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BCC Minutes 12/18/1978 C .1 '. . ~. . . ..' ... Naples, Florida, December 18, 1978 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Governing Boardes) of such speoia1 districts as have been created according to law and having conducted business herein, met on this date at 9105 A.M. in CONFERENCE SESSION in Building "F" of the Courthouse Complex with the following members presentl CHAIRMAN: David C. Brown VICE-CHAIRMAN I Clifford Wenzel John A. Phtor C. R. "Russ" Wimer Thomas P. Archer ALSO PRESENT I William J. Reagan, Clerk, Harold L. Hall, Chicf Deputy Clerk/Fiscal Officer, Edna Brenneman, Deputy Clerkl C. William Norman, County Managerl Donald A. Piokworth, County AttorneYI and Clifford Barksdale, County Engineer. AGENDA BOARD OF COUNTY COMMISSIONERS WORKSHOP AGENDA December 18, 1978' 1. Discussion of certain a.pect. of new budget with Clerk Reagan and Fiscal Officer Hall. 2. Proposed W.~.I. Solid Waste Collection Service Franchise. 3. Discussion of Resolution of April 4, 1978 - discontinuance of County trash pickup. 4. Senior Citizens Center. 5. Roport by Library Director on recommended appropriation of state Library Aid Funds. 800K. ol/.If f~6e'100' , " . ~ - - ---- eoo( 044 PA~E 701 . December 18, 1978 DISCUSSION OF CERTAIN ASPECTS OF CURRENT BUDGET WITH CLERK t~ILLIAM REAGAN AND FISCAL OFFICER HAROLD HALL, BOARD GIVES TENTATIVE APPROVAL TO HIRING "BUDGET ANALYST" Clerk William Reagan prefaced his comments by stating he was not addressing the Board to discuss the financial status of the County, noting that the County is in "good shape" finanoially and that preparation of the Annual Report required by the State is in process by Fiscal Officer Hall and the Finance Department and will be completed by December 28, 1978. Mr. Reagan said that, as listed on the agenda, his purpose is to discuss certain aspeots of budget preparation which was touched on briefly during the budget hearings the past summer at which time it was noted that the Board had two options in this regard, one being to have the budget prepared by someone other than the Clerk, the other being to continue having tho Clerk prepare it ~hich he is prepared to do, however, said Mr. Reagar he will need some aid. He referred to the color-coded chart previously distributed to the Board members by Mr. Hall to point out that, despite the growth in operations, the Clerk to the Board staff under l-lr. Hall has only grown in number from 2S to 28 employees in tho past four years. Basically, said Mr. Reagan, same amount of staff is handling double the amount of transactions and work volume. ContinUing, Mr. Reagan stated that the type of person required is not a $3.00 per hour indiVidual, but rather someone in the range of $16,000 annually. He said that during the past year the Fiscal Offi~er worked more than he should have for budget preparation, adding that the County has gone past the point where budgeting is a three-month operation and, in fact, work is still being done on the current budget even though it was closed out in September. He said he disliked making the requastbut if other counties are looked at it will be noted that they are outdated in this area and that Collier County has a lot to be proud of with regard to how the accounting is handled but in the budgeting process which basically assists the December 18, 1978 Board and management and which will, hopefUlly, reduce some costs in the coming years, the area needs to be improved and that some assistance is needed by Mr. Hall. Chairman Brown stated that the request is not a surprise to him and that he can see the need for fulfilling the request made. Commissioner Pistor observed that he also antioipated Mr. Reagan's request having work~d as closely as he did throughout the bUdgeting process expressing his concern over the long hours spent by staff personnel in this regard. Mr. Reagan stated that he does not want to see that happen in the future, pointing out the reasons why it was necessary. He said that what is needed is more analysis of what is being done, adding the comment that budgeting is more important than just getting all the information together as fast as possible for presentation to the Board. In further response to Commissioner Pintor, Mr. Reagan said that what is needed is one coordinator working directly under Mr. Hall, taking direotions directly from him, and that once the prooess has been gone through initially, the overtime will be drastically reduced and the staff to assist him can be "farmed out within house". Commissioner Wenzel stated that he has seen the need for a fiscal assistant for some time. Commissioner Wimer expressed agreement. Commissioner Archer conourred, noting that he too understands the need and, in his opinion, the Board should go along with it. Further discussion followed with Mr. Reagan referring to the prepared list of responsibilities and time schedule involved prior to the time when he is required, by law, to submit the budget to the Board. Concerning the title to be assigned, it was Mr. Hall's suggestion that he be considered a Budget Analyst. Commissioner Pistor moved, seconded by Commissioner Wenzel and carried unanimOUSly 5/0, that Mr. Reagan be authorized to hire a Budget Analyst. ~.J~~ U44 fA~r 702 , , -~""""'_Il'W""""'" .......~ ~m 044 ~703 December 18, 1978 In response to Commissioner pistor's inquiry about the receipt of monthly reports, Mr. Reagan said that they are presently being prepared with Mr. Hall advising that a copy can be routed to each Commissioner, if desired. Commissioner Pistor observed that it might be well for the Commissioners to have them. DISCUSSION OF PROPOSED WMI SOLID WASTE COLLECTION SERVICE FRANCHISE I STAFF DIRECTED TO WORK WITH APPROPRIATE PERSONS RE DRAFT OF NEW FRANCHISE CONSIDERING VARIOUS MATTERS DISCUSSED DURING SESSION, REC- OMMENDATIONS ON LEVELS OF SERVICE TO BE PROVIDED County Manager Norman reviewed the results of a meeting held sometime ago with representatives from Waste Management, Inc. and the consultant engaged by the County with regard to the method of setting a reasonable rate of return for franchisees in the waste mAnAgement field of endeavor and the consultant's recommendation was that, because of the unknowns involved, before a franchise agreement is entered into, additional information should bp obtained such as the rate of return being proposed, and the like, inclUding the level of service being proposed. A further meeting was held with WMI, said Mr. Norman, in this regard in order to provide the Board with m~aningful information upon which to determine-the levol of service upon which an estimate of coot could be based an~ which could be used when a public hearing is held. Continuing, Mr. Norman said that suggestions have been made with regard to the wording of the proposed agreement and that finalization will not be a major effort, however, it is felt that the rate of return, the rates, and the level of service are the major problems to be addressed. Mr. George Vega, Attorney representing WMI, offered the proposal that once the agreement has been finalized, that WMI operate under the old rates in the old contract for a period of approximately three months in order to permit them to determine an exact cost basis. He said that during negotiations the question was raised as to whether or not an increase in rates is anticipated with Mr. Vega December lB, 1978 pointing out that due to the cost increases over the past four yoars without an increase in rates, an increase will be needed. Ho said that by working out the wording of the contract it will be more than fair to the County since WHI will be taking the "lumps" for tho interim periOd suggested and that it will then be up to the Board if an increase is granted. County Attorney Piokworth commented that he does not feel that there will be any problem working up the contract, however, the main problem is the question of rates ~nd rate structure which the staff feels is part and parcel of granting a franchise. Hr. Pickworth noted that WHIts position is appreciated also in thllt they have to rely on information from Yahl Brothersl some of which probably is not adequate for them to project what their rato needs will be. CommisRioner Pistor stated that, in his opinion, it ill peculiar that Yahl Brothers have not been before the Board re- questing a rate increase. Mr. Vega stated that a letter was written to this effect but, upon his advice, was not submitted for the reason that i~ was felt the matter of tranSferring the franchise was the more important. Because ol the increase in labor costs, gasoline, and the like, Mr. Vega stated that they (Yahl Brothers) definitely wanted an increase. Mr. Robert Himschoot, Waste Management, Inc. of Florida, , , lIddressed the matter of level of service, noting that it is being recommended that C~lapter 17.7 of the Florida Statutes, Florida Administrative Code, be used for guidelines, wherein it stipulates twice-a-week service which is presently being offered by Yahl Brothers. He said that it was proposed to the staff that a change be considered in that twice-a-week service will be consistent not only because of the subject law, but also because it facilitates administration of the program. He said that he aOOK 044 ~ .704 , . . . . . --_.-.....---------~........... .~~ ~ - . -~ - ~-~ - -- . BOCK 044 PA~ .705 December 18, 1978 proposed that the existing program be administered, even offering the once-a-week service, due to the need for operating experience in the County area. He said that Bome of the basic costa are Known due to experience in the ~ort Myers area but that they do not have their hands on the books in the County and, therefore, do not know the actual finances, and the like. Mr. Warren Silverman, Florida CPA, noted that qarbage is part of his business and stated that there has been some confusion in terminOlogy. He said that the matter under discussion is a pulling of interests and that thBre is no diminution of equity interest on the part of Yahl Brothers but that there is an addition to that by WMI. Another difference to be dealt with is that Yahl Brothers havo made no distinction in the type of customer services which means that WMI has no idea of the costs of operation between com- mercial service versus service to residential customers and have gained no experience in making such a distinction to be considered in rate-making. Commissioner Wenzel inquired as to what guarantee is involved in signing the agreement to give WMI 90 days' experience in the operation so that they would not be requestinq a rate dOUble, for instance, to what is being charged now, noting that the eXisting franchise has another four or five years to run under present terms. Mr. Silverman responded by saying the new agreement will provide the same protection ar. in the existinq agreement, commenting that the Board will sit as a quasi-judicial body to set the rates and determine if the rates requested are justified. Mr. Pickworth observed that the Board would have no choice but to grant a high increase if such is based upon a justifiable fair rate of return. Commissioner Pis tor expressed concern over using the periOd of time when the heaviest population is in residence and stated that he would prefer to see a study made for a '.4.x-or-eight month period December 18, 1978 when more definite actual costs of operation information could be obtained. It was suggested by Commissioner Wenzel that since all of the parties are represented that they execute a tentative agreement for presentation to the Board, working l~ conjunction with the consultant to obtain his opinion. Mr. "ega stated that the propOBftl i. acceptable to him with the recognition that some of the information will be "educated guesses" for the present and that after operating the business for a period of time the Board will be approached for a POssible rate increase based upon more accurate figures. Commissioner Wenzel moved that an agreement be drafted following Commissioner Pistor's suggestion that an eight-month trial periOd be used as a basis for future negotiations in the deliberations to take place in discussing the franchise agreement, plus the elimination of one piCkup per w~ek option. The motion was seconded by CommissioneI Pistor. Responding to Chairman Brown's comment that the rates in existence will remain, Mr. Vega stated this is a misunderstanding in that the now agreement will reflect a 4\ franchise fee and, therefore, the agreement will not contain the same rate schedule when brought back for Board review. The possibility of eliminating that fee was mentione by Mr. Pickworth. To summarize, Mr. Piokworth stated that the motion is to direct the staff to negotiate a franchise and come up with an agreement which will be ready fo= signature and which will include the initial rate schedule which it is understood will have to be based upon "educated guesses" on costs, and the like. Further, said Mr. Pickworth,said agreement will provide that the initial rate schedule will be in effect for a period of eight months, following which the franchisee will then be entitled to address the Board to formally request a rate increase based on experience cost factors. Commissioner Wimer suggested that if the new agreement is to include a now rate schedule, in his opinion, the contract should be for one year rather than an eight month period. BOC:< 044 'A~ 706 BOCK 044 rA~ 707 December l8, 1978 County Engineer Barksdale pointed out for Board cO\lsideratioll that approximately 25\ of the customers being served by Yahl Brothers subscribe to once-a-week service which should be considered during the deliberations. Mr. Vega expressed a desire for a less-than-one-year duration of the new franchise. Further mention was made of the service schedule and whether or not once-a-week service should be eliminated. It was suggested that this matter be considered during the discussions and then the Board be given both options from whioh to choose. Upon call for the question on the motion whioh inoludes the eight month provision before further rate review, the motion carried 4/1 with Commissioner Wimer voting in opposition to said provision. . * * * RECESS I lO:30 A.M. until lOl40 A.M. . * * * DISCUSSION OF RESOLUTION OF APRIL 4, 1978 RE DISCONTINUANCE OF COUNTY TRASH PICKUP - RESOLUTION TO REMAIN IN EFFECT UNTIL FURTHER INFORMATION IS REC3IVED The question of the County's yearly piCkUp of trash was placed on the agenda at the request of Commissioner Wenzel which he sug- gested might be considered when drafting the proposod new franchise agreement. County Engineer Barksdale concurred with Chairman Brown's statement that the approximate coct per year is $75,000, adding the problems encO'tntered by his staff in providing the servioe. During the discussion which fOllowed, County Manager Norman reported that this operation was discussed with WMI representatives with several problems brought out. One of the problems, said Mr. Norman, is that sinoe the County does not have mandatory collection, not everyone receiving the benefit would be paying for it. He pointed out that the WMI operation in Lee County provides unlimited curb- side pickup and, if the County enters into that level of service, .J December 18, 1978 that would solve a large part of the problem. If an item is too lar~e to be picked up during the regular c011eotion, continued Mr. No:C'man, if the firm is called a driver will be sent out for this pickup and a charge levied. Commissioner Wenzel inquired if any further thought has been given to recycling the rubbish ~ollected with Mr. Barksdale responding that such an operation would not be cost effective. It was the consensus of the Board that the staff negotiate the matter when drafting the proposed franchise with WMI. Commissioner Wimer moved, seconded by Commisisoner Pistor and unanimously carried 5/0, that Resoluction 78-53 of April 4, 1978 re tho discontinuance of County trash pickup remain in effect pending further negotiating. .. * * * At this time Chairman Brown was called away from the dias, turning the gavel over to Vice-Chairman Wenzel. .. * * * PROPOSAL FOR SENIOR CITIZENS CENTER - COUNTY MANAGER DIRECTED TO INVESTIGATE AVAILABILITY OF FUNDS FROM FEDERAL AND/OR STATE AGENCIESI IF WARRANTED, MATTER TO BE BROUGHT BACK TO BOARD FOR FURTHER REVIEW Vice-Chairman Wenzel stated that the reason for the matter of a possible Senior Citizens' Center being addressed by the Board is duo to the number of requests from senior citizen. who want a center for their use which would be farily close, and protected from vandalism and rowdyism. He said that it was assumed at one time that the Courthouse property would be the best place for such a center, however, the issue died because most of the funds were going to Little League activites and the like. Commissioner Pistor stated that when a space requirement inventory i8 made, as requested, a major capital expendi- turo in this regard may have to be undertaken and that it is possible a spaco for recreational activities may be considered for inclusion. BOOK 044 ~ .708 . . . . . .. .. . . '._~~ '" ,t" .... _ _ ~ ~_.. ______ $.13 044 p~~ 709 December la, 1978 Mr. Henry Friedheim, local resident, concurred with the statements made about the need for a center, however, the most urgent need is for a cultural center to serve all of the County residents. He said that, in his opinion, Such a proposal would be supported by both year-round and winter residents. Methods of financing such a project were discussed, among them the possibility of grants and, as was pointed out by Commissioner ^rcher, the County has the option of exeroising a resort tax, noting that such a plan would have to g~ to a referendum. Methods of obtaining the necessary land were also disoussed inoluding the possibility of using and/or selling lands offered by various developers. Commissioner Archer commented that the developers are required to provide school sites, and the like, whioh they are already doing and that it would be difficult to Ask for additional property. It was the consensus of the Board that such a facility would be an asset to the community and a worthwhile project and it was suggested that petitions be circulated to "get the ball rolling". The matter of maintaining the proposed bUilding, if one should be erected, was mentioned as being a costly item and whioh should be further considered. Vice-Chairman Wenzel observed that there are two separate projects under discussion - one being a recreational center and the other a cultural ~enter, the latter probably bcing too costly to consider without the aid of grants, or the like.. Following further brief discussion, Commissioner Wenzel moved that the Board instruct the County Manager to see if there are funds available for such project from Federal and State agencies, and that if Mr. Norman feels that the situation warrants it, that the matter be hrought back to the Board, and he then would sponsor a motion to have the project put on the ballot to let the people make a decision. Commissioner Pistor seconded the motion which carried unanimously 5/0. December 18, 1978 *It was noted for the record that Chairman Brown returned at this point in the Session. APPROPRIATION OF STATE LIBRARY AID FUNDS, AS RECOMMENDED BY LIBRARIAN JODER - TENTATIVELY APPROVED Librarian Richard Joder explained that he is requesting Board approval for the appropriation of the 1978 State Aid allocation from the State Library in Tallahassee which he said had been held pending possible over-runs in constructions costs for the new branch libraries. He said that, because of the skillfull handling of the grants by staff, there were no over- runs, noting that the projects "came in" under budgot, and that he is requesting that the subject funds bo appropriated in total now rather than throughout the year. Mr. Joder explained in detail the projects to be considered which were included in tho proposed budget amendmentR, copies of which he distributed to the Commissioners. The largest expenditure, said Mr. JOder, is for a checkpoint socurity system to safeguard the material in the headquarters' offices collections. He said that the system will protect th~ reference book collection consisting of about 25,000 volumes and afford protection in other high risk areas such as fine arts books and other valuable items. Responding to Commissioner Wenzel, the system is being proposed for only the central branch library, noting that there are losses at other branches but they are not large enough to warrant the type of security system being proposed. Following brief discussion, Comn:ilsioner Wenzel moved, seconded by Commissioner Archer and car.ried unanimously 5/0, that the Board tentatively approve thp expenditure of State Library Aid funds for the items designated by Mr. Joder. * * * * There being no further business to come before the Board, the meeting was adjourned by order of the Chair - Timel 11,30 A.M. m~~m