BCC Minutes 01/13/1981 R
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Naples, Florida, January 13, 1981
LET IT BE REMEMBERED, that the Board of County Commissioners In
Ind for the County of Collier, and also actin9 as ti,e 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 fol-
lowing members present;
CHAIRMAN:
VICE-CHAIRMAN:
John A. Phtor
Clf Hord Wenzel
C.R. "Russ" Wimer
Mary-Frances KrusI
Davl d C. Brown
ALSO PRESENT: William J. Reagan, Clerk; Harold L. Hall, Chief
Deput)' Clerk/Fhcal ~Hicer; Elinor M. Skinner and Edna Brenneman
(11:20 A.M.', Deputy Clerks; C. William Nonnan, County Manager; trvlng
Berzon, Utilities Division Director; Clifford Barksdale, Public Works
Administrator/Engineer; Lee Layne, Planner; Jeffory Perry, Zoning 01-
rlctor. Frank Wilcox, Purchasing Director. Terry Vlrta, Communlty
Development Administrator; Nell Oorrlll, Administrative Alde to the
County Manager; Tom Hafner, Public Safety AdmInistrator. Grace Spauldlng,
Administrative Aide to the Board: William McNulty, Sheriff's Deplrtment.
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.oaK 058 PaCE 435
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NO'1'K: Italian ','pl'anentll HC!/IID tl.tlt witt 1'0 raqlloatncl to 11/1
iiilifoiZ-to "10 oaool/a,
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dOMD OF CDUIlTY COHMtSSIONERS
&OOK "Q5~_ PACE-l36
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January 13, 1981
NOTICE: ALL PERSONS SPEAKtNG ON ANY AGENDA tTEM MUST REGtSTER
PRtOR TO THE ITEM BEtNG HEARD.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT
ON THIS AGENDA MUST BE SUOMITTED tN IlRtTING WtTH EXPLA-
NATION TO THE COUNTY MMAGER AT LEAST 13 DAYS PRtOR TO
T~E DATE OF THE MEETING AND WILL BE HEARD UNDER .PUBLtC
PETITtONS" AT 11:00 A.~.
ANY PERSON IIHO OECtDES TO APPEAL A CECtStON OF THtS
OOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAtN!NG
TllERETO, AlID THEREFORE MAY NEED TO ENSURE THAT A VERBATtH
RECORD OF THE PROCEEDINGS IS MADE, WHtCH RECORD tNCLUDES
THE TESTIMONY AND EVtDENCE UPON WHICH THE APPEAL IS TO
BE BASED. '
1. tNVOCATION
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2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDA
4. APpnOVAL OF MINUTE~:
December 2, December 9, and
December 16, 1900.
5. PROCLAMhTION AND PRESCNTATtON OF AIIARDS:
A. Lmployee Ser\lcp. Awards
(1) William F. Orown, Jr.
(2) Omar Ootana
(3) Edward Snyder
(4) Frank Wilcox
10 years
10 years
10 years
5 years
6. SOCtAL SERVICES
7. ADVERTISED PURLIC HEARINGS
A. Petition BD-00-13-C, Phil Pearce representing Nat Blando:
requesting extensIon of a boat dock to 16 feet located on
the corner of Ehret Lane Gnd Ruppert's Road In Old Harco
Village. (BCC requests to be continued to 1/20/al)
(Community Development) .
B. Petition CCCL-80-12-C, Coastal Englneerlng for the Ooltonl
Cerporntlon: requcstlng a variance frOM the Coastal
Construction Control Line ror South Seas Condo.lnlu..
on Marco Island. (DCC requests to be contlnu.d to 1/20/81)
(COMMunity nevelopmcnt)
C. An ordinance a.ondln9 Sectlon Two of Ordinance 80-80
proyldln9 addltlonal rlnhts, ro.ponslbllltles and dutte'
of thv [Mnrnnncy Hrdlcal Snrvl~ns AdvlsDry Council,
(This Is a en_ranlnn t~ 110. 9C(1). (Public Safoty)
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Agcndn
Paoc 2
Janudry
13, Ig0 1
Ordinnnce nmendlna Ordlnnnce 7G-48 te Include beach
access dredS in rnaulntlons pertainina to pnrks, to
Idd prehibltlons re, flrndrms, dnd to prohibit gldss
contdlners In beach access areas and on boaches,
(County Attorney)
8. OLD BUStNESS
o.
A, RODOZUtlO~ adopting tll. F{.lJo-Yoa, '1'1'O~Dlt DOlJoZopmo~t
P,oG,am p,opar.d by tho FZo,ida Dopt. or '1'ranDpo'tat.o~
and illDt,uoting nta[r to p,ooood with aZZ otops ,oquirod
to impZomollt a I~btio Tro~oit Syntom in CoZZi., County.
(Co~t. [,om 110101 ago~da) (rubHo Wor/(o)
9. COUNTY MANAGER'S REPORT
A. COUNTY MANAGER
B. COMMUNITY OEVELOPH~NT
(1) Resolutions to recover funds expended by the County to
abale public nuisances (weeds and vegetatIon) on:
lal,Lots 1-5, Block 5, Unit I, Naples Park
bLot 48, Block 72, Unit 5, Naples Park
..C: PUBLIC S~
(I) Resolution to adoption of recommended changes by
Emergency Hedic^l Services Advisory Council rnd
amended Eme.gcncy ~edlcal Services Advisory
Council Oylaws. (This Is a companion to Item 7C)
(2) Recommendation to waive formal advertising portion of
,ealed bid process for purchasing of replacement
ambul ance. (3) ROClXT'lllendatlon reI payment to American
D. PUBLIC WO~KS Imbul^nce. Inc. for December series.
(1) Recommendation fo.. prellminar I "ceptance of rall
Pines Su~dlvlslon, 10~ maintenance security,
excavation permit and release of construction
surely.
(2) Status report and recommendation by the Golden
Gate Estates Study Committee regarding the Interim
action project.
(3) Recommendation to approve agreement with Seaboard
Coast Line Railroad..Colller County Terminal.
E. PURCflAS I NG
(1) Recommendation to award:
(I) Bid 466 - Annual maintenance contrlct for
electric typewriters.
(b) Bid 467 - Riding reel mower.
(2) Recemmendatlon to reject Bid 461 Ind 462, Imbullnce
chassis and modular conversion.
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January 13,
058 PACE438
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1901.
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F, LI ORARY
(1)
Request for approval to move a newly-authorized half-
time Library Page (LG-l, $3.6013) rrom the Marco
Island Branch Library to the Collier North Dranch library.
10. DATA PROCESSIIlG MANAGEnS'S REPORT
11. IITtllTlES lo\ANAGER'S REPORT
A. COUNTY WATER-SEWER DISTntCT
(1) Acceptance of water and sewer facilities. Torrey
Pines Subdivision.
(2) Acceptnnce of water and sewer facilities. Lely
PnlmetLo Dunes Subdivision.
12. COUNTY ATTDRNEY'S REPORT
A. /'IrrHzrgD""Y olodiMnOQ """,mfi"O tl,O Coaotal ccnotrueti011 oetOOole
tin" ordi",mce providinG for a uar:"""" !'rem cstablishod ..tba<'1c
li"QS for structureo i"tomfod for boach protocti.011 and crosion
control.
13. CLERK TO T11F. BOARD I S REPORT
A. Payment ef bil 11
B. Budget amendments
C. Other
14. BOARD OF COUIlTY COMJollSSIONEnS
A. Rosolution requosti.nU continued 8"l'port tl,c fo, conotT'uDtiOll
cf i.nterstato 76 in SOllth Flcrida. .
15. MtSCELLANEOUS CORRESPONDENCE
16. "Ell DUSINESS
17. PUOLIC PETITtONS
18, fIIl,lOURlt
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January 13, 1981
AGENDA - APPROVED WITH AODlTlONS/DELETIONS
Commissioner Wonzel moved, seconded by Commissioner Kruse and
unanlmously carried, that the agenda be approved with the following
additionS and deletions:
a)
b)
Petition BD-BO-13-C, Phil Pearce - Withdrawn by petltloner.
Discussion re Payment/Amcrlcan Ambulance - Added to Publlc
Safety Report.
Resolution pertainIng to hospital site on Marco Island -
Added to County Attorney's Report.
c)
MINUTES OF MEETINGS DECEMBER 2, g, AND 16. 19BO - DEFERRED ONE WEEK
PRESENTATION OF SERVICE AWAROS TO VARIOUS COUNTY EMPLOYEES
Employee Servl<e Awards wcre presented to thp following Individuals,
along with expressions of appreciation from the Board and staff:
1. William F. Brown, Jr."
2. ()nar Botana"
3. Edward Snyder
4. Frank Wil cox.
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10 years
10 years
10 years
5 :..ears
"Employees prcsent to receive their awards.
ORDINANCE Bl-l AMENDING SECTION TWO OF ORDINANCE BO-aO PROVIDtNG
ADDITlONAL RIGHTS, RESPONSIBILITIES AND DUTIES OF THE EMERGENCY
HEDtCAL SERVICES ADVISORY COUNCIL C ADOPTED
Legal notice hav1ng been published In the Naples Daily News on
Oecember 23. 19BO as evidencod by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider an ordinance amending
Section Two of Ordinance BO-BO providing additional rights, responslblll-
ties and duties of the Emergency Services Advisory Council.
County Attorney Pickworth explained that Ordinance 8O-aO did not
give the EMS Council the right to review complaints concerning the
quallty of services and Mr. Pickworth read the sentence whlch would give
the Council the rtght to rtvlew complaints rtcelved by the Coundl. He
ltatad tIIIt at yesterday's EMS Council ..etlng, the .elIbers WIre a..ured
till, thI1would not be Involved wlth every clt1zl11 ~lal",. JuU the
~1.1nts whlch 1lI', Adc.III felt Should.... bl'OU9h' to the touncW'
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January 13, I"~ I
&OOK 058 'AC~ 440
Commlssloner Wenzel moved, 'seconded by Commlssloner Kruse and
unanlmously carried that the public hearing be closed,
Commissioner Wenzel moved, seconded by Commissioner Kruse and
carried unanimously, that the Ordinance, as numbered and entitled
below, be adopted and entered Into Ordinance Book No. 12,
ORDtNANCE NO. Bl .1
AN ORDINANCE AMENDING SECT tON TWO OF ORDtNANCE aO-BO
PROVIOING ADDITIONAL RIGHTS, RESPONStBtLITIES AND
DUTtES OF THE EMERGENCY MEDICAL SERVICES ADVtSORY
COUNCIL; PROVIDtNG AN EFFECTtVE DATE.
RESOLUTtON Bl-2 RE RECOMMENDED CHANGES OF EMERGENCY MEDtCAL SERVtCES
ADVISORY COUNCIL BYLAWS - ADOPTED
County Attorney Pickworth sugg~sted that the recommended changes
to the Emergency Medical Services Advisory Council Bylaws be addressed
at this time. .
After a short discussion, CommIssioner Wenzel moved, seconded by
Cha1rman Plstor and unanimously carried, that Resolution BI-2 pertaining
to the recommended changes to the Emergency Medical Services AdViSOry
Council Bylaws be adopted as recommended by staff.
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January 13, 1901
the heavy use of gasoline and he said he felt most people would not be
against a public transit system If It would be used by most of the people
ln the county, He stated he feels very strongly that the people who do
use the system should pay for It and the su~port or the system should
not come from new tax sources. He compllmentod Mr. Barksdale on the
work he has done on this system but he noted that the figures show that
under a favorable operation 75% of the people would have to support 25%
of the people who uso the systL.n. He"sald he hoped the resolution
would state that the users would have to pay the cost of running the
public transit system and asked the Board to consider his suggestion.
Ms. Joan Hamilton, President, East Naples Civic Association, read
Into the record her letter to the Board supporting the Implementation of
the public transit system and she complimented Mr. Barksdale for the re-
vIsed resolution.
Hr. L.S. RIchardson, President, Naples Civic Association, stated
that the rssoclatlon feels the DOT study should be used only as a basis
to ask for grants from the State and Federal Governments. He added that
the Association feels the city and county staffs should be as~ed to work
together to formulate a public transportation system and not a mass trans-
portation system, but one which would accommodate the city's need' as well
as the county's needs, which the Association feels are two different
things. He said the A~soclatlon feels with Input from the city and
county staffs a better prcposal thatn the one offered can be achieved.
He said the Association also feels the success of the system at the end
of the first and second year should be judged by 40% of the cost of the
bus system being paid by riders.
Chairman Pistor explained to Hr. Richardson that there will be
approximately eight months before the anticipated beginning of the pro-
posed system and during that time the Board does Intend to have joint
studies made between the city and county and that there will be an
Advisory Committee formed comprised of Interested citizens of the county
who are knowledgeablo about the requirements needed.
~Issloner Wimer .oVid, seconded by Commissioner Brown and car.
rled 4/1 wlth Commissioner Wenzel opposed, that Resolution 81-3 re flY1-
1H.r transit cIIY1lopment prograM (OOT) be adopted.
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058 rACE '454
RESOLUTIONS Bl-4 AND al-S PRovtDING FOR ASSESSMENTS OF LtEH, FOR THE
COST OF THE ABATEMENT OF PUDLtC NUISANCE. ADOPTED
Commissioner Wenzel moved, seconded by Commissioner Brown and
unanlmously carried, that Resolution 81-4 providing for the assessment
of llen, for the cost of the abatement of public nuisance on Lot. l-S.
Unit 1. Block 5, Naples Park, owned by Philip Jamra and Resolution al.S
provldlng for assessment of lien, for the cost of the abatement of pub-
lic nulsance on Lot 4B, Unit S, Block 72, Naples Park, owned by Calvin
Suer, be adopted.
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January 13, 1981
STATE OF EMERGENCY DECLARED AND FORMAL BtD PROCESS WAtVED FOR PURCHASING
OF TWO REPLACEMENT AMOULANCES
Publlc Safoty Administrator Tom Hafner referred to the Executlve
Summary dated l/13/81 regarding the letter from American Ambulance dated
1/5/BI lndlcating that the ambulance fleet was deteriorating rapldly and
that the Company was unable to keep up with preventative and normal wear
and tear maintenance of the units. Mr. Hafner recommended that a study
be conducted to analyze the pros and cons of the County taking on the
responsibility of County-owned ambulance maintenance.
A general discussion followed regarding the ImmedIate need for two
ambulances to be purchased. The advantages and disadvantages of the
budgeted chassis replacement versus a new unit were discussed. Both Mr.
Hafner and Mr. Jack Bridenthal, Operations Manager of American Ambulance,
agreed that the time frame required for a chassis conversion replacement
would be approximately Lhree months and th~t thl5 would be unsatisfactory
in order to provide the community with the level of service needed.
After a lengthy discussion Commissioner Wenzel moved, seconded by
Commissioner Brewn and unanimously carried, that a st~te of emergency be
declared. Commissioner Brown moved, seconded by Commissioner Kruse and
unanimously carried, that the bid process be waived for the purchase of
two'ambulances and that the Purchasing Director be given the authority
to accept telephone bids and that ~he bid requ.st stipulate that the
successful bidder be able to deliver the cnits within two weeks.
GENERAL DISCUSSION RE AMERtCAN AMBULANCE COMPLIANCE; PAYMENT OF DECEMBER
BtLL - APPROVED
Public Safety Administrator Tom Hafner reviewed In detail the alle-
gations regarding American Ambulance which were contained in his memo
dated January g, 1981 to County Manager Norman, copies of which were
distributed to the Commissioners. The subjects covered In the memo re-
lated to the s~uence of events associated with the purchase of an a..
bulance to replace the one which bumed In September, 1980. Hr. Magulrt'S
rtqllest that the nON unit meet new KKK speclflcatlonsl the sequence of
events l'I9Irdlng chauls conversion to be added to the budget for ""'r-
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ttln Albul.ncel the abSence of documents need.d for .ppl1catlon for
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&OOK 058 PAC['458
January 13, 1901
State Certification of American Ambulance; failure of three vehicles to pass
State HVt inspections; failure of Amerlcan Ambulance to complete the lnven-
tory submitted to the company In October, 1900; deterioration of the ambu-
lances due to marginal vehicle maintenance program: failure of American
Ambulance to provide a letter of agreement following the meeting of October
15, 19BO: and lack of American Ambulance to provide a proposal regarding
ambulance services during the ensuing contract year. Mr. Hafner stated that
because of American Ambulances' efforts to cure the major default, appllcl-
tlon for state certification, he recommended that the December 1980 payment
be made to American Ambulance.
Hr. Jack Maguire and Mr. Jack Orldenthal of American Ambulance refuted
the allegations In a lengthy discussion. They stated that the renewal appll-
cations of all forms f4rnlshed by the State were turned In before the explr-
ation date to Dr. Adams, and Dr. Adams concurred that the motor vehicle
permit applications had been omitted through an ovenlght on the part of th~
Slele. In response to Mr. M.~ulre, Dr. Adams said he had not received a
notification from the State that American Ambulance was In violation of state
law by not having a license.
With regard to lhe maintenance deficiencies, Mr. Brldenthal stated due
to the need for new ambulances there were only enough units to provide service
to the County and no .mbulances could be taken out of service to make repairs,
Hr. Brldenlhal stated that the all was changed on a monthly basis on each
unit and an employee was dismissed who failed to log the maintenance he
performed. He said Mr. Hafner was Infonncd of this situation.
Hr. Brldenthal denied the allegation that one unit had not passed In-
speciton oofnting out the copy of the Inspection sticker dated December 31,
19aO included In the first page of American Ambulance's rebuttal.
Hr. Brldenthal stated that American Ambulance has provided the County
with an Inventory four times during 19BO of all equipment which Amerlcln
Ambulance has. He pointed out the Inventory In question Is not accurate.
Mr. Brldenthal stated that a proposal for next year's service was
provided .for the County.
tn response to Commissioner Wenzel, Mr. Brldenthal ag~ to...t wlth
staff and lIOn out an a..ndlnent t,. ""'rlcan Ambulance contract to have the
County do the ..Intenanco on the awbulances.
In respons. to Chatnlen Plstor, Mr. Brldcnthal described the procedure
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January 13, 19B1
which Amerlcan Ambulance has used in tho past to have three good units and
two new unlts ln operation at the beginning of eash season.
Hr. Maguire made a statement at this time rerutlng the allegations made
today.
Commlssloner Brown moved, seconded by Commlssioner Wimer and unanimous-
ly carried, that the $4B,OOO December bill be paid to Amerlcan Ambulance.
Commissioner Wimer questioned County Manager Norman as to why this situ-
ation was not handled adm1nlstratively and directed him that In the future
lf similar situations cannot be resolved then tho matter can be brought be-
fore the Board. Commiss10ner Kruse agreed with Commissioner Wimer.
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RECESS: 11:10 A.M. to 11:20 A.M., at which time Deputy Clerk Skinner was
replaced by Deputy Clerk Brenneman.
(Commissioner Wimer not present when meet1ng reconvened)
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BOARD APPROVES PREI.IMINARY ACCEPTANCE OF TALL PINES SUBDIVIStON; IRREVOCABLE
LETTERS OF CREDIT (BANK OF MONTREAL NOS. L/C 241l-BO-64 AND L/C 2411-BO-63)
FOR MAtNTENANCE SECURITY AND EXCAVATIOII PERMIT - ACCEPTED; IRREVOCABLE LET-
TER OF CREDIT (BANK OF MONTRFM. NO. 1./"1.11-80-53) - APPROVED FOR RELEASE
Public Works Admlnistrator/EngincI ':.rksdale approached the Board
with a staff recommendation for the preliminary acceptance of the raIl Pines
.
Subd1vlsion, Including acceptance o~ trrevocable . et'ers of Credit pertain-
Ing thereto and the release of the Irrevocable Letter of CredIt previously
posted by the developer, Gath, tnc. Mr. Barksdale explained that the Sub-
division work has been 1nspected and found to be In compliance with the
approved plans and spec1flcatlons.
Commissioner Brown moved, seconded by Commlss10ner Kruse, that Prelim-
Inary Acceptance of Tall Pines Subdivision be approved; that trrevocable
Letters of Credit (Bank of Hontreal Nos. L/C 2411-B-64 and L/C 241l-aO-63)
be accepted as security for one-year maintenance In the amount of $33,57a.36,
and for the uncompleted excavation permit In the amount of $25,000, and that
the trrevocable Letter of Credit (Bank of Hontreal No. L/C 2411-80-53 In
the amount of $58,57a.36), previously posted by the developer, Gath, Inc..
be rtle..ed.
Upon "" for the questlon, the motion carried by unlnlllOus vote, (Notea
Although not present when the vote WII ca1led. eo.lnloner lll.r. liter In
the Stilton. liked that the record reflect his vote in favor of the ..Uon,)
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&OOK 058 PAct ~60
MODtFtED GGESC tNTERtM ACTtON PROJECT, INCLUDING ASSURANCES AS REQUESTEO
BY COtofolISStONER KRUSE. APPROVED I ADVERTlStNG AUTIIORIZED FOR OtDS
Public Works Administrator/Engineer Oarksdale reviewed briefly the
Information contained In the Executive Summary dated December 3l, 1980
with regard to the GGESC tnterlm Action Project which Included the alter-
natives proposed by the Army Corps of Engineers In their letter to hlm
dated November 21, 1960. He sold that It Is the recommendation of the
Goldon Gate Estates Study Committee and the staff that the Board authorize
proceeding with obtaining agreement with the Corps of Engineers for the
following described program:
1. Remove existing sandbags,
2. Install removable boards In the existing V-notches.
3. Install flashboards not to exceed those heights listed
in Table 2 of 'the C112M Hll,l Report of November 1. 197B.
4. Remove the boards during the wet season and reinstall
at the end of the rainy season after the waters have
receded to the heights In Table 2 of the CII2M 11111
Report.
Mr. Barksdale added that tho GGESC voted to recommend to the Board that
t~e staff see~ an a~reement with the Corps on proceeding with the Instal-
lation of flashboards only on those weirs in the Program which currently
have sandbags.
During the discussion which followed, Commlss',ner Kruse observed
that she would have no major objection to the proposal provided that the
four objectIves that the Corps requested assurance on, as listed on Page
2 of the Corps' November 21, 19BO letter, are reassured to the Corps In
writing: that the height of the water be agreed upon and recommended by
the Corps; and that a fail-safe method of monitoring the water level be
established. To respond to Commissioner Kruse' concern over the monitoring
of tho weirs, Hr. Barksdale explained that part of the Program requIres the
Installation of water gauges at each of the weirs and that those will be
monitored on a monthly basIs with I member of his staff assigned to the
project. He assured Commissioner Kruse that all of the Corps' Objectives
referred to will be met. Additionally, Hr. Barksdale noted the steps
which wlll be taken to prevent vandalism of the weirs to the extent poSSible.
c-IIst_r 8rown mend, Seconded by eo.hslonor Kruse, that the
stiff rI< andatlon be approved, as detailed by Hr. Barksdale, Including
January 13, 1981
the a~surancos roquested by Commlssloner Kruse; and, that the ~taff be
luthorized to advertlso for bids with the bids to be brou9ht back to the
Board for approval. The motlon carrled unanimously. (Note: Although
not present at the time of the vote, Commls~loner Wimer, later In the
Session, asked that tha record reflect his vote,in ~upport of the
IlOtion) .
AGREEHENT WtTH SEABOARD COAST LINE RAILROAO FOR USE OF RAtLROAD RIGHT-
OF-WAY AS UNLOADING AREA FOR COLLIER COUNTY TERMtNAL - APPROVED FOR
CHAIRMAN'S SIGNATURE
Public Works Adm1nlstrator/Engineer Barksdale reported that the
Seaboard CoastLIne 'Ra il road Company hu requested that the County enter
Into an agreement for the use and maintenance of a drlvcway/unloadlng
area within the Railroad Line right-of-way at the new track terminal
site which was constructed as part of the abandrynment of the track.
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Following additional brief comment, Mr. Barksdale said that it Is his
recommendation that the Chairman be author1zed to sign the subject
~Qreement. Rc.pondlng to Comm1s.loner Wenzel, Mr. B~rksd~le .ald that
there Is no capital expendlturo on the part of the County Involved.
Commissioner Wenzel moved, seconded by Commissioner Brown, that the
staff recommendation, out11ned abovo, be approved and that the Chairman
be authorized to s1yn the propose~ Agreement. The motion carried by
unanimous vote. (Note: Although not present at the time of the vote,
Commissioner Wimer, later In the Session, asked that the record reflect
his vote In support of the motion.)
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BIO NO. 466 FOR ANNUAL MAINTEN^NCE CONTRACT FOR ELECTRtC TYPEWRITERS -
AWARDCD TO DOWMAN OFFICE SUPPLY OF NAPLES, FLORtM IN TIlE AMOUNT OF
$40.00 PCR MACltlNE
Legal notice having boen published In the Naples Dally News on
December 5 and 8, 1980 as evidenced by Affidavit of Publication flIed
wlth the Clerk, bids with regard to Did No. 466 for Annual Maintenance
Contract for Electric Typewriters were recelved until December 30, 1980.
It was explained by Purchasin9 Director Frank Wilcox that the
total amount of the contract will be approximately $6,000, with the
dollar amount being charged to the respective departments, as contained
In the pertinent budgets for the current fiscal year.
Note: Commissioner Wimer returned to the meeting at
this time In the proceedings.
Commissioner Wenzel moved, seconded by Commissioner B~own and
unanimously carried, that Bid No. 466 for the Annual Mal~tenance Con-
tract for Clectric Typewriters be awarded to Bo\~n Office Supply of
Naples, Florida in the amount of $40.00 per machine, and that the Chair-
man be authorized to sign, and the Clerk to attest, the resulting Agree-
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BtD NO. 467 FOR PURCHASE OF REEL-TYPE RIDING MOWER FOR USE BY PARKS
& RCCREATtON DCPARTMENT - AWARDED TO ZAUN EQUIPME~(, :NC. IN THE AMOUNT
OF S5,a07.
Legal notice having been publJshed In the Naples Daily News on
Oecember Band 10, 19aO as evidenced by Affidavit of Publication filed
with the Clerk, bids with regard to Bid No. 467 for the purchase of a
reel-type riding mower for use by the Parks & Recreation Department were
received until December 30, 1980.
Following a brief explanation by Purchasing Director Frank Wilcox
with regard to the necessity for the type of mower being requested,
tommlssloner Brown moved, seconded by Commlssloner Wlmer and unanl.cusly
carried, that Bid No. 467 be awarded to Zaun Equipment, tnc. ln the
amount of $5,a07, pursuant to staff recommendation, and that the Chalr-
IIn be luthorlzed to sign, and the Clerk to attest, the resultlng Agree-
-.nt.
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&OOK 058 PACE 4.66
January 13, 1981
8tDS RECEtVEO RE OtDS NOS, 461 AND 462 FOR PURCIIASE OF AJoIOULANCE CHASSIS
AND MODULAR CONVERSION - REJECTED; REOtO AUTI10RIZEO
For the reasons contalned In the Executive Summary dated December
30, 19BO as prepared by him, and approved by the Public Safety Admlnls-
trator, Purchasing Director frank Wilcox advised that it Is the staff
recomr,~ndatlon that the Board reject the one and only bid received wlth
regard to Bids Nos. 461 and 462, for the purchase of an ambulance chassls
and modular conversion, and that rebidding of the purchase, as soon as
possible, be authorized.
Commissioner Wimer moved, seconded by Commissioner Brown and unan-
imously carried, that the staff recommendation be approved, as detailed
above.
TRANSFER OF NEWLY-AUTHORIZED HALF-TI'ME LIBRARY PAGE FROM MARCO tSLAND
BRANCH LIBRARY TO COLLIER NORTH BRANCH - APPROVED
Pursuant to th. recorrmundatloll set rorth in the Executive Sumnary
dated January 2, 1981, as prepared by Library Director Richard Joder,
Commissioner Brown moved, seconded by ~ommissioner Wimer and unanimously
carried, that the Board approve the request for the transfer of the
rewly-authorized half-time Library Page from the Marco Island Branch
LIbrary to thl' Collier North Branch LIbrary.
TORREY PINES SUBDIVISION WATER AND SEWER FACIltTtES . ACCEPTED, RECORDtNG
OF PERTINENT LEGAL DOCUMENTS - AUTHORIZED, SAME TO BE FtLED FOR THE RECORD;
CHAt~~N AUTHORIZED TO SIGN RELATED SEWER FACILtTtES LEASE BETWEEN COLLtER
COUrlTY WATER-SEWER DISTRICT AND LELY ESTATES, INC. (DEVELOPEP.1
UtIlities Division Manager Irving Berzon reported that the devel-
oper of the Torrey Pines Subdivision has completod the construction of
the water/sewer facilities in the Subdivision to meet County requirements
and has provided the necessary documents for their transfer to the County.
tn addition, said Hr. Berzon, a lease-back agreement has been arranged
with the developer, Lely Estatos, Inc., for the operation and ~lntenanCl.
and for the treatment of sewage. Hr, Berzon subaltted the fol1owlnv docu-
..nts to be recorded In the Board's Minutes and ln the Offlclll Records:
1. Bill of Sale for the sewer facllltl.s,
Z, Deed for the sllWlr facl11tle..
January 13, 19a1
3. Bill of Sale for the water facilities.
4. Deed for the wator facilities.
5. Sewer Facilities Lease.
6. Up-to-date list of property ownors,
7. Affidavit of No Liens.
B. Contractual Guarantee.
9. A copy of the Infiltration test for the sewer
lines.
10. A copy of the pressure tests for the water main
and sewer force main.
11. Copies of the lab tests and DER bacteriological
clearance.
12. Copy of the letter regarding contributions In aid
of construction.
13. Certificate of final cost for the water facilities.
14. Certificate of final cost for the sewer facilities.
15. A letter from the developer rp.gardlng the responsi-
bility for the maintp.nance of the sprinkler system
whIch is located ir the public right-of-way.
16. A letter from the developer acknowledging and
agreeing to the ma1nt^nancn and respcnsibllity of
the sewer lateral locations.
17. A letter from the Engineer of Record stating that
the water and sewer fa~lllties are located within
thp. publ ic right-of-way and dedicated euseldnts.
la. A letter from the East Naples Fire Control District
regarding the ownership and maintenance of the fire
hydrants .
19. A copy of the recorded plat.
20. A copy of the as-built drawings.
Commissioner Wenzel Inquired If there will be any cost to the tax-
payers In the future with regard to maintenance, repairs, or the like
with Hr. Berzon responding that there wIll be none: however, he said
that the people affected will be paying for the facilities for the life
of the sys tom.
~Issloner Kruse moved, seconded by CommIssioner Brown and untn-
lmously carried, that the Board of County Commissioners, Ex-officio
Governing Board of the County Water-Sewer Ohtrlct, Iccept the water and
sewer flcll1tles wlthln Torl'l1 Plnes Subdivision. .. lndlcated lbove, for
CIWIlInhip, Ind that the Board authorll1 the rtcordlng of till lege' docu-
.v.: .-nts tn the Offlcl11 Records of Comer Countyl 1110, that tIlIloIrd
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luthorlze the Chilnlln to ,t9ft the Iforeslld Sewer Flcllltles L....,
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&~OK 058 rACE476
COmmlssloner Wimer moved, seconded by Commlssloner 8rown and
unanimously carried, that the Board of County Commissioners, Ex-offlclo
Governing Board of the County Water-Sewer Olstrlct, accept thl water
and scwor facilities within Lely Palmetto Dunes Subdivision. as In-
dlcated above, for ownership, and that the Board authorize the record-
Ing of the legal documents ln the Official Records of Collier Countyl
also, that the Chairman be authorized to sign the Laasa betwean the
District and Lely Estates, tnc.. leasing back to the developer the
sanitary sewer system, for the operation, maintenance, and treatment
of sewage.
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January 13, 1991
PROPOSED EHERGENCY ORDtNAHCE AMENDtNG COASTAL CONSTRUCT tON SETBACK LINE
ORDtNANCE PROVIDING FOR VARtANCE FOR STRUCTURES INTENDED FOR BEACH PRO-
TECTION AND EROS tON CONTROL - REJECTED
County Attorney Pickworth explained that the proposed ordinance
emending the Coastal Construction Setback Line Ordinance provides for
variances for structures Intended for beach protection and eroslon control
whereas the existing ordinance allows variances from the establlshod
setback llna In cases where structures immediately adjacent have estab-
lished a reasonably continuous and uniform construction line closer to the
line of mean high water than the established line for construction, He
cited the example of a recont application wherein an Individual wanting to
construct a structure seaward of the control line for the purpose of sta-
bilizing the shoreline. or preventing further beach erosion, could not be
granted a variance under the present ordinance regardless of the merit of
the project. Attorney Pickworth reported that he met with Mr. Mike Stephens,
experienced in coastal engineering, for the p.rplJe of draftln. the pro-
posed language for Insertion Into the ordinance which would allow such
activity without "opening doors" to undesirable construction. He r~ad
the pertinent change In the ordinance verbage whl~h he said Is felt would
accomplish the narrow objective and still allow for the Board to review
the proposal and Insuro that the structure does, In fact, accomplish the
purpose.
Commissioner Wimer suggested that he has no problem with the Intent
cf the propose~ change in the ordinance but questioned who would determine
t'lat a projoct will or will not be detrimental since the staff does not
have the necessary expertise to make such decision. Commissioner Kruse
inquired if DNR staff members or per~onnel from the University of Florida,
and the like, are available for questioning In this regard. Community
Development Administrator Vlrta said that outside assistance can be
sough t,
Hr. Al Hactlwaln noted that he Is in the midst of such applicatlon
at the present time and said that It is his opinion that a project has
to be presented to the llIfR before 'anything can be done' even with the
approval of the Board since ,the construction line In the Countt ls based
on Stlte-estlbl hhed lines Ind IlUSt have llIfR approval, Attol'lll1 Plcbortll
January 13, 1981
pointed out that tho Stato has ruled that, regardless of whether a
project Is approvod by tho DNR, local ordinances are recognized and, If
more restrictive than the State, they take precedence.
Mr, George Keller, Chairman of the Zoning Committee of t~e Colller
County Civic Association, suggested that the petition from an Indlvldual
on Marco tsland, previously referred to, Is to build a structure which,
supposedly, will prevent the Gulf from getting onto his property whlch,
In his opinion, is a selfish reason on the part of the property owner.
He said that actions to keep oceans away have not been too successful
end It was his suggestion that the beach be left the way It Is.
Chairman Pistor observed that If chere are people willing to create
ways to preserve the beaches and extend them by refurbishing them, and
the like, 1t would be to the advantage of the taxpayers to permit It.
Hrs. CharlottP Westman, resident of Marco Island and attending the
meeting as an observer for the League of Women Voters, read Into the
record a portion of the Fall 1980 Issue of "Rutgers Today" entitled
"Erosion Shrink1ng Jersey Shore". submitting a copy of the article for
the record. Mrs. Westman cited the example of erosion of the beach In
the vicinity of the Admiralty House condominium on,Marco Island which
has taken place in only one year. She sa1d that'when highrlse buildings
are constructed on the beach whatever dunes are in existence are levele1,
not I ng that such prac t I ce Is a key part to the' who 1 e problem of eros I on.
She concurred with the previous speaker that it would appear that the
proposed amendment is "perhaps a fortunate c01ncidence" with regard to a
petition which has been continued on the subject.
Attorney Pickworth addressed the Innuendos voiced about the reason
for the proposed amendment stating that the 1ndividuals suggesting the
change are the same as the Individuals who have a petition before the
Board. He said that most all laws get started In that manner and a
practice which he said he hopes Is never changed, Iddlng that "laws are
1 n response to a problem".
to.Ilssioner Wimer observed that no matter which experts are con-
sulttd there Is one basis on which they 111 agree and thlt Is that the
"best thlnt to do with the beach 11 to leave It alone". He polnttd out
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&BOK 058 PACE 488
January 13. 1981
that if there ls to be bultdlng, It should be done away from the belch IS
in the case of Pelican Bay, or constructlon placed on pilings as It
Barefoot Beach. He said tha the beach is not a static entity and that when
attempts are made to make It static the beach and the natural habitat Ire
destroyed. He referred to a racent proposal for placing rocks on the
beach, commenting that when a storm hits the rocks the sand Is washed away
and all that remains Is a pile of rocks whlch encourages erosion.
Following additional brief discussIon, the motIon was made by C0m-
missioner Wimer that the proposed ordinance amending the Coastal COn-
struction Setback Line Ordinance be rejected. The motion was seconded by
Commissioner Brown and carried 4/1 with Commissioner Kruse voting ln op-
pOSition.
RESOLUTION Bl-6 PROVIDING FOR DEEDING OF MARCO tSLANO HOSPtTAL StTE TO
NAPLES COMMUNITY HOSPITAL - ADOPTED
County Attorney Donald Pickworth advised the Board that the proposed
resolution is pursuant to Florida Statute allowing a governmental body to
deed land at nominal considerat10n to a nonprofit organization, noting that
In the particular case at hand, the ~rco tsland hospital site Is beln~
deeded to the Naples Community Hospital, tnc., a non-profit corporation.
For clar1ficatlon, A~torney Pickworth read Into the record pertinent
portions of the rosolutlon.
Commls~ioner Wimer moved, seconded by Commissioner Brown and unan-
Imously carrIed, that Resolution BI-6 providing for the deeding of the
Marco tsland hospital site to the Naples Community Hospital be adopted.
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January 13, 1981
ROUTINE BtLLS . ~UTIIORtZEO FOR PAYMENT
CommisSioner Wenzel moved, seconded by Commissioner Brown and
unanimously carried, that the bills, having been processed followlng
established procedure with funds available, be approved for payment.
as witnessed by the following checks Issued from January 7. 1981
through January 13, 19a1:
ACCOUNT
CHECK NOS.
3a49 - 4025
5252 - 5431
County Checks
CETA Payroll
RESOLUTION 81-7 ESTABLtSHING STATE DEPARTMENT OF ADMINtSTRATtON AS
A DEPOSITORY FOR FUNDS - ADOPTED
Fiscal OffIcer Harold Hall requested the Board to authorize adding
the Department of Administration at the State as one of the County's
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depositories so funds can be Invested In the State's Investment program,
Mr. Hall explained the advantages to the County 1,.~olved, follo..ing
which Comm1ssloner Wenzel moved, seconded by Commissioner Brown and
unanimously carr1ed, that Resolution Bl-7 authorizing the Investment of
surplus funds In the Local Government Surplus Funds Trust Fund be adopted.
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January 13, 1981
&OOK
058 PACE.(94:
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RESOLUTtON 8l.B REQUESTtNG CONTtNUED SUPPORT FOR TIlE CONSTRUCTtOH OF
tNTERSTATE 75 tN SOUTH FLORtDA - ADOPTED
Following Chairman Plstor's statement that a resolution has been
prepared requesting continued support for the construction of t-75 In
South Florida, Commissioner Brown moved for adoption of Resolution 81-8.
The motion was seconded by Commissioner Wimer. Chairman Plstor noted
that copies of the resolution will be forwarded to the appropriate mem-
bers of Congress, 1f adopted.
Commissioner Wenzel observed that he can see no need for the last
two sentences In the resolution: i.e. "pushing for the connection to
Alligator Alley." He suggested that the roadway will not be beneflclal
to the County If the h1g~ay Is not completed north of the County and
that he cannot vote for the adoption of the resolution unless the follow-
ing verbage Is removed from the last paragraph: "particularly to the
cnnnection with Alligator Alley and then to the Ft. Lauderdale terminus.,
Commissioner Wimer voiced his concern over having "all that traffic
from 1-75 dumped on our roads" instead of continuing on to the East
Coast.
Upon call for the question the motion carried 4/1 with Commlsslorer
Wenzel voting In opposition, that Resolution al.a requesting continued
supoort for the cons.ructlon of tnterstate 75 In South Florida be
adopted.
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&OOK 058 PACE496 ..
CHAtRMAH AUT110RtZED TO StGN CERTIFICATES FOR CORRECTtON TO nlE TAX
ROLLS
Commlssloner Wimer moved, seconded by Commlssloner Kruse and unan.
lmously carried, that the Chainman be authorized to sign the following
Cortlflcates for Correction to the various Tax Rollsl
TAX nOLL ~ QillQ.
1977 Tax Roll 428 7/23/80
1978 Tax Roll 575 7/23/80
1979 Tax Roll 605 7/23/80
1980 Tanqib1e Perso'nal Property 1980-31 1/6/81
1980-34 throuqh
1980-39 1/8/81
1980 Tax Roll 45 - 59 12/22/80
88 , 89 12/22/80
94 - 96 12/22/80
ljJ 12/29/80
71 , 72 12/30/80
91 , 92 12/31/80
101 1/3/81
97 - 100 1/5/81
102 1/5/81
119 1/5/81
121 1/5/al
123 - 127 1/5/81
103 - 110 1/6/81
112 - 118 1/6/81
120 1/6/81
128 , 129 1/6/81
138 1/6/81
131 - 137 1/7/81
139 - 142 1/7/81
177 , 178 1/7/81
111 1/8/81
128 1/8/81
144 - 149 1/8/81
151 - 160 1/8/81
168 - 171 1/8/81
173 1/8/81
175 , 176 1/8/81
182 1/8/81
161 - 167 1/9/81
172 1/9/81
174 1/9/81
179 -181 1/9/81
190 - 195 1/9/81
January 13, 1981
BOARD APPOINTS MRS. HARGtE HALL, tMMOKALEE. AS REGULAR MEMBER ON LtBRARY
ADVtSORY BOARD (FOUR-YEAR TERM ExPtRING 12/31/84)
Commissioner Brown moved, seconded by Commissioner Wimer and
unanlmously carrled, that Mrs. Margie Hall of Immokalee be appointed as
a Regular Member on the Library Advisory Board for a four-year explrlng
December 31, 19B4, pursuant to letter dated January a, 19a1 from MS. Jan
Parker, Vice-Chairman, LAB.
PREPARATION OF PLAQUE COMMENDtNG MEMBERS OF COLLIER COUNTY HOUSING
FINANCE AUTHORITY FOR THEIR EFFORTS. AUTHORIZED
Following Commissioner Wimer's expression of appreciation to the
County Attorney and to the members of the Collier County Housing fln~nce
Authority for the continuous hours spent recently to accomplish their
purpose, Commissioner Brown moved, seconded by Commissioner Wimer and
carried 4/1 with Commissioner Wenzel voting In opposition, that a plaque
be prepared to this effect on behalf of the Board.
LAKE TRAFFORD MEMORIAL GARDENS CEMETERY DEED '244 - ACCEPTED FOR THE
r.:r.ORD FOLLOWING :IECORDATlON
Pursuant to act10n of the Board January 10, 1978 wherein the
Chairman was authorized to sign various deeds to Lake Trafford Memorial
Gardens Cemetery lots as the need arises, the following Deed No. 244 was
filed for the record follow1ng recordation:
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