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BCC Minutes 02/13/1978 C Naples, Florida, February 13, ]978 LET IT BE REMEMBERED, that the Doard of County Commissioners in and for the Countj of Collier met in CONFERENCE SESSION in Building "F" of the Courthouse Complex, Naples, Florida at 9:05 A.M. on this date with the following members present: CHAIRMAN: C. R. "Russ" Wimer VICE-CHAIRMAN: John A. Pistor Clifford Wenzel David C. Brown Thomas P. Archer ALSO PRESENT: William J. Reagan, Clerk; Harold L. Hall, Chief Deputy Clerk/Fiscal Officer; Debbie Pantano, Deputy Clerk; Donald Pickworth, County Attornoy; Irving Borzon, Utility DirectorJ Dave Reeves, Chief of Golden Gate Fire Department; Jack Shealy, Chief of Ochopce Fire Department. AGENDA A. Discussion of proposed ordinance expanding the dis- trict boundaries for the Ochopee Area Fire Control District D. Discussion of proposed ordinance expanding the dis- trict boundaries for the Golden Gate Fire Control Djstrict C. Discus~ion of draft amending the No-Smoking Ordi- nance which would eliminate the optional provi- sion which would prohibit smoking in lines where people must cong: .gate to obtain services as re- qui~ed by law, such as the tax collector, etc., D. Discussion concerning permit requirements re the agreement between GAC and Collier County regarding cleaning the south canals (Added) DISCUSSION OF PROPOSED ORDINANCES EXPANDING THE DISTRICT BOUNDARIES FOR TilE OCHOPEE AREA FIRE CONTROL DISTRICT AND THE GOLDEN GATE FIRE CONTROL DISTRICT - TO DE PLACED ON AGENDA FOR REGULAR SESSION FEBRUARY 14, 1978 For purposes of discussion, Items A & B on the Agenda were dis- cussed simultaneously by Chief Deputy Clerk/Fiscal Officer, Harold lIall. He began by explaining the proposed ordinance expanding the Ochopee Area Fire Control District would include those areas of Chokoloskee, Carncstown, and an area approximately 1/2 mile on either side of U.S. 4 11 bk 4 0 412 hk 40 February l3, 1978 41 from Carnes town to ROY8l Palm HammockJ the westernmost north-south beoundary would be extcnded to Alligator Alley, to a point three miles west of SR29; also, the rescission of authority to operate an ambulance service would be deleted from the ordinance amendment. Mr. 11all referred to the map provided to show how the boundaries would be expanded for Golden Gate Fire District and East Naples Fire District. lie stated that the managcment team recommendation has been discussed with the Ochopee Fire Chief in that they would take care of the more densely populated area (~eferring to map); also to come westward of the eastern section of U.S. 41 and take in the populated area all the way to Royal Palm Hammock, east of which is now served undor contract by the East Naples Fire control Dia- trict. lie further stated the second part of the management team recommendation is to not change the East Naples Fire control District at all but keep under contract with East Naples District a certain section of Fire District '1 (referring to map) leaving the less in- habitcd area as not being a part of any certain fire control cis- trist; do not chango the Golden Gate Fire Control District boundaries at all, leaving certain section of Fire District '1 (referring to map) under contrar.t to Golden Gate and not putting into any particu- lar district an area cast of Golden Gate and an area south of the Alley, both areas which have very few inhabitants. Mr. Hall said East Naples Fire Control District is requesting a legal basis for running rescue service to Alligator Alley and asked the Board to enter into a formal agreement on this matter. Mr. Hall stressed the fact that the major ccnsiderations for expanding these two districts is that there are certain areas which definitely need fire protection but there is a need for additional revenue to do so with full-time employees and all full time employees except the Fire Chief are CETA employees who soon must 00 off CETA and onto regular employment, either with Golden Gate or elscwhere. Mr.llall stated there are 3 al- ternatives for Golden Gate Fire District: February 13, lS78 1. Increase taxes in the current area 2. Incrense the area to bring in broader base and added r~venue 3. Stay within the area and revenue they have and provide Bervices accordingly Mr. lIall stated that all fire control districts wanting to from volunteers to full-time professional firemen encounter the problem of additional revenue. Mr. lIall then called on Chief Jack Shealy, Ochopee Fire Department, to comment on tho matter, saying that the Chief has acquired signatures of residents from the Chokoloskee and Carnestown areas stating they would like to be serviced by a fire control district. Chief Shealy stated he has approximately 200 signa- tures, possibly more, from the residents and he forsees no problems with servicing the proposed boundary expansions. Chief Shealy com- mented on the fact that these areas in question were excluded from thc original plan of the Ochopee Fire Control District which he did not understand. Commissioner Archer asked if the Ochopee District has the capabilities to cover as much area as proposed by the expansions to which Chief Shealy replied they have 5 vehicles, 5 trucks, and 2 cars for the District, further stating that providing additional trucks will not be too much of a problem. Mr. Harold lIall stated that if a proper legal description could be worked out by tomorrow with Mr. Colding's office it will be possible to get it on the 1978 tax roll. Commissioner Wenzel stated the millage increase should be justified. Referring to the map, Mr. Hall stated that certain sparsel populated areas were discussed for service by a newly created Fire District '2, if the Commission decides the area should be provided with firc protection. ^ low service area could be created, next year, as another fire district (District '2). Chairman Wimer commented that he thought the proposal was a good solution to the problem. Utility Director Irving Berzon, on the East Naples matter, stress that the contract under discussion for Alligator Alley is solely within the right-of-way and East Naples Fire Department would 413 bk 40 414 bk 40 February 13, 1978 not be permitted to go beyond the rights-of-way. The Chairman stated that the staff recommendation is that the Board withdraw their support of the proposed legislation and continue to con- tract with ENFD and work out an agreement to provide service along Alligator Alley. Chief Dave Reeves, Golden Gate Fire Control District, stated the proposed boundary expansion for Gold~n Gate as indicated on the map is not in accordance with his recommendations. He st3ted he did not propose any area below Alligator Alley and this was done at a later datc by the former County Manager and staff with the assumption that the Commissioners would provide fire protection for most all of Collier County. Chief Reeves stated that for the past 3 years he has becn going on calls that have been out of his district to thc cast; these people arc not paying for the services, however. Chief Reeves pointed out the problem created by persons paying for undeveloped properties in Golden Gate in that so far these properties are not heing taxed for fire protection. Chair- man Wimer read from a part of the staff recommendation: "We recom- mend the status of the districts remain as they are presently con- stituted and continue to serve those portions of Fire Control Dis- trict tl as provideu in the existing agreement. We make this recommendation because wo have been shown no evidence to indicate that the property within area of proposed annexation would be re- ceiving any proportionate share of the benefit for which they would be paying; further we feel the interests in the areas beyond Fire Control District *1 would best be served by the creation of a Fire Control District 12 which would levy taxes less than 1 mill, commensurate with the estimate of services to b~ February 13, 1978 rendered; this district could contract for services with the other fire districts as is rrescntly b~ing done with Fire District 11" and asked Chief Reeves his opinion of the recommendation. Chief Reeves commented he did not feel an additional fire district would be the answer as he felt the creation of Fire District 11 was a mistake. Chief Reeves then commented on the problems he foresees in the future in regards to the Fire Control District 11 and Any others that may be created. The question of sub-districts was raised and Mr. Hall stated that the establishment of sub-districts would create a problem in that the houses in part of the Golden Gate areA were very scattered and it would be difficult to establish boundaries. Referring to the map, it was determined what area would be considered District '2 if desired by the Board. Mr. Derzon stated it would be a lower tax area. Mr. lIall stated there is not enough time to take the area (referring to map) into any district other than Golden Gate District in this current year as the proposed ordinance has already been processed and would take too long for any modifications or changes to be made. Chief Rncves stated he had no argument for East Naples Fire District to service the Alligator Alley as he feels it docs not matter who serves it just as long as the people are protected out there; he felt the Fire Departments should work in harmony among themselves. Mr. Derzon brought out that at a meeting of the management team and the 1 fire chiefs last week, it was concluded that more than likely the East Naples District would be the one to service the Alley as Chief Reeves had stated at the meeting he was satisfied with his boundaries as they are~ for that reason, there is no one at this meeting repre- senting East Naples Fire District as they felt Mr. lIall could handle their request for them. Chief Reeves stated that in the proposed ordinance he requested to include the words "rescue service" because of lack of definition between that and the word ambulance. Mr. Dan 415 bk 40 416 bk 40 February l3, 1978 Nichols, rcsident of a sparsly populated area not covered by fire protection, statmthat the area in which he is living is rapidly be- coming populated. Mr. Nichols suggestcd possibly, in the future, an independent fire district could be created but right now the Golden Gate Fire District is the best answer. !4r. Arthur Kaplan, President of the Golden Gate Civic Association, stated he agrees with the recom- mendation of the mnnagement team that no expansion of boundaries take placc at this time because the Fire District does not have the neces- sary equipment or manpower to take care of this expanded area. He further stated that the Golden Gate Fire District has proposed an ex- pansion area of about 63 square miles. Mr. Kaplan estimated the dis- tance from the firehouse to the most northeast part of the proposed expansion is 16 miles which will take a long time for a fire truck to get there. Mr. Kaplan informcd the Doard that at the meeting of the Goldcn Gatc Civic Association last Monday night, a motion was passed by majority rule, that no boundary expansion take place until a feasi- bility study could be made so that when expansion does take place, the ability to r.are for that area will be there. Chairman Wimer stated he feels the staff recommendation will solve both problems in that the expansion of Fire District ~l or the creation of another fire district, all homes in this area would be covered by fire protection by contract- ing with either Goldcn Gate Fire District or East Naples Fire District. Mr. Nichols pointed out the fact that Golden Gate Fire District would ~ake out good if they took on the extra area considcring there are few inhabitants and would probably not be called out to that area very often. Commissioncr Pistor asked Mr. Kaplan if they are planning on hiring full-time firemen, where is the money coming from? Mr. Kaplan statcd that even taking on the expansion area would not bring in suf- ficient funds to pay for full-time firemen and right now there is no answer for that question. Mr. Jon Muelenberg, Golden Gate Fire Dis- t~ict Advisory Board, stated his Doard has been studying this proposal February 13, 1971 for at least a year and he feels there is sufficient equipment to cover this ~roposed Lrea and is only interested in the area that was proposed originally. Mr. Muelenberg stated that he had been in contact with some people in regards to obtaining land to put up a sub- station in the future but feels there is adequate equipment now to cover the District for the next two years and requested the Board to consider the original boundary expansion. Chairman Wimer stated he had received letters from the Kiwanis Club and the Golden Gate Fire Association requesting the boundaries be expanded and asked Mr. Muel- enberg if he would have any objection to the staff recommendation of contracting rather than expanding to which he replied only if that was the last resort but that in the future it would create some pro- blems and that for now the main problem would be taxing as the people will not be taxed for the service until next year. Chief Reeves stated that if the area continued to contract with the fire district he needed direction from the Board as to what procedure to follow for this coming year and asked if no action was to be taken on the district expansion could it be added to the proposed ordinance to add the word "rescue" fOl clarification p1lrposes. Chairman Wimer said these questions would be taken care of when the appropriate action is taken tomorrow as it is on the Agenda for Regular Session for February 14, 1978. PROPOSED ~NIMJ\L ORDINANCE Commissioner Wenzel noted there is a Public Hearing scheduled for February 14, 1978 on the Animal Ordinance and asked why it is not being workshoppcd. Mr. Derzon, Utility Director, explained it will be post- poned for two weeks as Dallas Townsend, who is very much interested in the ordinance, will be away for 2 weeks and requested it be postponed until his return so he could be available for the hearing. ~lr. Don Pickworth, County Attorney, said that a Work Shop Session is to be scheduled concerning this matter. 417 bk 40 418 bk 40 February 13, 1978 DISCUSSION 0F DRAFT ~ENDING THE NO-SMOKING ORDINANCE REPRESENTATIVES FROM THE CHAMBER OF COMl>IERCE, RESTAURANT ASSOCIATION AND THE HOSPITAL TO DISCUSS THIS ITEM WITH MEMBERS OF THE BOARD PRESENT Mr. Don pickworth, County Attorney, stated he had no draft amend- ing the "No-Smoking Ordinance" written up as yet as he did not think it was the Board's intent to eliminate the optional provision in the prescnt ordinance. Chairman Wimer stated he had met with Mr. Vernon MacKenzie and Mr. Harry Olne!ls and decided they would send letters to those organizations opposing the ordinarice to come in and meet with Messrs. MacKenzie and Olness. Commissioner Drown stated he had made a specific rcquest that a copy of the Dade County Ordinan~e be brought in for the Board's review. Commissioner Pistor commented he felt that the issue should be worked out with the opposing side before coming to thc Doard as there is an ordinance on the books now concerning the owners of public establishments being able to post "No-Smoking" signs in their place of business if they so desir~d. He further stated that trying to take out the optional provision in the present ordinance would create a conflict with these business owners. I;" cited ad an example the Hospital who had stated it would not do anything to enforce such a law; Commissioner Pintor felt it should be made clear the Ordi- nsnce in question is not a "No-Smoking" Ordinance rather a "Health Ordinance". Mr. Pickworth pointed out that many Counties have varied ordinances pertaining to the subject to which Commissioner Brown stated that was the reason he had requested a copy of the Dade County ordinanc to be used as a source material in outlining their own. Commissioner Wenzel stated he felt the ordinance should be outlined such as to pro- tect the patients in the hospital where they would have the right to not allow smoking in their rooms as well as the Enlergency room further stating as another example the Tax Collector's office having signs posted to the effect "No-Smoking in Line" so as not to force the non- smoker to go outside to get fresh air rather the smoker go outside to smoke. Commissioner Wenzel suggested that if the ordinance was changed February 13, 1978 to a "IIealth Ordinance" it would be approached from the right angle. ^~nin, Chair~an Wimer stated this was the rcason he thought the two ~\des should have a meeting of their own and come to an agreement as to what kind of ordinance they wanted reviewed by the Board. Chairman Wimer stated, in his opinion as a non-smoker, he would like to see an ordinance passed that would protect his rights but wanted it made clear he would not approve one if it did not appear to be fair and equitable. Mr. Pickworth explained that there are various levels of regulation concerned with passing such an ordinance and suggested that the committee be presented all the levels which could be used and let them decide what regulation level they will Agree to. Com- missioner Arcner pointed out that Mr. MacKenzie and Mr. Olness and their group wants more than just an amendmcnt to the present ordi- nance; they want total contr01 of where smoking is permitted in Collier County, further stating he felt that the government does not have the right to impos~ on private industry or privately-owned buildings; but as far ns the Government Complex is concerned, the Board has the right to prohibit smoking in the buildngs with an ex- ception to thp. County offices as that would result in employees leav- ing their desk to smoke and that also pertains to any other public- owned buildings. Commissioner pistor agreed with Commissioners Archer and Wen7.el in that the Board should take steps to post signs in the County buildings prohibiting smoking in the halls, excluding the hall outside Boardroom "F", and other places in the County where the public congregate, the Tax Collector's office, for example. Utility Director Irving Berzon commented on the stand the Hospital took on this matter saying he felt smoking creates many problems in hospitals and there are very simple, practical solutions to these problems if the Hospital would take them on and suggested getting the Hospital staff to meet with the Board to discuss these solutions even if nothing else is done about the ordinance. Chairman Wimer assured Mr. Berzon the Hospital is on the list to meet with Messrs. MacKenzie and Olness along with 419 bk 40 420 bk 40 February 13, 1978 the Chamber of Commerce and th~ Rp.Rtnurnnt Association. Com- missioncr Brown wanted to know how it is posaible to keep people from drinking whiskcy or smoking marijuana in public and not being able to stop them from smoking cigarettes stating it is the con- stitutional duty of the governmcnt to build a nation of strong- bodied, healthy-minded peoplc. Mr. Pickworth again stressed the point of looking at this ordinance from the "health" angle. It was determined that the meeting be held between the various agencies to determine exactly what changes, if any, to be made in the present ordinance. DISCUSSION CONCERNING PERMIT REQUIREMENTS RE THE AGREEMENT BETWEEN GAC AND COLLIER COUNTY REGARDING CLEANING THE SOUTH CANALS - COUNTY ATTORNEY AUTIIORIZED TO SUBMIT A REQUEST FOR DECLARATORY STATEMENT CONCERNING PERMIT REQUIREMENTS TO TIlE SOUTH FLORIDA WATER MANAGE- MENT BOARD County Attorney Pickworth stated that Collier County and GAC have signed an agreement where GAC will clean the south canals and the County will th~n take over and that a question was raised with DER and the Water Management Board as to whether the County and/or GAC will need a permit. Mr. pickworth requested authorization to submit a Request for Declaratory Statement in order to find out exactly what the tcrms of the required permit will be. Commissioner Archer made a motion to authorize the County Attorney to submit a Request for Declaratory Statement concerning permit requirements to the South Florida Water Management Board, seconded by Commissioner Pistor. Commissioner Wenzel stated he had a report which said the canals should not be cleaned as the growths help retain the water. Commissioner Archer stressed that the Board had no obligation to clean these canals but is obligated to maintain them. The motion passed unanimously 5/0. . . . . . . . . . . . . . . The meeting was adjourned at 10:45 A.M. by order of the Chair.