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BCC Minutes 03/18/1986 R - .. .. HdFles, florida, March 18, 1986 LET IT BE REMEMBERED, that the Board of County Commissi~ners in and for the C~unty of Collier, and als~ acting .s the Board ~f Zoning App.als and as the gov.rninq ~ardCs) of such sp.cial districts as have been created according to law and having conduct~d business herein, met on this date at 9:00 ....11. in REGULAR SESSION in Napl!!s City Council Chambers, Naples, FloridJ, with the follow1ng members present: CH"'IRMAN: John A. Piator VICE CHAIRM"'N: Anne Goodnight Frederick J. Voss Max .... HaS3e C. C. wRed- Holland ALSO PRESENT: Virginia Magri, Deputy Clerk; Burt L. Saunders, County Attorney; Ken Cuyler, Assistant County Attorney; Donald B. LuSk, County Manager; Neil Dorri11, Assistant County Manager; David Pettrow, PlannIng/Zoning DIrector; Ann McKim and DavId Weeks, Planners; Tom Kuck, Public WOrks Administrator; Tom Crandall, UtilIties Adminis- trator; Sherry Rynders, Risk Management Director; Tim Vanatta, Acting Public Services Director; Jane Fitzpatrick, Budget Analyst; Pat Pickworth, AdministratIve Assistant to the County Manager; Nancy Israelson, Administrative Assistant to the Board and Deputy Chief Ray Barnett, Shedff'. Department. aGOe 092 PA~£ 518 Page 1 t '.<; l) !\: :, """,.,__.., '~__"""_",,,",·...;..t .. - .. March 18, 1986 **** Chairman Pistor advised those in att~ndance that after the co~letion of the morning'. agenda the BOllrd would recess until 7:30 P.M. at which time they would reconvene in the Boardroom of Building ·f·, Courthouse Complex to address the mandatory solId waste collection ordinance. It.. '5 PETITIO. R-85-20C, CAADIIlAL Z.OOSTRIZS - WITHDRAW. PUBLIC COMMEIITS BEARD , ¡ I ¡ , I ¡ ì I ( I I ChaIrman PIst~r read a telegram from Cardinal Industries wIth- drawing Petition R-85-2OC. It was the consensus of the CommissIoners that the registered speakers for thIs petItIon be heard. Mr. Jack Jenkins, President of the Palm River Homeowners and Civic Association, said that they understand that the petition h3s been withdrawn; however, they feel strongly that their statements prepared for the ·public hearing on March 4, which "'as continued to March 18, apply equally to other petitions that will come before the Commis- sioners in the future. He noted that their comments are on record regarding PetItion R-85-l9C, Palmetto Pines, and they addressed the inadequacy of the square footage criteria as a definition of affordable housing. He said that they sp~ke of the need to specifically define affordable housing and to include incODe qualifications. He said that these yet to be determined guidelines must be enforced. Also, he said that petitions should be reviewed carefully to ensure that they conform to the spirit of the Comprehensive Plan. He said that all of the above comments apply not only to Palmetto Pines and North View Apartments, but to the whole issue of all high density development. He said that they also addressed the issues of traffic, potable water, drainage, groundwater retention and wildfires. He asked that these thIngs be considered when the Board considers anything that will impact North Naples. Chairman Pistor advised that the County is embarking on a ~ajor revision of the Comprehensive Plan. Mr. George Keller, Collier County Civic federation, questioned when Petition R-85-20C could come before the Board again. Chairman Pistor advised that it cannot CODe back b.·fore six months and it would be a new petition before the Staff, CCPC, and would be well advertised. Mr. Leonard Rowley, President of Victoria Park II Property OWners Association, said th~t he is representIng 205 property oWõers and wants aODJ; 092 PAGE 528 Page 3 " ¡ ¡ , $ ¡ I ! ï ¡ ¡ f I t I ¡ I ! I i ! I i I ; . ¡ ( ¡ '00( ()!J~'A~[5~ March l8, 1986 to be on record as opposed to the petition. Mr. David Leight was registered to sp~ak but declined. Mr. Larry Ingram, voiced his objection to the continued post- ponements and today's wIthdrawal of the petition and said that the people would like to know the individual C~mmissioner's position on the project. ke requested a straw vote and the CommIssIon was advised by County "'ttorney Saunders that there is no petition before them and he cautioned the CommissIoners that when they receive a petition they have to make their decision based on evidence before the~ and suggested that they take no action on the request. Commissioner Voss said that there are many factors considered when a petition for development is presented to the Board, one being the attitude of the people In the area. He said that they have heard from the people in Palm River, Willoughby Acres and Victoria Park and he could not vote for a petition with that much opposition. Com~issioner Hasse said that he would not support the petition. County Attorney Saunder3 said that if the Commission takes a straw vote it would not be bindIng on this ComminsIon or any other Commission if the petition Is brought back. Commissioner Holland saId that he could not support the petition. Commissioner Goodnight said that she does not believe that Collier County does not want Cardinal Industries but she believes that it is not a good project for North Naples but it would be an ideal project for Immokalee. Chairman Pistor said that the co~ents are on the record and there is no need to take a straw vote as it appears to be a unanimous decision against the project. Tape t2 Ms. Joyceanna Rautio, property owner in Victoria Park and Willoughby "'cres displayed a map that she purchased this date from the Planning Department In which Palmetto Pines and North View Apartments were already Inked in and she suggested th~t the Planning Department not be so presumptious as to think that a rezone petItIon can b& placed on a map before the Board has an opportunity to vote on it. Mr. David pettrow, PlannIng/ZonIng Director, advised the Board that the map in question was developed for staff purposes and it is available to the pub11c but not meant to pre-designate something. *****Recess: 9:40 ....M. - 9:50 ....~..**.* Page 4 - - - r I ! I .. - .. March 18, 1986 It.. SA COMMENTS RI CONTINUANCE or PETITION R-85-28C, LELY RESEARCB Mr. George Keller, Collier County Civic Federation, said that the people in Lely and Naples Manor are very Jr;uch against Petition R-85-28C and he wonders by continuing it until Mðy how many people will be away at the ti~e of the public hearing. H4 said that he do.s not believe that the Board will have the public input that they should have if the petition is not heard until May 6, 1986. It.. t6 RESOLUTIOW 86-43 RI PETITIOII S1IR-86-31, OLIVER rUSSELL, RI STRIET NMI: APPROVAL rOR MARION LAJlE IN IMMOItALU - ADOPTED Legal notice having been published in th~ Naples Daily News on March 2, 1986 as evid.nced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition SNR-86-31 filed by Oliver Fussell requesting street name approval for Marion Lane which runs approximately 700 feet west of Carson Road and then south off of Westclox Road in Immokalee, Section 31, To-~ship 46S, Rang9 29 East. Zoning/PlannIng Director Pettrow said that the name is being r.quested for emergency ident~fication and maIling purposes and that staff recommends approval. Co..i.sioner Vas. ~Y.d, ..cond.d by Co..i..ioner Holl.nd .nd c.rried un.ni.ously, th.t tbe public bearing be clo.ed. Co..i..ioner Vo.. ~Yed, .econded by Co..is.ioner B.... .nd carri.d unani.ously, th.t Re.olution 86-43 approving the .treet n..e of M.rion Lane be .dopted. . . Ç'1) I'U ',J~' F~,~ '!; c.o.. I í ,'1 t'f "1:, aool( 092 pm 530 Page 5 ~ .~;), (1! .~'¡- I Î . , . ; ;.~ -:-, --- - J -.- WIll - - filarch 18, 1986 . It.. t7 RISOLUTIOII 86-44 RB PETITIO. AV-86-002, ALAIf FOSTER AS AGD'I', RI 'lACA'fIOII OF THI SIX FOOT REAR ZASEllnr'f 011 SITE 50 AIID 18, BLOCK A, PILICAII BAY WIT I - ADOPTED Legal notice having been published in the Naples Daily News on March 2 and 9, 1986 as evidenced by AffidavJt of Publication filed with the Clerk, pUblic hearing was opened to consider PetItion AV-86-002 filed by Alan Foster, Agent for Peter M. Wege, requesting vacatIon ~f the six foot rear easements on Site SO and SIte 18, Block A, Pelican Bay Unit I, so that the petitioner may build across and up to rear lot lines. Mr. Tom Kuck, Public Works Administrat~r, said that wLetters of No Objectionw have been received from all pertinent utility companies and the Water Management Advisory Board has reviewed the petition and has determined that the easements are not required for drainage purposes, the Community Development has reviewed the petition and has no objection, noting that the zoning is PUD. He said that staff recommends approval. Ms. Carol Kane, adjacent property owner, said that she has no problem with the existing house. She said that her concern is with the lot that will remain after the house has been extended 12 feet onto it. She said that she would like to see a limit of what could ultimately be bu 11 t . Chairman Pistor said that the two lots will become one and he does not believe that anything else could be built on it. Commissioner Basse questioned if it would become a sub-standard lot? Planner McKim said that the remaining portion of the lot would not be usable. Co..i..ioner Vo.. ~Yed, .econded by Co..is.ioner Goodnight and carried unani.ously, that the public hearin9 be closed. Co..lssloner Vo.. »oved, .econded by Co..issioner Bass. and carried unanl.ously, that Resolution 86-44 vacating tbe six foot r.ar ea...ent on Site SO and Site 18, Block A, Pelican Bay Unit I be adopted. ;¡. '-J , '1 aa~ 092 p~~.{ 532 Page 6 ,'r' O~·I..':· I',' " " ~ : . ....~ ~ !.,' _..·.o..',."'.....__·,_.·.,·_"·.·_.w,,..'" '"' .. .~ , , . ~ .. - March 18, 1986 Ii.. II RDOLUTIOII 86-45 RI PZTITIOII Y-86-2, J. IttJDRAVY, ARCHITECT, RIPRISD'T- l.a RAYMOMD SMITH, RE A rIYI rOOT VARIANCE POR PROPERTY LOCATED ON THI S.I. COIUfER or PALM ST. . IDDIIKiTo. PLACE, PlARCO ISLAND - ADOPTED -'I Legal notice having been published in the Naples Daily News on March 2, 1986 as evidenced by Affidavit of Publication fIled with th!! Clerk, public hearing was op.ned to consider Petition V-86-2, filed by J. Kudravy, Architect representing Raymond Smith, requesting a five foot variance from 35' to 30' for property located on the southeast corner of Palm Street and Eddington Place, Marco Island, in order to construct a duplex. Planner McKim recalled that on December 17, 1985 the Board denied a request for a ten foot front yard variance for the subject property because it was Staff's recommendation that the property exceeded the minim~ lot area requirement and the structures could be located on the property without a variance. She said that the property is zoned RMf-6 and the p.titioner proposed a duplex containing ~ 2700 square feet and the Rl1r~6 district required only 1500 square feet; therefor., the size of the duplex could be reduced and still comply with the Zoning Ordinance. She said that the only hardship appears to be one of location or design. Ms. McKim referred to the criteria in the Executive Summary that the Staff followed to determine their recommendation of denial. Mr. John Kudravy said that his client has owned the property in excess of 10 years and he has spent the better part of two years designing a structur. to comply with the codes .s well as me.ting the design criteria for his client. He displayed a map indicating that 44' of the area is a corner setback. He said that the variance ts requested so that the building can be .oved to make the structure fit in and blend harmoniously with all other structures on Eddington Place. He said that in addition to the variance he would like verification that the building is of acceptable sIze. Ms. McKim said that the unit exceeds the require.ent and there is no problem with it. Mr. Kudravy noted that it was most i.portant that the design criteria appear as one building so that it would be harmonious with the site and that the position of the building on which they are requesting the setback is only for one portion of the building. He said that it is just a small part of the building that is 25' long that they would like to align on the setback. aoox 092 pm 534 Page 7 .. - .. March 18, 1986 lb. '9 RESOLUTIOII 86-46 RI PETITIO. PU-86-IC, TaE CITY or MAPLES, RE PROVISIOIIAL USE 8.10 or THE ZOIIIIIG ORDIIIAW.:E rOR A WATER STORAGE TAInt o. Tar: IfORTBWEST CORIIER or LOIS STREET AIID SHADOWLAW1I DRIVE - ADOPTED Planner McKi~ referred to the Executive S~mary dated March 10, 1986 and explained that the City of Naples is requesting Provisional Use 8.10 of the Zoning Ordinance for a wat~r storage tank for property located on the north~st corner of Lois Street and Shadowlawn Drive in Section 11, Township 50 South, Range 25 East for 1.16 acres. Ms. McKim said that lands to the north and east are zoned RMf-6 and that lands to the south are zoned C-4, and lands to the west are zoned C-4 and RMF-6. She said that to the north is vacant land, a church school and a residences to the east is a public school play- ground CShadowlawn Ele~entary) and a residance; to the south is a liquor store and Green Stamp Center and to the ~st is a triplex and two Ci ty of Naples water tanks. Ms. McKim said that all appropriate County agencies have reviewed the petition and reco~mended approval subject to the stipulations outlined in the Executive Su~mary. She said that the CCPe held their public hearing March 6, 1986 at which time staff proposed the additional stipulation that a landscaped buffer be provIded along the west property line adjacent to RKF-6 district with the exact location to be deter~ined at the ti.e of Building Permit application. She said that based on their Findings of fact, the CCPC unanimously recommended forwarding Petition Po-S6-lC to the Board for approval subject to staff's stipulations outlined in the Executive Summary and the above- referenced buffering require~ent and the following stipulation: -The use of the existing driveway (on Shadowlawn Drive) during con- struction shall be reviewed and may be approved by the County Engineer-. She noted that at the CCPe meeting no one spoke for or against the petition and no correspondence has been received. Tape 13 Commissioner Hasse questioned the size of the water tank and Ms. McKim said it was five million gallons with a height of 38' at the top center. Mr. Jerry Brown, City of Naples Engineer, said that they are planning a five million gallon tank and they have no problems with the s tipul ations. !OO( 092 PAr,t 538 Page 9 ¡ ,> I; , \1 11 0 100« 092I'A';£ 545 It.. March 18, 1986 AODIT1o.AL CONTRIBUTIOW TO ~VID LAWRZMCE CEHTER rOR THE RESIDZHTIAL DEPENDENCY TREATMENT PROGRAM Mr. Ron Meserve, Executive Director of the David Lawrence Center, said that they learned in July of 1985 that the legislature had allocated funds to develop residential treatment programs for adolescents with chemical dependencies. H~ said that the Center was encouraged by the State to apply for the lImited funds available at that time. He said that they received a grant to fund a part of the operation for a 20-bed residential treatment program and an out-patient services program. He said that the contract was negotiated with the State as of October, 1985 and in that contract the Center com~itted to implement the program by July, 1986. Mr. Meserve outlined the goals of the program, such as providing intensive rcsidential chemical treatment to adolescents from age 13 to 17 who are experiencing dI£ficulties with alcohol and/or other drugs and who require any In-patient stay to assist them to become sober; to help each client maintain sobriety; to offer alternatives to chemical dependency which will provide support to the adolescent upon releaso from treatment and to provide an orientation and exposure to Alcoholics Anor.ymous and other community based support groups to establish a long-term support system to the adolescent upon his release from treatment. Mr. Meserve said that following the Center's commitment to the program they launched a campaign to raise funds for the construction of the facility with an estimated cost of $500,000. He said that Mr. and Mrs. Bill hutchinson have pledged up to $250,000 to match other donations towards the $500,000 goal and to date they have raised 85' of the goal, or $430,000. Construction should start on or about April 1, with completion in about four months, he said. He recalled that in September the Center had requested funds from the County for July, 1986, which was the anticipated start of the program. Mr. Meserve explained in detail the funding cycle of the State and the need for an additional contribution from the County in the amount of $84,361. Ms. Carollyn l1iddlebrook of the David Lðwrence Center displayed a chart outlining the projected expenses anð Income of the project. Commissioner Hasse said that he had hoped that a request such as this would come forth at budget time and questioned if the program has to progress so rapidly? Mr. Jlleserve said that there are two problems, el) the contract - - œ'''.'-..·"~~",,,_,..,,,,.",''''''''.,,.,,,,,,~ _... Page 11 - - ". .. - - March 18, 1986 with the Stat. mandates that they will start the program on July 1st or .s clos. as they can or they are in jeopardy of losIng those State funds for succeeding years; (2) funds that are in the grant for the State fiscal year ØlUst be spent before Junu 30th, and they must have the additional local funds available so th~t they can spend that money or those funds will be lost. County Manager Lusk questioned if the $63,000 was originally going to be covered by State money and Mr. Meserve replied that last September they had no expectation of being able to draw-down any of the funds and it was not until a little while ago that they found out that they could draw-down on those State funds for the capital equipment and furniture requirements for the new facilIty. Mr. Lusk asked what they will be requesting in October and Mr. Meserve said that they will not be coming In asking for $116,000, they will only be asking for about a 5' overall increase, so it would just be $84,000 plus any cost of living requirem.nts. Commissioner Holland said that he is in total support of the .fforts of the Center and that h. believes the proposed program is long over due. Commissioner Voss said that h. is totally .up~ortive of the program. Commissioner Goodnight said that she believes the County owes it to the young people to support such a program. Commi.sioner Háss. said that he is very supportive but he is also very conscious of the cost and questioned if there is a possibility of doing it in stages so that the Commission is not placed in this position constantly? Mr Meserve said that the decision by HRS was that a 20-bed facility was going to Q~ developed In Collier County and the program is both minimal and optimal ~nd may need to b~ expanded in the fu~ure. Mr. Bill Barton said, regarding the drug abuse problem in this County, that they have done a pretty decent job over the past several years of causing the use of marijuana to g~ down but there has been an increase in the use of alcohol. He said that an adolescent can become much quicker addicted to alcohol. He said that there is a much better rate of recovery for a child whose family Is part of the recovery process and such a facility is not available in Collier County now and treatment has to take place in a different area where it is dIfficult for the family to take part in the treatment process. He s3id that in lOOK 092 PA~[ 546 Page 12 ¡ . 1001 0921'Ar.£547 March 18, 1986 the better facilities right now the cost is $12,000 a month and that limits treatment to a small segment of our society. Mr. Barton said that he has personal knowledge of at least 8 childen that are in remote tr.atm.nt facilities and he knows of at laast 8 that should be in treatment, which would fill 80' of the beds in the proposed facility. He urged the Board to support the issu.. Mr. Ed Date., Treasurer of the David Lawrence Center and past Chairaan of the Board, said that they have been very successful at the Cent.r regarding the collection of fees, noting that everyone pays something. He said that he realiz.. that the Board ha~ a very difficult situation but pl.aded for the children of the community for the Board to vote for the appropriation. Co..l..ioner Voss aoved to approve an addltlo~l,contrlbution of "4,361 to the David Lawrence Center. Co..l..loner Holland .econded the aotlon which carried ananlaou.ly. It.. III CCMTRAC'r 011 BEBALP '" TIlE COUJtTr BIALTa WilT FOR TBI IIIDIGZ1IT DDlTAL HIALTH CARE PROJECT ~ APPROVED Mr. Roger Evans, Busines. Manager, Col~i.r Health Unit, recalled that on February 11, 1986 the Soard endorsed the Indigent Dental Health Car. Program and authorized the Health Unit to submit its proposal to the Department of Community Affairs. He .aid that the project has been accepted for funding and requested that the Board approve the final contract. Mr. Evan. .aid that the Departwent of Community Affairs is providing a grant for $7,090, with the in-kind contributions and a very small cash match which is being provided by the County Health Unit, which amounts to $8,508 and it ia not costing the County any money. Co..l..loner Vo.. aoved, .econded by Co..i..ioner Bolland and carried unaniaou8ly, that the Chalr.an be authoriz.d to .ign tbe contract for the County Health Unit Indigent Dental Health Care Project~ SEE PAGEs..5¡'S- 5'13 ... Rece.., 10145 A.M. - 10155 A.M. ... Tape t4 It.. 112 APPOINTMEHTS TO CIVIL TRIAL COMMISSION PURSUAHT TO PERSONNEL RULES County Manager Lusk said that in accordance with the Personnel Rules and Regulations the following indivi~uals are beinq recommended for appointment as regular members of the Civil Trial Commission: Page 13, .. - - ...~·""'._M"'_._..._"~.".. "_~"~.,_...,_~._. 11,'''''."",''''''''_ T .. ,-,,!. t.... ...__....,."'"..""'_......__....,,__''',.,''""..'' ·_m_""","""",,-.,,_.,, - - .. March 18, 1986 Ronald L. Meserve, for a three-year t.rm ending January 31, 1989 Bonnie Kant, for a two-year tera, ending January 31, 1988 Gordon Kelley, for a one-year term ending January 31, 1987 Mr. Lusk recommended that Jeanette Boucher, be appointed as an alternate member for a ter~ of two year., .nding January 31, 1988 and, pursuant to the Personnel Rules, the Employee Advisory Committee will select an alternate employee member who will be eligible to serve if the regular employee member is not available. Co..i..ioner Vo.. ~ved, .econded by Co..i..ioner Ba... and carried 4/0, Co..i..ioner Bolland out of the roo., tbat the above- .entioned reco...ndation. for appoint.ent to the Civil Trial Co..i..ion ~ approved. It.. UJ PUBLIC OffICIAL LIABILITI COVERAGE QUOTED BY HATIaKAL UlIoø 'IRK IHSURANCE - REJECTED Risk Management Director Sherry Rynders said that over several aonth. they have been looking for cove'~g' for public officials liability and the only q~te that has been received to date is one for $l aillion in coverage and a clal. basis with a $50,000 per claim deductible and a premiU3 of $47,800. In addition, in the following year, in order to pick up another 12 month coverage for the same year it will cost another $11,950. Ms. Rynders said that the claims made policy exclud.. quite a number of items, including utilitie., which i. the only area wh.re the County has had any claims. M8. Rynder. said that it was her feeling that the coverage should not be purcha.ed and the County should wait until the County gO.,s out fo/'a full package and at that time include the pro- fessional liability in the bid. Co..ission.r Vo.. ~Yed that tbe Board concur vitb Ms. lynde,'. ,ecoaaendation 'and that they reject the coverage for public official liability quoted by ..tional Union Fire In.urance. Commis.ion., Ba..e .econded the .otion which carried 5/0. County Attorney saunders referred to the Executive Summary which states that the sov.reign immunity limits are $lOO,QOO for an individual and $200,000 per occurrence (f. S. 768.28), which is correct, but he wants the Board to realize that those sovereign iamunity limits for liability do not apply to the Federal Civil Rights Act, which is really the federal Statute under which most civil rights claims and large liability claims are filed. aOOK ()!)~PA~£5'LI~ Page 14 ! !' , ~,.: """''''''''''''''-'''''.''''''''-'-~'''''' ....."...,.".,.'"".',,- --~~~---~ UK 092 pm 54.9 Ite. 114 STAn AUTHORIZED TO UGOTIAn COII'I'RAC'r WITH DAFT COIISTRUCTIo. rOR COMPLETION or 8TH rLOOR, BUILDING -r- - TO BE BROUGHT BACK 3/25/86 March 18, 1986 Assistant County Manager Neil Oorrill said that the construction budget includes approximately $650,000 to finish the 8th floor of BUilding ·f- for use and it would be the first project for new offices for activities under the [oard of County Commissioners. He said that there is an Important need for temporary office space for people who are being displaced while their building is being r.novated or con- structed. He said that in lieu of renting additional office space away from the Courthouse Complex they felt that they could get much better value by going ahead and putting In the basic mechanical, electrical and code requirements for the 8th floor to build a large 9,000 square foot open space that could be used by a variety of departments while the renovations and construction programs are in progress. Mr. Dorrill said that Kraft ~n~truction Company did the .xpansion work involving the 6th and 7th and 8th floor, in fact they were the original con- tractor for the entire buIlding. He said that they have solicited interest in this project with the very limited time schedule from other contractors in the Naples area and they indicated that they were not interested. Mr. Oorrill recommended authorization to waive the formal bid process and to allow staff to ~egotIate a contract which will be brought back to the Board for approval. Commissioner Rasse questioned if staff has always been satisfied with the work that Kraft has previously done for the County to which Mr. Dorrill said that they have no hesitancy in their recommendation. Mr. Oorrill said that they will negotiate a price and bring it back to the Board, and that it is the County Manager's recommendation that they get the best value for the dollar for something that will provide long-term needs instead of renting outside space. Mr. Lusk said that by finishIng the 8th fl~or they will be saving $40-50,000 in rent. Co..i..ioDer Vo.. aoved that .taff be authorized to negottate a contract with Kraft Con.truction Company for the completion of the 8th floor of Building ·r- and that the competitive bidding be waived for this project. Co..is.ioner Bolland ..cond.d the motion, adding that h. would like to ..e it don. a. expeditiously a. po..ible and brought back to the Board next week. The .otion carried 5/0. Item 115 Page 15 .. - - -,----, ,_._,."""", .'-'-...-- ."""' ¡;; 092M553 It.. 116 STIPULATIOII TO SETTU THE CASE or AACASPHALT, INC. VB. COLLIER COU1lT1: _ APPROVED. STAFr DIRECTED TO REVIEW NOISE ORDINANCE AND ORIGINAL AGREEMENT rOR COMPLIANCE WITH PUD /l!arch 18, 1986 Assistant County Attorney Cuyler referred the Commissioners to the document in the Executive Summary and said that as a result of two criminal citations that were issued to MacAsphalt, Inc., citing violations of the Collier County Noise Ordinance, MacAsphalt, Inc. filed a lawsuIt. H. said that at this point the counsel for the plaintiffs ia interested in a Stipulation for MacAsphalt, Inc. and Collier County which would conclude the suit. H. said that subject to that Stipulation is that the ordinance provIsion which they were cited for is not applicable to the. and that the ~rdInance provision cites certain ~ours within which an operation may occur and after those hours are ov.r, work may not go on. H. advis.d the Soard that if they enter into the Stipulation h. is in agreement that the that ordinance provision does not apply to a quarry operation. Responding to Chairman Pistor, Mr. Cuyler said that he will be taking a close look at the ordinance to aee wh.re it can be applicable and where it is not applicable. He said that the plaintiffs are very interested in maintaining their current worK schedule and they work during the night and the early hours and on occasion the County does get complaints about the noise. H. advised the Soard that this does not preclude enforcement of the noise ordinance against the quarry op.ration, it will just be a case where the County will have to get independent evidence. Responding to Commissioner Hasse, Mr. CUyler said that the suit was in response to citations that were issued to MaCAsphalt becauae of two parties complaining in the area. He said that as part of this case they had a sound expert go to various areas around the quarry and they did not find the readings l. .. excessive. Commissioner Holland asked if this is lhe only ordinance that covers excavations? Mr. CUyler said that they checked MacAspha1t's and their predecessor's PUD document and that hðs no regulations as far as the hours. He said to his knowledge the Excavation Ordinance does not addr.ss that. Commissioner Holland said that it was his understanding that the violations were occurring under thv Excavation Ordinance and the original agreement that the County had with the quarry was for hours that they would operate. He asked if any quarry in the County Page 17 - - - ______.......___.._.._...'..M"''",_ ... .. - - March IS, 1986 could operate 24-hours a day? Mr. Cuyler said that a portion of the probl.m was that MacAsphalt had started the quarry operation prior to the Excavation Ordinance going into effect and he did not recall any sp.cific hours in that ordinance. Commissioner Holland questioned if the Excavation Ordinanc. per se has any control and if the orignial agreement th~t MacAsphalt had with the County had any stipulation as to the time that they could operate and, also, as to their requirement to furnish a right-of-way running parallel with their property to their operation? Mr. Cuyler said that he ~uld check on those stipulations. Mr. CUyler said that he does agree with plaintiff's counsel that the ordinance does not apply to quarry operations. Mr. Mike Zewalk asked if the County has a decibel machine and Mr. Cuyler replied affirmatively; however, he pointed out that the ordinance does not have a decIbel reading. He said that there is a provision in the ordinance that says you shall not work after 7:00 P.M. until 6:00 ....M. the next morning. Commissioner HollDnd said that he interprets the Stipulation to mean that if it is approved MacAsphalt can ~perate whenever they choose. Mr. CUyler said that they were cited under the N~ise Ordinance and the only thing that the Stipulation does is say that the ordinance that says you may not work after 7:00 P.M. does not apply to them. Mr. Cuyler said that they may be subject to the Excavation Ordinance, the Noise Ordinance and their PUD. Mr. CUyler said that h. has looked at the PUD document briefly and th.re is a requirement that they have a certain siz. buffer along their right-of-way but it does not indicate that they have to improve the right-of-way nor does it state that it is a public right-of-way. He said that in emergency situations it should be used by members of the public. Commissioner Holland said that he has no problem with private enterprise op.ratin? but he do.s believe that there id such a thing as a good neighbor and good relationship. He said that he was told by someone at the plant that MacAsphalt did not care and that they were going to operate, and again he questioned if they have complied with their original agreement with the County an~ if they have met the rules and regulations of the Excavation Ordinance. He said that he would like to know that before he agrees to anything. Mr. CUyler said that the case is based on one specific part of one aoo\( 092 PAG£ 554 Page 18 ¡;':" ~ :; I~'~; , It" ¡¡; 092..'.£555 March 18, 1986 specific ordinance that they are agreeIng does not apply to MacAsphalt. He said that this Stipulation does not preclude them from being cited for other violations. Mr. ~na Watts, Plaintiff's Counsel, said that th~y believe that the complaints were started because the frontage road that goes along between the canal and the excavation pit was closed off by Mac....phalt and two people wanted to take the short cut to a paved road. He said that access was shut off and a private easement wös not given to these parties due to the dangerous situation involving a very deep canal on the right and the excavation pit and the lake on the left. Mr. Watts said that the ordinance is unconstitutional because it is vague. Mr. Witts said that the Stipulation they are entering into only applies to the situ~tion where aft.r a c.rtain hour a deputy cannot come in and issue a citation. He said that at midnight, standing on the corner of the operation, there was nothing to be heard. He said that experts compar.d their findings anG found them to be virtually identical. He said that if at any time the noise becomes excessive they can be cited under the Noise Ordinance. Commissioner Holland asked Mr. Watts if he does not feel that at any time the operation has caused any disturbance in the neighborhood? Mr. Watts said that he cannot answer that question. Commissioner Holland said that he was there and the company dId n0t ~now that he was coming, and that he has stood ~n the other side of the canal and felt vibration from the blasting. he said th~t he has had complaints from the Carpenter's Union that they cannot work after ~ certain hour, and said that he was talking about construction, and the complaints that he was talking about was that during the construction of the Collier Race Track, that the trucks were running and the plant was running, some- times 24-hours a day. He said that he does not believe that the Excavation Ordinance will let every quarry in the County operate at will. Deputy Chief Barnett advised the Board that the NoIse Ordinance is basically unenforceable. He said that you can hear the beeper on C.R. 951 at night from Macasphalt and the ordinance needs to have an -hour- put on it. Commissioner Hasse said that he has received many complaInts about the trucks going back and forth from Hacasphalt's operation. Commissioner Holland said that he cannot see why, when someone is disturbing residents, they should be allo~ed to operate at their Page 19 - .. - ....~..~_..."""-~ "~~'--"'-'-'''~- - - - choice. Chairman Pistor agreed, and limit in the ordinance for this type Offic. could take care of it. Commissioner Voss questioned if the Stipulation would eliminate the suit, and then the Commission revised and passed another ordinance, which had to do with hours, would today's action n~gate that ordinance? Attorney Sðunders saId that if the ordinance was amended to impose a time limit restriction on excavation, there is at least a good legal argument that that amendment to the ordinance would not apply to a prior permitted excavation project or quarry operation, but h. said that the Stipulation does not negate any future ordinanc.s the Commission may adopt. Assistant County Attorney CUyler said that if they formed an ordinance that had decibel levels, whereas a certain decib.l level constituted a nuisance, they would be subject to that wh.ther they were operating at four o'clock in the afternoon or evening. Co..is.ioner Voss aoved th.t the Chair.an be .uthorized to execute the Stipulation to dl..i.. tbe c.... Co..i..ion.r Goodnight .ecònd.ð the aotlon, whlcb c.rrled 3/2, Co..i..loner. Ba..e .nd Boll.nd oppo..d. Commissioner Voss instructed the staff to research the ordinance and com. up with an ordinance that is workable regarding sound. Commissioner Holland said that he would like to see the Attorney's Offic. directed to res.arch the original agr.ement with Macaspahlt, or whoever was the original company, to see if they have complied with the original agreement in the PUD, because it was not the n.ighbors that were complaining about access; it was the fire department when they had severe fires in the Golden Gate area. March 18, 1986 noted that if they put of operation, then the a time Sheriff's Mr. Watts said that during the time of the fir.s Macasphalt did everything possible to assist; they gave equipment, manpower and everything to be a good neighbor in that area. Commission.r Holland said that he under.tood that, but that there was no road access that h. was told that was in the original agreement. It.. U 7 BUDGET AMEHDMEHTS 86-191/193, .nd 86-196/198 - ADOPTED Co..i..ion.r Voss aov.d, ..cond.d by Co..ission.r Goodnight and c.rried unani.ou.ly that Budget ......nd..nt. 86-19l/193 and 86-l96/198 be .dopted. aOOK 092 PAGE 556 Page 20 ""<",~""."..."-"",,, -'---",,,,",,,,,;,,,-"_.. - - - March 18, 1986 Ite. 121 COIVIISSIOIIZR PISTOR TO ATTZIID FLORIDA COMJIIITTZI O. AGIIfG COIfrERDCE I. ORLANDO APRIL 1-2, 1986 - APPROVED Co..lssioner Bolland 8Oyed, seconded by Co..lssioner Goodnight and carried 5/0, that Co..lssloner PIstor be authorized to attenð tb. Florlða Co..ltt.. on A91ng Confer.nc. In Orlando on April 1-2, 1986. Ite. 122 RESOLUTIOIIS 86-48 AIm 86-49 RELATIIIG TO ILECTROIIIIC BALLOT TABULATIOIII EOUIPIIDT - ADOPTED. COIITRACT WITH SOUTBERlf GOVlR)fJII EIITAL SERVICES CO. rOR NEW EQUIPMENT - APPROVED Chairman Pistor said that this it.m is a request from the Supervisor of Elections for approval of soma ballot tabulating hardware and software, the money is in the budget, and that Mrs. Morgan has had quite a bit of research done fr0~ Florida State University. Co..I..lon.r R.... 8OYed, s.conded by Co.-Iaaloner Bolland and carri.d ananlaou.ly th.t the reco...ndatlon of the Superyi.or of Elections, a. contained In the Executive Sumaary dated be approved and tbat Re.olutlons 86-48 and 86-49 relating to the electronic ballot tabulation equlpaent be adopted and that the Chalr..n be authorized to sign the contract with Soutbern Goyernmental Service. Co. aoOK 092/'A('£ 560 Page 22 f ':,r I .;, 't ¡ -"'-..-.....-......,,'«,.........""". -,~-";""'---,~...,-'"'"....,,..- .._""-'...-..,..,---',-, ..~- ,'.. .- - - .. March 18, 1986 ... The fOllowing ite.. vere approved and/or adopted under the Con.ent Agenda by .otion of Co..issioner Voss, seconded by Co..issioner Holland and carried unani.ously, with the ex- ception of Ite. 23, being a..nded to waive the application fee. ... Ite. . 23 CARJlIVAL PEMIT 86-4, C~R IIOIITISSORI SCHOOL, IIIC. rOR A CARJIIVAL o. APRIL 6, 1986 - APPLICATION rEE or $200 WAIVED See Page!> ..s'lLj- -.59ó It.. 124 EXCAVATIo. PlIUIIT 110. 59.235 - -WOODSIDE APARTMDTS-, SIC. 12, T49S, R25E, MORTH SIDE or PI.E RIDGE RD. 1/4 MILl lAST or AIRPORT RD.- -WITH STIPULATIONS 1. Th. excavation shall b. limited to a bottom elevation of -0.5 ft. ngvd. All disturbed areas proposed for lake excavation shall b. .xcavat.d to a minimum .levation of +1.0 ft. ngvd. 2. No excavated material shall be removed from the project site. 3. Off-site discharge of groundwater during construction shall be only through approved discharge structures after water quality treatment approved by the County Engineer. 4. No Building Construction Permits will be Issued for any pro- posed construction around the perimeter of any lake unless and until all lake side slopes adjacent to the proposed con- struction has been completed and approved by the Collier County Water Management Department. Ite. 125 IXCAVATIOI PlIUII~ MO. 59.238 - -SZACBWALK-, SIC. 33, ~48S, R251, .ORTB MAPLES, WITH STIPULA~IONS 1. Lakes -A- , -B- shall be limited to a bottom elevation of -2.0 ft. ngvd. All disturbed areas proposed for lake excava- tion shall be excavated to a minimum elevation of -2.0 ft. ngvd. Lake -C- shall be limited to a bottom elevation ot -3.0 ft. ngvd. All disturbed areas proposed for lake excavation shall be excavated to a minimum elevation of -3.0 ft. ngvd. All lake side slopes shall comply with Excavation Ordinance No. 83-3, Section 8, B.I. 2. No excavated material shall be remov.d from the project site. t;". 092,A(;E574 Page 23 ....-j " I_ . .,----...-..._.~.,.. -, -... --~-~....>".._~._---- ---"'..."._...........,.... ___. ·,.o·,,·~~_."m""._'·,_,.._..,__ ,...., .... .... ~'~"'''"'~~'"~ " IOK Q92~ACt577 March 18, 1986 6. Memorandum dated 03/07/86 fro~ Fiscal Officer James C. Giles, to the Board, regarding Report of Expenditures and RemainIng Budget. as of Jan. 31st Justice Cent.r and Courthouse Expan- sion Projects. ~ferr.d t~ Lori zalka and filed. 7. Memorandum dated 03/10/86 fro. Fiscal Officer Jame. C. Gile., to the Board, regarding $24,240,000 Water-Sewer Revenue Refunding Bonds and attaching analysis. Referred to Lori za lka and filed. 8. Notice dated 03/05/86 fro~ the International ....soc. of Fire Fighters, Local 2396, Ea.t Naples, stating that employees of EMS have petition.d to join the local and their agreeing to accept them, and attaching form Request for Recognition and copies of employees' application for membership. Referred to Don Lusk, Burt Saunders, Neil Dorrill, Personnel and filed. 9. Notice of Voluntary DiSlllissal receiv.d 03/06/86 from David L. Jordan, Sr., Attorney, DCA, Land and Water Adjudicatory Com- mission, regarding Re.olution 85-267, Development Order for DRI known as the Parklands. Referred to Pam Brangccio, Vicke Mullins and filed. 10. Minute. of EMSAC of 02/12/86 and agenda for 03/02/86. Minutes of Library Advi.ory Board of 01/23/86. 11. Notice to State and Local Government PUblic Official recived 03/10/86 f rom the U. S. Dept. of Labor, su:nmarizing Compensa- tory Tiem Off, Multiple Job Situations, Volunteers, Discrimi- nation, Liability and Deferred pay.nent, and th. Effectiv~ Date of the fair Labor Standards A~endments. Referred to Burt Saunders, Paa 8rangaccio, Kerb Luntz and filed. *** Recess 11:25 A.M. until 7:30 P.M. *.. !. ~ .r,; r: () , ' :;:"¡;'eleJ J\<-~O\i?r ",\ ;':'~H?! hj,.ï!.'~" ( ,:, 't': '" ; I';" ~'" -.i: I ;, j I " .' '1.' ')\' . I ~. i,., ;,",. t,. 1¡,.:~'f1·~.;,: tH~~' '.n:. Pi' :'¡l, ',·f' ~) H;> ,,' ~. : f:'" . . '1. "',' ; ~ ~ t ~ :, i)¡ ¡, :;,J , " :- 1"-- Page 26 - - - ._--,.-""...,....~.',.-... ... -"'-'''_''",~".,.~",,,,,~,,,",.,,-;,.,... - - - March 18, 1986 The Board of County Commissioners reconven.d at 7:30 P.M. in Building -F- of the Courthous. Complex, East Naples, with the following 88111bers present: CHAIRMAN: John.... Pistor VICE CHAIRMAN: Anne G~odnight frederick J. Voss Max A. Hass. C. C. -Red- Holland ALSO PRESENT: Maur.en Kenyon, Deputy Clerk; Donald 8. Lusk, County Ksnager; Neil Dorrill, Assistant Coun:y Manager; Burt Saunders, County Attorney; Dave Weigel, Assist4nt County Attorney; Tom Kuck, Public Works Aðministrator; Dave Griscom, Public Works Adiministrative ....sistant; Robert fahey, Solid Waste Director; Tom Olliff, Assistant to the County Manager; Nancy Israelson, Administrative Assistant to the Board and Sargeant David Johnson, Sheriff's Department; It.. 134 DISCUSS 1011 or PROPOSED ORDIIL\IICE RZ I'IAIrDt\TORY TRASH COLLI:CTIOII. STAPP DIRECTED TO PINALIZE ORDI......CE, PREPARE DISTRICT BOUNDARIES, AND BRINa BACK ANTICIPATED COST or SERVICE TO THE ICC OM 6/10/86 Legal notice having been published in the Naples Daily News on february 25, 1986, as evIdenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider a proposed ordinance regarding mandatory solid waste collection. Assistant County Manager Dorrill stated that he is contemplating adoption of the mandatory solid wast. ordinance as quickly as possible and, in conjunction with that, a thorough revie~ of the rates charged by the three franchise haulers in the County. Public Works "'dministrative Assistant Griscom showed video tapes of various areas throughout the County that have illegal dumping. Commissio~er Pistor questioned if any names were found on any of the material in the illegal dumps, to which ~r. Griscom stated that some corr.spondence was identifi.d by address labels but that is not sufficient grounds for prosecution. He stated that there has to be an eye witnuõs to the actual act of dumping. He noted that the County has a program where one full time deputy tries to catch and prosecute people that are illegally dumping. He stated that there are approximately one to two convictions per month, noting that this program has been going on for about two years. He noted that these pictures wvre taken on private property and it is a zoning violation. .o~ 092 PAGf 578 Page 27 I ~ '_'_',...,.>."..._,...,,,,,..,."",,,~ ., . 'lOOK u92PA~[519 March IS, 1986 noticed, they are turned is notified that it .ust He stated that when these areas are the ZOning Department and the owner up or they will fac. a fin.. ....sistant County Manager Dorrill stated that the extent of illegal dumping is wid. spr.ad through~ut the County and it is not a problem that is only in one community. He stated that the reason for mandatory collection is to prevent illegal dumping and improper dumping. He stated that ~ndatory collection requires three polley decisions, one being to define the districts that are to be included in any consideratIon for mandatory collection. He stated that there would have to be an analysis of the rat.s and the fees that are charged. R. stated that the seconi policy decision is to determine the extent of services to be included in mandatory collection, which are residential, commercial and industrial wIth a definition for each. He noted that the third policy decIsion involves funding and billing for the service. H. stated that this could be done by ad valorem taxes, special assessments on the tax roll, special assessments individually, or special billing by the franchise haulers or the County. Assistant County Attorney Weigel stated that the basis of the ordinance is to avoid littering in the County ~nd to provide for the public health, safety and welfare and also to provide a commonality of the waste stream within the County so that there is not a chance for continued problems of litter through the County. He stated that the ordinance creates 3 municipal benefit units which match what is currently the franchise service areas. He said that the ordInance provides for residential, commercial and intustrial cOllection. He stated that there is a trust fund established by this ordinance for each municipal benefit unit and the funds ttat are collected are clearly earmarked and held for the payments of the cost for the services provided for in that benefit unit. He noted that waste must be packaged properly to be picked up and service for residential units cannot be terminated, but service to comm~rcial units mAY be terminated as provided by this ordinance. He noted that penalties in this ordinance are separate from the violation of non-payment. He noted that the ordinance provides for a $500 fine or 60 days incarceration, or both, for illegally getting rid of the ~aste in a manner that is contradictory to the ordinance. He noted that there are exemptions provided for in the ordinance for people th,t have a permit and a proper vehicle to haul such waste materials. over to be cleaned Page 28 .. .. - -'·",_"~,,,,,,,,,o,,..,·,,",, ",~",,,,,,,,,,=-,,~,,,",,,,.,,,-.,,...,,,,-_..__. - - - Much 18, 1986 County Attorney Saunders stated that un~er this ordinance a single faaily resid.nce can still co~p~st. eat.rial, but if the mat.rial is going to be discarded it will have to be pic(ed up by a franchi.. hauler and the charges for that pickup service will appear on the tax bill. He noted that on a commerical constru:tion site, this ordinance does not change the existing law that permits, under existing County ordinances, contractors to bury material on =onstructia~ sites as long as that material is inert material as defined in the ordinance which is defined as brick, block, concrete, rock, sto~e, earth and sand .ssentially free from conta~ination of oth.r types of combustible waste and capable of serving as a fill ~aterial without harm to grounðwater quality. He noted that the original definition of inert materials was changed by the Solid W~ste Advisory Committe~ and he would recommend that this change be approved. He stateð that under certain circum- stances under existing County ordinances, burning permits are avail- able. He stated that on a construction site the owner or the contractor is able to haul the material t~ a~ approved County facility pursuant to a haulers permit or an exemption permIt, or the contractor or owner would have to utilize the services ,f a franchis.d hauler and would have to contract and pay the commercial rate for that service. He stated with regards to an on-going commer=ial establishment, the owner has two choices; one being to apply for an exemptIon permit and haul the material to an approved County facility on his own or to contract with a franchise hauler for the pick-up and d.livery of that material. He stated that another example would be in a farming situation, where a farmer can still bury material or burn mat.rial on his property if p.rmitted under .xisting law or it can be hauled to the approved facility himself or contract with a franchised hauler. He reported that the commercial and residential rates to be charged for the solid waste pick-up service will be set by the Board at advertised public hearings. Dr. Stokes, Chairman of the Solid Waste Advisory Committee, stat~d that the committee has worked with the County staff for about a year on the question of mandatory collection, adding that they have been given repeated drafts of the ordinance to review and they have given their input. I~ stated that as a result of the commIttee's actions, a number of changes have been made and the Committee now believes that in view of this complex and pressing matter, the ordinance has now been developed to a stage that it can be recammended to the Soard and to the DOOK 092 PAr,l 580 Page 29 --,,,,.,.__.".__.,.~_.."~ 10IK 092 PAr.{ 581 March 18, 1986 people of the County for enactDent. County Attorney Saunders stated that he ~uld like to thank the Solid waste Advisory Committ.ee for their time and efforts in helping to prepare this ordinance. The following people spok. in favor of mandatory trash collection, citing the desperate need to protect the groundwater quality and to cl.an up the environment and the County as there is too much illegal du::tping: Kathleen Ennis Vi Barclay John Cash.ll Chester CO_back Charlotte Westman Hr. Glen Thornton stat.d that h. is in favor of ~ndatory trash collection, but the ordinance does not cover palm limbs, etc., noting that these items would still have to be bagged and people will not do this. He stated that they will haul it out to the woods and dump it. ea stated that this ordinance 1. only to take care of half the trash and it should be done the sa.e way as the City of Naples do.s It. County Attorney Saunders stated that the ordinance indicates that there is unlimit.d pIckup of all garbage and solid waste as long as it is properly containerized and containers are not to exceed 32 gallons, or in sealed plastic bags or tied in bundles not exceeding four feet in length. Solid Waste Direct~r Fahey stat.d that the franchise agreement that exists is limited according to weight and size of material that they will pick up in order to prot.ct the health of their p.ople. Commissioner Pistor stated that Mr. Thornton has a good suggestion and they should look into picking up material as the City of Naples does, addIng that it is something that should be considered in the franchise negotiations. Mr. George Keller stated that he would like to know what the annual fee will be per family, to which Commissioner Pistor stated that no decision has been made on this issue yet. Hr. Keller indicated that these things should be done before an ordinance is pas.ed. Hr. Joe Grimm questioned what justification there is for a mandator) trash collection ordinance, to which County Attorney Saund.rs stated that when films were taken, newspapers from Collier County wore in the waste, addr.sses of residents in Collier County were also found in the waste, and the Sheriff has gotten several convictions of Collier County residents dumping waste which Is conclusive evidence that at least a portion of this waste is generated in Collier County. page 30 .. .. - --...... . ., ~ """--~"~_.......,,,,,------,- .. .. .. March 1"" 1986 Mr. Grimm stated that a franchi.e. could be dumping this on the .ides of roads Instead paying to dump it ht th~ landfill. Commissioner Goodnight stated that tre worñ~ arca for dumping is in I~mokalee, addIng that the franchisee in Immokalee would not dump the trash in the area where the trash is collecting and no one from any other part of Collier County is going to go to Immokale. to dump their trash. Assistant County I13nager Dorrill stated that the fact that there is garbage illegally dumped allover the County i. an indication that there is a problem. He stated that a regulated utility, which the franchise haulers are, have their fee determined by two things; an element of their cost and a return ~n their investment and in order for them to prove their cost, they are subject to audit. He .tated that if they are dumping illegally in the woods, there i. no way they can sh~w the cost associated with properly dumping their garbage and the needed receipts from the County landfill. In answer to Mr. Grimm, County Attorney Saunders stated that if there is a single-family residence that is occupied or capable of being occupied or has a -C.O-, that residence will .till be a......d ev.n if the residents are not in the County for su~stantial period. of time, including an entire year. Mr. Grimm questioned if individuals haul their own waste will the tax still be levied, to which County Attorney Saunders stat.d that the exemption can only be acquired by the commercial operator, but all residential units will be a.sessed. County Attorney Saund.rs stated that at the meeting of the Solid Waste Advisory Committee, the issue of burning waste was discussed and there has been a task force set up to study what can b. done about burning, with recommendations to be brought forward in the futur.. He noted that this would affect the burning ordinance that already exists in the County and would oe a separate issue at that time. Mr. Douglas Jones questioned if the transfer station on Marco Island will be closed if this ordinance goes into effect and if lawn maintenance people on M5rco Island have to have a special permit for the hauling of clipping. from customers lawns? County Attorn.y Saunders stated that in order to haul any type of clippings, branches, etc. from a customer'. lawn, a permit 1. necessary. Solid Waste Director fahey stated that it is conceivable that the aDDK 092 PAr.E 582 Page 31 .,._"_,...,_.,,,.___.,,.o>_,._,,~.""."_"""'"'"~""'''~'._'''''''_' "_~~> ,aÓOK 092PAGE~~tt March 18, 1986 present sta~~o~s may be modifi.d, but there will have to be sufficient users to adequately support the transfer stations. Commission.r Pistor stated that the transfer stati~ns will be kept going as long as the n.ed is there. .....istant County Manager Dorrill stated that the C~unty i. anticipating that nee~ because they are getting ready to go to bid for the replacement of a lot of the current transfer .tation equipment. He stated that there is no consideration at this time to close any of the County's tran.fer stations. Commissioner Holland stated that there are law. on the books that are not being enforced, adding that he woul~ like to feel good a~ut a mandatory trash collection ordinance before he approves one. He stated that in the City at Naples, there is garbage collection but if tra.h collection is wanted, there is an additional charge for it and a lot of these thing. are not addressed in this particular ordinance. Commissioner Pistor stated that before thIs ordInance is passed there should be a rate analysis made for the different areas and it should then be reviewed every year. Mr. Ron Markham of Yahl brother. .tated that he cannot give a price, adding that he does not know if the price will go up or down as it depends on what type of service is wanted and needed. He stated that he will have to hire additional personnel and purcha.e additional .qui pmen t. Assistant County Manager Dorrill stat.d that the County Manager has indicated that if as a result of the rate analysis, the cost to l~lement mandatory trash collection is 90i~9 to increase, then his recommendation would be against it. County Attorney saunders stated that if the Commissi9n doe. not take action on this item at thIs time, they must continue this public hearing to a date certain or it will have to be re-advertised. Assistant County ~ðnager Dorrill stated that he would re-advertise when the Staff feels that they are ready to continue with this, adding that he needs direction from the Board with regards to determining the di.trict boundaries, the negotiation of the contract for a rate analysis and franchise agreement, and the method of billing. Co..i..ioner vo.. ~Yeð, .econded by Co.-is.ioner Goodnight and carried unani.ou.ly, that Staff be directed to finalize the ordinance, deter.ine the district boundarie., negotiate both the rate and franchi.e agree.ents and perfor. the analysis n.cessary to deter.ine Page 32 - - - ""-_._,,...,--~-----, .. .. .. /'larch 18, 1986 what the rates will be within the defined districts and pursue a special ..cbani.. for billing by special a.se.sment or Independent bl111n9 and brln9 to the Board on June 10, 1986. . . . . . . There bein9 no further business for the Good of the County, the meetin9 was adjourned by Order of the Chair - Time: 9:55 P.M. BOARD OF COUNTY COMMISSIONERS/ BOARD Of ZONING APPEALS/EX OFFICIO GOVERNING 80ARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTRO L Ç(. ¡¡;, tc PISTOR, HAIRMAN oved by the BCC on ~c;.¿) tl;1',,'ø or as corrected as ", f, F!' .OOK 092 PAGE 584 Page 33 ,~ ~ ~ , y{ ~ ,~ ,'. ,~ .' ,-~_._~.~---~"~.---_.._-"