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BCC Minutes 01/19/1982 W Naples, Florida, J~nunry 19, 19A2 LET iT DE R£MEMBF.RED, that the Board of County Commissioners' in and for the County of Collier, and also acting as tho govorning board(s) of such sp~ciðl districts as have been createð ,ccording to law and having conductect buaincss heroin, met on this date at 11~5 P.M. in Worlo:shop Sesflion in Building -F· of the Courthouso Complex with the following members pr~sentz CH!\IRMANz VICE CH1\IRM^Nt C. R. ·Russ· ~lMer ML'lry-Frl'lnct's. I<rusR John 1\. Piator Clttforc1 Wonzol DlI v 1 d C. n r 0 wn ALSO PRESENT: Harold L. Hall, Chiof Deputy Clerk/Fiscal Officer; Darlono Dðvidson, Deputy Clerk; Donald Pickworth, County Attorney; . Irving Berzon, Utilitics ~~nðgerl C. Willi~m Norm~n, County Mðnagerl Terry Virtll, COf!1munlty P(.·vclopmflnt Aðf!1inintrlltor, r.C'P. ~irchhoff, Plðnner, Crace Spaulding, Administrl'ltive Aido to the Bo~rd, and, William ~cNulty, Sheriff's Depðrtment. "GF.ND" 1. Consideration of utilities frðnchls~ ~or Cladü8 Subdivi5ion and rtHlolutlon of policy re wlIter and sewðge fr~nchises and facilities for privðtc systems. 2. Rp.vi~lon of Policy re !\ctvisory Committecs to the Board of County CommisGloners. STAFF' "'ND RI::PRr.~ENTATrVF:S FROM r.F.LY "ND Tiff CL1\f"F:S T0 ('n~PTLr. DEFINITIVr. LIST OF SPECIFIC "'REAS OF MF'f'f.nr.Nrr.f: nr. t'¡lITf.R!:'f:\oIER FRM~CIIISf.S, FnllNcm~E lInEM:; lIND RElATr.O pn0pnSM.r. ,:,n "F. f.IHH·!T'I'TF:D Tn THE [lCC Fnn I\CTTON l'I,":'TF:R 1\PPFl\fnNG nN " P1IPL T!';Hr.f) J\r.FNf)" Chairmðn Wimer p.xpl~incrl th~t this workshop W~R rpqup.stect by ~r. B. Clark Nichols who wi~hed to discU5Z the Utility Frðnchlse for tho BOOK 067 fACt 25f PlIq C 1 ._ - __ __. ~_ ..~ - ~_ __. . _.. ... ..... . _. _A_ _ .. _. __ _ _ ..._ .. . _.__._.. .__ ._...... . .... ..........-... . -.-..-,.. "-_......,,,-....... .- - - - - - - - - - -- - - - - -- - - - - - - - - - - - - - - - - - - ---- ~-----~~.-,,-- I -. .- - - - -- - .. -, -- - ,-,- --. -' - -- - - - - . .. ".- --- --- - - - --- -- N~pl~s, 'lorl~ð, Jðnu~ry 19, 19~'- .aoûK '067 PACE252 Cln~cG ~uhdtv!51on ond the ~esolution of the Policy in regards to w~t~r and SCWD90 rr~nchi~oa and facilities for priv~te systems. Attorn~y A. c. Nichols ßtato~ th~t ho ðid requ~st this workshop, howov~r, he wished to make it clear that he is here today repre~enting both Laly Estates and Tho Clades Inc,. Mr. Nichols recapped th~ history of sewage treatmr.nt sorvlc8 in tile [nst Naples I1rea beginning In 197A and he outlinod tho time fr~me during which the construction of The Clades and L~ly Estntes' sewage treatment plants took place in orcter for the owners to Jevelop their own lands, in rclðtion to the una"aill'lbiliy of public sew...ge hcllitlos. '·ir. Nichols referred to both treatmE'nt plants, as -l.argely qualifying- under the definition of ·tertiary plants·, with the exception 01 insufficient amountG of nutrient removal from the effluent. ~r. Nichols outlined the method of disposal at The Clades' plant, including the dispos~l of treated effl~ent by surface water irriqation onto the golf course nnd open areas, which, in turn, rechnrgos the sub-surface water aystem, which sorvos as tho source of potable water for L;,e well system. Referring to the Lply Estates' plant, Mr. Nichols explained that this plant's treðted effluent is currently being impounded in surface water ponds from which w~tcr percolates bðck into the groundwater sources. He added thnt the long rnng planning in Lcly includes additional golf courses and, eventually, the effluent will be used for spray irrigation of those golf courses, thus decreasing tho pumping from the aquifer. Pltge 2 :=J ... ~ , ,---, L ----. Naplos, florlctð, J~nuary 19, 1982 Mr. Nichols said that both systems lire ðpproDchlng the ýulnt whftrâ they work as ·clos~d syatcms·, Insuring the continual rocharging of tho rolativo aquifers, which is in direct contrast to the City's plant. He referred to m~ny of the problems that the City ðnd the County are currently experiencing related to effluent dlsposðl, adding that Lely EBtateB and The Clðdes h~ve ðnswcr~d these problems for themselvos. Mr. Nichols roferrcd to tho curront Utilities Division Policy, as he understands it, wherein the County's plans and projectionB include a provision lor one large regional sewer plant to be constructed to serve the entire County. lie GlJld that this would cause two major problemsl first, the water t~)t is currently being used for irrigation in his client's developmnnts would no longer recharge the well fields and the potable water Bcurco would be depleted, and, second, if Lely Estates' wastowater Wll9 pumpüd to Gomo remote location, the trcated effluent would have to b~ pump~d back to Lcly Cstates or to an alternate source which. would increðse the cost of treatment. He quostioncd the validity of ð large r"qlonal plallt with ð concentration of efflucnt that will require some method of dlsposnl, ospecially when the two subject pl~nts already exiøt and have no disposal problems. Mr. Nichols stllted that, if the County's polley decision is thnt there iB to be ~ large contral plant, the County must mðke a decision aB to wh~t is going to bo done about the two ~xlatlng plðnts thnt currently ðro meeting ðll applicðble r~quir~m~nts and ðre out performing th~ City's syat~m. He clðri(!ed tho positron th~t his clients hl'lve no intention of -giving thC'm ðway- to the County without being f~irly relmbursr.d. lIe stl'lted that tho two comblnl"d plantD hðve ð P'''IJl' J 600~ 067 PACt 253 ..- - -- ~'- -. ...-.. -- - -- -- ---.. --....- -- -- --..-- - - -..... -- _.. _. -..- ...-....- ".- -.."- ... -... --... -- - ...- . -. - ~~-~-_._- I L·----~· ............ ,~~ .¡....,.. ...; ....v.".·......... --, ~ _.< · ~OD~ C57 PACt 254 N~ples, Florld~, Jnnu~ry 1Q, 1~8? ~(p.~tmont cnpocity cf 1.5 mqd onò ho r~mlnð~ð the ~oArd th~t t~.~ City of t-1t1ples Mi'lY hl'lve t.o ep,!nd IIpw"rc1s of ".4 1'111110n dol1ðrs In order to odd that 8ðme c~pDbl1ity to t.helr fnciliti~D, a~dlng t~ðt they still must fnco the problem of where th~y ore qoing to dispose of the additional effluent. Mr. Nichols cxplaln~d tho difference between temporary packng8 treotme,.t plants th~t are constructed by som~ developern In the interim between the tlm~ of con$truction ond tho timo ð public ccntrl'll system is nvailoble and the two privately owned pl~nts to which he has referred, noting that ~he Lely and Clades' plnnts Dre ·permanent- inst~llðtlons cðpðhl~ of operating Indcfinðtely. He Raid that he cannot understtlnd why the County appears to be opposed to private industry solving the sewðge treatment ond water problems of approxImately '-/3 of East Naples, explaining thðt, If County facilities had been avail..,ble, private industry would not hove had to solvo the problem. HQ said that both developerß wish to obtain their frllnchise, which WQuld give the nee the ability to reviow their rotes to determine if they werp. f^ir. He said that he cannot see why the County would want to commit its financial resources towards the purch8s~ of thesa plants when they c~n be operated by privat~ enterpriso ot no cost to the County. Mr. Nichols suggcsted thnt the County and his clients put ^ll thoughts of confrontntlon ~slde ðnd work togother in the spirit of cooper~tlon to accompliuh whnt w1l1 best scrve the people living In the subject ðreð. He sllid that his clionts can sorve 2/3 of E~st N~ples for sew~go trentment with the two ðtorementloneð pl~nts and the County PlIge 4 - - - - - - - - - - -- - - - - ~- - - - - - - - - -- -- - - --- - -- --- , .'....., ----' L Naplnø, Florid~, J^nunry 19, 19"2 could 80rve most or tho rr.mainin~ portions ot East Naples b~ builðin~ an adðitional plnnt of the samo size. He said that he believos th~t the people or Collier County will be protected just as much If his clionta are franchised to serve arens that the County has been unable to oerve in tho past as they would if the County wero to run the entire system. because the franchises will tall undør Bec regulation. Hr. Nichols suggosted that the areas that lie outside of the lands that aro owned or controleð by Lely Estates and The Gll'ldes, which would bo outside of the respective franchised territories, could be sp.rved by Lely and The CladeB through a bulk-rate ~grcement with the County. Ho said that ð special taxing district could be set up for the installation of a small collection systom to The Glades and Lely Estates. Mr. Nichols clðrified that he is roquosting that the Board approve franchlsos for his clients for only thooe lands that they own and Are developing. He claimed that, while the County probablï is no~ making a pro fi t from their sew~ge sytems, they <'Ire currently m~ki~g a pro f1 t from private utility systems without hllving to provide any 80rvice and without hllvlng to spend Ðny County resources, bflcause all private utility systems' facilities, equipment, ltnes, 1ntangibles, etc., are being taxed on their value. Mr. Nichols reforred to the specific lands that Lely Estates and The Clades would like to hllvo included in ~heir frðnchised areas, while Mr. William Bl!rton of \.,rl1son, Hiller, BIHton, SolI IInd Peek, pointed them out on two ovcrhe~d maps. Mr. Nichols explain~d that the 8reft between ^irport Road snd Cordon River is the area that could bo easily sorved by tho County with the one addltlonnl p11'1nt and because of its rllg r.' 5 &OOK 067 PACt 255 -- -- _ -~ -.-... ~'--' -¡' _ -- .._- --------~---- -----.--- ..-- - - --' - -- -- --- ~ --,-,..~..-,-.....-.--.. - -...-..-- ··-""""·...'PI"..J'f'·c........·...-------....,. ...,..'~.. .,. ·,.,',..."_.,-~" &OOK Co? PACt 256 Nnp1os, Florid~, Jðnu~ry 19, 198' highly concentratcd population, would offer thp high customer bðøe that ~llows for c~~c in bondinq creditability. H~ caid that the on~ nrcð that would still remain a problem is locðtect on the other side of thø Trnl1, l\round Kclly ROlld. 110 cxpll'llned thðt, bcclIuse the population in this aroa is morQ dispersed and the force mAins would havp to be run for long distances, tho -front end- capital costs would be somewhat increased. Mr. Bl\rton rt'!forrer1 to tho "closed systeM- within The Glades and pointed out tho locðtion of the well system while explaining its relationship to the 60wage treatment plðnt, the effluent disposal methodology, spray irrigation and the eventual recharging of tho water supply. Mr. Barton st~tod that he believeS that "water- will ho Collier County's the most critical concorn in the future and ,hat it seems only logical that ·closed systems", such as exists in The Clades ~nd L~ly Estates, should be be incorpor~tcd in the master planning for sewage treðtm~nt In Collier County. He pointed out the severe disposal problems the City of Nðples is presently fðcing as well DR those related to the County's North Naples' plant and then locate~ the basic franshised areas as Lcly and The Clades propose. He refcrred to the ðrcas marked in blue, which is the proposed franchise arca for the Glades Franchise, primarily consisting of The Glades ðnd Lðk~wood subdiviRions ftnd certain proporties along Davis Boulevðrd prcsently undor the ownership of The Clades but not a part of either subdivision. I/o referred to the proposeci Lely frðnchise area, as mðrked in yellow, priMarily consiRting of those propertios unðer the control or ownership of Lely Estates. He reforred to the ðrel\S that Page f¡ ..- - - - - - - - - - - - - - ~.- - - - - - - - - - - - - - - - - - - - - - - --- . , L Napl~B, Florida, Jðnu~ry 19, 19A1. ~ight be served through the a!oromcntioned bulk rate ~9re~ment as thoso inclusive of and lying around Naples ~ðnor and Nnple8 South. Mr. Nichols re-emphasized th. fact thnt his clie~t8 hove mode largo investments in both plonte in ordor to serve their own nceds within lands they own and ðeveloped and that thoy will not ðgree to give them away. He said they will hold on to the plants and try to get what they are worth and he believos that the only way the County could take them aWllY would be through a Court ()rder I'Ind by the pllymont of just compensðtlon for whatever they are worth. He sðid thllt the last thing that tho County or his cIlento need is to enter into a Court suit whon it could easily be solved by entering into some re~sonðble agreements. Referring to the Franchises, Mr. Nichols st~ted that, In the post, the staff has requested that the franchisee give away tho system for Its doprec1ðted value. He said that, under the new tax law, any kind of property clln be depreciated in fifteen yoars which would monn that at the end of fifteen years his clients would be Qxpected to ~iva the plants to the County. Explaining that no businessman invests in something for fifteen years and gives it away, he Baid that this Is one problem that would h.'lVe to be solved equitably if there is to be ð Frðnchise Agreement. Mr. Nichols stat~d that h~ seer. no reason for a mandatory -buyout- provision to be incluctcd in a Franchisp. A~reement, however, if there is to be one, he would never approve of his client's agreeing to give the sewer facilitloB away in fift~en yenrs. Mr. Nichols concluded by stðting th~t he sces no rcason for the County to consider buying the plants, he sees nothing for eithor 81d~ to gain r,'gc 7 &oOK 057 PACt 257 - -.- --. _. - - - - -- . -- -.. -.-.. .- - -- - - - - ..... - .-. -- --...- - -- -_. - -- -- -- _. -- -- -"- _. . .._-~.._......._-_......_._...._... ~~~t"" .-. '_d' "1: .. ."'õ..~ ._.,-".,"_.~,,,..'''''-''''-''''-''' '-",..-..,..,~..""«.,,..,,~~..' '. ....<.._""-'"....~"-""".......'",,,,."-,"".~....__.. .....~. ~ ...-, I CB7 fACf258 N~ples, Floriðð, Jðnunry 19, 1982 - - - - - - -- - ---- -- - - - - - - - - - -- - - - -- - - - - - - - --- _,._"____.··..,,.>,'>ow.,..~.'I_-...-'''' . &O~K through ^ rli8pUt~1 ~n~, h~ h~linvoR th~t the rounty, hio c'fentR ftnd the public h~vo A lot to be qðin~d by entoring into the Frðnch1se ~qreoments with ð cooperAtive attitude. . . . Commissioner Kruse stepped out of the room at this timet 2sl0 P.M. . . . Commissioner Wenzel stated that he understood the ~oard had clarified their Intent several we~ks ðqo '~o ðgrce to A Franchise, 80 long 89 tho p~oplo worc not overcharged ðnd the rates wero fair. Mr. Nichols stated that, while he thinks that this was agreed upon, ho i8 not sure that tho staff undcrstðnds the intent of the Board. He rcferred to a rezone petition that WAS submitted for the develGpment known as Wintorpark, which is for propp.rty owned by The Glades, and said that the Utilities Divlaion hAJ Attðched several stipulations to the subject petition to which the developer was to agree, including the follo~1ng: The Cl~óes wns to install tho sewcr lines and dedicate them to the County, hook them Into their own sewor plant, pay an imp~ct fee to the County for that hookup, ~gree to treat the afflucnt that came through those sower lincs at a bulk rðte and aqree to allow the County the right to make ^ profit or the trcatment of that affluent. Mr. Nichola ~dded th~t he is also seeking clarification as to the Board's intent for the ~ppllc~tlon of the aforementioned policy with respect to his clients' holdings. . .. . Commissioner Kruse returned to the me~ting at this timez 2116 P.M. . .. * This WðS discussed ðt length, during which Mr. Nichols roterred to the intent of the County reg^rdlng imp~ct fees and said that he Pðg. It .~-~ L -·,__·__·.··l·,'""'"·____·" Napl.n, floridn, Jftnu~ry 19, 1982 b8liev~s they are to be us~d tor th~ construction and eXpðnsion of ð regional plnnt to serve that specific subdivision. H~ explained that this would not be necessary in the case of his client's holdings because they aloo own the utility facilitlos. ~l60 discussed wore the ~any problems that have ~risen in r~g^rds to bringing franchises for these two utilities before the BCC, including the joint concorn of the Board that this problem has been unresolved for an oxtremely long time. ^fter this dis~ussion, Mr. Nichols asked that his clients request for Franchisos be considered by the Board for the proposed franchise areas outlined earlior by ~r. B~rton. . Com~issJoner Wenzel stepped above-referenced discussion nt 2:18 ~ Chairman Wimer asked Utilities . * out of tho room during the P.M. and returned at 2r20 P.M. . * Ml'Inager Irving Berzon if he was hmilhr "lith the aforementioned maps èlnd he replied negatively. lie was also asked to respond to Mr. Nichols remarks to which he respèctfully requested more tlm~ to prepare a detailed response. He did request time to ~ddress a fow of Mr. Nichola comments. Mr. Borzon referrod to thê rcm~rks mllde my Mr. Nichols that woul~ lead one to believe that the Clades is dependent on the spray irrigðtion of effluent for its potable water supply. Ho said that, when the potable water aupply (consumptive use permit) was approved in 1977 or 197A, there was no emphasis on spray irrigation and, while he subscribes wholohp.artedly to the concept of the preservation of theso waters, The Glðdcs, to the bcst of his knowledge, does not depend on rechðrge from the sewðge effluent. Roferrlnq to thft Wlnterp~rk petition, Mr. ~er7.on expl~inn~ that PlIq 0 9 BOD~ 087 fACt 259 ...----- - - - - -- -- - ._- - - - --...- -----.....-...-..- - _. -.- ----- -..-- --- --- --- . .. "~~¡,·'C ., ~~. \~I,~' "k .11'·, """'J~',; ~OOK Co? PACi 280 Nðplns, Florld~, Janunry 19, 198' tÞ~ Util1tlQG Division did r~commend cert~ln stipulations to th~ C!\PC ðnd the acc. However, hr clarifi~d, wh~n doing £0, ho did not look upon that project any differently than he would hnv~ any othor project coming to his office for review. Hn sðld that dcctlc~tion of lines Is nothing neWI thin hns hecn the policy of the BCC for five or six yoðrs. He said that evcry other subdIvision thMt comes hcfore the R08rd must dedicate their lines to the County with no questions or resultinq problems. Referring to Mr. Nichols rea50ns for objecting to the pnymcnt of impact fees, Mr. Bcrzon explained thðt this fee is for the acquisition and developmrnt of future Ðew~ge troðtmrnt facilitie~ in the ^ren, just as Is being done In North Naples for o~p8nsion purposes ond as will be done in very near future, in Area ·C· bpyond the Section lino thðt runs north ^nd south from the intorsection of Thommason Drive and u.s. 41, which i8 the areð in which Lely is located. He said that tho Cúunty is collecting wntcr lmpnct feos (system development charges) in thnt orea an~ it Is his undcrstnndlng that the County Commissioners wish to extend thðt polley to sewago, "juat as they hove in the City of Nnples' area in order to plan for regional facilities. Mr. Bcrz~n explained the term ·reglonal system-, noting that this has become ð misnomer, too otten misunderstood ns meðnlnq ·one mammoth treatment plðnt~. He sðid thnt ho docs not subscribe to large plants, rather, there may be m~ny plðnts t1cct into the reglon~l system. R~fcrring to the term ~maklng profits-, Mr Berzon st~t~d that the North N~ples system i£ m~king profit, howover, th~t profit is going bðCk two-fold to tho public, by pnyin9 off the debt service from the surplus funds, ~nd, secondly, thoae profits will b~ combined with the Page 10 - - -- --- -- - - -"- - - - - - - -.-- - --- -- --- ------- --- L _ _ __ _ _ _ -oL.. _ _ _ __ __ _ __ _ ____ __ _ _ __ ___ ____ _ - _ - _.. <...... ·1 ~~ (. ~._--_..'_..._~._"_....,-...... Nðpl~l, F10rld~, J~nuary 19, 19A" ~Y8tem development ch~rgos ~nd used for nxp~nolon of the system. Mr. Derzon oxplðined that he Is r.~t interested In any confrontation, nor is he intorested in ·takinq anybody'. plant. ðWllY·, adding that he does not believe that this Is the inlunt of the Board's philosophy. He said that he does believe in the private enterprise system, however, he believes In it being competitive. He said th~t the idea thnt utilities cðn make a profit simply by vlrture of the fact that they arc run by private enterpriso is absurd, just as private ~wnership does not insure plant efficioncy or quality. Referring to the term "tertiary·, Mr. Berzon stated that, if tho subject plants do not remove the nutrients, they are not ·tertiary· plants; they arc "secondary trcatm~nt· plants. He saict that he has a strong feeling that the torm "tertinry" has no bearing on the m~tter before th~ Board. Mr. ~erzon r~comm~nded th~t the presently platted Gledcs subdivision be franchised and rogulnted ðnd the same holds true for the presently platted Lely Estates subdivision. He said that the rate structures should be rovlewed in the same manner as they would be if they (Utilities) were under the PSC. fie said thaI he does not subscribe to anyone being forced into losing rnoneYI on the contrary, he believps that they should make a fair rate of return on their invostmont. How~vp.r, hn does not believe thðt a fair rnto of roturn can b~ equ~ted to purch3sing land, dev~lopinq it and thon selling it. Mr. Berzon summarized his stlltem~nts by Bðying that ho is not here to do battle with either The ClndoB or Lely F.øtates, he is hero to insist that these two platted subòlvisions be franchised. He slIid that, to P"'q 0 11 MOK Co7 PACi2Bf -..-.--;----rr.~.--- ~.. ""''''L' . ._-""'-,....-.,~._.....~,,-""'......... 60Q~ Cfi7 fACt 262 N~pl.B, Florida, J~nunry 19, 19R2 th~l eff~ct, ho h~s sent ð lotter to The Glades, t~lllnq them what Inlormatlon Wh~ nAC0Gg~ry in ordcr fc~ him to rcvirw the rren~~is~ ~o thnt he could m~ke n recomm~ndation to the 8o~rd. "0 sl'Ild that h~ h~s hod negotintlons with Loly Estatns in the past and th~t they (negotiated terms) will have to be rovised somewh~t in ordor to clear up some m~tter8 that WQr~ l~ft hanging. Mr. Bcrzon asked that the record reflect that the roason thAt the £ronchislng for thrse two areas h~s not been "pushect· up unt.il now is because, he felt, until now, p~rticulðrly with rosp~ct to Lely Estates, that they have k~pt their rat~s for sewage treatment consist~nt with the Cou~ty's rðte structure. Therefore, he said, while thcre was no excuse for not being franchised, it was felt that there was no abuse. Referring to Ordinance 7~-71, which requires th~t every purveyor of w~tcr an~ sewer services In the County has to apply for a franchise, he said th~tt with the exception of tho Lely's attempt some two years ago to obtain a frnnchise, thero has be~n no attempt made hy anyone to obtain a franchise. He said that The Glades ~id come bofore the Board last year and make a plea to he exempt from thp. East Naples Sower Area and it wns at thðt point ~hðt the Board clarified that they would be willing to give The Glðdes a fr~nchise althouqh they would not consider the motter of ·an eX(,J':'ption. lie sltid that this is wh~re the matter died. lie urged the Board to soe that the provisions or Ordinance 7(,-71 arc carried out. Mr. Bcrzon clðrifi~d his t'arlier recomm~ndatlon by stating thAt, while tho platted subdivisions pres~ntly being served by The Glades and Lely utilities ~re recommcnded to bp. includpd in the franchise areas, Page 12 -- - -- - - - - - - - - - - - - - - - - - - -~- - - - - -- - -- --- --- _.._.J L privately owned roadw~ys could b~ considered differently than those Naplcs, Flori~~, J~nu~ry lQ, lQR2 he re:ommnnds that ^ny othcr lands owned or ~ontroled by the ownera of these two subdivisions he considered separately ~nd treated 1n the s~me ~annor as any other devolopmont in tho County. Th'. W~8 ðiscuRsod at length, as was whethcr or not water ~nd sftwer linos that ran along along the side of dediCðtod roado. Mr. Borzon stated that he stronqly rocommends that they both be treated in the same manner. Aftor this discussion Ch~ir~an Wim~r stated that it ßPpcars that the question beforc th.p. Ðoard is whether the County Wll~ .go' into the East Naples area ðnd lnstðll sewur oystems to SRrvo this arcas, or, do they prefer to franchise those areaa which basi 'ally extend outside of existing developments ðnd let private onterpriso oporate the sowor systems with rates regulated by the Board? Commissioner Wenzel stated that he favors franchls1nq the r.xistlng utilities rather th~n attempting to buy them. The discussion continued, during which Mr. Berzon statftd that it is importðnt that everybody be talking about the same thing and he asked Chairman Wimer if the Board is discussing treatment fðcilitios or are they speaking about trðnsmlssion and collection lines? Chairman Wimer said that the Roard understands the differences and that the ultimate decision would be up to the Board. lie said thnt the developers are saying thðt, if they arc to be franchiscd, they wDnt to own the linesl thr.y would be an inðependent utility company, noting that this i8 onc of tho many things that will hllvo to be settled before approving ð Franchise ^greement. Commiasloner Kruse 1\8kcd Mr. Ber7.on for confirmation tllat he is suggesting that the lðnds that ðre owned by Lcly Estates or The GIndeR P..qe 1:t MO~ 067 fACt 263' __ 0_,. _.. __ __ _.. _.. 0__ ___ __._ _.~ __. ___ ___ _ __ __ _... ___ _..._ _ __ _ _ _ ...._ .__ _. _.__... .......---..,..-.....-...--- l . ""f"" ,j, ',,\,,~,-- ,--------- .-.-.----...---- L ...........---..--. - - - - --- -- -- - - - - - -- ------ - -- - -- - - -- - - -.- --- Nðpl~s, Floridð, Jnnuary 1~, 19R2 BOOK G67 PACt 264 hut not y~t ~~veloped cannot be ~ttnch~d to th~ir own sewer plnnt? ~r. Borzon said th~t wh~t he is suqgcating is thnt any landa not included as p~rt of the p.xiating platted subdivisions be trcßted in same wðy that any other ncw dr.velopment is trrðt~c1, when they ðre d~velopeð, including tho requirement thßt the lines must be dedicated to the County and the systems development charg~s paid. Chðirman Wimer aqreed th~t this in the way all new subctivialons are usunlly treðted, howevor, he pointed out ther~ Is ð difference, with resp~ct to the subject holdings, in that th~ owncrs wish to be the sewor plant operators for the entiro area r~ther th~n the County owning portions of tho utilities. '~r. Nichvla ^~ded that his clients ðre not in the 88me position as those developers who construct ð t~mpornry plant, pay systems development ch~rges, ðnd hopð that the County uses those fees to build ð permanr.nt plant to ßerve thp.ir development and thr.n take the pðcknge pJant off of t~elr hðnds. Pc explained that when the subject land 18 rr-ady to be developed, it will be servr.d by that portion of the permanent regionðl sYRtcm dlready ownod and oper~ted by his clients. H~ said that the only queGtlon Is, -do hlg clients continue to operate ~nd own the plants, or docs the County attempt to take them away?· He stressed the fðct that the plants arc ~lroðdy there, regardless of who will own them in the future. ^fter a lengthy ðlscusslon or the purpose of impact f~C8, whethor or not thcy should be coll~cted from a ð~veloper who is also the owncr/opcartor of the rcnpectivc utltiliy ^nd relat~d topics, ChDirman Wimer cll'lrl!icd the fðct that today's workahop was not intended to sottlc th~5e mðttersl it was intended to ~llow Mr. Nichols to make a PlIge 14 - - - - -- -- - - - - - -- - _.- -~- -- --~- -- - --- - -- - - - - ---- 1 .A_.._.j .....". of L Naples, floriðn, J~nu~ry 19, 19R' ~re.r)ntation and tho staff to respond. no roquestfld. the BOðr~'~ per~IBsion to dir~ct that tho repr~sontativ~ø of Loly Estates and The Glades and members of tho County staff compile ð d~tðlled list of queatlonR that nepd to be ~nswered, including'" proposed franchise ^greement, the proposed franchise areas, the dedication of lines, the ownership of f~ciltties, and all areftB to which tht prospective franchisees and the staff differ. He said that this list will be prcsented to the DO,Hd L'lnd scheduled on ð publlßhed ^genda to be considered by th~ Doðrd for resolution, one at a time. Noting thnt there were no objections forthcoming from tho m~mbers of the Board, Chairman ~imcr ~skcd thnt this be don~ ~s soon '5 possible and he requested that the two maps, referrp.d to earlier by Messrs. Barton and Nichols, be m~de aVðilablo to the members of stnff who will mako copies ~Yailable for the public hearing. * * . Commissioner Brown left th~ room at 2:45 P.M. . . . Col. John E. Beebe, Jr. rcprcnellting Lakewood Ilomeown~rs Assoc.. requeated thftt the County take ovcr control of the subject utilities facilities and enter Into a bulk-rate agreement with ~r. Nichols' clients. He said that he believes that the provisions of water/sewer services should be ~ governm~ntðl function. ^ttorney J. Dudley Coodlettc, rÐpr~spnting The Clades Country Club ^S80C, Inc., requested th~t the Bonrd tnke evory aVðil~ble meaoure to insure that the rðtcs for w~ter ðnd sewer services chðrgeð by The Clad~s, be f~ir and r~ðson~ble. He outlinod his client's concerns, including the fact th~t thp.y nre now paying three times the current P~I'J'" 1-; &OOK C67 PACt 265 -..- -- _.- -- -. ~.~ ..-- -." -. - - -- --- - -~. -- ._.. .-,. --- ~- --- --- p~ .-- -.- - - - -.. --- . - - -. '-~''''''''L---- --. ~.. ~.tøSr~ r __ ___ _.. _ __ _" _ _. ._. ..4_ ____ _.'_ ___ .,- -. - -- - - - -,-'. --- -_. Naplos, Flor1dn, January 19, 19P? &OOK 067 PACt 266 rates of th~ C~ty for wðt~r and four timeR thp City's rateR for sewer. He also outlined cert~ln dlopdrlties in rntes being ch8rqed to users within the ~reða presontly sorved by the The Clndes and Loly. He urged the Bo~rd to adopt ð franchise and inclu~e his clients within that franchise ~rCð, req~rdles8 or whethpr or not tho County owns the facilities. Commissioner Kruse asked that the record reflect a clarification regarding the reason that rðtos in Lakawood have remained the same since the ððyLnkewood ðnd Tho Glades's hookup was approvod by the Board and arc, therefore, lowor than those of Clades Coutry Club. She said that it is bcc<lusc, when she mrlde thp. motion to approve that hookup, included as ð part of the motion was that no rate increasos could be made in the Lakewood subdivision until such time as ð rate hearing was held. Co 1 . Beebe read a port Ion of a letter thAt the peopla in Lakewood received from tho ~r. Hubschman, datcd December 15, 1981, indicating that Mr. HubBchman'~ intent is to bill the people who may havo paid thr.ir utility bill for 1982 in advance , retro~ctively for the difference in tho amount paid nnd that of the new rðte9 that are anticipated to be set. Col Bcebp. claimed that this letter clearly indicate~ to him that the developer is planning on ð ~prospectlve rate increasc· . Mr. Dwight S/'lrtw~ll, representing C1ndeR Country Club ^ssoc., urged tho Bo~~d to follow the lntter of tho law ðnd insist that The Glades b~ frðnchlscd. paq. Hi - ---- ------ - ~- --- -.---- ----- ---- ---- ---------- L .'.____ ,·w____....-. N~plftS, Florid~, January 19, 19R2 . . . Commission~r Brown returned to the mooting at 2t~9 P.M. . . . ^fter a brief discussion, Chairman Wimer noted that tho Board's intent is to have the fr~nchisQÐ drafted, however, there ~re questions that noed to be r~solved. He stated that the staff and the propect1vo franchisees have his direction and he assured the audience that the Board will maKe sure any franchlne will inclucte fair rateø, based on a fðir rate of return. lie asked all involv"d to dr~ft the npocific . I questions that necð to 'be addressed as soon as pos9ible in ,order that the Board may consider them for resolution. He thnnkcd evoryone for attending the workshop and expressing thoir interest and desires. He Baid that everyone will be notIfied through public notice as to when the matter will be scheduled on tho Agenda for final resolution. . . . RECESS: 2t 59 P.M. - 3 t 04 P.M. . . " DISCUSSTON RF. NP.F.O FOR A~F.Nn~F.NTS RF. BOARD POLTCY FOR "'OVIf,ORY BO!\RDf> ^dministratlve Aide to the Board Crace Spaulding reported that there arc scveral matters that requiro clarification from the Board regarding their Policy for "dvisory Boards, among them is the problem that not all Chairmen are sonding the BCC copies of the Minutcs of their meetings. She suggested that the polley be amended to include the direction that all Chairmen of I\dvisory Boards be responsible for ð copy of the mlr.utes being sent directly to the Board right after each moeting and, in the evcnt that the meeting is not held, they notify the BeC of the cðncellntion. Page 17 bOO~ 067 FACt 267 - - -- - - - -- - ..-- - -. -- .-- -. -.------ --.. - -----------~--------- ,.....,..,.,-r-~.:;:¡r.,' ,....".,...,6 --_._- . ~.~-'-,u'~·l-=.----""':·· .__,......_ ~"'-'"".....__~_.";.._..·...'._M____.·_..._. NðplcB, Florld~, January 19, 19~' ~OOK G57 PACt 268 ~s. SF~uldinq Gtðt~rl that thorp Also nends to be som~ cl~r\fic~tton r~qer~ln9 tho r~viow of rpsum~s from prop~octlve mrmbera to ^dvisory ~oðrds. fihe said that tho original Policy states that the Ch~ir~ðn rcvicws the subject resump.o. ~he s~id th~t this W~8 amended at a lator date to rca~ that the staff liði~on would also review the resumes. Ms. Gpauldin9 stated that they (liaison And Chairman) Are then to notify the ace of those persons who ðppe~r to be most qu~llfieð to scrve on the r'espcctive ^dvisory BOðrd. She s.3id that there has been ð problem in that the Advisory Boardtß have been reviewing the resumes as wcll ~s Interviewing cnndirlnt~8 befor~ sending their recommendations to t~~ Board. She s~id that there hðve been a few people complnin th~t this is n6t the 'procedure that is spelled out ín the Policy and that the procedures within the Policy should be followod more closely. Regarding absences, Mo. Spaulding st~ted that this:problem hðs been addrcssed by the ßCC during their January 5, ,1982 meeting, when it was poir.tcd out th~t tho Policy cle.!lrfy dictates thðt there mðy not be moro than three unexcused absencos. She noted th~t the Chairman is to repolt to the Board tho status of attendance. She said that the Policy clearly defines those absences considored as ·excusod" and reported that no Chairman has ever reported excessive absp.nce to hor nor havn they ever requested Bce appr~val (or ðn ext~nded ~bsence, as is cloar1y indic~tcd ðS bp.ing required. Ms. Spaulding s~id th~t, in ordcr to insure that the Policy is follow~d, she recommends th~t evcry nppointeø be given a copy'of the Board's policy whcnevcr the BCC m~k~s ðppointmp.nts to the various ^dvisory Bo~rd8. P.!Ige lA .- - -- - - - -. - - _.~- --- - ~- ----- ---- ----- -- - --- ---- ("_"t............. L ..... __#....'irfi Nðplcs, Florida, Janu~ry 19, 19R7. Ms. Spaulding stated thðt another problem with which sho i. conc~rn~d is that, In the past, ðll appointments ~~de to the Advisory Boards, specifically to fulfill ð vftcnncy on that Board' with ~n " unexpired term, hav~ bé~n appointed to serve the ró~aining portion of I thðt term, regardless ot the length of that unexpired term. She .,. I\.. recommtndod that all appoSnteca serve ð full term, cspecll'111y if tho 1. I unexpired term is only 2 or 3 months. This WðS discussed briefly, , ...., aCtor which Chairman Brown asked Mrs. Rpaulðing to bring on~ problem before th~ Board at ~ time for their considoration. ^LL "PPOINTF.ES TO ADVISORY BOARDS I~VIN~ BE_H "'PPOTNTED TO FULFILL ^ VAC^NCY WITH AN UNf.XPIRED TERM OF LESS THAN ST~ MONTHS SH!\LL S~nVE THAT l'NEXPIRr.D TERM PLUS THE NF.XT RECUL^R TERf'1 FOR THAT ~r.."T ^fter a brief discussion regarding Jppointments to Advisory BOÐrds to servo out the unexpired tcrms of rCGpcctivc vDcnncies,'Chairman Wimer ~Gked for ð ~~tion that all such Þppo!ntments made for a vðca~cy with an unexpired tarm or less than six ~onths be made to fulfill the remaining of thllt tcrm ðnd the next Full term. Commissioner ~rown so moved. The motion WðS seconded by Commissioner pictor and carried unanimously. CHAIRMEN OF "'LL ADVISORY BOARDS TO Or. REspn~SInLF. FOR SUOMTTTING MINUTES OF MF:ETTNGS PIRECTLY TO DCC "'T'I'I1TN TWO WEEKS OF THEIR MEETING, SA~E TO BE PROCE~Sr.D THRnUGl1 MTRCfLLANEoun CORRESPONDENCE Following ð brief discussion of the probl~m outlined previously by Ms. Spðulding regardIng the lðck of Gub~ls8ion of Minutes of ^dvlaory Doards directly through the BCC office, Commissioner Piator moved that 811 "'dvisory ~oard Chðirm~n be reoponslblo for submitting the Minutas Page 19 DOOK () 67 PACt 269 - _.. --- - --.- - -- -.-' _.-. ------- - .--.....- ---~ - -.-.,,-" .-...- - --- -- - - - -. ...- -. -- -~,4! ....- - ---...-..-------...---..-.. '------'~.........~L.,..., .-..-.. ,.""_·t'>^""'b__,.,__"'._........_.-.__........ ...... .-.",'... ßOOK 'Cô7 PACt 270 Napl~8, Florict^, J~nuðry 19, 1~e2 ~r th~ir resp~ctiva meotings ~irectly to tho Po~rð of Co~nty Co~~'Q- sionor's office, within t~o wûeks of their meetings. CommlÐsion.r Kruse 8e~onded tho motion. The motion Wð5 discusscd during which Planner Lec Kirchhoff explðined that the e!\PC and eCP1\ Minutes ðrc submittoð diroctly to the Clcrk to the ~oðrd'9 Officc for inclusion in the Official Records ðnd thnt copies are submitted to tho Bee office. Ms. Sp~uldinq stated that other !\dvisory Ronrds arc also doing that and Bomo ðre not submitting anything at all, adding thðt she would like to have one procedure approved for all Bonrds to follow. Chiof Deputy Clerk/Fiscal Officer Hðrold H~ll rcquested that, if the Minutes of !\dvisory Boards are to be suhmittod directly to the pec Officp, they be processed throuqh the Mlsccll~neoug Corre2Fondence Dnd filed for the record with tho Clerk to the BOðrd. Ms. ~pðuldlng agr~cd. T~e motion was amended by the maker to includo that all Minutes of Advisory Boards will be processcd through Miscellaneous Correspondence. The amcnded motion was aqr~cd upon by the seconder and carried unðnimously. CHATRMAN OF "'LL ADVISORY BOARDS TO KEEP BCC NOTIFIED OF STATUS OF ~EMRERS' ^TTr.Nn~NC~ AS PER PRFSFNT POLTCY There WðS ð brief dlacuGslon rr.gnrding ehairm~n Wlm~r's stðtement that tho Board's Policy should be adhered to regArding ~bsences, during which Ms. Spnulding aakcd the Board if they wished to make any further changas. The conscnsus of the Board wôs that the prosent policy should be followed ðnd that the ehalrm~n or each Advioory Board is to report PlltJG 20 -- - - - - - -- - - - - -_. -- -- -- - - - - - - - - - - - - - - - - - - - - - - - -- -'" L .,_.......-~,.-.......--,--..."""., ,,~,'.,-.. ..,.., ....-.~,...,.._'.......~...~... 'I Naplo9, Florl~a, J~nu~ry 19, 19R2 directly to the DCC Ðnd keep them informoð of the statun nf momborø ðttendence, rcquested leaveR, etc. foIOTION TO REIN~T^TE I"ROVISION FOR ONE ALTERNATE ON E^CIf 1\DVISORY ~O^RD - FT\ILEO Thor~ ~as ð briof dlscusoion reqardinq the possibility of reinstðtlng the provision for an altcrnðte member on e~ch ^ðvlsory Board, as recomm~ndpð by Commis~ionp.r pistor who stated that he would liko to see alternate members becouse that would insure tho Boards of 3 quorum whcn someone WtlS I'Ib~cnt. lie nlso 8tatad that he believos that It takes a certain amount of timo for ~n appointee to become familiar with the proc~~s and they could s~rve a sort of ·tralning periodft in the capacity of an altornata. lie sldd that he would f'vcn go ~long with the Idea of havinq one alternate from each District, aðdin~, that It thin were the CDSð, thero would be ðn experienced alternate available to fill vðcl'lncl~s as they occur. Commissioner Plstor moved that the BCC reinstate alternate positions for all Advisory Boards. This waD discussed, during which Co~missioncr pistor said that the question of the tlppropri~te numher of alternates would he left up to the discretion of tho ACC. Commissioner Wenzel asked if thera tire to be five alternates, one from each District, should not all T\ðvlsory 80l'lrds have five members? This was discusscJ briefly, during which Chairmðn wimer stated that he did not intend to voto for alternates on Advisory ~ollrds. Commissioner Wenzel stated thðt there cannot be sevcn-memhor hoards with five alternatcs. Ch~lrman Wimer took exception to the i~ea or fivo rago 21 ~oo~ 06 7 PACt 2.71 - -'" -- - - -- _..'-- -- - - _. -- -- ~- -.- .,.... _.. --- - -_. -- - - ---- -- -- _.- -- -.~..- - _. -- -- - --- ._- -. ~~ :'r~'~~---_U'---"~-" -..".."" 1 ·.".H"""""~.·.._,~__~"-<,_""....,~,,,,,~,,,...M._."'~"""'''·'''·''''''''''.."".__ a.. ...... ,... . __', '\IV" Nðpl~s, Floriða, J"nunry lQ, 1~8' aoo~ C57 PACt 272. altcrnntcs for clIch bo~rd, noting that this would pr~ctic~ll~ double the nu~b~r of mcmber~ on ^rlvlsory no~rds. M~. rp~ulðing st~t~d thðt thero Dre presently 114 members serving on Advisory Bonrds, including only ono alternate for each Ronrd. Upon conclusion o( the rliscussion, Ch~irman Wimer call~ for ð second to th~ motion on tho floor. tearing nono, the motion died for lack of a second. Later in the meeting, Commissioner Wenzol rcquest~d that he be allowed to make the motion again, in order to get it on tho floor for discussion. He movod thðt there be one ~ltern~te per Advisory Board an~ the motion was aeconded by Commissioner pistor. Thero was futhcr dlocu9s10n about Dltern~te membcrs on !\dvisory Boards, including dcbnte on 8 propos,l for an ðlternata for each membor versus onp. ~lternatc p~r board, nfter which Chairman Wimer cnlled for the question on the floor, which failed 2/3, Commissioners Brown, Rruse and Wimer opposcd. ^DMINISTRATIVE ATDE TO BCC TO CnMPILE LTST OF ALL TNSTANCES OF MULTIPLE MEMBF.RSI1IP C~ ADVISOny BOARDS, TO RE CL^RIFTF-D BY ecc AT L^TER DATP. Ms. Sp~uldinq stated that ther~ are presently Rever~l members who sit on more than one Advisory ~oard and thnt she has discovered that the staff liaisons were not ðw~re of the Board's pölicy prohibiting this pr~ctice. She asked the Roard if they would like to chango the policy to allow multiple mcmberchlp? Commissioner Wimer r~inforced his strong feelings that the present Policy should be enforced. Commissioner Kruso Btðt~d thl'lt many of these instðnces occur on ~d hoc P~qe 22 - - - - - - - ~ - - - - - - - - -- -- - - -- - - - - - -- -- - - - - ---- 1 I ,- I -' :..=J. L ""'".,.",.."....."''''"...-..~."~-'''-,,."_.,..._-'...._-,...- ~."'.-...~...-,,_..-- Neples, F10rida, J~nur.ry )9, 19A' cc~mitteea which ar~ made up of memb~rs from regulftr Advisory Boørds. She said that some Advisory Boards requiro their members to be members of other boards, such a. in the caso of th~ Colden Cate Estntes Study Committee. Sho said that ð decision should be mada and ~nforced onft way or another. She said that she profers to enforce the provision of the prosent Policy whcrein no ono may bo Boatod on more than one Board. Commissioner pistor stated that the CCPA 10 mðde up of represent1ng membcrs of the CAPC and J"PC. Chairman Wimer asked if thcre were any objections to asking "'S. Spaulding to compile a list of any instances of multiple seats on Actvlsory Boards, whcrein these members ~re not 1n conformity with the present policy? tie said that, ðt that po1nt in time, the Bo..,rd CÐn determine if any revislonß to the cxiGt1nq pol1cy ~re neceBsðry and they can consider the indi,dduðl cases of multiple saltts as they relate to the policy. Ther~ were no objections forthcoming from the mÐmbers of the Board. BOARD TO CONSIDER !\MF.N~ING RELEVANT RE50LUTION~ ~ND ORDTNANCF.S TO REFLECT ALL POLICY AMENDMENTS RE "DVTSORY BO!\RD~ - UrON ^D~INI5TR^TTVE AIDE C.OMPILTNG ALL RF.0UESTF.n ~~TF.Rr~L FOR anARD PF.RU:-AL AT L^Tr.R DATE Adminißtrative Aide Grace Spaulding requested authorization to instruct staff to make all the required changes in tho relevant Resolutions and Ordinances that will refloct ~ll of the amendments to the ^dvisory Board polley which have heen ~pprovcd by the Roardo ChDirman Wimer directed that this be set ~81de, for the time being, until ^ll the ,cquP8t~d informntion has b~p.n compiled and oubmitt~d to the Boðrd for their perusal. Thero were no ohjections forthcoming from the members of the DOðrd. MC~ 067 f"Ci273 pago 1:\ _ _ n_ __.._ -- --- -- ------ -..-...-- -- -~.. .. -- --- ~- .-- ..- -- -- -.. - - - - -- -- - - - . . ~~Iò~~.",l,i,.1I~'-('I.~.-.. ~ ..~....... "'..,,,.4~.· t~.r~ L "., .,~"".,,,..,.~_'_,!,,-,,,.___'_'_"h_''-''~__'''' '·I··'·'''~'''''''·"-- - -- -- - -- "'-' - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - ~ . BOOK 057 PACt 274 Naples, Florið~, Jonuftry 19, 198' At.L ADVHionv ~()1IR[)S TO HAVE FTVE ,.t ::MRr.nr.; ~F~"~ nt-I P.O}\Rt'~ IiI"!! :~C~r. Tt!1',N nvr. ~::-:i,'t'¡::n;. WILL or PHM1F.D OUT M', VJ\ç,'Ncrr.~ l\nISF. There was ð discussion regarding thn numbers of soots on ^ðviaory BoðrdA, including the (~ct thAt th~r~ ~rc m~ny existing boards with more than fivo membors. Commissioner Wenzel statect that, it ~ðch District is to bp. equ~lly rQpr~sontod, thora could only be five members on these Advisory Aoards. lie suggaDtod that the Ro.Hd limit all Advisory Aoards to five member~. !\fter 0 brief discussion regnrding how this could be implementcd, Commisslonor Wcnzel clarified his suggpstion by ~tating th~t nIl Advisory BODrds with moro than fivo membcrs will be subject to all seats over five being phased out ð8 vlIcancies occur. Commis~ioner Wenzel so movp.d, seconded by Commissioner Drown. Community Development J\dministr~tor Torry Virt~ expressed his concern regarding the m~~bor5hip of thë TJ\PC, based on appointments being mode from each of the Commiosioner's District, or limiting the rAPC ond CAr'': to five members. ChaIrman Wimer explained that, if the motion c~rrics, thc number of seats on all Advisory Board will be limitod to five, unle~s otherwise specif.ied by State Law. County Man~g8r Norman pointed out that this might creote a problem related to the Contr~ctor's Licensing Board and the Emerg~ncy Medical Services Advisory Council, whorein cert8in kinds of represcntl'ltion wore ñcslgned into the membership. This was dlscuss~d, during which, Commissioner Wen%cl offered to withdraw the motion if the staff feels th~t it will croate ð problem. Chðirmðn Wlmpr st^ted that he cannot sce why ðny of the ^dvisory Boards need to hnve more than five members, Pago 2" - - - - - - - - --- - -- - - - - - -- - --- -- - -... -- -- - -- - - - --- --- L Naples, Flor1dat January 19, l~R? noting that five CommiRsioncr'o are able to handle any problems that com~ before th~ County. Commissioners ~onz~l ðnd KrU9~ ngroed. CommisBsioncr Wenzel chose not to withdrawn the motion. Upon call for the question the motion carried 4/1, with Commissionor pistor opposed. ADMINISTRATIVE AlOE TO COMPILF: LIST OP ALL 1\D HOC COMMITTEES TO BE CON~TDERED AT L"TER D^T~ R~~~PÐTNC NEED FOR CONTTNU^TION Commission~r Kruse stated that certain committees are established on an ad hoc basis, ~owever, many of them t~nd to become ·standing committees. and are not dlsb~nded upon completion or their specific function. She moved that any committ~es estnhlished as ·ad hoc· be looked at indlvidu~lly by the acc who will decid~ whether or not they are to be disbanded or continued. Chairman Wimer declared that no motion io necessary. He dlrectprl Admlnistr~tlv9 Aide 5p~uldlng to compile a detailed liRt of all ad hoc committees for submission to the Board for their consideration ðS to the need for continuation. according to the "Sunset Law·. ESTABLIf,HING SPECIFIC GUIDELINES, DUTIES, GOALS, ETC., RE ~DVISORY BOARDS TO BE C0NSTOERF.D ^T L^TF:R OATr. Mr. Chris Blunt, Chairman of Parka and Rocreation ~~visory ~onrd, l spoke briefly about the noed to select people with an interest to ~ervc for the various Advisory Boards, explaining that he rarely has ð quorum at his meetings. He 8ugqested that the Board look ovcr the presently est~bliGhed Advisory Bonrds ftnd consider wh~ther or ~ot th~y are cost effûctive and/or or henefit to tho BCC. BOOK 057 PACt 275 PilI] t' , c; - -- - -- - - -_. - -- -; -- ._.~ -~ ...-. ..-. --.-.. - ---- ..-. -..-. --- --- --- -..-----..- ----- -,-.--.----.. ,,___,,___'__~~r , ---~'~..-.C-- . ,., ~ " ,~. , "b- ,:ø.;¡. _ ""N__"","__"""'-~""_ - - - - - - - - - - - -- - - - -- - - _. - - - - - -- -.- - - - - - - - - - -- ~oo~ Gß? PACt 276 Naples, Plorid~, Janu^ry 19, 1982 Jim Smith, Prosident of Naples Are~ Board of R~altors, 6r~~e briefly reqlll~ing II list of criteria for appointmcnt9 to ^dvisory Boards he submittod to the members of the 801Hd. 110 r9qu8øtod that this criteria he studi~d carofully anð tncorpor~ted in the ecc's appointment piocedurcs, especially the inclusion of more businessmon And businesswomen as nppotnteen. He further recommp.nded that the terms of memb~rs of tho Aoðrd he staqgored. . * , . C~,ilirman Wimor left the moeting ðt this time ^nd Vice Chairman Kruse took ovcr ðS the presiding officer. - ~f~O P.~. ~ . * Wilson J. ~tock~~, Chlllrrn^n of Isle of Capri Flro Control District ~dvisory Board, stðtod that he is concerned with the apparent lack of speclfic nuldcllncs, goaln, nnd duties for his ^nd other Advisory Bo~rds. He statr.d that ho still does not know what his duties and/or responsibilities ^re except th~t ~s. Spaulding hns told him he reports directly to the BCC. He suggested that each member of an !\dvisory Board be lssuod a memorandum lndlc^ting his/her dutip.s, the purpose of the respective board, the responsibilities of each member, etc. Thora was a brief discussion as to the need to est~blish specific guidelines for the indlviðu~l hoards/committees and it was the consensus of the Bonrð' thllt thi s ahould be consiðp-rect after studying I I . ." tho pertinent informðtion which has been requested by the Board. , \ Commissioner Kruse ~sk~ct for confirm~tlon that each Advisory Board hðs boen requestcd to supply the BOllrd with 8 dotailed list of th~ir respectivo duties, objrctives, etc., and ~s. Spaulding repliod affirmðtively, adding that most of tho Advisory Boards have rosponded, t \ I PlIge 26 .............,...,fI/t , - - L ,.., ··'c","_"_."""'-'- ,..,^~--"",,~.'-~"'.""_."- N~ple8, rlorid~, Jnnuary 19, l~"' how~ver, 80mn have not. Sho enld that, while ðolnq h~r r~Bearch regarding how each ^~vi60ry Bo~rd was ostDblish~d, Ahc noted th~t when Ochopee Fire Control District Advisory Boðrd was established, it was clearly defined what the mrmbors duties ware to be. ~he adð~d th~t, If nothing like this was over established for the 1elo& of Capri District or for any of the others, then pcrhðps It should be. County ~an~qer Norman confirmed that definitive guidelines have been established and adopted by the BCC for Ochopee as well as tor Golden Cate Fire Control Districts, however, he is not awnre of any for Isles of Capri. Commissioner Kruse asked Mr. Normnn if ~ motion waR necessary and h~ roplied negatively, noting that he would sce that the proper procedures were initiated. C~mmt~D!oner Kruse ðsked Ms. Spaulding to forward a list to the BCC )f any Advisory Board that did not respond to the aforementioned request for Information. Steven Martin, Chairman of th~ Envfron~~ntal Advisory Council stated that h~ W~B distressed that the Bee has taken action regarding Advisory BOl'lrds without first hearing from representatives from these Boards. lie suggested that a met;tlng be scheduled between all Chldrmen of hdvlsory Boards and the County Manager to dlscus~ individual problems which may be unique to that particular Poard. He explained that the EAC noodB nn alternate member bocause many times ð regulnr member must abstnin from cðsting a voto becðuse of n poDsiblo conflict of interest with respect~to a profesRional connection to the particular project thðt Is beforo the EAC for review. He said that if one ~r two members are abf't'nt on that p1\rtlculltr day slid ono member has to abstain, th~ puhlic Is not going to be protected as they should be, I . " &C~K 067 PA~t.2,71 ' PlIqe '7 - - - - - - - - - ...- -. -- _.... - - .-- -.- -- --- ..-- _.. ..- - - -- - - -_. _.- -- -- - -- -... -- -...- ---..._---~.......,. l _ .~~.'~~._- L ----~ ~OOK DB? 'fIAtiZ7S N~pl~s, Floriù3, J^nu~ry 19, 19A2 l1C!ding ~hllt in the C'ðfH! of ðhRt'nca ot IJ 1"}\ll)fUm ror tho vot<.:, t.ho recommcnd~tlon for ~pproval or denial of. ð potitlon would h~ve to be møde l'Idministrntivcly or th~t p~tition is not rftvip.wed at all. Mr. Mðrtin objected to n ·bl~nkAt policy· beinq ^pp1icnble to all Advisory Bonrds, claiming th~t each haa ð unique function ^nd uniquft problems. ~e addressed multiple soats on Advisory ßoards, specifically relðted to tho Colden Cnte Est~tes Study Committee, cxpl~ininq thl'lt the lde~ behind the r~quirp.mcnt for memborship on that board from ðmonq parsons seðted on o.,h"'..,(""rds was to insure coordinðtion of the goals and objectivcs of diff~rcnt bodies, Including the £AC, CCPA, WM^O ðnd the Planning Commissions. He said that, in this way, members of the various boards are able to report back to their respective boards on matterS reldtive to that board·s concerns. He also addressed the fact that not all boards have been set up specifically ð~ legðl advisory commlttods ðnd he sðið that h~ dons not bclive thnt tho dutioa ~~d responsibilities of theDe boards should be decl~ed by the individual bOðrds, rather, he thinks that the BCC must, from time to time, review the need for these boards LInd establish specific duti~s for el1ch. ~e sugg'.:stcd thnt tilis be established by coordinating cffortc between Advisory Board Chalrm~n ðnd the ncc on behalf of the public. Mr. Martin ðsked Commissioner Kruse if she objects to members being on two boards becðuse she may not agree with those board's policies? ComtnlsGioncr Kruf:o clnrificd hor position ð8 one af oPP06ition to duðl fppolntmr.nts. She ðlso referred to Mr. M~rtin's . statemont wherein he expressed concern th~t the potential for conflict of lnter~8t may interfer~ with the operations of the E^C, thororor~, he Ptlgn 28 - ---- -----.- ----- ----... - --- -------- ----------- L ._..""",,,,.,,~.........-,,,,,-~,. - - ._ - - - __ _. .. _.. ._. .__ _... ..__ _.._ __ ____ __ - - . - _.. - _._ __.. W·_· .._ _ -..- .-- --'. ---- .-- ._- - -- -. -- --- - -.. _.- Naples, Florid~, Jnnunry l~, 19~2 objocts to fivo-mombor b6ðrds. She stated that the potential for conflict for interest al.o applies to the BCC ~nd, occasionally, a Commissioner must abstðin, however, this nover interfer~s with the operations of the County. Therofore, she stated, a potential for conflict of interst shoulct not interfere with the operðtions of thp E^C. Mr. ~ðrtin Insisted thnt this is ð recurring problem with the E^C, especially when It happens on a day when one or two membcrs arc absent. However, he conceded, it may be Ð problem unique to' tho F."C, adding that this is one ~f the things of which staff should bo mðde ðwar~. Bernie Yokel, Chairman of Water Managtment Advisory Board, addressed the possiblo administrative choice before tho Board to " es~ablish some sort of hlernrchy in the "dvisory Boards. He referred to the fDct that ,some_ bosrds meet regularly, include tho working element of stðff ~nØi ~'ç ð part of the permitting process of the ..J.r~" ','4 .Iii '., Co~nty"w~ilJ i~~¢~s meet much less frdquently ahd only'when needed. Therefore, h~ explained, it 15 possible that the latter type of board bo considered as a ·commlttec· and the organizAtional pattern that the Bee is attempting to impose would not apply. He said thðt he considers this ·non-applicablR status · as fitting b~causo there are specific reasons for organizing committees such as the CGE~C as it is, in order to insure that all ðrcðs of concern be covered by people with various kinds of expertise. He said thðt mðny problems c^n h~ ~liminnted by estðbliaing the difference bp.tween a ·board· ðnd a ·commlttee·. Mr. Yokel ~lso aqr"ed with Mr. Martin'a suggestion that tho County may P...q~ '-9 bC:~ 067 PACt 279 . "'.,"L----- --qr- ----....'" ....~. ~.. ....' _.',....".~,-""_._'''''"' -- -- - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - --- Nl'IplC9, Floridn, Jnnuary l~, 19~? .. aCOK 067 PACt 280 benefit by a meeting with the County Mnnnger anð tho Chnirmon of nIl of tho ^dvisory P.o~rds ^nd he nsk~rl thðt this be implemented by th~ Bonrd. . . '. It Wð9 the cons~nRun of those members present that no further action be taken at this timp.. H~ðring that nll rogistered opeakers had been henrrl and there wore no furthcr comments from the members of staff, Vice Chairman Kruse anked the members of the Bo~rd if there was anything furth~r they wished to nddress at this time? Hearing none, the meeting was ðdjourncd by order of Vice Chairman Kruse at 3143 P.M. \ I paqe 30 -. I - L ......,.,"""...__._w."',...,,~,_"'·.......,,";,._'''''''__,___"..·...·. ,""-_.....-..__."~-