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BCC Minutes 03/23/1982 R · . 1 ---- - - -- - - - - - -- -- -- - - - -- -_-.&..- - - - ---- ------ Naples, Florida, March 23, 1982 LET IT BE REMEMBERED, that the Board of County Commissioners Sn and tor the County of Collier, and also acting as the Governing Boa~d(s) of such special districts as hnve boen created according to law and having conducted business herein, met on this date at 9%00 A.M. 1n Regular Session in Building -F- of the Courthouse Complex, East NapleG, Florida, with the following members present: CHAIRMAN: C. R. -Russ- Wimer VICE-CIIJ\IRMAN: Mary-Frances Kruse John A. Pi stor Clifford Wenzel David C. Brown ALSO PRESENT: William J. Reagan, Clerk, Harold L. Hall, Chief Deputy Clerk, James C. Giles, Fiscal Officer, Darlene Davidson, Deputy Clerk; Conald Pickworth, County Attorney; Irving Berzon, Utilities Manager, C. William Norman, County Manager; Edward Smith, Administrative Services Administrator, Neil Dorrill, Public Safety Administrator, "arry Virta, Community Development A:-'ministrator, Tom McDaniel, Plnnner¡ Jeffory Perry, Zoning Director, Clifford Barksdale, Public Works Administrator, Donald Norton, Public Services Adll'.inistrlltorr Dr. William Cox, lIu/tlth Dcpnrtmcnt Director, "raco Spaulding, Administrative Aide to the Board, and, Deputy C,ief Ra~mond Barnett, Sheriff's Department Peg ~ 1 ~O:JK 068 rACE 145 -- - - - --. .-_ ._ .__ þ-. _ -- - - .-- - - - - - - -- - -- -- - - - - - -- - - - - - - - - - -- March 23, 1982 AGENDA APPROVED WITII ADDITIONS AND RESCHEDULING OF ITEMS Commissioner Pistor moved, seconded by Commissioner Kruse and carried unanimously, that the Agenda be approved with the following additions and rescheduling of items: 1. Presentation by representative of The Glades re water/sewer franchise - added to Utilities Manager's Report. 2. Reconsideration of square foot minimum requirement for single family residences in the Estates area - added to BCC Report. 3. Item 16A, re upgrading of Court Aide position - to be heard i~mediately upon conclusion of public hearings. 4. Recommedation to enter into an agreement with Attorney Joe fixel re condemnation procetdings for rights-of-way acqu\sition:. (continued fro~ last week) - added to County Attorney's Report. 5. Requpst for letter of confirmation re reflection of BCC action within Avatar's tariff sheets (continued from last week) - added to County Attorr.ey's Report. MINUTES OF MARCil 9 AND 16, 1982 - APPROVED AS PRESENTED Co~mi5sioner Pistor ~oved, seconded by Commissioner Kruse and carried unanimously, that the ~inutes of March 9 and 16, 1982, be approved as presented. . . RA'7E INCREASE FOR WASTE MANAGEMENT, INC., (YAHL BROS. WASTE DISPOSAL) - DFtB ED Legal notic~ having been published In the Naples Daily News on March 7, 1982, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider a requost fro~ Waste Manllge~.nt, Inc., (Yahl Bros. DiEposal' Service), for an increase In ~~nthly rates for garbðg8 and trash collection. Page 2 ~OOK 068 PACE149 -_--.-,-,.,-" ~arch 23, 1982 &OOK 068 PACE 150 Public Works ~ðmini8tr.tor Barksdale referred to the Executive Summary, datod 3/12/82, ðnd rocapped the background information relating to the request from Waste Management, Inc., for Ð rate increase. He explained that the County's rate consultant, Associated Utilities Services (AUS), has evaluated the requested rate increase and concluded that, based on growth and projected revenues, the company will achieve the per~itted 27' return on investment without a rate increase. He said that it is the consultant's recommendation that no increase be granted and that the staff is in concurrence with thi~ recommendation. Attorney B. C. Nichols, representing Waste Management, Inc., stated that his clients are in agreement with the figures detailed by the County's consultant ùnd finds no basis for dispute regarding 8a~,. with the exception of the projected income figures relating to residential customers. He explained that, historically, his clients have experienced approximately 3' to 3.5' less revenue than the County's con&ulta~t has projected in this category, therefore, it is his request that Waste Mangcment, Inc., be granted an 8' increase tor residential rates ~hlch will net an additional $48,000, bringing the total revenue up to that projected by AUS. Mr. Nichols also requested that, at some future date, the acc schedule a workshop to discuss the possibility of mandatory collection services within franchised areas. Commissioner Pistor asked why Wastc Management, Inc., experienced a ·shortfall· in their projected residential customer revenue? Mr. Dave Turner, Comptroller for Waste Man1cment, Inc., replied that Page 3 I. March 'D, 1982 he had no definitive answer, however, he explained that he considers that ·projectionsW are always -marginalw. County Attorney Pickworth asked if the firm has studied the r~asons for continual -shortfalls· in this particular area? He also alluded to purported cases of residential customers th~t claimed to have received service over long periods of time and never received a bill, thus, the company has never collected revenues owed them. Mr. Turner stated that he feels that these are isolated cases and went on to explain the various methods for bookkeeping, billin~ and customer checks that are part of Waste Management's regular business procedures. Upon polling the members of the Board, Chairman Wimer noted that there were no objections regi~tered and, therefore, a workshop would be scheduled in the future to consider -mand~tory collection services within franchised areas·. Mr. Henry Maxant, representing Pine Ridge Civic Association, spoke in opposition to any rate increase for Waste Management, as did Mr. Mike Zewalk, representing North Naples Civic Association and Mr. George Keller, representing Collier County Civic Federatio~. Mr. Roger Turner, representing Lakewood CondomInium Assoclat10n '1, also spoke in opposition to any rate increase. Upon hearing that all registered speakers had been heard, Chairman Wimer requested that two telephone messages \n opposition to the late increase and a copy of a letter of opposition to the editor of Naples n.ily News, dated 2/10/82, be ente[ed into the rGcord. Commissioner Wenzel ~oved, seconded by Commissioner Kruse and carried unar.imously, that the public hearing be closed. ~OOK C6S PAtE 1 S1 Pð9 e 4 ~OOK 068 PACf152 March 23, 1982 Commi1ioner Wenzel moved, seconded by Commisioner ristor ðnd cArried unanimously, that the County's consultanc's recommendation be accepted anJ that the petition filed by Waste Mangement Inc., (Yahl Bros. Waste Disposal), requesting a rate increase be denied. CONSIDERATION OF ORDINANCE AMENDING ORDINANCE 80-ll2 RE UTILITIES MANAGER'S APPROVAL OF SEWAGE DISPOSAL SYST~MS PRIOR TO SUBMISSION OF A BUILDING PERMIT APPLICATION - CONTINUED FOR TWO WEEKS Legal notic~ having been published in the Naples Daily News on March 4, 1982, as evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider the adoption of an ordinance amending Ordinance 80-112, requiring the County Utilities Manager's approval of a sewage disposal system prior to the submission of ð building permit application. Community Development Administrator Terry Virta recapped the information outlined within the Executive Summary, dated 2/17/82, regarding the need to ~mend Ordinance No. 80-112 by requiring that the UtilitijS Manager approve a central sewage di~posal system or an on-site treatment facility prIor to the submission of a building permit application. He explained that this requircment would not be applicable to structures for which septic tðnks are permitted, according to state law. Mr. Virta suggested that the following corrections be made to the proposed ordinance: Section 2-A, line 4 - delete the word -either-. Section 2-A, line 7 - change the word -orw to -and-. Section 2-C, line 5 - insert the phrase -or operAting permit- between the word -permit- and the word -as-. Page 5 Mð r c h 2 3, 1 9 8 2 County Attorney Pickworth suggested that the following additional change be incorporated into the proposed ordinance: Section 2-D, lin" 7 - retain tlle word -probability· in place of ·certainty-, which should be deleted. Commissioner Kruse referred to Section 2, paragraph A, noting that the sentence was contradi~tory in that the first ?artion deals with a building and th~ end of the sentence deals with a plat. She also objected to the fact that the entire paragraph contains only one sentence. Utilitios Manager Berzon concurred with her and clarified the fact th~t he did not author the proposed ordinðnce. Mr. Jðmes 1'0)', representing the Contractor's Association of Collier County, ðsked for clarific~tion that the ordinance would not apply to septic tanks. Mr. Berzon assurred hIm that it do.s not. Mr. Fox requestQd that the decision as to whether or not to adopt the subject ordinance be deferred for two weeks in order that the Contractor's Association be allowed sufficient time to study the effects of such an ordinance, particularly in light of the above-referenced changes that have been made. Mr. Berzon responded that the changes are simply grammatical. Mr. Fox insisted that his organization needs the time to study the ordinance. Mr. Edward Kant, resident, stated that he has no problems with the procedural changes, however, he is concerned that there may be additional time constraints put upon the developer. He explained that he considers the Utilities Division to have an extremely heavy work load and he asked for assurance that ~he permitting process would not be slowed down with the advent of this procedural change. Mr. Bill Shearston, representing the Co, ractor's Association of aOOK 068 PACE 153 Pac,¡ . 6 ~OOK 068 PACE 154 March 23, 1982 Collior County, reiterated Mr. Fox's concerns and urged tho Board to defer their decision for two weeks. Commissioner PiGtor statod that ho consid~rs the adoption of the ordinance necessary, adding that he has heard complaints from porsons who felt that their Certificate of Occupancy was -due~ th~m, only to be faced with still another approval regarding the sewage disposal before occupancy could take place. He said that this would no longer h~ppen if the ordinance is adopted. Commissioner Wenzel stated that he sees a need to adopt the ordinance as soon as possible and he asked Mr. Berzon if he feela there is an urgency regarding the matter? Mr. Berzon clarified that he did not request this procedural change, however, he is in agreement with the need for it. He also stated that he has no objections to deferring the matter for two weeks. Commissioner Kruse moved, seconded by CommIssioner Wenzel and carried 4/1, with Commissioner Brown opposed, t.h~t the matter be deferred for two weeks. Commissioner Kruse added the request that the staff incorporate the aforementioned changes in the proposed ordinance and, also, restructure the 163 word paragraph whIch she referred to earlier. There were no objections forthcoming. Commissioner Pistor stated that he believes that the ordinance should also apply to single-family homes. This was dIscussed briefly, at the conclusion of which Mr. Pickworth suggested th&t multi-family structures and single-family homes be handled separately. ^ttorney Pickworth not~d that, if the Board desires, the latter could be handled at a later date. pag. 7 ~Îåïèh 23,1982 RESOLUTION 82-35 RE PETITION FDPO-82-V-2, MELVIN L. OLLMAN, GRANTING AN AFTER-THE-FACT VARIANCE RE LOT 20, BLOCK 317, UNIT 13, MARCO BEACH SUBDIVISION - ADOPTED Legal notice having þcen published in the Naples Daily News on March 7, 1982 and in the Marco Island Engle n March 11, 1962, as evidenced by Affidnvits of publication filed with the Clerk, public hearing was opened to consider Petition FDPO-82-V-2, filed by Melvin L. Oilman, requesting an after-the-fact variance to the minimum base flood elevation required by the Flood Damage Prevention Ordin^ncc on property described as Lot 20, Block 317, Unit 13, Marco Beach Subdivision. Planner Tom McDaniel recapped the information outlined within the Executive Summary, dated 2/17/82, including th~ fact that this petitio., is for an after-the-fact variance for a home constructed according to plans previously approved and permitted by the Building Code Compliance Department. He said that it was discovered that the subject home contains a ground floor bathroom which has been constructed below the ~inimum elevatIon requIrements of the FDPO. Mr. McDaniel stated that, when this was discovered, the owner was notified of the need to apply for tilt! requested variance and it was determined at that tIme that, because the ground level recreation arcas cOllld be totally enclosed by the installation of glass pane5 in louvered window openings, the entire ground floor area should be included in the variance request. He said that the applicant was agreeable ~o this and the entire ground floor was incorporated in the proposed resolution included ill the agenda pac~age. However, Mr. McDaniel said, subsequent to Mr. OIlman's agreeing to this, he was informed by his insurance agent that the cost for flood insurance tor the hom~ would be extremely high if the entire 9round floor was included, ther~fore, the applicant is now requesting &O~K 06B PAC{ 155 Page 8 &OOK 068 PACE 158 March 2), 1982 that only the ground level bathroom be included in the variance. Pursuant to this, Mr. McDaniel explained that he has substituted the appropriate resolution for the origInal, copies of which were circulated to the Board prior to the meeting. He added that, because the home is already constructed atcording t~ the pláns that were approved by the Building Department, the staff is recommending that petition FDPO-82-V-2 be ~pproved and th~ variance be granted for the ground level bathroom only. When asked why he originally requested the entire ground floor be included in the variance when only the bathroom was oncloaed, Mr. McDaniel explained that, while Mr. OIlman h~s assured him that he does not intend to enclose the recreation areas, he cannot be responsible for what future owners may wish to do. This was discussed briefly as was the fact that the house was constructed in good faith. Mr. Ollman explained that the ground floor bathroom is a -pool bath- which hd constructed accordIng to the plans. He explained that he did not find out that it did not m~et all ~he FDPO re'~lJlationa until after it was completed. He requested that the variance only be applied to the bathroom, explaining that the recreation ðreaE are designed with f¡~w-through walls. Commissioner Kruse moved, seconded by CommissIoner Wenzel and carried unanimously, that the public hearing be closed. Commissioner Brown moved, secondeù by CommIssioner Pistor and carried 4/1, Commissioner Wenzel opposed, that Resolution 82-35 re Petition FDPO-ß2-V-2, glantIng a variance relating to only the ground floor bathroom, as recommended by staff, be adopted. Pa<je 9 I -....-".--.,-., Ma r c h 23, 198 2 CONSIDERATION OF AMENDING ORDINANCES 75-21 And 76-42 (PROTECTED TREE ORDINANCES) - CONTINUED TO 3/30/82 Commissioner Brown moved, seconded by Commissioner Kruse and carried una~imously that the public hearing re considerAtion of the adoption of an ordinance amending Ordinances 75-21 and 76-42, having been continued from 3/9/82, be furthor continued to 3/30/82, AS requested by the County Environmentalist. Rf.QUEST TO UPGRADE POSITION OF COURT AIDE - GRANTED County Judge Thomas Trettis explained that the Circuit and County Judges are requesting approval of the upgrading of the Court Aide position in order to fill the pending vacancy for this position with a highly qualified individual who will be capable of handling the Judicial administrative liaison work for all Court programs, Aid in the preparðtion of budgets and coordinate necessary statIstical information. He explained that the Judges feel that, in order to fill the position with a person with a baccalaure~te degree, the salary should be increased by approximately $2,000. He asked that the relative budget be increased accordingly for the balance of the budget ye a r . Commissioner Brown moved, sèconded by Commissioner Piator and can'ied unanimously, that the position of Court Aide be upqraded, as requested by Judge Trettis. . * . . RECESS: 10:00 A.M. - 10:05 A.M. . . ,o~ Ð68 rA~ 159 Pac¡. 10 &OOK 008 PAc£160 Meech 23, 1982 COUNTY'S PORTION OF TilE DISTRICT, MENTAL i,lEALTH PLAN FOR }982-83 ~PPROVED IN CONCEPT After briefly discussing the· County's portion of the District Mental Health Plan for 1982-83, which is required to b. approved by the P.CC each year prior to April 1, according to state law, Commissioner Brown moved for co~ce~tual ûpproval. Commissioner Kruse seconded the motion. Commissioner Wenzel aSKed what the cost for the program will be in comparison to last year? Mr. Norman explained that the figures would have to bo decided during the preparatIon of next year's budget and Commissioner Wenzel stated that he would wait until that time to pursue the issue. Upon call for the question, the motion for conceptual approval of Collier County's portion of the District Mental Health Plan for 1982-83 carried 4/1, with Commissioncr Wcnzel opposed. STAFF TO PURSUE CONSIDERATION OF FUTURE USE OF IMMOKALEE STOCKADE FOR DETOXIFICATION CENTER AND A BOCKING/HOLDING CENTER FOR THE SHERIFF'S DEPARTMENT AND PREPARE A Of-TAILED REPORT REGARDING COST OF SAME Mr. Norman stated th~t the representatives of the David Lawrence Mental Health Clinic have indicated that, if the County was to provide for the cost of renovating the stockade for a detoxificatIon center and a residential crisis stabilization unit, for use when the new jail facility is complete, there is a good possibility of gaining approval for the State to assume operating responsibility. Mr. Norm~n explaIned that Collier County Is one of the few counties of this size that does not have a -sobering-up- facility and that this proposal Is inter-related with the ne~ds of the Sheriff'. Page 11 J March 23, 1982 Department because ~he Sheriff Is faced with dealing with public inebriates and, at the present time, must treat them as prisoners. Mr. Norman stated that this is not a satisfactory arrangement, according to Sheriff Rogers, nor is it an oconomical use of jail space. Reminding the Board that he expects that the stockade will be available {or use upon the completion of the new jail, Mr. Norman stated he considers this to be tho appropriate time to consid~r the optimum future use of the stockade. Mr. Norman stated that Mental Health representatives were present to display their support for this kind of center at the stockade. He also suggested that the Board consider having the consultants on the Justice Center needs provide them with additional information on ~lat the needs for a detoxification center would be at the stockade, as well as the relative costs, in an attempt to incor~rate that cost in the bond issue for the Justi¿e Center this fall. In answer to Commissioner Wenzel, Mr. Norman replied that the stockade has not been u~ed to house illegal aliens for approximately t~~ years. He said that it is used to its capacity for the housing of prisoners who are awaiting trial, which would not continue when the new jail is complete. Commissioner Wen7.el asked if the trailers that were set out on the Immokalee stockade property some years back are not of sufficient size {or use as a detoxification center any lo~ger? Mr. Norman clarified that those trailers are being used for conducting a rehabilitation program and not for the ·sobering-up· of inebriates. Noting the apparent need for more discussion on this matter, Chairman Wimer suggcsted that a workshop be scheduled, adding that thore w~& no workshop for thiG Itcœ on today'~ cgendð. Mr. Norman ~ 068~~161 P.9- 12 Mar.:h 23, 1982 &OOK 068 PACE 162 explained that it was his intention to simply approach the subject and Chairman Wimer replied that, while he understands Mr. Norman's intentions, the subject is not on the agenda. Commissioner pistor stated that he considers the matter worthy of discussion at this time and he noted that the back~p material 1n the agend~ package indicated that the matter would be discussed this morning. Commissioner ~[use stated that at the last workshop, the Board did indicate to th~ staff that the direction to pursue was the future use of the Immokalee Stockade for a detoxificati0n center. She said that she considers that the matter before them this morning is merely to reaffirm that position. Mr. Norm~" stated that the matter camo up this morning beC&URe the Mental Health Program meshes with the concerns of the Sheriff. He also stated that he did not believe the significance of the matter nor the relationshIp with the Sheriff's needs was properly presented during the prior workshop, however, if the Board feels that they have given staff the authorization to solicit prop05als for participation in a further invcstlg~tlon, he will carry forward with the matter. Commissioner Wenzel asked SherIff Rogers if he is sympathetic to the needs of the Mental Health Program? He also asked him if he would ob~ect to the use of the stockade for a detoxification center after the new jail is co~pleted? Sherif! Rogers stated that he anticipate. moving all prisoners under one roof when the new jail is complete. After giving a brief report of the activities at the stockade in the past, Sheriff Rogers stated that he recommends that a ·sobering-up· facility of adequate size be establi8h~d ~t the stockade when the new jail is complete, emphasizing th~ heavy burden that would be lifted Page 13 March 23, 1982 from the jail if inebriated persons did not have to be handled as prisoners. He ðlso asked that the Commissioners consider establishing a -booking and holding- area at the stockade to accommodate those persons arre8t~d In th~ I~mok~lp.~ arp.~, explaining that it is not economically feasible to send a Sheriff's vehicle 40 miles each time someone is picked up in Immokalee just to bring them to the jail. He ~xpla ined that there needs to be a place to hold the prisoners wh i ~. e the posting of ba í 1, ~tc., is handled. Mr. Norman c 1 ar i fi ed the fact that he had not been under the imprp.ssion that the Board previously authorized staff to proceed with attempts to develop W.1ys and means of planlling for the rltuse of the stockade, specifically as a detoxification center or for the Sheriff's sub-station as a booking/hulding center. He said that if the Board 1s comfortable with this, he will proceed. Commissioner Wenzel ~oved, seconded by Commissioner Kruse, that this be the Board's direction. Commissioner Wenzel noted that he wants to know exactly what it is going to cost. Mr. Norman stated that, if tho problem is financing, that could be incorµorated in the bond issue. The motion carried 4/1, with Commi39ioner plstor voting in opposition. Mr. Mike Zewalk, resident of North Naples, requested clarification from Sheriff Rogers as to what affect the Myers ^ct has on his Depart- ment's responsibility to see that inebriated persons are treated at medical facilities when picked up by ð Deputy, particularly since Collier County has no detoxification facility? Shcrrif Rogers ftxplained that, according to the Myers Act, drunkedne3s is not 4 criminal act, therefore, his deputies may either take such persons to a detoxification center for tr~atm~nt or they may hold them in jail for up to 72 hours, in order for them to sober up. ~~ ~xplained that, &001 06B I'A~163 Pa9. 14 ~OO ( ~8 PAtE 164 March 23, 1982 b,..cause of the lack of .~uch .. center, the latter is the procedure followed by his Depart~ent's staff. He said that the56 persons often have other me~ical problems and that this creates additional prob1e.s. Dr. William Cox, Health Department Director, stated that ~any people ar~ picked up off the street in a drunken condition who are taken to the stockade and placed in a cell for up to 72 hour.. He said that many tim~s these people have serious health problems, including injuries to the head, etc., from falls while they are in this drunken condition. He said that these people are held without benefit of anyone checking them from the standpoint of a medical condition. He outlined several ki~ds of medical complications that may develop in a drunken person that could lead to death if no medical attention is given and he pointed out the liability to the County that could be incurred if this were to happen and the deceased never received medical attention while in the custody of the SherIff's Department. Dr. Cox recomm~nded that the Board gIve consideration to doing one of two things - e~ther give the Sheriff adequate funds to see that thase persons are monitored while in the stockade, or, do aW~y with this procedure and send them to a center where they can receive adequate medical tr~atment. REQUEST FOR ADDITIONAL APPROPRIATIONS FOR HEALTH DEPARTMEN':' AND RETENTION OF FEES FOR OPERATIONAL COSTS THEREOF - DEFERRED TO FISCAL OFFICER, CHIEF DEPUTY CLERK, COUNTY MANAGER, AND HEALTII DEPARTMENT DIRECTOR FOR FURTIIER CONSIDERATION AND PRESENT^TIO~ OF RECOMMENDATION County Manager Norman referred to the information outlined within the Exeçl..l1v~ ";ummdlry, ù<tl..d 3/10/82, rel..ted to IIc.1lth ~part:unt budgetary problems. He referred to a memorandum, dðted March 16, 1982, received from Dr. Cox which contains £I request for Board ðpproval of the followi~'J t P"9 e 15 Ha r c h 2.3, 1982 1. Allow the sum of $9,750, previóusly appropriated for capital expenditures at the Immokalee Health Center to be used for operating purposes of the Health Department. The appropriation of an additional $6,000 for the Health Department to make up for a shortfall in money that has been received by the State because that funding does not fully cover the JIS)' lll(;r~ðses that the State hó1:; gr~nted to Health Department employees for the current year. 2. 3. The retention by The Health Department of approximately $40,000 to $50,000 in fees, to be collected for the months of March through June, 1982, to be used for operational costs of the Department. Mr. Norman ~tated that there is still the question of how the balance of the Health Department's shortfalls can be funded for the remaining portion of the County'~ fiscal year, which extends b~yond the June 30, 1982 state fiscal year up through the end of September, shoul~ any occur. Mr. Norman stated that he h~s indicated within the Executive Summary that ha hiJ~ several quc:;tion::: rcl II cd to "he information provided to him by Dr. Cox, therefore, he has not recommended approval of the aforementioned requests. He recommended that the matter be referred to the Budget Officer, Harold Hall, hImself and Dr. Cox for further review. Commissioner Kruse alluded to the fact that the BCC is required to hav~ an annual audit and asked how long it has been since the Health Der.,artment has been ðudited? Chief Deputy Clerk Harold Hltll stated that Health Department's audits fall under the Auditor General and the state program auditing the trust funds. He said that he did not know the date of the last audit and asked Dr. Cox if he did? Dr. Cox said that thiß is done on an annu~l basIs, adding thnt he does not know the exact date of the last audit. Commissioner Kruse asked Dr. Cox if, at the time of the last audit, thorc were .Jny &hortf.)lls or pro~lcms ~1.covered? She also "'--ked If it was a c(Ortalnty that .an audit was aotx OOB PAtE 165 P89- l6 March 23, 1982 MOK 068 PACE 166 completed within the last year? Dr. Cox roplied that he would be happy to look into the matter further and report back, however, it is his impression that an audit was completed within the last year. He added that he would welcome an additional audit, not only from the State, but, also, from the BCC, if they so desire. Commissioner Kruse stated that her posItion is that, in view of the fact that neither the County Manager, the FIscal Officer, no~ the Health Departmcnt Director is in total agreement as to the various requests, she would be more comfortable if an additional audit were completed in order to determine a basis from which to consider additional changes. Commissioner Kruse moved, seconded by Commissioner Wenzel, that the BCC request the Auditor General's Office to conduct an audit of the Health Depàr~menl and that thIs audit Le completed prior to the BCC making any additional adjustments and/or making up any ·shortfalls· within the Health Department's budget. This was discussed at length, during which Mr. Norman stated that he was ,ot sure what an audit would ~o to help the immediate problem. He said th~t it would probably take several months for this to be .Jcccnplished, durlr>g which time the IIealth Department will probably run t>::t of money, particularly if they continue to spend it at the current rate. He said that the audit will deal with past activitie~ and the problem before the Board is a current one, based on the Health Department's avai1able rcsources or the lack thereof in relation to its rate of expendItures. Commissioner Kruse stated that the Board faced the same type of problem several years ago, except that ~~at proble. dealt with a Constitutional Office's budget. She asked how, until such tIme as it can be determined exactly where budgetary allotments have gone, the Board could, in good concience, transfer additional monie. Pa9. 17 March 23, 1982 out of Contingencies to make up ·shortfalls·? She said that, if the Auditor General's Officer cannot do it she wo~Jld amend her I:lotion to include a provision wherein either the Auditor General's Of.ficer or an independant ðudit1ng firm, hired locally, could conduct the audit. Commissioner Wenzel asked Mr. Hall if he could h~ve his Dep~rtment conduct the audit? Mr. Hall replied that, although the capa~ility does exist in-house, his Department does not have sufficient time to conduct the audit. Mr. Hall stated that, generally, a financial ~~dit includes the process whereby fInancial records rather ~~~n projectio~s for the future are audited. He said that the problem is a current one. He also concurred wiLl Commissioner Kruse on the premise that, ·the better the information one has on wh~t has been done - the better the guidance for determinins which way to go in the future.· H~ said that he is sure that the Auditor General could not respond to this in a timely fashion and that it would be better, consid~ring that time is of the essence, to contract with a local firm to conduct the audit. He Baid that the Cl~rk's office couìd assist in whatever way the Board wishes to bring this about. Commissioner Kruse asked Mr. Hall if, because the Health Department is a State Agency, could the BCC contract with a local firm to conduct an audit of that Department? Mr. Hall replied that he was nct sure, adding t~ðt there are certain aspects of the Health Depart.ment for which th<, County is responsible, however, there are others that fall under the State's resonsibility, including the Trust Fund. lie said that he was not sure that the County should get involved in a full financial audIt of lunds handled by the State. Dr. Cox &..:ated that the Health Department is both a State and It County agency. Commissioner Kruse asked if the State was goinq to contribute towards covering the ·shortfall· in the Uealth Department, or, will ~ 068 r.\~ 161 PA9. 18 ~OOK 068 p^~f.l68 Mttrch 23, 1982 that have to be funded by the.County? Mr. Norman stated that the State apparently decides, once a year, how much it is going to contribute and that determination is final. He said that funding for any additional services or activities, which the Health Department finds necessary, are sought from the BCC. tie said that, through a combination of situations, including receiving less revenues than were projected when the current year's budget was adopted, the Health Department has found itself with less than the necessary funding to meet their expenditures. He said that the Health Department now must either cut back on its activities and programs or seek additional fund ing. He added that some of the areas wi th which he has a probh:m include a definitive explanation as to where the expenses are occurring, now t~e shortfall~ occurred and why various funda are applied to certain areas. He said that he needs a clear picture of all these areas of concern befor~ he c~n make any recommendations tv the BCC about whether or not to appropriat~ additional funds to the Departm~nt. He said that he also needa to know what affect th~se shortfalls would have on the various programs within the Department. Dr. ~ox stated that the ·shortfalls· occur in that portion of the budget entitled ·anticipated revenue·. He said that he did anticipate more revenues than are actually being experienced. Commissioner Brown asked Dr. Cox if this is comparable to the circumstances of the Collier County ambulance service and he replied affIrmatively. Mr. Hall stated that, actually, the ·shortfall· does not occur within the lIealth DepÐrtment. lIe explained that the ·shortfall- actually falls within the BCC Budget because the Health Depart~ent actually receives all the money that has been budgeted. He said that Page 19 I March 23, 1982 the shortfall in revenue affects the revenues of the General Fund of the BCC. Commissioner Kruse withdrew the motion on the floor and substituted a motion that the matter be returned to Mr. Hall and Mr. Norman, who will work with Dr. Cox and determine the appropriate recommendation. Commissioner Wenzel withdrew his second to the previous motion and Commissioner Wenzel seconded the substituted lIIotion. There was a lengthy discussion regarding how long it would be before a recommendation would be forthcoming; what would be involved in making the determinat::on, and the pos:'libllity of restructuring the information presently being formulated by Dr. Thomas as part of her study related to the budget and financial records for the Health ~p~rtment, for u£e by Gt~ff in determining the appropriate recommendation. Commissioner Brown commented that he considers Dr. Cox's statement that this matter is urgent if the Health Department is to continue to operate at normal capacity to be sufficient reason to take action today, therefore, he would ~ast a negative vote on any lIIotion to continue this matter. Mr. Norman Agreed that there is An ~rgency in that Dr. Cox has identified a $6,000 deficit as of March 1, 1982, therefore, each day this takes to settle, there will be a larger defic1 t. Dr. Cox outlined the many problems related to combining the Health Department's State and County budget, adding that Collier is not the only County with these same probl~ms. He said that the continuation of the studies that Dr. Thomas ie conducting will be advantageous, and in the lIIeanwhile, he recommótnds that the 3o.:lr<:: .111ow him to keep the feos at)OK 068 f'A~169 '_ge 20 March 23, 1982 aoox 068 PAc£170 collected from March l, through June 30, 1982 to use for operational Qxpcn:::c:;. He :::ðid th~t this ·.'.'Ould not cost the Count~· l'Iny money out of the General Fund. The motion to defer this matter to the aforementioned members of staff was discussed further, duting which Commlssion4r Wenzel cl~rifled that he wishes to see a report on how hard tlte Health Department has attempted to ~ollect funds due them. He said that it appears to him that this is the same situation as the a~bulðnce is facing and he does not believe that the County is tryIng hard enough to collect outstand- Ing monies. CommissIoner Kruse clarified the fact that any shortfall that is made up doe~ come out of the General Fund bec~use that is part of the budgeting process whereby revenues are included. Mr. Norman concurred. During the discussion, Commissioner Brown stated that he favors letting Dr. Cox keep the funds which he is requesting, in order to maintain the Health Depðrtment's operations while these studies are going on. Also discussed ~a5 the fact that the motion should include the efforts of Mr. Gileg, new fiscal Officer. the Board that Mr. Giles should be involved. It waG the consensus of In rcply to the Chair, Dr. Cox stated that, as things stand, the Health Department is prepared to operate at least another month ~t a rather austere level, which would represent ð decrease in the scrvices of the medIcal department to the people of Collier County. Upon call for the question the motion carried 4/1, with Commissioner Brown voting in opposition. Ch~irman Wimer asked that this matter be handled and a fir. recommendation be made to the Board as quickly as possible. Commissioner Pistor asked th~t special attention be p~id to why Pa9. 21 . t'i ~o,. 0+'.-4 ....u" r1IlIU ..""" ........ .-4.-4 ...4+,c:: ,till" ~ . .c: ,,§~ f"4.S *'111.-4 t;~+' ,,~ .. :'8 ig,~ "." :1:.-4... .c: .+' . .. ~ ",C::..-4 5l0~ ,:; be... ....c::u \00.-4.-4 o +) B :J!L. .-4...0 :II: g,~ Ma r c h 2 3, 1 9 8 2 payments of "ug~lst 1, 1981 and Soptember 1,1981, of $31,000 were not .ade to the Health Department as was expected, according to Dr. Cox's .emorandum. Mr. Egon Hill stated that there see.s to be so.e lIisconce.,tion of tJ.." Luùydl pl:( ~~8S dnJ he clarified the fact that ~ny shortfall will show up on the BCC's books, and nowhere else. At tho conclusion of the meeting Chairman Wimer stated that he believes that the staff was directed to bring this matter back on April 6th which was subsequently cancplled later in the session. Therefore, he requested that this matter be brought up on the March 30, 1982 agenda, or, if this is not possible, it should be s~heduled for the April 13, 1982 meeting. There were no objccti·)ns forthcoming. . . . Commisø\oner Kruse left the room at this time: 10:32 A.M. . . . REVI~~D AUT!!CnrZED TCW~~C CCNT?^CTOR'S ROT^T!ON L!ST - ~PPROVED Commissioner Wenzel moved, seconde~ by Commissioner Brown and carried 4/0, with Commissioner Kruse out of the room at the time of thø vot~, that the following newly revibed list of authorized towing contractors be approved: IMMOKALEE NAPLES Bill's Wrecking Service l06 Dixie Avenue Immokalee, Fl 33934 Billy's Wrecking Service 106 Dixie Immokalee, Fl 33934 A ^ Auto 56010 Taylor Road Naples, Fl D 10 B Towing 2247 Pineland Street, South Naples, f'1 Don Davis 524 E. Main Street 1.1110 kale e, Fl 3 3 9 34 Wreck-o-mend, Inc. ~427 Exchange Avene Naples, Fl Pine Ridge Auto Center IGB7 PIne Ridge Road N.1plos, :"1 ,~ 068 i.u.i171 PaC). 22 ~oaK 088· PACE 172 March 23, 1982 TEMPORARY RESIDENCE PERMIT RE PETITION TR-82-7-C, HELEN PHYLLIS TIPLER, UNIT 20 GOLDEN C~TE ESTAT~S - APPROVEP Commissioner Wenzel moved, seconded by Commissioner Brown and cArried 4/0, with CommIssioner Kruse out of the room for the vote, that the temporary residenco permIt re Petition TR-82-7-C, filed by Helan Phyllis Tipler for temporary use of a travel trailer while constructin9 a principle residence on the north 150' of Tract 131, Unit 20, Golden Gate Estates, be approved, subject to petitioner receiving a building permit. CONSIDERATION OF ADOPTION OF A RESOLUTION ESTABLISHI~G PERMIT FEES FOR THE PRUNINC OR HEMOVAL OF PROTECTED TREES - CONTINUF.D TO 3/30/82 Commissioner Wenzel moved, seconded by Commissioner Brown and carried 4/~, Commissioner Kruse out of the room for the vote, that the consideration of the adoption of a resolution establishing permit fee. for the pruning or removal of protected trees, be continuod to 3/30/32. AGREEME~IT WITH NAPLES SHOPPING CENTER RE Df-SIGN/CONSTRUCTION OF PARKING LOT TRAFFIC CHANNELIZATION FOR DRIVEWAY - AUTHORIZED FOR EXECUTION Commissioner Wenzel moved, seconded by Commi~sioner Pistor and carried 4/0, Commissioner Kruse out of the room at the timw of the vote, that the Chairman be authorized to execute the Agreement with ~apl~s Shopping Center regarding responsibility of design and construction of parking lot traffic channeljzation for the proposed driveway between U.S. 41 and shopping center property, as recommended by the Public Works Administrator. Page 23 March 23, 1982 . . * Commissioner Kruse returned to the meeting at this timet lO:42 A.M. . . * BID 1554 (ROAD' BRIDGE BARN EXPANSION) - AWARDED TO FRANK SCHELAH AND f>ONS CONSTRIICTION COMPANY, INC. IN THE CORRECTED AMOUNT OF $78,290 Legal notice having been published in the Naples Daily News on February 16 and 18, 1982 as evidenced by Affidavit of Publication filed with the Clerk, bids were received for Bid 1554, for Road' Bridge Barn Expansion, until 2:30 P.M., Wednesday, March 10, 1982. Administrative Scrvices Administrator F~ward Smith explained that the recommended awardee miscalculated his figures and that the correct bid from Frank Schelah and Sons Construction Company, Inc, should b~ in the amount of $78,290. Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously, that Bid '554 for Road & Oridge Barn Expansion, be awarded to Frank Sche~ah and Sons Construction Co, Inc., io the amount of $78,290, as recommended by the Transportation Director to be the lowest responsible bid in the best interest of the County, a~d that the Chairman be authorized to sign and the Cler~ to attest the resulting agreement. B1.D '556 (AMBULANCE REMOUNT) - AWARDED TO EXCELLANCE, INC., HUNTSVILLE, !.LABAMA IN THE AMOUNT OF $22,657.74 Legal notice having been published in the Naples Daily Nows cn February 15 and 17, 1982 as evid~nced by Affidavit of publication filed with the Clerk, bid~ were received for Bid '556 for an ambulance remount, until 2:30 P.M. on Wednesday, March 10, 1982. . Commissioner Wenzel moved, seconded by CommIssioner Pistor and c~rried unanimou~ly, that Bid '556, for an ambulance remount be awarded ~ 068 r1t£175 Pac¡ e 24 M() ( 008 PAt£ 176 March 23, 1982 to Excellance, Inc., Huntsville, Alabama, in the amount of $22,657.74, 4S rocommended by the Purchasing Director to be the lowest acceptable bid in the best interest of the County, and that the Chairman b. authorized to sign and the Clerk to attest the resulting agreement. BID 1558 (HOMECARE FOR THE ELDERLY) - AWARDED TO UPJOHN HEALTHCARE SERVICE IN THE AMOUNT OF 514,500, LIMITED TO ACTUAL SERVICES PROVIDED Legal notice having been waived, pursuant to Board action on February 16, 1982, bids were opened for Bid 1558 for homecare for the elderly, at 2:30 P.M. on March 3, 1982. Commissioner Wenzel moved, seconded by Commissioner Kruse and carried unanimously, that Bid 1558 for ho~ecare for the elderly, be awarded to ~pjohn Healthcare Service in the amount of 514,500, limited to actual 5crviceß provided, as recommended by the County Social Services Director to be the lowest acceptable bidder, and that the Chairman be authorized to sign and th~ Clerk to attest the resulting agreement. lMERr.ENCY PURCHASE OF A REBUILT CARRIER AIR COMPRESSOR (ITEM 1562) IN THE AMOUNT OF $9,480 FROM CON~ITIONED AIR, NAPLES, FLORIDA - ACKNOWLEDGED AND APPHOVED Commissioner W~nzel moved, ~econded by Commissioner Pistor, for approval of the emergency purchðs~ of ð rebuilt carrier air compressor in the amount of $9,480 from Conditioned Air, Naples, îlorida, same having been acknowledged as the lowest quot~ received and in the best interests of the County, ~nd that the Chairman be authorized to sign and the Clerk attest the resulting agreem~nt. P4Ige 25 Mar c h 2 3 , I 982 RESOLUTION 82-36 URGING COLLIER'S SENATE AND CONGRESSIONAL REPRESENTATIVES TO ATTEMPT TO PREVENT REDUC'rI' '''1 OF FUNDING OF CERTAIN TITLES OF THE OLDER AMERICAN'S ACT - ADOPTED. Commissioner Wenzel moved, seconded by Commissioner Pistor and carrieú unanimously, that Resolution 82-36, urging Collier's Senate and Congressional Representatives to attempt to prevent any reduction of funding for certain Titles of the Older American's Act, be adopted. County Manager Norman thanked Mr. Egon Hill, a p3rticipant in the citizens group who supports these programs and Mr. Hill, in turn, introduced Mrs. Maeve Reddin, Exect1ve Director of the Area Agency on Agin~, District VIII, whom he said is also responsible for the resolution. The Board thanked them both for their contributions. ~ 068 m,£117 Pa9. 26 --_'"·I·'·^··' t'..3 r c h 2 3, 1 9 8 2 PERSONNEL POLICY REVISED RE FULL DAY HOLIDAY FOR GOOD FRIDAY Aftor ð brief dIscussion rcgarding official holidays, Commissioner piator moved for approval of the revision to tho Personnel Policy to include a full dðy hol d~Y for Good Friday. Commissioner Kruse seconded the motion which carried unanimously. REGULAR acc MEETINGS TO BE HELD ON 2ND AND 4TH TUESDAYS OF THE MONTH, EFFECTIVE MAY, 1982; R~GULAR MEETINGS OF APRIL 6 & 27, 19R2 CANCELLED County Manager Norman referred to the Executive Summary which he said was prepared in response to Chairman Wimer and other members of the Board's request and he outlined his recommendations for holding regular board meetings on the second and fourth Tuesday of each month, beginning in May, 1982. He explained that his proposal includes a provision whereby the Board nay call ð specIal meeting at any time the need arises. lie also explained the proposal for developing a ·consent ~genda· which, if implemented, would allow the Board to approve routine ~atters by a single majority vote. It was the consensus of the board that the two matters be handled separately and Mr. Norman went on to explain that, if the Board wishes to adopt the new meeting schedule in April, there are public hearings and Board of Zoning Appeals hearings advertised for April 13th and 20th, however, the April 6th and 27th ~eetings could be cancelled. Commissioner Wenzel moved th~ t the board adopt a new policy whereby regular board meetIngs would be scheduled for the 2nd and the ~th Tuesday of the month, beginning May, 1982 and that the meetings of April 6th and 27th be cancel:ed. Commissioner Pistor stated that he is opposed to the idea of only &OO~ 068 PACE 179 Pa90 27 ~OOK 068 PÂCE 180 Ma r c h 2 3, 1 9 ð 2 having two meetings per month, reminding the Board that the last two meetings were very short. He also referred to the statement in the Executive Summ~ry that the City of Naples Council meets only twice a month and he said that they actually meet four times, two of these being workshop sessIons. He also' stated that he foresøes the possibility of delays in handling matters that are of groat importance to the citizens of Collier County by virtue of holding meetings only twice a month. He saId that h~ considers that when the Board was elected that they were elected as ·full-time Commissioners· and that the membcrs of the Board should make themselves av~ilable for de~ision8 as a Board at least once a week. Commissioner Kruse seconded the motion on th~ floor. County Manager Norman ~sked the Bo~rd to understand tha~ his staff will have to ask the CommissIoners forebearance regarding the addition of ite~s to t~e Agenda after ~uch tIme as the first agenda is published, in order to ensure that all items of importance are brought before the Board in a timely fashion. Chairman Wimer stðted thGt he believes the Board and staff have consistently di~played an attitude of cooperation in matters such as this in the past, part'cularly whero ~imlng could present a problem. Mr. Norman concurred. Chairman Wimer asked C;,it!f Deputy Clerk Hall and Fiscal Officer Giles what effect thIs propo5al would h~ve on the areaR under their purvIew, I.e. Clerk to the Board, recording, fiscal areas, etc.? Mr. Hall replied that, in addition to a reduction in the clerical areas, such as stenographic and minute production tim~, another important factor will result in that this schedule will allow tha Fiscal Officer more time in whIch to address other major issues that are of great pag e 28 March 23, 1982 importance to the County. He said that it is his opinion that the proposal will be advantagcous from that standpoInt. Mr. Giles stated that the proposal before the Board Is similar to the procodures followed in St. Johns Co~nty, with which he has had some experience, and he has f.ound it to work well. lie acknowledged the fact that there could be some problems associated wIth meeting twice a month rather than every week, however, with the provision to call special meetings, whenever needed, ðny problems associa~ed with possible delays can be handled efficiently. Mr. Charlie Andrews stated that, whilc he believes the public would prefer havIng to come to the Courthouse 0nly twice a month to attend meetings, he is conce[~ed that those two meetings may eventually end up as day-long sessions. lie reminded the Board that long sessions are not always productive in that the Board members and the public do tire after hours of meeting and items towards the end of a long agenda tend to get rushed through. He said that. some important matters may . not get the amount of attention or ~he just delib~ration they de~erve if placed at the end of a long agenda. lie saId that, if the flexibility alluded to eðrlier included the County Manager's ability to r0co~~end that the Board call an extra meeting in order to handle ~atters what might otherwise ~esult in an extremely long agenda, then, he Wvuld not have any obiections. Chùirmðll Wimer asssured Mr. Andrews that the flexibility would be retained and that the adoption of this proposal would in no way preclude the Board from reverting back to weekly meetings if such a need should be determined. Upon call for the question, the motion carried 4/1, with Commission~r Plstor oppo~~d. ,o~ 068 tAU 181 P.g. 29 Maech 23, 1982 MDX 068 ~A~181 STAFF INSTRUCTED TO IMPLEMENT TBE ·CONSENT AGENDA· PROCEDURE, SUBJECT TO LEGAL DEPARTMENT'S RECOMMENDATIONS RE RELEVANT ORDINANC~/RESOLUTION County Manger Norman explained the proposed procedure wherein routine matters requiring approval by majority vote could be handled as a part of the ·Consent Agenda·. Be stated that all matters appearing on the cons~nt agpnda would have backup material provided as part of the a~end~ package and that this procedure would allow the Board to approve all such items with one majority vote. He added that any member of the Board would have the privilege of requesting that any matter be removed from the consent agenda for discussion and separate consideration. He also stated that there would not be any additions permitted to the conscnt agenda, once published. Mr. Norman outlined the kinds of items that would appear on the consent ~genda, all of which are considered as ·routine matters·. CommiZ3ionar Wenz~l moved, seconded by Commissioner Kruse, that the Co.nty Manager be instructed to implement the ·co1')sent agenda· procedure for handlIng routine matters during regular meetings, at such tIme as the County Attorney provides necessary advice regarding the nep.d for formal adoption of this procedure by Ordinance and/or ResCllution. Mr. Mike Zcwalk, representing North Ndples Civic AssocIation, spoke in opposition to the proposal, claiming that the public would not have the opportunity to understand what was before the Board for consideration nor could they address the Board on these matters. He also stated that he believes that the members of the public attendinq the Board meetings as well as those watching ~he meeting through the paq. 30 March 23, 1982 aedia should be privied to the intormation surrounding any of these so called ·routine matters· before the Board approves them. Commissioner pistor concurred with Mr.' Zewalk's remarks. Chairman Wimer clarified the fact that many of these mattcrs are already handled in this manner, i.e. social service cases, miscellaneous correspondence, certificates of correction to the Tax Rolls, etc. He also stated that if the public objects strongly, the procedure can always be changed. Upon call for the question, the motion carried 4/l, with Commissioner pistor opposed. VICTORIA PARK II ADDITION WATER/SEWER FACILITIES - ACCEPTED. RELEVANT DOCUMENTS APPROVED FOR RECORDATION Commissioner wcnzel moved, seconded by Commissioner Xruse and carried unani~o~sly, th~t the Vlcto:i~ r~r~ II Addlti~~ w~ter/s~wer facilities be accepted a~d the following documents be approved for excecution and/or recordation: 1. Deed for the water facilities. 2. Deed for the sewer facilities. Bill of Sa 1 e fo r the wa t e r facilities. Bill of Sale for the S ewe r facilities. Affidavit of No :"iens. 3. 4. 5. 6. Sewer FacilIties lease. 7. Results of the pressure test on the water main. 8. Results of the pressure test on the force main. 9. Bacteriological clearance from the DER. 10. Copies of the lab results of the water facilities. 11. Certification regarding contributIons ~n-ðid of con3truction. ~ 068 ~Àt{ 183 '.9- 31 aoo~. 068 PACE 184 March 23, 1982 12. Verification of final costs fo( both the water and sewer sygtem5. 13. Up to date list of owners and/or customers of individual lots. 14. Letter from the Engineer certifying that all water and sewer facilities have been constructed within the public right-of- way and/or dedicated easements. lS. Letter from the Engineer regarding filling and flushing of the water main. 16. Lettcr from the Engi"eer reçarding an Inflow/infiltration test performed on the gravity line. 17. Contractual Warranty for matetial and workmanship for a period of one (1) year from dl.:lte of aC'cept1Jnce by the Board of County Commissioners. 18. Letter from the North Naples Fire Control DIstrict regarding acceptance of the fire hydrants. 19. OnP. (1) s~t of the as-built drawings sIgned and sealed by the Engineer of Record. Pðg e 32 March 23, 1982 tlOO1l- 068 pÀ~E19(. COMMISSIONER WENZEL ^PPOINTED TO ACT ON BEHALF OF THE BCC RE MEETING BETWEEN REPRESENT^TIVES Of!' TilE GLADES "ND TilE UTILITIES MANAGr::R TO DISCUSS PROPOSED WATER/SEWER FRl\NCHISE; FRANCHISE AREA; RATES, ETC. ^ttorney B. C. Nichols, representing The Glades, referred to a letter, dated 3/5/82, received by his client, Mr. Samuel Hubschman, from the Board of County Commissioners, wherein the timely submission of certain information and documentation relatinq to The Glo~es utilities was requested. He stated that he is concerned that the BCC 1s under the conception that his clients are ·dragging their feet- in this regard and he wishes to clarify the matter. He said that six to eight months ago his associate, Harold Smith, appeared before the Board on this same matter ðnd a directive was made that The Glades should sub~it their request for a utility franchise. He sa id tha t npproximately six months ago he submitted such a franchise agreement proposal to staff and, pursuant to that, he has attended conferences and attended a workshop. He said that, up to this point in time, nothing has transpired towards reaching an agreement on the requested franchise and h~ is seeking a timely conclusion to this matter. He said that he sent a letter, dð~ed February 25, 1982, to the Bee and members of staff relðting that òll requested information would be provided to the County as soon as possible. Also a rate consultant was employed by his client to complete a 5tudy on the matters rolating to the utility rates and he added that, at this point in time, that report is not yet complete. lie also asked the BCC for a proposed franchise agreement and he claimed that he has never received a suItable reply. Mr. Nichols said that he objected to the implIcations of the letter of last week wherein the Bo~rd Intimated that hls client was responsible for the matter being delayed, adding that this is not the case at all. Page 33 March 23, 1982 He said that it appears to him that the staff wishes to see the utility rates set, prior to his clients being granted a franchise. He said that he sees no point in setting rates if no £ranchise exists. He further ~tðtcd th3t he con~idcrs th~t his client is being ch3rg~d with violating Ordinance 76-71, however, he does not consider this to be true. Mr. Nichols claimed that Ordinance 76-71 is only applIcable to public utilities operating under a franchise grð~ted by the Board of County Commissioners, and he read a portIon of the title thereof, upon which this position is based. He said that the reason that The Glades does not have a franchise is because they do not seem to be able to get an application for one scheduled before the BC~. He said that the information and documentation that is not part of the report being put together by the rate consultant will be prcsented to Mr. Serzon today. He said that other thingr. thôt he h~5 he~n requestIng ~rft aJready on fil~ in the County's Puilding Departme~t and have been available to Mr. Berzon for the last five years. The availability of a -model Ol draft- franchIse agreement from the County was discussed in respon~~ to Commissioner Wenzel's query, during which Mr. Nichols stated that he has never been furnished with ð~Y form or draft franchi3e agreement. County Attorney pickworth ~tated that what the County is seeking from Mr. Nichols' client is financial information. CommissIoner Wenz~l asked for clarification as to whether or not Mr. NIchols ha3 ever been presented with a copy of the wording, etc., for a franchise agreement which would be acceptable to the County which deals with wording, etc, and not the financial aspects of a franchise. Mr. Pickworth replied negatively. Utilities M~nager Irving ßcrzon ~tated that the i~scc 10 becoming ~ ~~~~5 Page 34 ~OOK 068 PACE 196 March 23, 1982 confusod, in thÐt he bclieve~ that getting a franchise a~reement that 1s acceptable to bú~h parties is secondary to g~~ting the inform~tion upon which the terms ot the franchise, the franchise area, the rates that will be charged, etc. will be based. He said that, up to this point in tIme, he has just heard promises about this information, however, he has not received the ~aterial that is essential for developing the area, terms, and rates. He said that the issue which led to the letter of March 10, 1982 was merely his reminding the Board on March 9, 1982 that he h'ls never had a rel'iponse from The Glades. Commissioner Wenzel stated that he still believes that a ·standard franchise form· shQuld be made available to The Glade~. He said t~~t if this is filed and the two pa r tie s agree upon th~ terms, the only t h i ng le ft to negotiate is the price, much J i ke a standa rd form for a lease o. a contract. Mr. Be r zo n said that this was discussed with representatives of The Glades as far back as l~st Decpmber, and no agreement could be reached as to upon what basis the rates would be decided, i.e. congtruction costs less depreciation or replacement cost. Mr. Berzon said that he believes that, in order to get the matter befo-e the Board in a rational manner, the County has to know what the costs are and how the rates ar~ going to be reflected by those costs. He said that he believes to t~lk abo~t an agreement, which is really the ·wrap-up· of all the aforementioned Information, before having that Information first would just lead to more confusion than clarification. He saId that It has been his experience that, when ð franchIse is developed, the firdt order of business must be to develop a substance of information upon wh1ch the franchise wIll be based. Commissioner Wenzel said that, while all the part4es are pre~ent, he believes that pag e J5 March 23, 1982 the Board should give clear direction that the matter be brouqht to a conclusion as soon as possible. He said that if the applicant is at fault for delaying the matter, then, the staff should so stipulate and the Board can deal with the matter from that position. He also stated that he considers that this matter has gone on long enough, adding that it appears to him that the matter has gone around in circles for years. Mr. Nichols stated that the franchise agreement that he has submlttcd was modeled after the one in Golden Gate and the one with Deltona, because they are the two that this Board had previously approved. He said that there is nothing in thi5 franchise agreement that deals with financial background and data because it is strictl¡ an operational agreement, pursJant to which the BCC controls rates, etc. Further, Mr. Nichols stilted, there is no point L, him coming to the Board and talking about r~te~, when there Is the po~slbility that after the rale~ are íir'dlly approved, the staff comes up wIth a franchise agreement that would only approve those rates for five years before requicing The Glades to connect into th~ rOlJnty's Gystem. H·~ said that h& has ~o idea what kinds of things the County intends for the franchise document to contain and he asked that he be allowed to see it hefore he must apply for approval of it. Commissioner Wenzel stated that. hc sees no reason thðt the County cannot approve a fnlnchise and then hold a rate heatIng to establish the respective utility rates. Commissioner Kruse poInted out to Mr. Bcrzon that she has seen the proposed franchise area maps, as they were presented before the Board during II prior meeting. Therefore, she asked, on what basis was tho statement made by Mr. Berzon that he h~s no Information regarding The Glades' proposed franchise IIrea7 Mr. Rcrzon stated that he was never ~ 008 fA~ 197 Pa q e 36 tII1 G K 068 fAC£19S Marc~ 23, 1982 given copies of those maps. She ølso asked how Mr. Berzon can calculate a rate structure befor~ the size of the frn~chi5e area is determined? Mr. Berzon stated that he c~uld because the area and the rate structure are only related as far as the amount of capacity that the utility must provide l~mediately. He said that ~ utility is not necessarily justified in building a plant capable of serving an ulti~~tPly l~~ge sized arca and chargIng the present users in a small area for that large capital investment. He stated that he still maintains the position that Ordinance 76-71 not only deals with franchised utilities, but, also dp-als with the Board of County CommIssioners' right and responbiblllty to review and approve utility rate~ whether there is a fr~nchise or not. Mr. Berzon stated that he considers that the noard must first establish the rates and then consider the development of a franchise, adding that, in the event that the size of a franchise ju;,tifies a change in those rates, the Board could go back and change them ,1ccordlngly. He said that, at this point in time, The Glades Utility is charging a rat~ that goes far b~yond that which was charged in 1976, when the Ordinance was ðdopted. He said that they have raised their rates to approximately three times the original rates without benefit of Board approval. Chairman Wimer asked Mr. Nichols if he had any problem with the idea of the Board appointing a Commissioner to mpet with the parties involved in an atLcmpt to get this matter off-center? Mr. ~ichols replied negðtively. He said that he does not agree with Mr. Berzo~'s theory that Ordinance 76-71 applies to unfranchised utilities and noted that, to his knowledge, there has never been an attempt to arply it to any of those sCiltter('d throughout the County. He also said that he has Page 37 Ma r c h 23, 19 8 2 never seen Mr. Berzon's recommendations relating to rezoning applica- tions, where the devclopers will provide their own utilities, includa stipulations of mandatory compliance to BCC rate reviews a..J approval nor ~ny fer ~~~datcry !r)n~hi5~S. He s~ld th~t hp w11' bp. qla~ to submit the utilIty rates to the review of the Board once the franchise is granted. Mr. Bcrzon stated that hp. has no problem w\th meeting in the company of a Commissioner. Commissioner Brown moved, seconded by Commissioner Kruse and carried unanimously, that CommIssioner Wenzel be appointed on behalf of the Board to meet with representatives of The Glades and the Utilities Director for the purp~se of settling the concerns discussed this date by the Board relating to The Glades franchisü, franchise area, rates, etc. CommissIoner Wenzel stated that he would get together ~lth tho County Attorney Rnd Mr. Nichols and determine the time and date of the meeting. Chairman Wimer no~ed that the media would be welcome and it was noted by Mr. Pickworth that he considered that the meeting would fall under the Sunshine Law, therefore, the public would be ~llowed to attend and participatc if they wish. Chairman Wimer agreed, however, he added, he hopes that the interested partlcr- could air their differences and come to terms in an effort to bring this matter to a conclusion. SERVICES Of ATTORtJEY J. W. FIXEL RE IHGHi-OF-W^Y ACQUISITIONS AND LETTER AUT~ORIZING PAYMENT OF HIS fEES FROM BOND fUNDS FOR ROAD DEPARTMENT - APPROVED County Attorncy pickworth recommcnded that the professIonal services of Attorney J. W. Flxel be approved for matters relatln~ to County acquisitIon of rights-of-way, on an -as-needed- basis. He briefly outlincd Mr. Fixcl's b~ckground and thcn suggested that the ~O()~ QS8 rAcdee Page 38 ._--- ~OO ( 068 PACE 200 March 23, 1982 Ðoard approve the execution of a letter authorizing payment of fees for Mr. Flxol'n sorvlcos fro~ bond funds for the Road Department. Commissioner pistor so moved, seconded by Commissioner Kruse and carried unanimously. Pa9. 39 I. ~~)) "." '!:-' . ~ ~"" ::::::J ----...-....--,-..,-.'.. . .-.---...........-,.,~, . . tlOQ1( 068 PÁc£ 202 "Arch 23, 1982 LETTEn OF CCNFIRM^TION OF ~VATAR'S FORMAL T~RrFP ~HEET - ~UTHORIZED County Attorney picKworth recommended that the ß~ard authorizo a letter of confirmation that ^vatar's formal tariff sheet accurately reflects tho Board of County Commissioner's decision regarding their rate increase. He reported that he has studied tho tariff sheet and it does so reflect. Commissioner pistor 50 moved, seconded by Commissioner Kruse and carried unanimously. ROUTINE BILLS - p~rD pursuant to Resolution 81-150, the following checks were issued through Friday, March 19, 1~82, in payment of rou\.ine bills: FUt'W - CHECK NOS. AMOUNT County Checks 5059 - 5304 $ 733,912.73 CETA 8541 - 8575 5,551.38 BUDGET ^MF.NDMENTS NO. 82-79 THROUGH 82-124 (ANNUAL MID-Y~R IIOUSEKEEPING/BUDGF:T PREPARATION PROCEDURES) - l\DOPTED Commissioner wenzel moved, seconded by Commissioner pistor and carried unanImously, that the following Budget Amendments, which are a part of the annual mid-year housekeeping/hudget preparatIon procedures, be adopted as indicated: GENER¡\L FUND NUMBER CEPARTMENT/DESCRIPTION AMOUNT 82-78 AdmInistrative Services (wage and salary adjustments) $ 1,968.00 82-79 t~rlculture/Home Economics (wage and sal- ary adjustments) Animal Control (wöge and salary adjustllent-) 2,d72.00 82-80 1 ,044.00 5,500.00 82-81 AnImal Control (additional payments/H~an. Soc iety) . Pðq. 40 ~tN.,,~ c:::::3 c:::3 .._.._.~..~.. ...- 82-82 82-83 82-84 82-85 82-86 82-87 82-88 82-1\9 82-90 82-91 82-92 82-93 82-94 82-95 82-96 82-97 82-98 82-99 132-100 March 23, 198 2 Civil Defense (wage and salary adjustments) Health Dcp~rtment (reorganization of financial ~anagement project) Engineering (wage and salary adjustments) Library (wage and salary adjustments) Museum (wage and salary adjustments) Parks & Recreation (wage and salary adjust- me n t s ) Personnel (wage and ~alary adjustments 353.00 6,700.00 6,828.00 7,925.00 987.00 6,433.00 2,000.00 Planning!MPO Section (appropriation of Fed- 44,772.00 eral MPO grant money and providing new budgot.ary unit) :~blic Safety AdminIstration (wage and salary 967.00 adjustments) Public Service Adm1ni6tration (wage and salary (17.00 adjustr:1ents) Public Works D1vision (wage and salary adjust- 2,760.00 lCents) purcnasing (wage and salary adjustments) 1,145.00 Social Services (wage and salary adju5tments) 4,279.00 Vetera;'l's Service (w3qe and salary adjustments) 653.00 Youth Guidance Volunteer Progrðm (wage ðnd sal- 1,076.00 ary adjustments) BUILDING MAINTENENCE FUND - Building Maintenance (wage and salary a~just- men t s) Building Maintenance (repair of air condition- ing compressor 5) COMPREIIENSIVE EMPLOYMENT TRAINING ACT C.E.T.A. (~ppropriðtlon to allow final fund- ing allocation from balance of State Prime Sponso r. ) cOLl.r ER COUNTY EMS FUND Emerg~ncy ~td1ca~ Services (improve.~nlb Lo Immokaloe substation) ~ 068 PACE «1)3 > ~._ _ .__~~_ w ... .........._.I~................ 4,467.00 3,760.00 76,576.00 7,000.00 paq. 41 - ....,,-~-- 82-101 82-102 82-103 82-104 82-l0S 82-106 82-107' 82-108 82-109 82-110 82-111 82-112 82-113 ~~ Q68 p~t£ 3)4 March 23, 1982 Emergency ~.dica1 Services (wage anJ salary adjustments) Emergency Medical Services (establishment of revised bl11jng activities~ GOLDEN GATE FIRE CONTROL FUND Golden Gate Fire control (wage and salary adjustments) HELICOPTER OPERATION FUND Helicopter Operation (w3ge and 5alary adjust- ments) OCHOPEE FIRE CONTROL FUND Ochopee Fire Control (wage and salary adjust- me n t s ) ROAD CONSTRUCTION - 5 & 6 GAS TAX FUND Transportation/Secondary Roads (wage and salary adjustments) WATER MANAGEMENT OPERATING FUND Watør Mðnagement (wage and salary adjust- ments) WORD PROCESSING FUND Word Processing (wage and salary adjustments) UN INCORPORATED AfL~A MST - COMMUN IT~' DEVEL0PMENT - zoning (wage and salary adjustments) Gr.Nr.RJ\L FUND Agriculture (accurate reflection of current expenditures) Agriculture/Home Economics (minor equipment orlgin~lly budgeted as capItal expenditure) Court Counseling Program (increased expend i- ture~ LU( suppll,.& and øqulpr.:cr.t) Lethal Yellowing (accurate reflection of current eJ(~er.:)\t.ures) -.-..., , , -~~,~..... c::J 5,760.00 25,500.00 1,279.00 167.00 721.00 4,324.00 1,306.00 1,392.00 1,727.00 1,705.00 215.00 11 0.00 120.00 Page 42 ~ .....___J .....~.---...,...._-- 82-114 82-115 82-116 82-l17 82-118 82-119 82-120 82-121 82-122 82-123 82-124 !'larch 23, 1982 pørsonrlel (temporary clerk) Public Works Division (office equipm~nt as non-capital expenditures) Purchasing (attendance at seminar) WATER MANAGEMENT FUND Aquatic Weed control (purchase of chemicals for aerial contract service) BUILDING MAIN~ENANCE FUND Building Maintenance (accurate reflection of currcnt expendItures) BuildIng M~intenance (replacement of equip- ment, contractual services r~ndered in 80-81 but invoiced 81-82, and to accurately reflcct current expendItures) INCORPORATED AREA MST - COMMUNITY DEV~LOPMENT FUNC Community Development DIvIsion (accurðte reflec- tion of current cX~,"flùiLures) COLLIER COUNTY EMS FUND Emergency Medical Services (accurate reflec- tion of current expendItures) ROAD CONSTRUCTION 5 & ~ GAS TAX FUND 2,559~OO 200.00 658.00 20,300.00 4'7.00 5,029.00 250.00 1,800.00 Transportation - SecondiHY Roads (provision 98,200.00 of unanticipated expenditures for ,taff, engineerIng, professional s~rvices, vehicle reimbursement, equlpmcnt repair and installation of telephone for field office) ROAD AND ßRIDGE FUND Transportation/Road dnd ~rldqe (Clerk and Tax Collector fees and utilization of helicopter) Transportation/Road Maintenance (cost of head~311s ðnd ~lopc protection for two canals) M:Þ: OG8 t).t£205 ..- --~--- b.",,",,~1k 900.00 2,~')O.OO Pa9. 43 ·, March 23, 1982 COUNTY M^N^GER TO INSTRUCT BUILDING CODE COMPLIANÇE DEPARTMENT NOT TO ISSUE BUILDING PERMITS fOR SINGLE FAMILY RESIDENCES WITH UNDER 1000 SQ. rT. ARE^, EFFECTIVE THIS D^TE UP THROUGH 3 30 62 Commissioner Wenzel stated that it has come to his attention that the present zoning Ordinance contains a minimum floor space area requirement of 750 sq. ft. for the Estates District and he r~quested that the staff bc instructed to change that figure to 1000 sq. ft. as 800n as possible. He stated that it was never the intention of the Board to reduce the minImum requirement when it was discussed during the meetings prIor to the adoption of the Zo n i ng OrdInance. This position was confirmed by acclamation by the members of the Boa rd. Community Development Mmlnistrator Tcrry virta stated that he understood that the matter must be treated as a zoning amendment and therefore, go througl1 the entire public hearing process wherein it must be advertised and heard be(ore the CAPC and tile BCe. Chairman Wimer stated that he could se~ no reason that the entire zoning amendment process would have to be instituted, pðrtlcularly since it was reduced 1n error, either hy a clerical mistake or a misinterpretation cf the motion wherein it was decIded not to reduce the minimum square footage and that the prior requirement of 1000 sq. ft. ¡hould stand regarding the Estat~s District. County ^ttorney Pickworth requested that he be allowed to meet with Mr. virta and determine the appropriate method for making the change In the ordinance so as to properly reflect the intention of the Board. Commissioner pistor said that he was concerned because he understood that the same matter Is applicable to the Naples Manor area. Mr. PIckworth suggested that the ßoard direct the County ~~nðger to notify the Ouilding Director that he Is not to issue any buildIng permIts for single family residences that fall under the 1000 ?o~ œa PA';i251 pag 0 44 . ._,_,__"'.-_..____..._~~-......."'..~~.,.",tJ1I/fIfI',..................----',. _.~._",.._--_.'"..__..._' ~OOK œB PAct258 March 23, 1982 aq. ft. floor space minimu~ requirement, effective immediately and up until next Tuesday, at which time the Board will either ~ake the chang- to the zoning Ordinance, or, if this is not possible, the administra- tive order to stop the issuance of those particular permits can be lengthened until such time as the ordinance can be properly corrected. Commissioner pistor so move~, seconded by Commissioner Kruse and carried unanimously. CERTIFICATES OF CORRECTION TO TAX ROLL AS PRESENTED BY PROPERTY APPRAISER'S OFFICE - AUTHORIZED FOR EXECUTION BY CHAIRMAN Commiszloncr Wenzel moved, seconded by Commissioner piGtor and carried unanimously, thðt the Chairman be authorized to execute the following Certificates of Correction to the Tax Roll, as presented by the Property Appraiser's office: 1978 TAX ROLL HUMBEhS DATEG - 603 3/16/82 1979 TAX ROLL 655 3/16/82 1981 T^X ROLL 447 - 454 456 - 457 459 - 464 3/1/82 - 3/)5/82 3/16/82 3/18/82 - 3/19/82 1981 TANGIBLE PERSONAL PROPERTY 1981-122 - 124 3/16/82 - 3/17/82 EXTRA GAIN TIME FOR INMATES A-38455 , ^-31S8 - APPROVED Commissioner Wenzel moved, seconded by Commissioner pi.tor and carried unanimously, that extra gain time b. approved for the followinq inmate., Pac¡ . 4 S I. ".--, L-..,,,,¡ L rJ ...._._'·....v, .._, ....·c·_........._-, . . ..-.. ,.~.".. '. ............. ..,..,........,... <,...- ..··4....... · . Ma:.-ch 23, 1962 IHM1\TE NO. ~-)8455 A-3158 AMOUNT OF EXTRA GAIN TIME NEW RELEASE DATE 15 days 48 days 4/9/62 4/12/82 TAX COLLECTOR AUT:iORIZED TO ISSUE DUPLICATE TAX CERTIFICATES NO. 4211 , 4195 TO T. H. BROUSSEAU, DUE TO LOSS Commissioner Wenzel moved, seconded by Commissi~ner pIstor 8nd carried unanimously, that the Tðx Collector be authorized to Issue duplicate tax certificates No. 4211 , 4195 to T. H. Brousseau, due to 108s. ~oo~ 068 rACE 259 paq. 46 ._..._-- ì T 'I JMIIiIII..JII"lfInw - -.--.---.,....,-.-..-- MO( œs,~ 262 March 23, 1982 CERTIFICATE CF RECORDS DISPOSITION RE SUPERVISOR OF ELECTIONS FiLED FOr. THE RECORD pursuant to Dopartmcnt of State regulations, Certificate of Record Disposition re destruction of Elections materials by the supervisor of Elections, was filed for the records Pa9. 47 ¡, cz:::J ......--'J ,--ì ......,..........~.- .____..."._ --_.or __.......-~_. ,.- MOK 068 fACf264 March 23, 1982 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED Therc being no objection, the ChaIr directfto the following corrdsponJence be filed and/or referrcd to the various departm~nt~ a8 indicatedt 1. Letter dated 3/11/82 from John D. Leslie, Acting Direc- tor, Rural Policy Coordination Staff, re the 1982 Agriculture Appropriations Act not providing appropria- tions for the Section 111, Area Development Assistance plannIng grnnt program. xc Mr. Hall. Filed. 2. Letter dated 3/10/82 from Cheryl D. Cromwell, Director, Office of Community services, re the Weatherization Assistance Program for 1982. xc Messrs. Norman and vir t a . F il ed . 3. Letter dated 3/16/82 from Mary G. prasch, Court Aide, transmitting monthly report of juveniles incarcerated for Februð!:y, 1982. filed. 4. Letter dated 3/18/82 from John M. Morehead, Superinten- d"!nt, E'Jcrglades Nationill Park, inviting BCC to the World Heritage and ~iosphcre Reservc dedic~tion ceremony on April 6, 1982 commemorating f:verglades' internatIonal importance. FilE/d. 5. Copy of minutes of the Naples City Council, March 3, 1982 me~tiny. Filed. 6. Copy of minutes of the CAPC and CCPA 2/18/82 meeting and the 3/18/82 agenda. Filed. 7. Copy of minutes of the Goldcn Gilte fire Control ^dvlsory Committee 2/9 and ]/9/82 mecting5. xc Mp.ssr~. Norman and Dorrill. Filed. 8. Copy of the minutes of the rAPC 12/2/81 meeting and the agend¡ Cor the 3/22/82 meeting. Filed. 9. Copy of memo da~ed ]/16/82 from Richard W. SmIth, P.E., Chief, Bureau of Wastewater Management and Grants, DER, re EPA funding of the Construction Grants Program. xc Mr. Berzon. filed. 10. Copy of Administratively approved DNR permit number CO-38, pursuant tc Sections 161.052 or lfi1.053, F.S., to Gertrude M~ad Ott, c/o William H. Buckhannan for a 5' high, ..OOÒCII 1-'( tv..,-, (ër.ce ..t 20 ~ighth ''':C:'.UC! South, Naples, FL. Filed. pag. 48 f_ r ",":,:~j -~--4-..' " ~.-....- March 23, 1982 11. Copy of letter dated 3/1/82 from Dr. Elton J. Gissendanner, r.xecutive Director, DNR, to William S. D. pattisoo, A.I.A., qrantlnq a one-year extension for Permit CO-PlO-SO (or Pevely Da}ry Co. and Chris Kerckhoff. Filed. 12. Copy of ~etter dated 3/3/82 from Dr. Elton J. Gissendanner, Executive Director, DtlR, to Robert J. Motchkavitz, P.E. granting a one-year extension for Permit CO-P20-81 for Marco Seaside, Inc. (Tho Delton~ Corp.). Filed. 13. Letter dated 3/4/82 from G. H. Wðlter, Sðles Represen- t~tlve for Star-Line rc an Alternate Bid for Bid 1552 for a 1982 Modul~r Type III ambulðnc~. Copy of memo dated 3/8/82 from M. G. ThIele, purchasing Director to E. C. Smith, Admir.istrative Services Director re same. xc Mr. NQrman. Filed. 14. Letter dated 3/11/82 from Capt. William O'Connell re Or~inance No. 82-14, Commercial Haulers' Fee, requesting consideradon of a $1.00 fee to all persons using the landfill. xc Messrs. Norman and Barksdale. Filed. 15. Letter dated 3/11/82 from W. J. Blick, vice-PresIdent, Palmer Communications, Inc. transmittIng their check for $67,378.78 repre!;entlng 5% of $1,3117,57':>.54, the gross receipts for 1981 from subscribers of Collier County CATV system and noting that an accounting from Peat, Marwlck, Mitchell & Co. should be r¿~elved within 30 days to verify same. The rheck was delivered to the Fiscal Officer's Office. Filed. 16. Letter dated 3/11/82 from W. J. Blick, vice-President, Palmer C~mmunications, Inc. transmittin~ ~heir check for $30,8¡5.34 r~pre5enting 51 of $61G,306.Al, the gross rec~ipts for 1981 from subscrlber~ of Marco Island C^TV ~ystem, and noting that an accnunting (rom Peat, Mðrwick, Mitchell & Co. should be received within 30 days to verify same. The check WdE delIvered to the Fiscal Offi~cr's Office. filed. 17. Copy of memo dated 3/5/82 from Nan Bartek, Division of Local Resource Mðnaqement, re Correction in Salaries publication {or 1981-8¿ transmItting statutes to be substituted for the statutes which appear in the back of the publl~ation. xc ConstItutional Officers, Messrs. Jim Giles and IIbrold L. Hall. Filed. 18. Lettcr dated 3íl7/B2 from Jane R. Harris, DIrector, Division of Statutory Revision, transmittIng a supple- ment updated to include special and local laws enacted during the 19C1 lcgi~lativc ~e~sion. Piled. ~~ 068 I'Act 265 P_c¡. 49 _. -_._...~..- &O~ ~ PAÏri 266 * * * *. March 23, 1982 . * * * . . * * There bving no fULther businoss for tho good of the County, the meeting was adjourned by order of the Chair - Time% 11:32 A.H. BOARD OF COUNTY COMMISSIONERS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL C,£ !J~ C. R. - U S· WIMER, CHAIRMAN, '., Thés~ mInutes ðpproved by the BCC on prescntè~ X or ðS corrected ^!,ril 13,]QfD .os I. t::J Page 50 .--' ...... ¡ -