BCC Minutes 07/18/1978 R
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Naples, Florida, July IB, 197B
LET IT BE KNOWN, that the Board of County Commissioners in
and for tr~ County of Collie~, and a180 acting a8 the Governing
Board(s) of such special districts as have been created according
to law and having conducted business herein, met.on this date at
9:00 A.~i. in Regular Sp~sion in Building "F" of the Courthouse
Complex with the following members present.
CHAIRMAN: John A. Pistor.
VICE-CHAI~mN: David C. Brown
C. R. "RUBS" Wimer
Thomas P. Archer
Clifford Wenzel
ALSO PRESENT: William J. Reagan, Clerk, Harold L. Hall, Chief
Deputy Clerk/Fiscal Officer; Debbie Pantano and Jean Swindle (1:45
P.M.), Deputy Clerks; Donald A. Pickworth, County Attorney; C. William
Norman, County Manager; Irving Berzon, Utility Director; Clifford
Barksdale, Assistant County Engineerl Mary Morgan, Administrative Aide
to the Board; Dr. Neno Spagna, Director of Community Development;
Carl Clemmer, Zoning Director; and Deputy Chief Raymond Barnett;
Sheriff's Department.
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July 18, 1978
FINAL AGENnA APPROVED WITH ADDITIONS
Commissioner Wimer moved, Beconded by CommisBioner Wenzel, that
the final agenda be approved subject to the following Additions:
Per County Attornev's request, an item to be added under
"Old BusLleso" re c:.he Assistant County Attorney ('Qsition.
,
Per Commissioner Archer's request, an item to be added~
under "County Manager's Report" re Senate Bill 875.
Per Fiscal Officer's request, an item to bA added under
"Clerk's Report" requesting authorization for Chairman
and Fiscal Officer to sign tentative draft of official
statement re $5 million Bond IBsue.
The motion carried unanimously 5-0.
ORDINA:~CE 78- 31 RE PETITION R-7B-I-C BY COASTLAND SKATEBOARD, INC.,
REQUESTING REZONING FROM "RM-l" SINGLE AND MULTI-FAMILY TO "RO"
RFrRE~TION OPEN SPACE DISTRICT IN PART OF S27, T49S, R25E LOCATED
ON TilE SOUTH SIDE OF LUCKEY LANE ACROSS FROM BOWLING ALLEY - ADOPTED
Legal notice having been published ln the Naples Daily News
0n June 16, 1978 as evidenced by Affidavit of publication filed
with the Clerk, public hearing was opened to consider a proposed
ordinance re Petition R-78-l-C by Coastland Skateboard, Inc., re-
questing rezoning from "RM-l" Single and Multi-Family to "RO" Rec-
reation Open Space District in part of 527, T49S, R25E located on
the south sjde of Luckey Lane across from the bowling alley.
Dr. Neno Spagna, Dlrf'lctor of Conununity Development, referred
to the visual map to point out the location of the property in
question and commented the petitioner proposes to construct a
skateboard park. He stated the petition haB been reviewed by all
required County departments'which have approved said petition sub-
ject to certain stipulations set down by the Water Management Ad-
visory Board and the Engineering Department as follows:
1. Detailed site drainage plans be submitted and approved
by the County Engineering Department prior to the
issuance of a building permit.
2. Prior to beginning any construction activity the peti-
tioner shall submit his site plan for review by the
County Engineer for compatibility with the ne~ Luckey
Lane intersection with the realigned Goodlette Road
Extension. .
aileK 042 P.'.~: 437
BOOK 042 pl.~438
July 18, 1978
Dr. Spe;na stated the CAPC held their public hearing on June
15, 1978 and recommended approval of the petition with the follow-
ing stipulations.
l. The proposed lighting system shall be designed in such
a manner as to avoid any glare or nuisance to the sur-
roundin~ properLies.
2. The proposed powder puff hedges shall be planted along
the proposed chain link fence so they will form a con-
tinuous thick buffer area.
3. Should the outside park music and noise levels or the
hours of operation prove to cause any nuiBance or any
discomfort to the surrounding properties, then the CAPC
shall have the right to stipulate and enforce new hours
of operation or take whatever measures they feel ade-
quate to eliminate such problems.
Chairman Pistor noted a letter has been received from the Big
Cypress Nature Center objecting to the change in zoning.
Commissioner Wimer raised a question pertnining to the stipula-
tion regarding delegatin~ powers to the CApe tha~ should probably be
the responsibility of the Board of County Commissioners or the Sher-
iff's Department.
County Attorney Pickworth commented that the CAPC or the Board
has the authority to determine what constitutes a nuisance, going
by the ordinance on record, and in that way would be able to enforce
new hours of operation, for example.
Chairman Pistor questioned the safety factor of ingress and
egress of the proposed skateboard park regarding future plans for
4-laning the surrounding road.
Mr. Shelby Hatley, Coastland Skateboard Inc., stated he agrees
with all of the stipulations set down by County agencies. He com-
mented it is in the interest of the Company to make sure the park will
not creh~e a nuisance and will not detract from the community.
Mr. Duane Julian, Big Cypress Nature Center, stressed that the
Board should strictly adhere to the stipulations set down by the
CAPC and other agencies if they approve the petition.
Th~re being no other persons registered to speak, Commissioner
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July 18, 1978
Archer moved, seconded by Commissioner Wimer, that the public hear-
ing be cl~sed. Motion carrJed unanimously 5-0.
Commissioner Wimer moved, seconded by Commissioner Archer,
that the ordinance as numbered and titled below ~e Petition R-78-l-C
by Coastland Skateboar", Inc., requesting rezoninq from "RM-l"
. Single and MUlti-Family to "RO" Recreation Open Space Distrtct in
part of S27, T49S, R25E located on the south side of Luckey Lane
across from the bowling alley be adopted and entered into Ordinance
Book *8. Motion carried unanimously 5-0.
ORDINANCE NO. 78-_~
AN ORDINANCE MlENDING ORDINf,NCE 76-30, THE
COMPREHENSIVE ZONWG REGULATIONS FOR TilE
UNINCORPORATED AREA OF THE COASTAL AREA
PLANNING DISTRICT, BY AMENDING THE OFFICIAL
ZONING ATLAS NAP mr..IBER 49-25-5 BY REZONING
THE FOLLOWING DESCRIBED REAL PROPERTY FROM
"RM-l" RESIDENTIAL SINGLE AND MULTI-FAMILY,
TO "RO" RECREATION OPEN-SPACEz ALL OF THAT
PART OF THE EAST 338.34 FEET OF THE WEST
983.34 FEET OF THE SOUTHEAST 1/4 OF SECTION
27, TOWNSHIP 49, R&~GE 2S EAST, COLLIER
COUNTY, FLORIDA, AS LIES WITHIN ALL OF LOT
7, NAPLES IMPROVE~~T COMPANY'S LITTLE FARMS,
ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 2, PAG! 2, PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA; SUBJECT TO AN INGRESS
AND EGRESS EASE~IENT OVER THE NORTHERLY 30
FEET AND SUBJECT TO EASEMENTS, RESTRICTIONS,
AND RESERVATIONS OF RECORD; BEING LOCATED ON
THE SOUTH SIDE OF LOCKEY LANE OPPOSITE THE
NEW Bm'lLING ALLEY AND BY PROVIDING AN EFFECTIVE
DATE
RESOLUTION 78-108 RE PETITION PU-78-S-C BY COASTLAND SKATEBOARD, INC.,
REQUESTING PROVISIONAL USE ClS) FOR A SKATE~OARD PARK ON PROPERTY
LOCATED IN S27, T49S, R25E WHICH IS LOCATED ON LUCKEY LANE SOUTH OF
7HE BOWLING ALLEY - ADOPTED WITH STIPULATIONS. PETITIONER'S ACREE-
MENT TO STIPULATIONS ACCEPTED
Dr. Neno Spagna, Director of Community Development, stated
Petition PU-78-S-C is the companion item to the previous rezoning
ordinance just adopted by the Board. Coastland Skateboard, Inc.
is requesting Provisional Use ClS) of "RO" District to construct
skateboard park on property located south on Luckey Lane south of
MDK 042 p.:.:= 439
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BO()1; 042 ri.~~ 4,(0
July 18, 1978
the new bowling alley, he said.
Mr. 3helby Hatley, Coa~tland Skateboard Inc., stated that the
age limit for use of the park will be seven years and older and that
anyone using said park will be required to wear safety helmets, knee
pad~, elbow pads, etc ,
Mr. Carl Clemmer, Zoning Director, assured the Board that in the
event the skateboard park closed down in the future, the Board would
have the power to approve or disapprove any other Provisional Use
that may be requested.
Dr. Spagna noted this petition has the same stipulations rec-
ommended by the various review boards as its companion item.
Commissioner Wimer moved, seconded by Commissioner Archer, that
:.esolution 78-l0B re Petition PU-78-5-C by Coastland Skateboard, Inc.,
requesting Provisional Use ClS) for a Bkateboard park on property
located in S27, T49S, R25E located on Luckey Lane South of the new
bowling alley be adopted with the stipulationB aB recommended by the
CAPC, the Engineering Department, and the Water Management Advisory
Board and that the petitioner's agreement to Btipulations be accepted.
Motion carried 4-1, Commissioner Wenzel diBsenting.
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bJDK 042 Ph:: 44.4
July 19 t 1'978
ORDINANCE 78-32 RE PETITION R-7A-8-C BY LANDMARK MANAGEMENT
REQUESTING REZONING FROM "A" AGRICU LTURE' TO "MHRP" HOBILE HOME
RENTAL PARK IN THE NW~ OF 515, T4BS, R25E LOCATED IMMEDIATELY
NORTH OF CARIBBEAN 110BILE HOME PARK - ADOPTED
Legal notice having been published in the Naples Daily News
on June 16, 1978 as evidenced by Affidavit of Publication filed
with the Clerk, public hearing was opened to consider a proposed
ordinance re Petition R-78-8-C by Landmark Management requesting
n>7.oning from "A" Agriculture to "HHRP" Hobile Home Rental Park
in the NW~ of S15, T48S, R25E located immediately north of
Caribbe..m Mobile Home Park.
Dr. Neno Spagna, Director of Community Development, referred
to the visual map and pointed out the property in question. He
stated the petitioner is requesting a rezoning to construct a mo-
bile home park of 142 units on approximately 23.9 acres. Dr. Spagna
noted the CAPe reviewed the petition as well as the other required
County review boards, all of which recommend approval subject to
the following stipulations:
1. Subject to the installation of fire hydrants.
2. Surface water management design for the area be coor-
dinated with water management plans being developed
for the property to the north.
3. Final plans for water management be returned for revie~1
and approval by the WMAB prior to the issuance of a
building permit.
4. Prior to the issuance of any county permits, the devel-
oper shall sublllit a fully detailed site and development
plan for review and approval.
5. That the proposed package treatment plan shall be aban-
doned at such time as the North Naples sewer district
connection becomes available to 8ubject property.
6. The owner will apply for tree removal permits for any
\ protected trees.
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Dr. Spagna advised the petitioner haB agreed to all of the stip-
ulations.
Mr. Ray Miller, of Wilson, Miller, Barton, Soll, & Peek, in
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July lB, 197B
response to an inquiry by Commissioner Wimer, Btated that the access
to the 9roperty as outlined on the map is the best access to the
proposed mobile hom~ park.
Mr. Clark Nichols, ropresenting the petitioner, stressed that
the existing Caribbean Park located next to the property in question
is also owned by the petitioner who haB a, good "track record" as far
as mobile home parks.
Mr. Irving Berzon, Utility Director, requested the phrase "in
full compliance with subdivisions regulations" be added to stipula-
tion 8l concerning fire hydrants.
There being no other persons re9istored to speak on the matter,
Commissioner Wimer moved, seconded by Commissioner Archer, that the
public hearing be closed. Motion carried unanimously 5-0.
Commissioner Wimer moved, seconded by Commissioner Brown, that
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the ordinance as numbered and titled below re Petition R-78-B-C by
Landmark Management requesting rezonin9 for "A" Agriculture to "MHRP'
Mobile 110me Rental Park in the NW~ of SlS, T4BS, R25E located immedi-
ately north of Caribbean Mobile Home Park bA adopted and entered intc
Ordinance Book *8. Motion carried 4-1, Commissioner Wenzel dissentin
ORDINANCE NO. 78- 32
AN ORDINANCE ~~NDING ORDINANCE 76-30, THE
COMPREHENSIVE ZO~I~G REGULA~IONS FOR THE
UNINCORPORATED AREA OF THE COASTAL AREA
PLANNING DISTRICT BY AMENDING THE OFFICIAL
ZONING ATLAS MAP Nu~mER 48-25-5 BY REZONING
THE FOLLOWING DESCRIBED REAL PROPERTY FROM
"A" AGRICULTURE TO "MHRP" MOBILE HOME REN'fAL
PARK: SOUTH 1/2 OF THE NORTHWEST l/4 LYING
EAST OF THE TANIANI TRAIL, LESS 881.8 FEET
THEREOF IN SECTION lS, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, 'fflICH IS :LOCATED ABUTTING
CARIBBEAN MOBILE HO~m PARK AND PROVIDING AN
EFFECTIVE DATE
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B~OK 042 Pf.~: 445
B30K 042 "..~: 446
July 18.1r.197B' .
RESOLUTION 78-109 RE PETITION PU-78-8-C BY LAND~mRK MANAGEMENT, INC.,
REQUESTING PROVISIONAL USE (5) OF THE MHRP DISTRICT FOR MOBILE HOME
SALES IN CONJUNCTION WITH A RENTAL PARK FOR PROPERTY LOCATED IN 515,
T48S, R25E - ADOPTED WITH STIPULATIONS. PETITIONER'S AGREEMENT TO
STIPUL~T10NS ACCEPTED.
Dr. Neno SpHgna, Director of Community Development, advised
Petition PU-7R-8C is the companion item for the rezoning ordinance
the Board has just ad\.,pted for Landmark Management. He stated the
petitioner wishes to use a portion of the mobile home park for the
sale of mobile homes, Provisional Use (5) of the "MHRP" District
which the property is zoned. Dr. Spagna noted that this petition
is subject to the same stipulationB as itB companion item.
Commissioner Wimer moved, seconded by Commissioner Brown, that
Resolution ?8-l09 re Petition PU-7C-9-C by Landmark Management, Inc.,
requesting Provisional Use (5) of the "MHRP" District for mobile home
sales in conjunction with a rental park for property located in 815,
T48S, R25E be adopted with the stipulations set down by the CAPC and
that the petitioner's agreement to stipulations be accepted. Motion
carried 4-1 with Commissioner Archer dissenting.
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~~D~ 042 Ph:, 450
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July 18,' 1978
ORDINANCE 78-33 RE PETITION R-78-9-C BY JOHN OCCHUZZIO REQUESTING
REZONING FROM "A" AGRICULTURE TO "MHRP" MOBILE HOME RENTAL PARK
IN PART OF S15, T48S, R25E LOCATED APPROXIMATELY 450' NORTH OF
CARIBBE1..~ f>lOBILE HOME PARK - ADOPTED. PETITIONER'S AGREEMENT TO
STIPUL~TIONS ACCEPTED.
Legal notice having been published in the Naples Daily News
on June l6, 1978 as evidenced by Affidavit of Publication filed
with the Clerk, public hearing was opened to consider Petition
R-78-9-C by John Occhuzzio requesting rezoning from "A" Agricul-
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ture to "MIIRP" Mobile Homo Rental Park in part of 815, T48S, R25E
located approximately 450' north or Caribbean Mobile Home Park.
Dr. Neno Spagna, Director of Community Development, referred
to the map to locate the property in question. He stated the peti-
tioner is requesting rezoning to construct a mobile home rental
park of 162 units on 31.5 acres. Dr. Spagna noted the CAPC has
recommended approval of this petition with tho fOllowing stipula-
tions:
1. Subject to the installation of fire hydrants (in com-
pliunce with subdivision regulations).
2. Surface water management design for the area be coor-
dinated with water management plans being developed
for the property to the South.
3. That final plans for water management be returned for
review and approval by the WMAB prior to the-issuance
of a building permit.
4. Prior to the issuance of ant local permits, the developer
shall submit a fully detailed site and development plan
for review and approval.
5. The proposed package treatment plan will be abandoned
at such time as the North Naples Sewer System becomes
available for the subject property to connect to.
6. The owner will apply for tree removal permits for any
protected trees.
~br. Spagna stated the petitioner has agreed to the stipu-
lations.
Mr. Dan Monaco, Attorney for the petitioner, and Ms. Geeke
L0ssing, Tri County Engineerin~were present for questions from the
July IB, 1978
Board.
There being no persons registered to Bpeak on the matter,
Commissioner Wimer moved, seconded by Commissioner Brown and
carried unanimously S-O, that the public hearing be closed.
Commissioner Wimer moved, ..conded by Commi.Bioner Brown,
that the ordinance as numbered and titled below re Petition
R-78-9-C by John Occhuzzio requeBting rezoning from "A" Agricul-
ture to "MHRP" Mobile Home Rental Park in part of S15, T4BS, R25E
located approximately 450' north of Caribbean Mobile Home Park be
adopted and entered into Ordinanc~ Book 'B and that the petitioner's
agreement to stipulations be accepted. Motion carried 4-1,
Commissioner Wenzel dissenting.
ORDI-NANCE NO. 78- 33
AN ORDINANCE MtENDING ORDINANCE 76-30 THE
COMPREHENSIVE ZONING REGULA'TION S, FOR THli: '
UNINCORPORATED AREA OF THE COASTAL AREA
PLANNING DISTRICT BY AMENDING THE OFFICIAL
ZONING ATLAS MAP, NUMBER 48-25-5 BY REZONING
THE FOLLOWING DESCRIBED REAL PROPERTY FROM
"A" AGRICULTURAL TO "MHRP" MOBILE HOME
RENTAL PARK: THAT PORTION OP THE SOUTH 1/2
OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF
SECTION lS, TO~iNSHIP 48 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA, LYING
EAST OF STATE ROAD 8-887, walCH IS LOCATED
450' NORTH OF CARIBBEAN MOBILE HOr-tE PARK,
AND PROVIDING AN EFFECTIVE DATE
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July 18, 1978
ORDINANCE 78-34 RE PETITION R-7B-6-C BY JAM~. t. JENTGEN REQUESTING
REZONING ?R0l1 "A" AGRICULTUIU': TO "RS-l" SINGLE FAMILY IN PART OF
515, T51S, R26E WHlCH IS LOCATED ON THE EAST SIDE OF ISLES OF CAPRI
ROAD ABOUT 1 l/4 MILES SOUTH OF GULF WINDS APARTMENTS - ADOPTED.
FETITIONER'S AGREEMENT TO STIPULATIONS ACCEPTED.
Legal notice having been p'lblished in the Naples Star on June
l6, 1978 as evidenced by Affidav~t of Publication filed with the
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Clerk, public hearing was opened to consider Petition R-78-6-C by
James L. Jentgen requesting rezoning from "A" Agriculture to "RS-l"
Single Family in part of Sl5, T5lS, R26E located on the east side
of Isles of Capri Road about 1-1/4 miles south of Gulf Winds ~part-
ments.
Dr. Neno Spagna, Director of Community Development, stated the
petitioner wishes to develop a sinqle family subdivision of 77 units
on lOl. 7 acres. He further stated the CAPC haB recommended approval
of this petition subject to stipulations.
~ir. Ray Miller, of Wilson, Miller, Barton, Soll & Peek, stated
there is an easement along the south line of the property which will
serve as an access to the property. He further stated that all of
the houses will be constructed on stilts. Mr. Miller refer:ea to
one of the stipulations concerning water supply and noted that the
area in question is not really suitable for individual wells and will
probably have to rely on reverse osmosiB plants in the event the Isle
of Capri watel- works is not sufficient to supply t!1e property.
The~e being no other persons register~d to speak on the matter,
Commissioner Wenzel moved, seconded by Commissioner BrowlI, that the
public hearing be closed. Motion carried unanimously 5-0.
Commissioner Wenzel moved, seconded by Commissioner Archer,
that the ordinance as numbered and titled below re Petition R-78-6-C
by James L. Jentgen requestinq rezoning from "An Agriculture to
"RS-l" Single Family in part of S15, T51S, R26E located on the east
side of Isles of Capri Road about 1-1/4 miles south of Gulf Winds
Apartments be adopted and entered into Ordinance Book ~8 and that
the petitioner's agreement to stipulations of the CApe be accepted.
Motion carried unanimously 5-0.
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B~CK 042 n.:: 453
BOOK 042 Pi:: 456
July l~;; 1978
PETITION SMP-78-3-C BY JAMES L. JENTGEN REQUESTING SUBDIVISION
MASTER PLAN APPROVAL FOR LAND LOCATED IN Sl5, T5lS, R26E LOCATED
ON TilE EAST SIDE OF ISLES OF CAPRI ROAD ABOUT 1 1/4 MILES SOUTH
OF GULF WINDS APARTMENTS - APPROVED WITH STIPULATIONS.
Legal notice having been published in the Naples Star on June
JO, 1978 as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider Petition SMP-78-3-C
by James L. Jentgen requesting Subdivision Master Plan Approval for
land located in Sl5, T51S, R26E located on the east side of Isles of
Capri Road about 1-1/4 miles south of Gulf Winds Apartments.
Dr. Neno Spagna, Director of Community Development, stated the
petitioner is requesting Subdivision Master Plan approval for a sin-
gle family subdivision of 77 lots for approximately 100 acres of land.
He further stated the CAPC has reviewed this petition and recommended
thp.ir approval subject to the following stipulations:
1. No sidewalks will be included in the project.
2. The concept of this project is such that the total
building lot area will not be filled to 5.5 minimum
elev~tion. Fill will occur only in the specific sit-
ing location of the dwelling as selected by lot pur-
chasers.
3. The proposed l~ke is ~cceptable provided that there
be a 55 foot setback from the south edge of the prop-
erty line in lieu of the 250 foot requirement due
to the fact that the same will be fenced.
Mr. Ray Hiller, of Wilson, Miller, Barton, Soll & Peek, stated
the proposed lakes are scheduled to be a maximum of 8' and there is
a cypress head on the property.
Chairman Pisto~ noted an additional stipulation that if the pro-
ject does not tie into the Isle of Capri Water System and another
water supply must be made available, then the Master Plan must be
reviewed again by the Subdivision Committee prior to site altera-
tion or construction.
Dr. Spagna noted the water and sewer lines will be dedicated to
the County.
There being no other persons registered to speak on the matter,
Commissioner Archer moved, seconded by Commissioner Wenzel, that the
public hearing be closed. Motion carried unanimously 5-0.
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July lB, 1978
Commissioner Archer moved, seconded by Commissioner Wenzel,
that Pet~tion SMP-7B-J-C by James L. Jentgen requesting Subdivi-
sion Master Plan Approval for land located in S15, TSlS, R26E loc-
ated on the east side of Isles of Capri Road about 1 l/4 miles
south of Gulf Winds A~artments be approved with the 8tipulations
previously mentioned. Notion carried unanimously 5-0.
ORDINANCE 7B-35 RE PETITION R-78-S-C BY ROGER CARVALLO REQUESTING
REZONING FROM "RM_l" SINGLE AND MULTI-FAMILY '1'0 "RM-2" MULTI-FAMILY
ON A PARCEL OF LAND LYING IN PART OF THE NW 1/4 OF THE SW l/4 OF
S12, T50S, R25E WHICH LIES JUST NORTH OF THE EAST NAPLES FIRE DEPART-
MENT - ADOPTED. PETITIONER'S AGREEMENT TO STIPULATIONS ACCEP~ED
Legal notice having been published in the Naples Daily News on
June l6, 1978 as evidenced Ly Affidavit of Publication filed with
the Clerk, public hearing was opened to consider a proposed ordin-
ance re Petition R-78-5-C by Roger Carvallo requesting rezoning
from "RM-1" Single and Multi-Family to "RM-2" Multi-Family on a
parcel of land lying in part of the NW 1/4 of the SW l/4 of S12,
TSOS, R2SE which lies just north of the East Naples Fire Department.
Dr. Neno Spagna, Director of Community Development, referred to
the map to point out the location of the property in question. He
stated the petitioner wishes to have said property rezoned to allow
17 units to be constructed. Or. Spagna noted t~e Planning Staff is
recommending denial of this petition for the following reasons:
1. The RM-2 zoning is not compatible with th~ surrounding
uses.
2. The RM-2 zoning classification is not the highest and
best use of the property.
J. The applicant has not justified the need for increasing
the density which will result from zoning the property
RM-2.
He further stated that the CAPC has reviewed this petition and
is recommending approval subject to the following stipulations:
l. Requires public water and public sewer approval from the
Utility Director.
2. Fire hydrants should be installed in amounts and location
approved by the East Naples Fire Department prior to occu-
pancy.
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042 Pi.:: 457
DJOK 0.42 pj.~: 458
July l~~ 1978
3. ^ detailed site drainage plan be submitted and approved
by the County Engjneering Department prior to the begin-
ning of any work on this site.
Dr. Spagna noted the petitioner has agreed to all of the stipulu-
tions.
Mr. James H. White, representing the petitioner, stated the rea-
son for the request for a zoning change is to allow ~he construction
of an additional six units on the propp.rty as he foels it will be
economically feasiblo.
Dr. Spagna commented the Planning staff would prefer to have the
property rezoned "Commercial" as that is what all of the surr0unding
properties are zoned.
There being no other persons registerud to speak on the matter,
Commissioner Wimer moved, seconded by Commissioner Archer, that the
public hearing be closed. Motion carried unanimously 5-0.
Commissioner Wimer moved, seconded by Commissioner Archer, that
the ordinance as numbered and titled below re Petition R-78-5-C by
Roger Carvallo requesting rezoning from "RM-l" to "RM-2" Multi-Family
on a parcel of land lying in part of the NW l/4 of the SW 1/4 of S12,
T50S, R25E which lies just north of the East Naples Fire Deparcment
be adopted and entered into Ordinance Book 18 and that the petitioner'!
agreement to stipulations be accepted. Motion carried unanimously
5-0.
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July 18, 1978
RONALD DILLON APPOINTED AS ASSISTANT COUNTY ATTORNEY AT ANNUAL
SALARY OF $18,000
County Attorney Donald Pickworth requested approval of the
appointment of Ronald Dillon as Assistant County Attorney. Mr.
Pickworth noted the salary will be $18,000 per year, the Bame as
the previous Assistant County Attorney.
Commissioner Wimer moved, seconded by Commissioner Brown,
that Ronald Dillion be approved as the new Assistant County Attor-
ney at an annual salary of $lB,OOO. Motion carried unanimously
5-0.
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Recess: 10:15 A.M. until 10:25 A.M.
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ORDIN~NCE 78-36 RE SCHOOL IMPACT FEE - ADOPTED CONTINGENT UPON THE
FINALIZATION OF AN INTER-LOCAL AGREEMENT WITH COLLIER COUNTY AND
TilE MUNICIPALITIES WITHIN COLLIER COUNTY
Legal notice having been published in the Naples Daily News on
June 21, 1978, public hearing was opened to consider a proposed or-
dinance re the School Impact Fee.
Chairman Pistor stated that a Workshop Session was held the
day before (Monday, July l7, 1978) at which time a few changes have
been made in the proposed ordinance.
Commissioner Archer noted that one of the changes relates to
the fact that the fee may be paid as late as the time a Certifi~ate
of Occupancy is issued instead of when a Building Permit is issued.
Dr. Jim McGee, School Planning Director, advised that another
proposed change is that the computation for the impact fee will be
determined County-wide and amountB to $3l5 per dwelling unit instead
of the original plan of "area impact fees."
Chajrm~n Pistor noted that the service area radius description
has been more clearly defined as "the entire geographical boundary
of Collier County, Florida."
Mr. Richard C. Fallon, Vice-Chairman of the School Board, noted
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the School District has repeatedly demonstrated the need for projected
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July l8;: 1978
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funds for the construction of new schools as many of the present
schools are to the point of over-crowding. Mr. Fallon stated he
feels the impact fen concep~ would help to more efficiently admin-
ister and apply the funds in the most rapid-growth areas. He com-
mented that the concept is inflationary but not as much as the in-
crease in real estate lees, for example. Mr. Fallon commented that
a bond referendum would be voted upon by current residents and not
those creating the impact in the future and feels using a bond ref-
erendum would make the construction of additional schools more ex-
pensive; additionally, current evidence shows the residents would
not be in favor of a bond referendum. The alternative of "dOUble
session" would most likely bring on complaints from parents that their
children are either waiting for buses in the dark or arriving home
after dark, te said. Referring to the legality of the proposed or-
dinance, Mr. Fallon stated similar documents have been filed in
Florida with no problems. In summary, Mr. Fallon stated the pro-
posed impact iee ordinance is the most reliable method for the School
District to acquire additional funds.
The following people spoke in opposition to the proposed ~rdin-
ance:
Bill Shearston, Contractor's Association of Collier County
Robert C. Moss, President, Chamber of Commdrcn
Jim Smith, Naples Area Board of ~ealtors
Frank L. Rich, himself
BUl Schreck, President, Contractor's Association of Collier
County
Bruce Frankel, Five County Builder's & Contractor's Assoc.
George T. Derby, himself
Merlyn Almack, himself
Mr. Mike Zewalk, North Naples Civic Association, and Lloyd Sarty
were in favor of the proposed ordinance to the effect that let
"growth pay for growth" and do not want current residents to be
affected by the impact fee.
Mr. Ken Etterman, Collier County Education Association, spoke
in favor of the ordinance.
Dr. !-lcGee thanked all of the speakers for their comments and
stressed that the ordinance states that all funds collected by the
impact fee will be used for the construction of new schools and the
only factor that would increase the fee would be increased costs of
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July 18, 1978
construction.
Dr. '1cGee, using D. sli"e presentation, explained how the
figure of $315 per dwelling unit was figured. The ratio is based
on the total number of dwelling units to the total number of pupils
currently enrolled, h~ said, and made into a district-wide average
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There being no other persons registered to Bpeak on t.he
matter, Commissioner Wenzel moved, seconded by Commissioner Brown,
that the public hearing be closed. Motion carried unanimously 5-0.
Commissioner Wimer commented the main reason for the need of
an impact fee is due to the higher costs of construction. He stressed
that none of the alternatives suggested are acceptable to him and
~hat his main concern is to keep the taxes aB low as possible for
everyone.
Commissioner Wimer moved, seconded by Commissioner Wenzel, that
the ordinance re the School Impact Fee be adopted.
Per request by Chairman Pistor, Commissioner Wimer amended his
motion to read "contingent upon the finalization of an inter-local
agreement between Collier County and the municipalities within
Collier County, Commi.ssioner Wenzel sconded the amended motion.
County Attorney Pickworth advis~d that the change should be
made in Section ll--Effective Date to read "this ordinance shall
take effect upon signature by the County and all the municipalities
in the County of an inter-local agreement whereby each governmental
unit will collect said fees as provided in this ordinance."
Upon call for the question by roll call vote, the motion
carried 3-2, Commissioners Archer and Brown di8s~nting. Whereupon,
the ordinance as numbered and titled below was adopted and entered
in Ordinance Book'S.
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July 18, 1978-:-
ORDINANCE NO. 78-~
AN ORDINANCE REQUIRING TilE PAYNENT OF AN EDUCATIONAL
IMl'ACT FEE FOR TilE PURCHASE OF LAND FOR SCHOOL CON-
STRUCTION AND EQUIPMENT OF NEW SCHOOL FACILITIES WHICH
FEE IS TO HE PAID AS A CONDITION PRECEDENT TO TIlE
ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR NEW RESI-
DENTIAL CONSTRUCTION; PROVIDING LEGISLATIVE FINDINGS;
PROVIDLNG LEGISLATI~E INTENTj PROVIDING OBJECTIVFSj
PROVIDING RULES OF CONSTRUCTIONj PROVIDING DEFINITIONS;
PROVIDING STANDARDS AND FORHULA FOR DETERMINING THE
AMOUNT OF FEE TO BE PAIDj PROVIDING EXCEPTIONS: PRO-
VIDING FOR LIMITATIONS ON AND EAR}~RKING OF EXPENDI-
TURES OF MONIES; PROVIDING FOR LIBERAL CONSTRUCTION,
SEVERABILITY OF INVALID PROVISIONS AND PENALTY CLAUSES:
PROVIDING FOR AN EFFECTIVE DATE.
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RECESS: 12:20 P.~t. until 1:45 P.M. at which time Deputy Clerk
Pa~~ano was replaced by Deputy Clerk Swindle
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~REATrON OF THE SPERLING COURT ROAD IMPROVEMENT DISTRICT _ DENIED
Legal notice having been published in the NapleB Daily News on
June 27, 1978 as evidenced by Affidavit of Publication filed with
th~ Clerk, public hearing was held to consider the creation of the
Sperling Court Road Improvement District. Assistant County Engineer
Barksdale, in presenting the request, stated the Board of County
Commissioners had, on March l4, 1978, accepted the Bigned petition
from 60% of the Sperling Court property owners and had authorized,
at that time, a cost study be made. He said that the construction
costs for the improvements are estimated at $lO,OOO; resulting in a
$10 per front foot assessment and are based on a one-time basis only.
The roadway is a twenty foot wide street and will require the paving
of an eighteen foot surface within the roadway; the assessment will
be paid by the prop~rty owners on the south side of the roadway only
(as they are the benefiting parties) and because of the limited right-
of-way Conly 20 feet) the finished road will not be acceptable for
future county maintenance.
Commissioner Wimer inquired into the "unacceptance" of the sub-
ject road; the legality of using county construction forces; and the
definition of the words, "upon proper request", as used in the coun-
ty's Road POlicy. Mr. Barksdale explained that the owners had not
been approached on the question of dedicating the private road's
rightS-Of-way to the County which, no doubt, could be done if more
time were given to the project as a whole. In turn, this would
qualify the road to, at 1east, one point of the county's ROad Policy
for maintenance.
There being no other persons registered to speak, Commissioner
Archer moved, seconded by Commissioner Wimer and carried unanimously,
that the public hearing be closed.
Chairman Pistor requested Mr. BarkSdale, Mr. Norman and staff
review the procedures as they relate to this request, Sperling Court
Road, and to the following request, Smugglers Cove Road, and come
back before the Board with their recommendation for a solution to the
problem.
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July lB', 'l978
Commissioner Archer moved, seconded by Commissioner Wimer and
carried unanimously, that the request for the creation of. Sperling
Court Road Improvement District be denied.
CRE~TtON OF THE SMUGGLERS COVE ROAD IMPROVEMENT DISTRICT - DENIED
Legal notice having been published in the Naples Daily News on
.June 27, 1978 as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was h~ld to consider the creation of the Sperling
Court Road Improvement District. As this roadway is similiar in every
respect to Sperling Court Roa~ including the restrictions enumerated
in that public hearing, and as there were no persons registered to
speak, Commissioner Wenzel moved, seconded by Commissioner Wimer and
carried unanimously to close the public hearing.
Commissioner Archer moved, seconded by Commissioner Wimer and
carried unanimously, to deny the request for the creation of Smugglers
Cove Road Improvement District.
RESOLUTION NO. 78-l10 RE PETITION CCSL-78-4-C BY JOSEPH R. LOCKER, JR.
REQUESTING A VARIANCE IN THE COASTAL CONSTRUCTION SETBACK LINE FOR THE
PURPOSE OF CONSTRUCTING A MULTI-FAMILY STRUCTURE ON LOTS 21 AND 22,
BLOCK A, CONNOR'S VANDERBILT BEACH ESTATES, UNIT 1- ADOPTED
Legal notice having been published in the Naples Star on June
30, 1978 as evidenced by Affidavit of Publication filed with the Clerk,
public hearing was hpld to consider Pet~tion CCSL-78-4-C by Joseph R.
Locker, Jr. requesting a vuriance In the Coastal Construction Setback
Line for the purpose of constructing a multi-family structure on Lots
21 and 22, Block A, Connor's Vanderbilt Beach Estates, Unit 1 and more
generally known as the property located on the west side of Gulf Shore
Drive approxim~tely 600 feet south of LaPlaya Inn and about l,400 feet
north of Vanderbilt Beach Drive.
Dr. Neno Spagna, Community Development Administrator, presented
the request and stated the granting of the variance will permit the
reasonable use of the premises which would otherwise be unduly re-
stricted; because of the configuration and size of the plotted gulf
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July l8, 1978
front lots in Connor's Vanderbilt Beach EstateB, it iB extremely dif-
ficult to p~operly utilize the land and adhere to the present coastal
construction setback line and the requested variance will not permit
the construction of any structures to extend Beaward beyond the coast-
al construction setback line eBtablished by exi.ting Btructures or by
structures which will be built according to conditions of praviously
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approved variances from the coastal conBtruction setback line. He
said the petition had been reviewed by the Planning Staff and approval
of the request was recommended.
There being no persons registered to .peak, Commissioner Wenzel
moved seconded by Commissioner Brown and carried unanimously, that the
public hearing be closed.
Commissioner Archer moved, seconded by CommisBioner Wimer and
carried unanimously, to adopt Resolution No. 78-110, approving the
variance as requested in Petition CCSL-78-4-C by Joseph R. Locker, Jr.
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July l8, 1978
RESOLUTION 78-ll1 RE PETITION CCSL-78-5-C BY JOSEPH R. LOCKER, JR.,
REQUESTING A VARIANCE IN THE COASTAL CONSTRUCTION SETBACK LINE FOR
THE PURPOSE OF CONSTRUCTING A t-IULTI-FAMILY STRUCTURE ON LOTS IX & X,
BLOCK A, CONNOR'S VANDERBILT BEACH ESTATES, UNIT 1 - ADOPTED
Legal notice having been published in. the Naples Star on June
30, 1978 as evidenced by Affidavit of Publioation filed with the Clark,
public hearing was held to consider the Petition CCSL-78-5-C by Joseph
,
R. Locker, Jr. requesting a variance in the Coastal ConBtru6tion Set-
back Line for the purpose of construoting a multi-family structure on
Lots IX and X, Block A, Connor's Vanderbilt Beach Estates, Unit 1 and
more generally known as that property located 1,000 feet north of
Vanderbilt Beach Road.
Dr. Neno Spagna, Community Development Administrator, stated
this request was similiar in everyway to the previouB petition request-
ed by Mr. Locker and that the staff recommends approval, as in Peti-
tion CCSL-78-4-C.
There being no persons registered to speak, Commissioner Wenzel
moved, seconded by Commissioner Wimer and carried unanimously, that
the public hearing be closed.
Commissioner Archer moved, seconded by Commissioner Brow:. hnd
carried unanimously, to adopt Resolution No. 78-111, approving the
variance as requested in Petition CCSL-78-5-C by Joseph R. Locker, Jr.
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July l8, 1978
PETITION V-78-19-C BY JOSEPH R. LOCKER, JR., REQUESTING A SIDE YARD
SETBACK VARIANCE IN ORDER TO COXSTRUCT A CONDOMINIUM ON LOTS IX AND
X, BLOCK A, VANDERBILT BEACH ESTATES, UNIT 1 - DENIED
Legal notice having been published in the Naples Star on June 30,
1978 as evidenced by Affidavit of Publioation filed with th~"Clerk,
public hearing was held to consider Petition V-78-19-C by Joseph R.
Locker, Jr., requesting a side yard Betback variance in order to con-
struct a condominium on Lots IX and X, Block A, Connor's Vanderbilt
Beach F.s~ates, Unit 1.
Mr. Carl Clemmer, Zoning Director, presented the request, stat-
ing the subject property is two lots, 200' x 285' or l.3 acres and,
by :rdinance, petitioner is allowed to construct 20 units to the acre.
~Ir. Clemmer said the request is for a side yard setback variance from
22.8 feet to 20.5 feet for both side yards, explaining that in this area
the beachfront and bayfront lots were originally platted and marketed
for multiple family and transient facilities but when the "RT" zoning
was applied and the Coastal Construction Setback Line was adopted, the
remaining area was reduced, making this type of development very dif-
ficult without variance reliGf. He sUggested there have been other
variances approved in this area of the county and, if this project is
approved, there will be only about 20\ of the subject property vacant
Mr. Clemmer stated the staff recommends approval of this variance as
they feel by granting the two foot variance to permit the seventy foot
buildings to be constructed will be in harmony with the surrounding area
and with the ordinance.
Chairman Pistor spoke of a letter, dated July 17, 1978, from the
Vanderbilt Beach Property Owners Association which voiced opposition
to the granting of the variance. Mr. Michael Moore, representing the
VaYlderbilt Beach Property Association, repeated the desires of the
association, saying they want to maintain as much space between build-
ings as possible and pointing out that the present side yard setback
restriction is at a minimum standard now.
Mr. Joseph !,ocker, Jr. spoke on behalf of theo granttng of the
variance, saying the present plans call for the buildings to be con-
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B:lO~ 042 Ph:' 476
July 18; 1978
several meetings he had with the otaff had lead him to believe the
variance r.equest was reasonable I that the architect's fee for the
present plans hac been costly isome $60,000) and he thought the
granting of the variance would allow the owner of the property full
rights of his "RT" zoning.
Discussion followed couching on all the points mentioned before
with Commissioners Archer and Wimer commenting they could not see
where there was a hardship on the land.
Mr. Arthur Gilman, President of the construction corporation,
spoke on behalf of granting the variance, sayin~hiB past experience
has taught him that being too close to the lot line by using a long
building plan is detrimental to all cOilcerned and this plan he has
before the Board today takes this prerequisite, the maximum open space
between buildings, into consideration. He commented that he was proud
of the design of the subject buildings and added that during his meet-
ings with the staff, he was lead to believe that the variance request
was not unreasonable.
Mr. Clemmer clarified his statements to the Petitioner by saying
the zoning department could recommend approval only to the Board ~f
County Commissioners, leaving the final decision up to the Board.
There being no other persons registered to speak, Commissioner
Wimer moved, seconded by Commissioner Brown and carried unanimously
that the public hearing be closed.
Commissioner Wimer moved, seconded by Commissioner Archer and
carried 3-2, with Commissioners Brown and Wenzel dissenting, that Peti-
tion V-78-19-C by Joseph R. Locker, Jr., requesting a side yard setback
variance in orJer to construct a condominium on Lots IX and X, Block A,
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Connor's Vanderbilt Beach Estates, Unit l, be denied.
PETITION V-78-20-C BY JOSEPH R. LOCKER, JR., REQUESTING A SIDE YARD SET-
BACK VARIANCE IN ORDER TO CONSTRUCT A CONDOMINIUM ON LOTS 21 AND 22,
BLOCK A, VANDERBILT BEACH ESTATES, UNIT 1 - DENIED
Legal notice having been published in the Naples Star on June 30,
1978 a~ evidenced by Affidavit of Publication filed with the Clerk,
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July 18, 1978
public hearing was held to consider Petition V-78-20-C by Joseph R.
Locker, Jr.. requesting a side yard Betback variance in order to
conRtruct a condominium on Lots 21 and 22, Block A, Vanderbilt
Oeach Estates, Unit 1.
Mr. Carl Clemmer, Zoning Director, stated this request was iden-
tical to the previous request, V-78-l9-C, by Joseph R. Locker, Jr.
and would be considered in the same light and prerequiBites as pre-
viously stated.
There being no other persons registered to Bpeak, Commissioner
Brown moveq seconded by Commissioner Wimer and carried unanimously,
that the public hearing be closed.
Commissioner Wimer moved, seconded by CommiBsioner Archer and
carried 3-2, with Commissioners Brown and Wenzel dissenting, to deny
Petition V-7B-20-C by Joseph R. Locker, Jr., requesting a side yard
setback variance in order to construct a condominium on Lots 2l and
22, Olock A, Vanderbilt Beach Estates, Unit l.
Chairman Pistor requested that County Manager Norman have a meet-
ing with the Zoning Department, the Planning Department and the County
Attorney, to review the variance concept as it is now being employed
and clarify those points regarding administrative procedure. Chair-
man Pistor asked that the resulting report be bro~ght back before the
Board within a two week periOd.
EMERGENCY ORDINANCE NO. 78-37 AMENDING ORDINANCE 78-16 RE ANI~~L
CONTROL ADOPTED VIA EMERGENCY PROCEDURE
County Attorney Pickworth explained that the change being
incorporated in the Emergency Ordinance could be found in Section
Six, Subsection A, Paragraph (2) of Animal Control Ordinance 78-16
and should read as follows:
"TO run at large in or upon any public street, road, side-
walk, other public place or upon private property without _
the expressed or implied consent of the owner or lessee of
such."
Commissioner Wenzel moved, seconded by Commissioner Archer, that
an emergency situation exists and requirements for advertising be
waived. Motion carried unanimously 5-0.
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e~a~ 04.2 Pl.:;: 477
':'''~'-:::-';-.-::: :.~,'~""";'--L~~ ,-..."": ~':'~.~"::,\"~.....~.;~;;.;;-.'.; "-"':':';:".~''''C~''':'L-'l..:. "1:t;."~;"..'":''' ..;:....'-:-:,~:.~,~~~.:t~"'~1!~~~r:~~j
~aOK 0 42 P~:i: 478
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July 18, 1978
Commissioner Wenzel moved, seconded by Commissioner Brown
and carrieu unanimously, that the pUblic hearinq be closed.
Commissioner Wenzel moved, seconded by Commissioner Wimer, that
the ordinance as numbered and titled below amending Ordinance 78-16,
Animal Control, be adox:';ed via emergency procedure and entered into
Ordinance Book *8. Motion carried unanimously 5-0.
ORDINANCE NO. 78-~
AN EHERGENCY ORDINANCE A..'1ENDING COLLIER COUNTY
ORDINANCE NO. 78-16 RELATING TO AijUtALS RUNNING
AT LARGE IN PUBLIC PLACES; ESTABLISHING A NEUTERING
PROGRAM AND PROVIDING A:t EFFECTIVE DATE.
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RECESS: 3:05 P.M. to 3:10 P.M.
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FIVE EIGHT INC~I POTABLE WATER WELL PERMITS - PELICAN BAY IMPHOVE-
NENT DISTRICT - APPROVED WITH STIPULATIONS
11r. Harmon Turner, representing the Pelican Bay Improvement
District, presented the request for five eight inch potable ~aler
well permits for the Pelican Bay Improvement District which will
supply Pelican Bay with the necessary water supply. The subject
five wells represent one-half of the entire water supply system
(ten wells total), all of which will be drilled on off-site property,
and these five wells will accommodate Phase I of the Pelican Bay
project, Mr. Turner explained. One of the requests is for the ~
change-over of a monitorinq well to a supply well while the other
four\well permits will be for new conBtruction.
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Utility Director Irvinq Berzon reported that the permit request
has been reviewed by the Water Management Advisory Board and recom-
mended for approval. He also stated the South Florida Water Manage-
ment District has issued the consumptive use permits for these wells.
Hr. Berzon recommended that the five water well permits be approved
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with the fOllowing stipulations:
1.
3.
Cr.,ics of the driller's logs for the wells be subl.. i t-
ted to the County Utility Director.
That a water analysis regarding water quality for tho
wells be submitted to the County Utility Director.
That the wells be operated in Btrict compliance with
the conditions set forth in the conBumptive U$e per-
mit and are adhered to.
2.
Should any of the wells be abandoned in the future by
the present permitees then the County mUBt be advised
and the wells be capped and plugged at suoh time.
Commissioner Wenzel moved, seconded bV Commissioner Brown and
4.
carried unanimously, to approve the five eight inch water well per-
mits (one of the five permits being for a change-over from a monitor-
ing well to a supply well) as requested by the Pelican Bay Improvement
Di~~rict with the above-referenced stipulations.
TIlREE (3) ON-SITE MONITORING WATER WELL PERMITS FOR CORAL RIDGE-
COLLIER PROPERTIES, INC. - APPROVED WITH STIPULATIONS
County Utility Director Irving Berzon stated the request is for
two four inch wells and one eight inch well which will be constructed
on-site of the Coral Ridge-Collier PropertieB and are to be used for
monitoring purposes only. He explained that the request has been re-
viewed by the Water Management Advisory Soard and recommended for ap-
proval.
Commissioner Wenzel moved, seconded by Commissioner Archer and
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carried unanimously, that the three on-site monitoring water well
permits for Coral Ridge-Collier Properties, Inc. be approved with the
following stipulations:
1. A copy of tho driller's log for the wells be submitted
to the County Utility Director.
2. That a water analysis regarding water quality for the
wells be submitted to the County Utility Director.
3. That the wells be capped and plugged upon abandonment of
the monitoring work.
ONE (1) FOUR INCH WATER WELL PERMIT FOR BEATRICE ROGERS -APPROVED
WITH STIPULATIONS
County Utility Director Irving Berzon presented the request by
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July 18, 1978
Beatrice Rogers for one four inch water wall permit for that pro-
perty located in Section 3l, Township 53 South, Range 30 East,
Chokoloskee Island, Florida and which will be used to provide a
domestic water supply. ~1r. Berzon stated the staff recommends the
approval of the permit with the stipulations as follows I
1. The four inch well be choked off to two inch~s at
the surface and not be permitted to flow free other
than under controlled conditions.
2. The a copy of the driller's log for the well be sub-
mitted to the County Utility Director.
3. That a water analysis regarding ~ater quality for the
well be submitted to the County Utility Director.
Commissioner Wenzel moved, seconded by Commissioner Brown and
carried unanimously, that the one Cl) four inch water well permit
for Beatrice Rogers be approved with the above-referenced stipula-
tions.
Discussion followed regarding the current problem that is being
experienced on the island of Chokoloskee, pointing out that if the
construction of new wells continues there is bound to be salt intru-
sion into the water supply. Mr. Ber~on pointed out that the Everglades
City Council had been made aware of the situation three years ago but
had decided not to forego issuing permits for domestic wells on the
island. Several ideas were discussed, namely the possibility of
putting Chokoloskee Island on the Everglades water system; having a
central water/sewer system installed on the island~ and, adding
this very important information to the letter of approval for the
well permits.
Chairman Pistor requested that Mr. Berzon make arrangements
for a meeting with the proper people to discuss this very important
subject and relay saiu meeting time and place to the members of
the Board.
MR. JOHN E. BUCHANAN, AREA COORDINATOR FOR THE SOUTH FLORIDA DISTRICT
OF THE STATE DIVISION OF DISASTER PREPAREDNESS ADVISES PUBLIC SEMINAR
ON "HURRICANE PREPAREDNESS"
Collier County Civil Defense Director Bill Walker intrOduced
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July lB, 1978
l1r. John E. Buchanan, Area Coordinator for the South Florida Ois-
trict of ~he State nivision of Disaster Preparedness, who in turn
invited the public to attend an open seminar on "Hurricane Prepared-
ness. to be held at Lely High School, '100 P.M., JUly 18, 1978. Mr.
Buchanan answered questions from the audience, explaining each sub-
ject would be covered more completely at the propoBed meetirg at Lely
High School. He announced that Dr. Neal Frank,'Oirector of the .Nationa:
Hurricane Center in Miami, Florida, would be the principal speaker,
touching on vital points that are comprised in a good disaster pre-
paredness plan. Mr. Buchanan explained that the recommendations the
public would receive from the news mediaB would come directly from the
Board of County Commissioners through the jurisdiction of Civil De-
fpose Director Walker. County l1anager Norman noted that the Naples
Daily News will publish a "Hurricane Special" issue, next week, and
it will include evacuation routes; boat moorings; proper preparation
of homes and grounds; etc.
Chairman Pistor thanked Mr. Buchanan for his appearance at the
meeting today.
CHAIRMAN AUTHORIZED TO SIGN THE CERTIFICATE OF SUBSTANTIAL COMPLE-
TION FOR THE LANDFILL MAINTENANCE BUILDING
Assistant County Engineer Cliff Barksdale reported the Land-
fill Maintenance Building has been substanially completed and he
has received from the architect a Certificate of Substantial Com-
pletion which he requests the Chairman be authorized to sign. Mr.
Barksdale explained the definition of "substantial completion" as
being "the project is sufficiently completed to permit occupancy"
even though he has a punch list of approximately three items that
must be redone due to vandalism.
Commissioner Wimer moved, seconded by Commissioner Wenzel and
carried 3-0, with Commissioners Brown and Archer absent, authoriz-
ing the Chairman to sign the Certificate of Substantial Completion
for the Landfill Maintenance Building.
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July l8, 1978
REPORT BY ASSISTANT COUNTY ENGINEER BARKSDALE RE $10,000,000 REVENUE
BOND RESOLUmION-SECONDARY ROAD CONSTRUCTION PROGRAM
Ass1stant County Engineer Barksdale stated that in the 1977 ses-
sion of the State Legislation, laws were paBse~ which transferred the
responsibility of the 5th and 6th cent GaB Tax Program, including
the maintenance of thu program, to the County. In the past, Mr.
Barksdale continued, the County's program has been fun~ed on a cash-
flow basis, prepared by the State, which means, the cash in-flow must
equal the anticipated payouts for that periOd and although this method
has speeded up the time period in which the projects have been accom-
plished (versus the old system of accumulating the total cash required
prior to the letting of the contract', it does not permit actual con-
struction as rapidly as a Bond Program would permit. He said the Coun
ty anticipates a revenue bond pledging the 80' of the 5th and 6th cent
Gas Tax ana it is estimated that the Construction Program could be
accelerated as much as three yearB or more.
~Ir. Barksdale expl~ined, that in response to the requests by the
Engineering Department, the Florida Department of Transportation B0nd
Development Director has provided a bond analysis of Collier C0unty's
Secondary Road Program and that analYBis states the maximum bonding
capacity pledging the 5th and 6th cent State Gasoline Tax is approx-
imately Sll,080,OOO. The proposed Bonding Program is based on an
assumed thirty year issue with a 29 year payout, at an estimated 6%
per annum interest rate. Also taken into consideration in the anal-
ysis and computations are the two outstanding Bond Issues, those of
the Everglades Parkway (Alligator Alley) and tho Marco Island Bridge
Bond Issues. He referred to the copy of the initiating resolution,
which had been provided by the Bond Devtilopment Director, and the all-
encompassing project list proposed for construction, adding the pro-
jects were not listed in order of priority. Mr. Barksdale stated
the establishment of the priorities for actual construction utilizing
the proceeds of the Bond Issue can be established by the Board of
County Commissioners when required.
5~OK 042 P/.:;:4B3
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n~o~ 042 l'I.~r 484
July l8,-1978
The Division of Bond Finance will issue and sell State Bonds
and transfer the proceeds to the County for the costs of conRtruc-
tion of the projects, said Mr. Barksdale, concluding that funds
from the bond issue will be available early in 1979.
County Manager Norman stated the presentation today by Assis-
tant County Engineer Barksdale is for the Board's information only
as the item will be brought before the Commissioners on July 25, 1978
for their action.
PROPOSED ORDINANCE AMENDING COLLIER COUNTY LIGHTING DISTRICT TO IN-
CLUDE LELY TROPICAL ESTATES, UNIT 2, - ADVERTISING AUTHORIZED FOR
PUBLIC HEARING AUGUST lS, 1978
Commissioner Wenzel moved, seconded by CommisBioner Wimer and
carried 4-0 with Chairman Pistor absent, that the proposed Ordin-
p.~ce amending Collier County Lighting District to include Lely Tropi-
cal Estates, Unit 2, be advertised fortpublic hearing August l5, 1978.
VACATION OF BAY ROAD IN ~mRCO ISLAND, UNIT lJ - ADVERTISING AUTHORIZED
FOR PUBLIC HEARING ON AUGUST l5, 1978
Commissioner Wenzel moved, seconded by Commissioner Wimer and
carried 4-0 with Chairman Pistor absent, that the vacation of Bay
Road, Marco Island, Unit 13, be advertised for public hearing August
15, 1978.
APPEAL BY ~~PLE LEAF VILLAS AS REPRESENTED BY PAUL SCHRYVER OF BUILD-
ING OFFICIAL'S DECISION - CONTINUED UNTIL JULY 25, 1978 PER COUNTY
ATTORNEY'S REQUEST.
Commissioner Wenzel moved, seconded by Commissioner Wimer and
carried 4-0 with Chairman Pistor absent, that the Appeal by Maple
Leaf Villas, as represented by Paul Schryver, of Building Official's
decision be continued until July 25, 1978.
RESOLUTION NO. 78-112 RESCINDING THE NAME CHANGE OF SHADOWLAWN
DRIVE TO KELLY ROAD - ADOPTED
Planner Lee Layne explained that the rescission of the name
change of Shadowlawn Drive to Kelly Road, without benefit of Reso-
lution, had taken place in April, 1978 when a petition from a major-
ity of the property owners was submitted. The Planning Department
made a thorough check via mail and received back from their inquir-
ies 28 affirmative answers that the street in question should remain
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July la, 1978
Shadowlawn Drive.
Commissioner Wenzel moved, seconded by Commissioner Wimer and
carried 4-0 with Chairman Pistor absent, that the following Resolu-
tion No. 78-l12 be adopted.
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July 19, 1978
SOCIAL SERVICE CASE W-l297 - APPROVED
Commissioner Archer moved, B8conded by Commissioner Wimer and
carried 4-0 with Chairman Pistor absent, that Social Service Case
No. W-1297 be approved.
REPORT BY SOCIAL SERVICES DIRECTOR MARTHA SKINNER RE IMPACT OF THE
FLORIDA HEALTH CASE RESPONSIBILITY ACT (S.B.875) ON COLLIER COUNTY
I
Social Services Dtrector Martha Skinner, after having give~
each Board member a copy of her report*, reviewed the prepared
statement regarding the impact of the Florida Health Care Responsi-
bility Act (S.B.875) on Collier County. Following a discussion,
Mrs. Skinner commented that the most obvious problem confronting
the Social Services Department presently is the State mandated fin-
ancial reponsibility it has regarding the Health and Rehabilitative
Services billings - i.e. late billings; Medicaid participants; etc.
Chairman Pis tor commended ~~s. Skinner on her past performance
record and thanked her for the presentation.
ACKNOWLEDGEMENT OF THE $76,'5BO.50 ENDOWMENT FROM THE ESTATE OF
MACKWORTH G. REES - TO BE EXPENDED FOR LIBRARY PURPOSES RE "LIBRARY
BOARD" AND ENTERED INTO THE OFFICIAL RECORDS OF COLLIER COUNTY
Administrative Aide Mary Morgan stated Library Directcr Joder
has received an endowment in the amount of $76,590.50 from the estate
of the late ~iackworth G. Rees, to be expended for library purposes at
the discretion of the "Librar.y Board". It is understood by the trust-
ees of the estate that Mr. Rees, in his lifetime, hoped that the lib-
rary would someday have an auditorium/lecture hall facility and this
is under contemplation by the Library Advisory Board in conjunction
with other plans.
Commissioner Wenzel moved, seconded by Commissioner Wimer and
carried 4-0 with Chairman Pistor absent, that the generous endowment,
in the amount of $76.590.50, from the estate of the late Mackworth G.
Rees be acknowledged and the Board'B and the Library's appreciation
be entered into the Official Records of Collier County this IBth day
of July 197B.
*On file in office of Clerk of the Board.
B:Jn~ 042 Pl.:: 487
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July 18,-:-1978
CHAIRMAN AUTHORIZED TO SIGN EMERGENCY BID AWARD IN THE AMOUNT OF
$l4r950 TO B & I CONTRACTORS FOR THE REPLACEMENT OF TWO AC COMPRES-
SORS IN BUILDING "F"
Under emergency procedure, Commissioner Archer moved, seconded
by Commissioner tUmor and carried unanimously, that the Chairman be
authorized to sign an emergency bid award in the amount of $14,950
to n & I Contractors for the replacement of two (2) burned-out AC
compressors for Building "FM.
PAYMENT OF BILLS - AUTHORIZED
Commissioner Wenzel moved, seconded by Commissioner Brown and
carried 5-0, that the bills be approved for paymen't as witnes'sed by
the following warrants issued from Ju11 12, 1978 through July 18, 1978:
FUND
BCC Payroll
County Warrants
Youth Guidance
Federal Revenue Sharing
Grants & Gifts
Sewer District "An Assess.
Sewer District "A" Revenue
Collier County Water/Sewer
Utility Revenue
Anti-Recession/Federal Revenue
Sharing
Road & Bridge
Assess. & Utility Clearing
WARRANT NOS.
46616 -
46672 -
7105 -
7299 -
1
7
15 -
46
25
18
15
31
61 -
46670
46876
7297
7366
16
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BUDGET AMENDHEN'r NO. 78--118 TO TRANSFER FUNDS FOR SALARY AND OTHER
EXPENSES OF SECRETARY I POSITION THROUGH 9/30/7.8.IN.PLANNING..DEPART-
MENT IN THE AMOUNT OF $2,438.81 '-' ADOPTED' . . . . . ' . . . .
Commissioner Wenzel moved, seconded by Commissioner Brown and
carried 5-0, that Bud9~t Amendment 78-118 to tranBfer funds for salary
and other expenses of Secretary I position thro~9h 'September 30, 1978
in the Planning Department, in the amount of $2,438.81, bp'adopted.
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July la, 1978
BUDGET AMENDl1ENT NO. 78-ll9 TO TRANSFER FUNDS FOR TYPEWRITER LEASE
WITH EDISON COMMUNITY COLLEGE PER CETA CONTRACT 178MP-2-09-2l-l IN
THE AMOUNT OF $21S.72 - ADOPTED . .
Commissioner Wenzel moved, seconded by Commissioner Brown and
carried 5-0, that Budget Amendment 78-l19 to transfer funas to cover
amount of typewriter lease with Edison Community College in C.E.T.A.
Title II (Contract .78-MP-2-09-2l-l), in the amount cl $2lS.72, be
adopted.
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July 18;'- 1978
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BUDGET AMENDMENT NO. 78-l20 TO TRANSFER FUNDS FOR NEW CETA TITLE
VI PROJECT THROUGH 9/30/78 IN THE AMOUNT OF $13,03l.7l - ADOPTED
Commissioner Wenzel moved, seconded by Commissioner Wimer and
carried 5-0, that Budget Amendment 78-120 to transfer monies and set
up appropriations for new CETA Title VI Project through September 30,
1978 (Contract *78MP-6-09-21-lPl), in the amount of $l3,03l.7l, be
adopted.
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BOOK U4l PI.:t 494
July l!,,,:" ~~.~8
BUDGET ~mNDMENT NO. 78-l21 TO TRANSFER FUNDS TO SET UP APPROPRIATION
FOR POSTAGE IN CETA ADMINISTRATION IN THE AMOUNT OF $15'0 - ADOPTED '
CommJssioner Wenzel moved, seconded by CommiBsioner Wimer and
carried 5-0, that Budget Amendment 78-l21 to transfer monies to set
up an appropriation for postage in C.E.T.A. Administration, in the
amount of $150.00, be adopted.
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July 18/-1978
BUDGET ~lENDMENT NO. 78-l22 TO TRANSFER FUNDS TO SET UP APPROPRIATION
FOR EQUIPI1ENT RENTAL FOR HRS CETA PROJECT UNDER TITLE VI - IN THE
AMOUNT OF $l,12l - ADOPTED
Commissioner Wenzel movea, seconded by Commissioner Wimer and
carried 5-0, that Budget Amendment 78-l22 to transfer appropriation
to set up an equipment rental account for Health and Rehabilitative
Services Project under CBTA Titlo VI (Contraot .78MP-6-09-2l-1Pl), in
the amount of $1,121. be adopted.
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B:)DK 042 Pt.:c: 198
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July l8, -l978
REVIEW BY MR. TED SIVER, INSURANCE CONSULTANT, RE WORKMAN'S COMPEN-
SATION PROGKAM/PARTIAL SELF INSURANCE, MR. SIVER, COUNTY MANAGER
AND STAFF REyUESTED TO DETERMINE MORE DETAILED INFORMATION AND BRING
BACK TO THP BOARD AT A LATER DATE
Fiscal Officer Harold Hall stated that last fall the Board of
County Commissioners authorized the Bigning of a contract with
E. w. Siver & Associates, Inc. to compile a report on the County's
having partial self-insurance in connection with the Workman's Com-
pensation Insurance; the taking of bidsl and to engage Mr. Siver to
evaluate the bids. Mr. Hall explained that an additional $299,000
has been proposed for the 1978-79 budget in view of the increase in
Workman's Compensation insurance cost, adding that the County's in-
crease may not be as much as the additional monies but because this
provision has not been made in prior years, this figure has been de-
t"'rmJned to be one that will accommodate the program Mr. Siver will
present at this meeting. At this time, Mr. Hall introduced Mr. Ted
Siver & Associates who gave the following review:
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July 18, 1978
EXHIBIT B
RECOMMENDED PROGRAM
Agent:
Ruel Insurance Division
Arthur J. Gallagher, Co.
Risk Management Services:
Employe~. Insurance Management Oil
Arthur J. Gallagher, Co.
$l,OOO,OOO excess of $l50,OOO per
occurrence
Specif~c Excess Insurancel
Aggregate Excess Insurance:
$1,000,000 excess of $349,871
Insurance Company of North America
A+XV
Insuror:
Best'n Rating:
Costs:
$12,513
11,526
52,09l
$76,130
RiBk Management Services
State Premium Taxes
Excess Insurance
Total
Plus losses
produced on Hay 24, 1978; the proposals were returned late in June
and all said proposals are good until August l, 1978. When asked
by Mr. Hall if the amount of time and the number of people assigned
to the program would be more than now involved, Mr. Siver answered
in the affirmative, explainjng that the risk management/safety/loss
control would be a very responsibile position.
Chairman Pistor requested County Manager Norman to have a staff
meeting, making an item for the agenda - the. gat~ering of more facts
in more detail so that a plesentation could be made to the Board at
a later meeting, keeping in mind a possible extension of the August
1, 1978 expiration date of the returned proposals.
CHAIRMAN AUTHORIZED TO SIGN COST ALLOCATION PLAN FOR CETA PER P~COM-
MENDATION OF FISCAL OFFICER HALL
Fiscal Officer Hall reported that in order for the County to re-
Cover those costs incurred by CETA for the Board in such areas as Per-
sonnel, Purchasing and the Clerk of Court's Finance Department there
are two approaches that can be taken.
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BOOK
042 IY.d 501
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July 18,' 1978
1. Cost allocation plan which i. baBed on percentages of
total applicable costs.
2. In accordance with the Federal Grants' circular 174-4,
t.le exact hours of "ork are identified according to the
areas in which they were used.
Mr. Hall said it is this second approach that is being recom-
mended hy the Clerk's office and Mr. Jim Meerpohl. For the CETA
work that was done in Collier County this last year, ~he cost has
been slightly over $10,000, all of which is recoverable, Mr. Hall
explained. The costs for implementing CETA programs will rise dur-
ing this fiscal year because the Board'. departments provides all
payroll, insuran~e and purchasing services to the CETA program,
making the estimated recapture of expenses for thiB current Grant
year: $58,400 or 2.3\ of Grant. Fiscal Officer Hall asked that
the Board authorize the Chairman to sign the Co~t Allocation docu-
ment which will allow him to bill CETA for expenses generated laat
year in the amount of $lO,8l7.
Commissioner Wenzel moved, seconded by Commissioner Brown and
carried unanimously, to authorize the Chairman to sign the Cost Al-
location document as recommended by the Fiscal Officer and CETA Ad-
ministrator.
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July 18 ,-l~78
CIlAIRMAN AUTHORIZED TO SIGN $5,000,000 BOND RATING STATEMENT _
APPROVAL GIVEN FOR NECESSARY STAFF TO GO TO NEW YORK CITY RE
SAID BOND RATING CONFERENCE
Fiscal Officer Hall askey that he and the Chairman be authorized
to sign the preliminary official statement that is needed for bond
rating purposes on the $5,000,000 bond issue. He stated that there
will bo a scheduled bon~ rating conference on Friday, August 4, 1978
in New York City with Moody's and that following the rating confer-
ence, the bonds should be ready for market in approximately six (6)
weeks.
Commissioner Wenzel moved, seconded by Commissioner Wimer and
carrie~ unanimously, that the Chairman and the Fiscal Officer be
authorized to sign the bond rating st~tement.
Commissioner Wimer moved, seconded by Commissioner Archer and
carried 3-1 with Commissioner Brown absent and Commissioner Wenzel
dissenting, that the necessary staff be recommended to accompany
Fiscal Officer Hall to the bond rating conference in New York City.
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July l8, 1978
CERTIFICATED FOR CORRECTION RE 1976 AND 1977 TAX ROLLS - APPROVED
FOR CHAIRMAN'S SIGNATURE
Comm~ssioner Wenzel mO~dd, seconded by Commissioner Brown and
carried unanimously, that the fOllowing Certificates for Correction
on the 1976 and 1977 Tax Rolls be approved and that the Chairman be
authorized to sign sarnJ:
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NOS. DATED
1976 Personal Property 6r r;::'f'=18
1976 Tax Roll 329 7-6-78
1977 Personal Property 40-77 7-S-78
1977 Personal Property 38-77 6-25-78
1977 Personal Property 39 6-8-78
1977 Tax Roll 418 7-6-78
CHAIRMAN AUTHORIZED TO SIGN LETTER TO DEPARTMENT OF COMMUNITY AFFAIRS
RE REVIEW OF PROPOSED AMENDMENTS TO CHAPTER 9B-S, FAC (LOCAL GOVERN-
MENT COMPREHENSIVE PLANNING ACT) .
Ms. Mary Morgan, Administrative Aide, stated material had been
received from the Department of Community Affairs which made known
that additional funds are available for use in the area of planning
assistance/Local Comprehensive Planning Act. The Department of Com-
munity Affairs asked for a response from the Board regarding the
changes of the rules and it is thiB l~tter Ms. Morgan requested the
Chairman be authorized to sign.
Commissionier Wenzel moved, seconded by Commissioner Brown and
carried unanimously, that the Chairman be autho~ized to sign a let-
ter regarding the rule changes in the Local Comprehensive Planning
Act.
BOARD ASKED TO REVIEW COUNTY MANAGER'S MEMO RE NEW PROGRAMS AND/OR
EXPANDED PROGRAMS FOR THE 1978-79 BUDGETS
County Manager Norman stated he has made a comprehensive list
of the "New programs and/or expanded programs" when he has reviewed
in the 1978-79 tentative budgets and asked each commissioner to give
his copy serious consideration. Mr. Norman explained he used two
catergories in compiling his list.
1. Those items directly related to the County-wide tax
rate.
2. Special taxing unit activities and/or bond issue ac-
tivities.
BOOk 042 /'f.:i&J5
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July 10, 19711
lO. Copy of lotlcr <.luted July 12, 1970 from DJrector,
Ilomcmi.l~:erfl Service of Collier County, to Grants
Accounting, District Eight FioclIl Office, trano-
no.ltting monthly rccript and cxpenditure roport for
Juno, 1970, and quarterly cost report from April
through June, 1970 - Piled.
11. Copy of Bui.lding Report on dwelling units permitted
through June 30, 1970 - l"iled.
12. Monthly report for June, 1970 from Animal Co~trol -
Compli.lints received and investigated - Filed.
]3. HeporLI' for June, 1970 from Lee County Co-op of
lighting diGtrict inotallntions for the Immokuleo
and Murco Island Districts - xc Engineering Depart-
ment; and filed.
l~. PSC Noticc9 of Filing of Application for a Certifi-
cnte of Public Convenience and Necessity re Henry
Lins Carter, Jr., d/b/a Carter Mobile Home Trans-
pOl't, and Allan Ban-y Rurlick - Filed.
PROPOSj.:n nUDGE']' FOR 1970-79 FISCAL YEAR FOR EAST NAPI.ES FIRE CON'rnOL
n', .,Tn] C'I' - IlECJc:IVED fOH TilE RECOHD
AdminJRtrntive Aide to the Board Mnry Morgan noted the receipt
of lIw ProJlosed Budget for 1970-79 Fiscal Year fOJ: the East Naples
l'ire Control Djstrict, to be filed for the record, in accordance
wi.t.h Florid,l Stntutes.
COllNTY ROrd) DEPART1.mNT AllTJlORJ7.ED TO DELIVER NECESSARY LOADS OF DIRT
'1'0 '['1m Hl~l()I(^]'EE FIlm DEP^RT~mNT
COlllln.i r;"ioner 1\'.'n:-:cl moved, seconded by Commissioner Wimer and
ca~ried unanimously, that the Road Department be authorized to deliv-
or the ne('(,~1r.i\ry 10.'1<1s C'f dirt: to Mr. Jock Whisnant, Fire Chief,
Jl11moka]ee Fire Depnrtment, for use in the new fire department and
thilt chnrtjC's inc\lrrou be invoiced to Road and Bridge District 5.
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There being no further business for tho good of the County the
meetilltj \ViIS acljourn0.d by order of the Chair - Timc 5:10 P.M.
BOARD OF COUNTY CO~mISSIONF.RS/EX
OFI~ICIO GOVERNING nOl\RD (8) OI~ ZI'ECIAL
DISTRICTS UNDBR I'rS CON'rHOL
g. J11 iz
l'IB'rOH, CIl1\lHM1\N
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