
"'- reoe.YIIit.
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BOCK 044 ,~~: '119
October 10, 1978
I~enzel, Hr. Dulaney advised that at the present time the provision
for licensing is included in Ordinance' 78-02 wherein a oontractor
must have a Competency Card to install septio tanks.
It was suggested by Commissioner Brown that the matter be placed
totally under Health Department regulations since it is a requirement
that their standards be met.
During the discussion whioh followed the proposal, it was
explained by Commissioner Brown and Mr. Dulaney the reasons for the
proposed ordinance being addressed at this time. lir. Pickworth
stated th~t Mr. Dulaney has explained that septic tank contractors
Ahould not have been included in the aforementioned ordinance, noting
that the matter is outside the purview of the Building Department
since it has been determined to be a Health Department funotion.
Commissioner Wenzel moved ~hat an emergenoy be declared,
seconded by Commissioner Brown and carried unanimously 5/0.
Commissioner Wenzel moved that the emergency ordinance amending
Collier County Ordinance 78-02 by eliminating septio tank contractors
from the list of specialty contracts, as numbered and titled below, be
adopted and entered in Ordinance Book No.8. The motion was seconded
by Commissioner Brown and carried unanimously 5/0.
ORDINANCE ~O, 78-54
AN EMERGEi~CY ORlnlJA~~C;E .';':':::::DING COLLIER COUNTY ORDIlMNCE
NO. 78-0? BY ELINltMTI:;G SEP'fIC TANKS FRO:.! THI:: LIST OF
SPECIALTY CO.~'fRACTORS i /..;:J PROVIDING FOR AN r.FFI~CTIVE
DATE.
~r. Pickworth emphasized that the action just taken does not
in any way alleviate the requirement for a septic tank permit or
inspection. He said that it does not change anything other than the
fact that the contractor won't have to "run through" the Contractors'
roo,
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Ootober 10, 1978
Licp.nsing Board for functions for which the Building Department will
not be involved in after awarding a Competency Card. He said that
the Contractors' Licensing Board is working on a number of changes
to be made to the pertinent ordinance similar to the 6-month revie~1
the Zoning Department goes through with regard to the zoning ordinance.
Within the next two or three months, said Mr. Pickworth, a revision
will be brought to the Board to correct some of the problems found
within the ordinance. He commented that it is difficult to foresee all
of the problems which might arise when drafting an ordinance.
OPD!N~~CE 78-55 AMENDING COLLIER COUNTY ORDINANCE 78-02 BY PROVIDI~G
FOR ~XTENSION OF TIl4E FOR RENEWAL OF VALIDLY-ISSUED CERTIFICATES OF
COMPETENCY - DECLARED EMERGENCY AND ADOPTED
Commissioner Wenzel moved, seconded by Commissioner l'limer that
a state of emergency exists with regard to a proposed ordinance to
provide for an extension of time within which validly-issued Certifi-
cates of Competency may be issued.
County Attorney Pickworth explained that the proposed ordinance
provides a 90-day grace period for renewal of Competency Cards for
those contractors hOlding valid Certificates of Competency, noting that
it does not address any other matter such as "grandfathring" provision
and the like.
In response to Commissioner Wimer, that the affected persons
will be properly notified, Mr. Dulaney said that they were all notified
by renewal notice sent out July 30, 1978 that the Competency Cards must
be renewed by September 30, 1978 or it would be necessary to reapply.
He said that the matter was brought up in a special meeting of the
Contractors Licensing Board and the provisions of the proposed ordinance
were agreed upon and it was noted that both Lee and Charlotte Counties
have the 90-day grace periOd and penalty clause.
BJC~ 044 ,~~:120
BOOK 044 ,~~;;121'
October 10, 1978
Commissioner Wimer noted his agreement with the ordinance but
said that ne would like to see notices sent to the affected contractors
that they have ninety days grace period. Mr. Pickworth expressed
concern over those persons who state that they did not receive such
notice. Commissioner Wimer said that the County would be fulfilling
its obligation if a good faith effort is made to diligently try to
contact them. It was suggested by Mr. P3ckworth that a block ad be
placed in the newspapers.
Upon call for the question the motion carried unanimously.
Commissioner I'limer moved, seconded by Commissioner t'lenzel and
carried by unanimous vote 5/0, that the ordinance as numbered and
titled below be adopted and entered in Ordinance Book No.8.
ORDHlANCE rm, 78- 55
AN El-IERGENC'x' ORDINANCE A1':::~DING COLLIER COUNTY ORDINANCE
NO. 78-02 BY PROVIDING FOR AN EXTENSION OF TIME WITHIN
\VlIICll TO RENEt-l VALIDLY ISSUED CERTIFICATES OF COl1PETENCY;
PROVIDING FOR CONfLICTSj SEVERABILITY AND EFFECTIVE DATE.
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RECESS: 12:05 P.M. until 1:30 P.M. at which time Deputy
Clerk Brenneman was replaced by Deputy Clerk Jean
Swindle.
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PETITION R-7B-21-C BY ALLEN JOHNS REQUESTING REZONING FROM "A" AGRICULTUI
TO "CD" CAl1PGROUND DISTRICT ON PROPERTY LOCATED IN SECTION 23, TSOS, R261
AND MORE GENERALLY KNOWN AS THE EAST SIDE OF C-95l APPROXIMATELY 1/2 ~IILI
NORTH OF SABAL PALM ROAD - ADVERTISING AUTHORIZED FOR PUBLIC HEARING
NOVEMBER 21, 1978
Commissioner Archer moved, seconded by Commissioner Wenzel and
carried 4-0 with Commissioner Wimer absent, that Petition R-78-2l-C by
Allen Johns requesting rezoning from "A" Agriculture to "CD" Campground
District on property lOcated in Section 23, Township 50 South, Range 26
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October 10, 1978
East and more generally known as the east side of C-951 approximately
1/2 mile north of Sabal Palm Road, be advertised for public hearing
November 21, 1978.
PETITION R-78-26C BY THE PLANNING DEPART~mNT, REQUESTING REZONING FRO~:
VARIOUS ZONES TO VARIOUS ZONES AS PART OF THE SEMI-ANNUAL REVIEW OF THE
COHPREIlENSIVE PLAN - ADVERTISING AUTHORIZED FOR PUBLIC HEARING NOVEHBER
21, 1978
Commissioner Archer moved, seconded by Commissioner Wenzel and
carried 4-0 with Commissioner wimer absent, that Petition R-7B-26C by
the Planning Department requesting rezoning from various zones to variou
zones as part of the semi-annual review of the Comprehensive Plan, be
~dvertised for public hearing November 21, 1978.
PETITION NZ-78-4C BY THE PLANNING DEPARTMENT REQUESTING AMENDMENTS TO
ZONING ORDINANCE 76-30 AS PART OF THE SEMI-ANNUAL REVIEW OF THE CO!1PRE-
IIENSIVE PLAN - ADVERTISING AUTHORIZED FOR PUBLIC HEARING NOVEl.mER 7, 1971
Commissioner Archer moved, seconded by Commissioner Wenzel and
carried 4/0 with Commissioner Wimer absent, that Petition NZ-4C by the
Planning Department, requesting amendment to Zoning Ordinance 76-30
as part of the semi-annual review of the Comprehensive Plan, be ad-
vertised for public hearing November 7, 1978.
ORDINANCE AMENDING ORDINANCE NO. 78-02 BY PROVIDING FOR MOBILE HOME
INSTALLATION CONTRACTORS RE GRANDFATHER PROVISION - ADVERTISING AUTHORIZE
FOR PUBLIC HEARING NOVE~mER 14, 1978
Commissioner Wenzel moved, seconded by Commissioner Archer and
carried unanimously that an Ordiance amending Ordinance 78-02 by
providing for mobile home installation contraotorsl providing for grand-
father provision, provi~jng for conflict, severability and an effective
date be advertised for pUblic hearing November 14, 1978.
FINAL ASSESSMENT ROLL FOR COCOHATCHEE STREET RE APPROVAL OF SAME _
ADVERTISING AUTHORIZED FOR PUBLIC HEARING NOVEMBER 14, 1978
Commissioner Archer moved, seconded by Commissioner Wenzel and
carried 4/0 with Commissioner Wimer absent, that' the final assessment
roll for Cocohatchee Street be advertised for public hearing November
14, 1978.
Bm 044 ~~:I22
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BeOK 044 p~~: 1.23
Ootober 10, 1978
REPORT BY JIM MEERPOHL RE STATUS OF CETA AGREEMENT CONCERNING THE PAID
BENEFITS FOR SUCH EMPLOYEES UNDER THB CBTA PROGRAM - MISUNDBRSTANDING
,RE STATE AND FEDERAL DICTATES - CHAIRMAN PISTOR AND COUNTY ATTORNEY
PICKWORTH TO CONTACT STATB AND FEDERAL REPRESENTATIVE OCTOBBR 11, 1978
REGARDING A SOLUTION
Hr. Jim Meerpohl, Ceta Administration, gave a report on the current
status of the three CETA contracts that were presented to the Board on
Se~tember 29, 1978 and stated these contracts covered the Title 11 and
Title IV programs of CETA for publio service employment. He continued,
that the Office of )Ianpower Planning has notified, by telephone, his
office that no CETA funds will be forwarded to the Board of County
Commissioners unless the following stipulations are mets
1. The Board either makes arrangements to include all CETA
participants, under their payrOll, in the Florida Retire-
ment System
or
2. The Board can make subcontract funds to the County-based
Agency then each Agenoy is responsible for arranging the
expenditure of CETA funds under their respective payroll
plans.
Mr. 11eerpohl said that the Board may wish to subcontract the possible
$1.6 million; however, administrative controls would have to be studied
and he reminded the Board that the looa1 CETA office had once been
involved in such an administration, finding it a very "loose way to run
a ship" while making the administrative costs SOar. He reiterated that
the Board is always responsible for the CETA funds whether the Board
subcontracts them or handles the funds themselves and that this was
his main consideration when he centralized the payroll, keeping the
funds under the Board's auspices instead of subcontracting them. The
Department of Labor, Mr. Meer.pohl stated, has declined to intervene in
this situation until all administrative remedies have been exhausted
between the Board of County Commissioners and the Balance of State
Prime Sponsor. In light of this Department of Labor decision, he has
taken administrative action to file a "Grievance Appeal." The Appeal
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October 10, 1978
states that the action of the Balance of State Prime Sponsor is diverse
to the intent of the program and to the intent of the Board's action on
how to administrate the program, The consideration before the Board,
he continued, is that there are CETA payrolls to meet before the initia:
thirty (30) days has passed that is required for action on the grievance
appeal petition and since he does not reoommend that the Board use
County funds to meet CETA payrolls, he recommended that the Board appro'
the Public Service Contracts that inolude the contributions for CETA
participants in the Florida Retirement System until a solution is found
through the Grievance Potition filed by the Program Agent's office
pursuant to the Florida Administrative Code 9F10 of the Federal Reg-
ulations for CETA 9826.
County Attorney Pickworth stated, in answer to Commissioner Archer,
that th~ Board does have a legal standing to go into Federal court once
the State has made an adverse decision regarding the above-referenced
"Grievance Appeal" and that there are a multitude of legal remedies
available should the current action not rend~r satisfactory results.
A lengthy discussion followed which touched upon the following
subjects: State Manpower Director Mr. Feaver's assertion that Collier
County has always treated the CETA employees as regular in regards to
their benefits; Mr. Meerpoh1's research of the Board minutes which
reflected the Board's intention of holding the CETA employees as
temporary only; that other Prime Sponsors in Florida, such as Manatee
County, operate their CETA funding the same as Collier County and are
uot in violation of the Federal regulations; the addressing 01 the
State legislature in 1979 to the separation of Social Security benefits
from retirement benefits which will result in the CETA employee only
having to have a Social Seourity contribution made - not retirement;
the statistics that show that less than 8' of those CETA employees
employed finally go into the Florida Retirement System which makes
BjC~ 044 ,~~:1Z4
~OOK oM- 't.~:125
October 10, 1978
any dollar amount so given for such a benefit (Retirement System)
simply throwing money away, the very tight time frame that must be
worked into in order for the presently employed CETA people to be
paid on October 16, 1978, the possibility of the Board paying the
proposed retirement benefits for CETA people until a resolution has
been reached, the responsibility of Mr. Feaver's office as to whether
or not the CETA program is continued in the avai1abj1ity of funds
and their source - i.e. General Fund or CETA funds1 the mail-o-gram
Mr. Meerpohl presented to the Board from Mr. Feaver's office which
stated current signed contraots are in the return mail to his office
and that he is to continued his programs with the presently employed
personnel with the stipulations that no new people will be hired; and
concluding with the suggestion that Chairman Pistor together with
County Attorney Pickworth and Mr. Meerpohl meet on the morning of
October 11, 1978 and make telephone oa11s to contact those State
and Federal representatives that Can help find a solution to the
immediate problem.
GUN PERMIT NO. 78-13 (RENEWAL OF GUN PERMIT NO. 76-5) FOR RODRIGO R.
RODRIGUEZ - APPROVED
Commissioner Archer moved, seconded by Commissioner Wenzel and
carried 4/0 with Commissioner Brown absent, that the license to
carry concealed pistol, Gun Permit No. 78-13, issued in the name of
ROdrigo R. Rodrigues, be approved.
CONSTRUCTION OF "FALLOUT PROTECTION" STRUCTURE FOR THE EMERGENCY
GENERATOR AT THE COURTHOUSE COMPLEX, BUILDING "F", IN THE AMOUNT
OF $16,000 - AUTHORIZED WITH THE STIPULATION THAT COUNTY'S SHARE
~lOUNT TO $8,500 - THE BALANCE COMING FROM THE FEDERAL APPROPRIATION
County Manager Norman presented the request for approval to
proceed with final design, specifications, and taking of bids for
the construction of a shelter for the Building "F" Emergency Generator,
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October 10, 1978
incluning nuclear fallout protection and gave the staff's recommend-
ation as one of approval for the projeot. The financing would be
one of matching funds with the Federal Government appropriating $7,500
toward the construction and the County's share being $8,500. Architect
Kris Jain has proposed tO'complete the final design, specifications
and cost estimate work for a maximum fee of $2,000, he said.
Commissioner Wimer stated for the record he did not believe any
of the figures, saying one could buy a 30 foot by 60 foot building for
$8,000 while Commissioner Wenzel wanted the record to show that the
maximl~ he would approve for architectural services would be $600.
Commissioner Archer moved, seconded by Commissioner Brown and
carried 3/2 with Commissioners Wimer and Wenzel dissenting, that the
staff recommendation be accepted and that the Board approve the con-
struction of an enclosure with the fallout protection and authorized the
necessary funds in the amount of $8,500 to be budgeted toward the
appropriation from the Federal government for a total of $16,000.
Discussion followed regarding the architectural fee and County
Hanager Norman stated that as much as $2,000 additional fee could be
forthcoming for Architect Jain but this figure would be included in
the charges against the federal ~rant.
At this time, Commissioner Archer moved to resoind his motion,
seconded by Commissioner Brown and carried unanimously then Commissioner
Archer moved, seconded by Commissioner Brown and carried 3/2 with
Commissioners Wimer and Wenzel dissenting, that the Board approve the
construction of an enclosure with "fall-out protection" and authorize
the necessary funds, making the net cost to the County $8,500 and
the federal appropriation $7,500 inclusive.
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BOCK
044 p~~~127
October 10, 1978
COUNTY ~TTORNEY AUTHORIZED TO'NEGOTIATE ACCEPTABLE WORDING FOR THB
APPROPRIATE DEED RESTRICTION REGARDING THE CITY'S PROPOSED NIGHT-
TIME RESTRICTION ON THE USE OF BAYVIEW PARK
County Manager Norman presented tho item, stating the objective
of the presentation is to determine if the County is willing to give
up its position of "insisting on nighttime usage" of the boat ramp
portion of Bayview Park. County Attorney Pickworth said what was
being looked for was a middle ground solution that both the County
and the City could live with, having the agreement use the language
"condition subsequent" instead of a "reverter clause" in connection
with the restriction against nighttime use of the boat ramp in Bay-
vi.ew Park.
RESOLUTION NO. 78-157 APPROVING PETITION COP-78-2-C BY EDWARD ZOLLNER
REQUESTING CONSUMPTION ON PREMISES ZONING APPROVAL OF LOTS 445-451,
ISLES OF CAPRI, LOCATED ON CAPRI BLVD SOUTHWEST OF JIM & EYDIES _
ADOPTED - AGREEMENT WITH STIPULATIONS - ACCEPTED
Dr. Neno Spagna, Planning Direotor, presented Petition COP-78-2-C
by Edward Zollner, requesting Comsumption on Premises zoning approval
of Lots 445-451, Isles of Capri, which is located southwest of Jim &
Eydies on Capri Boulevard and is more generally known as a marina and
delicatessen. Dr. Spagna stated the staff recommends approval as the
petition complies with Section 8, Paragraph 12 of the Zoning Ordinance
with the following stipulations:
1. Six (6) foot wide landscape buffer along front property
line.
2. Five (5) foot wide landscape buffer along parking area
on the south side of the property.
Commissioner Wenzel moved, seconded by Commissioner Brown and
carried unanimously, that Resolution No. 78-157 approving Petition
COP-7H-2-C by Edward Zollner be adopted and that the petitioner's
agreement with the above-referenced stipulations be accepted.
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October 10, 1978
RESOLUTION NO. 78-158 TO RECOVER COSTS. TO ABATE A BUBLIC NUISANCE
ADOPTED
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Commissioner Archer moved, seoonded by Commissioner Wenzel and
carried unanimously, to adopt Resolution No. 78-158 to recover expenses
incurred by the County to abate a publio nuisance.
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Ootober 10, 1978
MATERNITY LEAVE OF ABSENCE FOR FOUR MONTHS REQUESTED BY KATHY r~z,
YOUTH.GUID~CE - APPROVED
Commissioner Archer moved, seconded by Commissioner Brown and
carried unanimously, that the request by Kathy Manz, Youth Guidance,
for a four (4) months maternity leave of absence be approved.
LEASE FOR "STORE FRONT" LIBRARY AT NORTH NAPLES SQUARE AT U.S. 41 AND
l06TH AVENUE - APPROVED
Mr. Richard JOder, Librarian, stated there is and has been a
mounting public demand for the establishment of a branch library to
serve the north portion of Collier County. Until a permanent branch
can be built on land proffered at the north end of Pelican Bay sometime
in the future, Mr. Joder asked that the Board approve an annual lease
for a temporary libr~ry in a store in the commercial plaza called North
Naples Square located at U.S. 41 and l06th Avenue in the amount of
$4,800. The lease also contains a year's option which provides for an
increase in rent for the second year but, if the increase at tho time
is more than fair value, the temporary library branch can easily vacate.
Commissioner Brown moved, seconded by Commissioner Wenzel and
carried 4/0 with Commissioner Archer absent, to approve a lease between
the Board of County Commissioners and La No., Inc for a store front
in the North Naples Square to house a temporary branch library for
the North Naples area. The annual lease is in the amount of $4,800
with a year's option.
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October 10, 1978
BIDS NOS. 325 THROUGH 328 FOR FURNISHING VARIOUS HARDWA~ (WATER SERVICE
SADDLES, COLD WATER METERS, SINGLE METER BOXES AND BRASS FITTINGS AND
~~TERIALS) RE COUNTY UTILITY 'DIVISION '-,AWARDED TO INDIVIDUAL VENDORS
AS NOTED
Legal notice having been published in the Naples Daily News on
August 24 and 29, 1978 as evidenced by Affidavit of Publication filed
with the Clerk, proposals were received until 2t30 P.~I., September
15, 1978 for furnishing various hardware for the County Utility
Division.
Utility Director Irving Berzon recommended that Bids No. 325,
326 and 327 be awarded to the low bidder meeting the County's needs
and that Bid No. 328 be awarded to the next lower bidder meeting the
County's needs. Bids were awarded as follows:
BID '325 - WATER SERVICE SADDLES - County Utility Division-
Commissioner Wenzel moved, seconded by Commissioner Wimer
and carried 4/0 with Commissioner Aroher absent to award
Bid '325 as follows I
2" x 1" - B & H Sales, Inc. - $4.35 each for an estimated
quan,tity of 50.
4" x l~" - Davis Meter & Supply - $7.30 each for an estimated
quantity of 150.
6" x \~" - B & H Sales Inc. - $9.72 each for an estimated
quantity of 150.
8" x l~" - B & H Sales Inc. - $11. 01 each for an estimated
quantity of 100.
10" x l~" - B & H Sales Inc. - $13.70 each for an estimated
quantity of 50. '
12" x 1~" - B & H Sales Inc. - $17.65 each for an estimated
quantity of 50.
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BID #326 - COLD WATER METERS - County Utility Division _
Commissioner Wenzel moved, seconded by Commissioner Wimer
and carried 4/0 with Commissioner Archer absent, to award
Bid #326 as follows:
TYPE I - RESIDENTIAL ME7~~S
5/B" X 3/4" - B & H Sales - Precision (turbine type) _
$25.29 each. for an est~~a~ed quantity of 600
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October 10, 1978
TOPOGRAPHIC SURVEY FOR GOODLAND WATER DISTRICT - AUTHORIZED IN THE
AMOUNT OF $1,000
Utility Director Berzon presented the request for a topographic
survey in connection with the Goodland Water Project, in particular,
for the site to be used for the storage tanks and the pump station.
A boundary survey as well as the topographic survey is needed and
Mr. Berzon estimated the cost to be less than $1,000 but asked that
the authorization be for the full amount of $1,000 in the event it
is needed.
Commissioner Wimer moved, seconded by Commissioner Wenzel and
carried 4/0 with Commissioner Archer absent, that a topographic
survey for the Goodland Water District be authorized in the amount
of $1,000.
ADDITIONAL FORCE MAIN WORK RE FOUR-LANING OF AIRPORT ROAD - AUTHORIZED
IN THE AHOUNT OF $3,500 MAXIMUM
Utility Director Berzon stated that the County has a force main
along Airport Road which services just the Courthouse Complex and
with the present four-laning of Airport Road, it now lies "in the
roadway", previously having been to the side. It has now come to
a point, Mr. Berzon continued, in order to provide the cross drains
for the surface drainage, some points along the force main pipe line
will have to be raised. In most instanoes, the pipe line can be
deflected, because of the joints, sufficiently so as to avoid having
to break the pipe open - make new fittings - etc. and Mr. Berzon said
he has gotten a proposal from the oontraotor whioh states he can do
the work needed for $135.00 per hour and that figure includes equip-
ment and labor. There are about 7 locations that must be attended to
with no more than three (3) hours spent on any single one, Mr. Berzon
concluded.
BGCK 044 p~~~140
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October 10, 1978
Commissioner Wenzel, moved, secodded by COmmissioner Brd~,and
carried 4/0 with C~mmiss1o~~r' Archer absent, that the force main
work along the new four-laning of Airport Road be authorized in the
amount of $3,500 maximum.
Utility Director Barzon explained that this pipe line now
services only the Courthouse complex, but will eventually be part of
the Area B system and that the designation of where the funds should
como from should be denoted. Fiscal Officer Hall stated the funds
for this project in the amount of $3,500 should be paid by General
Pund as the beneficiary is just the Courthouse complex and that Area
B water ~istrict budget should not be burdened at this time.
DILLS FROM GOOD LAND WATER DISTRICT - AUTHORIZED TO BE PAID FROM
GENERAL FUND AND TO BE REPAID FROM GOODLAND WATER DISTRICT
Fiscal Officer Hall stated there were two bills for Goodlund
!Vater District that had been approved by the Board and because it
had not been clearly indicated that these bills were to be handled
in the same manner as prIor bills for the Goodland Water District
had been handled - that is, to be paid from the General Fund and
to be repaid from the District when funds are available, Mr. Hall
asked that the Board authori~e payment as proposed.
Commissioner Wenzel moved, seconded by Commissioner Brown and
carried 4/0 with Commissioner Archer absent, that the bills for
Goodland Nate!: District be paid from the General Fund to be repaid
by the Goodland Nater District when funds are available.
PAyrlliNT OF ROUTINE BILLS - AUTHORIZED
Following Fiscal Officer Harold Hall's statement that the bills
being presented for approval of payment have been prepared following
e~tablished procedures and that funds are available, Commissioner
Ncnzcl moved, seconded by Commissioner Aroher and carried unanimoUSly,
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October 10, 1978
that the bills be approved for payment as witnessed by the following
warrants issued from September 27, 1978 to October 10, 1978:
FUND
County Narrants
County Warrants
acc Payroll
General Fund
Stockade
Immokalee MVI
Youth Guidance
Road & Bridge *2
Marco Water/Sewer
Collier County Water/Sewer
Aquatic Weed
Improvement Trust
I~ater Management
Sewer District "A" Assessments
Sewer District "A" Revenue
Municipal Service Taxing District
Anti-Recession/Federal Revenue Sharing
Capital Improvement Rev. Cert.
Grants & Gifts
County Water Supply
Capital Improvement
WARRANT NOS.
9759 - 10208
1 - 51
50221 - 50873
43 - 44
1
4
2
41, 42, 43
15
11
20
24 , 25
27
51
32
28 & 29
19
12, 13, 14, 15
20
2
1, 2, 3
In addition to the above-referenced payment of bills, a
distribution of $40,000 to the Collier County School Board as
partial distribution of funds received for payment in lieu of
taxes from U.S. Department of Interior was authorized in the
same motion.
BUDGET AMENDHENTS - NONE
CONCURRENCE WITH AMERICAN AMBULANCE FOR THE FIRM OF TAYLOR, EDENFIELD,
GILLIAM, & WILTSHIRE, CERTIFIED PUBLIC ACCOUNTANTS, TO DO A)tERICAN
AMBULANCE'S ANNUAL "OPINION AUDIT" - APPROVED
Fiscal Officer Hall presented the request from Amerioan Ambulance
that Taylor, Edenfield, Gilliam & WiltShire, Certified Public Account-
ants, be used to make their annual "opinion audit." Mr. Hall stated
that according to the contract with American Ambulance, the CPA firm
that does the annual "opinion audit" must be one that is mutually agreed
upon between the Board and, American -!Unbu~~ncp. Il.e c?ntinued, that th~
B~C~: 044 P/.~:142
BOCK 044 p~~~143
October 10, 1978
firm of T~ylo~, Ed~nfield, Gillicm,., Wiltshire is the firm with,
whom Ashley & Co; presently Amerioan Ambulanoe's' acoountants, have
merged and that the Clerk's office review of ~he matter is recom-
mending concurrence with the proposal. Commissioner Wenzel questioned
having American Ambulance's personal aocountant, Ashley, Co, help
'prepare the above-referenced annual audit. Mr. Hall replied that
this was a different activity altogether and stated that the account-
ing work done for American Ambulance by Ashley , Co is a monthly
bookkeeping job that employs a separate boOkkeeper.
Commissioner Archer moved, seconded by Commissioner Brown and
curried 3/1 with Commissioner Wimer abs9nt and Commissioner Wenzel
dissenting, that the CPA firm of Taylor, Edenfield, Gilliam & Wilt-
shire to do American Ambulance's annual "opinion audit" be approved.
RESOLUTION NO. 78-159 - REVISING MILLAGE RE CERTIFIED MILLAGE FOR THE
COUNTY FUNDS AND INDEPENDENT TAX DISTRICTS - ADOPTED
Fiscal Offtcer Hall stated this was an e~r1ier item that had
been postponed and it was for the adoption of a resolution revising
Resolution No. 78-147 which set forth the certified millage for all
of the county funds and independent tax districts. A question came
up as to tha "time frame" for the Immokalee Fire District as to
whether or not the general election and the preparation of the
tax bills could be done in time frame to meet legal requirements. It
was decided that the time frame did not fit and after discussion
with all the parties concerned Mr. Hall submitted a revised millage
which is a millage that conforms with the $6,000 cap that is reflected
in their Special Act. lIe continued, that it was the intent to submit
a Resolution that set forth only the Immokalee Fire District,
but the Property Appraiser's office said they would prefer
to have the entire resolution redone so that they would have only
the one document to work with and it is this resolution, completely
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October 10, 1978
revised and correcting a typographical orror in the rnilla~G received
from the Hosquito Control District. that i8 now submitted to the
Board.
Commissioner Archer, after reading from the proposed
resolution of all millages and revenues, offered the fOllowing
resolution and moved its adoption, seconded by Commissioner Wenzel.
and carried unanimOUSly.
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044 ~~144
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Ootober 10, 1978
RESOLUTION'NO..78~160 SUPPORTING THE 'FOUR-LANING QF..THE RE~INING'
SECTION OF U.S. 41 BETWEEN FORT..r~ERS AND NAfLES AS I~ PASSES ~HROUGH
KORESHAN uNITY HISTORIC'MONUMENT ~ ADOPTED ' '
Administrativo Aide I~ry :~rqan reportod that l~ra. ~hQIMa Graco
from Bonita Shores had oalled Commissioner Archer last week asking
that the Board adopt a resolution supportinq the four-1aninq of the
existing section of U.S. 41 through Estero and it is this updated
resolution she submitted to the Board for their consideration.
Commissioner Archer offered the fo110winq resolution and moved
its adoption, seconded by Commissioner Wenzel and carried unanimously.
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October lO, 1978
APPOINTMENT OF WILLIAM F. l-tARLOW AS ALTERNATE ME!o1EBER OF THE
ENVIRO~MENTAL APVJ;SORY COUt<<=IL, - APPROVED.. '
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COlnmlssioner' Wenzel moved, 's.oOl'u!l!id by Commissioner Brown
and carried 5/0, that the appointment of William F. Marlow as
alternate member of the Environmental Advisory Council be ap-
proved.
RATIFICATION OF SIGNATURES ACCEPTING BID AWARD CONTRACTS - APPROVED
Administrative Aide Mary Morgan stated that last week, when
there was no convening of the Board, there were a number of bid
documents together with revisions to the Homemakers Service Grant
that required signatures. After speaking with the County Attorney,
Mrs. Morgan secured the signatures of those Commissioners available
at that time to sign the documents as Aoting Chairman and it is for
that ratification that she now asks the Board to move upon.
Commissioner Wenzel moved, seconded by Commissioner Archer and
carried 4/0 with Commissioner Wimer absent, that the signatures of
the Commissioners that signed the above-referenced documents be
ratified.
CHAIffiU\N AUTHORIZED TO SIGN CONTRACT "'ITH THE DEPARTMENT OF COMMUNITY
AFFAIRS FOR THE COUNTY'S SHARE OF COl-~UNITY SERVICES TRUST FUNDS IN
TilE AMOUNT OF $8,126 - FUNDS TO OPERATE REDLANDS CHRISTIAN CHILD CARE
CENTER AND THE GOLDEN GATE CHILD CARE CENTER
Administrative Aide Mary Morgan stated the contract for the
Community Services Trust Fund has been received in the amount of
$8,126, This is in response ',~ a grant application the County made
earlier in the summer and is an annual grant. Mrs. Morgan asked
that the Chairman be authorized to sign the said contract - such
monies to be used for the operation of the Redlands Christian Child
Care Center and the Golden Gate Child Care Center.
Commissioner Archer moved, seconded by Commissioner Brown and
carried unanimously, that the Chairman be authorized to sign the
contract with the Department of Community Affairs for the amount of
$8,126 to be received.
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044 rt.~:155
October 10, 1978
BOARD DESIGNATES HOURS FOR HALLOWEEN CELEBRATION RE TRICK OR
TREATERS AS BEING OCTOBER 31, 1978 BETWEEN 6:30 P.M. AND 8:30 P.M.
. ,Because inter,~sted'parentshaveoall~d regar~i~9 'the Board
designating one evening for the small children to celebrate
Halloween, Commissioner Brown moved, seconded by Commissioner
Archer and carried unanimously, that October 31, 1978 between the
hours of 6:30 P.M. and 8:30 P.M. be designated as the time for
Trick or Treaters to celebrate Halloween.
RESIGNATIONS FROM THE FOLLOWING l~MBERS OF THE INDUSTRIAL DEVELOP-
MENT AUTHORITY - JAl~S RINGO, WILLIAl.J J. RYAN, ALFRED W. ROEPSTORFF
AND NORMAN A. HERREN - ACCEPTED
Commissioner Wenzel moved, seconded by Commissioner Brown and
carried unanimously, that the resignations of James Ringo, William
J. Ryan, Alfred W. Roepstorff and Norman A. Herren from the Industrial
Development Authority be accepted.
UTILITY DIRECTOR AND COUNTY ATTORNEY REQUESTED TO INVESTIGATE THE
TWO PETITIONS FROM PROPERTY Ol~ERS/WILLOUGHBY ACRES RE Il.JPACT FEES
AND RELIEF THEREFROM - CHAIRMAN REQUESTED THE RESULTS BE BROUGHT
BACK TO THE BOARD AND IN TURN TO THE PROPERTY OWNERS
Administrative Aide Mary ~Iorgan stated that on March 21, 1978,
the Board adopted a "system development charge" for sewer and water
connections in the North Naples area as part of the overall County
Utility Division. At that time, Commissioner Wimer brought to the
attention of the Board the situation that would be developing in
I~illoughby Acres concerning this fee. Mrs. M~rgan then said two
petitions have been received by the Board regarding this situation.
One petition, containing 14. signatures from people who own residences
in Willoughby Acres, requested the Board to consider a method whereby
they would not have to pay the sewer impact fee. The other ~etition)
containing 112 signatures from people who are property owners but have
not yet constructed residences in Willoughby Acres, requested the Board
to consider an "easy payment plan" for their sewer impact fee.
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BOCK 044 p~~:157
October 10, 1978
LETTER FORI~ARDED TO SOUTH CENTRAL ELORIDA HEALTH SYSTEMS COUNCIL,
-INC. 'RE THE COUNTY'S C~RTIFICATE.OF NERD AND THE COLLIER HEALTH
SERVICES, INC. . , . . ." ,
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Administrative Aide Mary Horgan stated that a letter from
I-lilliam J. Clarke, Collier Health Systems, Ino., has been received
asking that the County relinquish its Certifioate of Need to the
aforementioned Health Service as the County had not been given
the companion grant from HEW that is necessary in order to use the
Certificate. County Hanager Norman explained that a letter has been
sent to the South Central Florida Health Systems Council, Inc.
requesting advice on whether or not the Certificate should be re-
linquished since there is no guarantee that the Collier Health Service,
Inc. would receive it after such action has been taken.
SHERIFF FILES PRECINCT NUMBER FOR NEW DEPUTY SHERIFF SA.\fUEL P.
PACCHIOLI, JR.
Pursuant to Florida Statute 30.08, Sheriff Aubrey Rogers filed
the following Deputy Sheriff Samuel p, Pacchio1i, Jr.'s precinct
number to become part of the recorda
Name of Deputy: Samuel P. Pacchio1i, Jr.
Precinct No: 8
LAKE TRAFFORD ~mHORIAL GARDENS CERTIFICATE DEED NO. 172 - RECORDED
AND FILED FOR THE RECORD
Pursuant to action of the Board January 10, 1978 wherein the
Chairman was authorized to sign various deeds to Lake Trafford
Memorial Gardens cemetery lots as the need arises, the following
Deed No. 172 was recorded and ~iled for the record:
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34.
Copy of the Month-End Reports on Building Permits as
of September 30, 1978 - filed.
Copy of Month-End Report from Animal Control Department
re complaints received, investigated, fees received,
licenses obtained, etc. for month ending September 30, 1978 _
filed.
35.
36.
Notice from Representative Mary Ellen Hawkins of public
meeting on the constitution revisions to be held November 1,
1978 at 7:30 P,M" Courthouse Complex - filed.
There being no further business for the good of the County the
regular meeting was adjourned at 4:50 P.M. by order of the Chair.
BOARD OF COUNTY COMMISSIONERS/EX
OFFICIO GOVERNING BOARD(S) OF SPECIAL
DIS ICTS UNDER ITS CONTROL
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