Loading...
BCC Minutes 10/21/1986 R Naples, Florida, October, 21, 19J6 LET IT BE REI1EMBEREiJ, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing ~oard(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in RECULAR SESSION in Building "F" of the Courthouse Complex, East Naples, Florida, with the following members present: CHAIRMAN: John A. Pistor VICE-CHAIRMAN: Anne Goodnight Frederick J. Voss Max A. Hasse C. C. "Red" Holland ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance Director; Maureen Kenyon, Deputy Clerk; Donald B. Lusk, County Manager; Neil Dorrill, Assistant County Manager; Ken Cuyler, County Attorney; Ann McKim and David Weeks, Planners; Mike Arnold, AssistÐnt Utilities Administrator; David Pettrow, Community Development Administrator; Kevin Q'Donnell, Public Services Administrator; Leo Ochs, Administrative Services Administrator; George Archibald, Public Works Administrator; Ken Pine!u, Fliet Management Director; Nancy Israelson, 'Administrative As~istant to the Board; and Deputy Chief Ray ".~.4Þ>,... Barnett, Sheriff's Depart~ent. ..' ~.' :¡ Pðge 1 JOÐ( O!JB f:.;r 3'56 .. .~'... ( October 21, 1986 Tape f1 Ital!! U 1\GEND2\ - 1\PPROVED WITH THE FOLLOWT.NG CJt2\NOES Commissioner Voss moveð, seconðeð by Commissioner Gooðnight anð carrieð unanimoualy, that the agenðn be approvoð with the following changes: a. Item 6Bl - Petition R-86-13C, oontinuod indefinitely. b. Item 6C1 - Fair Housing Orðinanco - cQntinueð to 11/4/86. c. It.m 9D2 - Insurance requirements tor PV1\C _ continued to 11/4/06. ð. Item '12D regarding Redlands Migrant Christian 1\ssoc. _ addeð at request of Co~~issisonQr Goodnight. e. Item 12d re Izaak Walton League - to be hearð at 2:00 P.M. Item '4 MINUTES OF 9/29/86 1\ND 9/30/86 PROPERTY 1\PPRAIS1\L ADJUSTMENT BOARD AND ~86 SPECI1\L DCC MEETING - APPROVED Commissioner Goodnigh":: moved, seconded by Cornrnissionor JIass. and carried unanimously, that the minutes of the Property Appraisal Adjustment Board ot Septenber 29, and September 30, 1986, be approved. Commissioner Goodnight moved, secondeð by Commissioner Voss and - carried unanimously, that the minutes ot September 30, 1986, Special meetinq, be approved. Item 'SA EMPLOYEE SERVICE AWARDS Commissioner Pistor presented Employee Service Awards to the following: . . . ..,.",-.,.,..}/to. , , Oliver Fussell - Road.& Bridge (Not Present) Dennis Mezzone - Engi~eering .. ~' 10 years 5 years Page 2 BOOK {J98rr.ti372 'DOC D9B~:J1J October 21, 1986 Item f5B PROCL1\HATION DESIGN1\TING THE "FElt OF NOVEMBER 9-15, 1906, 1\8 "YOUTH APPRECI1\TION "BElt" - ADOPTI:D Commissioner Voss moveð, secondod by Commissioner Hasse and oarried unanimously, that the procl~ation designating the week of November 9-15, 1986, as "Yc·uth Apprcaciation Week" be aðopteð. ,.. .' ~ /' .... .""...~'.. .' Page J - - - ;)~'I"" :·?~~r~~. } . ~ ~,.. ..'1!'''~'' ~ I ' .... .. .:\i~l 1';:-:: .', . " ~'~' ~¡¡,,"l ,'. .,'" . c . '~~~'I~' ",tfr,:J...;ff':~ :"~' if:" ,.,,t, . ." '.' .., . ~. ;¡.,:tJ9Bkt3i5·, ':'l':: ,!.<t,~: /~~~. : .~t ',\ ". <' . Item'7Al' RESOLUTION 86-203 RE PETITION V-86-¡2, DR. NENO J. SP2\GNA, REPRESENTING ARTHUR J. GREENLING, REQUESTING A 5 FOOT V2\RIANCE FOR PROPERTY ON THE E1\ST SIDE OF 40TH TERRACE S.W. - 1\DOPTED October 21, 1986 Legal notice having been published in the Naples Daily News on October 5, 1986, liS evidenced by ^ffidavit of Publication filed with the Clerk, public hearing was opened to consider Pe(ition V-06-12, filed by Dr. Neno J. Spagna, representing Artnur J. Greenling, ~ requesting a five foot variance from the requ!reð rear yard setback of ..... ...,..'~.. 25 feet to 20 feet, for property located on the east side of 40th Terrace Southwest, approximately 650 feet south ~f Green Boulevard in Section 22, Township 49 South, Range 26 East. . Planner Weeks stated that the property is zoned C-5, Commercilll Industrial and exceeds the lot width and area requirements. He noted that the rear yard setback requirement is 25 feet and the petitioner proposes to construct a 40 foot by 80 foot steel building which will encroach 5 feet into the rear yard setback. He indicated that the building will contain a 20 foot by 40 foot office/work area which will include an office, parts storage area, restrooms and a clean room to work on parts in a controlled environment and the 60 foot by 40 foot repair area will contain an overhead crane mechanism that is necessary to lift heavy equipment and machinery. He stated that the equipment and machinery to be repaired is typically'delivered by semi-trðctors. lie noted that to allow adequate room for maneuverability of these vehicles, and to leave room for the required parking facility, the ~ Page 4 - October 21, 1986 building has to be located a9 shown on the site plant as opposed to facing a different direction. He stated that after review by Staff, it was felt that the work area could be reduced by five feet in order to meet the setback requirements, but this would mean eliminating the clelln room. He indicated th~t the repair business could still operate at this locaticn without the clean room, but would require the appli- cant to continue to send cerLain parte to Tampa for repair. He stated that there is a certain hard~hip but it does not apply to the entire building and, therefore, Staff recommends denial. In answer to Commissioner Voss, Mr. Weeks stated that the setback is on the east side and woulé not affect the residential are3. He stated that the business is teing entered off 40th Terrace Southwest, which is an alleyway that is partially paved. In answer to Commissioner Hasse, Mr. Weeks stated that this building should allow thèm to store some of their heavy equipment under cover. Dr. Neno Spagna, representing the petitioner, stated that this property was rezoned about 5 years aso and the operation is unsitely looking at the present time, ~ecause there is no storage for vehicles . .' or equipment. He à1:'!rŒðA'tha't he feels that the request is not out of ,,- context with the surroundlng ,!rea and it will be an improvement to the area. He stated thaS,the original building was put in according to the ordinance and goes almost to :he property line and, therefore, this variance is not an extreme request. He indicated that the Petitioner BO~ 098~~37S Page 5 . ..... 'T'_-"~""~' IDOK l19B~;[377 October 21, 1986 ordered this building from 1I compðny in Houston, TexlIs, and when the contractor applied for the permits,- it was determined that the building was five feet too long. He noted that if he is granted the variance, he has agreed to meet all the requirements of the County, including easements, landscaping, engineering and water management requirements. He stated that he would like to get the building built in order to clean the area up and continue his business. He indicated that since he has committed h~mself to purchas~ng the building, he I' does not know if ~e will be able to gèt out .oftba-eoontract if the .' . var iance is not granted. - Commissioner Pistor stated that ~eople create thei~ own problems liS this is contrary to the Zoning Ordinance which ,should be checked into prior to committing ones~lf to anything. Dr. Spagna stated that he hopes that the bepefits of cleðning up the area outweigh the fact thDt he did not check into zoning prior to committing himself. In answer to Commissioner voss, Dr. Spagna stated that the cleaning room is used for cleésning delicate parts of the engines. Mr. Arthur Greenling stated that if he can build this building all work will be done inside the building, ðdding that he is trying to conform to the area. He stated that at this point it would not be advantageous to build unless he gets the variance in order to keep everything inside. He stated that he wili do the lðndscaping around thE' area a5 500n as he has the building in place. Page 6 - - .. October 21, 1986 Planner Weeks stated thélt the petitioner must meet all necessary landscaping and site requirements before a "CO" is issued. Mr. Greenling stated thet ~he only type of equipment that will be left outside is that which is made for the highway, adding that all the junk would be removed. He stated that he picked this location due to the fact that it is in the center of activity that is best for his business. Commissioner Goodnight questioned if the petitioner is in viola- tion in his present state, to which Mr. Weeks replied negatively, adding that he is operating on site without a permanent structure but the use is allowed on the property. Commissioner Goodnight stated that he is operating legally and the only option would be to allow him this variance which would clean up the property as well as keep people employed. Mr. George Keller, representing the Collier County Civic Federation, stated that he is normally against variances, but in this case he would recommend approval as the property is an eyesore at the present time and if this would be an improvement to the property, he is in favor of it as long as therß are stipulations concerning landscaping. . .' In answer to còr1!TlITš'š1"oO(!'r Hasse, Mr. Greenling stated that he 0/ would like to have the al~erway paved. Commissioner Vos,s·'moved, aeconðed by Commissioner Goodnight and carried unanimously, that the public hearing be closed. Page 7 '01)( 098r.:.2:378 ,.-----.- ". ,-,.._;~_...__._..,..._- ..ODK 098~.tI!37B October 21, 1986 Commissioner Goodnight noved, seconded by Commissioner Voss and carried unanimously, that RlJsolution 86-203 re Petition V-86-12, Dr. Neno J. Spagna, representing Arthur J. Greenling, requesting a five foot variance for property on the east side of 40th Terrace Southwest be adopted. " .< .. /' " . ..,,,,~.~ Page 8 .. - October 21, 1986 Tape t2 Item f9Al AGREEMENT WITH SP'WMD AUTHORIZING THE ENVIRONHENT1\L SCIENCE AND POLLUTION CONTROL DEPARTMEJ~ TO PERFORM THB HYDROMONITORING PROGRAM FOR ONE YE1\R FOR SP'WMD IN RETURN FOR $3,440 - APPROVED Mr. Bill Lorenz, Environmental Science Pollution Control Director, stated that he iH requesting that the Board of County Commissioners approve the élgreement wi th South Flor ida Water Management District to perform a hydromonitoring program for one year. He stated that there are 12 surface water sites to monitor to gather baseline data to determine any changes in water quality. He stated that a major objective is to establish water quality monitoring programs to assess the impact that sewage and sludge disposal are having upon Collier County's water resources. He indicated that a key part of this monitoring is to assess water quality trends and recom- mend plans and programs that will protect Collier County's water resources from existing and future sources of water pollution. He stated that the fiscal impact is zero as he will be reimbursed for the cost and he is requesting that Ene Chairman sign the agreement for the hydromonitoring prograQ.., ..~.IiIÞ"· . Commissioner Pistor s..télted that this program fits in with the provisions of the ordinance: for the Environmental Science and >' POLlution Control Départment that was approved by referendum. Commissioner Voss moveð, seoonded by Commissioner Goodnight and carried unanimously, that the agreement with SP'WMD authorizing the Page 9 2011« 09B'~7Z3B2 lOOK 09B.1'::r.3B3 Ootober 21, 1986 BSPCD to perform the hyc1roD\CInitorinq program for one year tor SFWHD in return for $3,44 0 be approvltc1. ~ ,< .. / " . .'O/___'~'.. Page 10 .. .. .. October 21, 1986 It.. 191\2 RESOLUTION 86-204 AUTHORIZINØ $5,121.76 TO ROSE B01\T 1\ND ENGINE WOR~S '1'0 REPLACE AN INB01\RC ENGINE FOR THE BOAT FOR THE ARTIFICIAL REEF PROGRAM - ADOPTED Dr. Henningsen stated this is a request related to the boat used for the reef program which i"' for a reef two to five miles offshore in .' the Gulf of Mexico. He statE,d that the State requires that the reef sites be visited and a safe boat is needed for this. He stated that presently a 22 foot Aquasporl that is powered by a 350 O.M.C. inboard engine is used, adding that ~'rior to his department purchasing this boat, it was used by the Sheriff's Department. He noted that it is currently inoperable as the ~ngine needs to be replaced. He stated thllt of the three bids that ~'ere received, he is recolT.rnending that Rose Boat and Engine Works b~ awarded the job of replacing the engine for $5,121.76. He stated thet the boat is in good shape and seaworthy, but the engine ha~ had a number of repairs prior to engine failure. In answer to Commíssioner Holland, Deputy Chief Barnett stated that the existing engine is é strai~ht inboard, not outdrive. Commissioner Holland move,d, secondeð by Commissioner Hasse and carried unanimouslyr-th~~ Ré~olution 86-204 authorizing $5,121.76 ,/ t~ Rose Boat anð Engine Works to replace an inboard engine for the boat for the artificial reef prograM be adopted. Mr. John Keschl questioned how long this boat would last and how often it would be used, to w~ich Dr. Henningsen stated that presently IOD( Œ]8,w¿3!J4 Page 11 098p~395 October 21, 1986 there is one project under ~ontract which is southwest of Marco, but three other projects will be starting and he envisions using this boat once every two weeks for the n~xt 6 months to a year. Commissioner Pistor stated that these reefs will be inspected more often as well as the buoys as they have a tendency to disappellr fre- quently. ~ , , ,< .. I' .' . ;..,~~.. Page 12 - - - October 21, 1986 Item 1911.3 RESOLUTION 86-205 ENTERING INTO 1\ CONTRACT FOR THE ~CCEPTANCB OF $20,000 GRANT FROM DNR FOR THE ARTIFICIAL REEF PROGRAM - ADOPTED Dr. Henningsen stated that his department is searching for outside revenue to support the Re~f Program and a grant proposal was submitted to the State last fall, adding that they were notified that the County has been funded in the am~unt öf $20,000. He stated that they antici- pate using this money to defray BO% of the cost of concrete culverts that will be placed five miles offshore of Doctors Pass. He noted thJt no grant money has e~er been received for a reef program prior to this money, and ~e is asking that the Board of County Commissioners enter into the contract with the State DNR. In answer to Commissioner Pistor, Dr. Henningsen stated that 50% of the culverts are being stored neðr the landfill and the other 50% is still at Naples Culve~t and Recycling. He noted that these culverts were donated to the program as they are reject culverts and not usable. commis.ioner Hollanð moved, secondeð by Commissioner Hasse anð carried unanimously, that Resolutio~"86-205 entering into a contract for the acceptance of $2o,~09 grant monies from the DNR for the ".~."'~' . Artifioial Reef Program be aðopteð. .. , . ," ~' JOD( UB8¡?,:.~3DB Page 13 .' " October 21, 1986 It.. 191.4 RESOLUTION 86-206 B~ERING INTO A CONTRACT FOR THE ACCEPTANCE OF A $23,500 GRANT FROM THE DERELICT VESSEL REMOVAL PROGRAM OP THE PLORIDA DNR FOR THE ARTIFICIAL REEF PROGRAM - ADOPTED Dr. Henningsen stated that a grant proposal was submitted this 8ummer and he has been informed that Collier County will receive $23,500 for the Derelict Vessel Re~val progra.. He indicated that a search has been done along the coastline of Collier County and there lire 50 to 60 boats, but the majority are pleasure boats and not appropriate for the reef pre gram. He stated that 3 larger boats from 45 to 65 feet have been locéted as well as one pontoon boat, adding that this money would remov(, those boats to be used for the artificial reef. Mr. Mike Zewalk stated that the County keeps taking money which only causes a bigger deficit, adding that at one time, he can remember the County refusing grant money. He stated that the County is going to pay a price in the long run for taking grant monies. commissioner Voss mov~d, seconded by Commissioner Goodnight and oarried unanimously, that RosolutioQ 86-206 entering into a oontraot for the aoceptance of $23,500 in grant monies from the Dereliot Vessel . .' Removal Program Of~'Fi~rida DNa for the Artifioial Reef Program be .. aðopted. ~/ , , '. , PlIge 14 ~ODK 098p..Q404 .:. October 21, 1986 Item UBl RESOLUTION 86-207 AMENDING RESOLUTION 85-200 SOLID W1\STE F1\CILITIES FEB SCHBDULB TO BST1\DLISH TR1\NSrER AND DISPOSAL FEES FOR FISCAL YEAR 86-87 - ADOPTED Public Works Administrator Archibald stated that this item deals with solid waste fees and tipping fees which was previously continued. He stated that he is prepared to review what was approved in the budget and the expanded services request and answer any questions regarding how the fee was determined and how they relate to residen- tial users. He referred to two charts, indicating that one is for current service and one is for expanded service for the current year, adding that the charts show the revenue that is current and the reve- nue projected. He stated that the expanded service shows a $640,000 shortfall which will be made up over a long period of time, but is one reason tbat the tipping fees needed to changed. Commissioner Holland"stated that the las~ time this item was pre- sented, there was no shortfall and the money was to go into a sinking fund for lllnd purchase and eçuipment. Mr. Archibald stated that this is correct, but the shortfall is what was approved in the budget for èxpanded s~rvices. Commissioner Ho~'s(aied that when the budget was approved, it '" had been confirmed that there would be a resource recovery plant, and questioned why additional land is needed when the land that is pre- . ,. sently being used will last another 7 to 15 years? He stated that when mandatory trash pickup goes into effect, it was stated that the Page 15 &DDK 098;p.;;Jf 438 aoOK 0981'.\7. 439 October 21, 1986 prices would be lower per clJstomer ðnd the prices are already going up to cover a shortfall. Mr. Archibald stated that the shortfall is based on items that Commissioner Holland mentioned. He stated that there is an active need for a landfill whether or ~ot there is resource recovery. He stated that equipment needs to be replaced as well as the need for additional land. He indicated that there is a need-for monitoring to conform to State requireITents, which are long-term items that need .. to be addressed and the budget reflects that with sinking funds. ..,,,,'~.. .." . Commissioner Holland_stated that the Board of County Commissioners was told that it was the plan of the State to disallow landfill proce- dures in this part of the State, which was one of the selling points of the resource recovery. Commissioner Pis tor questioned if separating the items for the landfill and the resource recovery plant would offset the need for additional landfill apace? He stated that equipment could be purchased to do this type of operation and more land could be purchased at a later date if it was determined that it was needed. Mr. Archibald stated that the comments of Commissioner Pistor are a real possibility and studies are being done regarding this. Commissioner Pis tor questioned if these changes of rates were included when the budget was set up, to which Mr. Archibald replied affirmatively, adding that the charts were taken from the budget book, which indicates not only current services but expanded services, Page 16 - - - October 21, 1986 sinking funds, and equipment which dictates a need for additional revenue with the main source coming from tipping fees by increasing them. He noted that the equipment replacement and additional land purchase is being done over a period of years. Commissioner Piator questioned ~Ihat is going to happen with the Immokalee landfill, to whic~ Mr. Archibald stated that he is going ahead with the permitting ar,d developing the new cell in order to con- form to St.ate requirements, adding that a large amount of the expanded services reque~t is to continue developing the Immokalee landflll and to monitor it. Commissioner Pistor queßtioned what happens if the Immokalee land- fill is closed and everythlng is brought to Naples? Mr. Archibllld stated that there would be necessary expenses involved in the closure of that landfill as well as the monitoring of it, adding that he is trying to set money aside each year to cover long-term monitoring cost. Mr. Archibald ste~ed that there is also items of cost involved in regards to providing the billing sy~tem for mandatory trash pickup. Tap. U . .' Commissioner Ha~'štatéd that the cost is supposed to be lower to ,. the residents with mandat91Y trash pickup. Mr. Archibald stllted that this is the basic P9~ition that the County is taking, but not all the franchisees agree ~nd until a contract can be negotiated, they are not in a position to consider the mandatory trash pickup at this time. Page 17 am 098 p;;.-: 440 n981':2:4ß. October 21, 1986 Assistant County Manager Dorrill stated that this item was con- tinued two weeks ago based on the concerns of the Contractor's Association. He stated that he met with them and presented budget figures to them, adding that in the absence of the Contractor's Association this date, it should indicate that they do not object to the proposed increase. Commissioner Pistor questioned if Mr. Dorrill would make any com- .I,.f ments regarding the m11ndatory trash collectio~ and the negotiations with the franchisees? Mr. Oorrill stated tha~ there is no direct correlation between this increase anð the cost'õ~~aatory collec- - tion, adding that it is not totally dependent on what is done at the . landfill. He stated that the discussions havß been very cooperative with Waste Management and they are trying to reach an agreement. Commissioner Holland stated that figures for 1985-86 show an average of 1.8 ton per year per household, and-questioned if that is correct, to which Mr. Archibald replied affirmatively, adding thllt those figures are for last year and as the community grows, the amount of garbage will decrease per resident. Mr. Archibald stated that the procedure to determine the amount of garbage is done by weighing all trucks for residents over a 12 month period that comes in from the franchisees and also ¡ncludp-s the City of Naples. He stated that the total tonnage is then dividp-d by the number of customers. In answer to Commlssionl~r Holland, Mr. Dorrill stated that $100,000 was quoted from thp- Tax Collector to do special billing for PlIge 18 - .. .. October 21, 1986 mllndatory collection, which was propo~ed in the expanded service in the budget for the coming yellr. Commissioner Holland stated that two weeks ago this money was to be used for the sinking fund. Mr. Dorrill stated that there is an amount shown in the budget for the creation of the oinking fund and there is a sinking fund closure which will be used to put ð cover on the landfill at the time it is closed, as well as money for additional land for the future and money for heavy equipment. He stated that there is also a reserve fund set aside, which has been ther~ for a numher of years. He stated that a rate analyst has participated in this matter. Mr. Mike Zewa.k stated that there is supposed to be a $60 per customer per year fee for mandatory collection, adding that presently he is paying $100 per year. He stated that in 1966 he was paying $12 a year, adding that in a-pp-riod of 20 years the rates have increased 800\. Mr. Dorrill stated that the Solid Waste Department and the obliga- tions to dispose of trash 'does not resemble the methods that were used in 1966 as there was no landfill in tmmokalee, there was no transfer stlltion in Collie~,~ rtnà the dump at that time, still causes ".- Naplea Airport Authority ~ lot of problems. , Commissioner Pis tor stilted that he would like to have 1I discussion #,' on mandatory collection in the near future, to which Mr. Dorrill indi- cllted that he would be ready to have a workshop on this mlltter when- aoop; 09B:r,;:!442 Page 19 ¡auK 11 H8 "'J1J!: 443 October 21, 1986 ever the Board would like, adding that Staff feels thllt mandatory collection is good for all, in terms of the people that subscribe to it and also for the people that have franchises who also have a right to make a profit on their investment. Commissioner Pistor stated that the rates and costs could be discussed lit such a ~'orkshcp so that the public will have all the facts. ,~ ,< Mr. Zewalk questioned how the fioure of $64> a year for pickup was " determined? ..~ .. .""...~'... Mr. Dorrill stated t~at a rate consultant was retained to review . information supplied to him in order to propose a rate formula. He indicated that Yah1 Brothers did their own study, .adding that they need to be able to depreciate their equipment. He stated that Staff is not recommending any further franchise exteO$ions, and feels it would be in the best intere3t of the County to put the service out for bid. Mr. John Keschl questioned how many tons per year of solid waste is picked up and disposed of, to which Mr. Archibald stated that there are 150,000 ton of garbage, which includes 26,000 tons of bio-mass, on a yearly basis, which is thp- basis for the fees. Mr. Kesch1 questioned how many tons Yahl Brothers or individuals, bring in, to which Mr. Dorrlll indicated that 3/4th of all solid wllste comes from 3 franchise haulers, which amounts to about 110,000 to 120,000 tons. Page 20 - - October 21, 1986 Mr. Keschl questioned if the $100,000 for the Tax Collector to set up the billing proce~s is a one-time fee, if he will be using his own personnel for this, bnd how long it will take? Mr. Dorrill statmd that this is a one-time fee that will require in excess of 1,500 man hours to put together a computer program to send out mandatory bills to e3ch resident. Mr. Chester Dobeck stated that he is in favor of mandatory collec- tion, but he feels that there is a lot of problems with it, noting that if 150,000 tons of garbage is collected each year lInd the resource recovery plÐnt needs 290,000 tons, there is something wrong with the figuring. He noted that there is also an uneven flow of gar- bllge in Collier County due to the incrcase of winter residents and lllCK of summer residents. Public Works Admlnistrator Archibald stated that the figures are based on a 12 month report and it takes into consideration the peaks and valleys, ajding that the County will meet the long-term require- ments. Tape '4 Mrs. Charlotte Westman stated tbat the League of Women Voters has long been in favor of mandatory collection and "they would look forward . . .~""JIa' . to workshopping this màtt~r as soon ~s possible. .. commissioner Goodnigh~ moved, seconded by Commissioner Voss and carried 4/1, (Commi,~ion.r Holland opposed), that Resolution 86-207 amending Resolution 85-200 solid waste facilities fee schedule to Page 21 lDUK 098~~444 . , aOIlK 098n!l445 October 21, 1986 .stablish transfer and disposßl fees for Fisoal Year 1986-87 be aðopted. .,~'~ .. ,.. ,.' .. ...,-~'.. - - .. Pðge 22 ¡¡¡at n9~'i!"M1 October 21, 1986 .*..* Reoe.sl 10130 A.M. - Reconvened I 10140 A.M. *.... Ite. 9B3 FUNDING SOURCB FOR A STUDY AND REPORT ON BEACH NOURISHMENT IN COLLIER COUNTY '1'0 COME FROM FUND 301 IN THE AMOUNT OF $152,500 - APPROVED Public Works Administrator Archibald stated that this item is to determine the funding source for the beach nourishment study and report in the amount of $152,500, adding that ONR will reimburse the County $42,500. He stated that this is the first step in getting this .. /" project underway. ~ .",..~'. .' . Commissioner Goodnight questioned if the City is going to help with this study? Mr. Archibald stated that the City has done ð study that will cover most of their needs, adding that at the time of the construction phase, it will be determined as to what the fair share of the City would be. commissioner Voss moved, seconded by CQmmissioner Hasse anð oarrieð unanimously, that the funðing source for a stuðy anð report on beaoh nourishment in Collier County come from P'Unð 301 in the amount of $152,500. It.. US" RESOLUTION 86-208 AWARDING CERTIFIC1\TES OF CONVENIENCE AND NECESSITY FOR VEHICLES FOR HIRE TO MARCO ISLAND LIMOUSINE ENTERPRISES, INC. AND FIRST CLASS SERVICE - ADOPTED Public Works Adm~nistrator Archibald stated that this item is to recommend awarding Marco Island Limousine Enterprises, Inc. and First Class Service their Certificates of Convenience and Necessity for Vehicles for Hire. He stated that staff has confirmed that these two Page 23 - - - ._--""""..._-~..'--"'-" "."...,..",..''''-''~''~''"''----''''''- ';,;'j ." ". .., .- October 21, 1986 ~i companies comply with the ordinance. Commissioner Qoodniqht moved, .econded by commissioner VO.. and carried unanimously, that Resolution 86-208 awarðing certifioates of Convenienoe and Necessity for Vehicles for Hire to Marco Island Limousine Enterprises, Inc. and First Class Service be adopted. : ". ~- !,.; ,'" ) . ' '. ',' .. 'J " , . .' ~.-'" . I' .. ;.! I 0' J.' , J q";,; . i ~'~~: . '/, " ¡ , I ."", r i , .; I , ' . :., . ~ Page 24 ~1)or:; 098~~44.8 ·f-. , ii' I,.! ~ . n') ./ I "'Ir, \/.", y , '¿ ;:: l.·I;~r ......·,~_'-''"...........'__''''o__.''..,....,.,,'"···.· '_'"-"~"''''''''._~"''-''"___"___~_''~_ October 21,1986 It.. '9Cl RESOLUTION 86-209 AUTHORIZING THB PURCHASE OF SERVICES ON '1'HE OPEN MAR~ET BY COLLIER COUNTY SERVICES FOR SENIORS - 1\DOPTED Public Services Administrator O'Donnell stated that he is requesting the ability to hire on the open market, service for in-home cllre for seniors. He stated that he has reviewed this with the County Attorney and the Risk Manager and they have no problems with it. He stated that there is no fiscal;impact as Collier County Services for Seniors operates on grant ~rograms and already has funds for purchase of services in the budget. Commissioner Hasse questioned how 66ç per vehicle mile is deter- mined, to which Social Services Director Skinner stated that this figure is given to the County by the Division of Trllnsportation for elderly service in Immokalee. She stated that this is what they use, adding that a lot of the clients are from Immokalee and are transport- ed to Naples or Fort Myers and this figure covers the driver, the vehicle and mileage. She stated that there is no charge for waiting on a client, adding that usually two or three people go at the same time, lInd when they a~e dropped off they are told what the designated time will be for pickup. She stated that the County is not liable for insurance lInd the Trl-County Servic~s, Inc. has sufficient insurance coverage. . ..' .,~-4þ,.. Commis8ioner Holland .oved, .eoonded by Commissioner VO.8 and .. oarried unanimously, that-Resolution 86-209 authorizing the puroha8. ot serviceA on the open market by Collier county servioes tor seniors, b. adopteð. Page 25 IODK 09Bf.O.~~52 .. 11 ~ . -- ... "" ~ \. .., .' L¡k~ " .:, t " .'. ~ØD( 09B~455 Ite.f12D $21,000 MATCH FOR THB REDLANDß MIGRANT CHRISTIAN ASSOCIATION - APPROVED ON A Oh~ TIME ONLY B~SIS October 21, 1986 Commissioner Goodnight st!ted that this item was brought up a few weeks ago and since that time i~ has been determined that there is a possibility of funds available thr.ough the Social Services Department. ;~ Assistant County Manager Dorrill stated that,there is $80,000 in the Social Services client aSßistant budget w~ch could be used for this I' as it is associated with a State-mandated ~~~gr~e stated that the Redlðnds Migrant Christiðn ASBociation is a non-profit organization . that has a chance to receive a $150,000 grant. He stated that in the event that the Board decides to participate, the proper approach would be to direct Staff to enter into an agreement with the Redlands Migrant Christian Association indicllting that ~here is no future sup- port for an on-going program and that this is a one-time deal only and the County should not be perc~ived as an unlimited supply of money. Social Services Director Skinner stated that Redlands does 1I good job and she has no problem wi~h this request. She indicated thllt Redlands is a child care agency that operates in migrant areas of the State of Florida. She noted ~hat other counties support their efforts and Collier County has not supported any funds for their operation which operates in Immokalee and Naples. Commissioner Hasse questi)ned if th~~e are other programs like this that the County pays for. to which Mrs. Skinner stated that there is a child care center in ImmQkalee that is on County property and the Page 26 - - .. "..~.;_~'_'M"_""'''''''"''~''~___ October 21, 1986 Board has agreed to pay their utility bills for the operation of thllt cerlter. She stated that the money that is in her budget is state man- dated lInd she does not have the flexibility to use it for other ser- vices, and without that flexibility the money has not been used and after a year the department loses it. Commissioner Goodnight stated that this is a new grant that just became available and the Redlands were not able to come up with the money in the time limit that they were given. Assistant County Manager Dorrill stated that he is prepllred to proceed with this matter with the assurance that it will not be a long-term commitment. He stated that the County has not spent a lot of money in terms of migrllnt programs which means that someone is doing a good job, adding that Redlands provides a valuable service and also eliminates the problem of infants and children going to the fields everyday with the-parent,. commissioner Goodnight moved, seoonded by Commissioner Holland anð carried unanimously, that tbe Board of county Commissioners approve the $21,000 match for the 'Redlanðs Miqrant christian Assooiation on a one-time basis only. Item f9Dl .. ..' ..~....'" .1 BUDGET AMENDMENT CRE1\TIN~ORGANIZ1\TION 0140, UTILITIES DATA PROCESSING, WITHIN FUND 408, COUNTY WATER-SEWER DISTRICT - APPROVED Mike Arnold, Utilities Division, stated that this proposal will create a Data Processing Department within the Utilities Division. He noted that the Board previo~sly approved the purchase of an IBM System Page 27 !OO( 098 p;r,~'45ß .....,""""........<~""".~'".",..~;_...". .<,..~,,.~,._~--.,"',,.~,----'."'"'-~....".'~.,., 1t111': '09S"';t451 October 21, 1986 38 for the utility billing system ~nd the hiring of a utilities Data Pro~essing Director. He noted that the utilities Datll Processing Director, in keeping with t~e recommendation of Deloitte, Haskins & Sells on their long-term data processing report, has recommended the creation of two new positions; a program analyst and a computer opera- tor for a total of $55,000. He stated that there is also operating expenses of the department required and $94,000 ha~'been budgeted for this, but $112,612 is still needed and he is fequesting that this .. money be transferred from Fund 408 contingencý reserves to establish .,'. ..,,,'~. lIn operation budget for the Utilities Data Processing Department. commissioner Voss moved, seconded by Commissioner Goodnight and carried unanimously, that a budget amendment èreating organization 0140, utilities Data Processing, within Fund 408, County Water-Sewer District be approved. Item f9D2 FEB SCHEDULE FOR ENGINEERING SERVICES FOR MARCO SEWER PHASE II PROJECT '1'0 WILSON, MILLER, B1\RTON, BOLL , PEB~, INC. - APPROVED Mike Arnold, Utilities Division, stated that this is a request to approve an increase in fees for Wilson, Miller, Barton, SolI & Peek, Inc. for the Marco Sewer Phase II project, adding that they have been involved in this project for ten years and are also now involved with the design and construction aspects a9 well as contract administra- tion and surveys. He stated that there have been delays and they have gone beyond the timeframe, but they are still operating under the 1976 fee schedule. He stated that the increase is approximately 7% which Pagè 28 - .. - .'''~''~'''"'_~-'''''''------''''~-'''''-'''''''''''-''--''''"'''-'---'''''~-~'-'''''",_.~ October 21, 1986 he feels is a reasonable request. commissioner Goodnight Moved, seconded by Commissioner Holland and carried unanimously, that the fee schedule for engineerinq servioes for Marco Sewer Phase II projeot to Wilson, Miller, Barton, SolI' Peek, Inc. be approved. Item UBI ASSISTANT PUBLIC WORKS 1\DMIJlISTRATOR POSITION EST1\BLISHED Adminiatrative Services Administrator Ochs stated that this item is a recommendation to establish a position of Assistant Public Works Administrator in the Public Works Division. He stated that this is a dual position as the person would be serving as Department Director and also administering the Division in the Public Works Administrlltor's lIbsence. He stated that he is recommending that Harold Huber be promoted to this position with a 5% pay increase which would result in a $2,360 salary increase. He indicated that the funds a~e currently budgeted in the Division as a result of down-grading a current administrative assistant position. Commissioner Goodniqht noved, .econded by commissioner Voss anð carrieð unanimously, that the ~ssi8t~nt Public Works Administrator position be established an~.~arolð Huber promoted to same with a 5% .._~.~...., salary inorease. II .. Tap_IS Item UB2 0, ,J.". PBRSONNEL SPECIALIST RECLASSIFIED '1'0 ~ERSONNEL AND EMPLOYEE BENEFITS COORDINATOR Administrative Services Administrðtor Ochs stated that this request is to reclassify the Personnel Specialist to Personnel and Page 29 aoo( 09B:>:~ 458 ........... "'~__",__'''~"__''",,'o...,_, _.,,,.,__,,,,,,,,._"_"'_",_'~·_.P.,.._~m._'_·"_' ·. 09Bn~459 October 21, 1986 Employee Benefits Coordinator, which would assist the Administrative Services Administrator with the day-to-day operations of the Personnel Department and would assist in the absence of the Administrator, liS well ðS development of an improved pay plan, additional wage and bene- fit studies, and improving and expanding the exiting interview program. He stated that he would recommend that M~, Paul Dant be pro- moted to this position, adding that he has been employed in the ~ Personnel Department since May, 1982 and has ~ Master's Degree in . ..,~.~'. Public Administration. He stated that if epproved, Mr.' Dant's salary would increase from $21,427 to $23;S35 which is the new entry rate. Commissioner Hasse moveð, seconded by Commission.r Voss and carried unanimously, that the Personnel specialist be reclassified to Personnel and Employee Benefits Coordinator and that Mr. Paul Dant be promoted to this position with said salary increase. Item '1111. ROUTINE BILLS - 1\PPROVED FOR PAYMENT Pursuant to Resolution 81-150, the following checks were issued through Friday, October 17, 1986, in payment of routine bills: CHECK DESCRIPTION CHECK NOS. 149485 - 150115 036170 .. 036800 AMOUNT $2,841,922.21 $ 286,111.28 Vendors BCC Payroll Item 'llD BUDGET AMENDMENTS 86-487/4881 86-490/4931 86-495/5001 86-502/5031 AND 87-1/10 - ADOPTED Commissioner Goodnight moved, seconded by Commissioner Holland and carried unanimously, that Budget Amendments 86-487/4881 86-490/4931 Page 30 - .. .. ~".~.,-""""",...__...--,,,,,_..~-,--_....._~.....,.,.,,,,,.,,,.,,,--._-~_...,,.......~-----....... October 21, 1986 86-495/5007 and 86-502/503 be aðopted. C~mmi8.ioner Goodnight moved, seconded by commissioner Voss and carried unanimously, that Budget Amendments 87-1/10 be adopted. Item U2B COUN'l'Y MAN1\QER TO WORK WITH FIRE DEPARTMENT CONSOLIDATION STUDY COMMITTEE REG1\RDING 1\PPROVING AND APPROPRI1\TING EXPENSES FOR TRAVEL Mike Barker, Chairman of the Fire Department Consolidation Study Committee, stated that his report will be presented to the Commis- sioners as soon as he has copies made. He stated that this committee consists of 7 members with each being a volunteer and bringing a cer- tain expertise with them. He stated that all of their meetings are open to the public but only invited guest are allowed to participate, and a generlll meeting is sP-t later for public input. He stllted that they have proceeded to undp-rtake a complete and unbiased study and he will act as the spokesperson for the committee with regards to public speaking or interviews. He noted that meeting dates are posted in advance ðnd held in availa~le space, adding that to date there has been eight meetings. He i~dicated that at their first meeting, their guest speaker was Mary El~en Hawkins; other meetings there were Fire Chiefs, and Fire Commissioners. He·~ndicated that the operations of the EMS, the Fire Department, and the 3heriff's Department was taken .~....,....... into consideration 'with r~gards to this report. He said that a lot of .. data has been gathered and reviewed and the next concern is collecting information on othe~'ålternatives for comparison. He noted that within a rlldius of 200 miles, other counties have completed con- Page 31 aODK 098,,ª460 ".,-,~"""""-,,",,--,,-,",,,",~.._-~,,.~,,,.,..,..,, .-...--..--.---...----- "OD~ {}981>~ ,lßl October 21, 1986 801idation methods and a visit to these counties would provide infor- mation but, as 1I voluntary group, they do not have funds and this presents a problem. He stated that he is requesting that the Beard allow two members to visit two counties and that travel expenses be paid. He stated that their purpose is to inform the Commission and all concerned of their progress, but at this time there has been no final conclusion made nor any recummendation for the public or .. Commission to consider. He stated that they ;re~~ring maps of ..'. ...,.-- fire stations and proposed fire stations. He stated that 90,000 building units have been approved i^ this County and the fire depart- . ments clInnot provide the service that is needed. He stated that impact fees are going to have to be discussed and they will accept advise from anyone. Commissioner Pistor questioned what these trips will cost for the people that will be going, to which Mr. Barker stated that the two members would be going to Orange County, Charlotte County, and maybe Broward County and it would be a day trip apiece and expenses would consist of lunch, gas, and oil. County Manager Lusk stated that these trips would be valuable and there is money in the travel budget for interstate trips. He stated that he would suggest that the Chairman of this committee work with the County Manager for approval on these 'matters. Mr. Barker stated that when this study is completed, he will pro- bably recommend either consolidation under County control, con- Page 32 - - - ~H"'.~'''''''""_''__-'''-'""'''<··~'''~'_''_''''··''__'''____'~·"'"_ October 21, 1986 solidation under a Master DiÐtrict, or leaving it the way it is. commissionor Voss moved, seoondeð by commissioner Goodnight and carried unanimously, that the committee that is stuðying the fire department consolidation work with the County Manager for approval and appropriation of expenses for travel. Item '12C COMMENTS REGARDING THE BAC MEETING WITH WESTINGHOUSE REPRESENTATIVES REGARDING THE RESOURCE RECOVERY PL1\N'1' - NO 1\CTION T1\KEN Commissioner Pistor stat~d that ð few weeks ago, the Environmental people requested that the EAC have a chance to review the resource recovery plant, adding that in spite of Staff feelings, the EAC WllS given 120 days to look into the resource recovery plant. He stated that there was a meeting last week with representatives from Westinghouse and EPA before the EAC, adding that there was a full com- mittee meeting which did not last long as one member after another disappeared and by the eRd, there was only one member left. He stated that he had the impression t~at the EAC had already made up their minds regarding this plant and did not want to listen to the experts. He stated that if this is 'the case, he clInnot see delaying this matter any further. Mr. Raymond Lin~~Led.that the presentation lasted for three .' hours and Dr. Benedict C'e4t1oVE,d himsp.lf because of conflict. He stated that lifter two hours he had to excuse himself and at that time they .. , were in a question and answer period. He stated that Mr. Cardillo left after he did. He indiceted that all the members are businessmen Bonx ()g8~?:4B2 Page 33 t>· ....____..¡oor..... ---.-,.,.,.";",,,,.~,,,",.,,,,,,,,,-,,---,<,,.,,~~.,,,- .. '~"""-'<-"~"""~-'--""-"''''~''''"''''''-- IIU1 098n~4ß3 October 21, 1986 ~nd donate their time and eVBn though they meet on the first and third . . Wednesday of each month, the'l have been meeting every week over the last month or so, due to the Collier DR I· and Appeal. He stated that he resents the implication t~at the EAC is not doing a good job. Commissioner pistor stat,;!d thllt he appreciates the explanatJ on but he would like to think that the EAC is going to accept the respon- sibilities that they should !nd that they are going to listen to the technical information that i3 being presented. / Mr. Link indicated that the orlll informatfon was supplemented by .. written materhJ. He indicated that Dr. Bened~~~t-Sld.have a secretary .." . . tðking note8 for him. He 8tated that he does not feel that the EAC mis5ed anything. ***** commissioner Voss moved, seconded by Commissioner Holland anð carried unanimously, that the following items under the Consent Agenda be adopted and/or approved: ***** Item f 1411.1 CIRCUS PERMIT 86-5 RE PETITION C-86-2C, KIWANIS CLUB OF NAPLES, REQUESTING A PERMIT TO CONDUCT A CIRCUS ON NOVEMBER 5 AND 6, 1986 See Page ~~ Item 'UB1 COLLIER COUN'l'Y YOUTH GUIDANCB DEPARTMBNT AND COLLIER COUNTY ENVIRONMENT1\L HEALTH DEPARTMENT TO OCCUPY A MODULAR OFFICE LOCATED NORTH OF THE EXISTING HEALTH DEPARTMENT IN IMMORALEE Item fUB2 CONCURRENCB ON CONSTRUCTION OF RIGHT TURN LANE EXTENSION ON NORTHBOUND LANES OF US 41 AT PINE RIDGE ROAD AS PART OF WORK BEING UNDERTAKBN PER BID 86-1005 (J ..: .:' :¡ (; L: ;. f;· .~. r j) L ~1 L ¡-:-. ~.., J J '., 'J ; ",,' Page 34 ~ J ! j). î. /,"" ;1; ¡'oJ , , - .. October 21, 1986 Item '1483 MONTHLY LEASE P1\YMENTS FOR $1,063 FOR THE CURRENT N1\PLES TRANSFER STATION UNTIL PROVISIONAL USE 1\PPROV1\L C1\N BE G1\INED FOR THE ALTERNATE TRANSFER STATION SITE Item U4B4 MOTOR GRADER AND VIBRATING ROLLER '1'0 BE LE1\SED FROM HERTZ RENTAL EQUIPMENT COMPANY FOR TWO MONTHS FOR THE TOTAL OF $10,190 Item IUB5 ESCROW AGREEMENT FOR SECURITY '1'0 1\LLOW RECORDING OF THE PL1\T OF QUAIL HOLLOW See Pages J...j.7t. - 4-7R' Item 'UB6 OCTOBER 28, 1986, SET FOR THE DATE TO CONSIDER CERTAIN CERTIFICATES OF PUBLIC CONVENIENCE 1\ND NECESSITY Item 'UCl SOCIAL SERVICES CASE 'W-12389 Item 'UC2 CONTRACT TO DI1\L-A-NURSE TO PROVIDE SERVICES UNDER COMMUNITY CARE FOR THE ELDERLY IN THE AMOUNT OF $14,430 FOR FISCAL YE1\R 1986-87 See Pages 1/-79 - 'I9? Item ,UC3 TWO CONTRACTUAL AGREEMENTS FOR LIBRARY SERVICES AND CONSTROCTION ACT PROGRAM GRANTS TOTALING $15,200 . .-",.---. ~ ~e Pages iJ.99-S/ð Item U4Dl PURCHASE OF 4WD LOAbÉR/B1\CKHOE FOR UTILITIES OPERATIONS DEPARTMENT UNDER STAT! CONTRACT IN THE AMOUNT OF $34,389 Item 'UEl aDDK 09B ~~ 464 Page 35 :~--.' ~'~~ ~~< . (. . -," \,::::-- :~~.. ~ lJ~ ,iŽ, f~~');1 098,~:l485 ,'It~~ ~~~ >. October 21, 1986 1986-87 PAY PL1\N 1\MENDED Item 'UGl BXTRA GAIN TIMB FOR INMATB NOS. 39231, 31241, 36776, 31144 AND 4955' Item 'UG MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED There being no objection, the Chair directed that the following correspondence be £iled and/or directed to the vari6us departments as indicated below: .. 1. Memorandum dated 10/7/86 from State B6ard o~,Administration, James F. Hudson, Chief Fiscal Office. '~~rticipants in the Loclll Government.Pooled Investment Account, regarding July - September, 1986, investment activity. xc: Jim Giles; Don Lusk; Filed. 2. Letter dated 10/10/66 from Christina B. Canty, Administrator, Dept. of Community Affairs, to Chief Elected Officials, informing of her resignation effective October 24, 1986. xc: Neil Dorrill; Dave rettrow; Wanda Jones; and Filed. 3. Approval of Authority to Represent Clarmant received 10/10/86 from Richard T. Cervelli, P.A., Dept. of Labor and Employment Security, for Workers' Compensation Claim Number 278-20-8956, employee Robert H. Nickel. xc: Ken Cuyler; Sherry Rynders; Leo Ochs; and Filed. 4. Minutes of meeting of June 24, 1986, of Community Center Advisory Committee and months of September and October, 1986. Hasse; Filed. the Golden Gate calendars for the xc: Commissioner 5. Copy of Letter d~ted 9/30/86 from Lynn S. Bramlett, Budget Specialist, Dept. of Revenue, to Guy Carlton, Tax Collector, advising final approvement of his budget for fiscal year 1986-87. xc: BCC, Lori Zalka; and Filed. 6. Notice of Claim dated 10/07/86 from Stanely Rosenbllltt Law Offices, advisinq that they are representing Penelope Rodriguez, Mother of Judith Cordero, deceased, for claims arising out of the clIre and treatment rendered at the Naples Community Hospital in October, 1984. xc: Ken Cuyler; Sherry Rynders; and Filed. .LH.~ f: ': . " ',I ~ ~;' ·::p8ge· 36 . ", ~~ , .. .. II .....·"""""'"";_,,.·,....,.'.w.-._,,...""___·_·_..._,~","'·, .,._.-.--."-"''''~,.__.._~.~._------ October 21, 1986 7. Copy of memorandum dated 10/01/86 to Jim Giles, Clerk to the Board, from Don Hunter, Deputy Chief of Administration and Special Operations, regarding interest earnings for Fiscal Year 1985-86 and attaching check (with original) in the amount of $89,922.14. xc: BCC; and File~. ..... Recess: 11:35 A.M. - Reconvened: 2:00 P.M. at which time Deputy Clerk Ruiz roplaced Deputy Clerk Kenyon ..... *..* Item 1211. Tape " IZAAK W1.LTON L'!:1\QUB AND 1\UnUBON SOCIETY'S 1\PPE1\L OF THB COtm'l'Y MAN1\GBR"S DECISION OF THE COLLIER DRI'S BNVIRONMENTAL IMPACT STATEMENT - DENIED Mr. Frllnklyn Adams, President of the Cypress Chapter of the IZlIak Walton League of America, Btated that they and the Collier County Audubon Society are the Appellants in this case who are appealing the County Manager's decision to accept the Collier ADA in lieu of a full Environmental Impact Statenent as required by County Ordinance 77-66. Attorney David Rynde£s, representing the Appellants, stated that the Appellants have appealed a July 1, 1986 determination by the County Manager. The core of the appelll, he said, is the statement of the County Manager that Sðys that because of the complex nature of these proposals, the full informatiðn for an environmental review of w this project, which is the.~Foposed Collier DRI, including a review of ..~~.,.. significant environmental~'impacts, will not be possible until after the completion of the State and Federal permitting process. He indi- cated that the Applléation for Development Approval, which was a part of the. DR!, was deemed to be an EIS under County Ordinance 77-66 and aDD ( 098p~~. 466 Page 37 . \··tj~!, :" i (,/ ", !DO~ 098~;l4õ7 October 21, 1986 approved for purposes of rezoning subject to certain modifications and stipulations, which included bringing a supplemental back to the Manager and the Board of County Commissioners when the developer sought building permits. Attorney Rynders stated that the Appellants feel that this proce- dure is in conflict with specific provisions of Ordinance 77-66 which states in Section 2, that without first obtaining ~~proval of an EIS, as required by the Ordinance, it shall be unl~wful and no building permits, provisional use or zoning change shaþ~ be issued to cause the development of or site alteration of this pé~ticu~'ãevelopment. He said that the Ordinance does not allow for the discretion of the . County Manager or even the County Commission ~o decide to wait for a supplementary EIS to be submitted before deciding-on granting land use applications to a developer. He added that if the County were to grant a land use application to the developer snd subsequently had an EIS brought to its attention which posed environmental problems, the land use decision would have already been made and the developer can- not be told at that time that he will not be allowed to build; the right to make a land use decision has been made in advance of getting the information. Attorney Rynders cited several cases which have been researched in connection with the problem of issuing approvals in violation of the required standards of a particular or applicable ordinances. He also stated that research was done into Florida law regarding equitable ;. 1- Page 38 .. .. ",..~,,,,,,......__,_...._...__,,,,,,,,.....K'_ October 21, 1986 estoppel, which might put the burden on the County of proving why the developer cannot go forward at a later date. Attorney Rynders concluded by saying that based upon the Ordinance, they do not believe that the County Manager's proposal of requiring a supplementary EIS is lawful or a proper one. Dr. Mark B~nedict, Environmental Protection Director for the Conservan~y, stated that he is a member of the EAC, however, since he declared a voting conflict on all matters regarding the Collier DRI because of the Conservancy's assistance in preparing the appeal, he removed himself from all proceedings and filed the proper forms to that effect. He indicateé that the details of the appeal have been submitted for the record as part of the EAC proceeding and that was covered in detail during that proceeding. He indicated that what sets this project apart from other projects is that it occurs immediately adjacent to the Coastal ~~sources Management Recreation Area, as designated by the Comprehensive Plan, proposing intensive land uses within that area that"may have a potential for adverse impact. He indicated that the Conservancy has ~orked closely with the Collier Development Corporation to work out the differences and concerns, and Collier Development-ft9T~d·t~ pullout of the eastern area of the .,' coastal zone; they pulle~ the resid~ntial uses, the golf holes, and the water management.~orks, leaving that area as an open Special ;' Treatment recreational open-space preserve-type land use eliminating the need for additional information on the impact. He said that the Page 39 &aOI: 098 "V·! 468 "._"~"'''''"",".,~_~>=''''''','''''k'''''''"''''_''·''''''''~_·'''-'''>'''.''''",,-_. ,,",_"·._.0_~_·'''''_~~'~"_''''' "..."...<.~...,._"- !OCy; 098Ð7.469 October 21, 1986 area they are most concerned about in this development is the marina on the western tract beca~se a good part of the marinll complex flllls within this CRMRA; they are specifically concerned about the construc- tion of a 1,000 boat marira, harborage, associated marina uses and access channels in and imrrediately adjacent to the CRMRA "ST" designated areas which can permanently affect the wðter quality wetlands, fish and wildlife and food chains of estuarine systems. He .. indicateð that there are still ð number of quêstions,that hðv~ to be .Þ'. ."'...~.. answered regarding the eovironmental impact of the marina involving pollution, water circulation, aquatic life, etc. and discussed each in detail, pointing out that these q~estions are' critical before deter- mining whether or not the marina is suitable land use and whether it will hold impacts to an acceptable level on the "ST" areas. He stated that other agencies have expressed concerns regarding this develop- ment, adding that the County would have a better opportunity to review the environmental merits of this project, specifically the marina, at the time or concurrently with State and Federal permitting, bllt at this time it does not have the ability to do a good job and uphold the County ordinance. Tap. '7 County Manager Lusk st~ted that when Collier Development Corporation appealed to th~ County r1anager on a decision by the Natural Resources Manageme1t Department, their point was that they did not want to furnish an EIS for a project that could very well be Pagt:! 40 .. .. .. _,.___'...h.____«........ _._.._.-<"~..-,_._.,..,_..._--"'--"...,,-"..._-~~,,=- October 21, 1986 changed going through the process. He read the ordinance, and stated that the approval he gave had stipulations to furnish 1I full EIS before building permits were issued, and the reason was because the project was destined for change and there could have been a lot of unnecessary work done. He said that the point for a full EIS is at the building permit stage. Attorney ~on Pickworth, representing Collier Development Corporation, gave an overview on the issues and stated that the points raised by Dr. Benedict have been addressed, and many of the concerns have been responded to with changes by the developer. He added that they have never taken the position that there are not significant environmental factors involvpd in this project and do not expect thllt the local government should abbrogate it's responsibilities or concern for environmental review. He said the environmental review needs to be meshed with the State-and Federal agencies and they will work with the County staff in the process, and the matter will be decided by the County Commission when the developer comes back for further review on tha overlay lands. County Attorney Cuyler asked if Attorney P~ckworth had any objec- tion to language in~..PU[),.·'which would be approved by his office, .1 negating any possible est~ppel questions or issues, indicating that there will be no ve~ted rights pending the County's approval of the " supplementary reviews? Attorney Pickworth replied that that has been agreed'to. PlOO« 09B~470 Page 41 '.: \ --~-.-,-,..-~..~"...,.;...,.,,,,..... ".""M..."..'..........'..._~__.....,____ IOU 098.,~471 October 21, 1986 Mr. Cuyler asked if the environm~ntal review indicates that there should be less units or that there cannot be any construction at all, can the developer be held to that? Attorney Pickworth answered affir- matively. Commissioner Voss stated that the issue before the Board is whether or not the County Manager had the authority to make the deci- sion he did. Attorney Rynd~r3 stated that they believe the issue is that under the Ordinance the County Manager do~s not have the authority, and the Ordinance spells out what h~A·~hprity is. He .-'. . . added that there is nothing in the language that permits anyone to accept less than ð complete EIS. Commissioner Pistor asked who determines what a complete Impact Statement is? Attorney Rynders replied that the Ordinance does in Section 4. In answer to Commissioner Pistor, ~r. Rynders added that the developer can go through the permitting process and develop the information and then come to the Commission and apply for a par- ticular land use. Mr. Cuyler asked for an example of what has not been addressed? Dr. Benedict responded by citing from the Ordinance under Bio-Physical Categories, Water Quality, adding that it was not addressed under the ADA that was submitted. Attorney Rynders stated that it is not a great burden to provide thi& ~nformation, adding that the County Commission is being asked t~ nake a z.:mi,,!'g decision contrary to the Ordinance at a point in time ~Ihen no information is being supplied to Page 42 .. .. . ......."_.""--"......-...--.....,.."'.....""."-~,,...,,..,. > "''''~'''~_..,~._''''_.~..--_..-_--..- October 21, 1986 the County Commissicn to mak,! an informed decision. Attorney Pickworth stated that he believes that the issue is not that they have not supplied any of the information, but rather the level and qu~lity. Mr. WillLam Barton, from Wilson, Miller, Barton, 5011 & Peek, Inc., cited oth.?r projects that he has been involved in and stated that the level of information prvvided on this project has been greater ~han most other developments, and at this pOint the Tape t8 environmental information prQvided does satisfy the Ordinance and represents a complete EIS fo~ the purpose of reviewing land use and rezone, noting that gathering of data will continue. He indicated that permits cannot be obtained without zoning in place. Commissioner Pis tor asked how the developer is to determine impact of a marina on the area? Dr. Benedict stated that one way is to cite other marinas of similar-siz~ that have been done and the studies associllted with it. After a long discussion :egarding the Manager's decision and EAC recommendlltions, County Atto~ney Cu~ler stated that there are two points alleged by the Appellants; the legal issue of whether the Manager has the lIut~~, adnd certllin policy concerns that the BOllrd .' should have regarding est'bpp.!l and the vesting of certain land use rights the develope~,þas, and the p03sible problems the County may have at a later time enforcing what the developer has agreed to beclluse they have their land use decision. aODK 008 ".\'7. 472 Page 43 ..._"'---_.....,".,"'''''~.,-,-.,.."...~ -,~_..,..."...."'..,"',~,--..._---"'_...- J¡Otl~ 098p}~41J October 21, 1986 Commissioner Holland asked if the County Manager was within his legal rights? County Attorney Cuyler responded lIffirmatively. Commissioner Holland asked if with that understanding, the Board can accept or reject EAG findingß? County Attorney Cuyler stated that the Board has to decide whether ~he Manager acted legally or not, and it J is within the discr~tion of ~he Board to address the policy decision, which is whether the Manager required suffici~t information. ,. After a ler.gthy discussicm, Commission~J. Go~ht stated that the Manager acted legally, b'Jt that the State agencies are not working with the developer and RPC in helpiñg with the permits until after the County has done the rezoning. Commissioner Voss stated that it seems thllt a great deal of this discussion has to do with the rezoning and not.with the question at hand, which is whetheL this appeal should be upheld or rejected. Commissioner Voss moved, seconðed by Commissioner Goodnight that , the appeal be rejected. Commissioner Hasse stated that he still feels that there should be more informlltion. County Attorney Cuyler stated thst the Board is in no way giving away any of its authority or powers; at the time of rezone if it is found that there is not suff~cient environmental information, it still has the authority to make such a declsio¿ regardless of today's deci- sion. Upon call for the question, the IIlotion carried unanimously. Page 44 - _I .. -"- ".~"""'''-'-'~'---'''-'- October 21, 1986 **" There being no further business for the Good of the County, the meeting was adjourned at 3:20 P.M. by Order of the Chair. BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ATTEST: JA."U;:S·-c~·"a.I~S, CLERK ,.... ~ ßOM()!¡,.,.~ .,' <,0 "~-"'i/....~.,,:rl{ ,':-..... .... '~' .. t!'....'\ /~"~~,:,,,~~...¿. :~ . ~'''':''-J ~ ~ : -<These mr ·-èé approved by the ~ ......'. ;;.... ...... ~".I,'" »-',0 ~. _' '.' ." 'UI'\' "'~t as corrected ~ ' . "n1 . ,-..;. "I ?") eft '...... . ... e,.' "./ '" t .;~;.;:~~,t; ."" ". :', ~. " . ..' 't.' " . rl£-¡;¡- PISTOI~, CHAIRMAN: , > ~.LJ/2-.. Bvard on;b1~ I~/'~ as presented . ; ~ '7.. ( '. t '7'; ~:r. '" . " -.~...".. .. .' .. . , , ';1 ! , . " . \ ") ,. ~" ,. ,; BOOK 098H?"474 Page 45 ,;;.'...., ,.....'''t. Uc.ll~ ,; I ' "'Í ..._)~_' ¡ " "'......".._-_."_...-'""""-,,.....--..-~....._~---,--".__...-