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BCC Minutes 09/23/1980 R • Naples, Florida, September 23, 1980 • • 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: CHAIRMAN: Clifford Wenzel VICE-CHAIRMAN: Thomas P. Archer John A pistor. David C. blvw.1 ABSENT: C. R. "Russ" Wimer ALSO PRESENT: Harold L. Hall, Chief Deputy Clerk/Fiscal Officer; Edna Brenneman, Deputy Clerk; C. William Norman, County Manager; Anthony Pires, Assistant County Attorney; Irving Berzon, Utilities Division Director (10 :00 A.M. ) ; Jeffory Perry, Zoning Director; Terry Virta, Community Development Administrator; Martha Skinner, Social Services Director; Lee Layne, Planner; Thomas Hafner, Public Safety Administrator; John Walker, Assistant County Manager; Mary Morgan, Administrative Aide to the Board; and, Deputy Chief Raymond Barnett, Sheriff 's Department. _,_�L✓l�_ lac l:J L .. ✓..L',,. 4'/ . ✓/. it• � V) . �.. / ill':/li•la. • BOARD OF COUNTY COMMISSIONERS • • Bocc 055 PACES AGENDA September 23, 1980 s NOTICE : ALL PERSONS SPEAKING ON ANY AGENDA ITEM MUST REGISTER PRIOR TO THE ITEM BEING HEARD. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD ••. I'"rER "r'!°I IC PETITIO"s" AT 11 :00 A . M 1 . INVOCATION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES : August 19 , 1980 5. PROCLAMATION AND PRESENTATION OF AWARDS 6. SOCIAL SERVICES • A. Social Service; Ca -1511 , „ . 111111 7. ADVERTISED PUBLIC HEARINGS A. Recommendation that public hearing for the 1979 Building • Code and 1980 Revisions be continued until November 4 , 1980. (Public Safety Division) B. Petition R-80-28-C, Robert Bye , representing Bear ' s Paw: requesting rezoning from "GC" Golf Course to "RM-1 " multifamily and from "RM-1 " to "GC" for a portion of Bear' s Paw property located in Section 26, T49S, R25E. (Community Development) i . C. Petition V-80-10-C, Philip M. Francoeur: requesting variances from minimum distance between structures and from maximum density permitted . ( Zoning) _! D. Petition V-80-11 -C, Larry Lee Blough: requesting a variance from a side setback requirement for Lot 20, Block 2, Naples Manor, Unit 1 . (Zoning) y Planning E. Petition NZ-80-13-C, Count Plin Department : 9 p requesting an amendment to the locational restrictions for use involving consumption on premises of alcoholic beverages by increasing the distance from such establishments to other such establishments , schools , churches , parks and playgrounds from 500 feet to 1 ,000 feet. (Community Development) (Continued from September 9 Agenda) • 8. OLD BUSINESS 1 1 t. -----I Agenda • Page 2 September 23, 1980 • • 9. REQUESTS FOR ADVERTISING A. Petition BD-80-8-C, Phil C. Pearce: requesting boat dock extension to 78 feet on 19 Capri Boulevard. ( 10/21/80) B. Petition NZ-80-14-C, Planning Department : requesting amendment to Section 9, Ordinance 76-30, by adding a paragraph II , "CT" Critical Treatment Overlay District , special regulations for areas of environmental sensitivity. (10/21/80) C. Petition NZ-80-15-C, County Planning : requesting amendment to Ordinance 76-30, Section 38 , "E" Estates District by allowing mobile homes , motor homes , or travel trailers as temporary residences while permanent residence is being constructed . (10/21 /80) D. Petition NZ-80-16-C, Coastal Area Planning Commission : requesting amendment to Ordinance 76-30, Section 18 , Paragraph 16, off-street parking , required amounts for the RM-1B District , boat storage & wholesale, warehouse & storage establishments . (10/21 /80) lb E. Petition R-80-27-C, the Deltona Corporation : requesting zoning from "A" & "A-ST" Agriculture and Agriculture JpeLial area .., to "PUD' property known as Marco Shores Country Club bordered on the West by SR 951 . ( 11/4/80) (This is a companion to Petition R-80-27-C) F. Petition SMP-80-2-C , The Deltona Corporation : requesting_ subdivision master plan approval on property bordered on the west by SR 951 known as Marco Shores . ( 11/4/80) (This is a companion to Petition R-80--27-C) • G. Petition R-80-30-C, Dr. Ahmet Gursoy: requesting a rezoning from "RS-4" Single Family to "PC" Professional Commercial on property on Marco Island locat4d east of Bald Eagle Drive and north of San Marco Road . (11/4/80) H. Petition V-80-2-C , William J . Arvant , D. C : appealing • the Zoning Director ' s decision pertaining to the location of a chiropractor ' s office in a "RT" zoning district. :._ ( 10/14/80) I . Petition V-80-14-C, Raynak Realty: requesting a variance to construct a duplex on Lots 26 and 27 , Block 8, Unit 1 , Naples Park Subdivision with total land area of 12,450 sq. ft. instead of the required 13 ,000 sq. ft. in the "RM-1A" zoning district. ( 10/14/80) J. Petition V-80-15-C, Edwin Gage : requesting a variance • to construct a duplex on a 11 ,550 sq. ft . lot instead • of the required 13,000 sq . ft . of land area as required in the "RM-1A" zoning district. (10/14/80) " I RECORD of *thin&;Ammo,�> ibiliq fietr+r. t.. .1.• •Pint r _._ i • . Agenda Page 3 September 23, 1980 .• • 10. COUNTY MANAGER'S REPORT X A. COUNTY MANAGER '0' � Recommendation for approval of FY 80-81 Budget I • . 3rors 055 P„cEtii Allocation for general salary adjustments . • B. COMMUNITY DEVELOPMENT .. ( 1 ) R^solutions to recover funds exnanded by the ■.; County to abate a public nuisance on : (a ) Lot 3 , Block 122, Unit 4 , Marco Beach (b) • Lot 8, Block 306, Unit 9 , Marco Beach --— . (c) Lot 13, Block 329, Unit 10, Marco Beach (d) Lot 15, Block 122, Unit 4 , Marco Beach (e) Lot 16, Block 122 , Unit 4 , Marco Beach (f) Lot 23 , Block 204, Unit 7 , Marco Beach (g) Lot 49 , Block 24, Unit 1 , Marco Beach (2) Recommendation of the Community Development Admini, t1,r oZ, *h the Community Development Division be reorganized. (Conerneed fro-.7 6/16/80 Agenda) - . C. PUBLIC SAFETY ( 1 ) Recommendation for approval For travel for County Building Inspection Director to attend Southern • Standard Building Code Congress International . . • D. PUBLIC WORKS A . ' a: 11 . DATA PROCESSING MANAGER'S REPORT 12. UTILITIES MANAGER'S REPORT . A. COUNTY WATER-SEWER DISTRICT (1 ) Willoughby Acres Water and Sewer Improvements-Sewer . System Change Order. r 1- FM . tJ • *it. • Agenda • Page 4 September 23, 1980 1 B. GOODLAND WATER DISTRICT (1 ) Adoption of revised loan resolution, Non-Discrimination Agreement and Equal Opportunity Agreement . 13. COUNTY ATTORNEY 'S PFDORT A. Recommendation for approval of revised agreement between the Board of County Commissioners and the —-- — School Board for the use of school facilities during disaster. 14. CLERK TO THE BOARD'S REPORT A. Payment of bills B. Budget Amendments C. Other 15. BOARD OF COUNTY LUMMISSIONERS • 16. MISCELLANEOUS CORRESPONDENCE 17. NEW BUSINESS 18. PUBLIC PETITIONS 19. ADJOURN • a p t 055 PACE415 September 23, 1980 AG1;NDA - APPROVED WITH ADDITIONS/DEFERRALS Upon motion by Commissioner Pistor, seconded by Commissioner Brown and carried 4/0 with Commissioner Brown not present, the agenda was approved with the following additions and deferral.:: 1. Public hearing for 1979 Building Code and 1980 Revisions - Continued until November 4, 1980. 2. Consideration of contract with PLANTEC to prepare Need. :•.:alysis for County Finance Authority - Added. 3. Referendum re Incorporation of Marco Island - Added. 4. Referendum re maintenance of Collier Boulevard, Marco F . Island - Added. 5. Presentation of report by County Manager re proposed budget changes - Added. 6. Petition NZ-80-13C, County Planning Department, requesting amandment to locational restrictions • for COP of alcoholic beverages - Continued until September 30, 1980. 7. Establishment of date for public hearing on tentative budget for FY 80-81 and millage - Added. MINUTES OF AUGUST 19, 1980 - APPROVED The minutes of the Regular Meeting held August 19, 1980 were approved as presented upon motion by Commissioner Pistor, seconded by Commissioner Brown and carried 4/0 with Commissioner Wimer not present. SOCIAL SERVICES CASES W-1511, W-3936, AND W-7616-APPROVED Pursuant to Social Services Director Martha Skinner's 1 report that all means of funding the expenses under consideration have been tried and that the expenses are justified, Commissioner Archer moved that Social Services Cases Nos. W-1511, W-3936, and W-7616 be approved for payment. The motion was seconded by Commissioner Brown and carried 4/0 with Commissioner Wimer not present. 4 i L _ [__ t ILA September 23, 1980 PROPOSED ORDINANCE ADOPTING THE 1979 BUILDING CODE AND 1980 REVISIONS (CONTINUED FROM AUGUST 19, 1980) - FURTHER CONTINUED UNTIL NOVEMBER 4, 1980 • Legal notice having been published in the Naples Daily News on July 18 and 25, and August 1 and 8, 1980 as evidenced by • Affidavit of Publication previously filed with the Clerk, public a hears^g wit'^ regard to a nronosed ordinance adopting the 1979 Building Code and the 1980 Revisions thereto was opened and continued until November. 4, 1980 upon motion by Commissioner Archer, seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present. The continuance of the hearing was requested by the staff due to the fact that some areas in the ordinance require further study and improvement. ORDINANCE 80-96 RE PETITION R-80-28C, ROBERT BYE, JR. , REPRESENTING BEAR'S PAW, REQUESTING REZONING FROM "GC" TO "RM-1" AND FROM "RM" TO "GC" FOR PORTION OF PROPERTY IN S26, T49S, R25E - ADOPTED, SUBJECT TO STIPULATTON: nE,TITIONER'S AGREEMENT TO STIPULATION - ACCEPTED Legal notice having been published in the Naples Daily News on August 22, 1980 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-80-28C, filed by Robert Bye, Jr. , Agent for Shelter Corporation • of Canada Ltd. , requesting rezoning of certain property in Section 26, Township 49 South, Range 25 East from "GC" to "RM-1" and from "RM" to "GC" , subject property known as Bear's Paw. Planner Lee Layne pointed out the general location of the property in question on the map provided and stated that the particular parcel consists of .46 acres. She explained that the proposal is to transfer the needed .46 acre from Housing • Area #2 and place it on Housing Area #1 in order to obtain sufficient land area for the 180 units in Area #1 which was discovered to be short in this amount during the final con- struction plan layout. Ms. Layne said that there is no change in density nor golf course acreage and informed the Board that September 23, 1980 BOOS 5c PACE417 • the Coastal Are Planning Commission's recommendation is for approval of the petition subject to the staff stipulation that any change in the originally approved Master Drainage Plan must • be approved by the Water Management Advisory Board. • There were no persons expressing an interest in commenting on the proposal, whereupon Commissioner Pistor moved, seconded by Commissioner Archer and carried 4/0 with Commissioner Wiener uui. in attend.:acc, that the hearing be closed. Commissioner Pistor moved, seconded by Commissioner Archer and carried 4/0 with Commissioner Wimer not present, that the Ordinance, as nuuhbered and entitled below, be adopted and entered into Ordinance Book No. 12, subject to the above-referenced stipulation; and, that the Petitioner's Agreement to the stipulation be accepted. • rr a. ORDINANCE 80 - 96 AN ORDINANCE AMENDING ORDINANCE 76-30, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREAS OF THE COASTAL • AREA PLANNING DISTRICT, BY AMENDING MAP NUMBER 49-25-7 BY REZONING THE FOLLOWING DESCRIBED PROPERTY FROM "GC" GOLF COURSE AND "RM-1" MULTIFAMILY TO "RM-1" TO "GC" : A PORTION OF SECTION 26, T49S, 1225E; AND BY PROVIDING AN EFFECTIVE DATE pw ` t{3.•; • ; 1h. « September 23, 1980 I AGREEMENT ,> T, '�"r•�l;c 1.r /,�I � , as owner or authorized agent for Petition R-80-28C agree to the following stipulations requested by the Coastal Area Planning Commission in their public hearing on ,. - -,-.,-,..:c' . 19/1: '1 • • 1. Revised Master Drainage Plan to be reviewed by Water Management Advi_snry Board. 1 . RECORDER _ of frill 7. MEMO: received. rdocument oulv l �, -1 ) . PEN-k NE E OR AGENT N'1' `` i e REl'IESENT11'1':f.VE FOR CAI'C; /. SWORN TO AND SUBSCRIBED BEFORE ME THIS -'I`_ day of • i ii NOTARY t• v :i\.'� '. :I I •QIArt M:,ttlt$7A/Or 41(..: ,• r.: c' issfo•, r. l a 'I1Y (;ONMT SI!II: EXPIRES:: scrrL`m• •� �,. t 1 . BOC, 055 PATE 4 9 September 23, 1980 RESOLUTION 80-193 RE PETITION V-80-10C, PHILIP M. FRANCOEUR, REQUESTING VARIANCES FROM MINIMUM DISTAP1CF BETWEEN STRUCTURES \ AND FROM MAXIMUM DENSITY PERMITTED RE LOTS 25 THROUGH 30, INCLUSIVE, BLOCK A, CONNER'S VANDERBILT BEACH ESTATES, UNIT 1 • (LA PLAYA HOTEL)_ _ ADAPTED Legal notice having been published in the Naples Daily News on September 7, 1980 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petifinn V- q0-10C filed by Phi' ir M. Francocu- , _uesting variances from minimum distance between structures and from maximum density permitted for property located on Lots 25 -- through 30, inclusive, Block A, Conner's Vanderbilt Beach Estates, Unit 1, and known as the La Playa Hotel site. Zoning Director Jeffory Perry explained that the petitioner is requesting the Board of Zoning Appeals to approve variances to permit the construction of a new building next to the existing La Playa Hotel. Referring to the Executive Summary dated September 11, 1 Qun ^+- Perr" nrovided ads ' ' "-11 ^i ', cation y + .y as to the reasons why the staff is recommending denial of the request; i.e. the existing 100-room hotel, which is built on four of the six lots in question, is non-conforming under present zoning density, which would permit only 78 units, and the additional thirty-seven units, being proposed on the adjoining two lots, would • bring the total to 137 units as opposed to the 117 units which could now be permitted. He noted that the subject two lots could be developed independently of the existing hotel and would permit 39. 3 hotel units. Further, said Mr. Perry, granting a setback variance from 80 ' to 10' between the proposed and existing building would be injurious to the neighborhood and would not be in harmony with the intent and purpose of the Zoning Ordinance one of which is to provide yards that allow for the passing of light and the circulation of air. Mr. Carl Clemmer, representing the Petitioner, added additional information regarding the previous zoning, the present Ca I September 23, 1980 2' zoning category, the density permitted on the subject two lots and the number of units which could be built on the petitioner's five lots across the street from the property in question if the owner chose to do so, off-street parking provisions which have been established, and the like. Responding to Chairman Wenzel 's �bsc_ v atic: '•..hat under ti;- opcsal ther.c -' reduction in thc� number of units which could be built, Mr. Clemmer said that conceivably 207 units could be built on the total properties; however, the owner is only asking for an additional 20 units over what would be permitted on the six lots in question. Opening the hearing up to comments from the public, Mrs. Harold Barclay, area resident, admitted that Mr. Francoeur has built a beautiful complex on Vanderbilt Beach; however, she urged the Board to uphold the recommendation of the planning experts ' - and t` County' s rr--' "*inrs F^r- orderly growth. Dr. Walter S. Wilde, Director of the Vanderbilt Beach Property Owners Association, voiced his concern over adding additional population and inquired as to what assurance would be given that there would be no additional units built on the bay-side of the street by a future owner, how would parking be provided in this event, and the like. Mr. Philip M. Francoeur, the Petitioner, stated that there is no intent to build any more facilities, the plan proposed being to continue the complex which is aesthetically pleasing to the community. He said that he would like for the speakers to realize that there is no idea of putting in all of the units permitted adding the comment that "we have a plan and that' s it" . Chairman Wenzel observed that, in his opinion, the Board cannot control a new owner, observing that a new owner would have to cone before possibly a new BCC and that the present Board cannot control what a new Board is liable to do. BOOK 055 FAGE42L September 23, 1980 Dr. Wilde expressed additional concern with regard to the s proposed height of 14 stories and also questioned what guarantee there would be that the facility will not be converted to interval ownership condominiums. Assistant County Attorney advised that such units are permitted in the zoning category on the property - i.e. "RT" zoning, and he said that he does not believe it would .Tx be necessary t-n come to the Rn>rd for consiA--'tion of such a proposal. Responding to Commissioner Pistor's inquiry as to whether or not there will be kitchen units in the rooms, Mr. Francoeur said there will not. Mr. Cle:-mer clarified the point by stating that small, sixteen square foot pre-manufactuied units, as are found in many hotel rooms in America, will be furnished; however, he emphasized that these are not full kitchen facilities as defined by the Zoning Ordinance. Dr. Wilde suar,,sted that action be deferred nr.ndi.ng the study currently being made to re-examine all the building heights . to be put in the Coastal Zone, reiterating his concern in this regard and also the further concerns regarding increased density and the lack of space between the buildings. Community Develop- ment Administrator Terry Virta explained that Dr. Wilde is r t probably referring to the proposed Zoning Ordinance which will be coming to the Board in the near future expressing the need for limiting heights, possibly recommending a limit of 12 stories above parking facilities. Mr. Michael Moore, Vanderbilt Beach property owner, stated - that he is in favor of the proposal because it will lessen the '` overall density, but that he shares the same concerns as the Sl previous speaker about a potential buyer building on the bay- side lots in the future and inquired if legal restrictions , could be imposed against such eventuality. Attorney Pires pointed out that, generally, a variance runs with the land; F, ILA ti September 23, 1980 • however, certain stipulations can be attached and include the 4 matter under discussion. Mr. Francoeur said that, in his opinion, • such a provision would be unfair. He further stated the opinion that he is being penalized retroactively for a building which was perfectly legal when built and said that there is no need for a setback between two buildings which are under common ownership. Mr. Francoeur expressed his desire to protect his 4 guests from inclement weather while going to and from the dining room in the main building and also to meet the requirements of the Liquor Commission wherein all facilities must be under the same roof. Commissioner Pistor also stated his objection to buildings of 14 stories, noting he would rather they be 12 or less, and also asked where the required parking for the hotel and the addition could be placed in the event the property across from the hotel was sold. Mr. Francoeur said that he has no intention of selling the hotel property because the tennis courts are part of that property and, in his opinion, no one would purchase it without the tennis courts and, additionally, agreed that if the bay-side property was sold, there would not be sufficient parking areas for the hotel property, noting that it would be too • expensive to provide more space. He objected on the grounds of fairness to the Commissioner' s suggestion that a stipulation be imposed to the effect that nothing can be built across the street except parking and tennis courts. At this point, County Manager Norman pointed out that, in order to use the property across from the hotel to meet the parking requirements of the ordinance required an agreement with the County, noting that the agreement goes with the property; therefore, there is some control over the re-use of the property on that side. BOOK 055 PAGE 423 September 23, 1980 All proponents and opponents having been given the opportunity to address the matter, Commissioner Archer moved, seconded by Commissioner Brown and carried 4/0 with Commissioner Wimer not present, that the public hearing be clo3cd. Commissioner Archer moved, seconded by Commissioner Brown and carried 3/1 with Commissioner Wimer not present and rommissioner Pistor voting in opposition, that Resolution 80-193 • with regard to Petition V-80-10C, be adopted. • • • * * 1 •s 3, * * * * * * k".. * • September 23, 1980 RESOLUTION 80-193 s • Relating to Petition Number V-80-10—C _ For A Variance of Property Hereinafter Described in Collier. County, Florida. . WHEREAS, the Legislature of the State of Florida in Chapter 125 and •• 163, fl.orida .,LaLutes, has conkei.ed on all counu,e:; �a Florida the • power to establish, coordinate and enforce zoning and :inch businc:. regulations as are necessary for the protection of the public, and WHEREAS, the county pursuant thereto has adopted a Comprehensive • Zoning Ordinance establishing regulations for the zoning of particular CO geographic divisions of the County, among which is the granting of variances, and WHEREAS, the Board of County Commissioners, being the duly elected constituted board for the area hereby affected, has held a public hearing after notice as in said ._ .._..tions made .,.,.i ._. ;:as consid - ' 0!li the advisability of a Variance from minimum distance between structures and from maximum density permitted in a "RT" zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision A • and arrangement has been made concerning all applicable matters required by said regulations and in accordance with Section 41 of Article 3.B of the Zoning Regulations for the Coastal Area Planning District, and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented, " - NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMR.iSS1ONERS of Collier County, Florida, that the petition of Philip 1I_Fraricoeur __represented by Carl A. Clemrner _-___ _._. ._. _�__..__ M'i th respect to the property hereinafter described as: Lots 25 through 30 inclusive, Block A, Conners Vanderbilt Peach Estates,Unit 1 per plat, recorded in Plat Book 3,Page 8 and 9,Public Records of Collier County,Florida. be and the same hereby is approved for a variance of the "RT" zoning district wherein said property is located, subject to the following conditions: None 055 AA'' BOOK 055 PACE 424 30Jx 055 FACE425 September 23, 1980 • BE IT FURTHER RESOLVED that thin resolution relating to Petition • Number V780 710—C be recorded in the minutes of this Board. - Commissioner Archer offered the foregoing resolution and moved its adoption, seconded by Commissioner_ Brown._.___ and upon . roll call the vote was: AYES: Commissioners Archer, Brown and 1,,.cnze1 • NAYS: Commissioner Pistor ABSENT AND NOT VOTING: Commissioner Wimer ABSTENTION: None Done this __23rd day of SeptemUet_ , 19 230 • ATTEST: BOARD OF COUNTY COMMISSIONERS • WILLIAM J. REAGAN, CLERK COLLIER COUNTY, FLORIDA Y Iif�t 1-6 q01e t7e[ Y; re.. • JLP/sgg/6=C Planning Dept. 4/19/79 • . _ r ' d ff (y' September 23, 1980 ■I RESOLUTION 80-194 RE PETITION V-80-11C, LARRY LEE SLOUGH, REQUESTING A VARIANCE FROM SIDE SETBACK REQUIREMENT FOR LOT 20, BLOCK 2, NAPLES MANOR, UNIT 1 - ADOPTED Legal notice having been published in the Naples Daily News on September 7, 1980 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition V-80-11C, filed by Larry Lee Blough, requesting a 3.7 ' after-the-fact variance from the required 7. 5 'side-yard requirement }r of the "RS-4" Zoning District for Lot 20, Block 2, Naples Manor, Unit 1. Zoning Director Jeffory Perry reviewed briefly the background information contained in the Executive Summary dated September 4, 1980 with regard to the parcel of property in question, noting that the existing residence was built in 1966 by a previous property owner on a non-conforming lot. He said that the petitioner has experienced difficulty in selling the residence due to the encroachment, that he is not asking for any more that the existing encroachment, that no special privileges will be conferred, and • that the granting of the variance will be in harmony and not injurious to the neighborhood. It is the staff recommendation, said Mr. Perry, that the variance be approved. Mr. H. F. Groeger, adjacent property owner, opposed the granting of the variance detailing his reasons for such opposition, among them the actual encroachment and the fact that the house is non-conforming, but, also, because the house is infested with termites. He cited instances of harassment by the petitioner and said that it would be in the general interest of the neighbor- hood that the non-conformity ought not be changed by approving the variance. Referring to the statements made by the speaker with regard to the Sheriff 's Department being summoned on occasion, Chairman Wenzel inquired if any action has been taken. Deputy Chief Barnett said that he would have to search the records before he could reply. 800X 055 PACE4Z/ September 23, 1980 County Manager Norman observed that the reason the petitioner is requesting the variance is to enable him to sell the property which would relieve the problems being encountered. Mr. Groeger said that an attempt was made to purchase the property in order to protect the neighborhood but was unsuccessful. Mr. Pires expressed understanding of Mr. Groeger' s concerns but said that they are not factors to be considered for the granting of a variance, adding that the Board is to be guided by the standards in the ordinance and make a decision based on whether or not there is a hardship on the petitioner involved. He said that the Building Department can inspect the building for termites and safety and require abatement, if appropriate. At the direction of Chairman Wenzel, the County Manager was directed to have the Building Department investigate the matter to see if there are violations. Mr. Marshall Webb, representing the Naples Manor Property Owners Association, urged the Board not to yLai.k. Line variance, even though it is after-the-fact, since the building does not meet County standards , suggesting that there are ways to remedy it - one possibility being to raise the level of the house. The petitioner, Larry L. Blough, submitted a copy of a recent termite inspection report covering inspection made by Arab Pest Control Inc. on August 8, 1980 which found no evidence of termite infestation on the subject property. He said that when he bought the property it was through a VA Loan and that he encountered no trouble as far as the property was concerned in obtaining his loan. Mr. Shirley Holland, Realtor with Tropical Realty, reported that he sold the house in question; however, the buyer was turned F • down by a local lending institution because of the setback violation. He said that the buyer and Mr. Blough did the remodeling • September 23, 1980 on the building in order to bring the house to the point where "it looks nice" . Title insurance was obtained, continued Mr. Holland, but he was not informed that he did not have the proper variance until the attempt was made to finance the purchase. He • said that a continuance from the financing agent has been obtained • and for this reason the variance has been r= -=---e d so that the deal can be closed out. All opponents and proponents having been heard, Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present, that the public hearing be closed. Commissioner Archer moved that the recommendation of staff be approved and that Resolution 80-194 with regard to Petition V-80-11C be adopted. The motion was seconded by Commissioner Brown and carried 3/1 with Commissioner ' r'--r not -ant and Commissioner Pistor voting in opposition. * * * * * * September 23, 1980 do.",t 055 FAGS 429 RESOLUTION 80-194 , . Relating to Petition Number V-80-11-C For A Variance of Property Hereinafter Described in Collier County, Florida. WHEREAS, the Legislature of the State of Florida in Chapter 125 and 163, Florida Statutes, has conferred on all counties in Florida the pourer to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public, and WHEREAS, the county pursuant thereto has adopted a Comprehensive - Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances, and • WHEREAS, the Board of County Commissioners, being the duly elected constituted board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has , onsidered the advisability of a Variance _front_Sil.e .ard neth ck-requiremantt in a "FM-1A" zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement has been made concerning all applicable matters required by said regulations and in accordance with Section 41 of Article 3.B of the Zoning Regulations for the Coastal Area Planning District, and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS of Collier County, Florida, that the petition of Larry Lee Blough __represented by _ Larry Lee Blough — with respect to the property hereinafter described as: y Lot 20,13iock 2,Unit 1,Naples Manor • be and the same hereby is approved for a variance of the "RM-1A" zoning district wherein said property is located, subject to the following conditions: 2 None September 23, 1980 BE IT FURTHER RESOLVED that this resolution relating to Petition Number 11-80-11—C be recorded in the minutes of this Board. Commissioner___ArCher offered the foregoing resolution and • moved its adoption, seconded by Commissioner Brown and upon roll call the vote was: AYES: Commissioners Archer, Brown and Wenzel • NAYS: Commissioner Pistor • ABSENT AND NOT VOTING: Commissioner himur ABSTENTION: None Done this 23rd day of September 1;80 ATTEST: BOARD OF COUNTY COMMISSIONERS WILLIAM J. REAGAN, CLERK COLLIER COUNTY, FLORIDA // Y L� Chan V JI.P/sgg/6-C' Planning,Dept.. ‘4:i?/79 • ti t.. Gu.,,, 46.14J 06E%14 .Dtht_unuJui. 4i, lyov PETITION NZ-80-13C, COUNTY PLANNING DEPARTMENT, REQUESTENG AMENDMENT TO LOCATIONAL RESTRICTIONS RE COP OF ALCOHOLIC BEVERAGES - PUBLIC HEARING CONTINUED UNTIL SEPTEMBER_30, 1980 Legal notice having been published in the Naples Daily News on August 20, 1980 as evidenced by Affidavit. of Publication previously filed with the Clerk, public hearing was continued from September 9, 1980 with regard to Petition NZ-80-13C, filed by the County Planning Department, requesting an amendment to the locational restrictions for use involving consumption on premises of alcoholic beverages by increasing the distance from 500 feet to 1,000 feet and requiring schools, churches, parks and playgrounds to be located a minimum distance from such establishments. At the request of Community Development Administrator Terry Virta, the public hearing was further continued, by the consensus of the Board, until September 30, 1980 to permit additional input from Commissioner Wimer and also to permit further review by the Legal Department. PETITION BD-80-8C, PHIL C. PEARCE, REQUESTING BOAT DOCK EXTENSION TO 78 FEET ON 19 ISLE OF CAPRI BOULEVARD - ADVERTISING AUTHORIZED FOR PUBLIC HEARING OCTOBER 21, 1980 Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present, that Petition BD-80-8C, filed by Phil C. Pearce, requesting a boat dock extension to 78 feet on 19 Isle of Capri Boulevard be advertised for public hearing on October 21, 1980. PETITION NZ-80-14C, PLANNING DEPARTMENT, REQUESTING AMENDMENT TO SECTION 9, ORDINANCE 76-30, BY ADDING A PARAGRAPH II , "CT" CRITICAL TREATMENT OVERLAY DISTRICT, SPECIAL REGULATIONS FOR AREAS OF ENVIRONMENTAL SENSITIVITY - ADVERTISING AUTHORIZED FOR PUBLIC HEARING OCTOBER 21, 1980 Commissioner Archer moved, seconded by Commissioner Pistor, that Petition NZ-80-14C, filed by the Planning Department, requesting an amendment to Section 9 of Ordinance 76-30 by adding a Paragraph II, "CT" Critical Treatment Overlay District, Special Regulations for Areas of Environmental Sensitivity, be advertised for public hearing October 21, 1980. September 23, 1980 Mr. George F. Keller, Chairman of the Zoning Committee of the Collier County Civic Federation, stated that it is his opinion that it is a waste of money to advertise the subject petition. It was pointed out by Chairman Wenzel that the public has to be afforded the opportunity to be heard on the matter. Upon call for the question, the motion carried 4/0 with Commissioner Wimer not present. — PETITION NZ-80-15C, COUNTY PLANNING, REQUESTING AMENDMENT TO ORDINANCE 76-30, SECTION 38, "E" ESTATES DISTRICT BY ALLOWING MOBILE HOMES, AND THE LIKE, AS TEMPORARY RESIDENCES WHILE PERMANENT RESIDENCE IS BEING CONSTRUCTED - ADVERTISING AUTHORIZED FOR PUBLIC HEARING OCTOBER 21, 1980 Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present, that Petition NZ-80-15C, filed by the County Planning Department, requesting an amendment to Ordinance 76-30, Section 38, "E" Estates Distri.et . by allowing mobile homes, motor homes or travel trailers as temporary residences while permanent residence is being constructed, be advertised for public hearing October 21, 1980. PETITION NZ-80-16C, COASTAL AREA PLANNING COMMISSION, REQUESTING AMENDMENT TO ORDINANCE 76-30, SECTION 18, PARAGRAPH 16, OFF-STREET PARKING, REQUIRED AMOUNTS FOR THE "RM-1B" DISTRICT, BOAT STORAGE AND WHOLESALE, WAREHOUSE & STORAGE ESTABLISHMENTS - ADVERTISING AUTHORIZED FOR PUBLIC HEARING OCTOBER 21, 1980 Commissioner Archer moved, seconded by Commissioner Pistor ti and carried 4/0 with Commissioner Wimer not present, that Petition NZ-80-16C, filed by the Coastal Area Planning Commission, requesting amendment to Ordinance 76-30, Section 18, Paragraph 16, Off-Street • Parking, required amounts for the "RM-1B" District, boat storage and wholesale, warehouse and storage establishments, be advertised for public hearing October 21, 1980. PETITION R-80-27C, THE DELTONA CORPORATION, REQUESTING REZONING , FROM "A" AND "A-ST' TO "PUD" ON PROPERTY KNOWN AS MARCO SHORES COUNTRY CLUB-ADVERTISING AUTHORIZED FOR PUBLIC HEARING NOVEMBER 4, 1980 • Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present, that Petition BOCK 055 PAGE 433 September. 23, 1980 • R-80-27C, filed by The Deltona Corporation, requesting rezoning from "A" and "A-ST" to "PUD" on property known as Marco Shores Country Club, bordered on the west by SR 951. , be advertised for public hearing November 4, 1980. PETITION SMP-80-2C, THE DELTONA CORPORATION, REQUESTING SUBDIVISION MASTER PLAN APPROVAL ON PROPERTY BORDERED ON WEST BY SR 951, KNOWN AS MARCO SHORES - ADVER'T'ISING AUTHORIZED FOR PUBLIC HEARING NOVEMBER 4, 1980 commissioner Archer moved, seconded by Commissioner Pistor k- and carried 4/0 with Commissioner Wimer not present, that Petition SMP-80-2C, filed by The Deltona Corporation, requesting Subdivision Master Plan approval on property bordered on the west by SR 951, known as Marco Shores , be advertised for public hearing November 4, 1980. PETITION R-80-30C, DR. AHMET GURSOY, REQUESTING A REZONING FROM "RS-4" TO "PC" ON PROPERTY ON MARCO ISLAND LOCATED EAST OF BALD EAGLE DRIVE AND NORTH OF SAN MARCO ROAD - ADVERTISING AUTHORIZED FOR PUBLIC HEARING NOVEMBER 4, 1980 Commissioner Archer moveu, seconded by Commissioner. Pistor and carried 4/0 with Commissioner Wimer not present, that Petition R-80-30C, filed by Dr. Ahmet Gurspy, requesting a rezoning from "RS-4" to "PC" on property located east of Bald Eagle Drive and north of San Marco Road, Marco Island, bo advertised for public hearing November 4, 1980. PETITION V-80-2C, WILLIAM J. ARVANT, D.C. APPEALING THE ZONING DIRECTOR"S DECISION PERTAINING TO THE LOCATION OF A CHIROPRACTOR'S OFFICE IN AN "RT" ZONING DISTRICT - ADVERTISING AUTHORIZED FOR PUBLIC HEARING OCTOBER 14, 1980 Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present, that Petition V-80-2C, filed by William J. Arvant, D.C. , appealing the Zoning Director' s decision pertaining to the location of a Chiropractor's office In an "RT" Zoning District, be advertised for public hearing October 14, 1980. September 23, 1980 PETITION V-80-14C, RAYNAK REALTY, REQUESTING VARIANCE TO CONSTRUCT DUPLEX ON LOTS 26 and 27, BLOCK 8, UNIT 1, NAPLES PARK - ADVERTISING AUTHORIZED FOR PUBLIC HEARING OCTOBER 14, 1980 Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Wiener not present, that Petition V-80-14C, filed by Raynak Realty, requesting a variance to construct . a duplex on a 12, 450 square font lot inste�a 'f the required 13 . M^ ti square feet of land area on Lots 26 and 27, Block 8, Unit 1, Naples Park, be advertised for public hearing October 14, 1980. PETITION V-80-15C, EDWIN GAGE, REQUESTING VARIANCE TO CONSTRUCT DUPLEX ON TWO LOTS IN DECKER HIGHLANDS SUBDIVISION _ ADVERTISING AUTHORIZED FOR PUBLIC HEARING OCTOBER 14, 1980 Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present, that Petition V-80-15C, filed by Edwin Gage, requesting a variance to construct • a duplex on a 11, 550 square foot lot instead of the required 13,000 squaiC LetL ur ice.,., area as requtreu y„ „e "RN-1A" Zoning District, on two lots in Decker Highlands Subdivision, be advertised for public hearing on October 14, 1980. RECESS: 10 :08 A.M. until 10 :17 A.M. • * * * FY 80-81 BUDGET ALLOCATION FOR GENERAL SALARY ADJUSTMENTS - APPROVED PURSUANT TO STAFF RECOMMENDATION Assistant County Manager John Walker referred to the Executive Summary dated September 15, 1980, together with his memorandum to County Manager Norman dated September 12, 1980, to provide statistical information gained from other Florida governments for the Board to consider in deliberating the FY 80-81 budget allocation for general salary adjustments. He said that the percentage of allocations from the various local governments run between 91% and 11%, noting that the staff is recommending 1 1.0% for Collier County employees. September 23, 1980 BON 055 PAGE Commissioner Archer moved, seconded by Commissioner Pistor, that the staff recommendations, as follows, be approved: 1. That the Board approve an allocation of ten (l.0%) percent of the total regular salary related accounts by fund for merit compensation and uniform wage adjustments. 2 . That the Fiscal Officer be directed to take the necessary budgetary action to include this allocation in the appropriate County funds. '. _ Tha` appor '. �nment of th ove ten (10.o, r...:cent allocation between merit compensation and uniform wage adjustment be held in abeyance until Board review and approval of the Performance Evaluation and the method of merit compensation. At Commissioner Pistor's suggestion, the motion was amended to stipulate that the adjustments be retroactive to October 1, 1980, said amendment agreed to by the maker of the motion. Upon call for the question, the motion carried 4/0 with Commissioner Wimer not present. PROPOSED BUDGET REDUCTIONS AND MODIFICATIONS TO TENTATIVE FY 80-81 BUDGET PRESENTED n" ^" TY MA nER - NO ACT- "'" "' County Manager William Norman recalled that during the previous week when the Board reviewed the entire picture with regard to the FY 80-81 Budget, it was evident from the discussions which took place that it was desirable that another look be taken towards making adjustments in order to avoid any unnecessary increases in County taxes. Having distributed copies of the tabulation entitled Proposed Budget Reductions and Modifications to the Tentative Budget-FY 1980-81, Mr. Norman reviewed each of the proposed changes being offered for Board consideration. Continuing, Mr. Norman explained the first recommendation is to transfer $1, 000,000 from Capital Improvements to General Fund Operations to offset increased taxes for the coming year. Other recommended changes mentioned included terminating ISI Contract, eliminating proposed positions of Division Head and Secretary from Administrative Services Division (Productivity Section) and continuing Management Analyst position, and September 23, 1980 reductions in Medical Examiner Budget, Solid Waste Budgets, Health Department and Mental Health Budgets, Transportation/ R&D Budgets. Mr. Norman said, with regard to the unincorporated area funds, that it is being suggested that, instead of transferring $500, 000 from that fund, as was previously suggested, $100, 000 be transferred into Capital Improvements and the balance of $400,000 be used to reduce taxes for the unincorporated area. He said that tentative commitments have been made with regard to beach access improvements, and the like, and, therefore, it is recommended that the $100, 000 amount be so allocated. Chairman Wenzel commented that tha proposed reduction "looks good" but that additional time is needed for review. Fiscal Officer Harold Hall said that the proposed changes can be incorporated in the printouts to be presented at the Budget Workshop Session the tollowiuy week at which t.i.Iu Lentative budget, with the tentative millage and the rolled back millage, will be discussed. Commissioner Archer reiterated his concern, voiced on a previous occasion, with regard to removing the $1, 000, 000 from Capital Improvements which might leave the Board "up the creek" in the event it is the mandate of the court that the jail facilities be expanded. Mr. Norman explained that sufficient funds are provided in the Bond Issue Program, Fund 302, for the design work which could take the better part of a year and that a financing program will undoubtedly have to be developed for construction of a jail, courtrooms , and the like. In conclusion, Chairman Wenzel said that the Board will convene the afternoon of Tuesday, September 30th, in Budget Review Session, with Mr. Hall adding that at that time there will be a very complete picture on the cash availability. r-. \ { 803K 055 PACE43 /. September 23, 1980 M1 RESOLUTION 80-195 TO RECOVER FUNDS EXPENDED BY THE COUNTY TO ABATE A PUBLIC NUISANCE ON LOT 3, BLOCK 122, UNIT 4, MARCO BEACH - ADOPTED Commissioner Archer moved, seconded by Commissioner P.isr.or and carried 4/0 with Commissioner Wimer absent, that Resolution 80-195 to recover funds expended by the County to abate a public nuisance on Lot 3, Block 122, Unit 4, Marco Beach, property 4 -)caned t-y Josr 71, Spedalcre, 'c ,dcpted. a • * * * ,rc p!. * ;.} * * * * * * b * • R-80-195 September 23, 1980 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE., IN ACCORDANCE WITH ORDINANCE 76-14. . WHEREAS, as provided in Ordinance 76-14, the cost of abatement of certain nuisances, including administrative costs actually incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a !:ccrir.:;cn of •..;J parcel; and WHEREAS, such assessment shall be legal, valid and binding obligations upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of legal notice of assessment after which interest shall accrue at a rate of six percent (6%) per annum on any unpaid portion thereof. • NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property des- . cribed as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME LEGAL DESCRIPTION COST Joseph Special e.,.... Lot 3 .'11ock 122,Mar Peach $33.00 - Unit Uni t 4 '► .. The Clerk of the Board shall mail a notice of the assessment of lien to the owner or owners of the above described property, and, if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be filed in the Office of the Clerk of Courts, in ana for Collier County, Florida, to constitute a lien against such property accord- ing to law, unless such direction is stayed by this Board upon appeal of the Q� assessment by the owner. DONE, ORDERED AND ADOPTED this 23rd day of September 1980 after motion, second and roll call vote as follows: Commissioner Archer Motioned and aye . Commissioner Pistor Seconded and aye Commissioner Brown Aye Commissioner Pion ze.1. Aye 4i i'. Commissioner Winter Absent & not voting; i ATTEST: BOARD OF COUNTY COMMISSIONERS WILLIAM J. REAGAN, CLERK COLLIER COUNTY, FLORIDA • B . ' BY . epu , ;.clerk CLIFWEN' HAIRMAN - BOX 055 PACE September 23, 1980 is RESOLUTION 80-196 TO RECOVER FUNDS EXPENDED BY THE COUNTY TO ABATE A PUBLIC NUISANCE ON LOT 8, BLOCK 306, UNIT 9, MARCO BEACH - ABATED Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present, that Resolution 80-196 to recover funds expended by the County to abate a public nuisance on Lot 8, Block 306, Unit 9, Marco Beach, subject property owned by Johannes Machiel Driesen, be adopted. • • ' 'as Yeti s1 p - * * * * * * +Kyyy{ A * * * qt� • R-80-19G September 23, 1980 • A RESOLUTION OF THE BOARD OF COUNTY . COMMISSIONERS PROVIDING FOR ASSESSMENT 4 LIEN, FOR THE COST or TIIE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 76-14. WHEREAS, as provided in Ordinance 76-14, the cost of abatement of certain nuisances, including administrative costs actually incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be • calculated and reported to the Board of County Commissioners, together with des, :ption :;aid parcel; al, . WHEREAS, such assessment shall be legal, valid and binding obligations upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of legal notice of assessment after which interest shall accrue • at a rate of six percent (6%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property des- cribed as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME LEGAL DESCRIPTION COST Johannes L-L.Leser. 8,II1ck. to • - Marco Beach The Clerk of the Board shall mail a notice of the assessment of lien to the owner or owners of the above described property, and, if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy • of this Resolution shall be filed in the Office of the Clerk of Courts, in and for Collier County, Florida, to constitute a lien against such property accord- ing to law, unless such direction is stayed by this Board upon appeal of the assessment b•, the owner. DONE, ORDERED AND ADOPTED this 2Jrd day of September 1980 after motion, second and roll call vote as follows: Commissioner Archer Motioned and aye Commissioner Pis for Seconded and aye Commissioner Brown Aye Commissioner Wenzel Aye Commissioner IVi.mer Absent $ not voting ATTEST: BOARD OF COUNTY COMMISSIONERS WILLIAM J. REAGAN, CLERK COLLIER COUNTY, FLORIDA y: ' / I �/1t BY: /� L� Deprrt CLIP, RD WENZE . CHAIRMAN BOCK 055 PAGE September 23, 1980 RESOLUTION 80-197 TO RECOVER FUNDS EXPENDED BY THE COUNTY TO ABATE A PUBLIC NUISANCE ON LOT 13, BLOCK 329, UNIT 10, MARCO BEACH ADOPTED Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Wirer not present, that Resolution 80-197 to recover funds expended by the County to { abate a public nuisance on Lot 13, Block 329, Unit 10, Marco Beach, subject property owned by Erik Sten Lundgren, be adopted. • * * * * * ; * * * September 23, 1980 R-80-197 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 76-14. WHEREAS, as provided in Ordinance 76-14, the cost of abatement of certain nuisances, including administrative costs actually incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with -. desc. :dtion said parcel; art..: WHEREAS, such assessment shall be legal, valid and binding obligations upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days • after the mailing of legal notice of assessment after which interest shall accrue at a rate of six percent (6%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property des- cribed as follows, and having been abated of a public nuisance after due and . g proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: 4. NAME LEGAL DESCRIPTION COST - • Erik Sten Lundgren Lot 13,Block 329 .Tt^4l- 1.0 $33.fln i•Jareo Beach • The Clerk of the Board shall mail a notice of the assessment of lien to • the owner or owners of the above described property, and, if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be filed in the Office of the Clerk of Courts, in and for Collier County, Florida, to constitute a lien against such property accord- ing to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. 23rd day of September , 1980 after motion, second and roll call vote as follows: 1 Commissioner Archer Motioned and aye Commissioner Pistor Seconded and aye Commissioner itroxn Afire ' Commissioner Wenzel Aye Commissioner Vanier Absent f not voting y P. 1!,' ATTEST: BOARD OF COUNTY COMMISSIONERS f' WILLIAM J. REAGAN, CLERK COLLIER COUNTY, FLORIDA• 4. . By: B Y: .c/ /...c Deputy '.I-eirk�.— CLIFF * ',ti' NZEL CHAII;i.IAN . ' • . � .. A. BOOK 055 rAGE443 September 23, 1980 RESOLUTION 80-198 TO RECOVER FUNDS EXPENDED BY THE COUNTY TO : ABATE A PUBLIC NUISANCE ON LOT 15, BLOCK 122, UNIT 4, MARCO BEACH - ADOPTED __- f/ Commissioner Archer moved, seconded by Commissioner Pistor I I:01!, and carried 4/0 with Commissioner Wimer not present, that Resolution 80-198 to recover funds expended by the County to , abate a public nuisance on Lot 15, Block 122, Unit 4, Marco {.fi; Beach, property owned by Richard [-[oeman, be adopted. . . 4 it r at Ai, * i ry _ 1 y * I f iyy 1 d • Y' * * \ * 1 * * * fl I a` +s----.+. L____i L_I • R-80-198 September 23, 1980 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT • 4 'N OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH t. . ORDINANCE 76-14. WHEREAS, as provided in Ordinance 76-14, the cost of abatement of certain nuisances, including administrative costs actually incurred by the County, shall be assessed against such property; and h. WHEREAS, the cost thereof to the County as to each parcel shall be etim.— i calculated and reported to the Ponrd of County C---nicsioners, together w;"� a description of said P parcel; and ' WHEREAS, such assessment shall be legal, valid and binding obligations ', , upon the property against which made until paid; and r WHEREAS, the assessment shall become due and payable thirty (30) days a after the mailing of legal notice of assessment after which interest shall accrue i. at a rate of six percent (6%) per annum on any unpaid portion thereof. Y, NOW, THEREFORE, BE IT RESOLVED BY l HE BOARD OF COUNTY • COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property des- cribed as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the ¢`; following costs of such abatement, to wit: w, NAME LEGAL DESCRIPTION COST Richard Hoy:..,.... Lc} ,Block 122,:..._.. ' $'t? , Marco Beach { k- The Clerk of the Board shall mail a notice of the assessment of lien to the owner or owners of the above described property, and, if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be filed in the Office of the Clerk of Courts, in and for Collier County, Florida, to constitute a lien against such property accord- , 1, ing to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. I1DONE, ORDERED AND ADOPTED this 23rd day of September , 1980 after motion, second and roll call vote as follows: Commissioner Archer Motioned and aye Commissioner Pistor Seconded and aye Commissioner Brown Aye A Commissioner Wenzel Aye Commissioner Wimer Absent f not voting ,0,. ATTEST: BOARD OF COUNTY COMMISSIONERS ,3 0WILLIAM J. REAGAN, CLERK COLLIER COUNTY, FLORIDA t :''.'. '� By• �� , ,..1 -r-t.. BY: , , .,,4 /��' / f. IleputfIcr1: �%� 1' CLIFI4-f2D WENLE if CHAIRMAN P BOX 055 PACE 44 September 23, 1980 RESOLUTION 80-199 TO RECOVER FUNDS EXPENDED BY THE COUNTY TO ABATE PUBLic. NULSANCE UN LOT 16, BLOCK 122, UNIT 4, MARCO BEACH - ADOPTED Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner. Wimer not present, that Resolution 80-199 to recover funds expended by the County to abate a public nuisance on Lot 16, Block 122, Unit 4 Marco ^act' , prop` y owned by C. itd VannesLL, adopted. Ap * * * * * * * * * II 4 R-80-199 September 23, 1980 A RFSC)I IITIf1N r1F TI-IF BOARD OF COUNTY LIN COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 76-14.. WHEREAS, as pruvided in Ordinance 76-14, the cost of abatement of certain nuisances, including administrative costs actually incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with ' e ..lascrip ,-.i of said parci.�; •,d -'' • WHEREAS, such assessment shall be legal, valid and binding obligations - - - upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days >; after the mailing of legal notice of assessment after which interest shall accrue at a rate of six percent (6%) per annum on any unpaid portion thereof. • NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property des- cribed as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME LEGAL DESCRIPTION COST . Godfried Vanneste Lot 16,Block 122, Unit 4 $33.00 . Marco Beac.h The Clerk of the Board shall mail a notice of the assessment of lien to 1 , the owner or owners of the above described property, and, if such owner fails to pay such assessment within thirty (30) day:. hereof, a certified copy of this Resolution shall be filed in the Office of the Clerk of Courts, in and for Collier County, Florida, to constitute a lien against such property accord- ing to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. DONE, ORDERED AND ADOPTED this 23rd day of September , 1980 after motion, second and roll call vote as follows: Commissior,w Archer Motioned and aye - - - Commissioner Pistol- SeLurtded and aye Commissioner Brown Aye Commissioner Wenzel Aye Commissioner 1Vimcr Absent & not voting �`,,ATTESTc.';- BOARD OF COUNTY COMMISSIONERS l .s'�`.•1NILLIAM•'J$EAGAN, CLERK COLLIER COUNTY, FLORIDA By /.B i e..- • // 106 ' - Deputy 'lark CLIFF./D 1 NZE CHAIRMAN ''t •, I ' r. t C1'1/.I'P%cnn/t;-,I . . - 055 tArc4`4'7 September 23, 1980 • RESOLUTION 80-200 TO RECOVER FUNDS EXPENDED BY COUNTY TO ABATE PU!3LIC NUISANCE ON LOT 21, PT.( CK 7(14, i1NTT 7, MAP O TwArT4 - v• ADOPTED Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present, that Resolution 80-200 to recover funds expended by the County to abate a public nuisance on Lot 23, Block 204, Unit 7, Marco Beach, said property owned by Verne Olufson, be adopted. • ...... ....... w * * * * R-80-200 September 23, 1980 A RESOLU I ION OF I HE BOARD OF COUNTY .1 • COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR 'fHE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 76-14. • • • i WHEREAS, as provided in Ordinance 76-14, the cost of abatement of certain nuisances, including administrative costs actually incurred by the . i County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculenrf and "sported to the n•171-cl of County ^-••n-Ir^sioners, together with '' a description of said p parcel; and F,; ! WHEREAS, such assessment shall be legal, valid and binding obligations upon the property against which made until paid; and t WHEREAS, the assessment shall become due and payable thirty (30) days ! after the mailing of legal notice of assessment after which interest shall accrue i at a rate of six percent (6%) per annum on any unpaid portion thereof. • NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property des- cribed as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the 3.. following costs of such abatement, to wit: • NAME LEGAL DESCRIPTION COST • Verne Olufson Lot: 23,Block 204,Marco Beach $33.00 • _nit 7 v t The Clerk of the Board shall mail a notice of the assessment of lien to . the owner or owners of the above described property, and, if such owner . fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be filed in the Office of the Clerk of Courts, in and N for Collier County, Florida, to constitute a lien against such property accord- ing to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. l. DONE, ORDERED AND ADOPTED this 23rd day of September , . 1980 after motion, second and roll call vote as follows: Commissioner Archer Motioned and aye Commissioner Pistor Seconded and aye Commissioner Brown Aye • Commissioner Wenzel Aye Commissioner IVimer Absent £, not voting 4 r I ATTEST: BOARD OF COUNTY COMMISSIONERS WILLIAM J. REAGAN, CLERK COLLIER COUNTY, FLORIDA•BY: , __ BY: 1;2_ C �_ , ePii1: aerk�/�?/ CLIF /RD WENL ', CHAIRMAN aa�R 055 FASE449 September 23, 1980 4/ RESOLUTION 80-201 TO RECOVER FUNDS EXPENDED BY COUNT'. TO ABATE PUBLIC NUISANCE ON LOT 49, BLOCK 24, UNIT A, MARCO BEACH =ZJ)OPTED Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present, that Resolution 80-201 to recover funds expended by the County to abate a public nuisance on Lot 49, Block 24, Unit 1, Marco Beach, sated property u::acd by Short, be auoptt d. * * * * * * * * * m . • R-80-201 September 23, 1980 /I A RESOLUTION or TIE BOARD or cSeePt r .' COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH • ORDINANCE 76-14. WHEREAS, as provided in Ordinance 76-14, the cost of abatement of certain nuisances, including administrative costs actually incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be ralcule'^ri and °-ported to the '.-,- -d of County :.,sioners, togethc.' a description of said parcel; and WHEREAS, such assessment shall be legal, valid and binding obligations upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of legal notice of assessment after which interest shall accrue . at a rate of six percent (6%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property des- cribed as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME LEGAL DESCRIPTION COST William J. Short Lot 49(Block 24 ,Marco $33.00 i - B^ .' Unit 1 • I 1 • The Clerk of the Board shall mail a notice of the assessment of lien to the owner or owners of the above described property, and, if such owner ` • . fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be filed in the Office of the Clerk of Courts, in and for Collier County, Florida, to constitute a lien against such property accord- ing to law, unless such direction is stayed by this Board upon appeal of the i assessment by the owner. • i DONE, ORDERED AND ADOPTED this 23rd day of September , 1980 after motion, second and roll call vote as follows: • ___ 1j Commissioner Archer Motioned arid aye . Commissioner Pistor Seconded and aye Commissioner Brown Aye ' Commissioner Wenzel Aye ..i A • r Commissioner W'imer Absent q not votinp, 1 ATTEST: BOARD OF COUNTY COMMISSIONERS WILLIAM J. REAGAN, CLERK COLLIER COUNTY, FLORIDA Y G� �..--� ,/ - BY 1c >>r r,3 a r• /�� CLI WENZEL CHAIRMAN ■ :. ..� V4J4J IAJL 1Li September 23, 1980 PROPOSED xEUkGANILkiiON uE' u)MMUNiTY DEVELOPMENT DIVISION RE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - APPROVED Community Development Administrator Terry Virta informed 1 the Board of his recommendation to reorganize the Community Development Division in order to separate from the Planning Department the Community Development Block Grant Section and placr withi^ the Division a rommunity Do7^' -nment Block Grant Program. Originally, explained Mr. Virta, the proposal was to set the Program up in a separate division; however, due to Commissioner Wimer's concern over creating another County Department, the proposal has been amended to place the Program under his direction administratively. In answer to Commissioner Archer, Mr. Virta said that there is no change in personnel • anticipated. Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 th Commissioner i1im^r ',of orr^,*,t, that the reorganization of the Community Development Division be approved pursuant to staff recommendation, effective immediately. TRAVEL REQUEST FOR COUNTY BUILDING INSPECTION DIRECTOR TO ATTEND SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL IN MEMPHIS, TENNESSEE FROM OCTOBER 26 THROUGH OCTOBER 30, 1980 - APPROVED Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present, that approval be granted for the County Building Inspection Director to travel to Memphis, Tennessee to attend the Southern Building Code Congress International Annual Building Code Conference, from October 26 through October 30, 1980, as recommended by staff. CHANGE ORDER NO. 1 FOR WILLOUGHBY ACRES WATER AND SEWER IMPROVEMENTS PROJECT (SEWER SYSTEM) RE MITCHELL & STARK CONSTRUCTION COMPANY, INC. - APPROVED FOR CHAIRMAN'S SIGNATURE Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present, that the a Chairman be authorized to sign Change Order No. 1 with regard 1 IllSeptember 23, 1980 • to the Willoughby Acres Water and Sewer Improvements project 4 .. (Sewer System) , increasing the Contract Price with Mitchell & Stark Construction Company, Inc. in the amount of $9, 480.00, making the Contract total $954,001.01, as recommended by the Utilities Manager and the Consulting Engineer for the project. . R. UNITED STATES U PAU'l'M N I Ur Al.:<rl.UL t ur<G . Form 1'I IA 424-7 i, �>a>:RS 11011E ADMINISTRATION '. n ►+o. ,. (K.;v. S-22.6')) 1 – SEWER CONTRACT CHANCE ORDER DATE August 21 ,1980 Sewer System STATr: • .Duty Water-Sewer District- Willoughby Acres _____ Florida — CUNTfACT fort COUNTY Board of County Commissioners, ex-officio Collier .. owNEn Governing Board of the District . r ,.-_.—.__._ - _ __,_______--=========-_—_—__-----_i To_ Mitchell & Stark Construction Company, Inc . (con r,nc No You are hereby' requested to comply'with the ft1krsing ch:rnp,es from the contract plans and specifications: • • Description of Changes DECREASE. INCREASE • �– _ V (Supplemental Finns and Specifications Attached) — in Contract {'rice _ in Contract Price S 1. Add jack & bore under ent.lance. to - Southwinds Estates 54LF 0 $120/LF 6,480.00 2. Extend jack & bore under S-846 . by 25 L1' 0 $120/I.F at intersection . 3,000.00 _ • with Airport Road. • • TOTALS S ...0_ __...._...... ._$9,4180.00.........._... ' Nv.T CHANGE IN C'O\;FRACT PRICE ._ S _,...-.Q.:-,.......:..... . $9..,/tUI.,.-QO................ JUSTIFICATION:. Southwinds Estate entrance vas constructed after the i Willoughby system was designed therefore jack & bore war. not included . • - S-846 was reconstructed and widened after Willoughby system was designed to provide deceleration lane at Airport Read. . 0 • The amount of the Contract will be(Decreased)(Increased)By The Sun Of: nine t hou sa nd, four ou r • - hundred ei ;hty and no/100 holars(S 9,480.00 ) The Contract Total Includinz this and previo;•;Change Orders Cull 13_•: nine hundred fifty–four L))pur :ed n 954 .1. 1. ------- --... woe and 01/1 Ub Dr. --------------------- -- --- – olla ;CS r�000 _). i The Contra,t Period Pr,cided for Cory tic.:, 4:r'! 11e(ii/r�r/,/i ( / //)(Unchanged): __ –0–___ Days. 1 This docucvnit will become a suppler:ler.; to 'he contact and all pn..is.ians will apply hereto. R.eque•sta _r! . __._� _ - _ /, • ro,.....y Q (PAW / Approved I:)• i'IIA ...--.-- _-- ------ - ('Name cm! Title) mat.) [ 055 Pic453 80 '.( September 23, 1980 REVISED FMHA LOAN RESOLUTION, NONDISCRIMINATION AGREEMENT AND EQUAL OPPORTUNITY AGREEMENT RE GGODLAND WATER DISTRICT - APPROVED FOR CHAIRMAN'S SIGNATURE Commissioner Archer moved, seconded by Commissioner Brown and carried 4/0 with Commissioner Wimer not present, that the revised FMHA Loan Resolution, Nondiscrimination Agreement, and the Equal Opportunity Agreement with regard to the Goodland t .:r C.:strict o approved f he Chairman ' .. i ^nature, as recommended by the Utilities Manager. * * * 1 * * * * F September 23, 1980 Position s USDA-FmtHA Form Fml IA 442-47 LOAN RESOLUTION (Rev.4-9.76) (Public Bodies) A RESOLUTION OF THE Board of DireCtO �-- ._.......... t • Or THE Gpad 1 and.Water....Distr .at. AUTHORIZING AND PROVIDING FOR THE INCURRENCE OF INDEBTEDNESS FOR THE PURPOSE OF PROVIDING A PORTION OF Ti lE COST OF ACQUIRING,CONSTRUCTING, ENLARGING,IMPROVING,AND/OR EXTENDING ITS Dater-...t.r.art atii.syicn..and...da.str.:..bu..i.en FACILITY TO SERVE AN AREA LAWFULLY WITHIN iTS JURIDICTION TO SERVE. • WHEREAS,it is necessary for the Good Land Water District (Public Body) �._ . . • (herein Atercilled association) to raise a portion of the cost of such undertaking by issuance of its bonds in the principal • $468;544.,__00..._..... am ount of --- 'pursuant to the provisionsaof • Qridcl.. tatii1 e£ti.Chapters..t?_.5.�....lFi3.r...��i ....1'.0 WHEREAS, the association intends to obtain assistance from the Farmers ilome Administration,United States Department of Agriculture, (herein called the Government)acting under the provisions of the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) in the planning, financing, and supervision of such undertaking and to purchasing of bonds lawfully is.sued.lin.ti\e event that no other acceptable purchaser for such bonds is found by the association:• NOW THEREFORE, in consmerauon of the ....... : the association tie,au) 1. To have prepared on its behalf and to adopt an ordinance or resolution for the issuance of its bonds and containir such items and in such forms as are required by STATE statutes and as are agreeable and acceptable to the Government. 2. To refinance the unpaid balance, in whole or in part, of its bonds upon the request of the Government if at any time it shall appear to the Government that the association is able to refinance its bond, by obtaining a loan for such purposes from responsible cooperative or private sources at reasonable rates and terms for loans for similar purposes and periods of time as required by section 333(c) of said Consolidated Farm and Rural Development Act (7 U.S.C. 1983(c)). 3. To provide for, execute, and comply with Form FmHA 400-4, `Nondiscrimination Agreement"; and For:n FmHA 400.1, "Equal Opportunity Agreement", including an "Equal Opportunity Clause", which clause is to he in. corporatcd in, or attached as a rider to,each construction contract and subcontract involving in excess of 510,000. 4. To indemnify the Government for any payments made or losses suffered by the Government on behalf of the association. Such indemnification shall be payable from the same source of founds pledged to pay the bonds or any other legally perrnissable source. S. That upon default in the payments of any principal and accrued interest on the bonds or in the performance of any covenant or agreement contained herein or in the instruments incident to making or insuring the ham,the Government, at its option may (a) declare the entire principal amount then outstanding and accrued interest immediately due and r- payable, (b) for the account of the association (payable from the source of funds pledged to pay the bonds or any other legally permissahle source) incur and pay reasonable expenses for repair, maintenance, and op:ration of the facility and such other reasonable expenses as may be necessary to cure the cause of default, and/or (c) take possession of the facility, repair, maintain, and operate or rent it. Default under the provisions of this Resolution or any instrument incident to the making or insuring of the loan may be construed-by the Government to constitt:;e default under any other instrument held by the Government and executed or assumed by the association,and default I{ under any such instrument may he construed by the Government to constitute default hereunder. • 6. Not to sell, transfer, lease, or otherwise encumber the facility or any portion thereof,or interest therein,not permit -. others to do so,without the prior written consent of the Government. 7. Not to borrow any money from any source,enter into any contract or ag;rcentent,or incur any other liabilities in connection with mak4:ag enlargements, improvements or extensions to, or for any other purpose in connection with the facility (exclusive of normal maintenance) without the prior written consent of the Government if such undertaking would involve the source of funds pledged to pay the bonds. 8. To place the proceeds of the bonds on deposit in an account,in a bank,and in a manner approved by the Government. BOJK 055 PAGE 455 September 23, 1980 • 9. To comply with all applicable State and Federal laws and regulations and to continually operate and maintain the facility in good condition. 10. To provide for the receipt of adequate revenues to meet the requirements of debt service,operation and maintenance, and the establishment of adequate reserves.No free service or use of the facility will be permitted. I I. To acquire and maintain such insurance coverage including fidelity bonds as may be required by the Government. 12. To establish and maintain such books and records relating to the operation of the facility and its financial affairs and to provide for required audit thereof in such a manner as may be required by the Government,to provide the Government without its request, a copy of .•ach such audit, and 0,• _.^k" and forward to the Gnv'rn' • •-h additional information and reports as it may tram time to time require. 13. To provide the Government at all reasonable times access to all books and records relating to the facility and access to the property of the system so that the Government may ascertain that the association is complying with the provisions hereof and of the instruments incident to the making or insuring of the loan. 14. To serve any applicant within the service area who desires service and can be feasibly and legally served,and to obtain the concurrence of the Farmers (Tome Administration prior to refusing service to such applicant. Upon the failure to provide such service which is feasible and legal such applicant shall have a direct right of action against ■' the association under this agreement. The provisions hereof and the provisions of all instruments incident to the making or the insuring of the loan,unless otherwise specifically provided by the terms of such instruments, shall be binding upon the association as long as the bonds arc held or insured by the Government. The provisions of sections 6 through 13 hereof may be provided for in more specific detail in the bond resolution or ordinance; to the extent that the provisions contained in such bond resolution or ordinance should be found to be inconsistent with the provisions hereof, these provisions shall be construed as controlling as between the association and the Government. The vote was: Yeas 4 ; Nays 0 ---• ; Absent 1 IN WITNESS WHEREOF, the Board of Directors --of the ?oodland Water Distric t has duly adopted this Resolution and caused it to be executed by the officers below in duplicate on this 23rd d•y of Sept4'-mb�r , 19 80 Cocdio.nci Water DDii;trict SEAL { T3 (SEAL) Y Cl ••.. Wenzel Atkit: Wi I lam J. Reagan ,CLERK Title ••CJ..EJrrr n _..._.___ ... D-;put:'Cler. k Title - - \ CERTIFICATION Clerk _Board of Directors of the I, the undersigned,as of the -.......; - - .-........ - -...--..-- .... Cocdland Water District hereby certify that the ••1QAr'-1•••Qf-..P.ix'. X.1:91'4 -- of such Association is composed of 5 -••-•-•••••-••. members, of whom , constituting a quorum, were present at a meeting thereof duly called and 23rd September 80 held on the day of �••••• -•----• •••• ••••• , 19 ; that the foregoing resoltlti6 was adopted at such meeting by the vote shown above;and that said resolution has not been rescinded or amended in any way. Dated,this 23rd day of•S tember , 19 80 6� -L+ar. ✓ il�.� 1.+. AD. for•Wiliii.x J. 'Reagan e ,..._:.............w:. U.S. G.P.O. 1976-665-664/1891 REG.#6 Title ..C.. ...... ....._....._..._...... ........ :_.._ _.. ..._. 1 ( II September 23, 1980 (Pnsrtum t Form FHA 400-4 (12•-24.-64) i UNITED STATES DEPARTMENT OF AGRICULTURE ■ FARMERS HOME ADMINISTRATION s NONDISCRIMINATION A G1tEEVEN'I' t.. (Under Title VI, Civil Rights Act of 1964) . .:) i. Date: .,September 23 , 1980 ss Name: . . . Coodland Water District s Address: ..0O3.1 ier County.Courthouse, . Nap'e.s.,-..florida...33942 ................... x (herein called "Recipient") in accordance with regulations (herein called "the regulations") of the harmers home Admin. • 4 istration and the United State:: Department of Agriculture (herein called "the Department") issued pursuant to Title VI of Civil Rights Act of 1964 and in consideration of a loan or advance made or to be made by the United States of America 4r acting thrr•,;b t1.� Formers Home Administration (herein called "the Government"), hereby covenants and agrees as follows: 1. 1: Recipient shall 'comply with all provisions of the regulations and shall not,on the ground of race,color, or national • origin --• -• / , v . (a) Do•m•, or cruse to be denied, to any person, directly or indirectly, wholly or partially, any service, use, occupancy, financial ,rid, or other benefit (herein called "benefits"t of the whole or any portion of any property, facility, of structure, prol..c't, i;•ervice, or activity which, directly or indirectlt, wholly or partially, is provided with the aid ,• of the loan or.adv'ukc(herein called "aided facility or activity"); or ._ (h) tit at any per,oh, or cause any person to he treated, diffe:c•ntly from any (libel person with respect to any right or ••vrci'rrtur•it.1 fp participate in the benefits of any aided facility or activity; or r° (c) subject any person, or cause any person to be subjected, to discrimination in any other manner in connection with any aided facility or activity or the benefits thereof. It is understood that employment is not within the scope of this agreec.en:. ., 2. Any transfer of any aided facility or activity, other than personal property, by sale, lease, or other conveyance or contract, shall be, and shall be made expressly, strbject to the obligations of this agreement and transferee's assumption thereof. 3. Recipient shall -- -- (a) Keep such records and submit to the Government such timely, complete, and accurate compliance reports at such times and in such form and containing such information as the Government may determine to be necessary to ascertain Recipient's compliance with this agreement and the regulations; and t (b) permit access by authorized employees of the Farmers Hone Administration or the Department during normal business . hours to such of Recipient's books, records, accounts, an,! other sources of information and its facilities as may Ibe pertinent to ascertaining such compliance, and (c) make available to users, participants, beneficiaries, and other interested persons such information regarding the • provision r• of this agreement and the regulations, and in such manner, as the Farmers Home Administration or the Department finds necessary to inform such persons of the protection assured them against discrimination. ,. -- 4, The obligations of this agreement shall continue - - , ) (a) As to any real property, including any structure, pre..-idcd with the aid of the loan or advance, so long as such 1 p real property is used for a purpose for which the loan or advance is matte or which affords similar services or ' • 1•• benefits. (b) As to any personal property provided with the aid of the• loan or advance, so long as Recipient retains ownership },0 or pos;e;lion of the property. (c) As to any other aided facility or activity, until the last a• vance of funds under the loan or advance has been made. FHA 400--4 (12-24-64) 10- Sept.rber 23, 1980 or B0:1( 055 PACE 45? A S. Upon any breach or%iolation of this agreement the Government may, :!t its option — — z (a) Terminate or refuse to render or continue financial assistance to Recipient or for the aid of the property, facility. 'J. • project, service, or activity. .r (b) In case of a loan, accelerate the maturity of the indebtedness. • ' — (c' ti'point a •-i-eiver, or have a recei:�r appointed, to take posnes:;ion of and administer the aided facility or acti•:rr. in order to secure compliance with co:, agreement and the ;.gw..,...:.... For this purpose Recipient t'r•^b•' r:point the Government its agent and attorney-in-fact with power, in event of such breach or violation, so to take possess:en of and administer or to appoint such receiver. This appointment is coupled with an interest and shall be irrevora5'•? while the obligations of this agreement continuo. j (d) Enforce this agreement by suit for specific performance or by any other available remedy under the laws of the United States or the State in which the breach or violation occurs. •• • Rights and remedies prostded for under this agreement shall he cumulative. Ii witness %hereof Recipient, on this, the date first above written, has caused this agreement to be executed by its duly authorized officers and its seal affixed hereto, or, if a natural person, has h^reunto set Recipient's hand and seal. (S F. `I ) Goodland Water District / //� R ecipie ' /' ,,1 _' C •y ,2 ,Pl�i,(1/__._. Attest /�C�- ' _ B - c .eriiam L?/. , Kea.gan, ! mire) C1i ford Henze , Chairman (Title 1 Recipient R ecipien• OU.S. G.°.J. 19'5•cc5•■x•4 1754 RE••=- Y i RECORDER'S -- ._ _ Mr`i011y/j `S of miring. MEMO: 'llunEtY unsatisfactory fra thiror y when raoelvea, v 1 � L L f 1 • r September 23, 1980 4 . i . 1 y 1 UNITED STATES DEPARTMENT OF AGRICULTURE? i ;r, Form F11,1 400-1 r •r. (flee. 6-26-72) FARMERS HOME ADMINISTRATION C EQUAI, OPFC)fi'I'li\i'fY AGREEMENT This agreement, dated . .sGptsr',?�cr.....23., 1980 between Gc.odland.... later...D.istric.t.................................._..........._...... t l"' (herein called "Recipient" whether one or more) and the Farmers Home Administration, United States Department of y; Agriculture, pursuant to the rules and regulations of the Secretary of Labor (herein called the 'Secretary') issued under the n' authority of Executive Order 11246, as amended, witnesseth: • in consideration of financial assistance (whether Ly a loan, grant, loan guaranty, or other form of financial assistance) made or to be made by the Farmers Home Acbninistrntion to Recipient, Recipient hereby agrees, if the cash cost of construction work performed by Recipient or a construction contract financed with sech financial assistance exceeds 510,000--unless • exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of a • September 24, l965. � 1. Yor t.neohp i•,te or cause to be incorporated into any contract for construction work, or modification thereof, subject r to The relevant rotes, regulations, and orders of the Secretary or of any prior authority that remain in effect, which is paid :i for in whole or in part t"th the aid of such financial assistance, the following "Equal Opportunity Clause": I During the perforrniarace of this contract, the contractor agrees as follows: :i. ' (a) The contractor will not discriminate opine, any employee or applicant for employment because of race, color, religion, sex or national origin. •The contractor will take affirmative action to ensure that applicants are employtd, and that eraproyees are treated during employment, without regard to their race, color, religion, sex or national origin. Such a•''" de, but r I„• limited, to the to!' ' hag, demotion recruits:eat)• pr recruitment advertising: layoff ur termination; rates of pay or other forms of compensation; and . •seleliticer for training, including apprenticeship. The contractor agrees to post is conspicuous places, available r to rr-aployces and applicant:: for employment, notices to be provided by the Farmers llo:.ie Administration setting forth the provisio.s of this nondiscrimination clause. (b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that till qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or enders'reading, a notice, to be provided by the Farmers Horne Administration, advising the said labor union or workers' representative of the contractor's conunitm".n's under this agreement as • required pursuant to Section 202(3)— of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous placer available to employees and applicants for employment. (d) The contractor will comply with ;ail provisions of Executive Order 11246 of September 24, 1955, and of all rules, regulations and relevant order;; of the Secretary of Labor and of any prior authority which remain in effect. (c) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1q35, rules, regulations, and orders, or pursuant then'to, and will permit access to his books, records, and accounts by the Farmers Home Administration, Office of Equal Opportunity, U. S. Department of Agriculture, and the Secretary of Labor for purposes of investigation to ascertain compliance with sr:,h rules, regulations, and orders. (f) In the event of the contractor's noncompliance with the Equal Opportunity (Federally Assisted Construction)clause or with any of the said rules, regulations, or orders, this coetract may be cancelled, terminated, or suspended in r- whole or in part and the contractor may be declared ineligible for further Government Contracts or Federally Assisted construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed end remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, of by rule, reet:l;tinn or redv•, of the Secretary of Labor, or as provided by Low. (g) The contractor will include the provisions of this Equal Opportunity (Federally Assisted Construction) clause: in 1 every subcontract or purchase order, unless cxe.pted by the rules, regulations, or orders of the Secretary of[.char issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such prov'i:;ions will be binding upon each such subcontractor or vendor. Tire contractor will lake such action with respect to any .__ subcontract or purchase order as the Farmers Home Ad!:.1n;stratioa may direct as a means of enforcing such provisions, including sanctions for noncompliance: 'rm•i.-led, 'n,,..ever, that in the event the contractor becomes involved in, or is threatened with, liti,•;dio:a with a subcontractor or vendor as a result of such direction by the Farme:s home Administration, the contractor may request the United Stales to enter into such litigation to protect — the interest of the United States. i " . Septr!nhcr 23, 1980 g0'..A 055 fAIE 459 • ) ) . 2. To be hound by the provisions of the Equal Opportunity Clause in construction work performed by Recipient and paid • for in whole or in part with the aid of such financial assistance. 3. To notify all p:ocpcctive contractors to file Cie rcri;;ircd 'Compliance Slatc;ne at', form FIFA 400-6, v irh their b . 4. Form AD—•125, Instructions to Contractors, will ucconpnny the notice of award of the contract. Bid conditions for all nonexempt Federal and Federally nssisted construction contract:; require inclusion of the appropriate . "Ifometown" or "Imposed" plan :•ffinnative action and equal employment opportunity requirements. All bidders roust comply _ 1 with the bid conditions contained in the invitation to he considered responsible bidders and hence eligible for the aw:ad. : S. To assist and ••ooperat' •.••lively with the Fr.:,:•.. !'• le Administration .1...: .2_ rotary in obtaining the ,.o:,�piia.e.e 111 of contractors and subcontractors v:.itl1 the provisions of the Equal Opportunity Clause and the said rule, regulations, and • orders, to obtain and furnish to the hrnnerx Ifo:ne Administration and the Secretary, Form AD-560, Certification of . . Nonsegregated Facilities, to su'hr it the Monthly Manpo.•c: Utilization Report, Optional Forn1 66, as required and such other t information as they may require for the supervision of such compliance, and to otherwise assist the Farmers Home Administration in the discharge of its primary responsibility for securing compliance. 6. To refrain from entering into any contract, or extension or other modification of a contract, subject to such Executive • # Order with a contractor debarred from Coveime neat ccr.trr.cts or federally assisted construction contracts pursuant to Part II, Subpart D, of such Executive Order or to prior authority; and to carry out such sanctions and penalties for violation of the provisions of the Equal Opportunity Clouse as may be imposed upon contractors and subcontractors by the Farmers Horne Administration or the Secretary pursuant to such Subpart D. 7. That if Recipient fails or n:fuses to comply with these undertakings, the Farmers llomne Administration may take any or all of the following actions: (a) cancel, terminate, or suspend said financial assistance in whole or in part;(b)refrain • from extending any further assistance under the pros:an involved until satisfactory assurance of future compliance has been •*. received from Recipient; and (c) refer the case to the Office of Equal Opportunity, U. S. Department of Agriculture for appropriate action. Witness the due execution hereof by Recipient on this, the date first above written. _------------------ Gc c L u.ex::.. •.._ ....-. Le 1�:tr a C t • Recipient Board of County Comntissioi 11 "'t • Collier County, Florida Es-_0FFic.ia-..Gau.ornirug Pnafi of= the (CORPORATE SEAL) Name of Corporate Recipient • Good. -d Via • PO tr5ct `-1 L- --- Cls.f ord 1•lenzF RNri1�t it cdi1r'1c'.m J. .gee;;an, Clerk:,i<VA Choi man r e ,, • 1 . e , I. t I ■ 1 frGPO-1072-751.990/17 RECORDE85 DMO: /airw ....r.._ ,r w • September 23, 1980 CONTRACT BETWEEN PLANTEC (ECONOMIC CONSULTANTS) AND COLLIER COUNTY HOUSING FINANCE AUTHORITY/BOARD OF COUNTY COMMISSIONERS FOR PREPARATION OF NEEDS MiS ISL F ITY,,--",A D — Assistant County Attorney Pires reviewed briefly the information contained in the Memorandum dated September 18, 1980 from County Attorney Pickworth setting forth the details of the Neec9s Study for the Collier County uriusing Finance Authority which is a crucial Authority part of the process of preparing a Mortgage Revenue Bond Issue for the Authority. As contained in the subject Memorandum, said Attorney Pires, the Authority is requesting the Board of County Commissioners to execute a contract with PLANTEC Economic Consultants for the fees indicated therein and if the bond issue is sold, the Authority will pay the fees to PLANTEC from the proceeds; if the bonds are not sold, the Authority is requesting the Board to agree to the payment of the fees to PLANTEC. Commissioner Pistor moved, seconded by Commissioner Archer and carried 3/1 with Commissioner Wimer not present and with Commissioner Wenzel voting in opposition, that the subject Contract, as detailed above, be approved, and that an appropriate budget transfer be authorized. gt • • 1 Sept. er 23, 1980 RL;6 0E5 mold • P L A N T E C • Economic Consultants P. 0. Box 52507 Jacksonville, Florida 32.201. • September 17, 1980 • • • Collier County Housing Finance Authority P.O. Box 161.7 Naples , FL 33939 Attention: Robert E. Talley, Chairman • Board of County Commissioners Courthouse Complex - Bldg. "F" Naples, FL 33942 Attention: Clifford Wenzel, Chairman Subject: Contract to prepare a Needs Analysis for. the Collier County Housing Finance Authority Gentlemen: t PLANTEC agrees to prepare a needs analysis for the Collier County Housing Finance Authority which would allow the Authority to determine the need for a moderate income mortgage revenue bond program in Collier County. The scope of service PLANTEC agrees to provide includes the following: 1. Determination of the need/demand for moderate to middle income housing. • 2. Identification of the supply of moderate to middle income housing. 3. Identification of ownership housing supply deficits which can be alleviated with a mortgage bond program. 0, 4. Recommended family income and home price eligibility limits . 5. A market analysis of housing projects where program funds may be directed to determine the extent to which eligible families demand and can afford to purchase housing. LFs 6. Preparation of a document: which will be used by the Authority and its financing team in structuring a bond issue and proceeding through validation. September 23, 1380 I • Collier County Housing Finance Authority Board of September 17 , 1980 .County Commissioners P ' -2- a, - 7. Attendance as required at rating agencies presentations . . f 8. .Preparation of additional information which may be required by rating agencies . J 9. Preparation of a up-date letter for inclusion in the official statement. . PLANTEC agrees to provide the following scope of service for a fee of $10, 000 plus e' penses not to exceed $3, 000 . It is understood that during the course of the analysis for any reason the Authority may decide to terminate the mortgage bond program. If such determinatLon occurs before the rating agency presentations PLA -.EC will bill the Authority r 7-- -' ---2 , 3es e.. a pro rata 1.ni s as follows : fc.. time . Scope of Service Items : 1 through 4 $5, 000 5 and 6 . 8, 000 7 through 9 10, 000 Very truly yours , i.--------s-P4g•-• DAVID A. HOWARD, J . Vice President i DAHjr/d 1 &I,s.a..,/, ..A..o 6744.1 ...)-let'444-444°")--"11t) • Or,' .1:-- .4 0.... . ,c1.41./.14-- 4W.../iAj-- �%_ te-f-i`aseli J. < a.2., If.' ( /,.//az i'l ja• g e r • Box Ce PAGE 463 September 23, 1980 • REVISED AGREEMENT BETWEEN THE BOARD AND THE SCHOOL BOARD OF Ct.LLIER COUNTY FOR USE OF SCHOOL FACILITIES DURING DISASTER - APPROVED FOR CHAIRMAN 'S SIGNATURE Assistant County Attorney Anthony Pires recalled that on 41 August 19, 1980 the Board authorized the Chairman to execute an agreement between the School Board of Collier County and the Board of County Commissioners for the use of school facilities in eve.. of disasters. since that time, said Attorney Pires, 11 the executed agreement has been reviewed and approved, with changes, by the School Board, noting that the changes are set forth in the Executive Summary dated September 15, 1980 and have been reviewed by Civil Defense Director Walker and Public Safety Administrator Hafner. Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present, that the revised Agreement between the Board and the School Board of • Collier C �. � Lvz tl;,. �� of school curing disaster be approved for the Chairman 's signature. tY 'R. * lSA September 23, 1980 AGREEMENT - DISASTER PREPAREDNESS THIS AGREEMENT made by and between the BOARD OF COUNTY • II COMMISSIONERS OF COLLIER COUNTY, FLORIDA, and the SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, W I T N E S SETH : WHEREAS, there exists the continuing possibility of the occurrence vi disasters or t.:«lergencies of unprecedented size ann destructiveness resulting from natural or man-made causes, and WHEREAS, the people of the State of Florida and Collier County wish to make preparations which will be adequate to deal with and reduce vulnerability to such disasters and emergencies, and WHEREAS , the governing board of Collier County is charged by law with the duty and responsibility of safeguarding the life and property of its citizens, and providing assistance and aid in . _ f the event ox any disas,.,:1 , and WHEREAS, the SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, wishes to aid and assist the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, in fulfilling its duties and respon- sibilities in this regard, NOW, THEREFORE, the parties agree as follows : 1. The SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, will make all necessary school buildings , facilities, and grounds available to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, f as shelters to be used in the event of disasters or emergencies. s 2. The SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, will make all necessary school buses available to the BOARD OF COUNTY COM- MISSIONERS OF COLLIER COUNTY, FLORIDA, in order to transport citizens and residents in need of transportation in the event of disasters or emergencies . 3. The BOAR!) OF COUNTY COMNISSIONERS OF COLLIhR COUNTY, FLORIDA, or its designee shall, in advance, investigate and designate those school facilities and sites which it wishes to 4 uae for the purposes of disaster or emergency shelters and shall -, t::,� 055 FA�E445 ` September 23, 1980 make arrangements to secure the use of those sites in the event school personnel are not available to effect such use. 4. Upon a determination by the Chairman of the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, or his designee, that a disaster, as defined in section 252. 34 (5) , Florida Statutes, has occurred or that a threat thereof is imminent, the Superinten- dent of the SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, shall_ be i.m- - mediately notified. If notification takes place during the normal school da"" the SCHOOL 1nA,n') OF COLLIT,n ".TMTY, FLORIDA, l' k' ' . provide for a timely dismissal of school children in those schools • which are necessary to be utilized as disaster shelters. `r 5. Whenever the employees of the SCHOOL BOARD are rendering aid to COLLIER COUNTY under this Agreement such SCHOOL BOARD employees shall have the same powers, duties , rights, privileges and immunities as if they were performing their duties for COLLIER • COUNTY and COLLIER COUNTY shall be liable for their acts and actions as if they were performing their duties for COLLIER COUNTY. 6. CnT.T.Trn COUNTY shall be 14-0.1,, fnr nGG or da m,,, r„ any equipment utilized pursuant to this Agreement and shall pay any expenses incurred in the operation and maintenance thereof. COLLIER COUNTY shall also pay and reimburse the SCHOOL BOARD for compensation paid to employees furnished under this Agreement r during the time of the rendition of such aid and shall defray the actual traveling and maintenance expenses of such employees while they are rendering such aid, excepting administrative personnel. Such reimbursement shall include any amounts paid or due for ' compensation due to personal injury or death while such SCHOOL I BOARD employees are engaged in rendering aid under this Agreement. t The term "Employee" as used in this Agreement shall mean, and the provisions of this Agreement shall apply with equal effect to paid, volunteer and auxiliary employees. 4 ' 7. The SCHOOL BOARD OF COLLIER COUNTY agrees that the use of the School facilities by the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, will be at no charge to COLLIER COUNTY. 8. The BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, ; t. ' FLORIDA, agrees to hold the SCHOOL BOARD OF COLLIER COUNTY harmless 1 EL] 1 September 23, 198u 1! . . as a result of any damage or injuries to persons or property resulting from any of its property used under the terms this • Agreement. • s • 9. The BOARD OF COUNTY CO:LMISSIONERS OF COLLIER COUNTY, FLORIDA, further agrees to pay the SCHOOL BOARD OF COLLIER COUNTY for any damages to the structure or contents of any school resulting directly from the use of the school as a shelter and not from the disaster necessitating the use. No claim for such loss , damage or expense shall be allowed unless within 120 days after the same is sustained or incurred, an itemized notice of such claim under oath is served by mail or otherwise upon the Chief Fiscal Officer of the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. THIS AGREEMENT executed this 4th day of September • 1980. . f 77r1 School Board o Collier County, Board/ �t County Comar{ssioners I • Florida of Col ier County. Florida ' ATTEST: ATTEST: / Thomas . R chey 141' Liam J. Re 4n- 77 Superintendent Clerk to the -'. (9/23/80) , • ".) ':7 • r(S • I P�� 055 rr-43 V' r • x 055 aa 467 B0.1< September 23, 1980 ROUTINE BILLS, INCLUDING PAYMENT OF $739,207.83 TO TAX COLLECTOR • REPRESENTING 3% FEE - APPROV°D FOR PAYMENT Fiscal Officer Harold Hall explained that, included in the bills being presented for approval of payment, is the payment of $739,207.83 to the Tax Collector for the 3% fee changed to the Board during the year. Mr. Hall described how this procedure . differs from prior years and said that it will enable the Tax Collector to proceed on a cash, or accrual, basis and bring . his accounts up-to-date. Also, continued Mr. Hall, it will I __ move a significant amount of cash, approximately $600,000, from the Tax Collector to the Board, will replace the receivable the Board had last year of $630,000, and become cash available in the budget. Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present, that the — bills be approved for payment as witnessed by the following Ichecks issued from September 17, 1980 through September 23, 1980: ACCOUNT CHECK NOS. 1 BCC Payroll - CETA 3799 - 3983 County Vendor Checks 12262 - 12645 t• BUDGET AMENDMENT 80-182 TRANSFERRING GRANT FUND APPROPRIATIONS RE SOCIAL SERVICES-HOMEMAKERS - ADOPTED IN THE AMOUNT OF $2,004. Commissioner Archer moved, seconded by Commissioner Pistor = and carried 4/0 with Commissioner Wimer not present, that Budget ' 1 Amendment 80-182, to transfer grant fund appropriations to more accurately reflect expenditures with regard to Social Services- Homemakers, be adopted in the amount of $2,004. l i 0 I, 1 v September 23, 3.980 - 4; M1 BOARD OI' COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BUDGET AMENDMENT gg Requires Board Approval L-✓ Does' Not Require Board Approval (transfer within object code range) FUND G1NERAI: . . . . DEPT. SOCIAL SERVICES - HOMEMAKERS DESCRIPTION: • ' 3 Transfer grant fund appropriations from Regular Salaries to Household and Institutional Supplies and Office Equipment/Furniture, t% more ac,uuLcitety r ' those lines . be charged. I � - I TO (Increase) : Household & Institutional Supplies 001-564-1-14-80-030-524 $ 657 Office Equipment & Furniture 001-564-1-14-80-030-642 1,347 Total $ 2,004 • t FROM (Source of Funds) : Regular Salaries 001-564•-1-14-80-030-120 $ 2, 004 • . t Cou .y Mgr -)iv. i..r.~ Fiscal Office ._ Board of County Comm. BUDGET T L S/ <_ I /1 6 A p r.� A pro 1 Apnrova1 : Dale: 474.0 Dater ,� hate: 9/23/SO No. 80 182 DI:i'fk7I:ii7'IO:t: L'u;ircl Record:: (Original) /7 Accounting Department 77 Fiscal Officer. 7-7 Purchasing (Equipment Only) _— ---_-__ I)c} ,rtnen1(� ) Affected / Midget Analyst }ev.12/17/ fum ---- 60.3K 055 PACE 4 September 23, 1980 BUDGET AMENDMENT 80-183 TRANSFERRING FUNDS TO PROVIDE FOR • ADDITIONAL COST OF EQUIPMENT RE PUBLIC :SAFETY DEPARTMENT - - a ADOPTED IN THE AMOUNT OF $190 Commissioner Archer moved, seconded by Commissioner Pistor • and carried 4/0 with Commissioner Wimer not present, that Budget Amendment 80-183, to transfer funds to Communications Equipment to cover additional cost of equipment necessary to monitor fire, t� -.mbu'_-:.ce a! : ^heriff frec,_t . _ius re Publl.: oa.:ety DepartmenL, be adopted in the amount of $190. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA • BUDGET AMENDMENT /ny Requires Board Approval /7 Dogs Not Require Board Approval (transfer within object code range) FUND GENERAL DEPT. PUBLIC SAFETY DEPARTMENT • DESCRIPTION: 1� Transfer of funds to Communications Equipment to cover additional cost of equipment necessary to monitor fire, ambulance and Sheriff frequencies. TO (Increase) : Communications Equipment 001-529-1-13-26-010-644 $ 190 FROM (Source of Funds) : • Regular Salaries 001-529-1-13-26-010-120 .$ 190 • • • it Co ty Mg Div )i..r. fiscal Officer Board of County Comm. BUDGET AMEND. AoN ` 111/ Approv 1' f 0/ Approval: Date: Dater 40 Date: 9/23/80 No, 80-183 DISTRIBUTION: ' Board Records (Original) Accounting Department Fiscal Officer Purchasing (Equipment Only) Department(s) Affected L17 Budget Analyst Rcv.12/17/79!Lti September 23, 1980 .di BUDGET AMENDMENT 80-184 TRANSFERRING EXPENDITURE LINE ITEMS TO REFLECT CURRENT YEAR EXPENDITURES RE COUNTY MANAGER - ADOPTED IN THE AMOUNT OF $3,575 Commissioner Archer moved, seconded by Commissioner Pistor • and carried 4/0 with Commissioner Wimer not present, that Budget Amendment 80-184, to transfer funds between line items Emou to me accurately ._Y Luce current .,.:.r�,..litures of County • Manager, be adopted in the amount of $3,575. • BOARD OF COUNTY COMMISSIONERS .° COLLIER COUNTY, FLORIDA BUDGET AMENDMENT Requires Board Approval ' ;0 Does Not Require Board Approval 4 (transfer within object code range) • FUND GENERAL • •• DEPT.. COUNTY MANAGER• I • Transfer of funds between line items to more accurately reflect current expenditures. TO (Increase) 7 Overtime 001-512-1-10-03-010-140 $ 600 , Life & Health Insurance 001-512-1-10-03-010-230 700 Out of County Travel 001-512-1-10-03-010-402 500 Postage, Freight & UPS 001-512-1-10-03-010-420 225 . Xerox Charges 001-512-1-10-03-010-471 1, 200 Data Processing-Operating 001-512-1-10-03-010-473 65 Office Supplies 001-512-1-10-03-010-510 225 Pub., Subs, Momb, Dues 001-512-1-10-03-010-511 60 Total $ 3, 575 FROM (Source of Funds) : --- t Social Security Match 001-512-1-10-03-010-210 $ 340 - Word Processing Charges 001-512-1-10-03-010-472 1,862 Office Equip. & Turn. 001-512--1-10-03-010-642 296 Admin.Serv.-CAP Off. Eq. 001-519-1-1].-09-010-642 1,077 Total $ 3, 575 County Mg ./Div. Dir~. Fiscal. Officer Boa1.d+of County Comm. BUDGET ANC:. r/i f --�� .� Ap,.,t a Q� Approval: ' Date: ��.� Dat : o� Date: q-1?-s � �- _ �23�so No.so-�s.) .) DISTi!7.fsUTI(hl: .L 7 Board ttecordu (Original) 17 Accounting Department 07 t'i:;c.i1 Officer j"', Purchasing (Equipment Only) Department(s) Affected /77 Btu]get Analyst . ) • --- ---- __._._._._- --- Rev.12/17/79NL'.! -- - BIM 065 PACE 47i September 23, 1980 BUDGET AMENDMENT 80-185 ESTABLISHING NEW BUDGETARY UNITS FOR FISCAL YEAR - ADOPTED Fiscal Officer. Harold Hall advised the Board that Budget Amendment 80-185 establishes new budgetary units and line items • so that the current budget, as amended by the subject Budget Amendment, will parallel the proposed 1980-81 budget structure an(' , the: _core, "acilitate them ':_ansition into C:ne new budget structure when it is adopted later this year. He said further that it is proposed that $1.00 be appropriated in each item which will provide a legal basis to expend funds starting October 1st. He said that this procedure is in accordance with the intent of the TRIM Bill and follows existing Statutes on budgeting. There is still much work to be done in making the transition, continued Mr. Hall, and it may require the expenditure of $5,000 to $10,000 on contractual accountants to assist through the period who -'- ' _ -^tter than .?30 ,000 come courites are expected to spend. Commissioner Archer moved, seconded by Commissioner Brown • and carried 4/0 with Commissioner Wimer not present, that Budget Amendment 80-185 , as explained by Mr. Hall, be adopted. • * * * : Y M I • I I_____] 1 September 23, 1980 , RESOLUTXON 80-202 AUTHORIZING ISSUANCE OF REVENUE ANTICIPATION NOTE RE SPECIAL ROAD ASSESSMENTS FUND-ISSUE OF 1980 - ADOPTED Pursuant to brief explanation by Fiscal Officer Harold Hall, Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present, that c Resolution 80-202 authorizing the issuance of Revenue Anticipation Note with regard to Special Road Assessment Fund - Issue of 1980, y be adopted. * * e * i * __ * 4 R-80-202 RESOLUTION AUTHORIZING September 23, 1980 THE ISSUANCE OF REVENUE ANTICIPATION NOTE 9u�R O95 pA;F4?3 SPECIAL ROAD ASSESSMENTS FUND ISSUE OF 1980 WHEREAS, the Board of County Commissioners of Collier County, Florida is empowered to borrow funds and pledge revenues in payment thereof, and finds it is in the public interest to provide interim financing for road paving and improvements in r-Tier ^aunty, Flori(31 . NOW THEREFORE, BE IT RESOLVED THAT: The Board of County Commissioners for value received, hereby will issue a note and promises to pay to the bearer, the principal sum of one hundred sixty-three thousand and no/100 dollars ($163, 000.00) , payable on or before September 25, 1981, with interest computed only to the date redeemed. Both principal and interest in this Note are payable in lawful money of the United States of America at the County • Courthon^^. ^,--'. Napin-, Florida. The Note is one authorized to be issued to finance the cost of road paving and improvements in Collier County, Florida, under the authority of Chapter 125 of the Florida Statutes, and a motion duly adopted by the Board of County Commissioners ' of Collier County, Florida, on September 23, 1980. , • • The Note is payable from and secured by all uncommitted funds other than ad valorem taxes accruing to Collier County, Florida. • It is hereby certified and noted that all acts, conditions, and things required to exist, to happen and to be performed precedent to and in connection with the issuance of the Note, - exist, have happened and have been performed in regular and due course and form as required by the laws and Constitution of the State of Florida applicable thereto, and that the issuance of the Note does not violate any constitutional or statutory provisions or limitations. September 23, 1980 The Note is to be issued September 25, 1980. Commissioner Archer offered the foregoing Resolution and moved it's adoption, seconded by Commissioner Pistor and upon roll call, the vote was: AYES: Commissioner Archer, Pistor, Brown and Wenzel NAYS: None ABSENT AND NOT VOTING: Commissioner Wimer P BOARD OF COUNTY COMI•IISSIONEERS COLLIER COUNTY, FLORII A y Dated: September 23, 1980 �/ i'e / Commissioner • ATTEST: 1N. WILLI:AM J. REAGAN, CLERK • - By:/V • v�-� Depute- Clerk Appro d a- f5):,/) 1 V /%5 Coun y A to •:¢7, ■ c. n BOO( 055 PACE 475 •. September 23, 1980 RESOLUTION 80-203 AUTHORIZING THE ISSUANCE OF REVENUE ANTICIPATION NOTE RE KELLY ROAD WATER ASSESSMENT FUND- ISSUE OF 1980 - ADOPTED As recommended by Fiscal Officer Harold Hall, Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present, that Resolution 80-203 authorizing the issuance of Revenue Anticipation Note with r,.gard Lo the ..wily Road Water essessmenL Fund - Issue of 1980, be adopted. * * * * + 4. y R-80-203 September 23, 1980 RESOLUTION AUTHORIZING THE ISSUANCE OF REVENUE ANTICIPATION NOTE KELLY ROAD WATER ASSESSMENT FUND ISSUE OF 1980 WHEREAS, the Board of County Commissioners of Collier County, Florida is empowered to borrow funds and pledge revenues in payment thereof, and finds it is in the public interest to provide interim financing for improvements to potable water system - Kelly } Road, in Collier County, Florida. NOW THEREFORE, BE IT RESOLVED THAT: The Board of County Commissioners for value received, hereby will issue a note and promises to pay to the bearer, the principal sum of fifty thousand and no/100 dollars ($50, 000. 00) , payable on or before September 24, 1981, with interest computed only to the date redeemed. Roth nr;,,cipai and interest in this Note are payable in lawful 1 money of the United States of America at the County Courthouse, East Naples, Florida. The Note is one authorized to be issued to finance the cost of improvements to potable water system - Kelly Road, in Collier County, Florida, under the authority of Chapter 125 of the Florida Statutes, and a motion duly adopted by the Board of County Commis- sioners of Collier. County, Florida, on September 23, 1980. The Note is payable from and secured by all uncommitted funds other than ad valorem taxes accruing to Collier County, Florida. It is hereby certified and noted that all acts, conditions, -- E and things required to exist, to happen and to be performed precedent to and in connection with the issuance of the Note, exist, have happened and have been performed in regular and due course and I form as required by the laws and Constitution of the State of Florida I appliable thereto, and that the issuance of the Note does not violate: any constitutional or statutory provisions or limitations. 8�� nJ�"J FACE September 23, 1980 • j�. The Note is to be issued September 25, 1980. Commissioner Archer offered the foregoing Resolution and ri moved it' s adoption, seconded by Commissioner. I'istor and upon P roll call, the vote was: 4y AYES: Commissioners Archer, Pi.stor, Brown and Wenzel NAYS: None ABSL.,T ANC ..J,' VOTING: Cv..i:.._ssioner Wi.met $ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Dated: September 23, 1980 � // if Commissioner ', ATTEST: WILLIAM ,J. L.A,ERK Br: id.11-,A4? -/Vie4---e'C DcMuty Clerk • • Approv • • • • , /, oup Attor.e e+e.rnonre,*e ♦criurf■• ♦...;l.:Mr. 1 1_31 C ri September 23, 1980 RESOLUTION 80-204 REQUESTING THE DEPARTMENT OF COMMUNITY AFFAIRS TO REIMBURSE COST OF 1979 AUDITS OF THE BOARD AND CONSTITUTIONAL OFFICERS - ADOPTED Commissioner Archer moved, seconded by Commissioner Brown and carried 4/0 with Commissioner Wimer not present, that Resolution 80-204 requesting the Department of Community Affairs to reimburse the cost of the 1979 Audits of the Board of County Commissioners and Constitutional Officers be adopted. Fiscal Officer Harold Hall observed that the amount set forth in the Resolution will not be the total cost of the audits - %: there will be a small additional amount once the Tax Collector' s audit is finished and the combined statement for the Board of County Commissioners and Constitutional Officers is prepared; ri however, he noted that all of the funds expended through 9/30/80 1111 on the five audits will be recovered. * I 1 f4 E * 4y * � j R^i . . . /� (� R- 80-204 NU PA�EA.'7 `opt'ber 23, 1980 RESOLUTION REQUEST FOR THE DEPARTMENT OF COM:•IUNITY AFFAIRS TO Ri;I'•::SU; S; :"i .. THE COST OF THE 1979 AUDITS OF THE BOARD OF COUNTY COt•;:•?IS:SI02:ERS AND CONSTITUTIONAL OFFICERS. WHEREAS,, Section 11.45 FS requires an audit by an independent Certified Public Accountant for the Board of County Commissioners -.''t and Constitutional Officers, and WHEREAS, the Board of County Commissioners authorized t the ' p+.nd'4-nre of Count" fu ndls for thf 1c1/9 audit work, and i WHEREAS, the 1979 audit work has been completed and paid for by the Board of County Commissioners of Collier County, and • WHEREAS, the total cost for the 1979 audit work is fifty-eight } . thousand eight hundred seventy-three and 35/100 ($58, 873.35) . NOW THEREFORE BE IT RESOLVED, that the Board of County Commissioners requests the Department of Community Affairs .• to reimburse the County the total sum of $58, 873.35 for audits required $ ' c :on 11 45 FS and ce'-'-;r,os rh +- the sum requGr'c1 represents costs that are reasonable and lawfully incurred in conformace _ f `_ ormace with Chapter 79 589, Laws of Florida (SB 18-C) Commissioner Archer offered the foregoing Resolution and moved . its adoption, seconded by Commissioner Brown , and upon roll call, the vote was: AYES: Commissioners Archer, Brown, Pistor and Wenzel NAYS: None • i ABSENT AND NOT VOTING: Commissioner Wimer 1I 1 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DATE: September 23, 1980 // '/ /CZ BY: '' %,eve'-->��' Chair �f ATTEST'; .., c;: ,WILLIAM'„J. REAGAN, CLERK • kl t Deputy Clerk Appr ed )I- 7b o in a 1 (legality: ' so1 �(� c y Att. . if I t_.s U i_.___.___e r' September 23, 1980 \ RE-ADOPTION OF FY 79-80 BUDGET, AS AMENDED - AUTHORIZED Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present, that the Board re-adopt the FY 1979-80 Budget, as amended, as an interim operating budget until the final adoption of the FY 1980-81 Tentative Budget. is PUBLIC HEARINGS RE TENTATIVE BUDGET FOR FY 80-81 ESTABLISHED FOR 7:30 P.M. OCTOBER 28 and 29, 1980 It was brought to the Board's attention by Fiscal Officer Harold Hall that if a date can be established for the public hearing on the Tentative Budget for FY 1980-81, he can advise all of the other taxing authorities in the County so that they can set their dates. It was his recommendation that October 28 and 29, 1930 be established for this purpose, pointing out that two nights are required - the first night fnr the c'r•,nty_wide Funds and the Unincorporated Area Funds, and the second night for hedtings on the dependent districts. He explained the timetable for the activities to take place prior to the • suggested dates. Following brief discussion, Commissioner Brown moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner wimer not present, that the dates of October 28 and 29, 1980, beginning at 7:30 P.M. , be established for the public hearings 1 on the FY 1980-81 Tentative Budget. Mr. Hall informed the Board that after the Tentative Budget is approved, it is advertised and the final budget hearing is held no sooner than three days following such advertisement. 1 It was Chairman Wenzel 's suggestion that the final hearing • be held on November 11th with Mr. Hall stating that they can 't1 work towards that date but that it cannot be finalized until J4 the Tentative Budget is approved. 802i 055 LACE 481 September 23, 1980 ADVERTISING AUTHORIZED FOR REVENUE-SHARING HEARING PURSUANT TO REVENUE-SHARING, GUIDELINES WHEN RECEIVED Fiscal Officer Harold Hall advised the Board that the , Revenue-Sharing hearing can be held on the same night that the final budget hearing is held but noted that it must be advertised separately. Due to the fact that Congress has not as yet passed 1 the Revenue-Sharing Act there have been no guidelines received, F,. 4 said Mr. Hall, but suggested that advertising be authorized in accordance with Revenue-Sharing guidelines when they are received. Commissioner Pistor moved, seconded by Commissioner Archer and carried 4/0 with Commissioner Wimer not present, that advertising be authorized for the Revenue-Sharing public hearing pursuant to the guidelines when they are received. t RESOLUTION 80-191 CALLING FOR A REFERENDUM ELECTION TO BE HELD NOVEMBER 4, 1980 ON THE QUESTION OF WHETHER THE CITY OF MARCO ISLAND SHAr,r. BP TNCORPnRATED - AD(lPTFD _ _ ICommissioner Pistor moved, seconded by Commissioner Archer 111 and carried 4/0 with Commissioner Wimer not present, that ti Resolution 80-191, ordering and calling a referendum election to be held on the 4th day of November, 1980 on the question of i whether the City of Marco Island shall be incorporated, be adopted. 1 i t h r' !, 1• M..-.._._. 1.-._.__I .._.__-._. • i ,. RESOLUTION NO. 80- 191 September 23, 1980 A RESOLUTION ORDERING AND CAI.LTNG A REFERENDUM ELEC- TION TO BE HELD ON THE 4th DAY OF NOVEMBER, 1980 ■ . FOR THE PURPOSE OF SUBMITTING TO REFERENDUM THE QUESTION OF WHETHER THE CITY OF MARCO ISLAND SHALL BE INCORPORATED UNDER THE CITY CHARTER CONTAINED IN HOUSE BILL 994, AS PASSED BY THE FLORIDA LEGIS- LATURE AND WHICH WILL BE EFFECTIVE ONLY IF APPROVED BY A MAJORITY OF THE ELECTORATE RESIDING WITHIN THE PROPOSED CORPORATE LIMITS; PROVIDING THAT TIIE PERSONS ' ENTITLED TO VOTE IN SUCH ELECTION SHALL BE THOSE QUALIFIED ELECTORS RESIDING WITHIN THE PROPOSED CORPORATE LIMITS AS DESCRIBED HEREIN; PRESCRIBING • ELECTION PROCEDURES; PROVIDING FOR THE PUBLICA- TIM: :.i.' A NOTICE G.' ;::..E' TION; FROY/.Liary AN EFFECTIVE DATE. WHEREAS, the 1980 Florida Legislature enacted into law House Bill 994 which established and organized a municipality to be 1 known and designated as the City of Marco Island, and WHEREAS, said legislative act by its terms shall become effective only upon a majority vote of the registered electors :+. • residing within the proposed corporate limits in a referendum . election which shall be called by the Board of County. Commis- r sioners of Collier County at the time of the general election on November 4, 1980, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COHI.IIS- SIONERS OF COLLIER COUNTY, FLORIDA that: iSection 1. Refereuuuut Election Caliec:. .1 A Referendum Election is hereby ordered and called to be held within the proposed corporate limits as further described �m herein on the 4th day of November, 1980 for the purpose of submitting to the registered electors residing within the pro- posed corporate limits the following question: • "ARE YOU IN FAVOR OF THE INCORPORATION OF . _ TILE CITY OF MARCO ISLAND UNDER THE CITY CHARTER CONTAINED IN HOUSE BILL 994, WHICH WILL TAKE EFFECT ONLY IF APPROVED BY A MAJORITY OF THE ELECTORATE RESIDING WITHIN THE PROPOSED CORPORATE LIMITS. FOR INCORPORATION LI 1 AGAINST INCORPORATION 77 1 Section 2. Proposed Corporate Limits , The proposed corporate limits of the City of Marco Island are as follows: - A Corporate Line lying offshore from Marco , f Island in portions of Township 52. South, Range 26 East, Collier Country, Florida which line is described as follows: From the corner common to Section 17, 18, 19, 1 and 20, Township 52 South, Range 26 East, run `' Westerly along the line common to said Sections 18 and 19 to a point 300 feet offshore in the Gulf of Mexico from the Mean High Tide Line Section 18 and the point of beginning. From September 23, 1980 nC� p'said point of beginning, run Southerly 300 B03< l37 PA�F'tOJfeet• offshore from the Mean High Tide Line of Marco Island, to the Southerly point of said Island and the mou,h of Caxambas Pass, thence run Northeasterly in the waters of Caxambas Pass to the center line of the channel of said Caxambas Pass; thence run Easterly along the centerline of the channel. of Caxambas P<'ss , but. to a point intersecting a marked channel. running Northerly; thence run Northerly along t:he center• - line of said channel to a point 300 feet: offshore • in Barfield Bay from the Moan High Tide Lino of ', the Easterly end of lands 2o;:rnerly known as J. M. Barfield Subdivision, thence run Northerly, , Easterly, and Southerly, 200 feet offshore in Barfield Bay from the Mean High h Ti.cle I.:i.nc of lj .co Island to iinVexsection with Lhe centerline of Blue Hill Creek; thence run Southeasterly along the centerline of Blue Hill Creek to a point 300 feat offshore in Blue Hill Day from the Mean High Tide Line of Marco :Gland; thence continue Northerly, Easterly, and Southerly 300 feet offshore in Barfield Bay from the Mean High Tide Line of Marco Island to centerline of the aforementioned Blue Hill Creek; thence run Northeasterly along the centerline of Blue Hill Creek, but, to a point intersecting the line common to Range 26 East and Range 27 East, Township 52 South, Collier County, Florida; thence run Northerly along the line common to said Range 26 and 27 but to a point intersecting the centerline of the channel of the Big Marco River; thence Northerly and Northwesterly along +-1 in terlinl of the afor,,mmntioned Big Marco River to a point in Big Marco ritbb, which inter- sects a point 300 feet offshore from the Mean High Tide Line of the Westerly most point of I • Marco Island; thence run Southeasterly and Southerly 300 feet offshore from the Mean High • Tide Line of Marco Island to the point of beginning lying along the East-West line common • to Sections 18 and 19, Township 52 South; Range ` . 26 East. EXCEPTING the bridge right-of-way on SR. 951 and SR. 92. . Section 3. Persons Entitled to Vote The persons entitled to vote in said referendum election shall be all registered electors residing within the proposed corporate limits. Absentee voting shall be permitted in actor- dance with applicable general law. Section 4. Polling Places. The referendum election shall be held at the polling places designated in each precinct within the proposed corporate limits. Section 5. Election Officials The election officials to conduct said election shall be r appointed by the S ,rervisor of Elections pursuant to applicable f. general law. iil I Section 6. Hours of Election f The polls will be open at the polling places on the date of said referendum election from 7 A.M. to 7 P.M. on the same day. 1 . • ; i Section 7. Form of Ballot Septcr 23, 1980 (a) The ballots to be used in said election shall be in substantially the following form: • } OFFICIAL BALLOT REFERENDUM ELECTI; : ON THE INCORPORATION OF THE CITY OF MARCO ISLAND Are you in favor of the incorporation of the City of Marco Island; under the City Charter contained in House Bill 994, which •:111 take efi, , only if approve(' by a majority of the electorate residing within the proposed corporate limits. For Incorporation 1-7 Against Incorporation /"j (b) The Supervisor of Elections shall include on all • ballots and absentee ballots such instructions to voters as are necessary. Section 8. Notice of Election The Clerk of this Board shall publish a notice of this • referendum election in the Marco Island Eagle and in the Naples Daily News, a newspaper of general circulation pub-- I lisped in Collier County, Florida. Said publication shall • be made once a week in the fifth T•,r.ro, and in +•},F• third weal. prior to cne week iii wiuich said referenuuu, election will be held with the first publication to be at least thirty (30) days before the date of the election. Said notice shall be in substantially the following form. • 0 NOTICE OF REFERENDUM ELECTION • NOTICE IS HEREBY GIVEN, that a Referendum Election will be held within the proposed corporate limits of the proposed City of Ilarco Island oil the 4th day of November, 1980 at: the polling places within said proposed corporate i limits ior_ the purpose of determining the following 1 question: ARE YOU IN FAVOR OF THE INCORPORATION OF THE CITY OF MARCO ISLAND UNDER THE CITY CHARTER CONTAINED ' IN HOUSE BILL 994, WHICH WILL TAKE EFFECT ONLY IF r APPROVED BY A MAJORITY OF THE ELECTORATE RESIDING WITHIN THE PROPOSED CORPORATE LIMIT'S. f. FOR INCORPORATION f J AGAINST INCORPORATION /-7 Tile polls will be open at: the polling places on the date of said referendum election from 7 A.,•t. to 7 P.M. on the same clay. All qualified electors residing r within the proposed corporate limits of the City of Marco Island may vote in said election. Absentee i voting shall be permitted upon compliance with i applicable provisions of state law. 6'; 6 $=2< 055 rASE485 September 23, 1980 • A copy of House Bill 994, which contains the proposed • charter for the City of Marco Island and which con- tains a complete legal description of the proposed corporate limits, is on file with, and may be in- spected at, the office of the Clerk of the Circuit A Court of Collier County, Florida, Room 316, Building "F", Collier County Courthouse, Naples, Florida during normal business hours. WILLIAM J. REAGAN `y Clerk of Circuit Court and • Ex Officio Clerk of the Board of County Commissioners of Collier County, Florida By: • 's Deputy Clerk Section 9. Effective Date Commissioner Pistor offered the foregoing Resolution and moved its adoption, seconded by Commissioner Archer and upon roll call the vote was : AYES: Commissioners Pistor, Archer, Brown and Wenzel NAYS: None .` . ,,:: :: AND "T VOTING: C . ' - - . ,.-" DONE AND ORDERED this 23rd day of September, 1980. ATTEST: BOARD OF COUNTY COMMISSIONERS WILLIAM J. REAGAN, C erk COLLIER C UNTY, FLORIDA By://ovtilzd,.:, .Deputy Clerk �Ii -v yfizze al��G- it& 6 �� 4 Clifford Wenzel, ' Chairman Approved as to • and legal sufficie• / lb. / Donald % . • ck erth Collie ,, ounty . ttorney i 1 September 23, 1980 RESOLUTION 80-192 CALLING FOR A STRAW BALLOT VOTE OF THE ELECTORATE TO OBTAIN EXPRESSION OF SENTIMENT RE LEVYING OP AD VALOREM TAX TO FUND COST OF MAINTAINING MEDIAN STRIP ON COLLIER BOULEVARD, MARCO ISLAND - ADOPTED Commissioner Pistor said that he has been requested by the Marco Island Chamber of Commerce and several other groups to place a straw vote on the November 4, 1980 ballot to see ,o-• { whether the residents of Marco would be willing to pay up to 1/10 mill in tax for the maintenance of the median strip A for the full length of Collier Boulevard. A resolution has been drafted by the Attorney to this effect, said Commissioner Pistor, and he moved that Resolution 80-192 be adopted. The motion was seconded by Commissioner Archer and carried 4/0 with Commissioner Wimer not present. 4` �t R'py. Fi �.i 0. * P1 * * NA 055 PAGE`8[ Septer Aber 23, 1980 RESOLUTION NO. 80-797** 0- 192 A RESOLUTION CALLING FOR A STRAW BALLOT WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY KNOWN AS MARCO ISLAND AND FURTHER DESCRIBED HEREIN TO OBTAIN AN EXPRESSION OF ELECTOR SENTIMENT WITH RESPECT TO WHETHER THE COUNTY SHOULD LEVY AN ADDITIONAL AD VALOREM TAX OF NO MORE THAN 1/10TH OF ONE MILL IN ORDER TO FUND THE COST OF MAINTAINING THE MEDIAN STRIP ON COLLIER BOULEVARD, WHICH IS THE ENTRANCE TO MARCO ISLAND. WHEREAS, §125. 01, Florida Statutes , authorizes the Board of r-unty rlmmissioners to place upon r�-,- 111 1ot straw ballet questions in order to obtain expressions of electorate sentiment regarding matters of substantial interest within the County, and WHEREAS, certain residents of Marco Island are concerned that the Florida Department of Transportation, which has assumed responsibility for the maintenance of Collier Boulevard from the Marco Island Bridge to State Road 92 , intends to remove all plantings from the median strip on such road and leave only grass on such median strip, and WWT"7 - ..h ci*47ens feel tr'` ^^gthet, -11y pleasinn plantings and landscaping on such median strip , Collier Boulevard being the entrance to Marco Island, would enhance the appearance, beauty, and economic value of all of Marco Island, and WHEREAS, it is uncertain whether volunteer efforts to maintain such plantings and landscaping will be successful or effective, and WHEREAS, it is felt that the levying of a tax not exceeding the amount specified herein will provide sufficient funds to maintain such plantings and landscaping; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMtiiIIS- SIONERS OF COLLIER COUNTY, FLORIDA that : 1. A straw ballot is hereby ordered to be placed upon the General Election ballot for November 4, 1980 in Precinct 4 to put before the qualified electors of such Precinct, the following question: September 23, 1980 SHALL THE BOARD OF COUNTY COMMISSIONERS LEVY AN AD VALOREM TAX OF NOT EXCEEDING ONE-TENTH (1/10th) OF ONE (1) MILL ON ALL REAL PROPERTY ON MARCO ISLAND, EXCLUDING GOODLAND, FOR THE PURPOSE OF PAYING FOR THE MAINTENANCE OF LAND- SCAPING AND PLANTINGS ON THE MEDIAN STRIP ON COLLIER BOULEVARD. 2. The Supervisor of Elections is hereby directed to place this question upon the General Election ballot for November 4, 1980. le 3. Should this question be approved the Board of .F} f County Commissioners intends to amend County Ordinance No. `. 79-20 to provide that such municipal service tax unit may also provide said landscaping and planting maintenance y within the limits expressed herein. Commissioner Pistor offered the foregoing Resolution t. and moved its adoption, seconded by Commissioner Archer and upon roll call the vote was : AYES: Commissioners Pistor, Archer, Brown and Wenzel s. r __. f NAYS: None ABSENT AND NOT VOTING: Commissioner Wimer g: DONE AND ORDERED this 23rd day of September, 1980. ATTEST: BOARD OF COUNTY C"MMISSIONERS WILLIAM J. REAGAN, C erk COLLIER COUNTY, FLORIDA, FLORI DA- ,k a4 , 1lam y,,,,,' � ' / -- „ , .... �� , ,./7,-,--'Clifford Wenzel , Chairman Ic , ~_ Approved a to .rm an legal suffici )0/ epona d A. - ck v rth Aunty unty $ttorney nC !C�� 055 PACE 0 September 23, 1980 CHAIRMAN AUTHORIZED TO SIGN CERTIFICATE FOR CORRECTION ON '; 1979 TAX ROLL Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present, that the Chairman be authorized to sign the following Certificate for Correction on the Tax Roll: 1979 Tangible Personal Property No. Dated 1979-217 9/12/80 ii> AMERICAN AMBULANCE IS TO BE INSTRUCTED TO DEAL THROUGH NORMAL ESTABLISHED CHANNELS OF ADMINISTRATIVE PROCEDURE AS ESTABLISHED THROUGH THE COUNTY'S ORGANIZATION STRUCTURE • { ,` Pursuant to the memorandum dated September 16, 1980 from Public Safety Administrator Hafner to County Manager Norman :herein clarification is requested, Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Timer not present, that American Ambulance be instructed to deal through the normal established channels of administrative procedure, as established through the County's organization 1. structure, when transmitting information with regard to ambulance Tatters . . CHAIRMA_N AUTHORIZED TO DIRECT STAFF TO PREPARE MODIFIED WEED ORDINANCE SIMILAR TO THE CITY OF NAPLES ' ORDINANCE . Reference was made to the memorandum dated September 18, 1980 from Commissioner Pistor expressing the concern of the people of Marco Island about the continuing weed problem in 1 empty lots . He said that many people use the lots for dumping building rubble, grass clippings, and the like, and it is being requested that some means of enforcing a law prohibitin g the dumping of such materials on the empty lots should be included in the pertinent ordinance. r lCommissioner Pistor moved, seconded by Commissioner Archer, ' that the Chairman be authorized to instruct the staff to prepare a modified Weed Ordinance similar to the one adopted by the 0. City of Naples. September 23, 9 € 1 80 There was a brief discussion wherein it was noted that other areas of the County are experiencing similar problems. f Commissioner Pistor offered the suggestion that if such , f ordinance is adopted in time, he would like to include in the final tax bills a statement informing the taxpayers that f sue:. ordir. ,_• has been 1.,... _d and to lees v,,.yone with empL lots be aware that the County is going to start mandating that lots be cut to certain heights . ' • Upon call for the question, the motion carried 4/0 with Commissioner Wimer not present . a REQUEST FOR OBTAINING VEHICLE FOR USE BY ANIMAL CONTROL OFFICER TO AID IN ENFORCING SECTION VI OF ORDINANCE 78-16 RE PROHIBITION OF ANIMALS ON BEACHES - REFERRED TO COUNTY MANAGER FOR RECOMMENDATIONS ': There was a short discussion of the recommendations contained in the letter dated September 21, 1980 from Egon Hill to County 3 4!. Manager Norman with regard to the ur_enforcement of that section of Ordinance 78-16 which prohibits animals or dogs on the County beaches. Among the recommendations was the rocurem ! p ,, ent of a beach buggy or similar vehicle for use by the Animal Regulation Officer. The matter was referred to the County Manager for any recommendations he may feel are necessary. f: ANNOUNCEMENT MADE CONFIRMING RECEIPT OF FMHA GRANT/LOAN IN THE } AMOUNT OF $224, 400 RE GOODLAND WATER DISTRICT 1 Administrative Aide to the Board Mary Morgan announced that .c i FMHA Grant/Loan in the amount of $224, 400 with regard to the Goodland Water District, has been approved and funds obligated, t c as confirmed in the letter to the Board dated September 19, i 1980 from Michael R. Hightower, State Director, Farmers Home Administration, with attached executed copy of Form FMHA 440-1 - .D Request for Obligation of Funds . a But 055 PACE491 September 23, 1980 I NOTICE OF PUBLIC SERVICE COMMISSION WORKSHOP RE DOT'S HIGH PRESSURE SODIUi". VAPOR STREET LIGHTING CONVERSION PROGRAM •- REFERRED TO COUNTY MANAGER FOR DECISION ON STAFF ATTENDANCE The Florida Public Service Commission Notice with regard to the workshop being held September. 30, 1980 in Tallahassee, Florida to discuss the FDOT's High Pressure Sodium Vapor Street Lighting Conversion Program was referred to the County Manager, ` the -'irect ' ^n of the Cha' . - n, to make '..2.... 7 :cision regarding whether or not members of the staff should attend to obtain first-hand information. MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED There being no objection, the Chair directed that the following correspondence be filed and/or referred to the various departments as indicated: 1. Letter dated 9/11/80, from Thomas V. Porter, Chairman Board of Mosquito Control Commissioners , to Harold Hall, -�.._ _ Fiscal Officer, transmitting District meeting* schedule for . . 1980-° "'_seal year. .._ . ....,... ; Filed. 2. Letter dated 9/15/80 from Mr. and Mrs . James F. Finn 1 offering suggestions re property assessment and taxation in Collier County; supplement letter dated 9/20/80 from Mr. and Mrs . James F. Finn urging approval of proposed Mandatory Dedication Ordinance. xc County Attorney; County Manager; Fiscal Officer; Filed. 3. Memorandum dated 9/22/80 from Gene Hodges , Chairman, Committee on Agriculture and General Legislation, Fla. House of Representatives, transmitting Land-Use Manage- ment questionnaire. xc County Manager; Agriculture Agent for response by 10/30/80; Filed. 4. Copy of public notice dated 9/17/80 from Corps of Engineers re County's application to rebuild an existing boat ramp and improve Bayview Park site. xc Mr. Barksdale; lrr. Rice; ; Filed. 1 5. Letter dated 9/18/80 from Chief John F. Jackson, Marco Island Fire Department, objecting to County's proposal for Fire Safety Plan Officer. xc County Manager; Mr. Hafner; Filed. 6. Letter from Department of Community Affairs, dated 9/18/80 ,; transmitting materials re Local Government Comprehensive t , Planning Act, Chapter 163, FS . xc Planning; Filed. e. 7. DNR Permit No. 79-P-372, issued 9/16/80 re LaPlaya Beach & Racquet Inn and other related material. xc Planning; ! Filed. `` 8. Memorandum dated 8/25/80 from Southeast Rural Community • Assistance Project re HAC Revolving Loan and transmitting application and instructions . xc Planning; Housing Finance Authority; Filed. September 23, 1980 9. Notice dated 9/16/80 from Lee County Electric Cooperative, Inc. re status Immokalee Lighting District (September) . xc Mr. Barksdale; Filed. • 10. Notice dated 9/16/80 from Lee County Electric Cooperative, Inc. re status Marco Lighting District (September) . xc Mr. Barksdale; Filed. 11. Letter dated 9/15/80 from Naples Mobile Estates Homeowners Assr transmitting petition containing 363 signatures a • requesting consideration of bikepath along Radio Road. xc County Manager, Engineering; Filed. 12. Letter dated 9/17/80 from The Villagers Naples Estates urging consideration of bikepath along Rattlesnake Hammock Road. xc Mr. Barksdale; Mr. Norman; Filed. 13. Public Service Notice re Docket No. 800333-TP re appli- =r cation of Microtel Inc. , for a certificate to construct `5 and operate a microwave communication system. Filed. 14. Letter dated 9/15/80 from Rep. Mary Ellen Hawkins urging Board of County Commissioners to give every possible consideration to the property owners in Golden Gate Estates . xc Planning; Filed. 15. Twenty-five leLcers from property OWiic.1.5 re possible rezoning of Golden Gate Estates . xc Planning; Filed. 16. Memorandum dated 9/16/80 from Area Agency on Aging re change of address and telephone as well as grant applica- tions information. xc Mrs . Skinner; Mr. Norman; Filed. HjC 17. D.E.R. Notice dated 9/15/80 re workshop 9/30/80 to include Collier County regarding Wastewater Facilities standards . xc Mr. Berzon; Filed. 18. Copy of the 10/6/80 order of the Southern District Court of Florida to vacate property identified on the order. xc County Attorney; Filed. 19. Letter dated 9/16/80 from Senator Lawton Chiles re notice that his aide will be in the county on 9/25 and 9/26/80 and in Naples from 3:00 to 4: 30 P.M. on 9/25/80. Filed. 20. Following departmental reports filed: (a) Review of real estate sales in Collier County between t' 1978-1979 . (b) Purchasing Department - August a{: (c) Library - August (d) Golden Gate Fire Dept. (3) - August • 21. Copy of minutes from 9/3/FO Naples City Council meeting. Filed. BG�t 055 PA;E493 • September 23, 1980 •5. S• • There being no further business for the good of the County, the meeting was adjourned by order of the Chair - Time: 11:01 A.M. • • BOARD OF COUNTY COMMISSIONERS/ • EX-OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS C 'ROL / // Cliffor•///-nze1, Chaiian • ATTEST: WILLI,M J. R ,GAN, . .RK Al a f�i / • • L