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BCC Minutes 04/03/1979 S Naples, Florid., April 3, 1979 LET IT BE REMEMBERED, that the Board of County Commissfoners fn and for the County of Collier, Ind Ilso Icting .s the Governing Board(s) of such special districts IS have been created according to law and having conducted business herein, met on this date at 2:45 P.M. in Conference Session in Building "F" of the Courthouse Complex with the following members present: CHAIRMAN: David C. Brown VICE-CHAIRMAN: Cl:ifford Wenzel John A. Pfstor C. R. "Russ" Wimer Thomas P. Archer ~ ALSO PRESENT: William J. Reagan, Clerk; Harold l. Hall, Chief Deputy Clerk/Fiscal Officer; Debbie Pantano, Deputy Clerk, Irving Berzon, Utility Director~ C. William Norman, County ~~nager; Donald Pickworth, C~unty Attorney; Administrative Aide to the Board Mary Morgan; and Deputy Chief Raymond Barnett, Sheriff's Department. lli.tma 1. Excavation Ordinance 2. Imrnokalee Stockade 3. Advisory Board Policy DISCUSSION RE PROPOSED REVISIONS TO EXCAVATION ORDINANCE; STAFF DIRECTED TO WORK WITH LOCAL ENGINEERS AND WMAB PROVIDING RECOMMENDATIONS TO UTILITY DIRECTOR AND BROUGHT BACK TO BCC AT A LATER DATE Utility Director Irving Berzon said that. revised Excavation Ordinance has been drafted by a committee consisting of the County Manager, County Engineer, County Attorney and himself which basically incorporates suggestions provided him by various Commissioners as well IS I few individuals. He referred to I previousl distributed list of changes and recommendations and briefly mentioned various changes made in the existing ordinance~ i.e.. I provision of protecting ground- water level and quality and the preservation of the Comprehensive Land Use Plan. Mr. Berzon further stated the proposed ordinance provides definitions of excavatic In response to Commissioner Archer, Mr. Berzon stated the proposed ordinance does not provide for the exemption of commercial rock pits as the existing ordinance does; however, he pointed out that the section for .Exemptions" has been clarifi~ 800l( D4B PAC~ 151 MOX 046 PACE 152. April 3. 1979 from that of the exis~ing ordinance. He went on to say the revised ordinance provides for the issuance of perm1ts as well as the requirements for obtaining permits, some requirements having to be met while the excavation is being carried out. Mr. Berzon then mentioned the section concerning inspection and reporting requirements as well as indicating a revised section providing the bonding requirements. He also noted that the proposed ordinance will be applicable to proposed excavations. those presently in process, and those which have been previously permitted and not completed. Mr. Berzon then referred to the section in the proposed draft dealing with the administration and issuance of permits. He commented that he does not feel as though the Water Management Advisory Board should have the "final say" on whether or not an excavatfon request is approved. Commissioner Archer. again referring to commercial rock pits, suggested that a separate ordinance be created especially for that type of excavation. Commissioner Pistor concurred with that suggestion. County Manager No~an commented that if a s~parate ordinance is to be created, the staff must be advised on how the commercial excavation should differ in requirements than other excavations. Referring to comments made by the Utility Director. Mr. Norman explained the reason why the Utility Director has been named in the proposed ordinance as the administrator of permits fs that it was felt by most of the members of the committee that he is the closest in contact with excavations; also. the reason for the WMAB to provide recommendations to the BJard is so as not to take the Commissioners' time in reviewing excavation requests in any great detail. Commissioner Archer referred to the section on sloping requirements stating uQuin problems these requirements will have with regard to commercial mining operations concerning safety hazards. Mr. Berzon stated that a provision can be made in the ordinance providing for adequate fenCing for major commercial operations. Commissioner Pistor questioned a section in the ordinance whereby an applicant who is not satisfied with the decision made by the WMAB regarding his permit may appeal the case to the Circuit Court of Collier County. Hr. Berzon April 3, 1979 again explained this section was provided to relieve the Board of the responsibility of reviewing such matters. County Attorney Don Pickworth explained that the intent of that particular section is that someone or some advisory board will be designated to review all applications and make sure they are in compliance with the ordinance adopted by the Board. If such requirements are met by the applicant, there would be no way that an applicant will be denied a pennit. Mr. Tom Peek, representing Highway Pavers, stated his objections to the fOllowing sections in the proposed draft: Section 4 regarding definitions of excavatfons in that he feels it should be limited to those excavations which produce water; Section 5 regarding exemptions in that it does not include commercial mining as In exemption; ~ection 6 concerning issuance of pennits commenting that the Board should consider the burden placed on the Utility Diroctor if he is the one to be named as the administrator of the ordinance. He suggested the Water Management Advisory Board and the Environmental Advi~ Council be combfned into one board. Mr. Peek also referred to Section 7. the provision dealing with the damage reSUlting to the street and road system from the hauling of excavated material fr the site. stating that it is not feasible to try to determine exactly who is caUSing the damage to the roads whether it be commercial vehicles or public vehic Regarding the proposed section on side slopes, Mr. Peek commented on the requirem~nt that sloping shall be maintained as the excavation progresses. He stated that it would be extremely difficult to do if the excavation is of any gre dimension due to the company's lack of equipment if sloping is maintained at 4/1. also noted that adequate fencing would be expensive and, also. blasting is not feasible with the 4/1 ratio being maintained during the entire process. With regard to Section 8. Paragraph E. Mr. Peek commented that it should not be required that a permit must be renewed after 12 months, if. up to this time. the excavation still in progress is meeting the requirements of the original perm ~~M~ BOOK 048 PAcE15'4 April 3, 1979 also, he objected to the requirement of right angl. cross-sections taken at 50 foot stations noting DOT requires 100 foot stations. Referring to Section 9. Mr. Peek commented that the reqUirement concerning inspections should be clarified in that the pit operator is to be notified at the time or prior to the time the inspector is on site; also, the stipulation tha the property owner shall correct violations within 15 days of notification of sail violation is impractical and he suggested the owner be given 15 days in which to acknowledge the notice of violation and possibly submit possible methods of correction within that time; he also objected to the requirement of a surveyor or engineer determining whether or not the excavation is in complete compliance with the ordinance. Under Section 9. Paragraph B regarding reporting, Mr. Peek questioned the provision that a report is to be made every six months and suggested it be changed to every 12 months; Regarding Section 10 on Permit Fees, Mr. Peek commented he feels the applical fee of $100 is too low and, also, the additional fees pertaining to excavated material he feels is too high; County Attorney Pickworth stated the proposed fees are based on costs of regulations and not on basis of royalties. In response to Commissioner Wimer, Mr. Peek stated there is an objection to Section 17, Paragraph B in that it refers back to previously mentioned provisions to which he has already Objected. In summary. Hr. Peek suggested the ordinance be written so as to set down thE criteria for an excavation and rather than having an application reviewed by several boards. it only be reviewed by the administrators of the applicable departments; further, if an excavation requires some sort of variance from established criteria, then the various boards would b. consulted. Mr. Bill Barton, of Wilson, Miller, Barton, Soll & Peek, commented that the proposed ordinance, as presented, goes far beyond the protection of the health. safety and welfare of the people of Collier County and is a very regulatory ordina He also commented on the side slope provision of the ordinance. Mr. Barton concurred with Mr. Peek's suggestion that criteria be established in the ordinance Apr11 '3, 1979 and an applicant be issued a permit if the application shows that the certain criteria is meti also. the owner would be required to report back to the Board to show all requirements have been met. He also questioned the purpose of the periodic reporting of excavations. Addressing Commissioner Pistor's concern, Mr. Barton commented that there are no excavations in Collier County which contaminate the aquifers in the area. Mr. Fred Biery. representing Pelican Bay Improvement District, commented that the proposed draft is much more complicated than the existing one as far as permitting procedures. He questioned whether the water menagement plan which has previously been approved by various agencies now has to come back and be approved as an excavation permit. Mr. Biery also commented that he would prefer the periodic reporting be changed into a longer time period than 6 months. Mr. Jerry Cutlip, Water Management Advisory Board, suggested haVing two separate ordinancesi a mining ordinance and an excavation ordinance. Mr. Jack Price, Chairman of the WMAB, commented that the staff should be directed to re~rlft the ord~nance with input from people in the fi~ld. The County Attorney suggested that private individuals be permitted to submit suggestions in order that the ordinance will not be too demanding or regulatory on smaller operations. Commissioner Archer commented that he felt the original intent of the proposed or~inance was to merely amend the Bonding requirement section and, also, an "as- finished" drawing certified by a Florida engineer to be submitted. Mr. Pickworth commented the reason the ordinance was redrafted is that the existing one is very vague and confusing and that it would be best to .start from scratch" incorporting suggestions turned in by various individuals. Mr. Oill Oarton suggested that the ~C and WHAB be combined into one board to review all excavation permits. Commissioner Pistor stated there is a WorkShOp scheduled concerning Advisory Board policies. It was determined by the Chair that the persons who still have suggestions to the Ordinance submit them in writing to the Utility Director and the staff continue revising said Ordinance to be brought back at a later date. ,800K 048 PACE155 BOOK' 048 fAct 158 r" . 'iI, . April 3, 1979 SHERIFF REPORTS ON CONDITIONS AT JAIL RE SPACE REQUIREMENTS . COUNTY MANAGER DIRECTED TO PROVIDE RECOMMENDATION ON PROCESS OF SELECTING CONSULTANT FIRM TO PREPARE AN OVERALL STUDY ON TH" SPACE HEEDS OF THE ENTIRE ~OMPLEX Sheriff Aubrey Rogers commented on several prOblems encountered regarding the condition of the jail such as kitchen facilfties, vfsftor's area, recreation facilities, and the like, and stated that federal courts have been setting down requirements as to how the conditions are to be changed. He also mentioned over- crowded conditions at the jail. He suggested studies be performed in order to improve the conditions. Sheriff Rogers also mentioned spac. problems connected with the courtrooms And jury rooms. County Manager Nonman stated he will provide a recommendation to the Board with regard to the selection of a consultant finm to studY space needs. A brief discussion was held whereby it was detenmined that the entire Complex should be studied in order to solve the space problems. The Chairman directed the County Manager to provide the Board with a recom- mendation for the selection of consultant services for the Courthouse Master Plan. DISCUSSION RE IMMOKALEE STOCKADE CAPITAL IMPROVEMENTS . FISCAL OFFICER DIRECTED TO PROVIDE RECOMMENDATION ON METHOD OF FINANCING SAID PROJECT NEXT WEEK Commissioner Archer discussed the conditions of the Immokalee Stockade referrir to a report preViously discussed with the Board by the Assistant County Manager with Commissioner Archer noting that the needs of the Stockade should be separated from the Complex problems and the Sheriff's Department. Financing for the project was briefly discussed with Fiscal Officer Harold Hall stating that if the Board so desires, he can provide a recommendation for financing the improvement program IS prevously presented. Chainman Brown directed him to make a full presantation next week in Regular Session for the Board's consideration. DISCUSSION RE ADVISORY BOARD POLICY - DEFERRED The discussion re the Advisory Board policy was directed to be deferred until next week's WorkShop Session. . . . . . . . * * * * * * * * * . There being no further business to come before the Board. the meeting was adjourned by order of the Chair - Time 5:10 P.M.