BCC Minutes 04/01/1980 R
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Naples, Florida, April I, 1980
LET IT BE REMEMBERED, that th~ Board of County Commissioners
in and for the County of Collier, and also acting as the Governing
Board(s) of such special districts as have been created according
to law and having conducted business herein, met on this date at
g:OO A.M. in Regular Session in Ruilding "F" of the Courthouse
Complex with the fOllowing members present:
CHAIRMAN: Clifford Wenzel
VICE-CHAIRMAN: Thomas P. Archer
John A. Pistor
Dav'lc1 C. Brown
ABSENT: C. R. "Russ" Wimer
ALSO PRESENT: Harold L. Hall, ~hief Deputy Clerk/Fiscal Officer;
Darlene Davidson and Jean Swindle (2:00 P.M.), Deputy Clerks; C.
William Norman, County Manager; Donald A. Pickworth. County Attorney;
Anthony Pires, Assistant County Attorney; Clifford Barksdale, Public
Works Administrator/Engineer; Lee Layne, Planner; Gene Willett,
Administrative Assistant to the County Manager; Terry Virta, Com-
munity Development Administrator; Mary Morgan, Administrative Aide to
the Board and Deputy Chief Raymond Barnett, Sheriff's Department.
BOARD OF COUNTY COMMISSIONERS
AGEIlOA
April 1, 1980
NOTICE:
ALL PERSONS SPEAKING Oil A~Y AGENDA MUST REGISTER
PRIOR TO THE ITEM BEING HEARD.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH
ARE NOT ON THIS AGENDA MUST BE SUBMITTED TO THE
COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE
OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC
"ET IT I 0 ~l S" AT 11: 00 A. r1 .
1. INVOCATION
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDA
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April 1, 1980
AGENDA APPROVED WITH ADDITIONS. DELETIONS. AND CORRECTION
Commissioner Pistor moved. seconded by Commissioner Brown and
carried unanimously 4/0. Commissioner Wimer absent. that the agenda be
approved with the following additions. deletions, and correction:
a. The names of lowell Raines. Building Maintenance, 5 years
service; and, Gay1and Moore, Golden Gate Fire Department,
5 years service. are to be added to the list of recipients
for Service Awards.
b. Golden Gate Interim Action Program progress status report
to be added under Old Business (a-B)
c. Senior Citizen Center status report to be added under Old
Business (a-C) - Later Board action deleted same*
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Consideration regarding a Resolution re Bayview Park to be
added under County Manager's Report (lO-C-2)
Item 9-B is to be correct~d to read 4/22/80 for the date of
public hearing that is being requested for authorization
for advertising.
Item 12-C-2 (Adoption of a Resolution re Marco Wdter/Sewer
assessment bonds) regarding the financing of expansion of
said system is to be deleted.
Item 9-B is to include a report and recommendation re Lethal
Yellowing; also, consideration regarding the adoption of an
Emergency Ordinance re same subject is to be presented recom-
mended by the County Manager.
The Clerk's Report is to include in Item 3 re Budget in-
structions, the approval of the Fiscal Policy; this will
confirm action taken during workshop session last week.
i. An additional item, (No.4), is to be added to the Clerk's
Report re authorization for staff to enter into negotia-
tions with H. G. Nix, Inc., Consultants regarding the bond
issue re the one cent road tax.
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* Commissioner 8rown stated that Mr. Egon Hill. who is involved in
the matters regarding the Senior Citizen Center, has requested
that same matter not be part of today's agenda, as there Is less
than a full Board present. Commissioner Archer moved, seconded
by Commissioner 8rown and carried unanimously 4/0, Commissioner
Wimer absent, that item "C" (as listed above and added to today's
agenda) be deferred until next week, when a full Board may be
expected.
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April I, 1980
MINUTES OF MARCH II, 1980 - APPROVED
Comm1ss10ner Archer moved. seconded by Commissioner Brown and
carried unanimously 4/0, with Commissioner Wimer absent, that the
minutes of the Board of County Commissioner's meeting of March II, 1980
be approved.
PRESENTATION OF 5 & 15 YEAR SERVICE AWARDS
The following service awards were presented to County
Employees:
I. Henry Bickford Road & Bridge 5 years
2. Donald Wheller Naples landffll 5 years
3. Ruth Schulze Library 5 years
4. Raymond Emery Golden Gate Fire
Dept. 5 years
*5. Mary Morgan Board of County
r.,mmissioners 5 years
6. Vernon Morgan Road ~ Rridge 15 years
7. c. Wayne Henry Build1l." Main. 5 yea rs
*8. George Archibald Publit: Works 5 yea rs
*9. Barry Greenstein Pub 1 i c Works 5 yea rs
*10. Charles Lowery Agriculture 5 years
*11. lowel1 Raines Building Main. 5 yea rs
12. Gayl and Moore Golden Gate Fire
Dept. 5 yea rs
* Indicates recipient present to accept service award.
PLANNING DIRECTOR CREW INTRODUCEO SONORA YATES, THE NEW COMMUNITY
DEVELOPMENT BLOCK GRANT COORDINATOR
Planning Director Danny Crew introduced the County's new
Community Block Grant Coordinator, Sondra Yates to the Board.
Chairman Wenzel welcomed her to the County in behalf of the
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April 1. 19BO
RATE INCREASE FOR WASTE MANAGEMENT. INC. APPROVED; ADDENDUM NO.1
TO FRANCHISE AGREEMENT APPROVED AS AMENDED, CHAIRMAN AUTHORIZED TO
SIGN SAME
Display notices having been publiShed in the Naples Daily News,
on March 16, 1980 and in the Naples Star on March 21, 19BO as evidenced
by Affidavits of Publication on file with the Clerk, public hearing
was opened to consider the petition from Waste Management. Inc.. d/b/a
Yahl Bros. Disposal for a rate increase for waste disposal service in
the unincorporated areas of Collier County excluding t~e Marco Is1and/
Goodland area. the City of Naples, Everglades National Park. and the
Immokalee area.
Public Works Administrator/Engineer Bnrksdale brought the Board
up to date on the background leading up to today's public heari'lg. He
explained that in June of h:" year, ~i1e Board executed an agreement
to transfer the collection franchi~~ from Yahl Bros. to Waste Management.
Inc. and at that time the language regarding the rate structure was not
agreed upon, so the franchise was approved with the exception of para-
graph 6-B, which establishes the method of computing the rate schedule.
Mr. Barksdale stated that sUbsequently, the staff, the Coullty Consultant
(Associated Utility Services, Inc.) and Waste Management's independent
consultant, Warren Silverman. have met and agreed on an Addendum No.1
which includes the language for paragraph 6-B; establishes the method
for a rate of return; and. also establishes the rate for an increase.
Mr. Barksdale alluded to the fact that at the time said methods were
agreed upon, Waste Management was required to wait until they had six
months' operating experience before petitioning for a rate increase. Mr.
Barksdale noted that said time has elapsed and. therefore, a petition for
such an increase was received by the County,on February 25. 1980. along
with the supporting data for said request.
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April 1. 1980
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Mr. Barksdale explained that the County's consultant has reviewed
the petitioner's request along with the submitted financial data; and
that same will be presented by two representatives from Associated Utility
Services, Inc., Messrs. Brennan and McDaniel. He stated that the former
prepared that part of the Consultant's report regarding the method of
determining the rate of return; and. the latter prepared that part of
said report regarding the analysis of the financial data.
Mr. Barksdale stated that the three things that staff hopes to
achieve today are: I) The determination regarding the level of service
to be offered by Waste Management. Inc., i.e. once-a-week backyard. twice-
a-week curb-side. or twice-a-week backyard pickup service; 2) the approval
of the Addendum No.1, with changes, as reviewed by the County Attorney;
3) action on the rate increase.
Mr. Brennan explained that Waste Management's business Clearly falls
into the category of a "utiliti type" endeavor. and that his firm is
primarily engaged in the discipline of rate structures and regulations
regarding various kinds of these endeavors. He stated that although the
service is not a public utility it is effective with the public interest
and that the technique he employed to arrive at his determination is the
so called "Rate base/rate of return" method.
He stated that it is his judgment, using the afore-mentioned
methodology, the price for service relevant to Waste Management. Inc.
should produce the opportuni~, after recovery from expenses. to experience
a 27% pre-tax overall return, and, a post-tax return of approximately
13.5% opportunity for profit.
Mr. McDaniel, Senior Vice President of Associated Utility Services.
Inc., stated that he has developed the appropriate level of investment that
Waste Management. Inc. d/b/a Yah1 Bros. was required to make to provide
service in the specific areas of Collier County that are covered in the
Franchise Agreement; the appropriate level of revenues that they are
presently experiencing at their present rates; and an appropriate level
of operating expenses. Mr. McDaniel referred to the submitted financial
data that was part of the petition for a rate increase covering the actual
results of operations for the six months ended on December 31. 1979 and
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April I, 19ao
information for the calendar year 1980 on a projected basis, after a
review and analysis of the data, ~hich was supplemented by a two-day
field investigation of the company's books and records here in Collier
County.
Regarding the petitioner's operating expenses, Mr. McDaniel stated
that due to an extremely high investment in equipment funding since
Waste Management took over the franchise. and for repairs to machinery,
etc. he does not feel that the first six months operational data is
representative of the "on-going" level of expenses, and it is for that
reason that he used the 19BO projected budget data on which to base his
recommendations. thus the report his firm prepared reflects a somewhat
lower figure for operational costs than was submitted in the petition.
Regarding the operat1nq l~vel data that was filed, Mr. McDaniel
stated that it is his opin~vn that said data was incomplete and requirell
additional study to determine the present level of revenues and number of
customers. The result of this further study indicates the revenues that
were implicit in the petitioner's report were less than what they had been
experiencing on an actual basis, said MI". McDaniel, and for this reason
he made an upward adjustment regarding the actual number of customers, and
actual revenues.
Mr. McDaniel stated that he has determined that the amount of capital
invested on an average basis for 19BO, along with the appropriate level
of operating expenses, coupled with Mr. Brennan's recommended "pre-tax"
overall rate of return, he computed a revenue deficiency as well as the
indicated level of revenues that would be required to produce a fair rate
of return. He stated that this comr...tation indicates that the franchisee
will require an annual rate increase of $196,344. He stated that this
compares with additional revenues' equested by the subject company of
some $413.000. He stated that h' ~ '~termination and recommendation is for
a 44% overall increase in rates. ranging from a 2B% increase in rates for
twice-a-week curb pickup to 54~ for once-a-week backdoor service.
Attorney Jack Stanley, representing Waste Management, Inc.. gave an
outline of his client's position including the background of the negotia-
tions with Yahl Bros. for the purchase and/or takeover of the Franchise
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and business in Collier County. He referred to the sums of monies
expended by Waste Management, Inc. in the first six months of operations
and the fact that said firm is losing money operating at its present rates.
He noted that the busfness has increased, and is no longer a small company,
and therefore required the large amounts of capital investments for proper
operations.
Mr. Stanley objected to the methodology used by the County consultant
in formulating his recommended rate increases. lie explained that the
"bottom 1 ine" through the util fzation of the t\110 formulas used by the
County's consultant and Waste Management's consultant. and also between
the rate of increase that the two consultants recommend, differs vastly.
He went on to point out various reasons that this particular request must
be considered carefully by the Board such as the fact that no increase has
been granted in over five years, and ':Iat the rate of inflation is con-
tributory to the subject company's ~resent position of operating at a loss.
He further stated that Addendum No. 1 to the agreement is acceptable to
Waste Management, and he pointed out that the rate of return formula
addressed within said Addendum can be conformed to through the use of either
method of calculation used by both consultants.
There was some discussion regarding the question of when Waste Manage-
ment took over operations from Yahl Bros., whether or not they were aware
that the business was "worn out" as indicated by Commissioner Wenzel,
and whether Waste to\anagement bought said bus Iness for its "potential".
Mr. Stanley stated that at the time of the "takeover" his cl ient was not
aware of the "condftion" of certain areas of the business, and that
Obviously Yahl Bros. "let things slide" pending completion of the sale.
Mr. Robert Himschoot, General Manager for Gulf Disposal. representing
Waste Management, Inc. confirmed the fact that the transaction for the
transfer took over a year and there was a certain degree of deterioration
in the financial situation of the original Yahl Bros. company; however
there was no way for Waste Management to get into the area of the business
until the time of the actual transfer of the Franchise. He covered the
record keeping system of Yahl Bros. as in need of updating and stated
that a computerized system is forthcoming.
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April I, 1980
Mr. Norman asked for confirmation that the acquisition price is not
included in the rate increase request as a contributing cost of operation
and Mr. Himshoot concurred.
Waste Management's consultant. Mr. Warren Silverman. explained that
the 19BO budget projections. as submitted in the petition, do not reflect
the impact that inflation will have on the operatinp costs; however he
used these figures for his study, and his recommendations. He disagreed
with the figures for "actu/ll number of cur.tomers" that the County con-
sul tant used and stated that he based his figul'es on a physical count of
the customer cards on file at the office of Waste Management. He stated
that this customer ".:?unt" differential is the largest difference between
the two consultant reports and that he has arrived at a 12.2% return based
on an "operation rate rati,.," using his figures for customer count.
Mr. Silverman reminrico V,e! members of the Board that. they are, in his
estimation, bound to provide a fair rate of return for investments to the
Franchisee, according to the franchise agreement approved by the Board.
He stated that Waste Management's request for a rate increase is higher
than that recoJll11ended by the County's consultant, and that perhaps. the
BCC and Waste Management could reach a "meeting of the minds" regarding
the appropriate rate of increase.
There was some discussion among the members of the Board and Mr.
Silverman regarding "compulsory garbage pick-up" including its drawbacks,
and its possible benefits, as well as the effect such a measure might have
on the rates for pick-up.
Another matter that was discussed is the elimination of various types
of pick-ups in favor for all "curbside" pick-up throughout the County.
This subject brought both favorable and unfavorable comments.
A rather lengthy discussion followed covering the apparent lack of
knowledge on the part of Waste 11anagement regarding who is and who is not
a paying customer and what type of service various residents are to receive
including the problems of the drivers on routes each day and their deter-
mination of who gets what kind of service. It was the consensus of the
Board that it is ~ot the responsibility of the Board or the citizens who
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April 1. 1980
pay for the services to see that accurate records are kept and that should
fall into the category of "administrative" problems on the part of Waste
Management. Another topic that was discussed briefly is yearly rates, and
seasonal rates. and the possibility of billing for the services on a yearly
basis regardless of the account being a full time resident or not. Several
members of the Board stated that because Collier County is largely a
"seasonal" residential area. that such a plan is not feasible.
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RECESS: Time 10:22 A.M. to 10:30 A.M.
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The following members of the public registered to speak and voiced
their objection and reasons for opposing the increases of rates that
Waste Management has requested:
1. Viola Barclay
2. Frank L. Rich
3 Claude Miller
4. f1yrtle Smith
5. leo Teplow
6. lance Hooks
7. Lou Mason
8. Robert Krantz
9. John Flomerfelt
10. Mike Zewalk
11. Nancy Bisbee
12. Bruce Holly
13. Bill lagan
14. Marshall Webb
15. Wesley Ankins
Following the registered speakers. there was some discussion regarding
16. Alvin Strickland
17. George Keller, speaking for
Collier County Civic Federation -
Presented a study he completed
that verified the fact that such
an increase is unwarranted
according to his determinations;
that certain costs budgeted by
W/M were unfounded; and that
20.8% profit rate of return is
more appropriate than the 27%
that Waste Management, Inc. is
asking for.
the many complaints that the above listed people voiced pertaining to
service they have received by Waste Management since they have taken over
the franchise.
Messrs. Edward Bacon. Comptroller, and Dennis Decker, General Manager,
both representing Waste Management answered many of the complaints voiced.
It was the general consensus of the registered speakers that the service
received from Waste Management. Inc. has been less than desirable and many
voiced strong objectfons to any increase at all. while some were in favor
of a lessor raise in rates thJn requested.
After a brief discussion regarding various complaints registered by the
pUblic. Chairman Wenzel noted that the following letters have been received.
and are on file, from residents who object to the requested rate increase
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and/or the quality of service of W/M. Inc.:
1. Mrs. Linda Heimes
2. Mrs. Harold Barclay
3. George Sedgwick
4. Mr. & Mrs. John Waldo, Jr.
5. Louis O. Hack
6. Norman R. Hogenson
7. Darlene Unruh
8. Dorothy R. Cooper
9. ~rs. Robert Walker
10. Ruby Warner
11. Thomas Clark
12. W. R. Dun10y
13. Margaret A. Henderlong, submitting a
petition with 21 signatures
14. Mrs. Paul Sanko
15. Mr. & Mrs. Kenneth Herley
16. Lakewood Development residents, 4
signa tures
17. David M. Rezendes
lB. l. P. Allen
19. John M. Kelly
Mr. Stanley stated that Waste Management. Inc. is losing money at this
time and that some sort of an increase has to be decided on today. He
stated that they would accept the County's consultant's recommendation for
a rate increase, on an interim basis. with the understanding that Waste
Management. Inc. will be allowed to come back to the Board in October for
an additional request for still another raise in rates, and at that time,
there would be a full year's operational records to use for supportive
data.
There was some discussion regarding the franchise fee and it is staff's
recommendation that same be lowered to 2% rather than 4% as it is now.
Commissioner Wenzel stated that he has gone over all the figures. and it is
his feeling that a reasonable increase would be approximately 32% of an
overall increase or about $112,000. Following a discussion regarding this.
and the fact that the BCC would probably drop the franchise fee to 2%,
. Chairman Wenzel asked the other Board members how they felt regarding the
rate increase?
Hearing no further comments from staff, the petitioner. nor the pUblic.
Commissioner Brown moved, seconded by Commissioner Archer and carried
unanimously 4/0, with Commissioner Wimer absent. that the public hearing
be closed.
In answer to Commissioner Brown, Mr. Brennan stated that it is the
recommendation of Associated Utility Services, that a rate increase
~s follows be allowed:
Once/week backdoor service - $5.25 (an increase of 54%)
Twice/week curb service - $4.35 (an increase of 2B%)
Twice/week backdoor service - $6.40 (an increase of 45%)
Totaling $196,344 which represents an overall incrcas~ of 44%.
There was some discussion regarding the franchise fee and Mr. Brennan
explained that it is his recommendation to lower the franchise fee to 21
which will generate approximately $23.4a7 annually.
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April 1. 1980
heard this morning, and that later this afternoon. all these will be
"tied" in by formal action on the matter when they actually authorize
execution of the Dertinent documents.
Chairman Wenzel directed the Deputy Clerk to amend th~ motion to read
that the action t~ken by the Board is to reflect the general 'trend of
the Board's feeling regarding the matter and t~at formal action will be
taken up at a later time in the meeting after staff prepares the relevant
documents. Commissioners Brown and Archer agreed to amend their first
and second of the motion on the floor.
Upon call for t~e vote, the motion carried 3/1. Commissioner Wenzel
opposing the motion and Co~issioner Wimer absent.
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RECESS: Time 12:20 P.M. to 2:00 P.M.
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later in the afternoon ses~ion final action was taken regarding the
petition of Waste Management, Inr. for a rate increase.
County Attorney Pickworth stated that several changes were made
within Addendum No. 1 and explained that they incorporate the intent of
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the action taken earlier. Upon completion of his explanation of changes
that were incorporated within Addendum No. l, and the Franchise agreement,
Mr. Pickwurth asked the Board to take formal action and authorize the
execution of the documents.
County Manager Norman offered the recommendation that the franchise
agreement include one other change. namely, the time set out for paying
the franchise fee, so as to allow the County to have the proper funds to
cover the consultant's fees, etc. He suggested it be changed from the
present "annual" payment to "quarterly" and stated that Waste Management,
Inc. has agreed to this.
Commissioner Archer moved, seconded by Commissioner Brown and carried
unanimously 4/0, with Commissioner Wimer absent, that the Board approve
the rate SChedule as established by Associated Utility Services, and
requested by County staff, and the amended Addendum No. 1 as recommended
by the County Attorney and County Manager, and that the Chairman be authorized
to sign the document.
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Commissioner Brown moved to approve the rate increase as recommended
and outlined by Mr. Brennan. Commissioner Archer asked if this motion is
inclusive of approving the Addendum No.1, and that this increase be
effective from now until October, thereby allowing W/M, Inc. to come back
for an additional rate increase request 1n October after having been in
operation for one full year? Mr. Barksdale stated that staff recommends
Mr. Brennan's recommendations regarding rates be approved; that these rates
be effective through October 31. 19BO; and because the BCC will have 60
days in which to consider any application for new rates that are made in
October the actual effective date will be extended through December 31. 19S0.
Commissioner Brown s~ated that Mr. Barksdale's statement be included
in his motion. Commissioner Archer asked if the discontinuance of once-a-
week backdoor service is to be part of the motion and Mr. Sarksda1e said that
that is his recommendatio~ Mr. Norman stated that he could not support
this and Commissioner Archer said he could not either. There was some
discussion regarding this matter following which Commissioner Archer asked
Commissioner Brown to clarify his motion. Commissioner Brown stated that
the only thing he has included in his motion is the dollars recommended by
the County consultant, and the Addendum No.1. He said that he is not
moving to eliminate the once-a-week backdoor service.
County Manager Norman requested that when the Board agrees in
principle as to how they feel regarding these matters, thpn they give
staff an opportunity to make the necessary documentation ready for formal
action later.
Commissioner Archer stated that he cannot second the motion for formal
action and approval, at the request of Mr. Norman to come back with the
written documentation. He asked for Commissioner Brown to withdraw his
motion, and there was some further explanation as to what Mr. Norman is
requesting. Mr. Norman said what he would like is direction from the Board
that reflects their intent, so that same direction may be incorporated
in the Addendum No. 1 for approval.
Commissioner Archer stated that he would second the motion on the
floor. County Attorney Pickworth stated that he suggests the action that
the Board takes at this time be considered nothing more than a reflection
of the consensus of the Board's feelings after considering what they have
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PETITION R-79-46-C FILED BY MANCHESTER INVESTMENTS REQUEST1NG REZONING FROM
"RS-4" "RM-l" AND "RH-2" TO "PUD" FOR PROJECT KNOWN AS SHERWOOD PARK
lOCATED ON THE NORTH SlOE OF RADIO ROAD WEST OF PALM SPRINGS ESTATES AND
SOUTH OF PROPOS EO 1-75 ROW - CONTINUED UNTIL APRIL a, 19BO
legal notice having been published in the Naples Daily News on
February 29, 19BO as evidenced by Affidavit of Publication filed with the
Clerk, public hearing W~5 opened to consider petition R-79-46-C filed by
Manchester Investments requesting rezoning from lRS_4", lRM_l" and "RM-2"
to "PUO" Planned Unit Development for the project known as Sherwood Park
located in Section 34. T49S, R26E which is located on the north side of
Radio Road west of Palm Springs Estates and south of the proposed 1-75
ROW. Due to the fact that Commissioner Wimer would be absent during the
entire session and a four-fifths vote is necessary for the adoption of a
rezone ordinance, Commissioner Archer moved, seconded by Commissioner
Brown and carried 4-0. th~t petition R-79-46-C filed by Manchester
Investments be contim,,',j until April B, 19aO.
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ORDINANCE 80-31 RE PETITION R-80-6-C BY WILSON, MILLER, BARTON, SOLL &'
PEEK. INC. REQUESTING AMENDMENT TO MOORINGS PARK PUD TO ALLOW FOR TEMPO-
RARY ON-SITE SEWAGE TREATMENT PLANT lOCATED EAST OF THE COUNTRY CLUB OF
NAPLES AND SOUTH OF PINE RIDGE ROAD - ADOPTED - PETITIONER'S AGREE-
MENT TO STIPULATIONS - ACCEPTED
Legal notice having been published in the Naples Daily News on
February 29. 19BO as evidenced by Affidavit of Publication filed with the
Clerk. public hearing was opened to consider petition R-BD-6-C filed by
Wilson, Miller, Barton, SolI and Peek, rnc. requesting an amendment to
the Moorings Park "PUD" to allow for a temporary on-site sewage treatment
plant in Section 15, R25E. T49S and more generally known as being located
east of the Country Club of Naples and south of Pine Ridge Road.
Following Planner lee Layne's identification of the subject property
as being that B2.946 acres located on the east side of Frank Boulevard
between Burning Tree Drive and Solana Road, Mr. Bill Barton, representing
the petitioner, reviewed the request by Moorings Park to amend their "pUQ"
so as to allow the construction of a temporary on-site sewage treatment
plant. Mr. Barton explained that as part of the petitioner's original
"PUD". Moorings Park had agreed to connect to the City's treatment plant,
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having gotten such approval from the City of Naples. Since that time.
the petitioner has applied for connection to the Naples plant and has
been denied because the City's plant is at capacity with no availability
of such service until the year 19B1, perhaps. Continuing, he said that the
propospd temporary on-site water treatment will be located in the golf
course area and will pump approximately 35.000 gallons per day. Mr. Barton
concluded his remarks by stating that the deSign and speCifications have
already been submitted to the DER and a permit for installation of the plant
has been received.
County Manager Norman stated that Mr. Frank Rich had registered to
speak. but, after speaking with Mr. William Walters. he no longer desired
to comment. There being no other persons registered to speak. Commissfoner
Pfstor moved, seconded by Commissioner Archer and carried 4-0, with Com-
missioner Wimer absent, that the public hearing be closed.
Commissioner Pistor moved, seconded by Commissioner Brown and carried
4-0, with Commissioner Wimer absent, that Ordinance BO-31, as entitled
below, be adopted and entered into Ordinance Book No. 11 and that the
Petitioner's Agreement to the following stipulations, be accepted:
1. The plant must be buffered from the surrounding residential
area.
2. Dismantling of the plant and connection to the appropriate
governmental facility when connection is available and develop-
ment of the "golf course areas" as originally shown on the
master plan.
3. Final site drainage to be reviewed and approved by the WMAB
prior to any construction.
4. Compliance with all State and County regulations concerning
sewage treatment plants.
ORDINANCE 80 - ~,
AN ORDINANCE AMENDING ORDINANCE 76-30,
THE COMPREHENSIVE ZONI~,G, REGVLATIQNS . fOil
THE UNINCORPORATED ARE;'\. OF THE COASTAL
AREA PLANNING DISTRICT AND ORDINANCE 79-19,
THE MOORINGS PARK PLA~NED UNIT DEVELOPMENT
DOCUMENT BY AMENDING PARAGRAPH 3 TO ALLOW FOR
A TEMPORARY SEWAGE TlGATMENT PLANT ON PROPERTY
LOCATED IN SECTION 15, TOWNSHIP 49 SOUTH,
RANGE 25 EAST WHICH IS LOCATED liEST OF THE
COUNTRY CLUB OF NAPLES AND BY PROVIDING AN
EFFECTIVE DATE
M~~ 052 pm374
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April 1, 1980
PETITION R-80-1-I. IMMOKAlEE AREA PLANNING COMMISSION REQUESTING REZONING
OF VARIOUS LANDS IN THE IMMOKALEE AREA PLANNING DISTRICT AS PART OF THE
"701" PLANNING ASS ISTANCE GRANT - WITHDRAWN PER PETITIONER I S REQUEST
legal notice having been published in the Naples Daily News on February 29,
19BO as evidenced by Affidavit of Publication filed with the Clerk. public
hearing was opened to consider Petition R-80-1-I filed by the Immoka1ee Area
Planning Commission requesting rezoning of various lands in the Immokalee
Planning District as part of the "701" Planning Assistance grant. Following
County Manager Norman's statement that Community Development Director Virta
had informed him of the petitioner's request to withdraw the subject
petition, Commissioner Archer moved, seconded by Commissioner Brown and
carried 4-0. with Commissioner Wimer absent, that petition R-aO-l-I. filed
by the Immokalee Area Planning Commission. be withdrawn.
PETITION IZ-BO-I-I, IMMOKAlEE AREA PLANNING COMMISSION REQUESTING A BUFFER
FOR Cor.tIERCIAL AND INDUSTRIAL ZONEO PROPERTY ADJACEIIT TO RESIDENTIJli.. ZONED
PROPERTIES - CONTINUED UNTIL APRIL 15, 19BO.
legal notice having been published in the Naples Daily News on March 13,
1980 as evidenced by Affidavit of Publication filed with the Clerk, public
hearing was opened to consider Petition IZ-80-1-I filed by the Immokalee
Area Planning Commission requesting a buffer for commercial and industrial
zoned p,~perty adjacent to residential zoned properties. Due to the absence
of Commissioner Wimer for the entire session and because a four-fifths vote
...
is necessary to adopt a rezone ordinance, Commissioner Archer moved,
seconded by Commissioner Brown and carried 4-0, that petition IZ-80-1-I
filed by the Immokalee Area Planning Commission be continued until April 15,
19BO.
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RESOLUTION BO-73 VACATING UTILITY EASEMENTS LOCATED IN COCONUT CREEK,
UNIT NO. 1 - ADOPTED
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Legal notice having been published in the Naples Daily ,News on
March 16 and March ?3. 1980 as evidenced by Affidavit of Publication
filed with the Clerk, public hearing was opened to consider the petition
to vacate the 2.5 foot utility easement lying between lots 1, IA and 2.
2A, also Lots 2, 2A and 3, 3A, except the north 310 feet between Lots 1,
1A and 2. 2A, located in Coconut Creek, Unit No. 1 as recorded in Plat
Book 1, Page loa of the public records of Collier County, Florida.
8O~K 052 PAGE 376
&OOK 052 PACE 377 Ap~il i,~ 1980
County Engineer Barksdale reviewed the petition. stating that the
owner of the land, Mr. Robert I. Beckler, has requested the vacation of the
above-referenced utility easement in order that he may construct a sing1e-
family residence on the parcel of land that will result in the combination
of the six smaller lots. Mr. Barksdale said he had received "letters of
no objection" from the utility companies; the Water Management Advisory Board
has approved the petition and the Engineering Department is recommending
approval.
There being no persons registered to address the issue. Commissioner
Brown. moved, seconded by Commissioner Archer and carried 4-0 with Com-
missioner Wimer absent, that the public hearing be closed.
Commissioner Brown moved, seconded by Commissioner Pistor and carried
4-0. with Commissioner Wimer absent. that Resolution No. 80-73. vacating the
2.5 foot utility easements as outlined above be adopted.
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052 PACE 379
April I, 1980
ADDENDUM FOR CITY/COUNTY WATER AGREEMENT RE MODIFICATIONS REQUESTED BY
CITY OF NAPLES - APPROVED - CHAIRMAN AUTHORIZED TO SIGN SAME
Utility Director Berzon reviewed the subject addendum, stating that
two parts of the document have previously been heard by the Board of
County Commission and approved. He identified those items as follows:
1. A raw water tap be permitted by the City of Naples for
the Wyndemere Development to connect into the City water
line.
2. The County's request that the current City/County water
agreement date be extended until July I, 1982.
Continuing, Mr. Berzon said that even though the City Council has approved
the above-referenced items in principal. the City Attorney has requested
that there be a change in the wording so as to permit yet another item
to be included and clarified In the addendum - that item being as follows:
3. The piece of land ~t the City's tank site located in the
Pine Ridge Area.
The rewording would permit the City to sell off 22 acres of the 29
acre parcel; proceed with the purchase of another parcel of land. which the
County is committed to buy for the City sometime between the present and
19a9, and state that the County will reimburse them the full investment
value of the new purchase plus any earnings that will be indicated during
the time span with this action to take place in 19a9 and/or 1990.
Commissioner Archer moved, seconded by Commissioner Pistor and carried
4-0, with Commissioner Wimer absent. that the modification to the existing
Agreement, requested by the City Attorney and as recommended by Staff, be
approved and the Chairman be authori~ed to sign same.
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April 1, 19BO
REPORTS RE GOLDEN GATE STUDY COMMITTEE IN1ERIM ACTION PROGPAM PRESENTED BY
MR. WILLIAM VINES AND MR. WIllIAM WALTERS - CHAIRMAN AUTHORIZED TO SIGN
"PERMIT REQUEST" lETTER TO U.S. CORPS OF ENGINEERS - LETTER SUPPORTING THE
CORPS PROPOSED "lONG RANGE" STUDY OF THE SUBJECT AREA
Mr. William Vines, Planning Consultant for the Golden Gate Interim
Action Program, reviewed the proposed modifications for the 115,000 acre
platted subdivision known as Golden Gate E~tates, naming the steps as
follows:
1. To provide the addition~l dry season storage of fresh water within
the Fahka Union Drainage Basin, thereby reducing point discharge
into tide water via the Golden Gate and Fahka Union outfall canals,
and correspondingly reducing the rate and extent of dry season
ground water decline.
2. To avoid causin~ addItional or more severe flooding, i.e., higher
peak water levels, particularly in areas where housing has been
constructed.
3. During the annual rainy season, when the southernm05t canals in the
Fahka Union Basin are out of their banks, to encourage overland
sheet flow to the southeast into thp lower reaches of the Fahka-
hatchee Strand.
4. To permit flexibility in adjusting the system to meet local. tem-
porary and/or seasonal need for increased or decreased flow
capacity or storage.
Continuing, Mr. Vines said the program is estimated to cost $130,000. with
funding participation committed by Collier County, Florida DER, and the Big
Cypress Basin of the SFWMD, adding that the program has already been
reviewed by Florida DER and the SFWMD and the permits to install the planned
works have been issued. The interim action program will consist of the
follOWing three components:
1. Installation of earth plugs, which will terminate the canal inter-
connection between the Golden Gate Canal/Gordon drainage basin
and Fahka Union drainage basin.
2. Installation of earth plugs at the southerly ends of the two
easternmost Golden Gate Estates canals. the purpose being to cause
a portion of the surface flooding which occurs during each rainy
season to flow southeasterly into the lower reaches of the
Fahkahatchee Strand, rather than through the Fahka Union outfall
canal into Fahka Union Bay.
3. Installation of flashboard systems on twelve existing Golden
Gate Estates fixed crest weirs in the Fahka Union Drainage basin,
so as to permit boards to be installed and removed in various
numbers and in various lucations, thus creating weir height
flexibfl ity.
Mr. Vines stated that the following major conclusions have been determined
by utilizing data developed by CH2M Hill contained in their report dated'
M!)K 052 PAGE 394'
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052 PACE 395
April 1. 1980
October, 1974 and entitled Hydrologic Study of GAC Canal Network,
Collier County. Florida:
1. The canals in the systems are undersized to carry peak flow
rates. The undersized canal cross-sections (their hydraulic
capacity additionally diminished by weed growth, silting, and
the like) exert dominant peak flow control over canal waters.
2. The water control structures. except for Weir 624, which has
unconfined tide water on its downstream side. exert little or
no control over peak flows. This is indicated by the small
drop in water surface profiles across the weirs - such occurence
has been documented by field investigations during the wet
season.
The maintenance of the above-referenced modifications are shown. in the
program. to be the responsibility of the County Public Works Department
as, perhaps, the construction of same, if the department has the available
personnel. Mr. Vines reiterated that the proposed modifications will not
aggravate flooding problems in the area and reassured the land owners of
this. In concluding. Mr. Vines identified the interim action program as
being a necessary. although. temporary step in correcting the prJb1em in
the Golden Gate Estates area while the anticipated U. S. Corps of Engineer's
study will result in a more permanent solution. Both are of the utmost
importance and he, together with the Golden Gate Estates Study Committee,
recommend that the County's request for permit to install the planned
temporary interim action program be reaffirmed to the Corps of Engineers.
County Manager Norman read for the record a letter from the Collier
County Audubon SociQty over President Arndt Mueller's signature, which
advocates that a "joint cooperative program involving the Golden Gate
Estates Study Committee and the U. S. Army Corps of Engineers begin without
delay to implement the best plan for rejuvenation and wise use of the
Golden Gate Estates in relation to environmental and social issues. Uni-
lateral action could be counter productive resulting in more loss of time
and energy."
Chairman Wenzel noted a letter from the Collier County Conservancy
which denotes the Conservancy's desire to proceed. directly, with the
interim action program as does the letter from the N~ples Civic Association.
Mr. Steve Martin, a member of the Izaak Walton League of America.
Cypress Chapter, read for the record a letter from the League recommending
that the County "begin correct.ion of the drainage mistakes of the 1960's"
and initiate the interim action program as quickly as possible.
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April 1, 1980
Ms. Mary Frances Kruse of 1021 4th Street, S.W., Golden Gate Estates
and representing the Golden Gate Estates Residents and Supporters Association.
spoke in opposition of the Interim Program and supported the U. S. Corps of
Engineer's Study.
Ms. Nancy Bisbee spoke in opposition to the Interim Program.
Ms. Charlotte Westman of Mftrco Island ond representing the Leogue of
Women Voters, spoke in support of the Interim Program.
Following discussion, Mr. William Walters. Chairman of the Golden Gate
Estates Study Committee, commented, as had Mr. Vines, that there are two
different programs being discussed - (1) The temporary program entitled
The Interim Action Program and (2) the long-range study to be made by the
U. S. Corps of Engineers. He stated that he recommends the submitting of
the "permit-request" letter to the Corps of Engineers by the County so that
some immediate action may be taken to correct the problem that exists in
the Golden Gate area.
After County Attorney Pickworth's advice that the County should go
ahead with their request for permit and upon the Corp's denial and/or
permission, take legal action as required, Commissioner Archer moved,
seconded by Commissioner Pistor and carried, with the following roll call
vote, that the letter to the U. S. Corps of Engineers from the County
reaffirming the County's request for permit regarding the Golden Gate
Interim Action Program be submitted and the Chairman authorized to sign
same:
Commissioner Archer
Commissioner Pistor
Chairman Wenzel
Commissioner Brown
Commissioner Wimer
Aye
Aye
Aye
Aye
Absent and not voting
Following the above-referenced motion. Commissioner Archer moved.
seconded by Commissioner Brown and carried 4-0, with Commissioner Wimer
absent, that a supportive letter from the County to the U. S. Corps of
Engineers regarding their "long-range" study of the subject area be sub-
mitted and the Chairman authori7.p.d to sign same.
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aO~K 052 PACE396
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&O~K 052 rACE397 April I, 19aO
EMERGENCY ORDINANCE NO. 80-32 ESTABLISHING A MANDATORY LETHAL YELLOWING DISEASE
INOCULATION PROGRAM - ADOPTED
Due to the recent discovery of lethal yellowing disease among the
coconut palms in Collier County along the coast. Commissioner Archer moved,
seconded by Commissioner Pistor and carried 4-0 with Commissioner Wimer
absent, that a state of emergency does exist.
Following Commissioners Archer and Pistor commenting and Mr. Wade
Schroeder of the Naples City Council stating his support of the proposed
emergency ordinance, County Manager Norman asked that the rccord show how
frustrating it is for the Board to begin discussion of a subject that staff
has researched and is recommending even before staff has made their
presentation. Continuing, he stated, that in the last few days, staff
had been advised that there has been an outbreak of the lethal yellowing
disease in a part of Olde Naples and unless emerDency action is taken
immediately a great many trees will begin to show signs of th~ disease and
an "ecological disaster" will take place.
Mr. Norman then asked Mr. Charles
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lowery. the County's Agricultural Agent, to give his report, followed by
Assistant County Attorney Pires' comments and Administrative Assistant to
the County Manager Willett's program.
Mr. lowery stated he had found 6 diseased trees in Naples, during a
helicopter flight of the area yesterday, and expected to find some indica-
tion of the disease on ~~3rco Island. He gave the history of Dade County's
great loss of 20,000 coconut palms in the space of two years and advocated
the immediate enactment of the proposed emcrgency ordinance and program.
Administrative Assistant to the County Manager Willett presented the
following program as having been reviewed by the concerned parties and is
recommended for immediate action as an emergency response to the problem:
1.
Adoption of the.ordinance prepared by th~ County Attorney's
Office proclaim'ng the emergency nature of the public nuisance
and the means by which the public nuisance is to be abated.
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April 1. 1980
2. Waive the bidding requirements and allow the staff to negotiate
a contract with a local firm authorized to perform this type
of service. The final negotiated contrac~ will be presented
to the Board of County Commission on April 8, 1980.
3. Adopt the procedure as outlined below where the Contr.actor
performs the work and does the billing; the Agriculture
Department monitors the program; and the Clerk's Office
rec~ives and disburses the receipts.
Emergency Lethal Yellowing Program
Outline of Responsibilities
Contractor
1. Would perform 1nocu1.a,tion,:
A. Provide manpower to inoculate approximately 18.000-20,000
trees wfthir. d periOd of Z month~ (8 weeks)
B. Provide' this service for$(to be'neqotiated) tree/l gram dosage
for each additional gram or dosage ~ (to be 'neQotiRted) to be
added to the base.p~ice.
C. Contractor to approach every pror~rty owner and advise owner
that County,through Contractor,is performing th1.> work in
accordance with County ordinance.
D. If property OImer is not available. contractor will leave
a standard note on property, or will notify the County
to fon~ard a letter of notification.
E. After the service is performed, the Contractor will bill
the property owner with an invoice to be developed by
County staff. '..
AGRICULTURE DEPARTMENT
1. Will develop a master list of all known trees from the invoices
received. This list will be continually updated throughout the
life of the program.
2. Will check each inoculation performed against this master list.
3. Will bi-weekly tabulate and compile the invoices received in
'order to document payment to the Contractor.
4. Will process the BCC Resolutions required in the lien process.
5. Will forward letters of 5 day notice to property owners not
available.
CLERK TO THE BOARD
1. Will deposit all receipts into an enterprise fund.
2. Will establish and maintain an enterprise'fund to handle the
flow of receipts and expenditures.
3. Will actuate a transfer from the General Fund as per the
attached budget information to provide the necessary
funding to begin the program.
4. Make bi-weekly payments to the Contractor in accordance with
the documentation provided by the Agriculture Department.
BCJK 052 PACt 398
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Aprfl I, 1980
4. In addition to the negotiated fee to be charged to the property owner,
the following line item costs will be prorated and included in the overall
cost of the property owner:
Salaries
FICA
Retirement
Insurance
Vehicle Rental
Printing & Binding
Office Supplies
Postage
Duplicating
Gas & on
$ 1.600*
104
146
130
136
500
50
l,500
50
100
*8 weeks salary of an employee to b!
transferred from Building Maintenance.
Supplies
Helicopter
Contingency
TOTAL
9.0C:i
200
675
$ l4,191
Assuming la.OOO trees and a collection rate of 95%, 17,100 trp~s will be
inoculated
$~j:~~6.
.8299 or 83t
or 83t to be added to the base price negotiated with the contractor.
5. Additional cost information will be presented to the Board of County
Commissioners at the time of the execution of the contract.
Assistant County Attorney Tony Pires verified two minor changes in language
that have been incorporated in the final document and explained what the
circumstances must be in order for a lien to be placed against property that
has had the necessary inoculation done but has not paid a rendered bill.
Mr. Bruce Holly spoke in opposition to the adoption of the proposed
ordinance, saying such inoculation leaves the palm tree scarred and unsightly
1, for life and he, himself, would rather discard the tree altogether. Nr. Holly
also made mention of a "spraying method" for inoculation that has been used
on the east coast of Florida which does not scar the trees and asked that
I i such a method be looked into for this side of the state. Commissioner Pistor
asked Mr. lowery to research such a method and submit such information should Mr.
lowery find it feasible to use.
Commissioner Archer moved, seconded by Commissioner Pistor and carried
4-0, with Commissioner Wimer absent, that the, emergency ordinance as numbered
and titled below be adopted and entered in Ordinance Book III.
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052 PACE401
April I, 1980
Commissioner Archer moved, seconded by Commissioner Pistor and carried
4-0 with Commissioner Wimer absent, that the above-referenced three names be
approved as a Consultant Sel~ction Committee for the road improvement program.
RESOLUTION NO. 80-74 TO RECOVER FUNDS EXPENDED BY THE COUNTY TO ABATE A
PUBLIC NUISANCE ON lOT 8, BLOCK 13. UNIT 2, lELY TROPICAL ESTATES _
ADOPTEO
Commissioner Archer moved, .econded by Commissioner Pistor and
carried 4-0. with Commissioner Wimer absent, that Resolution No. 80-74 to
recover funds expended by the County to abate a public nuisance on lot a,
Block 13. Unit 2, lely TropIcal Estates, (H.l. Alfred) in the amount of
$70.00, be adopted.
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~O~K 052 PACE 403
April 1, 1980
LIBRARY DIRECTOR'S ATTENDANCE TO INTRODUCTORY COURSE IN ELECTRONIC DATA
PROCESSING SYSTEM ANALYSIS - APPROVED IN AMOUNT OF $610
Commissioner Archer moved, seconded by Commfssioner Pistor and carried
4-0, with Commissioner Wimer absent, that the Library Director be authorized
to Attend an introductory course In Electronic Data Processing System
AnalYSis and that the Fiscal OffIcer be authorized to make the necessary
line-item revision in the library Budget in the amount of $610.
PETITION FDPO-BO-V-7 BY WILLIAM SLOCUM AND WILLIAM HILT REQUESTING A
VARIANCE FROM THE MINIMUM BASE FLOOD ELEVATION REQUIRED BY THE FLOOD
DAMAGE PREVENTION ORDINANCE - ADVERTISING AUTHORIZED FOR PUBLIC HEARING
APRIL 22, 1980
Commissioner Archer moved, seconded by Commissioner Pistor and
carried 4-0, with Commissioner Wimer absent, that Petitfon FDPO-80-V-7
filed by William Slocum and William Hilt requesting a variance from the
minimum base flood elevation required by the Flood Dar,dge Prevention
Ordinance be authorized for advertisfng for public hearing April 22, 19BO.
ORDINANCE TO REQUIRE MANDATORY lETHAL YELLOWING DISEASE INOCULATION AND
TRE~TMENT - AUTHORIZED FOR ADVERTISING FOR PUBLIC HEARING ON APRIL 22, 1980
Commissioner Archer moved, seconded by Commissioner Pistor and
carrIed 4-0, with Commissioner Wimer absent, that an Ordfnance to require
mandatory lethal yellowing disease inoculation and treatment, be authorized
for advertising for public hearing April 22, 19BO.
CONSULTANTS FEES FOR CH2M HILL RE NEGOTIATIONS FOR THE ACQUISITION OF MARCO
UTILITIES IN THE AMOUNT OF $4,323.a2 - APPROVED
Commissioner Archer moved, seconded by Commissioner Pistor and carried
4-0 with Commissioner Wimer absent. that the fee for the Consulting Engineering
firm of CH2M Hill for services in connection with the negotfations for
the Marco Island Utilities. be approved in the amount of $4,323.82 with said
amount to be paid from the System Development Charges being collected for the
County Wa ter Sys tern.
CHAIRMAN AUTHORIZED TO SIGN FMHA APPLICATION RE WILLOUGHBY ACRES WATER AND
SEWER IMPROVEMENTS FOR SUPPLEMENTAL LOAN FUNDS UP TO THE AMOUNT OF MONIES
AUTHORIZED IN THE BOND RESOLUTION
Commissioner Archer moved, seconded by Commissioner Pfstor and carrfed
4-0 with Commissioner Wimer absent, that the Chairman be authorized to sign
the FmHA application, if necessary, for supplemental loans regarding
Willoughby Acres Water and Sewer Improvements, up to the amount of the
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April I, 1980
monies authorized in the Bond Resolutions. Said application to be forwarded
to the FmHA immediately upon receipt of the construction bids, however, the
decision to accept any supplemental loans will be left with the Board ~f
County Commissioners, Ex-Officio Board of Governors of the County Water-
Sewer District.
CHAIRMAN AUTHORIZED TO SIGN FMHA APPLICATION RE MARCO SEWER PHASE I
IMPROVEMENTS FOR SUPPLEMENTAL LOAN FUNDS UP TO AMOUNT OF MONIES AUTHORIZED
IN THE BOND RESOLUTION
Commissioner Archer mo~~d, seconded by Commissioner Pistor and carried
4-0 with Commissfoner Wimer absent, that the Chairman be authorized to
sign the FmHA applicatin~, if necessary, for supplemental loans regarding
Marco Sewer Phase I Improvements. up to the amount of the monies nuthorfzed
in the Bond ~esolutions. Said applfcation to be forwarded to the FmHA
immediately upon receipt of the construction bids, however, the decisfon
to accept any supplemental loans will bp. left with the Boaru of County
Commissioners, Ex-Officio Board of Governors of the Marco Water and Sewer
District.
RESOLUTION NO. aO-75 REQUESTING ASSISTANCE OF FLORIDA lAND AND WATER CON-
SERVATION PROGRAM WITH FLORIDA DEPARTMENT OF NATURAL RESOURCES, DIVISION
OF RECREATION AND PARKS REGARDING THE DEVELOPMENT OF BAYVIEW PARK -
ADOPTED
Commissioner Archer moved, seconded by Commissioner Pfstor and
.;
carried 4-0 with Commissioner Wimer absent, that Reso1utfon No. 80-75
requesting the assistance of the Florida Land and Water Conservation Pro-
gram with the Florida Oepartment of Natural Resources, Division of
Recreation and Parks regarding the development of Bayview Park, be
adopted.
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RESOLUTION MWS-80-3 AUTHORIZING THE ISSUANCE OF SEWER REVENUE AND SPECIAL
ASSESSMENT BONDS NOT TO EXCEED $2.a50.000 TO FINANCE THE CONSTRUCTION OF
AN EXPANSION TO THE SEWER SYSTEM ON /1ARCO ISLAND - ADOPTED _ COUNTY
ATTORNEY AUTHORIZED TO PROCEED WITH BOND VALIDATION FOR PROJECT
Following Utility Director Berzon's review of the proposed Bond
Resolution. Commissioner Archer moved, seconded by Commissioner Pistor
and carried 4-0 with Commissioner Wimer absent, that Resolution MWS-80-3
authorizing the issuance of sewer revenue and special assessment bonds
not to exceed $2,850,000 to finance the construction of an expansion to the
sewer system on Marc~ Island be adopted an~ the C~unty Attorney be authorfzt~
to proceed with the Bond validation for the project.
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APPROVED AND ADOPTED by the Board of County CommissIoners
of Colller County, Florida sItting as the governing body of the Issuer this
~ day of April , 1980.
(SEAL)
MARCO WATER AND SEWER DISTRICT
OF COLLIER COUNTY, FLORIDA
By
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eo::;; 052 PAGf446
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&O().,; 1.052. PAtE447
WATER PURCHASE AGREEMENT BETWEEN OELTONA UTILITIES, INC. AND BOARD OF
COUNTY COMMISSIONERS FOR THE BULK PURCHASE OF POTABLE WATER TO SERVE
THE GOOD LAND ISLES AREA - APPROVEO - CHAIRMAN AUTHORIZED TO EXECUTE SAME
April 1. 1980
Utility Director Irving Berzon reviewed the proposed agreement between
Deltona Utilities. Inc. and the Board of County Commissioners for the
bulk purchase of potable water to serve the Goodland Isles area. pOinting
out two certain provisions of the agreement that should be brought to the
Board's attention - (1) The provision that Deltona will provide up to
500,000 gallons per month to the Goodland area at a price equal to their
existing commercial rates as established by the Board (apprOXimately $.75
per 1.000 gallons) and (2) Any quantities exceeding this amount in anyone
month Shall be paid for at the rate of double the existing commercial rate
(approximately $1.53 per 1,000 gallons). Mr. Berzon said Deltona Utilities.
Inc. had explained this seemingly high Increase over and above the first
500,000 gallons as being that there will be no system development charge
or connection fees.
Commissioner Pistor moved. seconded by Commissioner Archer and carried
4-0. with Commissioner Wimer absent. that the Chairman be authorized to
sign the water purchase agreement between De1tona Utilities, Inc. and the
Board of County Commfssioners for the bulk purchase of potable water to
serve the Goodland Isles area.
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052 rACE455
April I, 1980
PAYMENT OF ROUTINE BILLS - AUTHORIZED
Following Fiscal Officer Harold Hall's statement that the bills being
presented for approval of payment have been prepared following established
procedures and that funds are available, Commissioner Archer moved,
seconded by Commissioner Pistor and carried 4-0, with Commissioner Wimer
absent, that the bills be approved for payment as witnessed by the following
warrants issued from March 26, 1980 through April 1. 1980:
FUND
County Checks
BCC Payro II
Genera 1 Fund
Sewer Area "A" Revenue
County Water Service
WARRANT NOS.
6220 - 6531
10106 - 10561
5
3
3
AUDITS RECEIV:D AND FILED FOR THE RECORD FOR NAPLES WELFARE ASSOCIATION.
COLLIER COUNTY CLERK OF THE CIRCUIT COURT AND COLLIER COUNTY PROPERTY
APPRAISER
Following Fiscal Officer Hall's presentation the audits, as listed
below, were received and filed for the record:
1. Naples Welfare Association. Inc. for the FY ended 12/31/79
2. Collier County Clerk of the Circuit Court for the Fiscal Years
ended 9/30/79 and 9/30/7B
3. Collier County Property Appraiser for the FY end 9/30/79.
INSURANCE CONSULTANT. E. W. SIVER AND ASSOCIATES. INC. AUTHORIZED TO
PREPARE SPECIFICATIONS, EVALUATE BIDS ANO CONDUCT STUDY OF COUNTY'S
PROPERTY AND CASUALTY INSURANCES
Fiscal Officer Hall stated that at the Board's direction, during
the budget reviews last August, 1979, the fiscal office began developing
information for specifications to go out for competitive bid for the
County's insurance package. All information that was forthcoming from
such a research project has now been put together with the following
recommendation:
That the Board of County Commissioners authorize E. W. Siver
and Associates, Inc. to prepare specifications, analyze bids
and present recommendations for re-marketing the County's
Property and Casualty Insurance for a fee of $5.000.00
Commissioner Brown moved, seconded by Commissioner Archer and
carried 4-0, with Commissioner Wimer absent, that Insurance Consultant,
E. W. Siver and Associates, Inc. be authorized to prepare specifications.
analyze bids and present recommendations for re-marketing thp County's
Property and Casualty Insurance for a fee of $5,000.00.
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April 1. 1980
CHAIRMAN AND CLERK AUTHORIZED TO TRANSMIT BUDGET REQUEST FORMS AND
INSTRUCTION FOR THE 19aD-1981 BUDGET - FISCAL POLICY FOR 19S0-1981 _
ACCEPTED AS SUBMITTED
Following Fiscal Officer Hall's statement that the SUbject budget
forms have been prepared according to the Fiscal Policy for 19BO-19al.
Commissioner Archer moved, seconded by Commissioner'Pistor and carried
4-0, with Commissioner Wimer absent, that the Chairman and the Clerk be
authorized to transmit the budget request forms and instructions for
the 1980-1981 budget and that the Fiscal Policy for 1980-1981 be
accepted as submitted.
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&OJK 052 PACE 458
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~~~K 052 PACE465 April 1, 1980.
NEGOTIATIONS WITH H. G. NIX, INC.. FINANCIAL CONSULTANT. FOR ASSISTANCE
IN PREPARATION OF BOND ISSUE REGARDING THE "ONE CENT" TAX - AUTHORIZED
Commissioner Brown moved, seconded by Commissioner Pistor and
carried 4-0, with Commissioner Wimer absent, that Fiscal Officer Hall be
authorized to begin negotiations with H. G. Nix, Inc.. Financial Consul-
tant, for assistance in preparation of the bond issue regarding the "one
cent" gas tax and to bring back to the Board next week a recommendation
concerning the resulting proposal between H. G. Nix, Inc. and the Board.
MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED
There being no objection. the Chair directed that the
following correspondence be filed and/or referred to the various
departments as indicated:
1. Lette~ received March 24, 1900 from Mr. and Mrs.
T. M. Lambert voicing their support for the
proposed Senior Center, preferably on Courthouse
grounds - xc County Manager: and filed.
2. Memorandum dated March 10, 1980 from A. P. Ayers
regarding postage spent on processing reminder
notices for 1979 property taxes - xc Fiscal Officer;
and filed.
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3. Letter dated March 22, 1980 from Sharon G. Moyer
voicing opposition to rezoning of Golden Gate Estates
property - xc Planning Department for response: and
filed.
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4. Letter dated March 24, 1980 from Assistant Attorney
General Thomas A. Beenck, State Department of Legal
Affairs pertaining to a lawsuit filed Challenging the
constitutionality of the special acts re net fishing
in Florida waters - xc County Attorney: and filed.
S. Letter dated March 2B, 1980 from Mr. and Mrs. Chris
P. Coniglio regarding the need to retain the public
beach property site at Barefoot Beach - xc County
Manager, and Planning Department, for investigation
and response, if appropriate: and filed.
6. Letter dated March 27, 1980 from Charles L. Schllecker
voicing opposition to the proposed sight for construction
of a water tower in Goodland - xc Utilities Division
Director: and filed.
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7. Petition dated February 27, 1980 signed by Marco Island
property owners requesting official action to post "no
wake" signs on Marco waterways - xc County Manager: and
filed.
8. Letter dated March 21, 1980 from Joan M. Heggen, State
Department of Community Affairs, with regard to a meeting
to be held March 31, 1980 to explain the planning effort
for updating the Florida plan for responding to accidents
which might Occur at the Turkey Point Nuclear Power Plant _
xc County Manager: and filed.
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April I, 1980
22. Letter dated March 27, 1980 from Michael R. Hightower,
State Director, FHA, regarding planned area. to commit
financial resources during coming fiscal year - xc Utilities
Division, and County Manager; and filed.
23. Public Service Commission notices re followingr (Filed)
(a) Docket 800l99-CCT for joint application to transfer
outstanding stock of Thomas Hospital Messenger
Service, Inc., Certificate 1508, to Frank H. and
Jacqueline Green.
Ib) Docket 78-777-TP for United Telephone Company _
notice that hearing is rescheduled to April 15, 1980
in Tallah'lssee.
CERTIFICATES FOR CORRECTION RE 1979 TAX ROLLS - APPROVED FOR CHAIRMAN'S
SIGNATURE
Commissioner Archer moved. seconded by Commissioner Pistor and
carried 4-0, wfth Commissioner Wimer absent, that the following Certificates
for Correction on the Tax Rolls be approved and that the Chairman be
authorized to sign same:
1979 Tax Roll
1979 Tax Ro 11
1979 Personal
Property
NOS.
471-4Ba
491
167 and 170
DATED
3/21 - 3/27/80
3/27/BO
3/21 - 3/31/ao
USE OF HELICOPTER AS NEEDED FOR AERIAL SURVEYS FOR LETHAL YELLOWING
DISEASE AFFECTING PALM TREES - APPROVED
Commissioner Archer moved, seconded by Commissioner Pistor and
carried 4-0, with Commissioner Wimer absent, that the use of the small
helicopter for aerial surveys to determine the number and location of
palm trees in Collier County affected by the lethal yellowing disease,
be authorized.
JOSEPH D. BONNESS, JR. APPOINTED TO SERVE AS WMAB'S REPRESENTATIVE
ON THE GOLDEN GATE ESTATES STUDY Cl~ITTEE - APPROVED
Commissioner Brown moved, seconded by Commissioner Archer and
carried 4-0, with Commissioner Wimer absent, that Mr. Joseph D. Bonness.
Jr. be appointed to serve as the, WMAB's representative on the Golden Gate
Estates Study Committee. This appointment will fill the vacancy left by
the resignation of Mr. Fred McCloska on June 1. 1979.
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April 1. 1980
CHAIRMAN AUTHORIZED TO SIGN CERTIFrCATE OF ACCEPTANCE RE LEAA GRANT/NAPLES
WllDEPNESS GRANT APPllCATION 180-JC-09-FFOl
Commissioner Archer moved, seconded by Commissioner Pistor and
carried 4-0, with Commissioner Wimer absent. that the Chairman be authorized
to sign the Certificate of Acceptance re LEAA Grant 180-JC-09-FFOl for the
Naples Wilderness Alternative Program in the amount of ,$7,93a and dated
11-1-79 to 4-30-BO. Such signing subject to review of same by County
Attorney and Fiscal Of~icer.
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&O:iK 052 pm 468
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052 PlCE 47f
April 1, 1980
RESOLUTION NO. 80-76 EXPRESSING THE BOARD'S OBJECTION TO THE SINGLING
OUT OF PLEASURE BOATS AS A SPECIFIC AREA FOR ENERGY CONSERVATION BY THE
FEDERAL GOVERNMENT - ADOPTED
Commissioner Brown moved, seconded by Commissioner Pistor and
carried 4-0, with Commissioner Wimer absent, that Resolution No. aO-76
e~pressing the Board of County Commissioners' objection to the Federal
Government's singling out of pleasure boats as a specific area for
energy conservation be adopted and said resolution to be transmitted
to the County's Congressional delegation.
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April I, 1980
IlOOK
052 PACE '4:73
COMMISSIONER TOM ARCHER REAPPOINTED AS THE BOARD'S REPRESENTATIVE TO THE
MENTAL HEALTH CLINIC FOR THE TERM FROM APRIL. 1980 THROUGH MARCH 31. 1981
Commissioner Pistor moved. seconded by Commissioner Brown and
carried 4-0, with Commissfoner Wimer absent, that the reappointment of
Commissioner Tom Archer as the Board's representative to the Mental Health
Clinic for the term from April, 19aO through March 31,1981, be approved.
CORRECTED COpy OF THE PRESIDENTIAL PREFERENCE PRIMARY FOR REPUBLICAN
STATE COMMITTEEMAN AND COMMITTEEWOMAN FROM THE MARCH 11, 19aO ELECTION _
ACCEPTED FOR THE RECORD
^ corrected copy of the Presidential Preference Primary for
Republican State Committeeman and Commftteewoman from the March II, 1980
election was accepted as submitted by the Supervisor of Elections Edna
Santa.
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eoo~ 052 PAGE 475
UTILITY EASEMENT RE WILLOUGHBY ACRES WATER/SEWER IMPROVEMENT FROM GORDAN
E. AND JOSEPHINE CATES - ACCEPTED FOLLOWING RECORDATION OF SAME
April 1. 1980
Pursuant to action taken by the Board en April 3. 1979 wherein the
Board approved the acceptance and expenditure of funds for the recording
of all Utility Easements related to the Willoughby Acres Water/Sewer
Improvement. Utility Director Cerzon submitted the following Utility
Easement same having been recorded in the Official Records:
Gordon E. and Josephine Cates
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8001\ 052 PACE 479
April 1, 1980
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair. Time: 4:30 P.M.
BO^RD OF COUNTY COt~tSSIONERS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
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ATTEST:
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