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BCC Minutes 01/12/1982 R ---- _._----~-_._--- - - - - - --'-- --- --'- -- --'--'- - - - - -- 'ì Naples, F1orirlð, January 12, 1902 LET IT BE REMEMBERED, that the Board of County Commissioneru 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 businesß 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: CHA InMAN: VICE CHAIRMAN: C. R. "Russ" Wimer Mary-Frances Kruse (^bF~nt) John A. Pistor Clifford Wenzel Davis C. Brown ALSO PRESENT: Harold L. Hal], Chief Deputy Clerk/Fiscal Officer DarJ.enf' D,:wld~()n ,JInd M,1ureen Kenyon (11:10 ".M.), Deputy Clerks; Donald Pickworth, County Attorney¡ Kenneth Cuyler, Assistant County Attorney; Edward Smith, Administrutive Services Administrðtor; Net! Dorrill, public Safety Administrator¡ Terry virta, Community Development Admin\strator¡ Lee Kirchhoff, Planner; Dr. Mark Benedict, County Environmentalist; Clifford Barksdale, Public Works Administrator; Grace Spaulding, Administrative "ide to the Board; and, Deputy Chief Raymond Barnett, Sheriff's Department. pag 0 1 ~oo~ 061 fACt 113 . . -4o.' .. - þ... - - ... . . - .~.. - ... .. .. -. I _ _ _~ __ _ _ _. __ __ _ __ _ _ _ _ _ _ __ _ _ _ _ _. _ __ _ _ J J~nuary 12, 19821 .---- - --..--------- BO~~ 067 fAGt li6 NOTEz Commissioner Kruse was absent this s8ssion, as rcflectÐd by 4/0 votes) ." ." ." AGENDA - APPROVED WITH ADDITIONJijCHl\NCES Commissioner Wcnzel moved, seconded by Commissioncr pistor and cÐrriod 4/0, that the Agenda be approved with tho following ðdditions and changes: 1. Commission~r ß.own requested that he be recogniz~d under "Proclamðtions". 2. Consideration of "RT" zoning on Marco Island - added under "Old Business", Item (B). 3. Item 8 (A), rc consideration of contlilct and related lease agrp.emcnt with ABA Services ro fleet maintenance and management - to be con- sidered for discussion purposes only; final action to be cO~fiidcred upon Commissioner Kruse's return on 1/19/82. BOl\RD CONGR^TlILl\.v:S SUPERVISOR OF ELECTIONS MARY MORG!lN; CIIIEt' DEPUTY CLERK/FISCAL OfF rCER JllIROLD HM.L '" DEPUTY CLERK DARLENE DAVIDSON ON CELEBRlITINC TIIf.IR ßIRTHDlIY TODAY Commissioner Brown stated that he would like to proclaim that today is the birthd~y of Supcrvisor of Elections Mary Morgan, Chief Deputy Clerk/Fisc31 Officer Harold Hall and Deputy Clerk rarleno Davidson. lie referred to all three as "distinguished parts of our government" and he proclaimed this special day as "a m~lestone in their lives". He offercd his congratulations and wished a Happy Birthday to each, as dId the other members of the Board. Chûirmbn Wimer commented on the unusuðl coincidence, whorein aach of the three share the same birthday and each have double lettered initials and, upon hearing thanks for their birthday wishes, he suggested that the meeting continue before anyone is asked about their age. Page 2 -- - - -------- - - - - -- - --_. - -------- ----------- --- - --- - -- - --- - - - - -- - -- - - -- -- --. - - - - - - - - - - -.. Jllnu~(y 12, 1901- OnD~N^NCE NO. 02-3, SUPERSEDING AND REPEALING ORDINANCE NO. 7~-9 ^ND :lRO\"IDWG FOR Tllf. INTRODUCTION OF TilE TRIPLOID HYBRID GRASS CArr IN WA~ERS TN COLLIf.R COUNTY UNDER PERMIT FROM THE STATE GAME AND FRESH- WATER FISII cm'1MISSION - ^DOPTf.D Legal notice having been published in the Naplca D~ily News on December 22, 1981, as evidenced by Affidavit of publication filed with the Clerk, public hearing WdS opened to consider the adoption of on Ordinance, superseding nnd repealing Ordinance No. 74-9 and providing for the introduction of the Triploid Hybrid Grass Carp in waters in Collier County under permit from the Statc Game and Freshwater Fish Commission. Public Works Administrator Clifford Barksdale stated that Ordinance No. 74-9 specifically prohibits t~e introduction of White Amur or Grass Cl1rp (Ctenopharyngodon idella) in watcrs of Collier County. He explaincd that the State Game and Freshwater Fish Commissi0n are now recommending the introductiun of 8 recently developed hybrid of this species which will not reproduco, as a safe and useful aquðtic plant ml1nagement tool. He said that in ordcr for the introduction or the Triploid Hybdd Gr<'ss Carp to bc--permitted by the State Game and Freshwater Fish Commission, Ordinance No. 7~-9 will have to be repealed by the adoption of ð new Ordinancc, as has been submitted with the Executive Summary, dated 10/16/81. Upon hearing that there were no registered speakers, Commissioner Wenzel moved, seconded by Commissioner Brown ~nd carried 4/0, th~t the public hearing be cloRed. Commissioner Wenzel moved, seconded by Commissioner Brown ðnd carried 4/0, that tho Ordinance, as numbered and ontitl~d below be adopted and entered Into Ordinance Book No. 14. PlIgc 3 &O~~ OS7 fACt 117 . ..., ....,... ,. -. . . - ~. - . . · - - -- -- - - - -.--..-. -- -- -- -- --' ..- -- -- - -~- .-- --. _. - I .. .._ .__ .__ _... _. __ ___ __._ __ _.. _ J January 12, 1902 orJ~~ 061 fACt 11B ORDINANCE NO. 82-3 AN ORDINANCE SUP~RSEDINC AND REPE¡\LING ORDI- NANCE 74-9; PROHIßITI~G POSSESSION, SALE, IMPORTATIm¡ OR Ju:r.El..SE INTO M-IY \>J/lTE¡'¡S 01" COLLI~n CCU~TY, CEnT~IN EXOTIC OR IMPORTED fISH: PROVIDrr;G FOI< Tm: INTnODUCTION OF CERTAIN FISH UNDER PERMIT FROM THE STATE GAME AND FRESHWATER FrSu COMMISSION: PROVIDING PENALTIES, SEVERABILITIE5, CONFLICTS, AND PROVIDING AN EFFECTIVE DATE. ORDIN¡\NCE NO. 02-4, AMENDING ORDINANCE NO. 72-1, TO INCLUDE CERTAIN LAND5 WITflIN GOLDEN GATE CITY T.N THE COLLIER COUNTY STREF.T LIGHTING DISTRICT - ADOPTED Legal notice hðving been published in the Naples Daily Nows on December 22, 1981 and in the Golden Gðtc Eagle on December 24, 1981, as evidenced by Affidavits of publication filed with the Clerk, public hearing was opened to consider the adoption of an Ordinance, amending Ordinance No. 72-1, to include certain lands within Golden Gate City in the Collier County Strcet Lighting Di~trict. Public Works Administrator Clifford Barksdale explained that his dcpartmcnt had received inquiries ðnd requests for additional stroot lighting to areas outside of the current boundaries of the lighting Jistrict in the Golden Gate area. He said that, pursuant to a study conducted by his staff, it has been determined that the estimated cost for installation of street lights in accordance with the Master Plan developed by Florida Powcr & Li~ht Company is $126,000 pcr year, resulting in an excessively high millage and also providing lightIng to some areag where it ¿s not warranted at this point in time. Thercfore, said Mr. Barksdale, using the Master PI~n as a guideline, the annual cost estimðte WðS rcduced to $52,000 by proposing to introduce street Pag 0 4 - - - ----- - - - - --.- - -- - - - - -~.- - - - --- --- --- -- -- -- '~ - - - - -- ---- - -----.- - - - - - - - - - - - - - - - - - - - - - - - - --- JanulHY 12, 19f12 lighting only along Goldcn Gate Parkway and at stroot intersections. II" aoded that, in the future, ðS the need arises, additiol.ul Uo;~.t8 could be inst~lled. Mr. Barksdnle explùined that the Public Works Division has conducted ð comparison ðnalysis regarding tho effects that the proposed add 1t ion would have on the current Collier County Street Light i ng District versus those on the rT'illage rate if that portion of the existing Golden Gate street light ing area were to be deleted from the Collier County Stroet Lighting District and combined with the proposed addition as a separate district. Also analyzed was the estimatod millage rate for the proposed additional area if it were to be created as a completely separate òistrict, said Mr. Barksdale, who added thbt, pursuant to these studies, he feels that the most ~quitable method of providing street lighting within the proposed areð would be to illclude it in the Collior County Street Lighting District. He added that, in doi~g this, there will be a sJ ight impö~L 011 the current millage rate of the District, however, thib would bo reduced as growth within Golden Gate continues. Mr. Barksdale rcported that staff has met with members of the Golden Gate Civic Association anò that they concur with the proposal. Mr. Druce Holly, resident of East Naples, spoke in opposition to the inclusion of the additional street lighting in tho Collier County Street Lighting District, stating his reason as prefering to see independent lighting districts for separate areas, thus insuring that only the users will pay for the lights. Mr. Phillip Giofrida, representing Golden Gate Civic ^ssoc., spoke Pagp 5 &o:J~ 067 fA~i119 .__... ... ,.. ~. ..-_.-_.... ~_. ~. .. .. . .... ..~-~--.. _. ....- ---.-. . -. .. - .. -~ . ... Mr. ~ike Zewalk, representing the North N~plcs Civic Assoc., asked for clarification that only the U50rs in Golden Gate City would be paying for the lights and not the entire County. Mr. Barksdale confirmed that only those peopl~ within the district being served will pay for tho lights in Golden Gate. I I ¡ IO¡; -C67 fALe 120 - - - - - - -- - - - - - - - - - -J.':.~Y--I;-. -1;0;- - - - - - --11 in favor of tho inclusion of the additional area of Golden Gate in tho Dintrlct. Ho thanked the Public Works Division staff for their time I and effort and the cooperative attitude displayed in working with tho Civic Assoc. The following let..ers wore received for the record, regarding the subject proposal as follows: Mr. Jack Dempsey, 5l~ Broad Street, AugUSlð, Ga. - (favor) Mr. Richard J. Woodruff, Golden Gate property owner - (opposed) Mr. Jack Piggott, Golden Gate Well Drilling & Water Condttioning - (Opposed) Mr. A. Frank-¡'imijL.,n, North Hollywood, California - (No opinion) Mr. William Porter Jr., Stone Mountain, Ga - (opposed) Co~mi~3io~cr Wenzel moved, seconded by Commissioner Brown and carried ~/O, that the public hearing be closed. Commissioner Brown moved, se~ondcd by Commissioner Wenzel and carried 4/0, that the Ordinance, as numbered and entitled below, bo adopted and entered into Ordi~ance Book No. 14. ORDINANCE 82-4 AN ORDINANCE AMENDTNG ORDINANCE NO. CERT^IN LANDS IN GOLDf,N GATE CITY COUNTY STREET LIGHTING DISTRICT, CONSTRUCTION, AND AN EFFECTIVE D¡\TE 7~-1 BY ADDING TO TilE COLLIER PROVIDING FOR pag e 6 ...- - - -- -- - - - - - - - - - - - - - - - -- - -- - --- - - - - - - - - --- ,. ", ., ~ .",,, . '. - - - - - --- - - - - - - - - -..- -- - -- - - - - - - - - - - - - - - -- - - -. Janunr.y 12, 1982 ORDINANCE NO. 82-5, A~ENDINC onDINANCf. NO. 77.-1 OY ADDING CERTAIN LANDS OF PINE WOODS SUODIVISiON AND IMPp.nIAt GOLF r.STATF.S UNIT 1 SUBDIVISION TO TIlE COLLIER COUNTY ~TnEET LIGHTI~G DISTRICT AND RF.Pf.~~ING ORDIN~NC~ NOS. 70-75 AND 78-7(;, WIIICII ESTABLISIIED THF:Sf: SUBDIVISIONf. AS STnr.ET LIGHTING MUNICIPAL SERVICE TAXING DI~TRICTS - ¡\DOPTED Legal notice having been published in the Nðp1as Doily News on December 2', 1981, as evtjenced by Affidavit of publication filed with the Clerk, public hearing was oponed to consider ðdoption of an ordinanco amending Ordinance No. 12-1, adding lands in pine Woods and Imperial Golf Estates to the Collier County Street Lighting District ond also repealing Ordinances No. 18-75 and 78-76, which established those subdivisions as Street Lighting Municipal Service TaKing Di !'tr icts. Mr. Barksdale reported that, pursuant to the sðme kind of analysis outlined earlier regarding the inclusion of the Golden Gate City street lighting area into the Collier County Street Lighting District, it has been determined that the millòge rate for the Pine Woods and Imperial Golf E~lal~s I Subùivieons' Slre~t Lighting Municipal Service Tûxir.g Districts ig now within 1/10 mill of the Collier County Strect Lighting - District's .Hld, therC'fore, it is recommended that they be incorporated. He recommended that the Board adopt the Ordinance submitted with the Executive Summary, dated 12/10/81, thcreby amending Ordinance 12-1 by adding the subject subdivisions to the Collier County Street Lighting District and also repealing the ordinances which established the respective Street Lighting Municipðl Service Taxing Districts. Commissioner WcnzBl moved, seconded by CommissIoner Pistor ðnd carried 4/0, thðt the public heðring be closed. Page 7 M~~ G67 fAtt 121' .. . - . - ,. -. ~ . .. -- ~. .- . ~. -. . _ _ . _ . . '''4o - . . _.. - . - - _. BD~K 067 FAGt 122 January 12, 1982 .. - - - ...- -- - - - - -- -- - --- - -- - -- - - -- - - ~_.- -- .. -- - .- - - -- ...- -- - - - - - . Commissioner Wenzel moved, seconded by Commissioner pistor and c~rricd 4/0, th~t the Ordin~ncc ð~ numbcred and entitled below, be adopted and entered in Ordinance Book No. 14. ORDINANCE NO. ~2-S J\N ORDINANCE J\MENDING ORDIN¡\NCE NO. 72-1 BY ADDING CERTAIN LANDS OF PINE WOODS SUBDIVISION AND IMPERIAL GOLF ESTATes UNIT 1 SUBDIVISION TO T~E COLLIER COUNTY STREET LIGIfTHIG DISTRICT; PROVIDING FOR CONSTRUCTION AND AN EFFECTIVE DATE. PET ITIml CCC L-( l-5C, D. T. TJ\CKNEY, REOUESTING J\ VARIANCE FROM THE CCCL FOR DUCHESS CONDOMINI!JM, MARCO ISLAND, - DENIF.D Legal notice having been published in the Naples Daily News on Decembcr 25, 1981, as evidenced by Affidavit of Publication filed with the Clerk, public hE>aring was opened to consider Petition CCCL-81-5C, filed by D. T. Tackncy, requosting a v~riance from the Coa~tal Construction Control Line for the Duchess Condominium, Marco Island. County Environmentalist Mark Benedict explained that, while he was not invol\·' -1 in th~ recommendation for apprvvRI of the f.lrst v<'Irillnco granted to the Duchess Condominium for construction of a lðndsc~ping wall, seÐw~rd of the CCCL, he has investigated the matter brought before him regarding the inappropriate placement of the subject landscaping wall by 7 to 13 feet seaward of its pcrmitted location. He reported that the petitioner claims that this is a rcsult of a "construction error", subscquently discovered and reported to the State Bureau of Beaches and Shores. Dr. Benedict said that, pursuant to his investiq~tion, he has determined that, because the wall is located on a wide stretch of beach behind a rather extensive dune vegetated by sea oats, the petitioner paqe 8 - - ------ -.- - - -- - --- - - - - - --- - - - --- - ------ - -- - - - - - - - - - - - - - - - - - - - - - -- -- - - - - - - - - - - - - --. J~nuðry 17, 1982 should crcûtc ~n artificial sea o~ts dune in the unvegetated ðrca seaward of. the wall and landward of the existing vegotati~: , adding that that this has been agreed upon by the petitioner. Further, stated Dr. Benedict, it is his opinion thnt, since the beach at the site is not eroding rapidly and, since thore is in existence a vigorous sea oats dune seaward ~f the wall, mitigating the unpermitted placement of this wall by the construction of a woo~en walkway over the oxisting vegetðtion and construction of an artificial dune seaward of the wall would, in tho long run, be more beneficial to the associated beach and dune system than requiring tho petitioner to remove the wall. Therefore, he added, his recommendation is tha~ the variar~e requested to permit "after-tile-fact" the construction of the wall 7 to 13 ft. seaward of the originally permitted location be approved, subject to eight stipulations outlined within the proposed resolution. He reported that the State also recommends approval, subject to the stipulation:.. There wa~ a discussion as to how this alleged "construction error" took place; the fact that the State and the County's en;rronmentalists feel that it would not be any more beneficial to the bcach to force the petitioner to remove the wall, as long as certain mitigating conditions arc met; and, the clarification from Dr. Benedict that he is not registoring his approval of the original construction beyond the CCCL, rather, he is simply offering his suggcstions as to how bcst to rcmedy a problcm having developed after prior approval for such construction was granted. Dr. Oenedict went on record as opposing any such construction that altors the integrity of the dune system. Page 9 eo~~ 067 fA~i 123 . - ,,_. -. . - . . .., . -.- .. - -" - -. ... .. ... .. - .. -... - . - .. - _... _. .. - -- -..... - -. --. . -~ - -- -- ---. . --- --. -- -- - - -- .-- - .-.- --- _.~- -. --.. -- -- -- - .- -.. - -- .- - - - --- BO~J( Obi FAw: 124 Jnnuðry 12, 1982 Commissioner Piator stated that tho developers of tho Duchess and the Prince Condominiums, tho latter being the subject of b similar petition to be IIOiHd n~xt on the ACJiJnd.3, havo never complied with tho requirement to install ßidcwalks along the front of the respoctlve properties. He asked Cou~ty ¡\ttorney pickworth if it would bo possible to include a stipulation that this be done, as a part of the approval of the two variance requests? After a brief discussion, Mr. pickworth replied that, because the two problems have no connections, they should be handled separately. Mr. Mike Zewalk, representing North Naples Civic Assoc., spoke in opposition to the variance, stating that he fears that the Board will be setting a precedent, whereby, all such "errors" will be justified in the future, rC5ulting in additional variances to the CCCL having to be gr.3nted "after-tho-fact". Ho urged ~he Board to insist that the petitioner remove the unpermitted wall. This was discUS3ed briefly, during which Mr. Zewalk insisted that the Board's duty is to see that all petitioners conform to their respective approved petitions and the conditions upon which they were granted. Cha i rman \...imer explained to Mr. Zewalk that the sta ff and the State are recommending appL"ovDI of the variance. He reported that the petitioner has agreed to the stipulations upon which the approval would be granted. * . * RECESS - TIME: 9:27 A.M. - 9:37 A.M. . * . Mr. Bruce Ho 11 y , resident of F.ù ß t Naples, concurred with Mr. Zowalk'E earlier statements, adding that he strongly disagrees with Dr. Pðge 10 - - -..--- -- - - - - -. - - -- - - -' - - - - - - - - - - - - -- -- -- - ----- ----------------- ----------- ------- - ---. - _. J~nuary 12, 1982 Bencdlct'n reference that the subject h~ßch was not eroding rapidly. ~~ claimed that even the placement of a small stick into the b;Jch would create wind diversion and increase erosion. Commissioner Wonzcl moved, seconded by Commissioner Pfstor and carried 4/0, that the public hcaring be closed. Commissioner pistor moved, seconded by Commissioner Wenzel and carried 3/1, with Commissioner Brown opposed, that Petition CCCL-81-5C be donied. Commissioner Pistor clarified his reason for motioning for donial as "because he feels that approval of this variance will start a row of similar approvals". PETITION CCCL-81-6C, T. L. TACKNEY, REQUESTING A VARIANCE FROM THE CCCL FOR PRINCE CONDOMINIUM, ~~RCO ISL^ND - OF-NIED LegÐl notice having been published in the Naples Daily News on Deccmber 25, 1981, as evidenced by Affi~avit of publication filed with the Clerk, public hearing was opened to consider petition CCCL-BI-6C, filed by T. L. Tackney, requcsting a variance from the Coastal Con- struction Control for the Prince Condominium, Marco Island. Pursuant to the fact that the subject variance is b.eing requested by the samc petitioner for the same reasons and that the staff and State's recommendations ùre identical to those related to the previous petition, Commissioner Wenzel moved, seconded by Commissioner Pistor and carried, 4/0, that the public nearing be closed. Commissioncr Plstor moved, seconded by Commissioner Wenzel and carried 3/1, with Commissioner Brown opposcd, that Petition CCCL-81-6C be denied. Poge ) 1 &oa~ 061 fAGi 125 . _. . _ . .. . ~ ... _ _ 'n .. ~. . .. --..... . -~ ._,...~ ..__..__...._--_..~..-. -.. .... -.. - - - _.- _... ... " ..... _. __. ___ __ ~_________~___________.________ ______.__ _._J r IJ~~ 067 FAti126 January 12, 19A2 I DIscusr;ION RE CONTRlICT WnH AM SERVICES RE V¡:::ICLE FLP.ET MAINTENANCE - I TO Rr. f,CIIE:D_ULEE FOR 1(1<'1/0' FOR f'ORMlIL ¡\CTION Public Z~fp.tï hd~ini~trntor Neil Dorrill expl~inp.ò th~t, purau~nt to 6Q~rd dirc~tion, th~ tvrrns ~nd conditions of the Scrvice Contrðct with ARA Servicos for vehicle fleet maintenance and management have been finòlizad, as has the ~ssociated Lease lIgreement. Mr. Dorrill said that the staff does not w!sh to appear that they are trying to circumvent Cornrn~sBioner Kruse's request to continue this matter until she returns and he acknowledged Commissioner Kruae's opposition to the concept, from the onset of the discussions, as early as last summer. He said that, pursuant to the Board's awarding the bid to liRA Services during last week's meeting and, after several meetings with ARlI, the final contract has been drafted, a copy of which was submitted to the Board. lie said that Messrs. Pickworth and H~ll have taken part in the aforementioned discussions and he reported that, as a result of the negotiations, the County h~s before it a better contract than was origl"olly anticipated. He said that, at this point in time, he is still anticipating an estimated annual savings of approximately $130,000. Commissioner Wenzel expressed doubt that a pri~ate opcrator could save the County that amount of money over the County operating the same thing. He said that, if ho could be guaranteed this amount of savings, he would approve the contract immediately. Mr. Dorrill reported that liRA has "como in under t~rget· every year they have operated under a similar contract in Gainesville, ns evidenced by their regular applications for incentive bonuses. Chairroan Wimcr reminded the Board that Commissioner Kruse has asked that this matter be deferred, adding that she will probably be opposed to the subject contract. He asked Mr. Dorrill if it would be P.3go 12 .- - ----- - ------.. --------- ----- ------------ - - - - - ---- - - - - - - -- - - - - -- - - - - - - - - - - - - -- - - - -_.. ~ J~nußry 12, 19A2 detrimental to wait for one additional week before the Boord vote~ on the approvel of the contrÐct? Mr. Dorill replied negotiveiy, clarifying that, while he does not wish to come between the Board on this matter, he i8 very anxious to get the project Rtarted. County Attorney Pickworth stated that, although Mr. Dorrill is not aware of it, he has JUßt received a telephone call from ARAts Attorney, requesting that a few details of the COI.trllct be discussed further. He said tha~ it would be better to wait until all changes are made before taking final action on the contract. , Commissioner Brown stated that he favors the subject èontroct, however, he will yield to his colleague's request for continuance and, out of respect to Commissioner Kruse, move to ¡;lllcc' the matter on next week's agenda for final approval. Commissioner Wenzel seconded the motion, which carried 4/0. STAFF DIRECTED TO INITIATE PROPER PROCEDURES RE REZONING CERTAIN L¡\NDS ALONG PORTIONS OF COLLIER BOULEVARD, MARCO ISL¡\ND FROM "RT" TO "RMF-l(," Community Development Administrator Terry Virta re~rred to a memorandum, dated January 11, 1982, to the BCC, re rezoning certain "RT" areas on Marco Island to "RMF-16". He explained that, pursuant to Boord direction, on 1/5/82, he and Mrs. Kirchhoff made a field investigation of the area. He said that staff w~s asked to look into the feasibility of rezoning those lnnds zoned "RT", between the Marriott Marco Beach Hotel and the Residents' Beach, along the west side of Collier Boulevard. He said that, as a result of this investigation, it is staff's recommendation that the zoning on the west side of Collier, from north of tho Marriott Marco Beach Hotel running north to the Residential Bcach be changed to RMF-16 and the east siè~ from Maple Avenue up to and including the Mariner project be given BO~~ 067 fAGi 127 Page 13 .-. -.. -. ...... ... ...--.--.--...~_....- '--" .. - .. -.. . - .., ..... . - ..- .. . ..-.. -- . .. ..~.. _.. .-_. ~-. -- -.- ..- - ..'- - - - _.. -. - - - - - -- ...-- -- -- -- .~_. .-... .-. -- - . - - ~ I\O~~ 067 fAti128 Jðnuary 12, 1982 si~ilðr zoning Clð5sification. Further, 1t 1s staff's rocommondation th~t, becauso of and exiptin~ -RT" use on one of th~ two rem~inlng parcols south of Maplcß Avenue and north of tho hotel, theøe two parcels remain zoned as -RT·. There was ð briof discussion, during which Commissioner Pistor stated that this recommendation is exactly what he had requested. County ¡\ttorney Pickworth requested ~onfirmation that this change of zoning will not affcct any of the existing uses for those properties and Mr. Virto stated that it will not restrict the existing uses any moro than the prcsent zoning. Chairman Wimer rcquested that the staff be instructed to come forth with the rezoning as outlined, including the public hearing processcs. Commissioner Wenzel moved, seconded by Commissioner Pistor and carried 4/0,~h~t the stùff initiate the proper procedures to rezone the aforcmentioned RT lands to RMF-l6. RESOLUTION 02-~ RE PETITION PU-Rl-l9C, DOLORES CONLEY, REPRESENTING BRISSON ENTERPRISES, REQUESTING PROVISIONAL USE (2) OF THE "A-Z· DISTRICT fOR AN EXCAVATION RF. CONSTRUCTION OF AUTO RANCH AND RIGGS ROAD - ADOPTED, SUBJECT TO STIPULATIONS Planner Lee Kirchhoff outlined the location of the proposed excavation re petition PU-81-19C, filed by Dolorcs Conley, representing Brisson Enterprises, requesting provisional use (2) of the "A-2· district, cxplðining that the proposed cxcavation site will be on the west side of Auto Ranch Road, approxlm~tcly 3/10 mile south of u.s. 41. Mrs. Kirchhoff referred to the f.xecutlve Summary, dat~d 1/4/62, ~nd recapped the information therein, including the fact that the petitioner Is requo5ting the provisional use in order to provide fill material for tho construction of Auto Ranch and Riggs Road. Mrs. Kirchhoff reported thðt the CAPC and staff recommend approval Page 14 -. - - - - - - - - - - . - -- - - - - - - -- - - - - --- - - - - - - - - - - - - -- - - - - -- - ---- ---- - - - - - -- - - --- -. - - - - -~--- - - -- -- - _. January 12, 1982 of Pct.1Liul"l PU-Bl-19C, subject to the follo...lng stipulationsl 1. No pumping is to take place without specitic approvðl ~f SFWMD. 2. Thero shall be no blasting. 3. All applicable provisions of Ordinance AO-26 shall be adhernd to. 4. Complianco with the Noise Ordinance. Up)n noting th~t thore wore no registered speakers, Commissioner Arown moved, seconded by Commissioner Pistor and carried 4/0, that Resolution 82-6, re Petition PU-81-19C, approving a provisional use (2) of the "A-2" district for Brisson Enterprises, be adopted, subject to the abovc-refer~ncod stipulations and the CAPC Finding of Fact and Potitioner's Agreement to Stipulations be accepted. &Oo~ 061 fAGi 129 p.,ge lS .. - ~ -. . -. . ~.. ... - - - - - - -- -- - - - - - - - - - - -- - - - - - - - - ---- - - - - -- - _. January 12, 1982 of pctiL1un PU-81-19C, subject to the follo....ing stipulations I 1. No pumping is to take place without apecitic ðpprovðl "f SFWMD. 2. Thore shall be no blaßting. 3. All applicable provisions of Ordinance AO-2G shall be adherod to. 4. Complianco with the Noise Ordinanco. Upln noting th^t thore wore no registered speakers, Commissioner Rrown moved, seconded by Commissioner pistor and carried 4/0, that Resolution 82-6, re Petition PU-81-19C, approving a provisional use (2) of the "^-2" district for Brisson Enterprises, be adopted, subject to tho ðbove-refer~nced stipulations and the C^PC Finding of Fact and Petitioner's Agreement to Stipulations be accepted. ~oo~ 067 fAGi 129 Pllgo IS - .. .. ~ ... - -.. . -... '-" -. - .... -.. - ----.--- ---- ---- .--.-- - - - -- -- ---- -~ -- -.- -.---..--- ---------.. Jðnu~ry 12, 1902 RESOLUTION 82-7 RE p~TITrON PU-Al-20C, WHITE CONSTRUCTION, REQUESTING PROVI5ION^L USE (2) Of TilE "A-2" DISTRICT FOR AN F.XC^VATION RE CON- STRUCTION OF 1-75 - ADOPTED, SUnJ~CT TO STIPUL^TIONS Planner Lee Kirchhoff outlined the 10cðtion of the proposed excavation re Petition PU-81-20C, filed by White Con~truction, for provisional use (2) of the -^-2" district, as east of C-951 and north of the entrance to the County landfill. She referred to the Executive Summ~ry, dated 1/~/82, and outlined the information therein, including the fact that the petitioner is roquesting the subject provisional use in order to provide fll1 material for the construction of 1-75. Mrs. Kirchhoff rcported that the CAPC and staff recommend o!'Ipproval of Peti tion PU-81-20C, subject to the fo llowi ng stipulations: I. Depth of excavation shall be limited to 2" feet (elevation -9.0) and a water quality monitoring system shall be installed. 2. No off-site dischùrge of groundwater unless permitted by SFWMD. 3. InstQllation of a berm and interceptor ditch around the perimeter oft h Po pro pc r t y . 4. Use of fill shall be limited to that required for 1-75 construction only. 5. Size of excavation shall be limited to 70 acres. -- 6. ^ny blasting on site will require the issuance of a separate blasting permit. 7. Ordinance 80-26 shðll be adhered to. 8. The petitioner shQll provide ð roadwðy easement 37.5 feet in width along the north boundary of his property. 9. Operation will hr. subject to the Noise Ordinance which allows operation from 7:00 A.M. to 6:00 P.M. Upon hearing thðt there worc no registered spe3kcrs, Commissioner Bro~n moved, seconded by Commissioner Wenzel and carried 4/0, that Resolution 82-7 re petition PU-81-20C, approving a provisional use (2) for tho -^-2" district for White Co~struction, be adopted, subject to the above-rcferenced stipulations nnd that the cr.rc Finding of Fðct and Page If; ðO~~ 067 fACt 135 - _. ..- --~ -_.- -- -- - -- - -- --. -- --~ -.- -- -- _.. - -. -,., --. ._- - -- - - - - - - - - -- - - ..- - - Thoro w~s ð brief discusßion regarding a request made by Ri~~3rd - - .---------- ------! -- -- ------- -- ·-·---------_-1i 067 1"6 JanucUY 12, 19R2 ')~~ fACt ü the Petitioner's ^groemcnt to ~tipul^tions be ðccepted. \ I lIendcrlong of Wll£on, Millerr D.1rton, SoIl ::nd reck, ropr~se!'l\;ing White Construction, who ð&k~d th~t the DO.1rd consider approving tho temp~r~ry placement of six or seven travel trailers on the site of the excavation, in order to house workers until such time as the 1-75 construction is complete. Mrs. Kirchhoff explained that the Zoning Regulations will allow one mobile homo on five acres in the WA-2" district, howover, the tcmporary residence permits are approved for the "E" district and only for sIx months. Mr. Hcnderlong explained that the subject project could take up to two years. Chairman Wimer stated that this requcst appears to be contrary to the Zoning Ordinance regulations and explained lhat such ð request cannot be granted as a part of the 9ubject provisional use, however, if he wishes to pursue the request, he should apply for approval of the temporary housing separately. Pðge 17 . __ _ _ __ __4 _ _... _ _ _ . - -~ ... .--. - -- .- .- .. - ..-.- - .--. - - -.- --.. _.. --- ---.-.- ,.-..---...- --- -- -----.. --- .... .". -.-. -~'-~-'-'- .-. -.. - . ..-. . - - .. _. ... - ... .- - ~ '"'-.- - J~ 067 fAGt 142 J~nu~ry 12, 1982 CH^IR~^N WIMER OUTLINED THE D~cnRUM IN WHICH BCC ~E~TrNG5 WILL B~ HELD - Ch~irr.~n Wi~cr rcquc~ted time to m~kc ð 3t~temcnt rcg~rdln~ the decorum in which BCC Meetings are to be held. He stated that each and ovcry individuðl will be granted thc riqht to speak on all subjects, however, thcre ðrc ccrtain rules under which thesr. meetings are to be conducted and ðll 5pe~kp.rs Are expected to abide by thcm. He said that his intent as Chairm~n is to conduct the meetings in an orderly fashion, ðcco~ding to Robert's Rulon of Order, having bpcn modified for Governmcnt~l Procedure. He respectfully requosted everyone to abide by the rules of orderly conduct during Boðrd meetings, clarifying that, as Chairman of the BOðrd, he will not tolerate anything less than rcspect for all members of the Board, the staff and ðnyone that addresses the Board. He insiste~ that everyone who takes pArt In Board meetings wJll do 50 undcr the ~corum it deserves. Chairman Wimer noted that he wishes it to be clearly understood that he will not tolcrate disorderly conduct during a Board meeting, explaining that this i~ the only way d meeting CDn be conducted in order to insure that the Minutes can be recorded accurately and allow for clðrlty as to the Board's actions and their intent. RESOLUTION 82-0, RECOVERING FUNDS EXPENDED BY THE COUNTY TO ABATE A PUBLIC NUISANCE ON LOT 9, BLOCK C, LITTLE HICKORY, (CHARLES ELSEBOUGH) - ADOPTED Commissioner Wenzel moved, seconded by Commissioner pistor and carried 4/0, that Resolution A2-9, rccovering funds expended by the County to abate a public nuisance on Lot 9, Block C, Little Hickory, owned by Charles Elscbough, be adopted. Page lA - - - - - - - - -- - ._- -- - - - - - -. - - - - -- - - - - - - - - - - - - - - - -- developer of Edgewild Subdivision has submitted an Trrevocable Letter of Crcdit No. WVß AI-02-A, in the amount of $244,000, from tho Watauga I ;J~ 067~ACt 144- - - - - - - - - - -- - -- - - - -- -- Jl!n-:;.1-;Y-;; ,-l-;R-; - - - - - - _1 FIN^L PL^T OF EDGEWILD SUBDIVISION ^PPROVED FOR RECORDATION, LETTER OF CRfDTT NO. WVO 81-112-^, (1'/^'r!'Ur.^ V^L.t.EY t\^NI<) (5244,Or.0.OO) - ^CCEPTED, CONS'¡'UUCTION ^NlJ ",,^ IN'l'F.NM'¡CE J\GREF.,.,F:NT - i\PPROVF.D FOn F.XF.CU"¡ iON Public Works ^dministrator Clifford Barksdale explained that the Valley Bank, in order that the final plat may be recorded, in response to a stipulation attached to the approval of the finðl plat and construction drawings for this project, granted on 7/2/81. Commissioner Pistor moved, seconded by Cowmissioner Brown and carried 4/0, that the final plat for Edgewild Subdivision be approved for rccordation; that the L.etter of Irrevocable Credit as outlined above be accepted, and that the Construction and Maintenance Agreement be e~ecuted. pag e 19 .-. _.- --.-.. -- - ----- ...---..----. -_.~--þ.,.._-- - -----þ._---¥ - -...--------- ._--- - - -- þ- - - - - - - - -- -- -- - - -- - - - - - - - -- -- --- --- -- þ- - - - ...- -- - - - ....- .-. J~nu~ry 12, 19"2 TR¡\NSFER OF CONTR^CTED FIRE PROTECTION FOR r.OLDEN C^TE ESTATES UNITS 9fi , 97, SECTIONS 29 1. 30, T4I.1S, R?õE, (WITHIN FIRE DICTRICT f1) FROM C0LDF.N GATE FIRF. CONTROL DISTRICT TO NORTH NAPLES FIRE CùNTROL ~rSTRICT - ^PPROVF.D, EfFECTIVE OCTOBER I, 1902 Commissioner Wenzel moved, seconded by Commissioner Pistor and carried ~/O, that the transfer of contracted fire protection for Golden Gate ~statos Units 96 and 97, Sections 29 & 30, T48S, R2~E, (within Fire District 'I) from Golden Gðte Fire Control District to North Naples Fire Control District, be approved, effective October 1, 1982. RESOLUTION 82-10, RE INCREASE IN R^TES BY AMERICAN C^ßLEVISION SERVICES, INC. (FORMERLY GULF COMMUNICATORS, INC.) FOR CABLE TELEVISION SERVICE - ^DOPTED Mr. B. Kennet~ Gatlin, Attorney represcnting American Cablovision Services (^CS), (formerly kno"," as Gulf Communicators, Inc.) submitted the following d0cuments to Chief Deputy Clerk/Fiscal Officer Harold Hall, requesting that they be identified as Exhibit 1 and considered as being formally accepted by the Board of County Commissioners: 1. Copy of letter d~ted Novc~bcr 9, 19R1, from Michael Thorndike, Man~ger, Golden Gate System, American Cable Services, re notificlItion that, effective Aug~t 1"', lCJ8l, Gulf Communicators, Inc./D/ß/^ American Cable Services, Inc., legally changed its name to American Cable Services. 2. Copy of Certificate of Insurance, dated 12/1/81, from Leonard Ne"''mùn Agency, Inc. and copy of rcnewal certification re same, dated 12/14/82 3. Copy of letter dated Decembcr 2, 1981, to Chèdrm.:ln Wimer, from ACS, proposing a rate increase, enclosing copy of Petition to incre0se rates, appcndixe~, ñnd copies of Franchiac dated ~/8/67; Amendment to Frnnchise dated 8/20/fi8; Sccond Franchise Amendment dated 3/11/60, Bnd copy of Collier County Resolution cxecuted 1/22/80 re rates. Chairman Wimer stated th.:lt the Board has received a comprehensive rcport regarding the proposed rate increase by ACS as part of the Page '0 M~~ 067 FAGil~ ... --. - - -- _. - - -- ~- -- -- _.- _..- .._. -. -- - - - - -- -- -_. -. -- - - - - -- - - - -- -- -- -- - - - . - - - - - - - - - -- ,- .-. --- - - -- ~.... - - - _. -- - - - ~- - - -. - - -- - -- - -.. - . - - - [lr;~~ 067 fACt 150 Jðnunry 12, 19A2 Execu":.ivo Summary, diJtod 12/1';/01. :to asked if any of tho Doord mcmbers had questions and Commissioner Wenzel ~sked Mr. G~tll" if he has di£cusscd the proposed rðte increase for ACS with tho Golden Gate Civic Associdtion. ~r. Gatlin replied affirmatively. He clarified this reponsc by stðting that he understands that a memorandum from tho County Manager has been sent to the Civic Assoc. and that Mr. Thorndike, ACS Manager, did appear at a meeting to discuss this with the Civic Assoc. and there were no objections raised. Upon noting that there were no registored speakers othor than the petitioncr and/or their represcntatives, Commissioner Brown moved, seconded by Commissioner Pistor, that Resolution 82-10, approving an increase in rates for cablc services for American Cablevision Services, Inc., be adopted. Mr. Holly, ~ mcmber of the nudi~nce, asked the Board it there is a law that stipulates that a franchise fce may not be charged unless there is a Charter G~vernment7 After a brief discussion, Chairman Wimer explained that this does not apply to this particular Franchise, although it did ßpply to the franchise fee that was charged and subsequently dropped by Florida Power and Light Company to residents who live in the unincorpordted areas of the County, as was rcferred to by Mr. Holly during the discussion. Upon call· for thc question, the motion to adopt Resolution 82-10 carried 4/0. There was a brief discussion regarding how ACS would react to the Board deregulnting their Franchise. Chnirman Wimer explained that this is the only such franchise that has not been deregulated. Mr. Gatlin Page 21 - - ----- - --. -- --- _... -......- --- --.. -- -... .-- --- -- --- - --.. -- --- -- --- -- ---- - - - ..----- . ,'..'~. ....' ,. ; - - -- - - - - -- - - - - -- - - - - -- - -- - - -- -'" - - - -- - - - - - - - ._- January 12, 1982 explaincd that ACS would hDve no objections to deregulations 80 long as they could retain their wexclusivenessw. He stated that ACS does not wish to give up their exclusive Frðnchise. This was discussed briefly, after which Chairman Wimcr requested that Mr. Gðtlin investigate the matter and he agreed to do so, indicðting that he would transmit a letter rcgnrding this in the ncar future. Chairman Wimcr explained that the BCC is not actually a Wrate setting" body and would prefer to have all franchises deregulated. He stated that h9 prefcrs to see as little govcrnmental intcrfcrence in priv~te industry as possible. Commissioner Pistor concurred, Adding that he believes that this trend is becoming a "national movement". - Page 22 ao~~ 067 fACt 151 . - .- -. - - - - - - -- - - - - -- ....-. -- ---------- ._-- ...- -- -- - --- -- -- - .-- _.- --- ------------------------------------- January 12, 1982 ROUTIN~ BILLS - PAID Pursuant to Rosolution 01-150, the following chr.cks woro issued through Friday, 1/8/82, in paymcnt of routine bills I FUND CHECK NOR. AMOUNT County Checks 2307 - 2617 8359 - 8381 $1)85,729.71 5,051.79 CETA BUDGET AMENDMENT NO. 82-33 TRANSFERRING FUNDS TO PROVIDE FOR CONTRACT SERVICES (TEMPORARY PERSONN~L) DU~ TO UNANTICIPATED SICK LE¡\VE (PURCHASING DEP^RTI~ENT) - flDOPTED IN THE AMOUNT OF $1,187.00 Commissioner Wenzel moved, seconded by Commissioner Plstor and carried ~/O, thnt Budget Amendment No. 82-33, transferring funds to provide for contract !~rvic(~s (tcmporðry personnel) due to unanticipated sick leavc, for the Purchasing D~partment, be adopted in the amount of $1,187.00 r"gc 23 ~o~~ 067 FACt 153 - .. .. .. . ~.. ~ .. . - - - -- - - - - - -.- - -- -- - ..- -- - - - - -. - - - - - - --- - - - - -... - - -.- - - - Jðnu~ry 12, 1902 BUDGET AM~NDMENT NO. 02-34 PROVIDING ¡\ BUDCET FOR CIRCUIT JUDCE W. J. NELf,ON - ^DOPTED IN TilE ^"'.OllNT OF $(, ,9115 Commissioner Wenzel moved, seconded by Co~misslonor Piator ðnd carried 4/0, tha~ Budget Amendment No. 62-34, providing a budget for Circuit Judge W. J. Nelson, who is serving in Collier County part time, be adopted in the nmount of $6,945. pngc '4 80~K 067 FACi 155' - -..... - - -- -- -- -4o - - - - - _. _.-- __ - --- - - - - - - - - - ~ - - -- - - - - - -- -- ..- - - - - -- - - - -- - - - - - - - - - - - - - - - - - _.- - - -- - - - - - - - - -- -... J~nuary 17., 1987. BUDGET ¡\MENDMENT NO. 82-35 PflOVmING FOR PURCJ1I\SE OF PODIUMS, CHAIRS, TABLE AND MICROPIJONF.S FOR counTROOM OrER¡\TJONG (CIRCUIT JUDGE CH¡\RLES T. CARLTON) - ¡\DOPTED IN TilE 1\r"OUNT OF !:1,oon.('\o Commissioner Wenzel moved, seconded by Commissioner pistor and carried 410, that Budget Amendment No. 82-35, providing for purchase of podiums, chairs, table and microphones for Courtroom ~perðtions (Circuit Judge Charles T. Cðrlton), be adopted in the amount of $3,000.00 Page 25 M~~ 061 FAGi 157 -.... .. .. . -.. .. -. . -~, . .. -. .... ...-. .- - --. .-- - - - --- -- - - -- -- -- - - - -- - - - - - - -- - -.. - - -- - - -- - - - - - ._- --- - Jðnuary 12, 1982 CERTIFIC¡\TES OF CORnECTION TO TAX ROLL AS PRF:SF:NTED BY PROPERTY M'PRAI5~R':' OFFICE - "UTHOR IZED FOR EXf.CUTION ßY CHAIR~1AN Co~missioner pistor moved, seconded by Commissioner Wenzel and carried 410, that the Chairman bo authorized to execute the following Certificates of Correction to the Tax Roll, as presented by the Property Appraiser's office: NUMBERS DATES 1978 TAX ROLL 602 1/8/02 1980 TAX ROLL 547 1/8/82 1981 TAX ROLL TANGIBLE PERSONAL PROPERTY l'JR.l-fl':. and 8(; 1/6/82 1981 TAX ROLL 348 - 391 12/9/81 - I/ll/B2 LETTER OF RESIGNATION FROM FRANK M. SIMON, FROM PARKS AND RECRE¡\TION ¡\DVISORY COMMITTEE - ACCEPTf.D¡ LETTER OF APPRf.CIATION - AUTHORIZED Commissioner Wenzel moved, seconded by Commissioner Fistor and carried 4/0, that the Mr. Frank M. Simon's letter of resignation from the Parks and Recreation Advisor.y Committeo be accepted and the appropriate letter of appreciation be authorized. WORKSIIOP TENTATIVELY SCHEDULED FOR 1/l9/B2 RE BOARD POLICY RF.GARDING 1>.DVISOIW ßO^RDS Administrative Aide to the Board Graco Spaulding announced that a work~hop has tentatively been scheduled for January 19, 1982 regðrdinq the Bo~rd's Policy related to Advisory Boards. Page 21) B00~ 067 fAGi 159 - -. -- _. -- - - - - -- _. .-. '- - -- ._- -- --- - -- - - ~--. - --, --- --- -- -- -- - -. -- -- -- -' ._.- _. --. -.- ______~________~________________________J b~O~ G67 fAGt160 J"nuDry 12, 19R2 [ EXTRA GAIN TIME FOR INMATES NO. 1~9~7, A 4101 ~ lA(,5A - APPROVF.O Co~miz~ioncr Wenzel moved, ~~cor.dcd by COMMis9ionnr plstor ~nd carriod 4/0, that extra gain time for the following inmates be approved, as recommended by Sheriff Rogersz INMATE NO. 14947 A 4181 181)50 NO. DAYS GAIN TIME NEW Rf.LEASE DATF. 10 96 14 1/20/82 2/4182 1/25/82 LAKE TR¡\FfORD MEMORIAL G".RDENS CEMETERY DEEDS NO. 292, 293 & 294 .. AUTIIOR I Z ED FOR n F.CORDNI'I ON Pursuant to action of the Board January 10, 1978, wherein the Chairman was authorizd to sign various deeds to Lake Trafford Memorial Gardens Cemetery lots as the need arises, the following Deeds No. 292, 293 & 294 were rccorded and filed for the record: . Page 27 .0_ _. _~. _.. þ_ _.. ......_ "__4o _. __ ._.. _.... ..-- _.- _.- -- - - -4o __ __ __ -.. _~... - - - - - _... - - _~ _._ - - - -- .. ~ ·1 . ._.. _.' -' . . - - - . .. - . I -~ ßr;~~ 067 FAGé 164 Janu~ry 12, 1982 ~r5crLLANROUS CORRE~PONDENCE - FTLRD ¡\Nn¡On nrFEnRtD ~her~ hping no obj~ction, the Chair directed the fOllowing correspondence be filed and/or referred to th~ various department~ as ind iC:.Itcd I 1. Minutes of Golden Gate Fire Control District, December 8, I 9 ß 1. F 11 ed 2. Minutes of EMSAC, Deccmber 10, 1981. Filed 3. Mcmorandum dated December 31, 1981, from HUD re program modifications re Section 8 Moderate Rehabilitation Progr~m, and transmitting related information. xc Messrs. Norman and Virtð; Filed. 4. PSC Notices as follows: Docket No. 810355-"DM, Order No. 10488, Issued 1/4/82 re Adoption of Rule 25-22.61 F.A.C. - Stay Pending Judicial Review; Docket No. 7600h-CI, Ordcr No. 10489, Issued 1/5/82 ro Electric Utility Proccdurc for Long-term En~rqy Emcrgoncies - Rule 2~-h.l~5, F.A.C.; and, Notice of public hearing re United Telephone Compðny, Docket No. ßI0211-TP, Issued 1/8/82, re increase in rates and charges. .- .. . NOTE; The mceting was recessed at this timc (10:10 ".M.) to convcne in Workshop session, at which time Deputy Clcrk Davidson was rcplaccd by Deputy Clerk Kenyon; Later, during the workshop scssion, th~ me~ti"g recessed to rcconvene in Regular Session (11:10 ".M.) to consider the following mi.lttcr . . .. RESOLUTION 82-9 RE NEW PROPOSED SENATORI¡\L DISTRICTING PLAN - ADOPTED. DOCUMENT Tn HE PREPARED BY STAFF AND, UPON COUNTY ATTORNEY'S APPROV¡\L, T0 BE FOIH,'¡\RDF.D TO T^LLM!ASSEE. Mr. Harry Cunningham stated that he does not represent any organized group, ð9ding that he is a concerned citizen who has looked into the possibilities of the redistricting. Hc said he is asking the Board to considcr a plan which would bc more ben~ficiðl to Collicr County th~n other interestc~ entities. He stnted that an article appeared in thc Ne~s Press which relðted to the feelings that Pdge 29 .--- -------- - ._.- -- ------ ------------- ----.-... - -. -_.. I - - - -- -- - - - - - - - - - - - - - -- - - -- -- - - - - - - - -' - - - - -- January 12, 1982 Reprosentative Mðnn had on the politicÐl sellability of new Houso seats, adding that Rep. Mann ~lludcd to the pODsibility of port of Collier County being split to make up a Senate seat for which he would run. He said that thero is enough population growth in Lee County that tho outlook for that county is just shy of havin~ enough for a Senate seat itself. He stated that he believes that the intention of Mr. Mann is to take Lee County, part of Collier County, meaning Immokalee; to split up part of Highlands; take Glades and Henry to make a Senate seat. He said that a popul~tion of 81,219 is needed for a State Representðtive, adding that a State Senator requires three ·times that much. He reported that if Collier County does not initiate a plan that will fit into the scheme, Mr. Mann will take ð 3enate scat in Lee County and split part of Collier County into another district and Collier County will be forced to go east to seek a Senator. He advised that if Mr. Mann's propos,~l to get Lee County and Henry and part of Charlotte, Glades and Jlighlands to make a Senatorial seat, Collier County will have to go Eazt to Broward. lie stated that ~ll1er County makes up 83,000 or 1/3 needed for a Senate seat. He stated that there needs to be u proposal m~dc to countcract what Mr. Mann has proposed, adding that the key to his propos~l would be Monroe County. He said that, if Monroe County, having fi5,OOO is incorporated along with Collier County hiwing 85,000 and Henry, Glades, and Highlands, along with ~ small portion of DeSoto, there woul~ be a sufficient amount for ð Senate seat, making Collier the dominate County as it hð~ the greatest population. He stated that he received from the Reapportion- ment Committec copies of the minutcD of the the public hpðrings in Key Page- 29 BOO~ 067 fAGi 165 ·.....-. - ~ ... -- - - - -. .. - .. - . .. _. . u_ _ _ . . -..- - . ..-- _.... Jnnu~ry 12, 19R2 &O~~ 067 fACi 16R Wcst, DddTng ~ðt there was a negative renction of being with Collier County. 111:1 sta<:.ùd th,)t thero \.Ian no mention rcgûrdlnq ,,"on roe County in the Collicr County Public hearing. lie said that the only concern would be the Monroe people, adding that if Collier were to j~in forces with Glades, Uighlònds, Henry ðnd part of DeSoto, Collier County would be 8 dominate force for a Senator ~nd a State Represcntative, adding that part of Collier County would have to be given up as there is only 81,000 needed and Collier County would h3ve 85,000. He advised that it could be given to the HenrY/Glades area 8S that is one that Collier County controln, as they would be in Collier Counties' Senate seat and, therefore, have a voice in that House seat, also. Commissioner Wimer staten that under the Senatorial pl~n as now devised, Collier County would not be with Lee County, it would be with Broward County. ~ommissioner Wimer questioned if Lee County would still have its own senatorial seat and Collier County would have the Coastal Area and the ^griculture ðnd would have Glades County, Henry County, Highlands County and part of DeSoto as the plan is being prop05ed, to which ~r. Cunningh~m rcplied affirmatively. Commissioner pistor stated that Mr. Cunningham has a very good point, adding that if Collier County is split it would then be in two different senatorial sents. Commissioner Wenzel expressed his opinion in favor of Mr. Cunningham's proposal. Mr. Cunningham stated that he would suggest that a Resolution be sent to the House Reapportionment Committee stating that Collier County has ð plan that is being submitted. Page 30 - - - -- -- - -- - --- -,- -- ._. - -- -- - - - - -- - -- - - - - -.-. - - - - - - - - - - - -- --- - - - --- -- -- -.. - --- ------- -- - - - -- - - - - - - --- January 12, 1982 Commissioner Brown moved, seconded by Commission~r Wenzel and carried 4/0, that Resolution 82-9 re a new propos~d Scnatorlel Distrlct1n9 pl~n be adopted and Staff be directcd to prepare the document ~nd County Attorney to app~ove £ðme to be forwarded to Tallahassee, post haste. Note: Resolution not received in Clerk's office as of 1/19/82. .. * * .. * .. .. .. * * * * Thcre being no further business for the good of the County, thp meeting was adjourned by order of the Chair - Time: 11:30 A.M.. BOARD OF COUNTY COMMISSIONERS/EX OFFICIO GOVERNING BO~RD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL c ~ íJ(~ C. R. "RUSS" WHIER, CHAIRMAN ,. , .." '! . These minutes approved by the Bce 1/26/82. PlHJf' ~) &O:J~ 067 fACt 167 .. ..... .. .. ~ -. - ..