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BCC Minutes 03/03/1981 R , . .............~- . . Naples, Florida, March 3, 1901 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and ~lso acting as the Governing Doard(s) of such speci~l 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 Ruilding "F" of the Courthouse Complex with the following members present: CHI\IRMI\N: John 7\. pistor VICE C 111\ HIM 7\N : Clifford Wenzel (Absent) C.R. "Russ Wimer Mary Frances Kruse David C. Brown ALSO PRESENT: william J. Reagan, Clerk; Harold L. Hall, Chief Deputy Clerk/Fiscal Officer; Elinor M. Skinner and Edna Brenneman (5:00 P.M.), Deputy Clerks; C. William Norman, County Manager; Irving Berzon, Utilities Manager; Clifford Barksdale, Public Works Administrator/ Engineer; Donald 7\. Pickworth, County Attorney; Kerry McQuinn and Tony Pires, Assistant County Attorneys; Richard lIenderlong amd Lee Layne, Planners; Thomas Hafner, Public Safety I\dministrator; Terry Virta, Community Development Administrator; Deputy Chief Raymond Barnett, Sheriff's Department. ~~ 059 PAc~ 840 page 1 .oox NOTE: ITALICS RErRESF.NTS ITEMS R~QUEr.TED TO BE ADDED TO AGf:NDA AS FOLLOWS: 'CONTINl1~D FRO~' NIIOR IIEETI/fG "EMERGENCY ITEM '.'REQUr.ST'FOR BOARD OF COUNTY COmllSSIONERS ADVERTISING FOR . PUBLIC REARING 059 'PAC~ 6~r AGENDA March 3, 1981 NOTICE: ALL PERSONS SPEAKING ON ANY AGENDA ITEM MUST REGISTER PRIOR TO TilE ITEM UElllG IIEARD. REQUESTS TO ADDRESS TilE BOARD ON SUBJECTS WHICH ARE NOT ON TillS AGENDA MlIST OE SUOI.IITTED IN WRITING WITH EXPLA- NATION TO TilE COUNTY I~AN~.GER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE IIEARD UNDER "PUSL1C PETITIONS" AT 11:00 A.M. ANY PEASO" WHO DECIDES TO APPEAL ^ DECISIOM OF TillS BOARD HILL NEED A RECORD OF THE PROCEEDINGS PERTAINING TIIERETO, AND TIIEREFOnE 14AY NEED TO EllSURE TIIAT A VER8ATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES TilE TESTll',ONY ArlO EVIDENCE uroll WHICH THE APPEAL IS TO BE BASED. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES: February 10, 1981 5. PROCLAMATION AIlD PRESENTATION OF AWARDS A. Proclamation declaring the month of March as Youth A~t flonth. B. Proclamation declaring that March 14, 1981, be designated as Scout - Goodwill Goodturn Day. 6. SOCIAL SERVICES CASES 7. ADVERTISED PUBLIC HEARINGS A. CP-BO-19C, Neno Spagna representing Angelo & Grace Montemurro: Requesting Comprehensive Plan use element from residential low to medium density (0-4 units per gross acre) to residential medium to high density (6.22-30 units per gross acre) on lot 43, block "A", replat Unit 1, Conner's Vanderbilt Beach Estates Subdivision. This land is located off of Vanderbilt Beach Road to the west and northwest of Seabreeze Avenue. (Planning) (NOTE: Per attached letter, Dr. Spagna is requesting that this Petition be withdrawn and postponed indefinitely.) n. Petition CP-80-15C, Wafaa Assaad representing Craig Meffert: Requesting a Comprehensive Plan Land use element amendment from commercial to residential medium to high density (6.22- 30 units per gross acre) on Lot 23, block "A", Myrtle COY, Acres Subdivision located off of Hyrtle Coye Lane Ind 300 feet southwest of US 41. (Planning) ~ .. Agenda Page 2 March 3, 19B1 . C. Petition CP-Bo-f6C, Wafaa Asaad representing Lely Estates, Inc.: Requesting Comprehensive Plan Land use clement amendment from residential low to medium density (0-4 units per gross acre) to residential medium to hiqh density (6.22-30 units per gross acre) for a portion of block 17, unit 1, Le1y Tropical Estates Subdivision located at the northeast corner intersection of Hawaii Boulevard and Rattlesnake Hammock Road. (Planning) , O. Petition CP-BO-18C. Waf.. Asaad. representing Kimbrel, Burns and Callander: Reque~ting Comprehensioe Plan Land Use element amendment from residential low to medium density (0-4 units per gross acre) to medium to high density (6.22-30 units per gross acre) for land located north of State Road 84 about I~ miles west of State Road 951. (Planning) E. Ordinance pertaining to puh1ic beaches an~ beach access areas of the County prohibiting the taking of glass containers on the heaches and beach access areas. (County Attorney) F. Puh1ic hearing to consider rate increase request by Waste Management, Inc. (Yahl Brothers \oIaste Disposal) (Public 1.lorks) B. OLD BUSINESS A. ~Furt}ler consideration of recommendation fo~ chango in position oLassification/pay for Ascistant County Mannge~ position. 9. COUNTY MANAGER'S REPORT A. COUNTY MANAGER (1) Recommendation to adopt and execute a franchise agreement with Sandia Cableoision, Inc. for provision of cable te1eoision se,'vices to the T~moka1ee area. (NOT~: County Manager recommends this itam be mov.a to Ma~ch 10 agenda) (2) ""Recommendation and report' o~": cZaasification of Emtlttgcnc!f Medical Services Director. B. COMMUNITY DEVELOPMENT (1) Petition PU-78-20C, James Calderwood: Requesting extension of PU (5) of the "E" estates zoning district f"r a home for the elderly on the south side of Rattlesnake P.m~ock Road, southeast of Wing South Airport in Section 22, TSOS, R26E. (2) Resolution to recooer funds expended by the County to ahate public nuisances on lots pursuant to Ordinance 76-14. a) Lot 3, Block 3, Naples Manor Addition b) East 100 feet of Lot 14, Unit 1, Myrtle Cove Acres, Block A c) Lot 3, Block G, Flamingo Estates C. PUBLIC SAFETY !OOK 059 PACE 642 (1) Recommendation for approval of contract between State Medical Examiner Commission and Collier County. (1)"Statue report and racommdndation Oft neY ao"n!r c.b"lano. eer~l"a. . ( Agenda Page 3 March 3, 1981 aoDX 059 mE 643 D. PUBLIC WORKS ',( 1) Recommenda t i on for a pprova 1 /execut ion/recordat ion of a right-of-way map and approval/execution of an inter-local agreement for improvements to a portIon of Corkscrew Road (County Road 850) (2) Recommendation for preliminary acceptance for one year maintenance of Livingston Road, located in sections 24 & 25, TWP. 49 South, Range 25 East. E. MUSElIM (1) Recommendation to accept grant from Florida endow- ment for the humanities to fund an archaeological conference sponsored by the Collier County Museum. F. SOCIAL SERVICES (l)"Reeommendation to approve contract ~ith State Department o[ li.R.S. to [und t~o additionaZ homemakers [or' Homemakers' Ser>vicas Soction; with local match o[ $996.00. 10. DATA PROCESSING MANAGER'S REPORT 11. UTILITIES MANAGER'S REPORT A~' 'COUNTY WAnn.SEWER DISTRICT ()) Sewer area A - ay.tem development chargee, authori.at(~ [or public hearing. 12. COUNTY ATTORNEY'S REPORT A. Recommendation to approve and adopt a resolution to exercise Collier County's power of eminent domain for rights-of-way'required to construct Pine Ridge Road extension. B. Recommendation to adopt resolution authorizing exchange of a parcel of land owned by Collier County in return for a ~arcel of land necessary for Goodlette Road construction program. 13. CLERK TO THE BOARD'S REPORT A. Payment of bills B. Budget amendments C. Other 14. BOARD OF COUNTY COMMISSIONERS A. Recommendation for appointment to the Board of Building Adjustments and Appeals. . . . Agenda Page 4 Harch 3, 1981 15. MISCELLANEOUS CORRESPONDENCE 16. NEW BUSINESS 17. PUBLIC PETITIONS 18. ADJOURN &OOX 059,m'644 &OOK 059 PACE 645 March 3, 1981 .' MEMORIAL SERVICE FOR FORMER CLERK MARGhRET T. SCOTT; RESOLUTION 81-51 IN RECOGNITION OF HER LONG, DEDICI\TED SERVICE TO COLLIER COUNTY - APPROVED 7\fter a brief eulogy by Honorable Judge Harold Smith, Chairman pistor read a resolution in recognition of former Clerk Margaret T. Scott's long dedicated service to collier County. Commissioner Wimer moved, seconded by Commissioner Brown and carried 4/0, with Commis- sioncr wenzel absent, that Resolution 81-51 be approved. Chairman pistor presented said resolution to Mrs. Martha 7\nderson, Mrs. Scott's sister, and expresscd the sympathy of the Board. Page 2 .. MOX 059 PAcE647 March.3, 1981 .. AGENDA - APPROVED WITH THE ADDITIONS/DELETIONS commissioner Wimer moved, seconded by Commissioner Kruse and carried 4/0, with Commissioner Wenzel absent, that the agenda be approved with the following additions and deletions: A. proclamation re Marco Island Volunteer Fire Department Recruitment Week. B. Remarks from Commissioner Brown to Engineering Department re Immokalee Sewer construction - Added (9D) . C. Recommennation and report on classification of Emergency Medical Services Director - Continued until 3/10/81 by request of County Manager. (9A-l) D. Discussion re franchise agreement with Sandia Cablevision, Inc. - Continued until 3/10/81 at request of County Manager. (9A-2) E. Approval of minutes of ?/10/81 - Deleted. PROCL7\MATION DESIGNATING MARCH 19RI AS " YOUTH 7\RT MONTH" - APPROVED Chairman pistor read the proclamation that designates March 1981 as "Youth Art Month". Commissioner Wimer moved, seconded by Commls- sioner Brown and carried 4/0, with Commissioner Wenzel absent, that the proclamation be approved, and Chairman pistor presented same to Ms. Gloria Topczynski, who accepted it with thanks, on behalf of all Collier County art teachers and students. paqe 3 BOOK 059 PACE 649 March 3, 1981 .' pnOCL^~^TION DESIGNATING MARCH 14, 1981 1\5 "SCOUT - GOODWILL GOODTURN DI\Y" - APPflOVED Chairman pistor read the proclamation designating March 14, 1981 as "Scout - Goodwill Goodturn Day'", in recognition of thQ Goodwill Industries' and the Boy Scouts' of I\merica years of beneficial service to Collier County, which is sponsored by ~cDonald's Restaurants. Conmissioner v/imer moved, seconded by Commissioner Brown and carried A/n, with Commissioner Wenzel absent, that said proclamation be ~pprovcd. Ch~irm~n ristor presented same to Ms. Delores Monaco, who accepted IVith thanks on behalf of Goodwill Industries, with several representatives of the Boy Scouts and McDonald's Restaurants also thanking the Board. paqe . '. BOOK 059 PACE 65f March 3, 1981 : PROCLAMI\TION DESICN^TING MARCH 1 THROUGH M^RCH 7, 1981 AS "M^RCO ISL^NO VOLUNTf.ER FIRE DEPI\RTMENT RECRUITMENT Wf.EK" - APPROVED Chairman pistor read the proclamation designating the week of March 1 through March 7, 1981 as "Marco Island Volunteer Firo Department Recruitment Week". Commissioner wimer moved, seconded by Commissioner Brown and carried 4/0, with Commissioner Wenzel absent, that said proclamation be approved. Chairman Pistor presented same to Marco Island Fire Department Lt. Bob Pistor, who accepted with thanks to the Board. Page 5 March 3, 1981 BOOK 059 PACE 653 " PFTITION Cp-RO-19C, NENO SPAGNA FOR ANGELO & "RACE MONTEMURRO RE CmlPREIIENSTVE PLAN LI\ND Uf,E CIlANGE FROM RESIDENTIAL LOW TO MEDIUM DENSITY TO RES IDENTIAL ~'EDI UM TO IlIGII DENS ITY ON LOT 43, BLOCK "^w. REPLAT UNIT 1, CONNER'S VANDERBILT BEI\CH FS1'I\TES SURDIVISION - DENtED Legal notice having been published in the Naplcs Daily News on January ~O, I~Rn as evidenced by Affidavit of puhlication filed with the Clcrk, public hearing was opened to consider petition CP-RO-19C, filed by Dr. Ncno SpagnA for Angclo ~ Grace Montemurro requcsting a comprchensive plan land use change from residential low to medium density (n-~ units pcr acre) to residential medium to high density (<;.22-30 units pcr acre), on Lot 43, Block "7\", replat Unit 1, Conner's V~nderbilt ~each F.states Subdivision. Chair~an pistor noted he had rcceived a letter dated 2/11/81 from Dr. Spa~na requesting an indefinite postponement for Petition CP-80-19C. Co~munity Dcvelopment Director Terry Virta Asked the Board to postpone said petition to a specific date; withdraw it or preferably hear petition CP-RO-19C at this time. Commissioner Wi~cr moved, second cd by Commissioner Kruse and carried ~/r, with Commissioner Wenzel absent, that the public hearing bc closed. Commissioner Wi~er moved, seconded by Commissioner Kruse, that petition CP-SO-19C be denied. Although the following persons were registered to speak thcy declined the opportunity: Mr. Carl Gilzow Ms. Evp.lyne LawmAster G. Tucker Chairman pistor called for the question which carried "/0, with Commissioner Wcnzel absent. Page II March 3, 1981 ORDIN^NCE NO. 81-0 RE PETITION CP-OO-15C, W^FAA ^SSA7\D FOR CRATG MEFFERT; RF: A COMPRF:I1F:NSIVF: PLAN LAND USE ELEMENT AMENDMF.NT FROM COMMERCI^L TO RESIDENTIAL MEDIUM TO HIGII DEN~ITY (~.22-30 UNTTS PEn ACRE) O~ LOT 23, BLOCK "A", MYRTLE COVF: ACRES SUBDIVISION - ^OOPTE~ Legal notice having been published in the Naples Daily News on January 30, 1901 as evincnced by Aff!navit of publication filed with the Clerk, public hearing was opened to consider petition CP-RO-15C, filed by Mr. WafaB ^ssaad for Mr. Craig Meffert requesting a comprehensive plan land use element amendment from commercial to residcntial medium to high density (~.22-30 units per acre) on Lot ", Block ^, Myrtle Covc ^cres Suhdivision located off Myrtle Cove Lane and 300 feet southwcst of u.S. ~l. Planner Richard lIendcrlong located the property on a map on an overhead board; noted that the parcel of land is approximately '.~ acres and, referring to the Executive Summary, dated '/19/Pl, he described the zoning on the adjacent land. ~p explained that on January '9, 1901, the CCP^ held a puhlic heAring for petition CP-OO-15C and, that basen upon thc staff report, the Agency made a recommendation for approval of said petition by a unanimous vote of 5/0. It was noted that Mr. Wafaa Assaad of Wilson, Miller, Barton, Soli and Peek, representing the r-etitioner, was present to respond to any questions that the Bo~rd might have. Upon hearing that there were no registered speakers from the public, Commissioner Wimer moved, seconded by Commissioner Brown and carried 4/0, with Commissioner Wenzel absent, that the public hearing be closed. Page 7 aoQX' 059 PACE654 BOOK 059 PACE 655 March 3, 1901 .. Commissioner Wimer moved, seconded by Commissioner Brown and c~rricd 4/0, with Commissioner Wenzel absent, that Ordinance No. 81-8 re pctition CP-~O-15C, as numbered and entitled below, be adopted and entered into Ordinance Book No. I? ORDINANCE NO. 81-~ AN OR!)INANCE I\MENDING ORDINANCE 79-37, THE COM- PREIlENSIVE PLI\N FOR COLLIER COUNTY, FLORIDA BY AMENDING TilE LI\ND USE ELEMENT WORK STUDY AREA MAP 11 FROM COMMERCIAL TO RESIDENTIAL MEDIUM TO HIGq ~r.NSITY (n./.7-30 UNITS PER GROSS ACRE) ON THE FOLLOWING ~ESCnIrED PROPERTY: LOT 73, BLOCK A, MYRTLE COVE I\CRES SUBDIVISION; I\ND BY PROVIDING AN F:FFECTIVE DI\TE. Page 8 " ~ March 3, 1981 ORDINANCE NO. BI-9 RE PETITION CP-RO-Jr.C, WAFAA ASSAAD, FOR LELY ESTATES, INC., REQUESTING COMPREHENSIVE PLAN LAND USE ELEMENT AMENDMENT FROM 0-4 UNITS PER ACRE TO (,.22-30 UNITS PER ACRE FOR A PORTION OF BLOCK 17, UNIT 1, LELY TROPICAL ESTATES SUBDIVISION - ADOPTED ACCORDTNG TO STAFF RECOMMENDATION, WITH TilE STIPULATION TH!\T PETITIONER I.IRITE A LETTER AGRr.f.It-.:G NC1T TO Rf.t-IOVf., BUT I\CTIVELY SUPPORT, TI1f. pF.TITrON RE .PUD" FOR 12 UNITS rf.n ACnE, \oJflICH I~; cunRf.NTLY IN THE COMMUNITY DEVELOPt-IF.NT Df.PAnTMr.NT Legal noticc having becn publishcd in the Naples Daily News on January 30, 1981 as evinenccd hy Affidavit of publication filed with the Clerk, puhlic hcaring was held to consider petition CP-RO-lr,C, filed by WafaB Assaad for Lely F.st~tes, Inc., requesting a comprehensive plan lann use element amendment from resinential low to medium density (0-4 units per acre) to residential medium to high density (G.22-30 units per acre) for a portion of Block 17, Unit I, Lely ~ropical Estates Subdivision located at the Northeast corner intersection of Hawaii Boulevard and Rattlesnake Hammock Road. Planner Richard I!enderlong located the property on a map on an overhe~d board and explained the parcel of land is comprised of approximately 5.42 acres. He referred to the Executive Summary, d~ted 2/19/81, and described the zoning of the adjacent land. lie stated that on January 29, 19RI, t~e CCPA held a public hearing and hased upon the staff recommendati0~, the Agency made the recommendation to forward petition cp-nO-Ir.c to the Board with the recommend~tion of approval ~nd the stipulation that the zoning would not exceed 12 units per acre. Mr. Henderlong explained th~t the staff recommends approval of this petition because the proposed land use change would be compatible and complimcntAry to the surrounding area, since the land to the south, page 9 aOOK 059 PACE 656 BOOK 059 PACE 657 March 3, 19A1 to the southeast as well as to the west, of the property in question, is zoncd residential medium to high dcnsity and the land directly to thc southwest is intensive commercial use. lie noted another reason for Approval recommendation is because the staff believes there are existing community services and fa~ilities for accommodating this land use change. Mr. Henderlong said that the staff recommends that the petitioner rcscrve space for thc future widening of Rattlesnake Hammock arterial roan, as required in the Traffic Circulation Element. Mr. Bill Barton, of Wilson, Miller, Barton, Soli and peek, representing the petitioner, explained he would address the general nature of the project as it relates to utilities, traffic and density ann than ask Mr. ~ssaad to conclude the presentation. Mr. Barton said the property fronts on Rattlesnake Hammock Road, and the petitioner believes that the current single family zoning for the property is inappropriate in its present position and location. Utilities: Mr. Barton noted that the property is well served by water, electric and tclephone facilities. He said the area has had a great deal of confusion ahout the sanitary system; noted his firm has spoken at several public hearings rcgarding that subject; and as a result of thc concer;) shown Io/ith regard to the sanitary system in the area, his clie~t has made the decision to totally separate the sanitary systcm that will be used to operate this project by furnishing a completcly separate and distinct collection system, separate pump station and separate force main, that will "travel" the sewage back to the sewagc treatment plant. He noted that the treatment plant has Page 10 March 3, 19!11 never becn an issue in the problem, but thc difficulty has been associated with the pumping station, which is located near the residential propcrty to the north. Hc said his client will be happy to make a stipulation to the requcstcd land use changc that he will Makc a totally separate and distinct sewage system which will not impact or affect the existing system in the area. Traffic: Mr. Barton explained that the study regarding traffic aspects for thc projcct, manc by County Traffic Planner Robert ~univ~n, closely p~rallels his firm's finnings, which he said resulted in the traffic incrcase of approximately 90 vehicle trips per day. In addition to the traffic aspects, Mr. Barton explained that simultaneously with pctition CP-RO-l~C, his client has a petition for a "PUD" that does set forth a 12 units per acre development. lie noten that there was some concern that if the land use request amcndment from o-~ units per acre to ~.22-30 units per acre is granted, there would be no control over property use, should the petitioner withdraw the aforementioncd "PUD". He briefly explained that if petition CP-PO-l~C is approved there would be a comprehensive land use plan which said "6-30" but a zoning that would be residential single family, and that would mean the property would be placed in thc position of being useless, since no ~uilding permit could be issued for any kind of building under thosc circumstances. Density: Mr. Barton indicated the property shown in green on a map on an overhead board and explained his firm has made a study on the surrounding arca, bounded by yellow, which gave the following results: 1. Virtually all the surrounding property is zoned and in Page 11 aoox 059 PACE 658 BOOK 059 PACE659 ~'arch 3, 1981 use with constructed buildings. ? Changes in density will be few in numbers, since the property is uscd. 3. Under currcnt zoning, the naximum "build-out" d&nsity 1s 3337 dwelling units, or 2.39 dwelling units per acre gross rlensity. This nunber is signifiCAntly lower than the maximum ~.o dwelling unIts per acre, which is tho County's dcsiren growth density. 4. If the land use envisioned with Petition CP-80-lr,C occurs, ann the I? units per acre are built, the maximum number of rlwclling units, Above the single family zoned usage of the lann in question, will be 3371 or an increase of 2.41 dwelling units per acre. ChairMan ristor asked ~r. Parton to elRborate on the proposed separate sewcr systcm, since he said he has received calls regarding the problem with the existing sewer system in the area. Mr. Barton explaincrl that his clicnt plans to construct a separate and distinct gravity system; a brand new punping station, which does not have any force and effect on the existing pumping station. ~r. Barton said the developcr plans to tie into an existing force main, not in use since a larger pipc was rcquired and this pipe was put out of use years ago: the sewage will be carricd across Rattlesnake lIammock Road, south into the residential arca below and ultimately into the sewage treatment plant. Mr. Wafaa Assaan, of ~ilson, Miller, Barton, SolI and peek, rcprcsenting the pc~~tioner, re-emphasizcd the surrounding area land use and zoning as ~n existing church to the east of the Petition CP-RO-lr,C site; multifamily and commercial to the south; and to the northwest the lIamlet Condominium which is zoned "R"'-2". He pointed out that this piece of propcrty is the only vacant land in the area because page 12 March 3, 1981 the Comprehensive plan land use designation is not compatible, prac- tical, or usable, he said. Mr. Assaad explained the companion "PUD" which his client has filcd to develop thc property in question, should the Board approve pctition CP-p'o-I(,C, as follows: I. One 2-story apartment building on the corner of Hawaii Blvd. and Rattlesn~ke Hammock Road and a 3-story apartment building closest to the church. 2. 2-story townhouse, planned for placement at the north end of the site, hacking to the existing villas. The height of the buildin0s for the site will gr~dually decrease to the single family dwellings which abut the property in question. Mr. lIssaad explaincd the property abuts on rlattlesnake Hammock Road, a designated arterial road by the Comprehensive plan, and Hawaii Blvd., which, he said, is intended to be connected to Kings Lake, Bridlepath and Briarwood and is intended to be used as a major collector road. Mr. ^ss~ad briefly described the Board's denial of a "RM-2" rezoning petition for this site, approximately 2 years ago because of the high density normally associated with "RM-2" classification. He said at that time the staff was directed to look into a new zoning classification that would limit height to three-story buildings and the density to 12 units per acre, and :Ie reminded the Board that the Commissioners adopted the zoning designation "RM-IB" as a result of the staff study and recommendation. He explained his client's "PUD" was tailored very closely to the "RM-1B" classification and gave these reasons for filing said "PUD" as a companion to petition CP-80-1r.C: 1. This would give the County better control and a chance P8ge 11 &OOK 059 PACE660 MOK 059 fAtE66I March 3, 1901 to review the site plan. 2. Any specific stipulations which the Board felt ~pplic~ble could be recommended. Mr. Assaad stated when his firm Applien the County rating system to his client's planned site, 37 rating system points were achieved, the Zoning Code requires 11, and he noted that the heachfront Condo- niniuns in P~rk Shore area, by comparison, achieved 3~ points in an area zoned "RM-2". Mr. Assaad concluded hy stating that for the foregoing reasons, the zoning designation "RM-2", for ~ to 30 units per acre, is the only current classification available to his client under the existing Comprehensive Plan. He stated his client's Comprehensive eLand Use amendment ~rplication and the "PUD" application ask for no more than 12 units per acre, and he explained that in both applications his ~lient has committed to the donation of the additional right-of-way on Hawaii Blvd., which will he needed one dAY to expand the existing road facilities. Responding to Chairman Pistor, ~1r. I\ssaad said that there are two points of entrance to the development - one off Rattlesnake Hammock Road and one off Hawaii Blvd. Chairman Pistor further asked what types of safeguards the developer has planned for Rattlesnake Hammock Road in the event that the planned en~.ance from said road is allowed, and Mr. Assaad explained that the ~asic design criteria is to set the Rattle- snake Hammock entrance ~t enough distance from Hawaii Blvd. so that should the County neen a right lane into the development when the Rattlesnake lIammock Road is upgraded, his client will have the entrance set hack far enough from the intersection. Page 14 March 3, 1981 When Chairman pistor asked if the developer planned for a right turn lane, Mr. Assaad said his firm did not feel thc size of the devclopment warranted a right turn lane, but he indicated his client would be glad to provine for one if the Board felt it was necessary. Chairman pistor nsked if the County eventually ~-lanes Rattlesnake Hammock and places a median in this area, whether the developer is anticipating a cut-through in said medi~n for the entrance to the site, and Mr. Assaad explained that the present right-of-WAY is 100' and the subdivision regulations require a 135' right-of-way. lie st~ted that his client is proposing to donate to the County one-half the difference between those two amounts of right-of-way, which is 17 And l/? feet anytimc the County nceds the land. Pur'ic Work Administrator/county Engineer Clifford Barksdale said that although the Comprehensive Plan land use amendment application did not include the rezone petition, the traffic planner did review the rezone petition, and his recommcndation is that the entrance to the development be off Hawaii Blvd for some of the reasons which Chairman pistor questioncd. Responding to Commissioner Kruse's question rcgarding price range of the proposed un~~s, Mr. Assaad said he estimated that the units would be above 10w income and compatible with the ncighborhood units which, he believed range in price from $50,000 to $70,000 per unit. Commissioner Wimer said that the discussion should center on th~ Comprehensive Plan amcndment, because the issue becomes confusing when rezone factors are prcsented. He said the rezone discussion should he held at another time and place. IOOi 059 PAtE 662 Page ) ~ BOOK 059 PAGE 663 March 3, 19111 The following persons spoke in opposition to Petition CP-80-1r,C: Mr. ,lM1CS n. Polis Mr. William S. Pettit Mrs. ~. Ford KAnnedy *Mr. Jerry r.. nosenthal ~'s. I"'ori'l E. Palmer Mr. Kcnneth Finlay "'S. P,lrhiHa Keim Mr. ^lfred T"leProspore Mr. J~ck Stanley, registered but declined to comnent. · I'r. nosenthal g,we eight (8) photographs, as exhibits, for Board considcration regarding sewer system overflow in front of his home. ^ll the opponents of petition CP-PO-lr.C stood up at the request of ~'s. Palmer. No count was taken. Noting th"t the State law for comprehensive pl~nning is a separ~te issue from zoning, Commissioner Wimer requested that Community ~evelopnent Director Terry Virta explain the nifferences between land use amendments and zoning issues and the constraints which apply to same. Mr. Virti'l stated that petition CP-PO-Ir.C is not a rezone, or a variance, but is a petition to amend the Comprehensive plan for Collier County, which Was prepared and adopted hy the ROArd of County Commissioners in May of 1979, pursuant to a State mandate that local units of government prep~re and MJopt such a plan. lie said those plans ~re review~~ periodically and hy initiation of either staff, Board, planning "'Jcncy or by pctition from indivic1ui'll property owners, the plan is re-evaluated and examined in specific areas, to determine if Lhe land usc designations are appropriate, as currently shown on the pli'ln. Mr. Virta explained that in petition CP-OO-lr.C, the property owners requested such an examination which the staff has done from all Page 16 March 3, 19111 aspects, i.e. surrounding land usc, traffic, utility systcm, and staff has m~de the rccommendation that a land usc dcsignation of ~.'2 to ~n units pcr acre is more appropriate than the prescnt designation of 0 to 4 units per acre. lie s~id in that ~ecommendation, however, thc staff and a rcviscd Comprehcnsive Plan would indicate that somewhere in the range bctween ~.2? and ]0 is thc appropriate figure, that numbcr to hc reachcd whcn zoning questions are addressed. Commissioner Wimer askcd ~r. Virta to explAin thc types of ques- tions which are appropriate to address during a Comprehcnsive Land Use Plan changc, as compared to the types of issues addrcssed during a rezoning change. ~r. Virta said that during a land use request changc the evaluation is not at the same depth as the examination of a piece of property which occurs when a rezoning pctition is before the Foard. In a rezonc petition, he explained, the discussion is comprise~ of specific numbers of units, definite amounts of traffic and population generation, and specified amounts of wAtcr needs and effluent. In a Comprehensive Land Use amendment petition, Mr. Virta said, the relationship of a piece of land to the land surrounding that property is discussed. He re-emphasized that in petition Cp-eo-l~C a piece of pro~~rty was examined with regard to the following factors: the land haG single family and multi-family zoning, plus a provisional use for a church abutting that land; multi-family zoning is across the road: commercial zoning is in closc proximity, ~nd the propcrty is on a major arterial. Those factors, he said, were considere~ and led the staff to their rccommendation. When Commissioner Wimer asked if the Board granted this petition and the r.omprehensive Plan was amended could &OOK 059 PACE 664 Page 17 BOOK 059 PACE 665 March 3, 1981 "somebody go out and build on that", Mr. Virta answered negatively. He stated th~ property is currently zoned "nS-3", single familYf and a (,.22 to 30 units per acre land use designation would not allow building at the "RS-3" density. Mr. Virta s~id in petition CP-DO-l~C, if the petitioner who ~sked for the land US0 change fails to follow through with his rezone petition, he puts his property in "limbo", since he cannot build on the site because of the ~forernentioned conflict, and the property c~nnot be used until it is rezoned or the Comprehensive Plan changed back to the original designation for this property. Commissioner ~imer stated that he understands the confusion of the public and he is concerned because ~.22 to 30 units per acre is a wide range. He asked why the County docs not have a category for medium density which would more clearly be understood and the density amount could be "locked in" so that everyone is on the "s~me firm ground" for clarification. Mr. Virta explained that this is the year when the staff is obligated to come back to the Poard with an update for the Comprehensive Plan and this question is the primary problem which is recognized ~nd will be addressed. Pro Rill ~c^nly, representing Lely Estates, described in detail some of the acknowledged problems with the sewer system in current use, ~nd how th~sc difficulties have been h~ndled. He explained that until L~C DER notified Lely Estates, the company was not ~ware that a developer in the area had tied into their sewer lines without permission or Lely Estates' knowledge. He referred to Mr. Rosenthal's comments regarding sewer overflow and said at that particular time the large amount of rainf~ll was a contributing factor. He stated that he Pago 18 March 3, 1981 felt from conversations with the DER and the County lIealth Department, that Lcly Estates has done everything possible to remedy the sewer system. Mr. Pettit took issue with Mr. McAnly's statement by referring to a letter he received from the DER, in answer to his complaint to them. He quoted the letter d~ted February 25, I~Rl which stated, "The sewage backups expcrienced by residents of LAnai Circle were due to grcase blocking the collection lines. This caused an odor as the sewage became septic, when it was not allowcd to flow to the treatment plant." ~r. Pettit contended if the plant had been properly maintained the situation might not have occurred. Mr. Barton re-emphasized his plea for Board consideration of Petition CP-80-l~C as it pertains to traffic generation and the traffic load which lIawaii Blvd. is designed to carry; the projected new sewer system and he refuted the claim that property values would he destroyed. When Commissioner Winer asked Mr. Barton if he understood that, even if the Roard adopted thc staff recommendation, there would be no guarantee of a zoning change on the property. Mr. Barton agreed with Commissioner Wimer's statement that the burden of proof would be on the developer to try and solve some of the area problems when the re~one petition is brought hefore the Board. Commissioncr Kruse asked the County Attorney if she was correct in her interpretation that the basic question today is whether or ~ot the four Commissioners believe that n to 4 units per acre is the appropriate zoning designation for the property in question. Mr. Pickworth answered affirmatively, and said that, basically, if the Board feels that 0 to 4 units per acre is the correct zoning, the Board 800K 059 fACE 666 Page 19 BOOK 059 PACE 667 March 3, 19A1 has no legal obligation to change the designation to something else. Mr. nosenth~l asked to have two points clarified, for the record: 1. Since Mr. Rarton stated the DER had graded the sewage system as able to handle approximately son,nno gallons per day, and he acknowledge during the sudden rainfall that under 1(,0,000 ~allons per day were handled, which would be below capacity, why was there sewer back-up? ? How could Mr. Barton's proposed project achieve a 37 rating from a possible .0, when the Fnvironment~l Advisor whom Mr. Rosenthal consulted said he had not been consulted regarding the project and that department represents 5 points on the rAting scale? Mr. Mc^nly explained he hAd a letter from the DER which states the pumping station is approved for 1/? mgd. He explained that the added silt and slud~e from the sudden heavy rainfall contributed to the particular problem which Mr. Rosenthal described. **********rommissioner Brown left the room at IO:50 A.M. RF,Cr:SS: 10:53 ^.M. RF:CONVf.NF,D: II:OO A.M........... Hearing there were no further persons registered to speak regarding petition CP-P.O-lr,C, Commissioner Kruse moved, seconded by Commissioner Brown and carried 4/n, with Commissioner Wenzel absent, that the public hearing be closed. Commissioner Kruse moved, seconded by Commisisoner Brown and carried 4/n, with Commissioner Wenzel absent, that the Goard accept the staff recommendation and approve CP-AO-l~C requesting the Comprehensive LAnd Use element amendment from rpsidential low to medium density, 0 to 4 units per gross acre, to residential medium to high, (,.22 to ~o units per acre, with the stipulation that the petitioner write a letter agreeing not to remove, but actively support, the petition re "PUD" for 12 units per acre currently in the Community Development Department, and that the Page 20 March 3, 1981 ordinance numbered and titled bclow be adopted and entered into Ordinance Book n12.. The following letters in opposition to CP-RO-l(,C were received: foIr. Eric Larson !'Irs. R. \,anless "'s. Laura V. Harrop "'r. and Mrs. William Douglas Mr. Alfred E. Stevcns Dr. Paul and Dorothy Gross Mrs. Raymond R. Riersach Ms. Olga M. Rose Mr. Richard T. Kirchner Mr. .10scph H. Yemp Jerry f.. and f.lizabeth Rosenthal Ch;\rles ~,. and l'mily D. Jaffer Mr. John Connell Mr. W. Ford Kenncdy Carson R. and Letha Hoover Mrs. Mary Straw Conley and Bc;\ Poole Mr. and Mrs. ~,:. G. Quarles, Jr. K. ~I. Johnson ..,r. and Mrs. H. Fields ORDINANCE NO. RI-9 7\N ORDINANCE AMENDING ORDINANCF. 79-32, THF. COM- PRf.IIENSIVE PLAN FOR COLLIER COUNTY, FLORIDA BY AMENDING TilE LAND USE ELF.M~NT WORK STUDY AREA M^P 13 FROM RESIDENTIAL LOW TO MEDIUM DENSITY (0-4 UNITS PER GROSS IICRE) TO RESIDENTIAL fo'EDIlfM TO HIGH DENSITY (~.22-30 UNITS PER GROSS ACRE) ON TilE FOLLOI,ING DESCRIBED PROPERTY: 1\ PORTION OF BLOCK 17, UNIT 1, LELY TROPICAL ESTATES SUBDIVISION, AS RECORDED IN PLAT BOOK 8, PAGE 50 OF TilE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVf. DATE. aDDI 059 PAtE 668 Page 21 MQK 059 PACE 669 March 3, 1901 BCC WORK~1I0P RE ENFORCEMENT OF FIRE CODES IN BUILDINGS IN COLLIER COUNTY - "CIIEDULED FOR 3fIO/?,I, AFTERNOON. Ch~irman pistor noted that he had received a report from the County M~na~er, which includes a report from thc Community Development Dcpartmcnt on the change or enforcement of fire codes in Collier County. Noting th~t he hAS read the rcport and he feels this subject is complex enough to warrant a workshop to be held on this subject, he ~csi~nate~ the afternoon cf March In,10Pl for such ~ workshop. Chairman Pistor asked that the press give adequate coverage so that intcrcstc~ r~rs0ns will he aWure of this fact. OROI~^NCE NO. 8]-lr RE PETITION CP-PO-18C, RE KIMBREL, BURNS, AN~ CM,LM'DEf1 Rf.0UESTING cn~'PRE!lENSIVE PLAN L"ND USE ELEMENT AMENDMENT Ff10M r-~ U~IT" PER GROSS ACRE TO ~.77-3n UNITS - ADOPTED WITII TilE STIPULATIm' TIII'.T ^ COMP^NION Rf.ZO~F: PETITION SET THE MAXIr-<UM OF 12 UNITS PF.f1 "eRr: Lc~al noticc having been published in the Naples Daily News on January 30, 1981 as evidenced by Affidavit of publication filed with the Clerk, puhlic he~ring was opene~ to consider Petition CP-PO-1PC, filed by Wafaa Assaad, representing Kimbrel, Burns, and Callander requesting ~ Conprehensive Plan land use element ancnunent fron residential low to nediun density (O-~ units per acre) to ncdium to high clensity (15.27-30 units per acre) for land loc~ted north of state Road 8~, about I and 1/2 miles west of State Ro"d n51. planner nicl1ard lIenderlong referred to the Executive Summary dated 2/19/8] to describe the property to which petition CP-AO-18C refers, and he inuic~ted the location on an overhead map as the site in question relates to State Road 84 (Davis Blvd.), Radio Road Page 22 . . March 3, 1981 and State Road 951. Mr. Henderlong described the zoning on the adjacent land as follows: to the north, low to medium residential (0-4 units per acre); to the e~st-northeast, residential low to medium density (r,.27-30); and property to the south is agricul- tural, zoned low to ~edium (0-4). He explained the parcel of land is approximately r,o i1cres of land. He noted that when the Compre- hensive plan WAS adopted in 1979, the plan did not provide sufficient ~edium to high residential density areas for future development. Mr. Henderlong referred to the Executive Sum~ary which explains the reasons for staff recommendation for approval with regard to the need for multi-fa~ily residential rental units which would not i~pact an established or existing residential single family development, and he noted that the proposed use would be an efficient and economical extension of community support services and facilities. On January 29, 19RI, he said the CCPA held a public meeting and by a vote of 5/0 recommended approval of CP-BO-IBC, based upon the maximum of 17 units per acre by companion rezone and the need to provide for more rental housing in Collier County. Mr. Wafaa Assaad of Wilson, Miller, Barton, SolI and Peek, representin~ the petitioner, explained that petition CP-BO-lBC addresses a definite need in Collier County, and he said the site was specifically selected because of the following reasons: 1. The site is highly accessible. 2. The site is not surrounded by existing developments. t'a<jc 23 aoox 059 PACE 570 ~OOK 059 PACE 671 March 3, 1981 3. There is a complete range of community services and f~cilities available to the property. Mr. Assaad explained the developer has a companion "PUD" rezone petition filed and in process in the Planning Department. He indicated three representatives of the dcveloper Are present if the Board has any questions. Commissioner wimer commented th~t hc hoped the project would be successful. He~ring thilt no one was registered to spcak from the public, Commissioner Rrown moved, seconded by Commissioner Kruse and c~rrie~ ~/n, with Commissioner Wenzel absent, to close the public he~ring. Commissioncr Wimer moved, seconded by Commissioner Brown ~nd carried ~/n, with Commissioner Wenzel absent, th~t petition cp-nn-IRC be ~pproved as recommended by staff with thL stipul~tion that a companion rezone petition set the m~ximum of 12 units per acre and that the ordinance as numbered and titled below be adopted and entered into Ordinance Book No. 12. ORDINANCE NO. PI-lO AN ORDINANCE AMF.NDING ORDINANCF. 79-32, THE COM- PRF.llENSIVE PLAN FOR COLLIER COUNTY, FLORIDA, BY AMF.NDING THF. LAND USE ELEMENT \~OR'< STUDY AREA MAP !3 FROM RESIDENTIAL MF.DIUM DENSITY (n-~.22 UNITS peR GROSS ACRE) TO RESIDENTIAL MEDIUM TO HIGH DENSITY (G.22-30 UNITS PER GROSS ACRE) ON THE FOLLOWING DF.SCRJRED PROPERTY: THE F.AST 1/2 OF THE EAST 1/2 OF TilE SOUTH~JEST ] /~ ANI' THE v!EST l/? OF TilT' NORTH EAST 1 / ~ OF TilE SOUTl1\'lEST 1/4, SECTION 4, TOWNSllIP 50 SOUTH, RANGE 2G EAST, COLLIER COUNTY, FLORIDA, LESS ROAD RIGHT-OF-WAY: AND PROVIDING AN EFFECTIve D,A,TE. page 24 March 3, 1981 .....Commissioner wimer left the room: 11:12 A.M.; Returned: 11:15 A.M...... ORDIN^NCE NO. HI-II RE PROHIBITION OF GLASS CONTAINERS ON rUBLIC BEACHES ^ND BE^CII ^CCESS AREAS OF COLLIER COUNTY - ADOPTED Legal notice havin~ been published in the Naples Daily News on Febru~ry 11, 19RI as evidenced by Affid~vit of publication filed with the Clerk, public hearing was opened to consider the proposed ordinance regarding prohibition of glass containers on public beaches and beach access areas of Collier County. County Manager C. Willian Norman briefly explained the proposed ordinance which prohihits glass containers from being brought to the public beaches and beach access areAS of Collier County. North Naples Civic Association representative Mike Zewalk heartily encouraged the Commiss:oners to pass said ordinance and said such an ordinance to protect the beaches anc users from broken glass is an utmost need to the people of Collier County. Commissioner Prown thanked Mr. Zewalk and asked that his comments be recorded. Hearing that there was no one else registered to speak from the public, Commissi~ner wimer moved, seconded by Commissioner Brown and carried ~/O, with Commissioner Wenzel ~bsent, that the public he~rinq be closed. commissioner Wimer moved, seconded by Commissioner Brown and carried 4/0, with Commissioner Wenzel absent, that the Ordinance as numbered and entitled below be adopted and entered into Ordinance Book No. 12. &001\ 059 PACE 672 page '5 March 3, 1981 BOOK 059 PAGE 673 ORDINANCE NO. 81-11 AN ORDINANCE PERTAINING TO Till': PUBLIC BI':ACHES AND BEACH /lCCESS ARI':AS OF TilE COUNTY; PROHIBITING THE T/lKING OF GLI\SS CONTAINI::r.S ON THE BEACIIES /lND BEACH ACCESS ARE/lS; AND PROVIDING /IN EFFECTIVE DATE. Page 26 March 3, 1981 RATE INCREASE WASTE MANAGEMENT (YAHL BROS.) - APPROVED; REVISED ADDENDUM TO RATE STRUCTURES AND I\UTIIORIZATION TO BILL IN ADVANCE FOR COMMERCIAL CUSTOt-1ERS TO BE PREPARED AND BROUGIIT BACK TO BOARD FOR ADOPTION - APPROVED. PROPOSED REVENUE OF S794,OSI (27% RATE OF RETURN BEFORE TAXES - AT TIIIS TIME) - APPROVED Legal notice having been puhlished in the Naples Daily News on February 1, 1981 as evidenced by Affidavit of publication filed with the Clerk, public henring was opened to consider a rate increase requested by Waste Management, Inc. (Ynhl Brothers Waste Disposal). Public ~orks Administra~or/Engineer Clifford Barksdale said the County's consultants, Associated Utilities Services, Inc., h~ve submitted their study and recommendation, copies of which are in the Executive Summary dated 2/20/81. Mr. Barksdale explained that with this rate request, the staff is recommending the consideration of the elimination of the once-a-week back yard service, because of the difficulty of administering the increased costs associated with said service. Mr. Barksdale stated that the County consultant witnesses, Mr. Joseph F. Brennan and Mr. Stuart McDaniel, are present to explain their recommendations and answer any questions. Attorney Jack Stanley, from Vega, Brown, Nichols, Stanley and Martin, representing Yahl Brothers Disposal, pointed out to the Board that the franchise agreement calls for the hearing rate to be ~ quasi- judicial hearing; Yahl Bros. has a court reporter present; and the company intends to present sworn testimony for the Commissioners' consideration. He introduced Co-Counsel Attorney Ira Abrams, from Miami, and explained that Mr. 7\brams would do most of the cross examinations of the witnesses. Mr. Stanley stated that Yahl Bros. General Manager Ron Markham and District Controller Edward C. Bacom aoox 059 PACE 674 page :17 alWll 059 PACE 675 March 3, 19B1 would also testify. Mr. Stanley stated that Waste Management of Florida took over Yahl Brothers' operation on July 1, 1979, and, he said, since that time the services and financial records have been upgraded and expanded with over 1/2 million dollars spent on equipment. He pointed out that the franchise ageement provides that Yahl Bros. or Waste Management, Inc. is deserving of a fair return which includes a reasonable profit. Mr. Stanley said the cour~~ 'q consultant has said that the rate base, rate return approach is the proper approach, and he noted his firm agrees with this statement. Mr. Stanley said that on I\pril I, 1980, based upon County Consultant Brennan's recommendation, the Board approved a 27% rate of return for Yahl Bros. and contended that testimony would prove that Waste management "came no where near" that dollar figure, but actually the firm lost dollars on the Collier County operation. According to the consultants' report, Mr. Stanley noted that Mr. Brennan is, this year, recommending a reduction of 25% for rate of return, which he deemed unfair. Mr. Stanley referred to Associated Utility Services' Inc., projection last year, which stated that based upon their recommendations for rate increases, Yahl Bros. would take in an additional approximate $19~,OOO. He said that in I\US's report this year, the Company stated they suspected that the money would not be produced, and Mr. Stanley contended that AUS now admits their Page 28 March J, 1981 suspicions were confirmed. He said that more people switched to twice a week curbside service than was anticipated, which resulted in lower revenues to Yahl Bros. Mr. Stanley stated that since Yahl Bros.'s budget was prepared last summer cost factors have escalated. He refuted Mr. Brennan's assumption that the prine rate for the year would avera~e l~' ann that the 14% was about equal to the prime rate in 1980. Mr. Stanley re- minded th~ ~0~rd that any rate increase approved at this hearing would be collected effective ^pril I, 1981; since a full year of 1981 figures were used for revenue generation by Yahl Bros. and Mr. Brennan, but ~onies collected will only he for 9 months, Mr. Stanley contended the projected revenue generation would not be accurate. Mr. Stanley said that ^US's customer count of 2100 is an artificial figure, since ^US based the multi-units (condominiums) customer count on January, February, and March figures. He stated those three months are peak usage months hut that June, July and ^ugust customer count is much lower. His firm averaged the year and used the customer count figure of 1350. He stated since the report w~s prepa~ed, fuel costs h~ve "sky-rocketed". Mr. Stanley listed the following concerns to substantiate his argument for Yahl Bros.' rate increase request: I. Fuel costs have escalated since the budget was prepared; he referred to a recent newspaper article which stated Collier County is the most expensive place to buy fuel in the State of Florida. 2. The Sfi,OOO figure allocated for bad debts feel a more realistic figure is S24,000. the reasons for this contention. is low; Yahl Pros. He elaborated on "ell 059 ~676 Page 29 &~ 059 WE 6TI March 3, 1981 3. If the County consultant's recommendation for 25% rate of return was approved, and that figure was used, and if the extra projected expenses that Yahl Dros. contends the company deserves were added, an additional ~~ cents, per month, per customer increase would result; if the 27\ rate of return was approved, another 16 cents would be available to Yahl Bros. or a total of (,5 cents. ~. Yahl Bros. is in the husiness to make money and attract investment capital; the County's consultant has failed to consider the nost current data available, which would allow Yahl Rros. to make the reasonable profit which the Company's franchise agreement provides. Chairman pistor asked if yahl Bros., in their present contemplated rates, was tryin~ to achieve their profit in nine months for a full year, and he asked If such were the case, what happens next year? Mr. Stanley stated that the company has asked by letter for next year's rate hearing to he scheduled, before the Board, so that a full year will be covered. nesponding to Chairman Plstor, Mr. Stanley stated the conpsny ~culd like to achieve a position with the Board, whereby a fair rate of return has been obtained and any rate increase request could then he "tied Into the cost of living index". Yahl Bros. Manager Ron Markham was sworn in and he explained that the first six months' ownership was spent upgrading the equipment, which had been allowed to deteriorate, hefore service improvement could be achieved. He referred to the April, 1980 rate increase granted the conpsny by the Board, hut said that in May, ]980 Yahl Eros. was still dissatisfied with the quality of service which was rendered and a nans~ement chan~e was instituted which resulted in replacement and upgrading of office staff; the billing system was converted to conputerization; safety and driver training programs were instituted, II complaint reporting system was initiated for better service and public PlIg. ..30 March 3, 19111 . relations; work orders and preventive maintenance were instituted; over 300 cOMmercial containers have been repaired; and the company is still in the process of upgrading commercial service. He acknowledged some problems remain but contended there h~s been a "lOO~ turn-around" in service, which Yahl Bros. provides now. He concluded that Yahl Bros. Is asking the Commissioners to allow the company to collect the revenues, which will allow the rate of return previously granted by the Commission. Co-Counsel Ira Abrams called District Controller Edward C. Racom, who was sworn in and gave his background, experience, and educational qualifications; and indicated he has had approximately fi and 1/2 years g25 experience in the waste industry, since he had audited Waste Management, Inc. while he was employed with the auditing firm of Arthur Anderson and Company; he has been employed by Waste Management, Inc. for 3 and 1/2 years. A long cross examination followed during which Mr. Bacom testified to the following items: I. On behalf of Waste ~anagement, Inc., Yahl Bros. Disposal, on approKimately June ]5, 1979, he entered into a franchise agreement and addendum with Collier County; he identified the franchise agreement and ~ddendum No.1, shown to him by Mr. Abrams; stated to the best of his knowledge, though the copies were not executed, that said documents were the same agreement and addendum; and Mr. Abrams offered said documents into evidence. 2. lie stated that he understood that according to said franchise and addendum, the documents were to provide a basis for the Commission to give Y~hl Bros. a rate of return; he filed an application of rate increase; appeared before the Board approximately April 1, 19RO; and the Board approved a '7~ rate of return on investment. 3. For calendar year ending December 31, 19BO, the Company PAge 31 MOX 059 rACE 678 M(lX 059 PACE 679 March 3, 1981 sustained a pre-tax, pre-interest loss of $55,500, which is a negative 4.8% return on investment. 4. lie reviewed ^ssociated Utility Services', Inc. current report, suhmitted for consideration in conjunction with the currcnt petition for a rate increase; he does agree with the findings of the County's consultant with respect to rate base, which is the company's investment reflected in the deprcciated value of the company's fixed assests plus a component to provide the company with working capital to operate their business. 5. ITe acknowlcdged ~'r. Stuart McDaniel prepared the operating expcnse segment of the AUS report, to which Mr. Bacom rli sag rccd . Ile cx pI a 1 ned the ph llosophy wi th wh ich \o.'aste Management prepares their budgets in approximately July of each year with a final approved budget in the mid-fourth ~uarter of the year, after iL is approved by corporate. I G. Consideration of extraordinary expenses were given for the year in question; some expense projection increases now fall short of what thc company feels might happen since deregu- lation of fuel, and the manpower and equipment change which the company did as a result of managemcnt change. 7. Last year's hudget reflected maintenance area problems; this ycar's recent review of equipment measurements show the items are virtually on budget. 8. ruel conjcctured price rise by the end of l~PI resulted in an increase of fuel expense projection of $1",000 above what is alrearly in the burlget; Mr. McDaniel included SIR,SOO to be added to fuel budget expenses; the datA developed by Mr. Brennan and ~r. McDaniel for their projections took place bcfore deregulation on J~nuary 20, 1081; the original rate increase petition as of 9/30/RO was filed on 12/3/BO. Tire projections should be increased, since Mr. Bacom contended their cost will be effected hy the petroleum industry deregu- lation. n F.laboration on the !Jrocedure userl to upgrade Vahl Bros. deteriorated truck equipment was presented. 10. Thc barl debt situation was discussed; with a year-end addi- tional projection of SlP,OOO the company feels will occur in 19P1, which nccds to be covered in this rate increase request. 11. Customer count conflict was explained, since the Comp~ny answered Mr. ~'cDanicls' interrogatory with a condo count as of January 1, of 2100 customers; this was the number upon Page 32 March 3, 1981 which Mr. McDaniel baseo his computations; 2100 is the se~sonal high customer count; yearly average count woulo he 1600 or 1700. 12. Mr. Brennan used an income tax rate for the Company of ~5~1 published rate for 1979 was ~5.8~; projected rate will he approximately 4(,% for 1980 ~nd 1981. 13. Debt equity ratio was discussed; ~r. Brennan used information as of (,/30/00; published information of 0/30/80 was availahle before the ^US report of February?, 19RI; Mr. Bacom contenoed the correct oebt equity ratio as of 9/10/no was approximately ?(,~ debt, 74~ equity, which changes the relationship that Mr. Brennan oeveloped of 22.2~ debt ano 72.0% equity. Mr. Brcnnan used the same (,/30/PO oate to calculate capitalization of I-.'astc ~1ana<Jement, Inc.; publisher1 material was available after that oate. Mr. Bacon concluded that v'aste Managcment, Inc. is ask,ing thp. Board to leave the rate of return established by prcvious agreement at 27% and to give some consideration to the extraordinary expcnses ,which the Comnany expects to experience. Responding to Chairman pistor, ~r. Bacorn stated the Company buys their gasoline through bulk tanks. ********RECESS: 12:00 Noon RECONVENED: 1:45 P.M.***.... At the beginning of the afternoon scssion, Fiscal Officer/Chief Deputy Clerk Harold Hall explained he would administcr the oath to those witnesses 'who appeared before thc Board, and he oid so as each witness appeared. Mr. Abrams requested permission to continue covering areas of concern with questions to Mr. Bacom. Mr. Bacom clarified that the revenues which he was seeking on bchalf of Waste Managenent, Inc. WAS 3/4's of a year because, the first quarter revenue is forever lost. Mr. Abrams askeo that the rate application and the budget be marked and offcred as evidence and asked that these items be covered later in the ~ 059 I\\tf 680 page 3J BOOK 059 PACE 681 March 3, 1981 discussion. ^ discussion followed during which decisions were reached re~nrding the order of appe~rance of witnesses for Waste ~anagement and the County. During ~r. Ahrams' questioning of Mr. Bacorn, Mr. Bacom explained that ~aste Manngement, Inc. would ask the Board to consider an ndditional S7~,nOn for expenses due to cost escal~tion and the higher income tax rate of ~5.?~. Mr. Bacom explained the 7.7\ rate of return which is requeste~ is pre-tax, pre-interest. Chairman pistor questioned the importance of the 6/30,/80, date as it relates to the figures used hy Mr. Brennnn, and Mr. Abrams stated that the testimony would show that the data available after r,/3n/AO was absolutely essential for a fair return to be computed. l1e stated that the statement of Waste Management, Inc. is a consolidated statement; he clarified Mr. Bacon's earlier testimony regarding debt ratio and said Waste ~anagement believes Yahl Bros. should stand on its own. Another discussion covered the way in which the witnesses would be allowed to testify for hoth ~aste Management and the County, with the decision made that Mr. Silverman would he recognized as nn expert witness for Waste Man~gement, Inc. and that no new information would be introduced by Waste Management, Inc. that is not included in their report. risc~l Officer lIall administered the oath to Mr. Stuart ~cDaniel and Mr. Joseph r. Brennan, of ^ssociated Utility Services, Inc., County Consultants. Mr. Brennan took issue with Waste Management's estimation that gasoline will cost $7..0,5 per gallon by the end of 1~8l. Mr. McDaniel referred to the l/B/Bl, Interrogatory ~7 and quoted: "~xplain any unhudgeted expenses items." Mr. McDaniel noted that the answer to Page 34 March 3, 19A1 this item was a question mark; he contended that Waste Management, Inc. had ample opportunity to include amounts for unbudgeted expenses. Responding to Mr. McDaniel, Mr. Bacom clarified how the condominium customer count discrepancy occurred. ^fter continued discussion, Mr. McDaniel asked what rates Waste Management, Inc. w~s now requesting, and ~r. Racom stated the company was asking for the opportunity to earn 27% return on income which would generate revenue residentially of $8fi8,100; total revenue of ~1,7~7,(,95. ~r. McDaniel said it was his undarston~i~g that the Po~rrl Wng to approve rates the Company will charge; ~r. Ahrams took issue with this statement and said under the franchise that the only issue to be decided was a rate of return and that individual pick-up charges were not to be dccided at this time. Mr. Brennan contended once a revenue requirement is established that specific rates are established, that the way to develop rates is to establish what the expenses and investments are; he added that rate base, rate of return methodology is the technique employed to "get the rates". Commissioner Kruse noted that the agenda item and public notice stated the hearing was to set the rates and to approve a rate increase and that nothing was said about a percentage of return for the Company. County Attorney Pickworth agreed. During Mr. Brennan's testimony he refuted Waste ~anagement's contention that gas costs would be as high as the Company is esti- mating; he related how he achieved the figurc of $1.41 per gallon of gasoline in his computations; and how he computed his recommendation of 25\ rate of return before interest. A lengthy discussion resulted in Mr. Brennan explaining why he used Value Line Beta data, explanation of ~O~~~ Page 35 &OOK 059 rm683 March 3, 1981 what Beta data is and why his figures differ with the data used by Waste Management, Inc. lie explained his recommendation of 25\ hefore income tax overall rate of return; said he used Waste Management, Inc. as the parent of Yahl Bros., as a whole proxy, which is a technique employed by many regulatory juris~ictions, when hoth the debt an~ equity are r~iserl hy the parent. He noted that in late 1900 Waste Management, Inc. sold $25 million tax free bonds that paid 7 and l/Z\, and that he reflected that 7 and 1/2% in his computations. He explained why his report reflects a ~5% income tax rate; and his method of computing the capital structures ratio, debt and equity. Mr. McDaniel explained his assi1nment to review expenses and investment data filed by Yahl Bros. December 3, 1980 in support of their rate application, said data based on the financial results of opc~ations by Yahl Bros. for the six month historical actual period ending September 30, 1980. He explained after that review, a field investigation and subsequent financial revenue reports for the months of October, November, December as well as January 19RI, nus used Yahl Bros. 1981 bud'Jet ilnd the actual 19f1O data and concluded this information was an appropriate basis for setting rates for this proceeding. lie elaborilted on the difficulty which resulted in obtaining an accurate customer count, and explained that though Yahl P.ros. indicated they were serving 8,3S1 customers, nu~ concluded that was understated, because the revenues being received at that time were greater than the multiplication of the number of customers times the rates. lie stated that for the purpose of setting rates, nus charged Yahl Bros. with 9,511. He explained why AUS recommended an increase of PlIge 36 March 3, 1981 $144,967, which is a 23.1% overall increase in the present rates. Tires: He refuted the Company's increased expcnse rcquest for tircs, because the records which were kept last year do not accurately project what the tire expenses will be for this year, since $65,000 was budgeted for this year, but only $30,000 w~s actually reflected as being uscd for tires. Bad Dcbts: lie explained that the Company included $1;,000 for this g 38 item but now claims it will be higher and he svb~itted that ~ large part of the bad debts resulted from the problems the Company inherite~ with the old billing system and that the S24,000 the COMpany claims for bad debts is not reflective of the on-going Company. Multi-Unit Concomlniums: Mr. McDaniel expl~ined that about 32 multi-unit condominium owners are billed on a bulk basis with the owners reporting the number of users at any given Month, and that the Company affords a discount from the published rates. He explained the 2117 multi-unit number furnished by the Company on 1?/17/RO, and he noted that the rate applied was the average rate, a lower rate than the actual rate as of 1?/17/80. He said based on AUS' study, the determined annualized revenues at present rates from residential customers was $(,27,000 a year, and he added if the month of January figures are used and annualized, that amount is some $20,000 higher than the former figure, which suggests that AUS' estimate is a reasonable one. Chairman pistor asked if there was an amendment to data he ha~ seen and revised schedules were given to the Commissioners with the aoOK 059 PACES84 page 37 BOOX 059 PACE 685 March 3, 1981 explanation that those schedules were presented the previous evening, at the meeting held between staff, consultants, and representatives from Waste Managcment, Inc. and Y~hl Bros. Mr. McDaniel explained two changcs which resulted in the revised schedule correcting a computation of the franchise tax and rcflecting an increase in the fuel budget of $1?, 500. He sa id those two items resul ten in a sl ight change in two of the ratcs required in order to achieve the computed revenue deficiency, $1~~,9r,7. Mr. McDaniel noted the suggestion to drop once a week back door servicc; cxplalned how excluding the present 28R customers of that service and changing them to twice a week, hack door service would indicate a rate change, the figure $7.97 would become $7.40 to produce the samc amount of revcnues. *****Commiss;0ner ~imer left the room at 7:50 P.M.; Rcturned: 7:55 P.M.***** A lengthy discussion between Mr. Abrams and Mr. Brennan occurred which covered the reasons why Mr. Brennan used Value Line Beta data instead of Merrill Lynch Beta data, used by Waste Management, Inc. with each gentleman prcsenting arguments to support their reasoning. ****Commissioncr 8rown left the room at ~:50 P.M.; Returncd At J:S3 P.M.**** Other topics covercd in the discussion were computations involved in dctermining the risk factor for Yahl Bros.; the prime rate as it applies to the calculations, weightcd averages, and increased gasoline cost estimates. Commissioner Kruse asked if the statement that Yahl Brou. '....... ..--... money refers to straight operational income and outgo or if it reflects Page 38 March 3, 1981 the purchase of capital assets, trucks, etc., which the Company owns. Mr. Brennan responded that the Company lost money on straight operations, and Mr. McDaniel explained to arrive at the net loss of $55,000, there was $115,000 non cash depreci~tion, a valid operation expense but not a cash opcrating expense. Attorney Warren Z. Silverman, rcpresenting Waste Mana~ement, Inc. as an expert witness, was sworn in by Mr. HHll; acknowledged he had read the franchise Hgreemcnt and the exhibits; which staff had forMulated as addendUM ^l; conten0en the Agreement states the County will establish a fair ratc of return and the revenues required for the company to have an opportunity to approach that rate of return. He explaincd after the rate is established, it is his view that the COMpany setS the tariffs and comes back to the Board for approval or disapproval. In a lengthy question and ~nswer session between himself and Mr. Abrams, Mr. Silverman presented his opinions to substantiate earlier testimony given that Waste Management, Inc. needed a 27% pre tax r~te of return; his opinion of the Beta factor; compared Charlotte Sanitation, a Waste Management, Inc. division in Charlotte County, where he represents the County, with Yahl Bros. operation; and he explained that Charlottc Sanitation's rates ~re guaranteed since they are in the form of an asscssment. ......Commissioner Rrown left the room: 3:28 P.~1. Returned: 3:30 P.M....... Continued testimony by Mr. SilverMan occurrcd. ....Rr.Cr.SS: 3:35 P.M. RECONVf.Nf.D: 3:55 P.M..... Commissioner Kruse noted that the last proposed rates which she MOK 059 PACE 686 page 3~ m~ 059 ~CE687 March 3, 1981 had were those rates published in the newspaper as existing, Naste ~ana~ement, Inc. requested and Consultant proposed rates. She asked if the proposed column reflects the 25% return on investment and Mr. Silverm~n answered affirmatively. When she asked if the Waste M~nagement, Inc. column reflected the 27% rAte of return or higher, ~r. Silverman anfiwered, ,"l1igher"; Commissioner Kruse asked how much higher the rate would need to be. ^t this tine, Assistant Attorney pires relayed Mr. Pickworth's request that thc heAring not proceed for a few ninutcs until hp (;nllld rptllrn t.n thp room.. Mr. Pickworth cxpl~ined that Mr. Brennan would have a short rebuttal period. Mr. Brenn~n elaborated on the prime rate; the procedure wherehy the Feder~l Reservc Po~rd changed the re-discount rate downward in Ma~ch 19rn, the narket continued on that trend until October 198n when the Fedcr~l Reserve Board reversed themselves and increased the re-discount rate and how this trend related to his computations. Ile suggested that the Merrill Lynch Company has a Beta cssentially the sar:le as a year ago for h'aste ~'anagement, whereas Value Line had a Bet~ tod~y that is significantly less th~n a year ago. Mr. J~ck Stanley returned and made a closing statement for Waste Mana~ement, Inc. coverin~ the COr:lpany's stated loss of $55,000, his contention that Collicr County has a very high cost of living, and he presented his arguments for his opinion that Yahl Bros. c~n provide the needed service at a much less cost than the customers can provide for theMselves. Mr. Barksdale stAted a fair rate of return in a franchise is subject to change each year, upward or downward. He stated he felt pag e 40 March 3, 1981 thcre had been sufficient testimony to determine a fair rate of return for this coming year; he noted that the rate of return is indicative of the risk, and the more factors which are included in the budget which take out risk, such as cost indcxing for gasolinc pricing, that in turn the rate of rcturn could be 10~ler. He indicated the following points of disagrecment between the Consultants, the County staff and ~~r at last evening's meeting and r~lated the disagreement in terms of dollars: 1. Custoner count - ~i.5,r00. 2. 8~d Debts - $18,000 1 Fuel Cost - Slr-,OOO 4. Tire Cost - $15,000 - total doll~rs disagreement $74,000. Mr. Bark~ridle explained how the staff would compromise on these four items of disH9reement as follows: 1. Customer count could he adjusted to 1~,080 to 17,000 or dollar amount of SI2,~On. ? Best debt issue should not be increased because A lot of the debt was commercial and related to the fact that the Company bills after-the-fact instead of in adv~nce as is done for residential customers. He said the County offered to inclu~e in the instructions for the rate increase this year thAt the Company have authority to bill in Hdv~nce for commercial accounts. 3. Fuel cost would be a compromise from Sl.43, County figure cost per ~allon, and 51.59, WMI's figure, to $].59 per gallon of gasoline or SB,Cno additional. 4. Tire cost would be split 50-50 to be $7,500. Mr. Barksdale stated instead of $772,004 proposed revenue on the revised statement which the Commissioners now have, $2~,OOO would be ~dded to that figure if his figures above were accepted, which would he page III aOOK 059 PACE 688 &oox 059 rACE 689 March 3, 1901 added to WMI's operating cost, so that the rate of return would remain at 25\. lie said if the Board grants just an additional $'8,000 in revenue without costing that amount to the operational side, a '-7.5\ rate of return would be given versus the 7.5% which is currently indicated in the chart. Mr. Bacom disputed ~r. Barksdale's figures and said that the following approximate rates would answer an earlier question of what the rates would he if WMI were granted their requested increase: nnce/~eek Rack Door Tllice/\^leek Curb Twice/Week Back roor ~, u I t i- Un i t ~r,.95 S".7.5 SI'.90 $r,.00 Commissioner Brown asked what the Board promised the Company last year and ~r. Bacom answered on April 1, 1980, when the existing rates were grar~ed, the Board stated the Company would be allowed to return to ask for a rate increase; he contended the Company was not allowed to return as soon as they should have heen, hut he agreed with Attorney Pickworth that the Board did not promise or guarantee a rate of 27\. Responding to Chairman pistor's question, Mr. Bacom stated the ~bove rates would generate the following projected revenue: SP"P,IOO, residential revenue and ~ total of Sl,7"7,"95. Responding to Commissioner Wimer, ~r. Bacom said that if the Commission approved \'/t-'I's request, the Company would come bilck with definitive rates, but he said he would defer to his Company's rate consultant for exact fi'Jures. Commissioner Kruse noted that she was not aware the Board was to set a given rate of return for WMI's investment at this hearing, since Pllge 42 March 3, 1901 as the situation was presented to her the Board was to establish rates, which were based upon a return for the COMpany's investment. She stated she had to know what the cost to the custOMer would be. She said that although WMI said the Board is not gUAranteeing a 25% or 27\ return that by the same token, that essentially the Board would be guaranteeing that perccntage if thc Board adjusted those rates to give the company that 25% or 27%. The end question, she stated is how much does it the affect person paying thcir garbage bill, and she contended that the consultant rate apparently was based on 25% and had an X dollar amount to the customer, whilc the WMI requested rate was probably much more, i.e. 35~ or ~O% return on investment. Now, she said ,',.,1 was asking for 27% and she did not likc plain percentagc rates. Mr. Cdcom stated WMI would accept the "rough" rates he prcviously quoted. Commissioner Kruse asked if the County Consultants were in ~greement with those ratcs, to which the response was negative. County ~'anager vJilliar1 Norman pointed out that those rates woulc1 give WMI the percentage rate of return they requested; the full increased gasoline cost requested; the had debt increase cost; and the incre~sec1 costs for tires with which the staff disagrees. The following registered speakers spoke in opposition to the rate increasc: Mr. Bruce Holly pAr. Lou Mason Mr. Donald Hodges Mr. Leo Teplow, representing Lely villas II, CondominimuM ~ssn. During Mr. Teplow's discourse, Commissioner wimer clarified that ~I)OI 059 nCE 69D Page II:! MOll 059 WE 691 March 3, 1981 the former owners of Yahl Bros. are now in the business of hauling fill and those were the trucks Mr. Teplow had seen recently on the street, which have nothing to do with Yahl Bros. business currently under discussion. Co~missioner Brown moved, seconded by Commissioner Wimer and CArried din, with Commissioner Wenzel ~bsent, that the public he~rin'J be closed. Co~nissioner Wimer asked for clarification regarding the multi-unit discount to which Mr. Teplow referred and Mr. Markham explained this practice was in process when he beca~e manager; there was no provision for the discount in the franchise; and he explained how such discount is handled. Co~missioner wimer sug'Jested that at another time this part of the franchise should be addressed with regard to multi-unit ~iscounts. Commissioner ~imer asked what the 27~ relates to after taxes and ~fter a short discussion, Mr. McDaniel referred to Schedule tr of Mr. Brennan's testimony, and stated that the overall r~te of return after taxes is It,.8d~, which includes a l7~ return on a 72.r~ common equity ratio. ^ discussion followed regarding proposed rates. Mr. B~rksdale addressed the problem of how the rates would be affected if once a week hack door service was eliminated. Commissioner Yruse noted that subject waS not covered in the published notice of this hearing. Commissioner wimer stated he was personally unwilling at this time to change the method of pickup but would be happy to discuss that item at a separate time. Mr. Silverman explAined that he had an opportunity to compute the rates at 27~ before tax rate of return; referred the Commissioners to revised schedule ~5 and noted the rates as followsl Pllge 44 March 3, 1981 Once/Week Back Door Twice/Week Curb Twice/Week Back Door Multi-Unit $6.40 $5.50 SO.15 $5.30 He stated that as these rates equate to $772,004 shown as proposed revenue, S22,047 would be added to thAt nUMher, which would generate S794,051 as proposed revenue. lie said there may he a 550 or $60 difference lower, when the rates are extended. Mr. Silverman SAid he used Mr. McDaniel's customer count on revised schedule ~5 for that computation. Commissioner Kruse noted that with those rates used, if there is a twice a week roadside pickup, 2 cans both times, that essentially breaks down to 34 cents a can and she said she could live with that. Commissioner Wimer moved, seconded by Commissioner Brown and carried d/O, Commissioner Wenzel absent, that the Roard authorize the adoption of the rates of Sh.40; $5.50; SO.15; and S5.30. ****Commissioner Kruse left the room, 5:15 P.M.; Returned at 5:20 P.M.**** After a short discussion, Commissioner Wimer moved, seconded by Commissioner Brown and carried 3/0, Commissioners Kruse and ~enzel absent, that the revised rate structure addenda, which would inc:ude the authorization to bill in advance for commercial customers, would be brought hack to the Board for adoption. After further discussion and at the request of Mr. Abrams the Board considered the rate of return percentage. Mr. Barksdale noted that the rate increase was granted without justification according to the County's consultants, and he said he felt the 25\ rate of return should be held. After further discussion Commissioner Brown moved, pag e ., S &oOK 059 PACE 692 BOOK 059 PACE 693 seconded by Commissioner Wimer and carried 4/0, Commissioner Wenzel absent, that the Board approve a proposed revenue of $794,051 or '-7' March 3, 1901 rate of return before taxes at this time. ***At this time Deputy Clerk Skinner was replaced by Deputy Clerk Brenneman.**.** POARD APrROVp.s rAY CRADE ?P (MINIMUM LEVP.L S27,9h5) FOR ASSISTANT COU~TY M~NACCR POSITION County Manager Norman ~rlvised the Board that the rccommendation being Mane is hu.sic311y the Ofl~ made the prc'w'!cus we,=,k1 with regard to the position of Assistant County Manager, with the exception that a change in the title is no longer being recommended. The reason for up- grading the position, said Mr. Norman, is set forth in the Executive Sum~~ry revised March 7, 1981, noting that a job description is at- tached to the Summary. The recommendation, concluded Mr. Norman, is for the Eoard to approve the position and title of Assistant County Manager to be classifierl within pay grade 28, the minimum level of which is ,77,9(,5. Commissioner ~imer moved, seconded hy Commissioner Kruse and carried ~/r with Commissioner Wenzel not in attendance, that the staff recommendation for reclassification of the Assistant County Manager to an increased level of responsibility and accountability be approved. RP.SOLUTION Pl-57 PE PP.TITION PU-7R-2nC, JAMES CALnERWOOD, EXTENDING PROVISIONAL USP. (5) OF "E" DISTRICT TO AUGUST 20, 19A1, FOR PROPERTY LnCATFn TN S~7, T50S, R2('F - ADOPTFD Pursuant to recommendation contained in the Executive Summary dated February 17, 1901, Commissioner Wimer moved, seconded by Com- Page "6 March 3, 1901 missioner Brown and carricd 4/0 with Commissioner Wcnzel not present, that Resolution eO-52 with regard to petition PU-7n-20C, filed by James Calderwood, extending Provisional Use (5) of the "E" District to ^ugust 20, 1981, for property located In Section 72, Township 50 South, nDnqe 26 East, be adopted. rage 47 ~~~~ . March 3, 1981 RESOLUTION OI-53 TO RECOVER FUNDS EXPENDED BY COUNTY TO ABATE PUBLIC NUISANCE ON LOT 3, BLOCK 3, NAPLES MANOR ADDITION - ADOPTED Commissioner Wimer moved, seconded by Commissioner Brown and car- ried 3/1 with Commissioncr Kruse voting in opposition and Commissioner Wenzel not present, that Resolution eO-53 to recover functs expended by the County to abatc a public nuisAncc on Lot 3, Block 3, Naples Manor Addition, property owned by W. Dale Cain, be adopted. 800~ 059 PAr.r 696 rag e 1lI1 March 3, 1991 RESOLUTION HI-54 TO RECOVER FUNDS EXPENDED BY COUNTY TO AB^TE PUBLIC NUISANCE ON EAST IOO' OF LOT 14, UNIT 1, MYRTLE COVE ACRES, BLOCK ^ - ADOPTF.D Commissioner Wimer moved, seconded by Commissioner Brown and car- ried 3/1 with Commissioner Kruse voting in opposition and Commissionor ~Ienzel not present, that I'lesolution eO-54, to recover funds cxpendc<'l by the County to abatc ~ public nuisance on the East IOO' of Lot 1 A ~ ., I Unit I, ~yrtle Cove Acres, Rlock A, property owned by Ernn~ Jo Atkisson, be adopted. Mal 059 rACE 698 PlUlC II!! March 3, 1981 RESOLUTION fll-55 TO RECOVER FUNDS F:XPENDm BY COUNTY TO ABATE PtlRLIC NUISANCE ON LOT 3, BLOCK G, FLAMINGO F:STATES - ADOPTED Commissioner Wimer moved, seconded by Commissioner Brown and cnr- ried 3/1 with Commissioner Kruse voting in opposition and Com~issioncr Wenzel not present, that Resolution nO-55, to recover funds expended by the County to abate a public nuisunce on Lot 3, Block G, Flamingo Estates, property owned by Kimball, be adopted. 800K 059 PAGf 700 PllCjO 50 March 3, 19111 CIIAIRMAN AUTIIORIZED TO SIGN CONTR"CT BE'JWEEN THE ST"TE MEDIC"L EXAMINER~' CO~~ISSInN AND COLLIER COUNTY Pursuant to recommendation contained in the Executive Summary dated February 7.3, 1981, as prepared by the Public Safety "d~inis- trator, Commissioner wimer moved, seconded by Commissioner Brown and carden ~/o \~ith Com",ission"r Wenzel not present, th~t the Chidrman be ~uthorizen to sign the Contract between the State of Florida IIR9 ~edjcal Examiners' Com",ission and Collier County to provide State supplcmcnt~l fu~dz for County Mp~ic~l Exnminer services. ~Ol 059 m.E 702 Pa90 51 MDK 059 PACE 707 March 3, 1981 STATUS REPORT OF ACTIONS ASSOCIATP.D WITH COUNTY ASSUMING AMBUL^NCE SERVICE RY rURLIC SAFETY ADMINISTRATOR; RP.COMMENDATIONS FOR SUIT^BLE M'RllLM,CP. STATION LOCATIONS IN F.AST NAPLF.S AND NORTH NAPLES TO BE pnp.SENTED TO POARD 3/1n/nl; PROPOSED DF.SIGN FOR COUNTY LOGO TO BE AFFIXED TO A~nULANCE VEHICLES - APPROVED Public Safcty Administrator Thomas Hafncr reported to the Board thc actions which have takcn placc for the County to assume rcspon- sibility of the ambulance service, as detailed in the Executive Sum- mary diltccJ rebruilry 7.7, 19"1. }I,mong the actions, s~id Mr. Hafner, is the sclection of an EMS DepDrtment Dircctor who will be in place per- manently during the weck of March 9, lQ81, arrangements for an office to house thc Director and act ilS a storage area for medical supplies, and the location and arrangement for the North Naples ambulance. Mr. llilfn"r eXfOlilined that the ~lorth Nilples Fire T'epartment Chief has in- dicilted that it is fcasible to park the North Naples ambulance at their Station '7, ano that the ambulance crews will be welcome to use their lounge and kitchen facilities. It is proposed, continued Mr. Hafner, that a small trailer be purchased and placed directly behind the hose dryin~ rack to provide sleeping quarters for the crew. fir. Pafncr said that it is further proposed that the Naples ambulance will be located and ambulance crew housed at the F.ast Naples Fire Department, Station fll, on Airport Road, ilS coordinated and approved by the East Naples Fire Chief. Also, it is further recom- mended that letters be scnt to the Marco Island Fire Commissioners, Golden Gate rire Association, and Immokalee Fire Chief requesting permission to use the present facilities for ambulance stations. The proposed arrangcmcnts wcre discussed covering such aspects as the rental for the office fAcilities, the cost for thc proposed trailer PlIqe 52 March 3, 1981 and necessary renovations, the lack of other suitable facilities, and the like. Commissioner ~imer expressing concern thnt the location of a trailer, where suggested, would be objectionable to the residents of the North Naples are~ and also stating his prefercnce for not splitting up the operations in each of the two areas. The Commissioner voiced his appreciation regarding the offcrs made by the respective Fire ne- partments, but reiterated his desire for adequate facilities. Mr. Hafner pointed out that the proposcd arr~ngemcnts would he temporary, noting that he has been working with the consultants on the design for the ncw building program. It was suggested hy the County ^ttorney that perhaps a month-to-month lease for a ~orth Naples loca- tion could be negoti~ten. Commissioner wimer snid that he agreed with the efforts being put forth to save money but that he did not think that the suggested arrangements provided ar.eguate facilities and requested that efforts be made to locate complcte facilities both in the North Naples and East Naples areas. The Chair directed that Commissioner Wimcr's suggestion be implemented and that a report be forthcoming at the next Board meeting. Pursuant to an additionnl recommendation contained in the suhject Executive Summary, Commissioner Wimer moved, seconded by Chairman pistor and carried ~/n with Commissioner Wenzel not present, that thc proposed design for the County logo to be affixed to the cab doors of each vehicle be approved. Page 5:\ ~OOK 059 rACE 708 BOOK 059 PACE 709 March ), 1981 RIGIIT-OF-W,W M^P FOR IMPROVF:MF:NTS TO PORTION OF C('HlKSCRF:W ROAD (CR 850) ^ppnOVED FOR CH^InM^N'S SIGNJ\TURE, J\ND FOR RECORDATION; INTER-LOCAL ^GREF~FNT BETWEEN COLLIER COUNTY ^ND LEE COUNTY RE S^ME - APPROVED FOR CHAInM^N'S SIGN^TURE Public Works J\dministrator/Engineer Eilrksdale cxplained thllt tho Roard is hein9 requestcd to approve, for execution by the ChairMan and recording, a right-of-way map; also the approval and execution of an inter-local agreement between Lee County and Collier County, for the purpose of improving a one-And-one-half mile section of Corkscrew Road. lie refcrred to the Executive Summary dilted February 19, 1981 for the reasons such rccommendations are being made. Commissioncr Brown moved, seconded hy Commissioner Wimer and carried 4/0 with Commissioner Wenzel not present, that the staff recommendations he ilpproved; i.e. that the right-of-way map be approved, that the Chairman be authorized to executc subject map, and the nap recorded as evidence that the specific portion of Corkscrew Road is a public right-of-w~y; and, thAt the Inter-Local Agreement between Lee County and Collier County for the purpose of sharing the cost of specific surfacing improvements, be approved, and the Chairman authorized to execute said J\greement. Page 54 March 3, 19BI PRELIMINARY ACCF.PTANCE OF LIVINGSTON ROAD (ENTRANCE ROAD TO WYNDF.MERF. SUBDIVISION) rOR ONE-YF.AR ~AINTENANCF. - APPROVF.O For the reasons set forth in the F.xecutive Summary prepared by the Public \oforks Administriltor/Engineer, Commissioner Brown moved, secon(led by Commissioner Kruse and carried 1/0 with Commissioner Wenzel not present, that the Hc~rrl iluthorize preliminary acceptilnce for one-year maintenance of LivinCJston Road, entri'lnce roar] to v!yndemere Subdivision, as recoT'1mended. ROAD CONDITIONS CONNF.CTEO ~ITH CONSTnUCTION or IMMOKI\LEE SEWEn SYSTP~ TO BF: H!SPF:CT!'D 'JnE rRF:GU!'NTLY, M; RF.0lJfSTfr' BY CO~l1.1ISSInNr.R P.ROl''N Commissioner Prawn expli'linecl that it has been brought to his attention thi'lt there is a need for closer supervision of the restoration of the roadways pursuant to the construction of the Im,;.)kalee Sevier System. fie sa id that. there is a rlarked improvement for a short t.ime aft.er Public V'orks 1\c1ministriltor/ F.nCJineer Barksdale has visited the site, but "dies down" following his departure. Mr. Barksdale said that he will make an attempt to inspect the project more often in the future. GRANT rRm,' rLOnID^ ENDO'..Ir-'ENT rOR TilE fllJMANITIF:S FOR SOUTfll-!Ef,T FLORIf"~ M{CII^EOLOGTCM. SGCICTY - ACCEP7EO; rROPfR ARRMIGfMENTS TO OF: r>'!\DE FOr; rROCF:SS !'Ill. CR,\NT rIINO:.; CIIA I R~1M' JlUTlIOR I Z PO TO 5 IGN DOClJ~1r.NTS FOR GP""IT ACCEPTJI,NCF: Pursuant to staff recommendation, as contained in the Executive Summary dated Pebruary 7.0, 1981, Commissioner Wimer moved, seconded by Commissioner Brown and carried J/n with Commissioner Kruse temporarily absent and Commissioner Wenzel not present, that the FEll Grant for the Southwest Florida Archaeological Society be accepted; that the Fiscal Page S~ &OOK 059 fACE 712 MDK 059 rACE 713 March 3, 19R1 Officer be directed to make arrangements to process the Grant fundsl ~nd, th~t the Chairman be authorized to sign the necessary documents for the acceptance of the Grant. CONTf1ACT \'iITH IIRS rOR FUNDS TO FIRE TWO MlrlITIONAL lIN'E,.,AKEI1S FOR FOUR MONTHS - A r rROVr.D FOR ClIA I R~\AN' S SIGNATURE; BUDGET AMENDMENT FOR APPRO- PRIATION or rllNns TO Br. PRr.PARED Social Services Director Martha Skinner informed the Board that approximately el0,OOO is heing offered by the Florida Department of lIealth and Rehabilit~tive Services of the State of Florida for the purpose of hiring two additional ho~emakers for the 1I0memakers Service of Collier County in order to provide homemakers service to more of Collier County's functionally impaired senior citizens. She pointed out that ~ County match of $99~ will be needed. Responding to Chair- ~~n Pistor, ~s. Skinner said that sufficient funds are not available in the budget but that she recommends the expenditure, noting that there is a waiting list of approximately seventy individuals who have re- quested the service. When asked to comment, Fiscal Officer Hall said that he could "find" the appropriate matching funds. Commissioner Prown moved, seconded hy Commissioner Wimer and carried ~/O with Commissioner Kruse temporarily absent and Commissioner ~enzel not present, that the Board take the necessary action to accept the suhject funds from !IRS hy authorizing the Chairman to sign the per- tincnt contr~ct, and that a budget amendment appropriating the funds be approved. Page 56 BOOK 059 PAGE 72.7 March 3, 1901 PUB LTC Ilr.lln ING TO CONS I Dr.R REVIS IONS TO TIlr. SYSTr.~' l'lEVELOPMr.NT CHARGES Fan CONNECTIONS TO COUNTY'S sr.wr.n FIICILTTIr.S WITHIN SERVICE AREA "A" r."TIIPr.rSIIED FOR MIIRCIl 31, 19RI Utilities Director Irving Berzon reported that the date of ~~rch 31, 1981 h~s been suggested for the purpose of holding a public hearing to consider revisions to the ordinance pertaining to system development charges. He said that it is being proposed that rates be increased approximately 9%, based on the consultant's estim~te for providing sewage treatment and transmission facilities in the North Nnplcs <1reC1. Commissioner ~imer moved, scconded by Commissioner Kruse and carried t/0 with Commissioncr ~enzel not present, that the Board ilpprovc the d,ltc of March 31, 19P1 for holr1ing a public hearing to hear commcnts regarding the prcposed revisions of County Ordinance 78-17, as recommcnded hy staff. nr.SOLUTION Pl-Sr. TO r:xr.f1CISr. COUNTY'S POv'Ef1 OF F.MH'H'T DOt'AIN FOR nIGI:TS-OF-\':IIY RF:':1Ulrf.r:: TO CO"J"TRUCT PHI!': f1IDGE ROllE' F.XTEI\'SION - ADOPTEJ:I County IIttorncy Pickworth cxplained that there are 20 parcels re- mJining to be acquircd for the purpose of constructing pine Ridge Road F.xtension. IIttorncy Pickworth said that ten of the parcels have been negotiatcd but that the other ten have to be condemned, pointing out that negotiations for the subject parcels will continue up to the final court hearing, but that "it is necessary to get the thing underway". Commissioncr Wimer moved, scconded by Commissioner Brown and carricd ~/0 with Commissioncr Wcnzel not present, that Resolution 80-56 pertaining to the excrcise of thc County's power of eminent domain for PIge 57 March 3, 1981 the rights-of-way required to construct pine Ridge Road Extension, be adopted. &OOK 059 I'm 728 paqe Sf! March 3, 1981 RESOLUTION 01-57 AUTHORIZING EXCII^NGE OF PARCEL OF COUNTY LAND IN RETURN FOR P^RCF.L RF.QUIRF.D FOR GOODLF.TTF. RO^D CO~STRUCTION PROGRA~ ADOPTED; CH^IRM^N AUTIIORIZF.D TO SIGN ST^TUTORY OEF.D HE SAME Pursuant to brief explanation by County Attorney pickworth, Commissioner wimer moved, seconded by Commissioner Brown and carried ~/n with Commissioner Wenzel not present, that Resolution pn-57, authorizing the exchange of a parcel of County land for A parcel required in conjunction with the Goo~lette Road Construction Program, he adopted and that the Chairman be authorized to sign the Stntutory Deed relating thereto. MOK 059 PACE 732 rll<jC 0;9 aaox 059 PACE 735 ~larch 3, 19B1 COUNTY ATTORNP.Y AUTIIORIZCD TO RP.(\Ul\ST RESUMES FROM CERTAIN INDIVIDUII.LS ron POSSIRLl\ APPOINn'p.NT TO COUNTY IIl\ALTH FACILITIES AUTIIORITY County Attorney pickworth advised the Board that three names have been suhmitted to him for possible appointment to the Collier County lIealth Facilities Authority - lIarmen Turner, M. Collins, anc1 Richard Smith. With Board approval, said Attorney pickworth, he woul~ write to the individuals informing them thAt they are heing considere~ and asking that resumes be forwarded to the Board's Administrative Ai~e. There were no ohjections voiced, whereupon Chairman pistor directed that the suggestion he implemented. ROUTINF BILLS - APPROVFn FOR PAY~ENT Commissioner Prown moved, seconded by Commissioner Winer and carried 4/0 with Commissioner Wenzel not present, that the bills, having heen processed following established procedure with funds available, he approved for payment as witnessed by the following checks issuc~ fron February 75, 19~1 ttlrough ~~arch 3, 19P1: ACCOUNT CHECK NOS. County Checks 54n9 - 57A9 8UDGET ANENDMP.NT CI-Jr TRANSFERRING FUNDS TO PROVIDE FOR EMERGENCY PUIICIIM;E or TELP.~~ETRY CQUIPMENT (AMBULANCE SERVICE) - ADOPTED IN THE ^~OUNT OF SIR,nGl Commissioner Prown moved, seconded hy Commissioner Wimer and carrie,1 4/r with Comnissioner \':cnzel not presl'nt, that Budget Amend- mcnt 8l-l0 to transfer funds to provide for the emergency purchase of telemetry equipment for Ambulance Service be ac10pted in the amount of Sln,o(,l, paqe fiO BOOX 059 PACE 737 March 3, 1901 IlUDGET Mo'END~\F:NT 81-31 TR^NSFERRING FUNDS TO E:STM\LISH OPP.RI\TINC1 BUDGET FOR C0UNTY'S CONSTRUCTION PROGR^~ M^~^Gf'Mf'NT AGENT (OTIIER Gf'Nf'R^L ^m'lNISTR^TIVF:) - ^DOPTED 1"1 TilE At'OUNT OF $154,(,70 Commissioner WiMer moved, seconded by COMmissioner Brown and cilrricd 4/r Io.'ith Commissioner I'!enzel not present, that l'udget ^mend- ment Rl-31 to transfcr funds to esta~lish an operating budget for the County's Construction Program ~anageMcnt ^gent be adopted in the amount or ,,154,1;70. Page 61 MOX 059 PAGE 739 Milrch 3, 19A1 BUDGET AMEND~ENT el-12 TRANSFERRING FUNns TO REVERSE BUDGET AMEND- m:NT RI-7.1 - A[)OPTED IN TilE M~OtJNT OF $~ ,~7n Conmissioner Wimer moved, seconded by Commissioner Brown and carried ~/n with Commissioner \'!enzel not present, that Budget Amend- ment 81-37 to transfer funns to reV2rsc nudget Amendment 01-21, be adopted in the ~mount of $5,470. Page 62 hOOK 059 PACE 741 March 3, 1981 BUDGET AMENDMENT nl-~3 TRANSFERRING FUNDS TO APPROPRIATE nRS GRANT ~'ONrE" ($9, 9(,?) AND PROVIDE FOR MATCIIING FUNDS ($C)~)(;j (SOCIAL Sr.RV- rep.,,) - ADOrTp.D Commissioncr Wimer movcd, seconde~ by Commissioncr Krusc and c,'rried ~/['I with Commissioncr Wcnzel not present, that Oudgct Amend- n0nt nl-33, transferring funds to appropriate "RS Grant monies in tho amount of S0,~(,?, an~ to provirle for matching funds in the amount of s~~r" r~ Sociol Services, be anopted. page 63 800K 059 PACE 743 March 3, 19A1 UNEMPLOYMENT COMPF.NS^TION COST CONTROL AND ADVISORY SERVICE ~GRF.EMF.NT \qTfI IJC^C, INC. - ^PPROVF.D FOR CI1^IR~1^N' S SIGN^TURE Pursu~nt to the recommendation of staff, as set forth in the Execlltive Summ~ry with re'Jard to the subject, and as explained by I'isc,11 Officer Haroln Hall, Commis"ioner I<ruse moved, seconded by Commissioner Wimer ~nd carried 4/0 with Commissioner Wenzel not present, that the Boarn approve the execution of a one-year Unem- ployment Compensation Cost Control and Advisory Service Agreement effective March 1~, 19R1; and, that the Fiscal Officer be directed to revie" the PrograM in nine Months to determine if its cost effective- ness justifies a renewal of the ^greement with lJC^C, Inc. Page fill March 3, 1981 BCC APPOINTS MARK P. STRAIN TO BOARD OF BUILDING IIDJUSTMENTS AND APPEALS TO COMPLETE TERM OF WAYNE SCAMEHORN; ADVISORY BOARn VACAN- CIES TO BE ANNOUNCED DURING REGULAR BOIIRD SESSIONS TO INSURE NOTIFI- C^TIO~ TO punLIC Pursuant to staff recommennntlon, as contained in thc F.xecutive Summary dated February 18, 1981, Commissioner Kruse moved, scconded by Commissioncr Wimer and c~rrled niP with Commlssioncr ~enze1 not present, that Mark P. Strain be appointed as a RegulAr Member on the Board of Buil~ing ^njustments Ann ^ppeals to serve the remainder of thc term of ~ilyne Scamehorn which expires Decemher 'I, 1nr~. There w~s 0 hrief ~iscussion concerning the methon of Dnnouncing vacancies on the various ~rlvisory hoarrls, with Commissioner Wimer ob- serving that there appeared to be more press covcrage when vacancies were announced nuring Regular Foard ~leetings at \-,hich time members of the menla were in attendance. It was the consensus of the Board that such procedurc bc followed in the future. CHMRMIIN IIUTI10RTZED TO SIGN CERTIFICIITES FOR COnneCTION TO TII,X ROLLS Commissioner t~imer moved, seconded by Commissioner Prown and carried 4/0 with Commissioner ~enzel not present, thnt the Chairman be authorized to sign the following Certificates for rorrectlon to the 1980 Tangible Personnl Property Tax Roll: NOS. DATED 19RO-h9 to ?/?4/81 to ?/;>7 /81 1980-72 BOARD APPOINTS MESSRS. PELOW AND LEJEWSKI (EAC ~E~BERS) TO GOLnF.N GIITE ESTATES STUDY COMMITTEE liS recommended by Environmental Consultant J~y Har~lc in his Pllge I;!'t ~OOK 059 fACE 74.6 BOOX 059 PAGE 747 March 3, 1981 ~e~ornndum to the Board dated February 23, 1981, Commissioner Kruse movecl, seconded by Com~issioner wimer and carried ./0 with Commis- sloner Wenzel not present, that Messrs. Ted Below and Eugene Lejewski, Fnvlron~cntal Advisory Council members, be appointed to the Golden Gate Estates Study Committee. It was noted that both individuals have Indicated their willingness to serve on the Committee. UTILITY E^SEMP.NT RE f1M1CO SE~,P.R PII^SE I IMPROVE~'ENTS PROJECT - ACCEPTED P0R TilE m:CnRT"l POLLOh'H'C; RECORDATION Pursuant to action taken by the Board on April 3, 1979, wherein the Goard approved the acceptance and expenditure of funds for the recording of ~11 Utility [asements related to the Marco Sewer phase I Improvements project, Utilities Director Irving Eerzon submitted the following Cascr:\Cnt (I"r. and f'rs. IIjerke Kuperus), same having been recorded In the Official Records. Page 6~ BOOK 059 PACE 74.9 March 3, 19B1 Le^VE Of M1SF.NCf. for; ENGINEf.I1I1JG DEPM1T"'CNT f.MPLOYE:E f.LLY VAN BLlIRICUM- ^PPrlOVf.D Co~missioncr Wimer moved, seconded by Commissioner Brown and carried ~/D with Commissioner Wenzel not present, thftt the lenve of Absence requested by Engineering Department employee El1y Van Rlaricum, beginning Approxim.tely ...nrch 9, 19R1 and ending June 10, 1901, be ~!)r)rovc(l, ~s reco~nenrlcrl hy stnff. r:T;,CUSS1J'lN DF HF.0UEST BY ST^TE CIVIL DF.FF.f\'Sr. F0P. ',','ORYSIlOP SF:f,f;ION nF. I~TEnI~ NUCLEArI CIVIL PrlOTCCT10N PLAN FOri ~OU~TY O~ M^RCH 17, 19Q1 County ~ana~er Norrnan inforncd the Poarrl that a request hns bern recciverl from the Stnte Civil Defense Department for a one-hour ~orkshop Session for the purpose of discussing the Inplications of the Interim ~'uc]e<H ~ivil Protection Plen for Collier County and suggesting th€ rlatc of ~arch 17, lQCl. There wos a hrief discussion regarding the rccJucst wherein it was clccirlerl by consensUS of the Ro~rd that no action he t~kcn ~t this time on the request. ~IS~ELLAMC0U~ cnRREsPoNDENCE - FILED AMD/Orl nEFErlRED There being no objection. the Chair directed thftt the fol- lowin~ corre5ron~encc be filerl and/or referred to the various rlepDrtmcnts ~s inrlicQterl: 1. Letter dated fehruc1ry 2:l, l<"lPl froJ'l1 L. Edward Stone, Executive vice-President, Marco Island Chamher of Conncrcc, su~~estin1 v0rious options for the m~in- ton.ncp. of the neoian strip on Collier Blvd., Marco Islend - xc Public ~orks Adninictrator, and County "",i,nager; filed. 7. Monthly Activities Report for the Library facility (~onsolidated) for J.nuary, 19A1 - Filed. 3. Circulftr Letter PI-OS oated January 23, 1981 from Everett fl. rlothschild, IIUD, re Clarification of Page 67 March J, 19R1 Site and Neighborhood Standards for new ~sslsted llousinCJ projects in llrel'lS of Minority Concentrll- tlon (COR,,) - xc planning, and Fiscal officer; fil ell. ~. Letter daterl f~. ruary 19, 10Pl from chnrlcs n. nusscll, Director, Florida Dep.:3rtmcnt of Labor nnn Employment Security, tr~ns~ittin0 ~onitorinq Report for FY 19A1 Comprehensive employment and Training ~ct - Referred to CeT~ Dept. 2/25/Pl; !'Iled. 5. Building Department ~onthly ^ctivlty Report for J~nIJary, 10Pl - Filed. (,. Project Stotus ncrort re Collier County r,overnment Center Exp"nsion Com",.. No. 8D"r, (Poll zzl/lIeery) - Filed. 7. Letter ciatccl Februc1ry 19, lC1Pl from Fronk 1\. petten- gill, North ~aples rire Control ristrict, requesting the Bee to authorize no huil~ing to exceed the heiCJht of 100' from ground level - xc Planning ~nd Building ne- pc1rtncnts, County ~anaCJer; filed. 8. Memorandum dated Fchru~ry 23, 19B1 from Court ^dministrator transmitting monthly record of Juveniles Incarcerated in Collier County ~ail for Montll of January, 1981 - Filed. 9. Letter dated FEbru~ry ~, 19R1 from Florida SecretAry of State Firestone re State ^id to Libraries - xc County ~anager, and Library Director; filed. 10. Letter dated February 5, 19"1 fron JoSeptl Perrino expressing support for the rezoning of niggs Roan for residential development (hearing on 3/1n/~11 - xc Conmunity Deve1op~cnt ^nministrator; filed. 11. Letter dated February 17, 19"1 from Robert f1. \'/ilkerson, Division Director, Departr:lent of COr:l- munity ^ffidrs rc Cuban/Hcdtian F.ntrants Security and Safety ProgrRm - xc F~scal Officer, public Safety ^dMinistrator, and Sheriff; filed. 12. Memoranoum dated February 27, 1981 frorn Comrnlssioner Wimer statinq letter was sent to Tallahassee verifying that Boat Registration funds will be used for matching grant for Bayview Park (copy of letter attached - due to the urgency of the matter, signed by him In the absence of the Chairman) - Filed. page 1i0 MO~ 059 PAGE 750 JlECOBD,D'8 DIlO "T~ '" wrI"i'~"i2'l "., " ~......... ",' ',>c,..., ;,..:'...\."r.,",~.' " -,...,..-~.. ' "heIl NCel4, ,.,t.t_~~~. ~;.;':' :'__ lc. ,;J:,l"1"'.f.\ __,"" BOO~ 059 P~GE 751 March 3, 19R1 13. Copy of publication by U.S. Depart~ent of Commerce, Economic revelopmcnt ^nministration, entitlen Econo~ic Research Studies of the Economic Develop- ment ^nministration - ^n ~nnotated Pibliography 197~- 197n - Filen. 1~. Letter nnten Fehrunrt ln, 19P1 from Debora L. Baker, Marketing Representative, ISI, re status of contract with Boarn, CDPG, etc. - Filed. 15. Copy of Memorandum nated February 24, 19R1 from Social Services Cirector to County ~anuger rc increase in cost to transport patients to ^. G. Ilolley Stilte 11()Spit"l and requesting approval - Filed. lC,. Letter dated February 12" 10Pl from John VanDerPloeg, V , C Disposal Company re purchase of franchise (Bud V,irk) for solid waste removal service in the ~arco Island areA, with attach~ents, and copy of response daten February 2r" 19R1 from County Solin Waste ri rector _ xc County f.'anager, publ ic \'iorks ^d~inis- trator, and ~sst. County ~ttorney pires - and filed. * * * * * . . There being no further business for the good of the County, the meeting was anjourned by order of the Chair - Time: 5:~O P.M. Po^nr OF COUNTY COMMISSIONERS/F.X OFFICIO GOVERNING BO^RD(S) OF SPECI^L DISTRICTS UNDER ITS CONTROL I ) , I ( ,--I ; cO l \/)"-./, J : u l{vl, JOHN ^. PISTOn, CH^IRM^N ( _0 ,- -- 'r:'i1i\', ,. .'V<'"