BCC Minutes 08/28/1984 R
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Naples, Florida, August 2B, 19B4
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LET IT BE REM£~BERED, that the Board of County Commissioners in
and for the County øf Collier and also acting as the Board of Zoning
Appeal. and as the governing board(s) of such speclal,dlstrlcts as have
been created according to law and having conducted business herein, met
on this date at 9:00 A.M. In Regular S.s.lon In Building "F" of the
Courthouse Complex, East Naples, Florida, with the following member.
present:
VICE CHAIRMAN: C. C. "Red" Holland
John A. Plstor
Frederick J. Voss
Mary-Frances Kruse
ABSENT: Davlc1 C. Brown
ALSO PRESENTI William J. Reagan, Clerk; Jame. C. GIle., Fiscal
Officer; Elinor M. Skinner, Deputy Clerk; Burt L. Saunders, County
Attorney; Donald B. Lusk, County Manager; Nell Dorrlll, Assistant
County Manager; Donald Norton, Public Services Administrator; William
Blankenship, Administrative Services Administrator; Tom Kuck, Acting
Public Works Administrator; Lee Layne, Zoning Director; Tom McDan}el,
Planner; Grace Underwood, Admlnlstratlve Aide to the Boar~, and Deputy
Chief Ray Barnett, Sheriff's Department.
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August 2B, 1984
AGENDA - APPROVED AS AMENDED
Co..lssioner Xruse .oved, seconded by Comalssloner PIstor and
carried 4/0, co..issloner Brown ebsent, that the agenda be approved
with the following a.end.ents.
1\. Discussion re Audit Selection firm added to the September 4,
1984 agenda - Added by Commissioner Holland.
B. Item 9F(2) - Appointment of Utilities Administrator - Added
~. county Manager Lusk.
C. Item lOA (I) - Discussion re authorization to take care of
necessary paperwork and file dismissal of Key West case -
Added by County Attorney Saunders.
Ite. . 2
EMPLOYEE SERVICE AWARDS (PERSONNEL) PRESENTED
Commissioner Holland presented the following Employee Service
Awards:
Robert Demarest - Library - 5 Years
Etanlslao Mðrt!nez - Road' Bridge - 5 Years
Ite. . 3
PETITION R-&4-BC, DR. NENO SPAGNA - CONTINUED TO 9/4/84
co..is.ioner pistor .oved, .eco~ded by Co~.is.ioner Kruse and
carried 4/0, that Petition R-84-8C, Dr. Neno Spegna, repre.enting
Jo.eph , Mary Lynch' Virginia Feucht, requesting rezoning fro~ A-2 to
TTRVC for 23.9 acres located on the NE corner of U.S. 41 and Greenway
Road in Section 18, T51S, R27E be continued to 9/4/84.
Ite. . 4
PETITION R-84-l3C, MICHAEL J. VOLPE - - CONTINUED TO 9/IB/84.
Co..is.loner Pi.tor .oved, .aconded by Co~~i..ioner Kruse and
carried 4/0, that Petition R-B4-13C, Michael J. Volpe, agent for
Do.enic D'Agostino, requesting rezoning fro~ GC to C-2 for property
located on the SW corner of Golden Gate Parkway and S.R. 951 be
continuad to 9/18/84.
I tea 15
PETITION R-84-15C, CECELIA , ANTHONY D'AGOSTINO - CONTINUED TO 9/4/84
CODais.ioner Pistor .oved, seconded by Co..i.sloner Krule and
carried 4/0, that Petition R-84-l5C, Cecelia , Anthony D'Ago.tlno,
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requelting rezoning fro. -Z- zltatel to C-2 for a rlstaurant located on
39th Street SW be co t1nued to 9/4/8'4.
lte. t6
RESOLUT¡ON 84-164 RI PET. AV-84-016, WILLIAM MCANLY, AGENT, RZ VACATION
or TEN rOOT ACCESS EASEMENT ON LOTS 6 , 7 BLOCK WB", LELY BARErOOT
BEACH, UNIT ONE, AMD ACCEPTANCE or TEN rOOT ACCESS EASEMENT BETWEZN
LOTS 5 , 6, BLOCK B - ADOPTED
Legal notice having been published In the Naple. Dally News on
August 12 and 19, 1984, a. evidenced by Affidavit of publication filed
with the Clerk, public hearing was opened to consider Petition
1\V-84-016, filed by William MeAnly, agent, requesting vacation of a ten
foot access easement on Lots 6 and 7, Block "B", LIly Barefoot Beach,
Unit One and acceptance of a ten foot access easement bet~~en Lots 5
and 6, Bleck B.
, Acting Public Works Administrator Kuck explained that this peti-
tion is to allow the petitioner to subdjvlde three lots Into two lots
and that Staff rocommend. approval.
Co..lssloner Kruse .oved, seconded by Co..lssloner Voss and
carried 4/0, that the public hearinq be clo.ed.
Co..lssioner Kruse .oved, .econded by Co..islloner Vo.. and
carried 4/0, that Re.olutlon 84-164 re Petition AV-84-0l6, ¡.,llla.
McAnly, be adopted.
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It.. 17
ORDINAMCI AMENDING OR~INANCI NO. 76-14 RE EXCESS ACCUMULATION or WEEDS,
GRASS OR UNDERBRUSH D' ~LARED A PUBLIC NUISANCE - CONTINUED TO 9/11/84
Legal notice having been published in the Naples Dally News on
AugUlt 9, 1984, as evidenced by Affidavit of publication filed with the
r.lerk, public hearing was opened to consider an ordinance amending
Ordinance No.76-14 to declare the excess accumulation of weeds, grass
or' underbrush to be a public nuisance when located on a lot as defined
by the amending ordinance.
County Attorney Saunders refcrred to the Executive Summary dated
B/20/B4, explaining the proposed ordinance, and added that the County
Attorney's office is prepared to proceed with the ordinance.
Commissioner Plstor stated the Staff, members of the public and
the County Attorney have worked on the proposed ordinance for approxi-
mately six months and that It applies In particular to Marco Island.
He sold he has had calls from members or the public in North Naples and
East Naples who expressed the hope the ordinance will be passed so
their area can bo Improved by making empty iots more attractive.
Responding to Commissioner Voss, Zoning Director Layne stated that
there Is no fino stated In the proposed ordinance 3nd that tMe fine of
up to $250 per day, that was printed In the newspaper, woulo apply If
the Mðrco Island Code Enforcement Board takes It rather than doing the
lien process. Mr. Saunders said that the County could seek fines In
Circuit Court in the event there Is a violation under the ordinance
under the County's general enforcement powers.
The following people spoke In favor of the propos~d ordinance:
Mike Zewalk, representing North Naples Civic ~ssoclatlon, asked
that 12" height be substituted for the proposed IS".
Jane IIlttler, representing MICA
George Nicholson
Frank Langford, who suggested changes In the ordinance wording
Mr. Bruce Hoily, Sr. asked if the ordinance would apply to lots on
which there are structures and Mr. Saunders responded affirmatively.
During the ensuing discussion, Mr. Saunders said that if cutting
trees on lots Is added the proposed ordinance would have to be readver-
tlsed.
Commissioner Holland sold he would like to see an ordinance that
would work for all the people, if possible. Responding to Commissioner
lIolland, County Manager Lusk explelned that the money to enforce the
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August 28, 19B4
ordinance would have to be taken from the Contingency Fund.
Mr. Saunders :aid there would be difficulty obtaining foreclosure
In Court If a per.~ did not pay for having a lot mowed.
Clerk Reagan suggested, in order to avoid the foreclosure proce~3,
that the ordinance could be deligned to place collection of the money
In the hand. of the Tax Collector and, when notified by the BCC that a
person i. delinquent, the amount becomes part of the person's property
taxes and Certificates for Deeds are sold, adding If the person want.
to contest it, he can legally. Commissioner lIolland agreed. Mr.
Saunders requested that the public hearing be continued in order to
redraft the ordinance.
Co..issloner Piltor aoved, seconded by Com.is.loner VOII and
carried 4/0, thAt the following wording in the propo.ed ordinance be
changed ~o that the 200 foot require.ent be re~oved, on Page 4, Ite. D,
that .owable lot. would .ean those lot. In a recorded subdivision which
can be aowed .11 or in part with a bu.h hog; in Section Eleven, Ite. B,
the wording be the accu~ul.tlon of weeds, gra.s or si.ilar undergrowth
in exce.s of twelve (12) inches, instead Qf 18 inches in height, be
hereby prohibited, and that the method of collection be changed so that
there Is no question the County would receive the money due, .s
suggested by Clerk Re~gan.
By consensus, the proposed ordinance was continued to September
11, 1984, for the County Attorney to make the above changel.
Itea 18
PETITION FDPO-84-V-ll RE V~RIANCE TO EMPLOY A LESSER DEGREE OF
FLOODPROOrING THAN NORMALLY REQUIRED ON PROPERTY DESCRIBED AS E~ST
N~PLES COMMUNITY PARK - DENIED
Legal notice having been published In the Naples Dally News on
~ugust 12, 1964, as evidenced by ^ffldavlt of Publication filed with
the Clerk, public hearing was opened to c~nslder petition FDPQ-B4-V-ll
requesting a variance to employ a lesser degree of floodproofing than
normally required on property described as ~ast Naples Community Park.
Planner ~Danlel explained that this petition is a request from
the Parks and Recreation Department for a variance from the Flood
Damage Prevention Ordinance for the East Naples Community Park to
permit construction of three public bathroom facilities at an elevation
of '7 feet NGVD, instead of 10 feet NGVD and to permit the construction'
of a maintenance building using a lesser degree of floodproofing than
F£MA's Watertight Standard. Ih~ said that to minimize the flood damllge
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August 28, 19B4
potential the Interior ~nd exterior materials will be chosen carefully,
fixed equipment and any stored material will be above the flood plain,
and the owner will supply an Engineer's certification that openings
will be provided which are sufficient to equalize hydrostatic pressure.
He said that Staff recommends that Potition FDPO-B4-V-ll be approved.
Mr. Bruce Holly, Sr. suggested that clean construction rubble be
used to fill this property and said that the variance would not be
needed. He said there Is an EPA rullng that recreational facillties,
such as parks, can be built on the sites of landfills. Commissioner
PIstor related his experience with grass not growing in spots in his
lawn where he has found chunks of cement. Assistant County Manager
Dorrlll said that putting rubblo on the site would change the profile
of the park and requirements for stormwater retention In various
elevations and added that the County Engineer has told Staff that
con»tructlon rubble Is hard to define &nd hard to control In terms of
the quality of the type of material used. He said he attended a school
that had been built over the site of a Cormer construction rubble
landfill and problems of settling and material migrating to the surface
occurred.
...RECESS: 10100 A.". RECONVENED. 11.00 A.M. with
Co..issloner Xruse absent···
Commissioner Voss suggested that the Engineers designing the park
be asked to look at the slto to see if rubble can be used.
Commissioner Holland said that he has a problom with this potltl~n
because the Board has denied the public the same request that Staff is
recommending the Board approve. Commissioner pistor said that the
,
Board has approved several variances where there have been storage or
no living quarters Involved. Commissioner Holland said, If the Board
is going to set a precedent by lowering the requirements for Collier
County, that It will be hard, the next time a person seeks an individ-
ual variance, for the Board to deny the req~est, in good conscience.
Co..I..ioner Plltor aoved, leconded by Co.-Is.loner VOl. anð
carrieð 3/0, Co..i'lioner Kruse out of the roo., that the public
hearing be closed.
Tap. 13
Co..lssioner Pistor aoved, .econdad by Co~.lssloner Voss and
carried 3/0, Co..issioner Kruse out of the roo., that Petition
rDPO-84-V-ll be denied.
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FIlIAL PUoT APPROVAL .1I.E PETITION rP-84-6C, ALBERT P. RAULINC,' RIVERWOOD
SUBDIVISION - APPROVE~ SUBJECT TO STIPUUoTIONS QUIT CUoIM DEEDS
ACCEPTED
August 28, 1984
Zoning Director Layne explained this Is a request for final plat
approval for Riverwøod Subdivision, adding that the petitioner has met
all the requirements. She laid that St~ff rec?mmends approval of the
petition with the Itlpulatlon that the final plat for Rlverwood East
Unit No.2 not be recorded until the required subdivision improvementl
have been completed and accepted or until acceptable security is
received and approved and Acceptance of the drainage easement.
Co..lssioner VO.S .oved, seconded by Co..i.sioner Pistor and
carried 3/0, Co..islloner Xruse out of the roo., that Petition FP-B4-6C
be approved, subject to Staff stlpulationl and that the Quit Clai.
C.eds be accepted.
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August2B, 1984
EXECUTION OF REDRA;~ED AGREEMENT FOR RIGHT-Or-WAY FOR KELLY ROAD -
l.UTHOR IZ Et)
Acting Public Works Administrator Kuck explained Staff recom-
'mendation to re-execut. the agreement for right-of-way easement for
K'elly Road. H. said that on July 17, 1984, the Board executed an
agr.ement and accepted the right-of-way for the intersection of Kelly
Road and U.S. 41, but due to certain difficulties in the form of the
agreement, the owners have requested that the County redraft the
agreement with no language change, just a change in form.
Co..l..ion.r Piltor .ov.d, ..cond.d by Co~~I.sion.r VO.I and
carried 3/0, Coaai.slon.r KruI. out of the roo~, that .x.cutlon of the
r.dr.fted .gr....nt tor the right-of-way for Kelly Road, to r.plÁc. the
agr....nt .pproved July 17, 1984, b. luthorized.
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l.PPLICATIOM FOR nDIRÞt. AND STAT! GRANT TO DEVELOP 1. MSTER PLAN FOR
THE IMMOKALEE AIRPORT APPROVED
Acting Public WOrks Administrator Kuck said this. is a recommenda-
tion to apply for a federal and state grant to develop a Malter Plan
for the Immokalee Airport.
Mr. George Keller requested clarification regarding the funds the
County ~u.t match and Commissioner pistor said the County will have to
match with $2,700, If the grant II received. Mr. Keller said that he
did not see how the airport can be improved unless additional industry
become. a reality. Commissioner Plstor said that, hopefully, there
will be continued growth In the Industrial area In Immokalee and that
planning will need to be made to provide for that additional growth.
...Co..llaioner Krus. returned to the room at 11:10 A.H,···
Coaaissioner pistor .oved, seconded by Com~issioner Voss and
carried 4/0, that an application for federal and state grant to develop
a "-ster Plan for the I~.okalee Airport be approved.
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xu. 112
BID FROM D. L. ARt::'LD TO PURCHASE SURPLUS VACANT PARCEL ON DOMESTIC
AVENUE - ACCEPTED 1M THE AMOUNT or $165,000
^ugust 28, 19B4
Co..l.lloner PI.tor .oved, leconded by Co~ls.loner ~rule and
carried 4/0, that the bid fro. D. L. Arnold to purchale the aurplul
vacant parcel on Do.estic Avenue be accepted in the amount of $165,000.
Responding to Commissioner Voss, Fiscal Officer Giles said that
these funds would be deposited back Into the Capital Projectft Fund, not
necessarily for the use of the Solid Waste Department.
Ite. 113
ESCROW AGREEMENT WITH DELTONA CORPORATION FOR IMPROVEMENT AND
ACCEP~ANCE OF SOUTH COLLIER BOULEVARD AND COLONIAL AVENUE - APPROVED
Co~mlssloner Pistor explained that this item is one Staff has
workod on for some time and that Acting Public Works ^dmlnlstrator Kuck
has done everything he could to improve South Collier Boulevard. He
explained that Deltona has agreed, under certain terms, to provide the
County with $148,000 to do this.
Co..i.sioner Pistor muved, seconded by
carried 4/0, that the Escrow A9ree~ent with
i.provement and acceptance of South Collier
Avenue be approved.
Com.is.ioner Xruse and
Deltona Corporation for
Boulevard an~ Colonial
the
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SHORT TERM LEASE WITH \,'\RRY HUCHES AT THE IKMOJl:ALU AIRPORT
APPROVED
co..I..loner ,I.tor aov.d, leconded by Comml..ion.r Jl:rul. and
carri.d 4/0, that the ahort t.r. 1.... with Larry Hugh.. at the
I..okal.. Airport b. approved.
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082 w.t 766
August 28, 19B4
DOUBLE WIDE MOBILE OFrICE UNIT ADJACENT TO IMMOKALEE HEALTH CENTER rOR
TUE OPERATION or THE FEDERAL WOMEN, INFANT AND CHILDREN SUPPLEMENT~L
rOOD PROGRAM - APPROVED
Public Services Administrator Norton explained that this is a
recommendation by Staff for the placement of a double wide trailer to
service the Women, Infant and Children Supplemental Food Program In
Immokalee.
Co..ls.loner PIstor .ove~, seconded by Co~~issloner Kruse and
carried 4/0, that the reco..endatlon be approved.
Ite. 116
ST~rF DIRECTED TO BRING BAC~ A RESOLUTION AND ~PPROPRI~TE DATA TO
SUBMIT TO DNR RE S~VE OUR COAST PROGRAM-NAPLES CAY AND BAREFOOT BEACH
Public Services ^dmlnlstrator Norton explained that the County has
received from the State two notices, one under the Conservation and
Recreational Lands Program (C.A.R.L) and the other under the"Save Our
Coasts" Program. He said that members of the County Attorney's office
have talked with Dr. Gissendanner, Executlve Director, DNR, who Indica-
ted that funding Is available under thelle programs and enco"'lIged Staff
to apply for the Naples Cay and L'lly Barefoot Beach projects. Mr.
Norton said that the match that Is required under this program perhllps
could be made by pledging the 35 acres the County has for Clam Pass
Park to the Stllte In return for them to purchase Lely Barefoot Beach
and Napl'es Cay properties.
Commissioner pistor explained that he went to Taliahassee several
weeks IIgo and discussed this matter with Dr. Gissendanner and added
that Assistant County ^ttorney Anderson hils followed up on the project.
He said the trllnsactlon would give the County the largest expanse of
County belich, approximately seven mile!>. lie said if the County can get
the Naples Cay property the County will have the the parking space and
access to Pelican Bay property.
Mr. /'lIke Zewa lk, representing the North Naples Civic ^ssociation,
requested clarification regarding pledging the County's 35 acres to the
State and he asked if this area would brcome a State park? Mr. Norton
said that, at this point, this would only be II proposal and the County
would not be committing to that much. lie said that while the property
could become a State park, there is the possibility that the State
would lease the property back to the County.
County Attorney Saunders said that the appropriate action for the
pa 9 e 12
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Board to take would be to direct Staff to come back next week with the
appropriate resolution and dale to submit to DNR.
Coaai..ionor Pi.tor .ov.¿, .econd.d by Co~.i.sioner Kruse and
carried 4/0, that the St.ff be directed to come back to the Board on
9/4/84, with the appropriate re.olution and data to lubmit to DNR to
b~in the proc....
Mr. Saunders said that he would contact the DNR and Indicate that
the Board has informally taken action and directed Staff to do the
necessary paperwork for the above-described project.
Ite. 117
PURCHASE OF EQUIPMENT FOR SEWER AREA -A" - APPROVED
Assistant County Manager Dorrill oxplalned that a small tractor
with several attac~~ents had been budgeted for noxt year for Sewer Area
"A". He said that Staff has discovered there will be a price Increase
In the future. lie requested authorlzat}on to purchase the equipment
now, since It il needed now, dddlng that the money would come from
Reservel. lie said there would be an estimated $2,000 savings by
purchasing the equipment now.
Co..is.loner Kruse aoved, .econded by Com.i..ioner pi.tor and
carried 4/0, that the purcha.e of .quip~.nt for Sewer Area "A- ba
approved.
Responding to Comml.sioner Holland, Fiscal Officer Gllel said he
had no trouble with this request.
Item U8
DISCUSSION RE EMS BILLING - NO ACTION HECESSARY
County Mðnager Lusk explained that Staff hal spent the p4st couple
of weekl looking at the billing system for EMS. Ue said It has boen
dllcovered that 50\ of the complaints were generated In the first part
.of the billing sequence when a user receives a telephone call from the
Billing Department verifying the user'. address. He recommended that
the verification telephone call be eliminated because if the phone
nunber I. known then the address is allo known. lie said that after ten
day. a bill will be mailed to the user. lie requelted that the Board
recommend that the Internal Auditor review the procedures for the bill-
ing process to see if there are ways to Improve it, which may raile the
percentage of collections. He said that he did not want to go outlide
to a private collection company until the billing procesl Is Inve.tl-
gated to see if a private company can do the collection better than the
~OOK 082 p¡r,[ 767
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^ugust 28, 1984
County can. He recommended that the Staff spend two or three months
trying to Improve the bllllng process. He said that when a user has
uud the EMS serv Ice and pa I' the bill, he wo ul d 11 ke to send the user
a poltcard to inquire how the uøer felt about the service and the way
he was billed. Ho said that he would come back wlth.a report to the
Board 1n three month., after the Internal audit has been completed and
there has been a three month experience of citizen response to the
service. He said, by the time the budget hearings are completed,
hopefully, there will not be a 14' Increase in rates.
Responding to Commissioner Holland, Mr. Lusk said that no action
Is needed.
It.. 11'
APPOINTMENT OF THOMAS T. CRANDALL AS UTILITY ADMINISTRATOR - APPROVED
County Manager Lusk asked (or Board concurrence with the appoint-
ment of Thomas T. Crandall as the Utility Administrator. He said that,
previously, the Utility Administrator was an engineer and that Mr.
Crandall who Is an administrator, Instead of an engineer, nas had
approximately 16 years experience running utilities. He said that Mr.
Crandall was a member of his staff at Plne:las Park, Florida. He
stressed that he Is making a change from the way the Utilities Dlvl,ion
has boen run In the past to more of a customer orientated director.
Co..issioner piator .oved, seconded by Co~~lssioner Kruse and
carried 4/0, that the appointment of Tho~as T. Crandall as Utility
Ad.inistrator be approved at a starting salary of $36,571.39.
Ite. . 20
COUNTY ATTORNEY AUTHORIZED TO DO NECESSARY PAPERwùRK RE KEY WEST
LAWSUIT (CDBG)
County Attorney Saunders reminded the Commissioners that Collier
County prevailed in the Key West matter of the Co~munlty Development
Block Grant Program. He requested authorization to take whatever steps
are necessary to remove the lawsuit In terms of any papers that need to
be filed. He said that the County should receive funding for the
program immediately.
Com.issloner Kruse moved, seconded by Co..lssioner Voss and
carried 4/0, t~at the County Attorney be euthorized to do necessary
paperwork rega~ding the Key Nest lawsuit.
¡¡ago 14
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Ite. 121
ROUTINE BILLS - APPROVED FOR PAYMENT
Pursuant to Reso'utlon
throU9h August 24, 1984, in
CHECK DESCRIPTION
81-150, the following checks were Issued
payment of routine bills:
CHECK NOS. AMOUNT
Vendor
115503 - 115737
2605 - J456
291, l3J.18
$586,OI5.74
BCC Payroll
Ite. 122
BUDGET AMENDMENTS 84-636/644, 84-651 - ADOPTED
Co..issioner Kruse .oved, seconded by Commis.loner Voss and
carried 4/0, that Budget Amendments 84-636/644 and 84-651 be adopted.
Ite. '23
DISCUSSION RE SELECTION or AUDIT FIRM rOR COLLIER COUNTY - ACTION
DEfERRED TO 9/4/84
Commissioner Holland said, as of 8/27/84, three proposals were
submitted to members of the Board of County Commissioners for conlid-
eratlon for a firm to do the auditing for Collier County for the
following year or, possibly, a two-year contract. He asked that this
selection be placed on the 9/4/84 BCC agenda.
Clerk Reagan expl~lned that the Audit Selection Committe~ recom-
mended that the Board rank the firms on~, two and three and that Fiscal
Officer Giles be directed to negotiate a fee, since once the firms are
rllnked the County Is required, by law, to request the three firms to
submit sealed bids of maximum fees to the County. lie said the bid from
the first ranked firm Is opened and a reasonable fee Is negotiated with
that firm. He said, If the Board cannot agre~ to the amount of dollars
for the first firm, that the bid of the second ranked firm Is op~ned.
He said that this process was mandated by the State Legislature and the
State Board of Accountancy formulated a set of rules regarding the
process. He Bald that the three firms that submitted proposals are
Coopers, Lybrand; Holcher, Taylor; and, Rogers, Wood, lUll, Starman and
Gust¡¡son.
Coaall.loner Voss .oved, seconded by Com.lssloner Krule and
carried 4/0, that action on selection of an auditor be deferred to
9/4/84.
aoo( 082 rA~( 769
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124
RUOLUTIOII 84-165 C' LLINC rOR A COUNTY-WI DE ONE-TENTH MI LL TAX
RErERENDUM TO rINANCE ^ WAT~R POLLUTION CONTROL PROGRAM - ADOPTED
August 28, 1984
Commissioner Voss explained that the reason for a County-wide
one-tenth mill tax referendum to finance a Water Pollution Control Pro-
gram la because this is the moat important issue Collier County will
have to face. He said there are, on the books, 'developments which will
give Collier County about one-half a million people at build-out. He
laid that the build-out will depend on economic f~ctors and it may take
ten or t",enty years. lie uid, with that number of people in the
future, plus the agriculture Interests in Collier County In water,
there is a finite amount of water that has to serve those people and
interest~. He said that all the aquifers from ",hlch Collier County and
the City of Nllples pump ",ater are locllted In Collier County and the
recharge of those aquifers Is done by rainfall. He said that City and
County, if they know what the pollutants are, can probably Instllll some
type of mechanism to purify the water, however, the problem Is, If the
pollutants are not known until the water reaches the plants, it Is too
late. He said, In order to protect the vital water supply, It is
necessary to monitor the groundwater and have enforcement ,egulations
at the aquifers and recharge areas. He sAid thllt If the water supply
II polluted the people cannot live In the County, adding it is Impera-
tive to have an appropriately present~d referendum passed by the public
to have a one-tenth of a mill ad valorem tax to provide technical per-
sonnel and equipment for the Health Department to monitor the ground-
water /lnd to provide cnforcement personnel for the County Attorney to
enforce the urdinances th/lt will be passed. He said that this has to
be d,,~· ,~,...~... :on with the /lgencies of the State, such /IS the DER.
The following persons spoke in favor of the referendum:
Dr. Jane Polko",ski, Collier County Health Director, distrlbut~d
material entitled "Information Regarding Need for Loc/l1
pollution Control Progr/lm in Collier County"
Dr. Ma rk Neuman
Mr. Uoyd Sa rty, representing the Conservancy
Councilman Lyle Rlch/lrdson
Tape IS
Mr. M.1x Hasse
Ms. Jane 1.lIhey, member of the W/lter Pollution Control Subcommittee
The following persons spoke egalnst the referendum:
Mr. Mi ke Zewalk, representing North Nl'Iples Civic AssClci/ltlon
Page 16
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AugUlt 28, 19B4
Mr. George F. Keller, Collier county Civic Fed.ration
Mr. Wi nlton Ba rc;: !r
***Co_iadoner K.Uand left the roo. at 11.44 A.M. and
returned at 11147 A.M.***
Mr. Bruce Holly asked how the monitoring program would affect
.eptic tank I and ~ommlsslonftr Voss said that he did not know, however,
the County needs to know what the septic tanks, that are not monitored,
do to the County's water supply.
Co..i..ioner Voal .oved, .econded by Comml.sioner Pistor and
carried 3/1, co..i.sioner Kruse oppoled, that Relolution 84-165 calling
for a Courty-wlde one-tenth .111 tax referendum to finance a Water
Pollution Control progra. b. adopted.
aooK 082 W'[ 771
Page 17
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August 28, 1984
Ite~ 125
~PPROPRIATION OF $2,500 FOR ASSISTAWCE WITH 1984 COUNTY EMPLOYEE
CHIRSTMAS DINNER/DANCE - AP''\OVED
Assi.tant County Manager Dorrill referred to the Executive Summary
dated 8/23/84 with Staff recommendation to approve àn appropriation of
$2,500 for the 1984 County Employee Christmas Dinner/Dance.
Co..is.ioner Kruse .oved, seconded by Commissioner Voss and
carried 4/0, that $2,500 for the 1984 County Employee Chrlatmal
Dinner/Dance be approved.
...Com.l.sioner Kruse left the room at 12:21 P.M.···
126
COUNTY ATTORNEY DIRECTED TO ADVERTISE ORDINANCE CREATING THE IMMOKALEE
FIRE CONTROL MUNJ.CIP^L SERVICES TAXING UNIT TO EXPAND IMMOKALEE FIRE
CONTROL DISTRICT
Fire Chief Charlie Edwards, Immoka.1ee Fire Department, said that
In the one year's time that he has been working at the Immokalee Fire
Depirtment, he has realized that the Fire District Is much smaller than
the actual service district. He said that hls department covers all of
the Immokalee area, however, the department Is only officially required
to cover five and one-half square mlles. He said th~t the depart~.nt
is actually coverlng about thirty-two square miles. He asked that the
Board have a public hearing to adopt an ordinance that will expand the
Immokalee Fire Dlstric~ until the department can meet with the State
and have a referendum to expand the district as a complete State
district. He requested the posslblllty of establlshlng a MSTU, so that
the Immokalee Fire Departmcnt does not have to be required by a lawsuit
not to go outside of the department's legal district.
County Attorncy Saunders said that he has drafted the ordinance
that would expand the boundaries of the Immokalee Fire Dlstrict and, if
the Board Is interested in pursuing this, he requested direction to
advertise the ordinance for a public hearing.
Commissioner Pistor pointed out that no taxes would come In for
one year, and Mr. Edwards said he understood this.
Co..lssioner Pistor .oved, seconded by Com.i..loner Voss and
carried 3/0, Co..issioner Kruse out of the room, that the County
Attorney be directed to adverti.e an ordinance creatinq the I~~kalee
Pire Control Municipal Services Taxing Unit to expand the Immokalee
Fire Control District.
Ite. '27
am 082 Þy,r T75
Pa gel 8
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&00( 082 W'! 776
August 28, 1984
DISCUSSION RE NEGv~IATIONS WITH AV~TAR, STArr TO REQUEST STATE'S
ATTORNEY REPRESEMTI'TIVE TO BE PRESENT AT 9/4/84 BCC MEETING FOR
CONTINUED DISCUSSIoN
Commissioner Voss explained that he has been asked by people In
the Golden Gate Estates area if the County would engage outside counsel
to review the probleme that the County has had with Avatar Corporation
in connection with the Company's obligation to the County. He said
that County Attorney Saunders has reviewed all of the documents and it,
Is his opinion that what has been done has been done legally, however,
the people in Colden Cate Estates do not agree. Commissioner Voss said
that he has a problem ~Ith obtaining outside counsel, because if the
County pays for this counsel, the way will be opened for other people
who wan~ the same thing on other items at County expense. He said ~hat
he saw nothing wrong with an investigation on the part of a separate
attorney, however, the County should not pay for it and if people want
another attorney, they should pay for It.
Commissioner pistor said Mr. Saunders helped write some of the
agreements and he Is i~vestlgating some of his work. Commissioner
Pistor said he would not want to see anything that would accuse Mr.
Saunders of .not giving an unbiased report., and that woulc' be the only
reason he would agree to having an outside attorney Investigate the
situation and report back to the Board.
Commissioner Holland said it was his understanding that there has
been a request to the State Attorney's office to investigate the mat-
ter, and Commissioner Voss said that was his understanding, also.
Commissioner lIolland said, If that Is the case, he would hesitate to
approve an outside attorney until the Board received an answer from the
State Attorney that would tell the Board whether it should or should
not go further with the matter.
Mr. Saunders said that he spoke to the State Att.orney's office in
June and he did not believe there is going to be any significant Inves-
tigation into this matter by that office. He stated for the recor~
that there is no indication of any wrong-doing of any kind by anybody.
Commissioner Voss suggested that the Board wait until some word
has been received from the State Attorney and then discuss the matter
again in the Boardroom.
Mr. Winston Barger stated he talked with State Attorney
D'Alessandro and he was told that the State Attorney thinks there II a
matter for civil action but no matter for criminal action and, there-
Page 19
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August 2 B, 19B4
for., he cannot participate insomuch as the situation does not create a
health, dangor or a hazard, because under the laws of Florida the State
Attorney has no legal ~ounds to set a precedent of gotting Involved in
the Avatar situation as a civil action. He said that he would like
another attorney to look at the situation.
Commissioner Molland said that he would talk with someone from the
State Attorney's office bcfore he decides on the matter.
Mr. Saunders said that Mr. Jim Tangiers, from the Federal Trade
Commission, will be present at the 9/4/84 Board meeting and he is the
Individual who was Involved from the beginning of the GAC and Avatar
problem. lie said it would be helpful to have him present when this
subject ill discussed further. lie said that he would personnally
request that the State ^ttorney's office send a representative to the
meeting to Answer any questIons.
Commissioner Holland requested that Mr. Saunders contact the State
Attorney's office and ask him to hllve a· representative attend the
9/4/84 Board meeting and Mr. ~aunders agreed.
...The following ite~. were approved and/or adopted under
the Consent Agenda by motion of Co~.lssioner Pistor,
s.conded by Co~mlssion.r Voss and carried 3/0, Commissioner
Kruse out of the roo~.**·
Ite. 128
SMALL CITIES CDBG/ED GRANT APPLICATION
Itea 129
PET. TR-83-10-C, JAMES B. ROOP, RE 3 MONTH EXTENSION PERMIT TO UTILIZE
A TRAVEL TRAILER DURING CONSTRUCTION OF PRINCIPLE RESIDF.NCE ON E 180'
or TRACT 106, UNIT 18, GOLDEN GATE ESTATES
It.. .30
AUTHORIZATION OF TEST WELLS AT IMMOKALEE AIRPORT BY THE IMMOKALEE WATER
AND SEWER DISTRICT
It.. 131
AGREEMENT rOR ENGINEERING SERVICES WITH HOLE, MONTES AND ASSOCIATES rOR
DESIGN or PINE RIDGE ROAD (1-75 TO C.R. 951)
See Po1gU '7 PI - Po f'
132
INCREASE IN COMMUNITY CARE FOR ELDERLY FUNDING AND RESULTINQ LOCAL
MATCH
Ite. 133
See Paßes g'ð Cf - ? / ð
aOOK 082 rv,r 777
Page 20
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1\ugust 28, 1984
SOCIAL SERVICES CASES ,f-28, W-5821· AND W-329
Ite. 134
BID 1740 RE SECURITY BOOTH AT PELICAN B^Y - AWARDED TO SURETY
CONSTRUCTION IN AMOUNT OF $15,048 PLUS $55 PER SQUARE YARD FOR
ADDITIONAL PAVEMENT RESTORATION
Legal notice having been published in the Naples Daily News on
July 24, 1984, as evidenced by 1\ffidavlt of Publication filed with the
Clerk, bids were received for Bid 1740, for the Security Booth at
Pelican Bay until 2:30 P.M., August IS, 1984.
Bid 1740 awarded to Surety Construction in the amount of $IS,048
plus $55 p~r square yard Cor additional pavement restoration, as (ecom-
mended by the Purchasing Director to be the lowest rvsponsible bid in
the best interest of the County, and that the Chairman be authorized to
sign ðnd the Clerk to attest the resulting agreement.
Ite. 135
~CCEPTANC:! OF WATER FACILITIES FOR VANDERBILT SURF COLONY PHASE III
See Pages y//
Yd.d-
Ite. 136
ACCEPTANCE OF ON-SITE WATER 'ACILITIES FOR YOUTH HAVEN
Su Pages ? .:1..3 - J"..5ÞO'
Ite. 137
CERTIFICATES FOR CORRECTION TO TAX ROLLS AS PRESENTED BY PROPERTY
APPRAISER'S OFFICE
T^NGI~LE PERSON^L PROPERTY
1983
1983-527-540
8/6-l5/B4
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August 28, 1984
"ISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED
There being no object ,n, the Chairman directed that the following
correspondence be filed andlor referred al Indicated:
1. Departmental Report: Collier County Library System Statis-
tics, July, 1984. Filed.
2. Copy of 7/)1/84 letter from Police Chief Paul C. Reble to
FlA. Dept. of Corrections re painting of holding cells, plus
copy of letter dAted 7/17/84 from E. Russell Smith, Chief
Inspector. FlA. Dept. of Corrections to Chief Reble
transmitting 6/28/84 Inspection report. Filed.
). Copy of letter dated 8/9/84, from B. J. White, Park Lands
Supervisor, DNR, re a possible renewed Interest In reactiva-
tion of II County sponsored project for the Clam Pass
prop.Hty. xc: Mr. Vlrta, Mr. Lusk and Mr. Saunders. Filer!.
4. Lettl.!r dated B/I/84, from James L. Berkshire stating his
opinion on the garbage situation and enclosing a copy of a
newspaper clipped from the Hudson Post Gazette on "bottle
bill" legislation. Filed.
5. Copy of letter dated 6/6/84, from William H. 1oo11ltcomb, Asst.
Chief. Bureau of Casualty Risk Retention, Dept. of Insurance
and Treasurer stating the Division of Risk Management does
not hllve a financial Interest In the case of William Harris
and that they are not Involv~d because of the reporting
requirement of F. s. 766.28(6), plus a copy of a letterjated
7/)1/64, from Gross' T"llsman re Mr. Barris' claim. XCI
Mr. Saunders. Filed.
6. Copy of minutes: A. CAPe' CCPA, 8/2/84 and 8/16/84 agenda;
B. Parks And Recreation Dept., 7/27/84 and 8/17/84 agenda.
Filed.
7. Memorandum 84-lll dated 7/)1/84, from A. J. McMulll.!ln, III,
State Retirement Dlr., re Forfeiture of Retirement Benefits,
with attached copies of Section 14 of Chapter 84-226, Laws of
Florida which provides the circumstances under which ~ member
of any public-supported retirement system shall forfeit .!Ill
rights of retirement benefit when found guilty or upon admis-
sion of guilt to commission of felonle6 Involving breach of
public trust and other specified offenses. XCI Payroll.
Filed.
&OOK 082 w.I 779
Page 22
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