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BCC Minutes 06/10/1986 R . . .'" A Naples, Florida, June 10, 1986 LET IT BE REMEMBERED, 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 board(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 REGULAR SESSION in Building "F" of the Courthouse Complex, East Naples, Florida, with the fOllowing membe1s 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: Carmen Ruiz, Deputy Clerk: Donald B. tusk, County Manager; Neil Dorrill, Assistant County Manager; Pam' Brangaccio, Deputy Assistant County Manager: Ken Cuyler, County Attorney: David Weigel, Assistant County Attorney; Tom Kuck, Public Works Administrator; Dave pettrow, Zoning/Planning Director; Ann McKim and David Weeks, Planners; Robert Fahey, Solid Waste Director: Nancy Israelson, Administrative Assistant to the Board: and Deþuty Chief Ray Barnett, Sheriff's Department. ¡-" . . 1 ~ .. , . ~ ~ ,.ï :'. ,4o ~, I'. ....j) ~ ~'. T:": ".. ;>' . ~ ! ~.j ¡ .".Ì'i ~ :.: .. .,,' ,.::.. ~ &OO1( 095 PA(.{ 01 Page 1 J, . i:;i' ..;J< OaJ·· I'··!!;¡~l,., ~.... ,'·;ü.,: :,,~.,' ~/ ~~\. WI;, l"'r;:, '~.:> ;. 095,Ar,t 10 r ~, Tape f1 Itelll f1 AGENDA - APPROVED WITH CHANGES June 10, 1986 Commissioner Voss moved, seconded by Commissioner Hasse and carried unanimously, that the agenda be approved with the following ¡ changes I 1. Item 8A withdrawn, Clarification of Status of Wiggins Pass Club 2. Item 9El, Recommendation re lease agreement between the Board o¡ County Commissioners and the Florida Aerolights continued to June l6, 1986. 3. Item SA, Employee Service Awards, addition of Ed Newberry for five years service Ite. U I OATH O~ O~FICB OF CLERK OF COURTS ADMINISTERED TO JAMES C. GILES Judge Charles T. Carlton administered the Oath of Office to Mr. James C. Ciles confirming him as Clerk. :It.. 13 EMPLOYEE SERVICE AWARDS (PERSONNEL) Commissioner Pistor presented the following employees with service awardsl ; " Ed Newberry, Secondary Roads & Transportation Linda Greenfield, Planning Joseph Corbo, Road & Bridge S years 5 years 5 years '1.. Page 2 .. I .. ~ -'''_"~_~'_'_.'''~''~''~"''_''____'''''_'' "'_~·_""·"'~·'·M._'.",,",·'·· '" , .." ,."",.,_."."..""~,~'"_;"",,,, ;, 1 ........____,...._ . ···""'___"__~"""'o"'__"""""'","_.._~",_"_."·_..~,."...__,.,,_.,n,·. .__..____~,_~_ June 10, 1986 D. RAY FOR HIS SERVICE TO THIS Commissioner pistor .oved, seoonded by Commissioner Voss and oarried unanimou8ly, that the proolamation commending William D. Ray for hi. .ervice to this oommunity, and congratulating him for being awarded the 1'8~ SPIRIT AWARD of the AMERICAN RED CROSS be adopted. Award was accepted by Charles F. Rayon behalf of Mr. William D. Ray. " '. ",' . Pi'}..... r .'f:"::~ ; ~..: ~ ~') ri.1 1"/ , \... " ¡', t. >"".1, &OOK 095 B~t n Page 3 !,~ ". ~-: 1 ~. ;- (J¡J;?'; ·"~"",-""_"_,,,,,,,"....,,,,...,,,_",,..·.4;"'~'''~''"'"'''''"'_''^'_''_,_~.._ June 10, 1986 It.. IS PROPOSED ORDI~CB PaR THB PURPOSE OF PROVIDING AND REGULATING SOLID WASTB COLLECTION AND DISPOSAL - TO BE REVISED AND BROUGHT BACK TO BCC Legal Notice having been published in the Naples Daily News on May 9, 21, 1986 and June l, 1986, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider a proposed ordinance for the purpose of providing and regulating solid waste collection and ð\sposal. Commissioner Hasse asked if this is the ordinance or the concept, and Commissioner Pis tor stated that this is the ordinance and it can be adopted or n~~, but it will pave the way for having Mandatory Collection take effect in the County. He added that the Board can set a date for it to take effect, or decide whether or not to adopt it. Assistant County Manager Dorrill stated that on at least three previous occasions the Board has discussed the potential for con- sidering an ordinance that would create mandatory solid waste collec- tion and disposal, and as a result of two workshops, the Board had asked the staff to come back today to present an ordinance that has been advertised as a pUblic hearing, but as a result of some changes that had been proposed by Associated Utilities Services, the ordinance will be readvertised and go a to second public hearing. He said that although the changes are few, Staff is proposing to the Board that the final adoption of any ordinance be withheld until it is readvertised, but the Drdinance will be essentially the same as it has been pre- pared, presented and discussed this morning. &OO( 095 f'.\;·1 13' Page 4 --~-,--,--..;.....",-".;.....;...---_.. 1m 095mr 14 ( ~. ;" , \ f! I..' June 10, 1986 Mr. Dorrill indicated that at the time the Board had workshops in Immokalee and Naples there were sœrveral areas that needed to be resolved1 1) to determine the actual municipal service benefit unit that would be proposed, implemented and required for mandatory solid waste cOllection; 2) who would ,be doing the billing and under what circumstances the billing would be accomplished so that it would be enforceable and successful: 3) what the approximate rate would be in order to assist the Board in making a decision. He added, that thereafter, Asscciated Utilities Services was retained and Mr. Stuart McDaniels is present this morning to present the rate work they have done to give the Board some idea as to wha, the rate will be. He pointed out that Staff is not asking that the Board adopt a r~te this morning for the same reason that a final form of the ordinance cannot be adopted until it is readvertised. He said that the original ordi- nance that was prepared by the Citizens Solid Waste Advisory Committee proposed three separate municipal service benefit units and Associated Utilities is recommending the adoption of one unit that would levy a consistant County-wide fee for mandatory residential solid waste collection. He indicated that for the ordinance to be implemented upon the Board's adoption, two additional pieces of work will be involved: 1) Revisions to the County's existing franchise agreements which are basically consistent among haulers; they are old and there is a need to negotiate with the three franchise haulers amendments to their agreements which 1..1.'. il expir~ in 19901 2) There is I "" ':':"': , ~ . rJ:j::...·~r!:~ I r' -" ~:: Page 5 .. - - ".,.,,_... _.,,.,,,,,. ·",,,,,,·~,,,,,,,,,·,",,'..._·~~.~~o,,,·_,__~..".,",,,, -'~-""'-----"''''''_''''__'''''f''''-II ". . June lO, 1986 little, if any, language on how to determine a rate for recognizing that County-wide volume and density of customers is much greater than it is on a voluntary basis. The rate consultant, he added, has based his study on certain facts and the Board is not expected to get into a debate on rate setting which is a technical, highly complex field. Mr. Dorrill stated that there are three franchise areas in the County; Immokale·-. Disposal, Yahl Brothers serving the greater Naples area, and Marco Disposal which serves Carnestown, Ochopee and Chokoloskee and are not proposed to be included in mandatory home collection. He said to determine the service areas within the three franchise areas, the staff had to differentiate between twice-a-week and once-a-week or urban and rural-type service, and while they are proposing mandatory collection of residential solid waste County-wide they recognize that there is not a lot of good, productive use in trying to cover the rural areas with the same type of service in the more densely populated areas. He added that what has been done is to propose the urban, or twice-a-week, collection areas within the ser- vice areas: essentially they are the existing fire and lighting district for the Immokalee community that includes some urbanized aress, for Yahl Brothers the area west of Wilson Boulevard in Golden Gate Estates be designated as urban, and for Marco Disposal at the intersection of S.R. 951 and U.S. 41 and Marco proper to include the Isles of Capri and Goodland. The balance, he said, of the eastern areas of the County are considered rural and worthy of once-a-week pickup. &OO1( 095w.:r 15 Page 6 . "';-.",,-~-"..,. '~'-''''~.'. -,;, .....,-,~,-_._".,.,," ""_"" "",_.;0,'-' .-_.,,"",_.,,--;_.~--.-_,.._~ ...'".......""---~.._"'''"...,," ..,.,. ^-."-"'-'~"-"-~"-'" 1m 095m! 16 ; f':, til, June 10, 1986 Mr. Dorrill said that they propose that the ordinance be imple- mented and become effective on April l, 1987, and there have been pre- liminary discussions with the Tax Collector and he has entered into an agreement whereby he will bill for the collection of special ässessments for ~tility and road matters, and the same is being pro- posed for mandatory solid waste collection. He said that in advance of April l, 1987, the first billing would have to go out towards the latter part of tlds year, and that would cover the County from April úntil September at which time the second billing would go out and remain in effect from September, 1987 until October, 1988, and that would put the process on the Octoberl to September fiscal year. Assistant County Attorney Weigel stated that within the draft ordinance in the urban-rural distinction there will be a modification to what has been advertised to show a change in boundary and to deli- neate where there is twice weekly collecti~n and once weekly collec- tion. He indicated that the Attorney's office has continued to work with the definitions that will appear in the ordinance and will pro- vièe further information within 'the ordinance addressing the matters of hazardous waste, infectious waste and radioactive waste, where appropriate, so that the public, haulers and the County will be fully aware that the definition of "solid waste" is presently existing within the ordinance and does not count har.ardous, infectious or radioactive waste and will not be subject to collection. Mr. Stuart MCDaniels, Senior Vice President of Associated Utilities, said that his firm was engaged by the County to estimate Page 7 - - ~ '-._-.0_-''''......'''''''',-,.."."'''...-.-..,.,-- ~.,~,__,__, ~"-..-t__'".-;",.,.,..".........._"""_"""."_"~"~,,,.,,..,,.." June 10, 1986 the annual cost to each residential household of mandatory solid waste collection and also to estimate the amount of money that each of the three franchisees should be paid monthly for that service. He said that under the terms of the franchises, the residential rates are set by reference to public utility standards, which means that to deter- mine an approprIate rate the rate base must first be determined or the net investment in property, plant and equipment that is devoted to public use; secondly, the annual operating expenses must be determined that are 8pprop.iate for recovery: and, thirdly, the fair ra~e of return or thè profit that they should be entitled to earn. He added that in order to make these determinations, he met with the County representatives, obtained financial rlata from each of the franchisees and also met with them. From the data, he said, they were able to determine what the haulers current level of profitability was, esti- mate what changes they would experience in the operation as a result of the adoption of this ordinance, what the annual cost to residential homeowners would be and what each franchisee should be compensated on a monthly basis. He indicated that the recommendation contained in hi" report is that each residential household would be assessed a rate of $60 a year, and out of this amount each of the franchisees would be paid and the County cost for disposal and billing would be handled. He indicated that this represents a reduction from the present monthlÝ average rate of approximately $7.04 per month per customer to 8 rate of $5.00 a month for an approximate, 29\ redu~tÁon. He pointed out " Page 8 bOOK 095 P~~t 17 -_.....,._--_.,...,,,.~''"',.,...,''~,,~=..''''',.... ,.."'..-----........ .._...._''''...."'''''''-,-~''"-''"'-..,'''._"''',,.,'''''"~~--~,> '''g'' ,", ~"I ",- ,.r.· - -" ',-v, ';·/i~·· . "<, .,' ';S~:*'~·:~ aD~ 095on\.£ 18 June 10, 1986 that only half of the households in the County subscribe to collection service, and many residents are combining their trash with paying customers and sharing the fee or disposing it by other means. Mr. McDaniels stated that another problem with the existing franchise language is the fact that commercial rates are not regulated per se, while residential rates are and it is difficult to segragate the operations of these haulers between commercial and residential service because many of the facilities are commonly used, so the operations were viewed on a total company basis without regard to whether it was commercial or residential. He indicated that for this reason they are recommending that at some point in the future that the County give consideration to abandoning the present franchise arrange- ment and put out to bid residential collec~ion service and let the commercial business become totally unregulated. Commissioner Voss stated that he sees a problem with having the Tax Collector collect the money because he does not send out a tax bill under $S.OO and if the $60 is billed twice a year, the first year it would be $30 and at 3\ it would be $.90 and the Tax Collector is not gOing to send a bill for $.90, so when talking about rates it must be determined how much it will cost to send the bill out. Mr. Dorrill indicated that the Tax Collector would be billing on total volume which in this case would be in excess of a million dollars, and he would bill on 3\ of $l.2 million of the total billings; he will be mailing out a separate service bill and not part of the tax bill. 'Page 9 - - - ........--..._,."'"" III ._.~-.._---,-" "~'N"____"""""""~"";""",;~,,~,;,_,_,,,,,,_,", > - - .. June 10, 1986 Commissioner Voss indicated that it should be determined how much it is gOing to cost because that has to go into the rates that are charged. He added that everyone will be assessed the $60, including mobile homes. Commissione~ Holland asked how the estimated tonnage was errived et in Marco Island 3nd Immokalee and the outer Naples erea and also the Naples area? Mr. McDeniels answered that the tonnages were obtained from re00rds maintained by the County for solid waste disposed at the County landfill end transfer stations. Commissioner Holland asked if Associated Utilities did anything to verify any of the figures other than take them from records from the landfill? Mr. McDaniels answered that with respect to the tonnages, "NO," but that the County maintains very detailed records. Commissioner Holland asked if Associated Utilities checked how many units are occupied year round as compared to units occupied four months out of the year, and if so, how that was done? Mr. MCDaniels stated that they obtained that data from records maintained by the County, which indicate that the average residence in Collier County is occupied approximately 2/3 of the year. County Maneger tusk asked if they checked the Immokalee landfill records and Mr. McDaniels answered affirmatively. Commissioner Holland asked if in Naples they took the records from the County as to the garbage dumped from the City at the County land- fill? Mr. McDaniels said that was not .taken into consideration. Commissioner Holland asked how they arrived at the tonnage for the alia« 095."'':1'19 Page 10 ,··c...,.,.,_'............,..... ...__~-.__,.~, -·-,-··_..···u- """__"_."..,~"',~..._v».....~..,.."'''''~,,..,..,',._.~_..._.~,,.."... ., ,,'R,1,:<\i,.,.,,' '., '1t' ;,{.. ~ f~', ~'." ;10.:" ~,' IOOiC 095f'J(.{ 20 June 10, 1986 I'r. McDaniels 'å~ered ¡¡~at they obtained some City residents? data relative to the tonnages generated in the City of Naples for the purpose of assessing whether or not the figure of 1.6 tons per resi- dent in Collier County was reasonable. Commissioner Holland asked if they tøok into consideration that not only is the landfill being used but also that the City has a land- fill of their own that they use? He questioned if those figures were combined? Soli,' Waste Director Fahey answered that the data was obtained from the City of Napl~s and the data identified both of those. He added that the City generates about 8/10 of a ton in house- hold trash and collectively Some 18,000 tons a year of yard waste which goes to their landfill. Commissioner HOlland stated that he is in favor of mandatory trash collection but he is not in favor of accepting this data as a method of arriving at anything. He indicated that he believes that the people that are here four months out of the year are not being considered, and that situation exists allover the County. He added that the figures have to be far more detailed, and the report is too confusing for him to be comfortable with. He added that he will vote for mandatory pickup, but he will leave it up to someone else to come up with something that is reasonable to explain as far as the rates and the areas are concerned. Commissioner Pistor pointed out that the rates will not be set until the Fall of this year and by that time the Board's concerns will be ironed out and the concerns that other people have expressed. He Page 11 .. .. .. >",~"·""'''''''i_",,,,"__ ; . June 10, 1986 asked why is there only one pickup in the rural section even though it may cost ~ore to do it, noting that the people living out there will generate as much rubbish per week as people living in the City? Mr. Dorrill answered that the recommendation by the staff is to maximize the mostly densely populated areas of ~he County and therefore the cost to the haulers to pick up the urbanized areas is much less. Mr. tusk added ',hat what will make this program financially work is to go to that once-a-week service in the far areas. Commissioner Holland asked whether from the information gathered from the staff, ~ssociated Utilities is suggesting that one additional route in each of the three service areas would be sufficient to handle the increase in numbers? Mr. McDaniels answered affirmatively. Commissioner Holland asked if from the report figures, service will be doubled with one additional route? Mr. McDaniels stated that it is his opinion that Yahl Brothers is essentially picking up all of the trash that is being generated within their service area, and he has made allowances for additional waste in making that recommendation. Commissioner Holland asked if Immokalee was estimated on a year- round basis or seasonally? M~. McDaniels stated that they estimated what it would cost for them to collect all the trash on a mandatory basis and they would need to add one additional vehicle. Mr. Bill Barton, Chairman of the Sub-Committee on Mandatory Collection, stated this Committee spent a number of months on putting together an ordinance that they felt was appropriate. He said that aoOK 095"n 21 Page 12 -~""""'-"".,'_'" .,",""..",.~...." ,..".,-_......,,"""'",-""..... ...--.~..,,-,..,"'"'''-'''''--'''._,_.~-_.~,_."- ~, ' 10 I~.,'" ~~':r " ...'1'-< i _:,~.;" ,. -''''' )\~;, "I.. 't'o lOOK fl'·, 'øt' ~"'" ti~' 095m;¡: 22 ',. (J I . , ,J' 0' n:.; June 10, 1986 tn~~~ primary concerns were illegal dumping, shared services and they recognized that the ordinance must be cost effective. The Committee, had a rate consultant review it the ordinance, not for establishing rates, but rather to give this Commission an initial overview as to whether the cost for service would go up~ down or stay about the same. He said that so·o.e suggestions the consultant gave were to have one municipal service area instead of three, and that the most fair rate is a user rate. He said that the Committee looked at a lot of aspects of this matter, and the ordinance before the Commission right now is basically sound and he sincerely hopes that the Board will consider the ordinance with favor. i' Commissioner Holland asked if every homeowner will be charged the . . . . I same rate, and Mr. Dorrill answered ~Yes,"lcounty-wide. Commissioner Holland asked if the County takes it upon itself to collect fees, wiil the County foreclose for non-payment? Mr. Lusk answered that the biggest problem with mandatory pick up will be the collection and any expenses incurred will have to be worked into the rates. Commissioner Holland said if the franchisees are going to handle the pickup, why not have them handle the collection, which is one of the possibilities listed in the methods of collection? Mr. Lusk said that will not change the problem, and the most feasible way is to have the Tax Collector do it. Commissioner Holland asked how are the franchisees going to be paid, and Mr. Dorrill answered that a monthly disbursement from the bills collected will be made to the haulers. ~~~;' 1\:· ',,~. ",' I~,)t; , ' ..., ~', ;~,;,. ~ " ~' Page 13 .. .. .. ""._,."______~,._,',..";"_=r____,__'".'.,.~"h__~__"~~"'.,,,·.___~,,'''___ Jí.' ,'" ~ Ó· " rJ~··:t ,~,: . ih'" . ,'5:,;','~, ~.<~'~!¡>,~ " ~i.· . ~ .....,.;.' ~,¡ June lO, 1986 Mr. Ron Markham, Manager of Yahl Brothers Disposal, stated that the figure of 1.1 tons of refuse generated per person, as shown in the report, is irrelevant to what is actually in effect. He indicated that the area located near S.R. 951 and U.S. 41, which has been designated as a once-a-week service, will be serviced twice-a-week because the are. is heavily populated and cannot get by with once-a- week, and the only cost differential will be in operating expenses. After a di8cussi~n, Commissioner Pistor stated that if the Board adopts the ordinance, which is a concept of mandatory collection, the rates will be decided at a later date. .;.".... Commissioner Voss asked Mr. Markham if his only objections to the ordinance were the rates and the frequency of pickup? Mr. Markham answered "No," that the other problem they have is the concept of setting the rate base. He added that he is in favor of mandatory collection and feels it is in the best interest of the County. After a discussion, Commissioner Voss asked again if Mr. Markham's only objections to the ordinance were the rates and frequency of pickup, and Mr. Markham said that his attorney will answer that. Mr. Frank Kowalski from the firm of Gillette, Pylon and Richmond, appearing for Yahl Brothers, stated that what Commissioner Voss asked is essentially correct. There.are, he added, some relatively minor changes that they would recommend., He,indicated that not only are they concerned about the rates, but also the mechanism by which rates would be established. He added that if the procedure for rate setting Page 14 6.ØOK 095FY.,f 23 _....,""'...'"u",.."'''..'''.,._."''''''__"'_...,_...'...~_.,,,.. ,,,_,,,,,_,,_,,,~~_,,,,__ IO~ 0954'Jï.t 2t j June 10, 1986 and the rates are looked at and both are considered in the context of the term "rate" Commissioner Voss' statement is essentially correct. County Manager Lusk stated that when it comes time to setting rates, if a company was able to show that the frequency of twice-a-week pickup would not cost that much more., the Fommission might then want to amend the ordinance to be able to provide the service and even staff would recommend that. Commissioner Voss stated that depending on what else is ~eard today, he is going to make a motion that this ordinance be passed with the rates and frequency of pickup being excluded pending further study. Mr. Bill Neuron with a law firm in Fort Myers stated he has spent suveral hours reviewing the ordinance as drafted and reiterated the the need for solid waste collection and explained why. He indicated that the whole key to implementing mandatory collection is going to be the fair share ðpproach and insuring an effective billing process. He said that whatever method is used for funding, whether it be special assessment service charge or whatever, that there is a funding mecha- nism that is able to be enforced, is cost effective in its enforcement and will provide a stable revenue stream for the cost of the service í being provided. He outlined in detail somo overall concerns for the Board's consideration; pickup frequency, establishing of municipal service units, current and proposed residential rates, implementation of the program, and billing. He pointed out that in the franchise agreements the method of reimbursement has to be firmed up to the Page IS .. .. .. -'.'~"'--"--_.'-"~'''''''''''''''''''"--'''.'~ ',....,.,""_......,-""'"._,¡.-"'._,,----"'""'''''''-". ",.._."..._,._,',.,----, ,.',": ", ,~;~ . June 10, 1985 franchise haulers and other technical points that have not been covered. He indicated that the ordinance calls for an exclusive franchise for commercial as well ðS residential, and the exemption procedure for commercial enterprise needs to be looked at as well. Mr. Lusk asked Mr. Neuron, considering the studies he has done, if he foresees that the rates would go above the present rates? Mr. Neuron answered that rates should not go above the current rates nor should they ~ecessarily go much below, depending on the factors of the individual community, the equipment needed to be purchased to serve the additional customers, he cannot give a one-stamp answer to thÐt question. Mr. Kowalski stated that it appears that the decision to establish once-a-week collection in the rural areas was done as a cost saving method without any data or study to establish what, if any, cost savings would result from it, and there should be a clear idea of what savings would be generated. He said that on behalf of Yahl Brothers he wants to point out that there is in existence, a contract to per- form until 1990, and they intend to perform well under that contract but they do not intend to allow those contractual rights to be abroga- ted; any changes made is a change that cannot be made unilaterally. He concluded by saying that the ordinance, the franchise agreements, I ! ' ~\ .' ... and the rates have to be looked at cOllectively by everyone. He indi- cated that if the Commission is going to consider adopting the ordi- nance today he has some amendments that he would like the Commission to look at, relating to pickup and frequency of pickup. Page 16 ~D01(095PJr.t 25 .,.,..><.,.'....""_.."'_..,..,.,.~.""',."'_.,".___,,,..~,_,..._.""".~.."'0"""'<"'" 1: f' f-\~ tf.,..,. . ,. ........ .. .~ I~'·\· r.,...,'. ..:~ " .·'1t!! , .'. (, ,:( 'm ·f' ti.. tf ii., ~,; , . / .,,~.." . 095mr 28 p.'. '.,., . June 10, 1986 Commissioner Pis tor indicated that the concept is what is being heard this morning, not the rates, which can be established or set in the next six months and the final rate structure decided when everyone is in agreement. Commissioner Holland asked when the ·the report from Associated Mr. Dorrill said that the Board received it 'J',':: Utilities was rp~eived? the same day as the staff and everyone else involved received it. After a discusslon, Mr. Dorrill stated that information relating to , is contained in the franchise agreements and not in the The fOllowing people spoke in favor of mandatory solid waste did not agree with passing the ordinance as pre- Mr. I. E. Evans .... Reoess at 10:55 A.M. - Reoonvened at 11:00 A.M..... Mr. M. Zewalk Mr. John J. Keschl Mr. George Keller Commissioner Voss moved, seoonded by Commissioner Holland and oarried unanimously, that the pUblic hearing be olosed. Commissioner Voss moved, seconded by Commissioner HOlland, to adopt the ordinance as written with the rates and trequency ot pickup being exoluded pendinq turther study and that the .atter ot yard trash be addressed and be brouqht back to this Commission. County Attorney Cuyler advised the Board that because of the changes that recently have surfaced and which are proposed to be Page 17 - - .. ,-..".",,'., _..-..~.~.·"",·~.,...~·..··.~"M'...h""'"',."",.~.,._, . _."",",..,,, .. ,., .... ·,,,,,,~,,,,,,,,".M;'";.__'_~~',",,._. ..,~ ., ,r4., ~t~_ , ,?ÇE~ .' ""1':.: ,~)ii .}i .i,¡,. . ~!. June 10, 1986 incorporated in the ordinance and/or the staff recommendations, that it would be appropriate to have the ordinance readvertised to incor- porate those things within it. Mr. Oorrill stated that at the time the ordinance was originally advertised back in March, it was stated that there would be three benefit units, and one benefit unit is now being proposed. He added that the Board's motion should be to approve in concept the ordinance with the amendments discussed this morning and to authorize the staff to bring back te· the Board the additional agreements, amendments to franchises and agreements to do the billing and a proposed fee at the same time when the ordinance is readvertised. Commissioner Voss withdrew his motion and Commissioner withdrew his second. COllllllissioner Voss moved, seoonded Þy Commissioner Goodnight and oarried unanilllously, that this COllllllission be on reoord as cOllllllitting itself to the principal of lIIandatory solid waste pickup and that the staff Þe directed to revise the ordinance in accordance with the discussions today and Þrinq back to this Board a revised ordinance which will include rates, frequenoy of pickup, numÞer of d~stricts, and what to do with yard trash. Ihlll '6 .,.. {" . -. ':' ~ ,,: I 'f , . ,. ; r '~ .' " " fl' \ f ~ D:ISTRICT BIGHT ALCOHOL, DRUG ABUSE AND MENTAL HEALTH 1986-87 PLAN _ ADOPTED Mr. Ceorge Fraser, member of the HRS Alcohol and Drug Abuse Mental Health Planning Council, District 8, stated that the Board has been &OOK 095~r;¡ Z1 Page 18 -~-,.;,."""'"""~""' ._.. ."'~'''''~~~'''''.'''''~_'''''"''''''',""",__ ',' '0'''''' "....,. ~.",,","",.,__'''"' ~"--~"'-'---"''''''-''--~''''''''''';-'-' , 095"r-t 28' > L:~ ::i June 10, 1986 provided with a regional plan and it has been to Tallahasse where it was reviewed. He indicated that the Board's signature is needed on the approval of this Plan. He adde~ ~hat :t does not commit the Board to anything, it just states that th~ Board has reviewed the Plan and the Board knows what is supposed to be done. () ',r ~t ~ ! . ;'. '." .' ' Commissioner Voss lIIoved, seconded by Commissioner Hasse and oarried unanimously, that the Plan be approved as sUbmitted. :It8111 . 7 , , RBSOLUTIOX "-1'1 ORDERING AND CALLING A REFERENDUM RI :INCORPORATION OJ' MARCO :ISLAND '-ADOPTED ~ Assistant County Attorney Weige~ ~tater that pursuant to State law and requirements of the Office of the Supervisor of Elections, the proposed resolution provides for a referendum election to be held November 4, 1986, for the question of approval of the Act passed by the Florida Legislature, also known as House Bill 1069. COllllllissioner Voss .oved, seoonded by Commissioner Hasse and carried unanimously, that Resolution "-101 orderinq and callinq a referendum election for the purpose ¡of sUbmittinq to vote of qualified electors the question of incorporation of Marco :Island be adopted. , .; " ,': .1 .. ¡ r ¡ :'~') Jf. .. , , ; r..'"; :'1 ,- ~.¡ . paqe 19 - - .. '---..-----,--"'-~-"~._><"',',-'"",...,,..,' ,.' -...."'"--,.".~.~,. )',1 '<:~'r, /t ... " JUDe 10, 19845 Ite. .. ORDINANCB "-24 RE PETITION PDA-a'-2C, W. J. JOHNSON, INC. REPRESENTI~G PATRICIA S. AND PATRICK J. LONGE, REgUESTING AN AMENDMENT TO THE PARK SHORB UNITS 2 AND 5 PUD - ADOPTED Legal notice having been published in the Naples Daily News on May 9, 1986, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition PDA-86-2C, filed by W. J. JOhnson, Inc., representing Patricia S. and Patrick J. Longe, requesting an al"",ndment to the Park Shore Units 2 and 5 PUD, to allow a mixed use of single-family and mUlti-family residential structures in Block 38, for property located in Section 16, Township 49 South, Range 2S East. Planner McKim stated that all the surrounding lands are zoned PUD, which is Park Shore Units 2 and 5 PUD: to the northeast and south of the property is water, to the west is a high-rise condominium. She "aid that the existing PUD allows 33 multi-family units or 5 single- family units, and the proposed change sets forth a comparable maximum density for a mixture of residential unit type, so they can put both single and mUlti-family residential structures on the site. The mix- ture of these unit types, she added, is compatible with Park Shore PUD. She added that the staff and all appropriate County agencies reviewed this petition and have no objection to its approval subject to amendment of the PUD document per the staff report. She indicated \~ . that the the Collier County Planning Commission held their public hearing on May 1, 1986, and recommended forwarding this petition to " j " &1I0t(, 095~ 33 Page 20 ~."- "......"""...;"'..,,........ -""'....."·'....-"""'..~..".....~·'H....._ -·"'..'Oc ."..'""'..,,.,~,..........~...,,.._...'........_,.~,,._"~..._., ,__ A ... 095rr;¡ 34 J ì¡ .... , June 10, 1986 the Board with th~ recommendation of approval subject to the staff stipulations; at the meeting two persons spoke in opposition stating concerns about the parking availability, 3 letters of opposition have been received stating traffic and parking concerns. She concluded by saying that the recommendation is that it be approved according to CCPC recommendations. Mr. William JOhnson, representing the petitioner, stated that the substance of thu requested change is very small, and he thought it might be appropriate to address the matter of parking. He indicated the people who opposed it were responding to a summer of heavy traf- fic brought about by the beach access compounded by the fact that there were two major construction activities across the street from the site, which further aggravated parking, but that the reality is that the reduction in density of the site will reduce any dema~d. Tape '6 Commissioner Hasse asked staff if they approve of 33 units on the same parcel that could have been used for five families? Planner McKim stated that the way the PUD reads at present it is limiting this block to either 33 mUlti-family or S single-families and that is the way it was written and approved, which is Blocks 13, 14, 15, 36,37 and 38 which includes the subject property~ But, she said, it does not allow the mixture. Commissioner Voss moved, seconded by Commissioner Hasse and carried unanimously, that the public hearing be closed. , I .::!. ; Page 21 ':1' - .. .. --_'...._""'~"."'""''''..............._40-..,,<~'''''''_~..,'' "'""'.'__""'."_ '""''''-''- June 10, 1986 Commi..ioner Vo.. .oved, .eoonde4 by Commi..ioner Holland and carried unani.oU.ly, tbat tbe Ordinanoe a. numbered and entitled below be adopted and entered into Ordinanoe Book 23 and tbat tbe Petitioner'. Aqreement be aoceptedt ORDINANCB 815-24 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NUMBER 78-29, (AS PREVIOUSLY AMENDED BY ORDINANCE NUMBERS 82-98 AND 85-44) WHICH ESTABLISHED THE PARK SHORE UNITS 2 AND S PLANNED UNIT DEVELOPMENT, BY ADDING SECTION e.l, BLOCK 38, ADDITIONAL SPECIFIC PROVISIONS, UNDER ITEM IV, SPECIFIC DEVELOPMENT AREAS: AND BY PROVIDING FOR AN EFFECTIVE DATE. ~,;., .. -.........-.,. I '.... ~ j ()~r· ...... ~.. , . "-' ~ , . r ,I i. ~.. \, . , I'"~ ,> "" .. "f- ......1._:.,.f '- " \, , ' \ ;,' '. r ~ I ,¡ , ',. 1;' ~';;. (' J, t,¡ :.. > ,-'~ ,; 1:;;_ ¡! \ I: . t " J : J ~ ' ( ;. I , . -' i; . ,; ,.'. ! ¿. ! J j , L;. . f. ' ; ,'. P~' ;. ,"': ;.' 1 I ,. ,!". 'j. "-';", '" ~., .,;'~:I·:X '11;. ".1f"iJI;~ ~ ·~·."1 V~i, ,. f r~¡'-'< . ¡r,~ :~,fr -,.,Ì! C'f ~~'1rT :~"-' ¡ \ I, hI: l:fI (^ II ,- ...'...' ~'l:'hfi.Xi:¡~ ;' lOOK 095,A"£ 35 . '·',1-···· '¡!I·¢¡"~"!' ~ iI~t: . '¡,f , .' d,'f;""" ' h ':"'<"';'; \;:~:':,:~' , ' ",' :.ü'.';,~..:.""-",,,,-,,, ,~.,~¡",":,,,i.,.. :~:....~'";.;;". ,.... .', '," ~-, ',ft,> . . .,':" ....,.... -~"--~.~."_.,, ""'".""'''''~~'''~'''~,......."". "'",--",,,,,,-,,,---,,,,,""",~,,,,.~,,.~.~,,,,;; ,...,". -<·'~_~_______,._,,,,·";C".'. ~~"--..",......,-,,,...~..,--,,,.._,,.,,'",,,...,.,,., ."".,,,..,.,,.,.,~.,. .,..... ,', '. Page : \'ji!;. , ,.:-.:r' '{1'.~::-¿:,:. .\' -¡~' . It. " ....::..?' ,.,... 'TIel' ,,\f'f ~¡~i'; . ';", Þ,i.$,.' ' '~.~..,J: . June 10, 1986 Itelll " DISCU8SIOR ON RE~INANCING O~ BONDS. PROPOSALS FROM ONDBRWRITERS TO BB RECEIVED AND BROUGHT BACK TO THB BOARD ON JUNE 16, 1986 Mr. Dave Fischer, President of Fischer, Johnson, Allen & Burke, financial advisors to the County, stated that he was unable to refund some bond issues at lower rates aChieving a good savings; the interest rate market wen~ from 7-3/4' or 7-1/2' to 8' and deteriorated rapidly mid-week just as approvals were being obtained from the insurance agencies on insuring bonds, by that time the market had deteriorated to a point wherl' the savings really did not make a good refunding. He said that in talking to the underwriters, PaineWebber and Smith-Barney, it was decided to wait for a better market at a later time, which can be done either before or after the tax, bill, and it appears that this type of refunding may be available after the tax bill. Commissioner Voss asked what happens if the'rates suddenly become favorable during the period the Commission is on vacation? Mr. Fischer stated if the market approached those parameters again, they can go into the market and successfully market them, come back to whatever Commissioners are available at the time and show that to them for their approval. Commissioner Voss said that there would still have be three members present, and Mr. Fischer answered affirmatively. , Commissioner Holland asked would not the Board have to designate someone to act on behalf of the County? ,.:.,~. lOOK 0951'J~.{ 37 Page 23 -""_._.."_.",....-"-_..,.."'~.,,.....,._'''__.,' ,.c_,·.".,..._,,,"....-...,,""'_"'...-+., "·-,~·_"""",..,_""_,_,_...._,4'''"...·~'''_''''.d'~''·~,,·,'''''''~^'",,....-."....,...".'0.."....".'" :}~~~,' r~ ' ,h,,, ·,~t ,If: {'" 1. .'" :" .>~.~: ~, 'i"" · !,~!.~.. 8 Ii ~> k:' 'OOK 095 '1~[ 3S June 10, 1986 Commissioner Voss asked if the Board can set a target and say that " r I \'~ ¡¡'Ie ,. , . the County Attorney has automatic approval if the market reaches that target? Mr. Fischer answered "Yes," but they have to have a bond purchase agreement approved by the Commissioners, and there must still ¡be;three Commissioners availa~le. County Attorney Cuyler concurred. Commission·r Pistor asked Mr. Fischer what his recommendation was with respect to the instructions that he needs? Mr. Fischer stated that using the sales tax refunding as an example, if it achieves a million dollar present value saving then ~he others will achieve their I , objectives also. If they go into the market to achieve that, he added, that will take about a 7-3/4 or less interest rate to achieve, then they will come back to the Board for approval. Mr. Fischer further stated that he wanted to touch on the subject of how to finance major capital improvements to the utility system over a period of time over the next three years. He said that paineWebber has proposed an idea to Mr. Lusk, and copied him, and it is something the Fischer, Johnson has been doing on a different scale but it has a very interesting concept: a type of pool financing whereby Collier County could come with an issue and decide how much money they would need over the next three years, and issue very short- term, low rate weekly obligations at around 4.2\. He said that the money is invested at 2-1/2\ higher, which is arbitrage. He said that after three years, an estimated 2-1/2 million dollar incom9 is generated which would pay for all cost& and still have the low rate Page 24 - - - --""'"'-"~"~'''''''''''''''-''--'-''''-'''''_.'''''''''''''''''''''~''''.'-"""",",,--~_.-.. _·_..·.u"._...____.".............,........__ June 10, 1986 floating for capital needs. He added that he has done eight of these on large volumes for pools of hospitals, and it is good for a county with rapid growth and un-met capital needs and it has a good chance of working for Collier County. He pointed out that he reviewed it with Mr. Giles and Mr. Lusk, and he suggests that this be investigated because it could be good for capital needs over the next three years and worth quit~ a bit of savings to the County. County Manager Lusk explained that to do a million dollar project today and go t~ the bond market, ten million would be borrowed to cover the cost, but by being part of this pool, only nine million would be borrowed: in other words, there would be no cost on a project because the cost is being absorbed through the pool. Commissioner Pis tor asked where would it be borrowed from? Mr. Lusk answered from the pool that has been set up, and the cost of the pool is being paid for by the interest it is earning which would be a guaranteed 2-1/2' above the costs. Commissioner Voss asked if $50 million is borrowed on some bonds, do not the bonds have to be backed up by something? Mr. Fischer answered only when it is drawn out: it sits there backed up by the u. S. Government, or a guaranteed contract, just like the solid waste is right now and the day it is drawn out, if it is for a utility pro- ject, it is backed up by the water and sewer revenues, just like the bond issues. "." i' . Mr. Fischer pointed out that if this pool has not been set up prior to September l, 1986, or the passage of the tax bill, which may Come before, then it cannot be done. NM 095""r.r 39 Page 25 ·~..._"',_.........."'_."..,,"'<i',·....~.ò,"<·<=""·_..,..,.""~ I; ~'r" . ;ij ~:~ , \'II, e 095pj1'f{ 40 I'~,~~ ('~'~:J t.. t.. i ,.'_ I .~ " ,~ June 10, 1986 , Mr. tusk stated that the 2-1/2' is guaranteed by the underwriter, so that if the investment earns less than 2-1/2%, the difference would have to made up. If it makes more than 2-1/2', he added, the underwriter gets to keep it. ,~ r,' Mr; Giles asked what happens if the County does not spend the r-' money within three years? Does the escrow agent cash in the invest- ~~ ment an~ payoff the bonds? 1;".. '~ot. ~.:...... Vf Commissioner Voss asked what about the three years versus the six fi!. !~I," ~,' Mr. Fischer said that they mayor may months? Mr. Fischer stated that in those three years the money can be invested in anything, three years from th~ draw dòwn; the new law says there will be only six months to do that. In answer to Commissioner Pistor's question, Mr. Fischer stated that the 2-1/2t has to be guaranteed and different houses can be con~ suIted to get the best deal. Mr. Giles asked why 2-1/2\ was selected, and Mr. Fisher answered that 2-1/2\ seems to be what the investment banking houses can guarantee safely. Mr. Giles asked if perhaps the County should participate in an amount over 2-l/2\? Mr. Fischer stated that that can be explored. He added that this will be care- fully scrutinized by the insurer. Commissioner Voss asked Mr. Fischer what action is needed from the Board today in order to go ahead with this? Mr. Fischer stated that he would like to explore it further, maybe sit down with Mr. tusk and PaineWebber on Monday afternoon and really examine it and bring it . ¡i Page 26 - - - _'.._·..,<_v__....~_ --,..-" .,O··'"_;.....__,.~"''"',··;.·..·,'',..,,;'"''':...''k;,'"....,..,__~ - June 10, 1986 back to the Commission next Tuesday. Commissioner Pistor suggested that the meeting with PaineWebber should take place on Friday and report to the Board on Monday, and Mr. Fischer concurred. Commissioner Holland asked if other investment bankers provided this service? ~·r. Fischer answered that there are five investment bankers that do this type of financing. Commissioner Holland asked if was not wise for Mr. Fischer and a representative from the County to deal with the laat three companies that the County had dealt with to see if any of them come up with a better deal? Mr. Fischer stated that the idea is basically identical, but as far as price competition, that can be done. After a long discussion, Mr. Fischer stated that because of the time constraint, an investment banker should be on board by perhaps next Tuesday. Mr. Giles stated that proposals should be obtained from the most recent top three underwriters to be presented to the Board. Mr. Giles asked Mr. Fischer what other consideration besides mana- gement fees should the Board ccnsider? Mr. Fischer answered "expertise". COllllllissioner Goodnight moved, seoonded by COlllllli..ioner Voss and oarried unani.ously, that Mr. Lust, Mr. Gile. and Mr. Fi.oher ..et and bring a recommendation to the Board on Monday, June 16, 1986, on the refinanoing issue. I ."" ~ r t. ~~,,' ',; , ~ { 1: '} t·,'j \..1,·,l:'; : ,n;PL }'.;'j':n ("1:1',.:, ,;'i l.I!:'·_~ ~ r¡;'<· ~?' .j ~'r,~~}, n¡-~ tH~' , .'~t/fL;:' i~~C l~~; < ~ . . .... -.' m; U95~ 41 Page 27 ..----,-_.,-"'~"'...."'."........~- '-.._,",,, ,",,"..~~,,,.",,,~..,._--.,... ""-~'_"'i"""'____"__'"'''''''_''''''''"''<-'''''''"'''''__'''''~''''';'''"'''"".. ) -,. ; 'IlK 0951'.t':I 42 , ¡ ¡ \ June 10, 1986 It_ 110 RESOLUTION el-102 RI PETITION V-el-I, DORSIE WHISMAN, RlQESTINQ 12' VARIANCB FROM THE RlQUIRED FRONT YARD SETBACK FOR PROPERTY ON THE 80UTH 8IDB OF 8EABREEZB AVENUB - ADOPTED Legal Notice having been published ih the Naples Daily News on May 25, 1986, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition V-86-6, filed by Dorsie Whisman, requesting a 12' variance from the required front yard setback of 30' to 18' for property located on the south side of I Sea breeze Avenue approximately 900' east of Gulf Shore Drive, in Section 29, Township 48 South, Range 25 East (North Naples). Planner David Weeks distributed to members of the Board a revised site plan and pointed out that a breakfast nook has been eliminated and a bedroom is now a utility room. Planner Weeks stated the subject property is zoned RSF-3 and is located at the end of Sea breeze Avenue which is on the east ~ide of Gulf Shore Boulevard, adding that the property meets the minimum lot area requirement of 10,000 square feet and the petitioner proposed to build three additions onto the existing single-family residence, all of which will encroach into the required front yard setback of 30 feet. He said that the proposed garage will encroach the farthest _ 12 feet. He indicated that the residence, which was built in 19S8, has a front,yard setback of 18' at the closest corner, which is a 12' encroachment and a side setback of 7.4' which is 1.2" encroachment. These setbacks, he added, ara legally nonconforming; the Code was .' Page 28 .. - - "--- -_._-''''"....~.,"'''''''".^~~''"- - - -- June 10, 1986 changed to require 30' front setback long after the house was constructed. He said that despite the fact that the house is irregu- lar in shape, staff is of the opinion that a genuine land-related hardship does not exist. The eXisting residence, he added, has allowed a reasonable use of the land since 1958, and it is the peti- tioner'S choic~ to build the proposed additions. He indicated that Section 6.l0a of the Zoning Ordinance prohibits the enlargement or alteration of ~ nonconforming structure in a way which increases that structure's nonconformity; this does not mean that an addition cannot be built on to the house, simply an addition could not be built on to the house that would encroach upon the required setbacks. He stated that Section 11.lCb)4 of the Zoning Ordinance states that the Board of Zoning Appeals shall consider and be guided by the fOllowing standards in making a determination on any petition, and there are a list of six criteria: in essence what staff is saying is that there is no hardship here, a reasonable use of the land presently exists, and additions can be made as long as they do not encroach into the require~ setback. He added that the staff recommendation is for denial and the petitioner is present. Commissioner Hasse asked if the change of plan makes a dífferenc~ and Planner Weeks answered negatively, adding that the garage will encroach 12' into the setback and that has not changed Commissioner Voss asked what the petitioner uses for a garage now? Mr. Weeks stated that he is uSing the driveway. Page 29 &001( 095~f[ 43 .- > ~-_""''"--,~-,-- y ---~<""'"-_·___~""";_'';'__'_''''''t_''''''~·'"''·'·''·''''_ aOOK 095 ~~Ç{ 4( . \::1:.: June 10,'1986 Mr. Dorsie Whisman stated that he b~ '_ht the house a couple of months ago and there is no garage, and a 9, r-~e is needed when living close to the water. He said that the street runs dead-end right into the dock. He indicated that the house as it sits on the lot, it is hard to get a garage on it. Commissioner Jasee .!!eked if the gar.!!ge could be brought further back to the house? The petitioner answered that it could just barely, but' the pal~ tree would have to be removed, and also it would hinder the neighbor's vi~~. Commissioner Voss asked the line from which is shown thé 18' set- back to the edge of the corner of the garage, is that the right-of- way? Mr. Whisman answered affirmatively. Mr. pettrow pointed out that the petitioner does have an alternative location" and this is a legal nonconforming structure and he, is intending to add to that structure, if a variance is approved and a building permit is pulled for that addition, a deniAl will have to be exercised under Section 6.10. He said the petitioner would have to appeal and come to the Board. County Attorney Cuyler stated that this has been discussed before with regard to variances and ho~ they apply to nonconformity, and this would be an exception to the general premise that you cannot increase the nonconformity of a nonconforming structure. He added that he would have. to take a close look at it, but he does not think it will apply in this case: a variance is different than the other Page 30 ....... - .. ..' "---,,-_.._-,-'"....."",.,.._,._~,.,., .,.,...~...,,~~---"-~.." ........__."'~..>~~"".,,,..-_.,,'""-~,,.,,,.."'"'.~~"......"'...- 9.';' June 10, 1986 considerations. He stated that the Board has the authority, depending on the merits of the cas., to go grant the variance legally, assuming that the other elements of the variance are met. Commis.ioner vo.. moved, .econded by Commi.sioner Holland and carried unanilllously, that the public hearinq be closed. COmlllissioner Voss .oved, seconded by Commissioner Holland that aesolution 8'-102 re Petition V-8'-' requesting 12' variance trom the required front yard setback ot 30' to 18' be adopted. Commissioner Goodnight asked if the Board approves this variance, is the petitioner going to be allowed to have a bUilding permit? County Attorney Cuyler 8tated that if the Board wishes to grant this petition, it can, and if he finds Some legal problem then it can be brought back and inform the Board, if not, it would proceed under the usual channels. Commissioner Has8e stated that he sympathizes with the petitioner, but he is not satisfied with the fact that zoning ordinances 'are con- tinually b~ing set aside. Commissioner Voss stated that laws or rules cannot be made that are applicable throughout. Commissioner Holland stated that the petitioner in this case has a house that was built in 19S8 and, at that time, there were no zoning requirements as far as setbacks are concerned. ,!{_:,n", , .. : "", , ;¥¡;:' ·f;~ .';1"".," Opon call for the question,' the vote was unani.ous.' ( ',.:",:f!",,;' .' .,-":'.; " i t, f; t :"~' . , ., ,''';'; ;.J;;' ( -: "'J rr.' , '\'1 ~':~~'ri~":'~:~ l."-'i1;'!rt.f'..'~~~ i I ,~.,- ,q " ;;:: 1'( ((\!!rt),J.t.fìHt '";.u "1,: "¿ . ft," i ;'; r' J"Lf"" !~~tJ: f:(d1.Ur. ".. '~ ~ (: f. t 'i:~.:J \11 (,¡:t:'1nr~r ~'-, . Page 31 .anK 095h~ 45 . .. :¡..'< 10' ; ~',~..-i: t,Of 03:1~; ': e '·~~,-"-'__"_""'_""'''''''''.b''''".~.·,,,, .,..,"., '. 'f"< t:i' fl'...,~:,.":",.,,a.. 095PaGt 48 It JI'" ,,~ t. ê~~f> })I' f':·",',.. '.;/ " June 10, 1986 It_ 111 RESOLUTION "-103 RB PETITION V-"-7, GBRALD BRYNJULSON RBQUESTING A 4' VARIANCB ~ROM THB REQUIRED REAR YARD SETBACK FOR PROPERTY LOCATED AT THB END OF HERON COURT (MARCO ISLAND) - ADOPTED Legal notice having been published in the Naples Daily News on May 25, 1986, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition V-86-7, filed by Gerald Brynjuls~n requesting a 4' variance from the required rear yard setback of 25' to 21'. Planner Weeks stated that the petitioner's objective is to build an addition onto a single-family residence. He added that the subject property is zoned RSF-4 and is located at the end of Heron Court which is a cul-de-sac. He indicated that the property contains approxima- tely 12,000 áquar~ teet, and the RSF-4 District minimum lot area requirement is 7,500 square feet. He said that the existing residence built in 1970 meets all setback requirements, and the petitioner pro- poses to build three additions onto the existing residence, which he purchased in April, 1986. He added that the proposed bedroom addition will encroach 4' into the required rear yard setback of 25 feet. Despite the fact that the subject property is irregular in shape, he said, staff is of the opinion that a genuine land-related hardship does not exist. He said that the existing residence has allowed a reasonable use of the property since 1970, and it is the petitioner's choice to build the proposed additions. Also, he indicated, this is a large lot with adequate space for bUilding additions, 'and '{ t 'ðþpea~s .' ," ¡r'¡;:, 'j ;" ,f , " .. f " ~'. :,' ¡, :' -: ; fC:' ~q'r"i,rl :;', Page 32 , , :;1. r -q .. .. .. .....~,.~........,~~"".......,.....~,."._"--""., -"" ,~;~~;i. r~:' ~;¡; "Z?t,;, '. June 10, 1986 ~t" ~!¡;,; 0Ø~ that the petitioner could make design,changes that would permit the bedroom addition without encroaching upon the required setbacks. He pointed that the Zoning Ordinance criteria from Section 11.1(b)4 are outlined and the staff finds that there is no hardship, a reasonable use of the property does exist and additions can be made to the pro- perty and possihly the ones proposed with the design changes. He concluded by saying that the staff~s recommendation is for denial and the petitioner is present. Mr. Gerald B~ynjulson stated that his request is based on the fact the master bathroom is very tiny, 4~7" across, and there is no room for expansion. He added that there is an original door leading to the outside which is 21" wide. He said that he wants to expand the bathroom and in order to do that it encroaches on the bedroo~, and to get more room in the bedroom it has to be extended out; in dOing this one corner encroaches on the 2S I, ,which is a very tiny area. Commissioner Voss moved, seconded by Commissioner Hass. and oarried unanimously, that the pUb1io hearing b. closed. Commissioner Voss .ove, seoonded by Commissioner Hass. and carried unanimously, that Resolution 86-103 r. Petition V-Ø6-7, requesting a 4' variance tro. the required rear yard setback ot 25' to 21' be adopted. .' p':~: i-',:r~ P" ;.; ,:'1, ¡" Ir,nr!" ' :'f''': ::n~'J r tF'.-:" ,,';' . ~ I',' "!,!,·,*,.r..t;;~~~· r.. "tf:¡'i'):~ ';~ ~J"') ¡'r~; ~ ! r i' : !:;- J' I ',:; (,:l1tn, (;Ii "(Qu';'Jt T.j r ;.......3"'..J loC_ i: f'I :-~, r, ,,.h;r ',I , ; ! I,:~ ("I" ~r ri ~-, .,;, I 'I.', l :/f': l;! r. ~),,""(' x. t':) " I) r ~ ;' ç, ~, I' / " ~' I;'! f L Page 33 NOK 095fJ?: 4.9 I( ", ,~. - in.:, ; . ::. aD! ' fH, :1.. I'; :U~ I",,;~~~' . -"'.....·"~"~""""_~".._...,.....""._.,,""""_.._w,,,,.,;_'''_.~,,~.,'''... ,_" , ...------------....;...."",""',""....,.."""..'''.. 095n~ 52 June lO, 1986 ..... aece..1 12145 P.M. - aeoonvenedl 2100 P.M. at whioh time Deputy Clerk xenyon replaced Deputy Clerk Ruis .A... Ite. '12 8~A7P TO ADVER~ISB PUBLIC REARING RE TERMINA~ION O~ CONTRACT WITH FOCA. RESOLUTION 81-104 RE CDBO ACTIVI~I!S, "-105 RE AMENDMENT ~O 1983 CDBG, "-101 RE CONTRACT WITH AB2MT, CONSULTANTS, INC. - ADOPTED Community Development Administrator Mullins stated that the objec- tive of this item is to further resolve matters between Collier County and the Florida Department of Community Affairs and the ultimate clearing by the State of the two remaining Findings: to bring Collier County into compliance with State, Federal and contractual require- ments; and to restore Collier County's eligibility for future funding. She slated that efforts continue to resolve matters identified through the Community Development Block Grant Monitoring visit conducted by DCA on August 6 and 7, 1985 and the Rental Rehab Demonstration Program Monitoring visit conducted by HUD on July 2S, 1985. She noted that DCA's official monitoring report was received by Collier County on October 26, 1985 and the report identified concerns and findings. She indicated that concerns are potential problem areas which, if not corrected, may eventually result in noncompliance with Federal, State or contractural requirements, and a finding is a specific non- compliance with Federal, State or contractual requirements. She stated that formal written response from Collier County to DCA were made on November 12 and 25, 1985, and on Fp.bruary 3, 1986, Collier County received official notification that the County's response ¡ r~ "'!I~ . , ( ~' : ( ~. C I " . Page 34 ..., .. .. .. June 10, 1986 satisfied DCA'. concerns and two of the five findings. She noted that at this time two of the findings remain unresolved, which are Finding Number 1 and Finding Number 4. She indicated that on May 22, 1986, Collier Cou~ty received an official response from the DCA concerning the resolution for Findings land 4, which indicated that it is the Department's opinion that the reconstruction of the new housing units we>! en ineligible CDBG expense, but that Finding Number 4 can be cleared providing the County ,assures the Department that the repayment of the loan on these units will be utilized for an eligible CDBG activity and urges the County to expend these funds on low income housing within the County and to document usage of the recaptured funds by adopting a resolution. She reported that with regards to Finding Number 1, milestones, the DCA stated that this would be resolved when the County make. a final determination concerning the remaining grant funds and the time frame in which these funds will be expended. She reported that the letter of May 22, 1986, also stated that Collier County must respond to the unclea~ed findings within 3S days f~om the date of the letter, which would be June 26, 1986. She indicated that . . \ . in order to resolve the two findings, ,to bring Collier County into compliance with State, Federal and contractual requirements, and to restore Collier County's eligibilit~,for future funding, it is recom- mended that the Board follow th~ Staff recommendation as indicated in the Executive Summary dated June 10, 1986. ~ap. fa ", I; t';;: r ,;"1;' : I" " , '~ . . ; ( : &OOK 095PAr.[ 53 Page 35 ---~."....",,,,-,..,...,.-;._.,,,-,,,,,..."~-_... I ~..___..,-"~.,,..,__,., '.'-.----...----'" J \~ fi' !", '. ,~,' .." Ilf...",~,'.'," .~ , ,~ ~~f.; .t, ø~ II, ",jo'i ~, ," k , f~,; :i:!:', Vi ~~;;, f' "',~.".','," . "'~'" r'f ' ,,[,,-: , ,'- '.J,~'?;, :Jr".' ~~.~~ " ''''-·--,·..,·.·,'''''·".'''',.".o,·,,·,,·....,,_...,..,...·...."''e..__.M","___..__ IIn 095,a',£ 54 ~ ; Jto t't" ~. t 1il< June 10, 1986 Commissioner Pistor stated that this problem is being handled in the best manner possible by Staff, adding that it appears that there is no way that the County can spend the money according to the milestones in the time allotted 80 in order to clear this matter up, the best thing would be to return the remaining money of the Grant and start new. Commi.sion Voss .oved, seconded by Commissioner Hasse and carried 4/0, (Commi.sioner Holland not pre.ent at this time) that Staff be directed to scha1ule an adverti.ed pUblic hearing of the Citizens Advisory Tast ~orce to consider and vote on termination of the contract ('84LG-53-09-21-0l-H34) between Collier County and the Plorida Department of Community Affairs and that the re.ulting reco.- .endation be forwarded to the Board for action upon the Board'. return fro. their scheduled vacation in late July as this action addre.ses and furthers the resolution of Finding Number 1. Commissioner Hasse moved, seconded by Commissioner Voss and carried 4/0, (Commissioner Holland not present at this time) that Staff be directed to inform the ~lorida Department of Community Affair. of the County'. immediate pursuit of termination of the County'. contract with the Florida Department of Community Affairs and that such action i. in compliance with the State'. request that the uncleared findings must be responded to by June 26, 1986. Commissioner Goodnight moved, seconded by Commissioner Voss and carried 4/0, (Commissioner Holland not pre.ent at this time, that : ~ j Page 3' - - .. --'''''~'''''''''''''&~-"'---- .-.1, . ' , , , I: :." , .., '. r ,,;; .'" ¡¡" June 10, 198' .e.o1ution "-104 a..uring the Florida Department of Community Affair. that the repayment of the loan on the newly oonstruoted unit. will be utilized for an eligible CDBQ aotivity and that the County oommits to expending these fund. on low inoOllle hou.ing within Collier County be adopted, whioh will resolve and olear Finding Number 4. Commissioner Voss .oved, seoonded by Commissioner Hasse and oa,rried 4/0, (Commissioner Holland not pre.ent at this time) that ae.olution .'-105 approving an ..endment to the County'. oontraot with the Florida Departaent of Community Affairs as recommended by the Citizen. Advisory Task Force extending the termination date fro. June 12, 19.', to September 12, 19.', be adopted. Commissioner Hasse .oved, seoonded by Commi..ioner Voss and oarried 4/0, (Commis.ioner Holland not present at thi. time) that aesolution .'-10' authorizing the Chairman to execute the ..ended Contraot between Collier County and AB2MT Consultant., Ino., providing for deletion of aotivitie. not related to the County'. oontract with the Florida Depart.ent of Community Affairs and providing a limited extension for termination of .ervice. rendered, be adopted. " , !'" '~ :..tt;·c ", .':- ' : .: ! "'! c. t{j;1, 1" f r ¡!tI ... ,', I ,'-':,', t~Jr; ff"lr! ,..~Jl,r ,h¡J":. '.. '. '1r'; : ~, t.· i ¡ ( 1. ',': { {. (1 '¡'f.! {~'" tLrl'V!¡~"i;.!.J \.,¡ . ,j ~~ t l! ~... . , ':. r; ~'. Ht,'r0.. ~!~., \;(,~,;, . " " ~~ L'; t. t. f .- [~ ~ -,;';11' ¡; t f J' (P;;' ~ 1,.f}·Jr.,,~a'Hr Of c'g~p;:!:: [r'J. 'H; t, .f: . ô'r :;: ')::, \ . InK 095~ 55 Page 37 '~(:1 ,1, tL~~ /.:\. oa2'~ ) ~ : n1: ""___v_~"".",,,,,..,,,,,_",,,~____ ".,.'''''''''''_..__.'_.~~........_ .. ---'-""- "~"'~.'_-'-"""""-,,,,,-.,...,",,.",,,.,..,,,,,..,,...,.,,,,~"-.^..,.........- i~ ~.'" 095"" 66 b't n.. 113 , ., ¡, 1· ~: , June 10, 1986 ¡ ¡ MARCO ISLAND COMMUNITY PARIC RBNAMED ~AANIC P.: HACKLE JR. P^RIC . ! Public Services Administrator O'Donnell stated that this item is to consider renaming the Marco Island Community Park to Frank E. Mackle, Jr. Park. He noted that the Parks & Recreation Advisory Committee contacted the MackIe family to find a suitable name for the renaming of Marco Island Park, adding that the MackIe family recom- mended to the P~rke & Recreation ~dvisory Committee that they prefer the name to be Frank E. MðCkle,' Jr. p~rk whi~h has been approved and ! ~ t recommended to the Board by the Parks & Recfeatlon Advisory Committee. i , . I . Commissioner Voss stated that he ð, oes nit believe that parks or . / streets should be named after living p~Ple¡ Commissioner Pistor stated that Mr,' MackIe has done so much for Marco Island and the County and now that he has become relatively inactive, he feels that it is recogn~tion ffr all that he has done. II I Commissioner Hasse moved, second~dlbY Cfmmissioner Goodnight, tha~ Marco Island Community Park be renamed Frank E. Mac~le, Jr. Park. Commissioner Goodnight ~uestioned if this piece of property was donated by the MackIe's, to which Co~issioner Pistor stated that Deltona donated the property with Mr. MackIe's approval. , , , Commissioner Goodnight stated that the piece of property that was . ,! donated in:ImiiIOk~1.ee was donated; by rar He1th and that property will be named Sam and Alma Heath's Commun tt Pa'k, which was part of the , ¡ f understanding when they donated the ~roperçy. She stated that under I I f I I : , I f I ! J I' Page ; ,3 ..¡ .. '-""--"'~""~..''''''''''-""'''''-"-,",..",---.~...~ ""."'""",-",.---......"-,...,,..--...."."" ..~"'-'"~~'".'~..-....----"._....-,_., ·"~·""_·...__....."""'_."..>'''"''"''..''',.'''..._..~''''''''~,._<,''___,..4~.·.'~,_''k"_"..".,_ "__~_~'<__'_~",'_""'''''''',~;.-b.,~_",._~>._"",,_,,~ June 10, 1986 these circumstances, it would be appropriate for the Commission to name this park Frank E. MackIe, Jr. Park. Opon oall for the question, the .otion carried 3/1, (Commi.sioner Voss opposed and Commissioner Holland not present at this time). Ite. 114 8TUP DIRECTED '1'0 K3GOTIATB A CONTRACT POR SERVICE WITH EVERGLADES CITY TO ADDRESS THE MUNICIPAL SERVICES PROVIDBD BY COLLIBR COUNTY County Mana~er Lusk stated that in MSTU's, the County cannot collect in incorporated city limits, adding that Everglades City is an incorporated city limit not paying into the General MSTU. He stated that police protection is provided through the Sheriff's Department and part of the park system is provided to them from the ,community park system that is being developed. He stated that there needs to be a contract negotiated with the City of Everglades to pay their fair cost of the services that they are receiving through the MSTU's. He stated that his recommendation is they should collect what they nor- mally would if it was not in incorporated city limits. He stated that there is a community center and a small park that they maintain in Everglades City which is open to the public, noting that some credit should be given for that. He stated that if the MSTU was paid this year, their share would be approximately $5,400. He noted that he has .'meeting scheduled with Everglades City this evening ;to,discuss:the matter with them. I , Commissioner Voss stated that this does not cover the cost of the services, noting that if they want to be incorporated as a City this &001( 095,A"( 67 Page 39 ....'.,..,'......,....----...--......-"'.....,. -..,..."',.""-~.,..._"....._,~_.........,..."._,~_.,,"'-..._,<'".--~.-.~,,. ,~ ;; 095 "Jf,£ 68 PiP' 0' ~ .., ... June 10, 1986 is their prarogative, but they should pay the full cost of running a city. County Manager Lusk stated that there are deputies in Everglades City but they serve more than just Everglades City and it would be difficult to separate it. Deputy Chiet Barnett stated that if the City of Everglades decided that they did not want to pay this, the Sheriff's Department would still have to p&trol the area, noting that it is hard to determine the manhours spent in Everglades City because the deputies ride through the area to get to another destination. County Manager Lusk stated that Everglades City has been incor- porated ever since Collier County has been a County, noting that Everglades City is the original County seat. He stated that he is trying to be fair and if Everglades City says that they cannot afford this amount and will not pay, the Sheriff's substation is still going to be there and the deputies cannot drive by and watch a crime being committed and not stop to handle the matter. He stated that there has to be an acceptable agreement, but if the County wants Everglades City to have $20,000 or more, they cannot afford it. Commissioner Voss stated tha~' ¡;~ }e~i~ it should be 'a'cceptabt'e to both parties, but he does not feel that this amount is acceptable to the County. 1fq ì I '",:1 In answer to Commissioner Hasse, County Manager Lusk stated that the Sheriff's road patrol is being funded through the MSTU's and in ii" ~ .:-: ,~., I I'~; .."r ',,~ ' '~~ Jt~. i', Page 40 - - .. .._~""...""""-;_~"^""~__,,.,~.~·,·,,<.·_..·,",,~,,,.~,o...=,~,"_,,". "·o",.__'_._~". _ ..¡ June 10, 1986 the State of Florida in an inco~porated city, MSTU's cannot be collected. He stated that Everglades City is receiving services that other County residerts are receiving and paying for, but Everglades City is not paying for their services, which is why he determined that it would be fair to pay the same amount that other people are paying, for the same service. Budget Analyst Fitzpatrick stated that the contract amount was based on their ðssessed valuation of last October which was about $18 million and the MSTD millage rate was .3131 which came out to about $5,500 that they should have paid for those services. Tape It Clerk Giles stated that the County could impose the unincorporated 'rea tax on Everglades City, then there would not have to be a oontract, to which County Manager Lusk stated that State law indicates that this cannot be done, noting that MSTU cannot be collected inside city limits unless there is a special'referendum, which will end up with the same result. He stated that Everglades City is willing to contract with the County and pay thefr fair share. Commissioner Qoo4night move4, secon4e4 by Commissioner Hass. and carrie43/2, (Commissioners Voss an4 Pistor oppos.4), that Staff be 4irecte4 to negotiate a contract with ZVergla4e. City in the amount of '5,133 to a44ress their .unicipal .ervice. provi4e4 by Collier County. ", ! " 'rl \ OJ ~ Ai ~.~ 'f, ~' ,. '/,r "f/I ~ CPi! ,1, ;-{ ~"~':':j: ': ·.....·Lh! ;/.;: (;". a:,~':l' ~f";_':~,~' j,¡';';:;~t !f¡'~D DJ:rJf~i,~l " j. '. j,' to~ 095~'-! 69 Page 41 .._-...._~,~. --..~",.----...,,,,,.,,,..,,,,,,,,,,.,,,,,",,..__;,,, . ,,·,'"'_'.·..'""""n·'.,'="~_..c"'",,·_· II ','_ . ..__III<f_i¥.____'"__,..."".,,~_~_ " i'~';·,"·,," . .' ~"'¡',,':.,",'.",',,' ,'''';'.. . ,", , I: ~;~ " , ~.' i{ .it}· h I,,' W: O( ... 095,Ir,t 70 "' ) u{ ;" [1¡ì June 10, 1986 Ita U5 COUNTY MANAGBR AUTHORIZED TO APPROVE CONSENT AGENDA ITEMS AND BUDGET JUœNDMENTS DURING BCC'S VACATION 1/, t": '.; ~.;. ,: ; f.; If; ~~:\ W' ('. Commissioner Pistor indicated that this is a routine matter so th~t thë"côunty Manager can keeP' thif Còunty going while the Board is on vacation. '! ¡; . '.', Commissioner Holland stated that this does not include any pay increases or the hiring of new p~r8onnel~ COllllllissioner Voss .oved, seconded by COllllllissioner Goodniqht and carried 4/1, (Collllllissioner Bolland opposed) that the County Manaqer be authorised to approve consent aqenda ite.s and budqet ..endments durin; the Board'. vacation. It.. US HR. LBO OCBS APPOINTBD AS PBRSONNEL DIRECTOR AT A SALARY OF $35,000 Deputy Assistant County Manager Brangaccio stated that over lOO applications were received for Personnel Director and after careful corsideration of those applications and interviews with the top can- didates, the recommendation is to hire Mr. Leo Ochs. She stated that he is currently the Human Resources Director of Joliet, Ill. which has a population of 78,000. She reported that he has been in this position since January 1983 which is a major support service department respon- sible for labor relations, personnel, payroll, risk management, physi- cal plant operations and maintenance,' graphic reproduction and art work, and public relations and information services. She stated'that . I ',- ¡,' . ¡ ; ,I: . " ,,);F Page 42 - I_I .. '~'""---''''''''"-~'''''''--'''>''''~''-'=''~'''''''''''"'''''~'-'' .."'"'''',"''',,....--.....,..,"''., ",-.,.,---.-.. June 10, 1986 his current salary is $41,000 but due to his strong desire to relocate to the Collier County area, he has agreed to accept a starting salary of $3S,000 which is considerably over the base salary of the current E-OS which is $26, 3S4. She noted that' this base salary has been recommended for upgrading by 10\ to $28,989 in the 1986-87 position classification an~ pay recommendations which will be coming before the Board after vacation. She noted that, ~f this, is approved the,salary increase for Mr. Ochs would be roughly 20\ over the new entry rate, adding that he will also be assuming the additional responsibilities of coordinating the departments of Personnel, Purchasing, and Risk Management. She stated that Staff is recommending that Mr. Leo Ochs þ. hired as Personnel Director with a starting salary of $35,000. Commissioner Voss stated that for a person that appears to be well qualified with a great deal of experience, it would be beneficial to Collier County to hire Mr. Ochs. commissioner Voss moved, seconded by Commissioner Goodnight, that Mr. Leo Ochs be appointed as Personnel Director at a salary of f35,OOO. Commissioner Holland questioned if his salary would be fro~en until he reaches that level, to which Deputy Assistant County Manager ~rangaccio stated that he is within the range, adding that if his tops out in terms of merit evaluations in the next two or. three . years, then a decision would have to be made on whether he would receive an increase over that range or not. aOOK 095,Ar,t 71 Page 43 ."·,·,"".,,';·'..'"._.,__...........,'"...,w,,...,,~.,.,'''_.,.....,.,,'~ ~t" , ~Î" r;' 1;;1 ,', ',,{,',". '-I.", , .-' ,'I'. , :~ . ;" .:', . .. 0951'1".£ 72 .~.' n~ I' ; \J' '"- June lO, 1986 County Manager Lusk stated that work needs to be done on the Pay Plan for management people, noting that every time there is an opening, he has to come back to the Board to get the salary raised or a~ agreement has to be made with people prior to hiring them. He ,stated that a good management pay plan needs to be established in order to attract and keep people. He stated that this County is not in a good competitive position. He stated that he would like to pre- sent in September an executive management pay plan that the Commission would approve. Commissioner Holland questioned how the County Manager is going to justify paying an executive more than what is in the rules, yet give only the average worker a 4\ increase, to which County Manager Lusk stated that it needs to be done for all people, but some departments will always have a turn-over rate. He stated that right now, he is having trouble filling positions as far as Directors are concerned. Commissioner Voss stated that the lOt above entry is simply a policy and if a person is extremely qualified, the County cannot expect him to start at lOt above entry. upon oall for the qu.sUon,the .otion carried unanimously., Item 117 RESOLUTION 86-107 ORDERING AND CALLING A REFERENDUM ELECTION FOR THE PURPOSE OF SUBMITTING TO VOTE O~ QUALIPIED ELECTORS O~ BIG CORKSCREW ISLAND PIRE CONTROL AND RESCUE DISTRICT THB QUESTION OP APPROVAL FOR ADDITIONAL MILLAGE LEVY TO PROVIDB PUNDS POR CONSTRUCTION O~ A SECOND PIRE STATION - ADOPTBD Assistant County Attorney Woigel stated that this is pursuant to a request of the Fire Commissioner ,for the Big Corkscrew Island Fire , . Page 44 - _I - '11 '. .-. -_.,......- " :.: ~ , ,J1 ,I June 10, 1986 Control and Rescue District. He stated that this is a resolution pro- viding for a referendum election to be held November 4, 1986, on the question of approval for additional millage levy to provide funds for construction of a second fire station. He noted that the District was created pursuant to Special Act 77-S3S which was amended in 1985, which provided that there could be by request to the Board from the Fire Control District to hold and call a referendum election for the purpose of an additional millage not to exceed one mill for three years within th~ District for the purpose of construction of a second fire station. Mrs. Mary Jane Gay stated that her only objection is that more of a burden will be put on the people that are already paying taxes, adding that the people that do not pay taxes are receiving the same benefit but not paying for them. She noted that the people that do not pay taxes are the ones that are assessed under $2S,000. Commissioner Goodnight stated that they pay for fire protection as it is a special taxing district. Mrs. Gay stated that they are also exempt from paying for fire protection, adding that she does not mind paying but everyone else should pay their fair share, too. Commissioner Pistor stated that this item is simply to allow the people to vote to determine if they want the additional millage in order to have a second fire station. He noted that if the exemption is changed in the State next year, everyone will pay. lOOK 095 'A'·t 73 Page 4S IOK 095 rAGE 74. ¡ , Jun~ 10, 1986 ,'r~:, " ,".,'~" ",,1 . . ,'1.' . . ~l¡:'- ~. ..." f~!: "t ~¡.~o; J~' .' Commissioner Holland stated that there are special assessment for road building and it is not based on the dollar value of the property, noting that it is usually based on front footage and questioned if this could be handled in such a way for fire districts? County Attorney Cuyler stated that this is an independent district set up ~y the legislature end he ~oes not see any other way to handle this matter, adding that he will check into this as he was 'not aware that the homestead exemption would exempt anyone from this type of a tax. Commissioner Pistor stated that the people can vote it down if they would like to, but in the meantime the County Attorney will investigate the matter. , cOllllllissioner Bolland .oved, seoJnded ~ cOllllllissioner Bas.e and oarried unanimously, that aesolution .'-107 orderinq and oallinq a referendUIII eleotion for the purpose of sUbmittinq to vote of qualified eleotçr~ of Biq Corksorew :Island Fire Control and aesoue Distriot the question of approval for additional .illaqe levy to provide funds for oonstruotion of . seoond fire station be adopted. t·· ". " , , ; t, . . (1' ~ .. .. ,I. . Page 46 ---_...._...~-,.~ .,"._--,,----_....... ',. .,.~.__._~...,~~.,---^-~..,_..,.._'_.- .\~?' aotrl':In BILLS - J.PPROVIID FOR PAnmJIT i·; Pursuant to Resolution 8l-lS0, the following checks were issued .';' through Friday, June 6, 1986, in payment of routine bills: ,>t"'~¡ ~~;:' "C~EC~",D,ESCRIPTION ". .. Vendors ,'. \." ' fL' ~ :Item I1t ~, 'í"'. ,r, )' i~ ~ 'I;~';" ~. 1',.· Iv." .~\o. i''; f¡",i(: " ' 'm'~' i'" . "",i '~~i . 'I"" ' ~," I~[: ._" ¥': ;' '", ~~~~; -~. -.f~~ t 1,-;)2 ; ; 095 f'A'.L 78 June 10, 1986 .:It.. 118 CHECK NOS. AMOUNT 144083 - 144407 $917,893.88 BtrDGJrl' AJm1mKmn'S U-298/299 - ADOP'l'BD Commissionex Voss moved, seconded by COlllllliasioner Holland and carried unani.ously, that Budget Amendments 86-298/299 be adopted. :Itelll 120 COUNTY ATTORNEY AND STAFF DIRECTBD TO INVESTIGATB WHAT RESTRICT:IONS COULD BB Ptrl' ON CONVENIENCB STORES AND SERVICB STATIONS IN THE MIDDLB 01' A BLOCJt AND BRING A REPORT BACK TO THE BCC IN THE MIDDLE 01' AUGUST Commissioner Holland stated that he brought this item up because' there are a lot of accidents in the areas where there ere convenience stores or gas stations in the middle of blocks. He noted that he received a report from Mr. Archibald and Mr. Kuck noting that one of the points that they make in the report is that the most logical place to have such businesses in within a commercial development, adding that he agrees but there are not that many centers where everybody can build and there ere convenience stores and service stations in the middle of blocks that create hazards ,or sa~ety problems. 'He stated that for a just cause there is a possibility to amend the ordinances limiting what can be put in the middle Of a block. He noted that he r: ~ r', : Page 47 /: . -I. '. , ' '¡ ; J" '1 r ¡ , " . :.';. pi I,> - - - -_..._._....."".".,,-_..~~~..,.,._"'~,-'""'.._..._---~_._.__..~.... "'.....,..,,.,,..-.-."'--"....."-.....'""'-' , . ,-~"~"."""~~-_..,--._....~-- June 10, 1986 woulð like to have the Attorney's office look into this matter to determine if there could be some restrictions on what goes in the areas that will create additional traffic problems from a high volume of traffic. He stated that it has been suggested that these type of businesses be located on corners, as it would be less hazardous. Commission~! Voss stated that with certain zoning it is permitted, therefore, the only way to accomplish this would be to change the zoning because the zoning now permits these stores anywhere in that !toning, commissioner Pistor direoted that the county Attorney and Staff investigate what li.its or restriotions could Þe put on convenience .tore. and .ervice .tations in the .i441e of Þlooks an4 report Þack to the Board in Auqust. 'lap. no It..,n cotnn'Y ATTORNEY TO RESEARCH AGREEMENT AND CONTRACT WITH AnT REGARDING REPRESENTATION O~ EQUIPMENT AND ANY POSSIBLB LIABILITY Commissioner Holland stated that the best he can find out when the presentation was made by AT&T, is that the system that they were going to sell to the County would last until the year 2000 or 2010, adding that he realizes the Commission went against the consultant's advice as to the company that was selected to furnish the equipment, but the ; ',' .' I'~:.. ~ I '. i ~ ¡J" County was assured that the equipment would be acceptable and usable ',,~,,; for a period of time. He stated that after Mr. Olliff made his report : . J ~:.. to the Board a few weeks ago, it was determined that it is going to 'ODiC 095 FA'-r 79 Page 48 l' .¡, (''' , ,.,.~;_,,-,_,_",_,_",.,,,;M___11>._._,_""""""""'_' """''''"''''~''''~'''''»'"'''''''''''''''''''''' 095 patE 80 June 10, 1986 n,:~' þ " cost almost as much to upgrade the "'system and make it usable as it cost originally. He stated that,with regards to the contract that the County has with AT&T, there may be some liability. commi..ioner VO.. .oved, .econded by Commi..ioner Ha..e and carried unani.ou.ly, that the county Attorney's ottice be directed to re.earch the Agr'6ment with AT'T with regard. to repre.entation ot the equipment to .ee it there i. any liability. Commissioner Voss stated that the estimate for the year 2000 would probably have been based on a projected number of telephones required in the building, adding that he feels the mistake was made in the estimate of the number of new telephones that would have to go in. It_ 122 STAFF IKSTRUCTED TO DRAW UP GUIDELINES AND RECOMMENDATIONS REGARDING A BUDGET FOR CONTRIBUTIONS TO BB PRBSBNTED AT BUDGET TIMB Commissioner Goodnight stated that a few weeks ago, the Commission gave one of the organizations in town money for a worthwhile cause, but she feels that there should be some guidelines set for contribu- tions. She ,indicated a list of the various contributions that were made for the year, noting that she would like to instruct staff to come up with a recommendation that would be presented to the Board at budget time indicating a certain amount of money for contributions, and if people wanted money, they could come in at budget time and ask for it. cOlllllli..ioner Goodnight .oved, .econded by commi..ioner Voss, that Staff be in.tructed to draw up quideline. and recommendation. regarding a budget tor contributions to be presented at budget time. Page 49 " , ~ - .. ~"""."',."~_",,,,,_,,,,, ,""....""'..'_.....""_""<"',,'...._''''-~-,,~'''''""',. ~, . .";~~; - - - June 10, 1986 County Manager Lusk stated thet it is difficult for Steff to come up with a recommendation on how much is to be spent for these types of programs, adding that no matter how much is allocated, it will not be enough because numerous groups will be coming in at budget time asking for money that t,ey will need during the year. Commissioner Goodnight stated that there are certain things that the Board gives to every year like the Collier County Fair, the Little teague, and otho~s, adding that these could be on the list for contri- butions and then a certain amount of money allocated for other groups that may come in during the year and ask for a contribution. County Manager tusk stated that it would be leu expensive if people came in throughout the yeer and the Board made a decision each time on each contribution, otherwise, every group in Collier County will be present et budget time eSking for contributions. Commissioner Voss stated that at budget time, the Commission should come up with a total number of dollars to be included in the budget for this purpose. County Manager Lusk stated that at budget time Staff could present 80me guidelines for giving out ,money. ., .' . ,', 1:'..l-J,\', :. , OpOD oall tor the que.tioD, 'the motion carried unanimouslY. Item ,n $500 DOKATIO. TO GREATER ~PLB8 LITTLB LEAGUE AND SENIOR LEAGUE GIRLS SOPTBALL - APPROVED Commissioner Pistor stated that for 8 or 9 years the Board has ; 'd. contributed $SOO to support this organization, adding that they have eODiC 095 P1'·t 81 Page so --$._..."';._,--,......-_...._.,~.~~"". . 10. 095,ACt 82 ,~:. O;\~) ''" June 10, 1986 done very well in representing Collier' County in world championship " ball games. Co.ni..ioner Basse .oved, .econded by Commi.sioner Gooðnight and carried unani.ou.ly, that the Board dona~e .500 to the Greater Naples Li~~le League and Senior Leaque airl. Softball. %tell 124 CBAIRMAK AOTHORIZED TO APPOINT AN ODD NUMBERED COMMITTEE TO STUDY THE CONSOLIDATION O~ INDEPENDENT ~IRB DISTRICTS WITH ONLY ONE REPRESENTA- TIVE ~ROK THE CITY OP NAPLES I I Commissioner Pistor stated 'that he was asked in January to form a committee to study the consolidation of the fire departments, adding that he has received some response on this matter. He noted that it should be an odd numbered cnmmittee and, hopefully, proceed with the matter so that there can be a report done to present to the Legisla-. ture. Commissioner Voss .oved, .econded by COllllllissioner Goodnight, that the Chairman be authorized to appoint an odd numbered committee to study the ide. of consolidation of the independent fire districts and that there should not be more than one person fro. the city of Naples appointed. Mr. Henry Maxant, Fire Commissioner of the North Naples Fire Control and Rescue District, stated that he opposed the proposed legislation that was drafted by the Collie~ County Contractors' Assooiation, but indicated that he felt that there should be a oreation of a blue ribbon fact-finding commission that should have the Page 51 .. .. .. ~,,,,,....,..,,,~,,,,,...,.,,,¡.._,-_.,, ""...,,..'''''-.,.-....-.',...--.......-.-.' ....,"-_.__.--._-~-"-"~".~".""". June 10, 19B6 highest pos~ible levels of integrity, intelligence and knowledge that will study the issue of consolidation of fire departments along with the EMS ambulance service. He noted that the findings should receive full disclosure and any recommended changes should be submitted to the electorate as a referendum. He stated that he is not saying that con- solidation shoul~ be done, but a study should be done. Commissioner Pistor stated that he has had suggestions that mem- bers of fire commissions not be allowed on the committee because of , possible conflict of interest, adding that in his effort to find people for the committee he has tried to avoid anyone that is a member of a local fire commission. He stated that he would like people that have had experience in the fire-fighting field. Mr. Maxant stated that he would like to suggest a non-voting chairman be appointed to guide this committee. upon call for the que.tion, the aotion carried unanimously. ***** commi..ioner VO.. .oved, .econded by Commissioner Goodnight and carried unani.ously, that the following items be adopted and/or approved under the Consent Agenda: ***** It.. 12 5 ,-' " t ~ BQUIPKBKT OPBRATOR :III IM THB WATER MANAGEMENT DEPARTMENT RECLASSI7IED TO EQUIPMENT OPBRATOR IV WITH A 5% SALARY INCREASE Itelll U' ,.j ¡:'. RIORT-OF-WAY ALIGKKBNT FOR ROADS IN COPELAND TO REMEDY AN ENCROACHMENT PROBLEM ON CHURCH STREET TO BE EXECUTED AND RECORDED See Pages ýF- 9q Itelll 127 J'DfAL ACCBPTUC1: OJ' RJllILAT OJ' HARCO BEACH, UNXT 25 'OOK 095 P~',E 83 Page S2 , I J Ia..; t. ,_,w__~.,.....·__,,·· ,..,.....___ ,..~ "_.,.....~~., --....,",....,,-""----;. r ......._.,..__. ,""".,._-,"""'---_.~...,-,,-~.....-_... 095,At;{ 84 ~~"( Of C June 10, 1986 ' CBAI~ TO"IŒI COXTRACTUAL AGREEMENT FOR LIBRARY SERVICES AND CONSTRUCT:IOX ACT PROGRAM GRANT See Pages q!J-" 10.3 Ite. 129 , ' PURCHASE OF SOL~ SOURCB PUMPS FROM ELLIS K. PHELPS , CO. IX THE AMOUNT O~ $5,280 POR THE UTILITIES OPERATIONS UNDER EMERGENCY CONDITIONS Ite. 130 PROPOSAL FROM BC~E, MONTES , ASSOCIATES, INC. TO PROVIDB ENGINEERING SERVICES FOR THB BLUE HERON WATER SERVICE SPECIAL ASSESSMENT DISTRICT NOT TO EXCEED $24,900 See Pages /~t¡ -10 to Ite. 131 PROPOSAL ~ROM BOLE, MONTES , ASSOCIATES, INC. TO PROVIDE ENGINEERING SERVICES POR TRINITY PLACE WATER SERVICE SPECIAL ASSESSMENT DISTRICT HOT TO BXCEBD $22,500 See Pages /07- /0 if Ite. 132 AQJUlBMBlft n'l'B DJrVJ:LOnR OP BUMMERWOOD APARTMENTS REGARDING ON-BITB SEWAGB TREATMBlft FACILITIBS See Pages 1/ ð - 1 ~ ~ It.. 133 AUCTION POR SALB O~ ALL SURPLUS COUNTY-OWNED ASSETS TO BE HELD 6/28/86 Item 134 ADDBNDUM TO LEASB AGREEMBNT BETWE!N STAT! OF FLORIDA, DEPT. OF AGRICULTUJUI , CONSUKER SBRVICES, DIV. OF PORESTRY, , COLLIER COUNTY TO DELETB A 1960 DODGE PICKUP TRUCK, TAG 'ACS-633 See Page' /;;..~ .' I Î'.; Page 53 .. - - ---- ,.,,·.·,C_'''''~'·'~_''"'·_'''''''''_·_'__'"''·~·'"''- June lO, 1986 It.1II 135 CBRTI~ICATBS rOR CORRBCTION TO THE TAX ROLL 1985 TANGIBLE PERSONAL PROPERTY 1985-l8S/l87 5/29/86 -5/30/86 It_ 136 BXTRA a~IR TIME FOR INMATE NOS. 31710, 3771', 34410, 43'50, 2'678, AND 42357 ltelD 137 MISCELLAKEOUS CORRESPONDBNCE - PILED AND/OR RE~ERRED There bein~ no objection, the Chair directed that the following correspondence be filed and/or referred to the various departments as indicated below: 1. Letter dated Hay 20, 1986, from Bay County Commissioners, Florida, regarding Local Government Loan Program and attaching a Local Government Loan Program Demand Survey. xc: Filed. 2. Warning dated Hay 29, 1986, from Clerk of the Circuit Court regarding unpaid taxes on property to be sold at public auc- tion on June 26, 1986, Sewer Assessment Lien Acct. 1743244. XCf Bruce Anderson, Tom Crandall, Filed. 3. Letter dated May 22, 1986, from Dept. of Community Affairs to Ms. Vickie Mullins, Administrator, informing that they are in receipt of the Labor Standards Enforcement Report regarding Contract No.: 84LG-S3-09-2l-0l-H34. xc: Pam Brangaccio, Filed. 4. Letter dated May 27, 1986, from Dept. of Community Affairs enclosing an original executed contract (Local Government Comprehensive Planning Assistance Program Contract), and stating that the Dept. has authorized the release of the initial 30t of our funding allocation, and we should receive first check within 4 weeks. xc: Pam Brangaccio, Vickie Mullins, Filed. $OK 095w-! 85 Page S4 :: J.. ~ '",M..".___....__,,_..__··"··____".._-.. 11$: .,','. ,'.,.,.".'...',.' .. .~, .. 1.,;' '. } ~,r",:,','· IF" ~,' .~/ I' ~:., g¥. ..}:-: *: ~f.~ ~:;., '1,'" ' I·: If V,l .~,: ~i , UK 095 ,~r.t 86 ~-'~ ~, .1' 1 \'. June 10, 1986 S. Letter dated May 27, 1986, to Robert Furlong of Wilson, Miller, Barton, SoIl & Peek, Inc. from Sue Sofia, Project Manager, Dept. of the Army, re application No. 8SIPU-202l6, County Recreational Park, and requesting additional infor- mation. xc: Pam Brangaccio, Tim Vanatta, Kevin O'Donnell, Filed. 6. Memorandum dated 5/29/86 from John' A. Pistor, Chairman, to Jim Giles, Fiscal Officer, attaching a $100 bill which was receiveð from Mr. & Mrs. Triest of Berlin, West Germany, in recognition of the life saving help given to Mr. Triest when he suffered a heart attack, receipt for $100 attached. xc: BCC, EMS, and 911 Emergency Dispatchers, Filed. 7. Letter dated May 27, 1986, from Bill Gunter, Insurance Commissioner, attaching a claim from claimant, Robert Crawford for personal injuries resulting from an automobile accident which occurred on October 3, 1984. xc: Ken Cuyler, Sherry Rynders, Filed. 8. Legal notice dated May 27, 1986, from North Naples Utilities, Inc., regarding extension of water and sewer services to the east half (E 1/2) of Section 20, Township 48 South, Range 26 East; excepting the West 60 feet and the South 100 feet thereof. xc: Bruce Anderson, Neil Dorrill, Tom Crandall, and Filed. 9. Notice dated May 27, 1986, from the Public Service Commission regarding a Prehearing Conference for Docket No. 840300-TL at 9:30 A.M., Thursday, June 12, 1986, in Tallahassee. xc: Bruce Anderson, Filed. 10. Order dated May 28, 1986, from the Public Service Commission acknowledging indexing rate adjustment re East Naples Sewage Treatment Corporation, Docket No. 860SSS-SU, Order No. 16160. xc: Bruce Anderson, Filed.,:, , f·ol.' ~' . ?'J ! ~!';~:' :;r.\l~" :. tt ,.:. t)' :i' ;,~D ". \i" ;.:.¡- f :H .. ' Page 55 .. .. - ,", _""_..._.~"__,__....""__"',.._""___.."",..."""'''''_.m-..,>.."=-._,,.<..-,,,,-", ',1", . " June 10, 1986 oil.. There being no further business for the Good of the County, the meeting was adjourned at 3:3S 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 l" i" ,~".~,", '~"~~. : 1{,.. ,~ ~"'~;i' - ~~' ''15 ~" ¡a ~ \'. .' '. "-..." q :::,ATTESTr··'·", -~. ,IX; ;':J~'ó\\)t:i¢~; CLERK , ,. V.,.~ ;~. ."A : ..14".' ~...' ¡- 0 .~ '~(î ',",? '..f", ø ' j" ," nif: .~' '2.\ ... "'~1!t~~ O/,G '-S: _~"t~-:'_, . : b '. I~ ~ -:J,: ,,' ..,ì'.... '" "':I't~.'':{.· l' ',.,,~e 1nin~ð~s appr by the Board , f, ",,. ,t.' as pfe'ent~· or as corrected v' '-¿' " ()~ A. PISTOR, CHAIRMAN on H t?l,l, /?/f.' , ft,' ,';, ;<~.:- Ù~ö ~'q : :, "00.) J':". \.o.'~ '( .~. 0::> "it )i: ., ';j " 1·· ; r '1 ,:J''''~¡I- ;'. ,~ j :11 .' ! i~'J~' ~ ~4...1(;4I ~ ("»<." . ...; -. ~' r,i t. ··-f OJ,. ~ l,! ~ L ,i.:: "1 ~Ã ,,~ f ,. ~ .; t, VI " ¡ j¡ (,(!.í i : , , "1 r ,~J(. ï J Fd, .,..... r <, ' " ~ '-,,-' ('! ~ I; ~ lOOK' 095 ~Ar,t 87 Page S6 " 'Jh' - C<'; '0" ;w f!~':Y \i,I.,. ',j '{1,~; . .' ,'...,'.....'...,"'-'.,--",.""".,,-"",--- ....,,~~,--'---- '} -,-..) ..; " ,~ . ~ .._i :~~,