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BCC Minutes 04/14/1981 R . ,\.,.¡: ·t.}~ Page 1 \,{ ...,.: '~':;~~. : " . ~ . ~ ,i':{i- , i' ~ ' "1' .' .. :'i ·:r.7"~-·~' .-:,; ~. to.: ~ '~I .' ~ '.. .; l- ~~ ~:~ ~ 'f. . ~I- ~. '..: '.. - " J '. ." .t;;.. l1li . " <=:1 . . . . 'r.: 1I::t I.,' ,,;t '. , . ',f., .', --~. -. . ,_ 4'.''''' . ,f '. '....J_ "..<._.....£.....;~,.c. ".;.:.;.iI:....... '... ~¡.-..,. . . . r ..... .#.j,.,. . , \ Naples, Florida, April l~, 19A1 : ". .'-;. , LET IT BE REMEMBEnED, that the Board of County Commissioners in anð for the County of Collier, an~ also actin~ as the governinq board(s) of such special districts as have been created according to law and havin~ conducted business herein, met on this date at 9:00 A.M. In Regular Session in Building "F" of the Courthouse Complex with the fo~lowing memhers present: CIIAlnMlIN: John A. pistor VICE CHAIRMAN: Clifford Wenzel C.R. "Russ" Wimer ~ry-Frnnces Kruse David C. Brown '. ." ALSO pnESENT: Harold L. Hall, Chief Deputy Clerk/Fiscal Officer; Darlene Davidson and Elinor Skinner (1:30 P.M.), Deputy Clerks; C. William Norman, County Manager; Donald pickworth, County Attorney; Terry Virta, Community Development Administrator; Lee Layne, Planner; Jeffory Perry, Zoning Director; Irving Berzon, Utilities Manager; Clifford Barksdale, Public ,",'orks MJministrator/County Engineer; Thomas Hafner, Public Safety Administrator; Don Norton, CF.TA Director; and Deputy Chief Raymond Barnett, 5heriff's Department. &OaK 0'" 061 rACE . . "'" ," "ôt 'j":',!' ..... '.' >....~:--~. ...~~.~ .-~'- ~-·.:'~7 ~ . . ~ (.": ., .' ~h"""""'''"''''''__'''''''--''''''''_'_'__'''_'''"''__'_''''''___''''_~'''''-''''>''_~.." ".u~..___..,._._..,......___,,_....__'"''''_."'_·.."_~__..._.._...._"'''__,.____.._., " " '..:'" .4 I' ;," ~." -~." '. t:. ;'; \: ,,-.:,' . -, ~.. 'II.." '. .,." "~\,:; :~: .: c=2 · : w....._.!J ;,.t '. .. . , . "'" o' , .,. ~ .... ~pril l4, 19R1 ^GEND~ _ APPROVED ^S INDICATED IN ITALICIZED FonM WITH lIOOITIONS .' Commissioner Wenzel moverl, seconded by Commissioner Kruse and carried unanimously, that the italicized agen~a be approved with the following additions: a. Resolution requcsting financial assistance re Detoxification Center in Immokalee - added. b. Resolution urging support of U.S. Senate Bill ~53 and House Rule l407 re decision of that portion of the Voting Rights Act which requires the publication of ballots in other languages - added. c. Discussion re the spraying and mnintenance of the Golden Gate Canal System - added to Public Works. d. Item ll-ß, Agreement for interim financing of construction re Goodland h'ater District - continued to 4/21/81. e. Clerks Report - Budget Amendment re ~rand'Jury Expenses - added. f. Authorization regarding public advertising anrl notification re the referendum rclated to the proposed Ch~rter - ad~ert to Miscellaneous Corrcsponnence. PRESENTATION BY STUDENT REPRESENTATIVE ANDREW HOWLETT OF TilE STUDENT ÇITIZEN PARTICIPATION IN GOVERNMENT PROGRAM Andrew Howlett, Student Representative of the Student Citizen Participation in Government Program, maàe a hrief presentation regard- ing this newly organized program. He commented that 19n1 is the first year for th1s program, subsequent to the success of a pilot program in 1980. He said that the program's participants range in grade levels from S to l2 and that all of the students are looking forward to ð beneficial year of participation. He thanked the League ~f Women Voters and the Collier County 1111 Foundation for their sponsorshIp of the progrAm, as well as the BCC for inviting the participants to be here today to observe their County Covernment in action. pago , ~~ 001,~ 05 7~~-:;-·~-: . ... ~ ...... l" .';:!' "!": ~ - T'~- Tf", n~"!'f."':· ., ,.'. ~ ~... --, ...~._...,.......,~- " ' l- . '. , .. 4 ~~ . .. . t.; . I 'I ·1 ._0. J... 'I I î~ .~. ;¡", t. t~ ,i " ~ ~ . - ...-.. ...-. 061 fACE 06 April 14, 1ge1 ,. .¡ Chairman pistor commented that he folt this is a worthwhile pro- gram ~nd welcomed all of the student participants who stood and were recognized by the Boar~. ': RESOLUTION Pl-n9 REQUESTING FINANCIAL ASSISTANCE nE DETOXIFICATION CENTER IN IMMOKALEE - ADOPTED Following Chairman pistor's comments in favor of ~ detoxifIcation c~nter to be located in the Immokalee area, Commissioner Wimer moveð, secon~ed by Commissioner Drown and carried unanimously, that Resolution 8l-89 requesting financial assistance regarding the establishment of ð detoxification center in Immokalee be añoptcd. " Page 3 ...- ..,,_. '. . .'. , , . . '.' . ,~ , I . " ',' . ~:.,;~.',. \. \ ;;..:~ '::. "":i:c= . .".' '.< ,r;:;I: ' :;';:~..: ~ . . . , . ',' , ", ...... of < , ..::.... ".~ : -·,5 ~':ì...._. \,,;;;.;~...,. . ..~... .. ~. , .,' ..·..........:..;,r , " '. ' .-: '- ,.' .a.pril 1~, 1981 RESOLUTION Ol-90 URGl~G SUPPonT OF U.S. SEN^TE BILL _53 AND HOUSE RULE 1407 RE DECISION OF TII1\T ponTtON OF TilE VOTING RtGIITS 1\CT \>flIICH REQUIRES THE PUBLICATION OF BALLOTS IN OTHER L1\NGUlICES - 1\DOPTF.D _ Commissioner Wimer moved, seconded by Commissioner Brown ~nd carried unanimously, that Resolution 81-90 urging support of u.S. Senate Bill '53 and House nule 1~07 re decision of that portion of the VotIng Rights Act which requires the publication of ballots in lan- 9uages other than English and opposing that rcquirement be adopted. , &COX 061 rAtE 09 Pat]8 .. .1 ..... . ~. 4......,. .,,-, "',---. "1: . ~.... '4 , , ~, .'" . " . ~',: \:., I ...._ _~ J.. .' , . . '~~·T-T.. ., .- , I' , \ -~ ~ . . '. I t J - . 061 PACf 12 ^prll 1", 1981 PETITION SMr-~1-2C, N^TION^L TnUST CO., L^ND TnUST ~5lßl, REQUESTING SUBDIVISION M^STER pl~N APpnOV~L FOR COLLIER PRODUCTION rAnK - CON- TINUED TO 5/5/8l Le~ðl notice having been published in the H~ples ~a lvNew8 on March 29, 1981, as evi'denced by 1\ffldavit of publication filed ·with the Clerk, public hearing regar~ing petition fiMP-"l":"C, 'N(ltional Trust Co.., Land Trust ~518l, requesting Sub~ivision Master plan approval for Collier production Park was continued to 5/S/RI by a ~otion offered by Commissioner Wimer seconded by Conmissioner Wenzel and carried unan- . imously. GAC UTILITIES n~TF. REVIEW (CONTINUEn FRO~ 3/?ð/~1' - RATE INCREASE DENIED Legal notice having been published in the Naples Daily News on March ?, 19R1 and in the Golden Gate Eagle on March l?, 1981, as evidenced by ^ffidavlts of puhlication previously filed with the Clerk, public hearing havin~ been continued from 3/24/81, was re-opened to consider a rate increase réview applicðtion for GAC Utilities a/k/a/ Avatar Utilities of Florida. Utilities Manager Irving Bcrzon stated that during the 3/24/81 public hearing presentations were made by both G~C Utilities and tt.~ County's Consultant, Wðrren E. 5ilverman. He said that Mr. 5ilverman pointed out certain apparent discrepancies that he had found in the subject Utilities' documentation presented in the early part of ~arch. He said that, as the result of the need for some sort of resolution of those discrep~ncies, the hearing was continued to this date. Mr. Berzon said that in the interim time the consultant did meet with C^C representatives in Sarasota in an effort to resolve these discrepancIes ra9. 5 .', . . , '. . - ...I\,1 '.=:1 . . ,....., ','~ . ..~~~ . . '., 4,', . ., '., t· . . ',' . ...... _. I.......... ....::.... ." " .t/,J!"., .r..... i.¡\.·.;t. 4.,:&,;-'; -.. ...",;.... t ". . :1-..... ........ . April 14, 19B1 or to revise the requested rates if that became necessary. Mr. Berzon otated that Mr. Silverman has suhstantiated most of CAC's claims in their original rate application, with some modifications. i;t! referred to his memorandum to the BCC, dated ^pril l3, 1981, and noted that it contains the following recommendations from ~r. Silverman: l. The rate for water consumption he re~uced from $l.~O per thousand gallons to $l.3R per thousand gallons, 2. The rate for the sewer usage be reduced by 5¢ per thousand gallon~, from $2.30 to $2.25. Mr. Berzon staten that with the aforementioned exceptions, Mr. Silverman was unable to find any reason to reduce the rate structure as ~as requested. Mr. Berzon requested that he be allowed to address two , matters prior to Mr. Silver~an's presentation nnd that, prior to the conclusion of the public hearing, the Board consider each of the following points: l. He will be requestin~ that GAC Utility Company furnish the County with copies of all complaints from customers, and the subsequent metho~s for resolving them, on a monthly basis. This is consistent with PSC practices, and will allow the County to monitor G^C's metho~s for providing an adequate level of service to the Colden Cate area usors. 2. The matter of clarification of intent on the part of GAC Utilities, regarding imposing charges on customers that might wish to change the size of meter they presently have to a smaller size, in order to reòuce their monthly base charge, needs to he adòresser.. The proposed tariff is one hased on a demand charqe for water and some people in the Golden Gate area presen~ly have meters far larger than actually needed and will have proportionatly larger base charges than may be necessary. Commissioner pistor asked Mr. Silverman why a privat~ home owner who will pay "X" amount of doll~rs for various size meter installation will be charged "varying amounts" for the water they use based on the size of that meter? He said that a person can only use so much water rag- ~ &COlt OB1 nCE 13 . I "-··--~"""I \. .1 r: .: ) \ f . &OO~ 061 PA~ 14 . . c..: ',"~' ': '\Þ \ ..t :-!'pril l4, 19ß1 no matter what size meter it goes through and th~t he does not under- stand why there should be ð "differential" in rates based on the nizo of one's meter. Mr. Berzon reqested that a G^C representðtive respond to the question. ~r. B. Kenneth Gatlin, rcpresenting Avatar uitlities, called upon Mr. Antone ^. Reeves, III, Vice presiðent and Gener~lManager of GAC Utilities Inc. of Florida, who st~ted that the variable ðemand char~e is consistent with the PSC's Rules and Re~ul~tions and thðt the rcason the large size metcr has a largcr deman~ charge is that the engineers design the commerical buldings, etc., to "take so ~uch water per day" and the higher rates for larger metors is based on the "potential deman~ ~n the system". Mr. Reeves said that the propose~ rates are based on two charges; one is the "demand charge" or "service charge"; the other is "commodity charge". He said that the latter is the cost incurred to produce the water used; the former is the "fixed cost" including taxes, rate of return, etc. He said tha~ if the company has to put in larger size mains in order to meet this "potential demand" then the larger sized metcrs should have to pay a larger share of the cost ~ssociated with that demand. Commissioner Kruse stated that she understands that rationale if the company is funding a new plant hecause the company would have to build that plant large enough to meet the higher poten- tial deman~s; however, in this instance, thc plant is already built, with that potential already built into it. Mr. Gatlin said that the plant has to be continually expanded in orrler to serve new customers and that is the basis of charging according to the meter size. Com- missioner ristor noted that C^C did not have this type of rate page 7 , ~ ,I, '. .... ,. t,' l1li . e!I '. ·F< .. I. "", , . , .' . .' It . .. '. ..A" ~ _ ..~.__... " April 14, 19a1 . ' . structure before and he asked what would happen if the proposed rates were approved hy the Board and all the people with large meters requested that smaller ones be installed so that they will he c;,arged less? Mr. neeves stated that GAe would not charge these people for changing the meters; however, they would not give refunds on the charges incurred for installing the larger meters in the first place because someone has to cover the cost of the labor for chan~ing the meters. JJe said .that the original chargp. for installation of large meters is recorded as "contributions towards construction" and is not included in determining rates at all. Mr. Gatlin said that, although he is not advocating that the BCC , must follow the PSC's procedure, he does want the Board to know that they (PSC, have held extensive proceedig rcgarding what kinds of rate structures should be the currcnt structure in this time of conservation and they hJve had many experts testify on this matter. He said that subequently, the PSC h~s arrived ~t the propose~ type of rate structure for existing as well as new syste~s. The PsC requirBs that the subject philosophy of determining rate structures be use~ rcgarding the use of a "demand charge" in addition to thc "usage charge". County consultant ~arren Silverman refcrred to his report rcceived by the Utility Division on ~pr¡l 13, 19P1 entitled Special Staff Report on Application of Avatar Utilities of Flori~a, Inc., ~olden Gate Division for Rðte nel1ef, Test Ye~,MèlY 31_" lCU~~ lie said that at the first hearing he indicated that he had sub- atantial difference between whnt he was able to find in the books and records and the intrn-company financial statements frolT'l which Mr. lIoelke had propared the rate revIew application. fie said that those r, '. &001( OB1 'Å~ 15 Pag e A , .. . .. ~ r.ooY. Oó1 'Act 18 i \ (, \ ..- .¡.'~ WI; . . ... . ^r ri 1 l", 19 e 1 differences gave rise to the question ~ß to the voracity of the ;"", informatión being presented to the 8CC. He said that he visited the ~vatar Division in Sar~sota on Fri~ay of last week and rpviewed the differences that he has discovere~ during his initial review. Mr. Silverm~n said that the result of this visit was to discover that Mr. . , .' . " '. Hoelke had made substantial combinations of amounts that were not reflected within the primary accounts in the books and records as he took them òw:ing his first visit. He said that the net result of the latest visit was thnt there were two clasifications of dollars that needed to be taken into consiòeration in this application for water increase and thøL there was one are~ in which a reduction of dollars was t~ken into consideration in the ~rPlic~tion for sewer increase. Mr. Silverman stated that the result of his latest review reflects that, when rc~llocatin~ the dollar costs between fixed and variable costs, there is a downward movement in the commodity or variable costs experienced by the Colden Gate Division. He said that hased on the ~ historical gallonage sold, and the number of customers during the test year, there is a resulting 2¢ per thousand gðllon reduction in water and a 5¢ per thousand gallons of treated sewa~e for the wastewater division. lie s..,id that the "fixed" charge or the "b~Ge facility· ch~rge, also called a "demand ch~rge·, was unaffected because nothing was discovered during the course of his review that would have permit- ted him to reduce the "fixed cost" of the system. He said that he did not find anythin~ within the books and recor~s or the surrounding documentation that effccted tho amount of depreciation being charged each year to the operðting cost of the system, nor did he find anything but an escalation in the ~mount of real property taxes that the company . Pl'ge 9 ."'.' f:~:,~1 ....~, ··~;B . _t. .-:¡ . '.' '...., :< ..... ; , '. ..." . - ,". ·.c_ '. , .r;:;I . . , . . ·tf. ", "'~' C. ..', ' . '. : ~, ..... ... --....þ --. . ~ .,..-¡:.¡ , .J . " _...___.J," . ." April 14, 1981 has had to pay to the County for the suhject faci~ities located in this County. He said that in addition to this the company's insurance premiums have remained fairly static, with a small upwar~ r1~e, and these arc all fixcd costs of the system. Mr. ~ilverman explained that these costs must be enjoyed by the company by the collcction of a fixe~ fee or a ðemanð char~e which is geðrod to the America ~aterworks ~ssociation'ß listed demand ratings for the size metors that have been Installe~. Mr. Silver~an stated that, based on the information that he has received, the company did not design the meters; the company merely respon~ed to and installed the size meter requested by the developer of each parcel; it w~s either the architects or the developer that ~eter- mined the size of the water service that e~ch individual facility was to receive. He said that he found nothing in the books and records that would have allowed him to reduce the dollars being charge~ as a fixed expense. He said that he made a detailed analysis of the retirements of plant, the additions of plant, the estimated useful lives assigned to those items by the company, and foun~ in e~ch case, with respect to the depreciation assigned to those items, the company is well within the guidelines hy the ^~~A which is a national associ- Ation of water and wastewatcr engineers; it is not a comp~ny oriented association. Mr. Silverman said that, in addition to reviewing the operating expenses, he reviewed the requested rate of return submitted by the company and found that, in accor~ance with current established guide- lines in this state, for a company that has put forth nearly lOO' equity, the PSC has established an order last month for a lO.~\ minimum .' 1 po', , 4, ' ~~ tOOK 061 f!CE 17 Page lO ;"1 ..;-~-- ¡ ";-..... '... ': _.~- -.,."...... .. '......-. ..... ............-... ....~-_..... - ....,.- ... ".. -..,...-- . ' . " -..--.....'...----. ~. ~ 061 PAct 18 .01 \J '. . 1 1Ipril lll, 19R1 rate of return for a ~OO\ equity company. He sai~ that, based upon other criteria, he selcctec1 an incentive rate of l?\ return on common stock and allowed a fi\ rate of return on customer deposits, which figure!:> out to ðn ovcrall rate of return of ll.97\ as compared with the company's requested 14.7\. He sðid that he has, in fact, ,lowered for purposes of consideration, the rllte of rcturn. 110\...ever, said Mr. Silvcrman, therc is IIn anomaly in that lIvatðr, because of its own raw strength, h~s not rcquested what is known as a "fair rate of return". They h~ve requested less than a fair rate of return. ne said that his recommendation to the Board of ll.97\ becomes a "bench mark" that, for purposes of the rate payers, an~ in the event that the company should earn Il.97t or better, the Aoar~ Hill have a "hench mark" on which the Board could order a reduction. Mr. silverman said that the company has requested a roun~ed ~\ return on watêr and, when he reworke~ the numbers, the actual mathematical computations come out to 7.99~. He said that for wastewatcr the company is requesting o1.R~~ and that these requests are substantially/less, in both cases, than the ll.97\ minimum fair rate of return that hc has estahlished. Mr. Silve~man stated that the BCC, as the rate-makers, have the right to establish the parameters in which this compi'lny can operate. Thllt is what the franchise agree- ment provides. They (Avatar) have come to the County asking for rate relief, and he has verified for the BCC that, in the last fiscal year ending May 31, 19~O, both divisions have operðted at ð loss. He said that this means that the company has not earned a fair rate of return; they hllve earned a negative rate which, undcr current existing law, they cannot be forced to continue or maintain. He said that they have requested less than a fair rate of return, and he finds no basis for pago 11 . . ' " .1, ......""....'f',--... .,-.." ),: . ..- .._1 c=2 c::::J . . . ',' , ", .:.;.. ,.- ~. ..-#... . ..-..... '-..t:. , ...' , " . . .. ........ ................ April 1", 1981 giving them any more than they requested and, in fact, he has lowered their requested rate, based on the aforementioned deletions. He said that he concludes that from the standpoint of the water division the company should have the opportunity to collect ~?OB,72".00 in gross water revenues, and $217,3l4.00 in gross wastewater revenues. He stated that this is only ~n opportunity; it does not mean that they will collect those amounts, but, they will have the right granted by the BCC to attempt to collect those amounts. There was a brief discussion rcgarding the proposed rate of return, during which Commissioner Krusc asked ~r. Silverman if it would be fair to liken the investments of Avatar to an individual wishing to " invest SlO,OOO.OO and looking around for thc highest rate of return for that moncy, ie. passbook savings accounts versus certificates of deposit, etc? Mr. SilverMan concurred, ad~ing th~t rate of return being requested is less than what would be rcceived if the company had Invested their investMent of ~3,~82,"12.00 hy the stockholdcrs (Avatar Holdings, in ccrtificates of deposits instead of in the Utility Company. He said that for the wòter division, after taking credit for all the monies paid up front, the company has an initial investment of $353,r./~.OO, and have requested S2P,275.00 e~rnings on th~t invcstment. In answer to Commissioner Kruse, Mr. Silverman said that the amount of doll~rs per gallon charged the uscr is not based on the size of the plant; it is based on the method of treatment and the number of customers on the systcm. ^dditionally, said Mr. Silvcrman, this has to ,be factored by the average demand of thosc customers. Thus, said Mr. Silverman, if the customcr conserves, they will enjoy lower rateßI this 1. the only method of savings offcred to the consumer. When asked by \0. I ",'\ .,h, &00« 061 fAÇ[ 19 ~"'_. . ~. Pago 12 ), I --.... , . ...-.---..., I _...__..__.__w.. ,_ .' _ _ _. - .... -. ...~. .. 'to 061 PACE 20 ,t3 ) . ¡,;;. , . .. ~d 1Ipril 14, 19R1 Commissioner Wenzel if he 9~es the justifIcation in the requeste~ rate increases base~ on the various sizes of meters, ~r. Silverman replied affirmatively. ''l'hen asked If the quality of water was considerec1, Mr. Silverman stated that.the only consideration given is based on the fact that the company has never been c~ted by the State for any violations of water quality rcgulations; all testing has indicated ~he water to be of potnble quality. ***.....*.nECESS - TIME: lO 1I.M. to IO:10 1I.M.····*·*·** There was further discussion regarding th~ rate per month for a residcnce during which Mr. 5ilverman said that he understands that the average home will have a Sr..DO per month "base charge" and will be charged Sl.3R per IDDO gallons for w~ter. Mr. Reeves concurred, addIng that a duplex would he charged $1?.OO per month "base =harge" plus the same ratc per thousand gallons for water. Mr. Berzon asked that the record reflect that Mr. Reeves concurred that Section F, Schedule l, in the original r~te review application requires modification to reflect .I the aforementioned base charges for single family homes, and ~FD'S. Commissioner Brown ohjected to the method of charging for each lOaO gallons for water and outlined the method for charging rates in Immoka1ee, after which Mr. Berzon explained that the Immokalee area is served by a public utility, and not a private utility as is the case in Golden Gate. Mr. Gatlin asked ~r. Silverman if it is true that he prepared his report and made his subsequent recommendation based on Avatar's origi- nal costs and not on fair market value? Mr. Silverman rcplied afflrm- atively. In answer to further questions from Mr. Gatlin, Mr. Silverman said that he did not use "fair value" as referred to in the FranchI.. flal]e 13 '. ,I, .-' '..---.-------:--- .,'/ ~ ., \ , . - \.. ,.," - ,........, , ,I"'" ,: .... c:;::1 ~ . . ~\" , . '-~': ,.. .,' .,. ., , . ',", ", '..... '. ~ .--.. '" " " ..;:-"'- , , , .;.:..!,. . . " ..--- ...._.~- ...-...... ^pril 14, 1981 ^9reemQnt in any of his determinations. He also said that he did not make any determInations as to the return on the "fair value" if thp. Board were to grant all the requested revenues that the co~nany has made. However, that would be less th~n what he had calculated, because the "fair value" would be givin~ the company ð higher rate base than that which he calculated on a "historical cost". Mr. Gatlin then asked Mr. Silverman, if the Board granted all of the requested revenues, if he had made any determination as to whether that would exceed ~ fair and reasonahle rate of rcturn on the original cost basis? Mr. Silverman said that he has testified that the company has not requcste~ a "fair rate of return" for either water or wastewater: they asked for " sUbstantially less th~n a "fair rate of rcturn". The following persons spoke in opposition to the rate increase and voiced objections to the quality of water available to the users in Golden Cate: a. Myrtèl J. Bo ring, 223l 41s t. 5.N. b. Lily Po t t e r , -1280 ISth Plèlce S. \'f. c. Roland n. Sanner, ORO 19th '\Venue S .w. d. Opal Knight, 2155 l,t1th St. 5.~" . e., Lilly ¡.:ilber, 190.1 Hst. Street 5.\01. f. Sylvia Mietty, 2249 41st. Street, S.W. A petition with ~7 pages and approximately lOOO signatures in opposition to the rate increase for ^vatar Utilities was submitted for the record. There was è'I lengthy cHscussion on various points brought forth by the è'lbove-referenced registered speakers, including the apparent consensus of the people in Golden Cate that the water was less than desirable in color, taste, and smell. Mr. Berzón pointe~ out that ,'~ : ....,.þ'. , ,,~.~ , (,J.:. !OOK 0611'!CE 2I Page 14 ..,..... "..' '_." -w_ - ....__.....~.'. ....,.~-- ...... .--..... ., ...... -..-. ... .. .. '. ,'" , :, . .,~~ ~. .;': . :-;.. L" "~ ' I --~_..., ~_...- - --p_. , . " 1 "'I 600:( 061 PAct 22 t.; .....'- ....- I ,,\-\ lip rll l." 19 B 1 'i' :.<~~ 'of''''': .11-; ~ W;I.j¡ :WJ ' ~~'..,~J ¡'~ this is one reason he will be requestinq a monthly tally on all com- pl~ints" and that each person in ColdenCate who feels the wator is objcctionable should register a formal complaint witt) Þ.vatar UtilIties. The method of testing water w~s discussed, during which Mr. Silverman staied again that the water meets State standards for potahility. Þ.lso discussed was the propose~ rates vcrsus the old rates. Mr. Reeves said that if the BCC approves a different rate today the customer will be '" ,'" " chargcd less; if they do not approve the requested tariff, then the customer will continue to pay the higher "interim rates" imposed in January. Commissioner Wenzel moved, seconded by Commissioner Kruse, and carried unaimously, that the public hearing be closed. Commissioner Wenzel said that, if the Board cannot compromise the requested rates and unless they can justify Mr. Silverman's statements, he would move to deny the rate increase for Avatar Utilities. He said the rates are too high. Chairman pistor requested that the Board ,I confer with the lIttorney, an~ Commissioner Wimer left the room ðt 10:50' A.M.to locate Mr. Pickworth. The Utilities Managcr stated that if the Board turns down the rate increase the company has the right to go to court and ask for a rate hearing. He said that unless the County's expert, or whomever the Board designates, can demonstrate to the Court that the company~s rate request is unreasonable, the probability is that the requested rate increase, or perhaps som~ching very close to that, is going to be granted and the cost of the entire legal procedure is then put into the cost of operation and subsequently will be passed on to the customers. ******Commissioncr Wimer retuned to the room accompanied by **..*..*. County lIttorney pickworth Time: 10:53 A.M. Page 15, t , ,1 'Ci "~ . " , ,/, f, . , 't , "~ ....; ?~""I.IJ~~~J~.'fM \_'~I\.~IUI~"""---"~1. ~~<O;.. . 1.. . ,,'-' c=2 ¡;;';j. rD . . "". ", , . ,-, ,.- _... ,0... . ~:: . ,.',..' " ~. ~. . "pdl l4, 19R1 Mr. pickworth stated that, based on what has heen presentcd hcre this morning, and that is the basis upon which the decision in le~al proceedings will be made, there is virtually nothing that is in the record that would support a "turn down". He said that he concurs with Mr. Berzon, who gave the practical effects of what will happen if the BCC turns this rate increase ~own. He said that, if the rate increase is turned down simply for the purpose of satisfying ohjectors to the rates, the Board ~ill not he doing those users any favors hcc~use the cost of the legal proceedings to set thin~s straight will simply he charged back to those uscrs and would just compound the users' objections. When asked about the possiblity of a compromise on the , requested,rates by Commissioner Wenzel, Mr. pickworth s~id that he is not sure there is any hasis for a compromise. He said that the company has presented a rate application; the County's consultant has examined that rate application, the actual hooks an~ records of the company an~, with the exceptions that he hùs outlined, has affirmed to the ~oard that what has been presented to then hy the compony is accurate. Mr. pickworth osked COl7lr.1i5sioner ~"enzel ,,¡hat he proposed would be the basis for a compromise, and Commissioner wcnzel replicd thot he feels the ,quality of water available to the uscrs is a hasis for compronise. ~r. Pickworth said that the only tcstimony heard today is that the water in question mects essential standar~s. He snid that he is not aware of' any l~w or rcgulotion that allows the RCC to "punish the ~ompany" for having wntcr with an objectional smell by giving them lowcr rates. Mr. rickworth said that, if thero are problems associated with thc quality of water, thcre arc ways to handle those kinds of problems, it i. not hy "chopping a few cents off their bill". Mr. Ber%on said that t:A ..., ->';. , \ Page l~ ~ 061 PACE 23 ,_'4_ __ .. . - -------.-- -....-------.--.-..-.......-.-- . . ., ~ '. . " " BOOK 0 S1 PACE 2.4 f' . .... , '., " ,. ¡, ;; . ";~'~.'1 \oç; ~,J ~,.. ,'~ l\pril l", 19R1 , ' if the users have been complaining to the utility comp~ny there should be a recor~ of those complaints, ~nd there should be evidence of tho.. ,',: .¡~ ,)~ '':~ .. , ! complaints. He s~id that the responsibility for ðemo~3tratin9 that there is something wrong with tho water lies with the customers, Inclu~[ng the filing of ð formal complaint alsoi the company's respon~ sibil1ty is to rcspond to thl\t compl{1int IInc1 show evidence as to wha't· ..., '~ t~.; I, . , . . .' ~ . . has been done. He said that just saying one does not like the water does not constitute evidence that there is ~nything wrong with that water. Commissioner loJenzel asked Mr. Berzon 1'f there are complllints on recor~ regarding the quality of water, woul~ this constituteju~tifi- cation for turning òown the rate incrcase? ~r. ßerzon said that it would only be justification for defcrring a rate increase until such time as the probleM is resolved. lie said that once that problem is " " resolved, and {Ill the facts remain as they have been found today, there is no basis to challenge the requested increase. He said that if this goes to Court the judge will be weighing the s~me evidence liS has been I prcsented to the ace. 11 discussion followed regllrðing the need for a public hearing and determination by the Board if the law says that the rate increase must be granted, DS questioned by Commissioner ~enzel, Mr. Bcrzon explained that this hearing is neccssary because, if the application for a rate increase is found to be in error or with information thllt was not justifiable, and the consultant or staff found discrepancies, then, the Board would have hlld a basis for reducing the ra te increase by the amount of the error, such as what I'1r. Silverman was able to do and so indicated earlier. paqe 17 '. 1¡ .4:~ .. '12 . þ' :..~.~ . " ',. 1 ''I ,a:I .. '.. ,: .f"" ~~ t: -,.' ...... ~~, :'~ .,~ ....:, . :'~. ;'" '. . , , . . ""'. .' , , ,...._._..3- .... ._.;... ........'."..,,_ ..1 ......._...-. .....;_ ,.,. . 1\p rll 14, 1981 ~lso discussed was tho reasons that thG company apparently opera- ted at ð loss formerly and is now requesting to make a profit, durIng which Mr. Berzon stated that, in the early years of the ~~velopment of Golden Gate, the developer had to supply a water plant in order to be allowed to sell that land and water/sewer rates were purposely kept low to attract sales of the building sitcs. Commissioner Wenzcl withdrew his motion. Commissioner Kruse stated that the Board's job it to hire a consultant to vcrify the cost of producing the required water and the County consultant has testified that this is what it costs. She said that the law says that the Board cannot force the company to deliver ~ water for less than ~hat it is costing them to operate. She said that if the Board denies this, and the company goes to Court, based on the County's consultant's tcstimony that the company should be given a rate incrcase, the users will end up paying all the legal fees in addition ,to the decision on the rates from the Judge. Commissioner Kruse said that the Board's position is whether or not the company is justified in their request for a rate increase and the expert testimony today is that they are. She said that the Board must dccide on whether or not to risk the people's ·utility bills" on Mr. Sil~erman's testimony. Commissioner Wimer said that he understands those people in the audi- ence that are objccting to the increase want the Board to take that risk and they prcfer taking their chances in the courts. Myrta Boring asked if the petitions submitted would have any effect on the rate increase, and Commissioner Wenzel stated that they apparently would not. There was some discussion as to the verba~e of '. ~. :2!:¡ \ . . ,.. .. ~, v. r aoOK 061 PeE 2S Page lR ...-.......... - .,. - --.... ......-............... . ... ....... ..c" " ............ ." ....., '-........".,...... .. , .. 0' ...,...... ~-.....-. 4 ~~ . < ," , .. ¡., ~.,"< /.. "~~'1~~: ,.- " .::.í ~ ~:r- '"'<'>--.'·..U".d."·""";Io.. ',," , .,'. " ' .;. .' ,"f -: ? , I, ::"J ~ .... , . ~ ...-.------~ ",' ...... .'- ., ......._..... ,þ. ...6,' _ 'j 10..;..... , _" .- -" ... ~ --- . . .. &OOX 061 PAct 26 .:s~' .~¡ lIprll l~, 1981 tho petition and Commissioner Wenzel noted that tho quality of wator 1s· not mentioned therein. Mr. Borzon remin~ed the ßoar~ that the quality' of wAter has not heen proven to he anything less than that which meets State st~ndar~s. Mr. silverman said that the company was grante~ an interim rate increaso which stays in effect until such tir.le as the' BCC rules on the company's request for pcrmanent ratc relief. lIe sê1ic1 that the roason the interim rate was ~rê1nted was becê1use they were operating at 1ess then a "break even point" which, by law, the ~oard cannot force the cOr.lpany to do. He said that he has recommended and the cOr.lpany'has agreed to cOr.lputations that will result in a rate structure that will allow the company to make a $59,000 profit on the first year on,a $1,OOO,OOO investment. Ï'.'hen asked by Commissioner h~enzel what action he would recommp.nd to improve the quality of water, Mr. Silverman said that the first alternative is to rcco~nize that the company is presently meeting tho " only requirements set forth by law for water quality. He suggested that the Bo~rd adopt another standard higher than thp. present standarðs for water quality. He added that if this is done then every utilIty within the BCC's jurisdiction must meet those higher stanòards. Mr. Gatlin concurred. l1e said that if there is any thought that this rate hei'lring is to be tied to W.:1ter quality, perhaps the BOèlrd wo u 1 d ho at A loss as to what it is that the company is supposed to do as they Are r.leeting 1111 the standllrds ê1ccording to present law. Commissioner Wenzel said th/Ü he believes thllt the Board should adopt more stringent quality standards. ra g 0 19 ---..... , ,-.- I., . .1, . , _ ·..~_"'-'w,~ ·c;::a 'C= .... ; . , ,'".:: ~;.:" .. '" '" .' f It 'f", ,., ,I , ___...__~ .1.., , , .' :. . ,..~~.. .. I; ,., " April lJl, l~Rl Commissioner Wimer moved to deny the rate increase for ^vatar Utiliies. Commissioner Brown seconded the motion which carried unani- mously. Mr. Gatlin stated that he wished to put the BCC on notice th~t the company's intentions are to keep the present rates in effect. He said that the BCC waited too lon~ to deny the rate increAse under the terms of tho Franchise. Mr. Berzon disagreed and said that he believes that the agreement will have to be looked at bcforc such a decision could be made. Mr. Gatlin stated that the County recognized the need for a rate increase and that, as far as the company is concerned, the agreement has no standing at all. Mr. Berzon said that In that case the County can authorize the samc rates that the company has now or give the company what amounts to a penny incrcase. Mr. Gatlin disagreed stating that as he undcrstanñs it, the BCC just passed a motion to deny the rate increase. Mr. ~erzon said that the Roard can do whatever they wish in that regard. He saiñ that the interim rntes were to be in effect strictly until there was a hearing on a rate increase; the hearing has been hel~ and the BCC is denying the increase. Mr. Gatlin disagreed and stated that the company intends to have the rates in effect under the terms of the franchise. Chairman ristor stated that the interim rates were to be in effect until the hearing. Mr. Gatlin said that, as he understands it, the Board wl~hed to look at other fi~ures on an original cost basis instoad of tho fair value hasis that was submitted. 110 s.]id that, as an accommodation to the Bo,'rd, the company agreed to submit additional documentation and waived their right to immediately put into effect an increase on a permanent basis Mr. Gatlin stated that he just wanted the Board to be put on notice; h. t ~~'.... . ..,. , ..\'~ &DOK 061 PM.E Z1 Page 20 " :"/'....._--, ' ·f' II I:' e.~' .. "., .~ , . :~ : I . -J ~ ~ . ! , ., ~. '. . . r ,. . ._---_..._---_.¡. .' ....._..~...;......'''''-ÀL,,_.....,~.:...;...~............. In.. ..,:....... ---- ...... ..,.;...... .. r' ....,.......-.. ~ #.-' . ...~.. ~ ,. &00;( 061 PACE 28 ~\, .... ' ...)-,.t lIprll 1-1, 1981 did not want thom to' think that the company was CJoing out and immedi- ately re~uce the rates. AssuminCJ thðt the company is CJoinCJ to rile suit, Mr. p~~kworth asked if it is the intont of the Board that the County continue to fight this matter, and keep the costs running up on the people who will have to absorb the legal costs? Or, is it the intent of the Board that if it is a v~lid suit, the County simply settle it to keep the costs to a minimum? I!e said that the County could make a two year battle out of this matter and the costs could be as hiCJh as ~lOO,000; however, the peopl~ in Golden Gate will be the ones that will have to pay that $lOO,OOO. UTILITIES M^N^GER DIRECTED TO DRAFT ORDINANCE RE WATER QUALITY STlIHDlIRDS FollowinCJ the ~iscussions during the previous rate increase hearinCJ, specifically the comments made regarding the qualtity of water " from the Gol~en Gate Utilities, Commissioner Wenzel moved that the Utilities Manager be directed to draft an ordinance which institutes new stan~ards nnd/or specifications for the control of water quality to which all water treatment facilities in Collier County must adhere, and that the stan~ards ðre to result in a quality of water that is e~ual to or exceeds that presently found in the City of Naples. Commissioner Wimer seconded the motion which carried unanimously. ..................RECESS - ll:20 1I.M. to ll:27 A.M.···················· ..Commissioner Wimer was not present when the meetinCJ was reconvened·· pat]e 21, \ r"-- . ,I. . . ,._.'''.~.r_'''''____,__..." , " . ,', ," " ;~)~~.,>~= ,...,' ~ ; .. ' , . r!I,I , . .r:::;J ~ " .. .: f . . '/", ", ..,-....,...... !.r- -...~......"'...... Ap rll 14, 1981 PETITION V-ßl-3-C, l\PPlIREL BUYING COnpOnllTION, REQUF.STING A Vl\nIlINCE FROM THE SIGN RF:CULl\TIONS TO PERMIT l\N lIDDITIONlIL WALL SIGN ON TIIEIR BUILDING LOCATED l\T NAPLES SOUTH SHOPPING PLAZA - DENIED Legal notice having been publisheð in the Naples Daily News on March 29, 1981 as evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider petition V-Rl-3-C filed by Apparel Buying Corporation r~questing a variance from the si~n negula- tions to permit an additional wall sign on their building located in the Naples South Shopping plaza, Rattlesnake Hammock Road ~nd U.S. ~l, occupied by Tempo Fashions. Zoning Director Jeffory Perry referred to the information within the Executive Summary dated 3/5/Rl and, upon readin~ Sðme, stated that it is staff's recomMendation thAt petition V-~~-3-C be denied on the basis that no hardship has been shown. Mr. Tom Shapiro, representing ~pparel Buying Corporation, the owner/operator of Tempo Fashions, stated that while he unr,erstands the re~son for the Ordinance regulating the prolif.eration of signs along the highways, he does not feel th~t this should apply to this store. He said that the building in question was originally intended to have ~ occupants and that Tempo Fashions is the only occupant. If the store had 8 occupants then the building would be entitled to q signs. He said that he is only requesting that one additional sign he permitted and that it will face the inside of the shopping center, not the highway. He said that he feels that the petitioner should be allowed to attr~ct the potential business from within the shopping center's parking area. He further st~ted that the subject huilding is five- sided, and that he does not feel that the applic~nt would he littering the highway nor the shopping plaza with signs if they were permitte~ one addition^l sign. i~ . ðOOK 0S1.wt 19 , ~ ~),.., .' PA!]. " - .,_.... _._...........~... -...r··..., .........-r . ...........--~..~.'"_........-' ..-........ ~ .......-....-......--- . . . . ....r"l r'i¡ \~.~ = I" ~ ~ ::. I I ~':A .....~~_........_.....:..... ,', .' , . . , .. . ... , :;: ''Ii \ :- , .. ...._.... ..,._........... .........1*-.. -4-. _.._ -. ...---- -- -..-- .. . ......... '. .. ......-. ~OO1 061 PAct 30 :p'r" ~.. -' ~; April 111, 1981 Commissioner Wenzel suggested that the storefront windows be u..ð to install some sort of lettering 'instead of the side of the huilding_ *Commissioner Wimcr entercd the meeting in progress - Time: ll:37 A.M.· Commissioner Wenzel moved, seconded by Commissioner Kruse ~nd carried unanimoosly, that the public hearing be closed. Commissioner \.renzel moved secondcd by Commissioner Kruse and carried II/I, with Commissioner Brown voting in opposition, that Peti- tion V-~l-3-C be denied. PETITION n-Rn-43C, ~AFA^ ASSAAD, REPRESENTING BRUCE MUMM, REQUE5TINC ^ REZONING FROM "GRC" & "PUD" TO "PUD" ON PROPERTY KNOW AS "TREETOPS" - DENIED Legal notice having been published in the Naples ~aily News on March 13, 1981 as evidenced by lIffidavit of publication filed with the, Clerk, public hearing was opened to consider petition R-P.O-1I3C fi led by Hafaa Assaad, representing Bruce Mur.¡m, requesting a rezone from "GRC and " PUD" to "PUD", on property know as "Treetops" . ; planner Lee La yne outlined the general locðtion of the subject property on an overhead map and, referring to the information within the Executive Summary dated 4/3/Al, st~ted that the petitioner wished to develop the subject property in the same manner as the Treetops Development, of which he is the owner. She said that the Treetops property was rczoned by the BCC to allow multi-family and commercial development and mini-storagc units.' She sai~ that the petition is for two additional GRC lots to be added to the Treetops PUD to allow for additional commercial and mini-storage uses. ~s. Lðyne Rtated that the ClIPC recommended forwarding the subject petition with a recommendation of approval based on the revised staff recommendations ~t the C^pC hearing which pointed out the continuation of an existing use and the pago ?3 .--..........- r' '.'.0'''''','' . .. -~... ....... ~"\".- . '., '..1, . , , " ., ,"" ~ := þ '. ',' , . _-4 .......tI. ~ ........... ..- ....-...~... - . ~. .. . .C'_ , l\pr1l 14, 1981 submission of the detÐiled site plan they had requested during a previous hearing. There was a discussion regarding the unsightliness of mil'~-storage units along major arterics in Collier County, the apparent prolifera- tion of thio type of use throughout the County, and the prohlems associate~ with this type of use whereby many mini-storage units are being use~ to conduct husinesses out of, such as Commissioner pistor pointed out is a problem on Marco Island, Commissioner pistor stated that he would like to see some sort of a buffer around mini-storage facilities, such as appropriate land5capin~. In answer to Commissioner pistor, Ms. Layne said that the staff's original recommendation was for , denial, then the petitioner submitted a revised site plan which indi- cates the potential uses and placement of the mini-storag~ facilities and the staff accerted this and reversed their recommendation to one of approval. She said that because of the acccrtnnce of that site plan the developer is "locked" into wherc they will he located ðnd how they will be used. They would have to come to the Board for approval of any further changes. lIlso discussed was the manner in which the County controls the use of mini-storagc huildings, during w~~ch ~s. Layne said that this is carried through on a complaint hasis, wherehy the County's Zoning repòrtment investi~ñtes such complaints. ^lso explained by ~s. Layne was that mini-storage facilities huilt on "CI" zoned propcrty are allowcd to he used for commercial purposes; mini-storage ~acilities built in "PUD" zoned propcrty are regulated by the uses outlined within the PUD Document. Commissioner wenzel moved, seconded hy Commissioner Kruse Þnd carried unanimously, that the public hearing be closed. Commissioner Wimer moved for ^pprovnl of Petition R-no-43C, with , ' : ¡ ~ " . '.... ' 081 3! '. , '\, I ~ .: &OOK PAct ." . . .. I , ,,.: parJo 24 . ··:;---T· ,T, 'I ..' . " '"' J' ; , ' '~ . ~ , . ~~'--:"'.-'.~ t· . ,..".;¡ ,'"I(""}, '!i\¡I'" ,I~': .. ¡., ,f· _It'..f:). ," '. ~-~,\~~f~'~;~::;;":f+,.~'~~r--.-;' -. ..... - . ""'..~ . . i', " . .:-'''' , , , \, . , ' . , ..I ~ . "'"....-..___~.._...... . v .~... . II . . ... . ...... .~.f .J.¡;~ ..,J.. .. .~. . '..,... .. .. '...... -. ,." MOX 061 PACE a2 ~~ }~, Plprll l", 1981 ' the stipulations recommended by staff. Commissioner Brown seconded the o motion. The vote was 3/2, with Commissioners Wenzel and pistor voting in opposition. Chairman pistor stated that the petition is therefore ,denied because a rezone requires four out of five fðVOrë!ble votes. . . .' ORDINANCE NO. 8l-l9, INCLUDING LA~E KELLY UNIT?' SUBDIVISION WITHIN THE COLLIER COUNTY STREET LIGHTING DISTnICT AND AMENDING OnDINlINCE NO. 72~l !lT10PTED ~ Le<]al notice 'having heen published in the Naples Dðily News on March 2(" 1981 as evidenced by Affiòavit of puplication filed with the Clerk, puhlic hearing was opened to consider the adoption of an,ordi- nance amending Ordinance 72-l by adding certain lands of Lak~ Kelly Unit 7. Subdivision to the Collicr County Lighting District, providing for construction, and an effective date. Public ,Works Administrator Clifford Rarksdale stated that a ' petition has been received containing 50% plus I signatures of the property owners within the proposed òistrict requesting the instal- lation of street lights; t~at the cost has been estimated by Florida power and Light Company at Sl,lnn annually for nine 5ROO lumen high pressure sodium vapor lights and one 9500 lumen high pressure sod!um v~por light; and that he is recommending that the suhject Ordinance including Lake Kelly Unit 2 Subdivision within the Collier County Li<]hting District he adopted. Mr. Barksdale said that he hð3 received one letter of objection to the proposed ordinance and the author requested that her name be removed from the originðl petitlon for street lights. Commissioner Wimer moved, seconded by Commissioner Brown and cðrried unanimously, that the public hearing be closed. Commissioner wimer moved, seconded by Commissioner Wenzel and page 25 \ r--- ---.. "'-'." '~-t; , ,- ¡ ,. ,..... ':"'-:'p,.':: 'þ .... ...~....~.. ,......--.~. ,-¡... I,~ '.,1, 0, .' .. . ~ ".: I~. ..,>, ".;ç.. . ',,;..."1i '.:~i , ~c~;.~ ~:)..~ ~>J "" ~~ ; -,', " :;~;,; . .... ", ,. ~"··-_.·......·..__..v......___. h.·...~ ~~" "-"r-""-" "'--, . ";",,... " ,r::a "\,~ =-:J . , . ','" "', .-........ "oIÞ.~'" ...' ..-.. April 14, 19B1 carried unanimously, that the Ordinance, as numbered and entitlcd below, be adopted and entered into Ordinance Boo~ No. l2. ORDINANCE NO. 8l-l9 AN OnDINANCE lIMf.NOrNG ORDINANCE NO. 72-l BY ADDING CERTAIN LANDS OF L~KE KELLY UNIT 2 SUBDIVISION TO THE COLLIER COUNTY LIGHTING DISTRICT, PROVIDING FOR CONSTRUCTION, AND AN EFFECTIVE DlITf.. COUNTY ATTORNEY ¡NsTRUCTED TO INITIATE INVE5TIGlITION nr. PROCEDUnES WHEREBY THE PUBLIC SERVICE CO~~MIsSION IIOLDS UTILITY RlITE IIElIRINGs IN COLLIER COUNTY RATIJER TH~N TilE BOMm OF COUNTY C:OMMISSIONERS Commissioner Wimer mover', seconded by Commissioner Brown, that the County lIttorney be instructed to investigate the procedures necessary , for the Public Service Commission (PSC) to hold utility rate hearings in Collier County rather than the BCC. There was a brief discussion regarding the motion, during which Commissioner Wimer said that he understands that the PSC holds these rate hearings in other counties; that the PSC has the expertise regarding rate regulation; and, that he understan~s that all of the utilities within the jurisdiction of the BCC will havo to agree to this measure. He said that, even if all the franchise holders do not agree ,to this, he believes that the County should follow through with chang- ing the Franchise Agreements with those who agree and that the PSC should handle rate hearings for those agrceable in the future. lie said that he understands that measure could be inititated at no cost to the general t~xp~yers of ~he County. The motion carried unanimously, and Commissioner Wimer requested a report from the County lIttorney in 30 days time. t \ ? \~ ·6QOX 061 PACE 33 Pðgft 2() j :-.. .. -,...;~.." ,) \ ". , ..--,---:----~-·r . ,..., . ~ ..,...."'" ~., ..'P'.... ... .~" "'" ..~..........,..r"'" .." -,.--~.........-. ... -....T·-- '. " . . ,: \,' '. , . .. . ~'. f·.; . ~" . ,t : i~ .L.... _....,...,.__....__.._.. . " .... . ... ~-.... ....~. . . ßOOK 061 PACE U ~. ,J " 'j; 7\¡n 11 14, 1981 ·····Commissioner Wimer was excused from the meeting at ll:45 A.M...... J\DVERTISING lIUTHOnIZED FOn PUBLIC BEARING ON MlIY l2, 19BI RF. WIGGINS P^SS NlIVIè^TIONlI~ IMPnovr.MENTS lIdministrative lIssistant Neil Dorrill recalled the informat~~n within the Executive Summary dated 4/3/8l and requested authorization to sch~d~le ð public hearing on May l2, 1981 to consider navigational improvements at Wiggins Pass, and that the advertising regarding this date be authorized and the staff be directed to request the presence of the lIrmy Corps of En~ineers personnel to respond to questions at that time. Commissioner h'cnzel Moved, aeconded by Commissioner Kruse and carried ~/O, with Commissioner Wimer absent, that the aforementioned slaff request he approved and the public hearing re navigational improvements at Wig~ins Pass be so scheduled. AcnEEEMENT WITH WATSON lIND COMPlINY FOR pnOFEssIONlIL SERVICES RE HVAC IMPROVEMENTS PHlISE I - lIUTHORIZED FOR EXECUTION BY THE CHAIRMAN' lIèministrative ^ssist~nt Neil Dorrill referred to the Executive Summary dated ~/3/8l and stated that pursuant to Board direction negotiations have been completed wi th ¡'¡atson and Company for profes- sional services related to IIVlIC Improvements phase I. He said that the contrftct calls for basic compensation costs to be fixed on a total percentage of construction costs at 12\, and that the scope of con- struction has yet to be finalized. Mr. Dorrill stated that it is staff's recommendation that the Board execute the Agreement with Watson and Company for a fixed rate of l?\ of cotal construction costs. Commissioner Wenzel moved, seconded by Commissioner Kruse and caried 4/0, with Commissioner Wimer absent, that the staff recommenda- ~ions be approved and the subject contract be executed by the Chairman. 'I PI\C'le 27" _ . . "'''''1" ..--..-... . ...-..... ....... . .....',~._.... f ......r" 't .....,.... ....-......--;f',.. ~'.... '" . ,I, . . t, '. . / ...,,~" .. I ,(III ~~ '" , j.¡"'¡'';;'~ .. ·1 'I , ! I , .J . .' .. . "', , '. /' . . . . . ~ I" . ", . .." .._- ~.", ..... . .....-~ ..... t April 1<1, 1981 PETITION TR-Sl-4C - M. J. HOOVER REQUESTING 1\ TEMPOnllny RESIDENCE PERMIT TO UTILIZE 11 TRAVEL TRAILER DUnING CONSTRUCTION O~' 1\ PRINCIPLE ~ESIDENCE IN UNIT 32, GOLDEN GlITE ESTATES - lIPpnOVED CommissIoncr Wenzel move~, seconded by Commissioner Kruse and carrIed 4/0, with Commissioner Wimer absent, that petition TR-~l-~C, fIled by M. J. Hoover, requestIng a temporary residence permit to utilIze a travel trailer during construction of a principle residence on the south 105 ft. of the south Inn ft. of Tract 22, Unit 32, Golden Gate Estates, be approved. RESOLUTION 8l-~1 CORRECTING RESOLUTION ~l-55 lIND FURTHER PROVIDING FOR 1\SSESSMENT OF LIF:N FOn THE COST OF TilE lIBATEI'1ENT Of' A PUBLIC NUI!'ANCE RE MURRAY 11. BOUTILIER - ^DOPTED Commissioner Wenzel moved, seconded by Commissioner Kruse and .. '" carricd 4/0, with Commissioner ~imer absent, that Resolution ql-~l corrccting Resolution 81-55 and further provi~ing for assessemnt of lIen for the cost of the abatement o~ a public nuisance r~ Murrðy 11. Boutilier be adopted. ðOOK 061 fAtE 43 -;- . ¡. ~ ,..... .'. . '7::r ¡ - ~..,. .,.. ,~~ . ~ ~ ....-oor--. - -...' ._Pðqe·.'~___..Î I : ~,' I " .............-~.. ~ ~........, ..,..:-:......-1'............ " ," ." ..._-"--,-" .._-~-- -."".'-... - ,fill . . ..', . .,.. . :.~, : ; ,.. ..... "", \ c:::J ~ø" ·"'1 ~ ., r , , , ' I. '" , . ", . :.' ,~.¡¡.tl .'" ·.··t VI .. 'i :1 "~1 , :. "'_..4__"':1... l\prll ll\, 19A1 RESOLUTIONS Bl-n TIlROUGH Bl-94 FOR RECOVEny OF FUNDS EXPENDED BY THE COUNTY TO ^B^Tf. PUBLIC NUISANCES - ^DOPTF.O CommIssioner Wen~el moved, seconded by Commissioner Kruse and carriecl ~/O, thðt Resolutions 81-92 throu~h Bl-91\ for the r~covery of funds expended by the County to abate public nuisances regardIng the following be adopted: a. , Resolution fll-92 re James E. Doane b. Resolution Pl-~3 re I<osta M. papich c. Resolution RI-94 re Billy D. ^nderson , , MOK 061 p~ 45 Pe}' ,.~. ~~~{:. , r"'C'f.e ,29.___ l .. . f - ·Y"_: .. ,. .............. ··~·""7-~,:"'" '~"r.· ....,....1l~ ., o . . . ' ~__~'4"" >. f!ID , . ~~ .",""",,:1 f ( .. ~, . , , ' .. "',I. " .' ..' ~'.. . ~ I. "". .', , S April 14, 1981 PUBLIC SAFETY ^DMINISTRlITOR liP POINTED COUNTY FInE Ml\RSIIl\L FOR TilE PUnpOSE OF DISASTER OPER^TIONS AND ASSOCI^TED RESPON5IBILITIE~ Commissioncr Wenzel moved, secon~ed by Commissioncr Kruso and carried ~/o, with Commissioner Wimer absent, that the Puhlic Safety ~dministrÐtor be appointed as the County Fire Marshal for the purpose of disastcr operations and associated responsibilIties. ~GREEMENT WITH TilE DER RE CRl\NT-IN-AID FUNDS FOR GOLDEN GlITE ESTlITES INTERIM l\CTION PROGRl\M - l\PPROVf.D ,Commissioner Kruse moved, seconded by Commissioner Wenzel ~nd carried 4/0, with Commissioner Wimer absent, that the agreement between Collier County and the DER to secure grant-in-aid funds up to $70,000 from the "Department" for the Golden Gate Esta~es Interim lIction Program be approved. Commissioner Wenzel asked that the record reflect that he still does not approve of the subject pro9ram. &DOK 061 PACE 49 o-Þ, ..' 7-...,....... ~ .. ...,.,- ~~""--....,.r.....-or·"'T""'''''''' ._ __' "-"~r:..._.~~P~,C' ç. 30___ . . .',', ~ . .' ~" . '. ,,\~. ~.. '~-,.,J'" . ..$r...... ~ '; of¡.· .' ~ '. .~ . ,.... . t '. ;~ , ' . ~. . .. ,. -"'''-''-'''-;'~'' .,.' ..~--_.~....~~,,~ , ' I '. t .. . !,,'" ,..... " . ',J '\ r' , "I, " 1'\ , . o ., ~ , .. ! ,.1-.~___., ,.. . 0' , .~ '.. . "1...__. . .\,...... .' 4·a..... .,'" ....... ~OOl OS1 PÅ~ 52 lIpr 11 111, 19a1 , 0 , , ,', CHAIRMAN AUTHORIZED ~O EXECUTE AGREEMENT WIT" SFWMD/ACBD TO SECURE A GRI\NT-IN-AID FnOM TilE DISTnICT IN I\N lIMOUNT NOT TO EXCEED S7s,onn FOR THE C,OLOEN r.lITE ESTATF.S ~ODIFIED INTF.RIM I\CTIO~ PRor.nI\M Joyce lIancotte, 1901 12th Ave, N.E., spoke in opposition to the Interim lIction rrogram. Commissioner Kruse assured her that th~ pro~rðm in question is not the original IlIP, hut is a modified version which has been amended by the lIrmy Corps of Engineers. The Commis- sIoner stated that she would also be opposed to the originðl IlIP. Thore was a discussion on the location of the proposed improvements, whether or net the canals that are to be the subject of the program have been surveyed, and the long-range plans for maintenance of the improvements (weirs, proposed for the Golden Gate Canal System. ········Commissioner Brown left the room - Time: 12:00 Noon ........ 1I1so discussed was the situation of the Golden Gate Estates area with regards to the CI\PC, durln~ whIch Community Development Admin- istrator Terry Virta state~ that all of the Golden Gate Estates area is currently under the purview of the CAPC, although some of the zoning remains under the Immokalee Planning Commission's designation. Gary Hancotte, representing Survival Inc., spoke in opposition to some of the County's proposals regarding the Inp. He requested that the County post a cash bond to insure the private ownerships' rights in the area in the case of damage to property from activating the lAP. Mr. Pickworth explained that this would be redundant becauso, if there were any liability on the County's part and private landowners filed suit, all such cases would still have to go through tho Courts and the damages would than be awarded. He said that posting a bond would not assure nnyone of ðvnilable funds for damages or legal fees, nor would it negato the nece~sity for a legal battle, which is the mpthod of r I, I, ~ 1" -.......-.- ._,.. ~ -:» . -.~ ...---~ ": '.- ,I. . , .' . _"",...><".'''''~-'~~'''; ,,".....-...,-...., ~ . .-i< - , .em . I .~ ~ '. ..~.. ~' ~ I .'/Þ .. . ... . , '-- " . . . '/' , , , . ..', . Page 3l Ap r 11 14, 19 R 1 determining liability. Commissioner Wenzel moved, seconded hy Commissioner Rruse and carried 3/0, with Commissioners Brown an~ Wimer absent, that the aoðrd authorize the Chairman's execution to the lIgreemcnt wIth tLt' SFWMD/BCBD to secure a grant-In-aid not to exceed $75,000,000 for the Golden Gate Estates Modified Interim lIction Program. , ðOOK 061 PAct 53 .~ '1· t"lIq. .,3" ~.. ..-..,. " -.,. -:rr -. "'-1" 'T:'1 .!".. 1-' .". ........ . ..... ., '; .. .. 'II . ~ . . . f·..· ',t.".' \.. 'j .' .. - . . ----_.,,...'" '"_·__"',·...___·rn""..>.,,~'"..~..~..~_ .. " ~ I. #J>"'. ,'"'' IIIt'1 .! . ¡ -'.J' I .~ "[.,_J" , ' . . (': ',' ....,:' .. . '; ._....-....._~ .. , MQ~ 061 PACE 58 ^p rll 1", 1981 RIGHT-OF-W^Y PUnCn^SE ^GREEMENT WITH SElIßOllnO COllST LINE nAILRO^D Rt I~'PROVr.MENTS OF GOODLETTE ROllD/Fn^NK BOULEVAnD - lIPpnOVED FOn EXECUTION BY TIIF. ClIl\IRMlIN Public Works ^dminstr~tor Clifford Rarksdale summarized the contents of the Executive Summary dated 3/20/R1 and stated that pur- suant to ~he County improvements t~king place to four-lane Goodlott. Road/Frank Roulevard from U.S. ,41 to pine Ridge Road, negotiations have been completer! wi th Seaboitrd Cost L1 ne Rail roa~ for purchase of suf- ficient right-of-h'ùy. lie reporter! that the SCLR has agreed on a total of ~1,~0.n,nnn, with ~t.75,nno of that total held for payment at the time the County receives the title insurance policy for the lanj. Commissioner Wenzel moved, seconde~ hy Commissioner Kruse and carried 3/0, with Commissioners ~rown and Wimer absent, that the aforemcntioner! night-Of-~ay Purchase lICJreement with Seahoard Coast Line R~ilroad re iMprovements of Coodlette Road/Frank Boulevard be approved for execution by the Chairm~n, as recommendeò by staff. There was a hrief discussion regarding the possibility of selling portions of the subject right-of-way if it were founò not to be needed, during which ~1r. Barksdale explainer! thAt all of the subject property will be neer!ed in the proposer! four-laning project. -j- . .'.-:":'-,. ~...-:~. -.,.......,...-.. Pðl1_ 33 ...... . .., '., '..'. . . , , t', r:..."'f-,'~,-i'} f:: ',7:r!~. 7: r ~'-_:/(,' " . ~'C """ 104 0 > o.µ .,.¡ " u" ».,u ~ .... " ,. a "" 04"'¡ ,. .µ t:: ::I ., " 04.,.c ~ § :- -I t:: aO þ.,.,.¡ =:..µ "I u , " ::s ,. :'8 :) 0. "" 9 0. II 10 " r..,.¡ "" .c o.µ ø ~c~ 110.... ~~~ ..r::u ".,.¡ .,.¡ ).µ ø ;~ "" """ 0 Co.,", 1 ..........~+..--..., ' . .....~$ ~",'; .. ,.. . .. .... . ' . , " ~ " " " " >', ' . . '/'., " I ¡,.:: . , .. \, ~ .... '. . , " '.:. Ap rll 14, 1901 STAFF ~UTHOnIZED TO CONTINUE NEGOTI~TIONS WITI1 SE^AO~nn CO~ST LINE RAILRO^D HE AGREEMENTS FOR RIGIIT-OF-WlIY lICQUISITION FOR FRANK BOULEVAnD EXTENSION Commissioner Wenz~l move~, seconderl by Commissioner ~rus~ and carried 3/0, with Commissioners Brown anrl Wimer absent, that the staff be authorized to continue negotiations with the Seaho~rd Coast Line Railroad re agreements for the right-of-way for Frank Boulevard Exten- sion from pine Ridge Road to Immokalee no ad. *·**********RECESS - TIME: l?:lB P.M. to 1:30 P.M. *************** **********The meeting reconvened with ComMissioner Wimer absent and Deputy Clerk Skinncr replacing Deputy Clerk Davidson********** ~ RIGHT-OF-WlIY E^SEMENT OF LIVINGSTON ROAD liS 11 PUBLIC CEDIC^TED ROAD~AY - ^CCEPTEO .. Commissioner Wenzel movcd, seconñp.~ by CommisDioner ~ruse anñ carrierl unanimously 4/n, with Commisnioner Wimer absent, that the Board accept for record~tion the ~eñic8tion and le~ùl description for the Livingston noad Right-of-~ay. ~,:~.. - 'r;:(1)< aoox 061 PACE 75 ....,..... rl'lqo J.1 .' - -. . #' ." . . . ' . ,... ""''''-''--..-"," ,~"..". I (, 401," -,;,!, __.w . " , r-"¡;;::J ï ~ .. ~ . . '¡fo, , . ", ..- ~., .,--. --.. Ap rll 1-1, I!) B 1 " CONSIDERATION RE SpnAYING AND MAINTENANCE OF GOLDEN ClITE ClINA~S lIND pEFININC TH~ BOUNDAny FOn TH~ MSTD TO BE FonMED Commissioner Kruse explaIned her concern regarding the need for establishin~ a weed spraying program within the major arteries of the canal system, and she said she felt that payment for such a program should definitely be on a MSTD basis. Chairmnn pistor said the MSTD basis could not be done until next year, and Public ~orks lIdministrator Clifford Barksdale said that a progra~ needs to be developed with the funds available. lie explained the procedure involved in said program and said that the initial spraying would be the most expensive. Commissioner Kruse said that one of the questions to be answered is what can be done with available funds to alle¥1ate the worst potential situations. Mr. Barksdale explained ,that mechanical harvesting may be one answer. After a short discussion, Commi~sioner Kruse moved, seconded by Commissioner Henzel anci carried unanimously 4/0, with Commissioner Wimer absent, that a report be prepared hy the end of May regarding the cost of maintainin~ weed control in the ~rtery canals of Colden Gate and that the MSTD boundaries he defined which will be used to pay for the cost of such a program. REPORT nE NOTIFICATION FROM SrWMD lIND DNR TIIAT THOSE ^Gf.NCIES WIn NO LONGER MlIINTAIN LAKE TnllFFORD Public Ivorks Administrator Cllfforci Barksdale reporteci that notification had recently been received from SFWMD and the DNn that effective this year those ~gencies will no longer be responsible for maIntaIning Lake Trafford and that, by law, the responsibility would again become Collier County's to maintain the Lake. lIe explaIned that he had written to the SFWMD anci the Corps and that a report and recom- mendation to the Roar~ was being prepared. He said some fundIng may he eOOK 061 PACE TI E: '\- . . ...--... . . . . ..,.~,....., ..,~~ "r- '-:'-~;' ., .......... .:,.',.. ....,....:: .7..'......·.,.,-:· '.;......-. .....,...~'-~~..'..- '. '. " . -- t'" ,J ~f: ! '. ,.I . T ':'f.~' ,r,' (," "~~'J . ,. ; ,.,,~,:: ~.... . ," . ~ ,. L'~: " ' . , :. :..' . .... , .. , , . . ,'. ~" " ~ J. .__....;...._____...".........' ~, 1.~·".,..,~. '".,-!.~....~. ..It.~. . . ' Pago 35 ~oo~ 061 PACE 78 , ' " ~~ .\' lIprll l.." 1ge1 . " , . ;~:". ; " available through the DNR an~ the Corpø for this progr^m, ðn~ he explained that a budget is being rrepnred ~nd that a report will be made to the Board concerning tho monies available for the program. Chairman pistor Raid there was 'a possibility that a MSTD ~øy have to be f~:~~~ for that area to maintain ~ake Trafford and Mr. Barksdale agreed., , , FY l~nn-R] CETA cqNTnAcT MODIFIClITIONS FOR PSE TITLES 1I-D, VI AND VI-PROJECTS - lIPpnOVf.D County ~anC!ger \';illiùm t'orman intronuced 'CETlI Director Donald Norton, who explained the CETA contract modifications for PSE Titles I1-D, VI and vI-projects to incorporate the reòuced alloc~tions from the federal government. He said that the actions make it imperC!tive that the enti re puhlic service program be terminated arid he reported that after ùn analysis of current service levels, the final daY5 of participation by CETlI are as follows: PROGRlIM TERMINlITED '" 1'i tle II-D May Ð, 1981 ",pril '4, 1981 Ti tle VI Title VI-Projects Ma y 7. 9, ] 9 B 1 Mr. Norton explained that those individuals who must he terminated on lIpril 7.1" 19B1 have been formally notificd and that the remainder arc in the process of bcing notified, with every cffort havin~ been made to absorb as many inöiviòuals as possible onto rcgular agency payrolls. Hc said that there will be planned transitional job readi- ness workshops which will be offererl in conjunction with the Vocational Education Center, to begin on April 21, 19B1. He explained the pro- coduro whereby individuals will be counseled by CETA Department ^nd the l . ~ ..,... . ...... ... Paqø 3';' .' ..:",: .. . . ..... .,'; :. .. .. ' '., ',.1. . , " ---,_._- . :~;s. ~.'.' - ..... .,. .. , ¡.... ~ ... ..\ . , PIlI! ...'~, . c~. ~,; , '}, ,'" ,..~. ."-,' , "" I, ", . ! " t..· ~ I . . ',. , ", I ,___,1 .' .. lIpril H, 1981 , '" Employment 5ecurity Offices upon completion of the workshops. Commissioner Wenzel moverl, seconded by Commissioner Kruse an~ carried unanimously ~/O, with Commissioner wimer absent, that the Board approve the CETA Contract Modifications anrlthat the Chairman be authorized to sign sarne. A short ~iscussion followed during which Commissioner Brown suggested to Mr. Norton that he contact the County Agricultural Agent to explore the possibility of agricultural placement for those inrli- viduals who would not be continued in employment in other departments. Mr. Norman reported that all County Departments hðve been asked to '. ' provide his office with their requests and justifications for convert- ing current CETA positions into f.ull time empl~yment, and that a report and recommendation wlll be made to the Board April 2l, 19~1. e·~ . r ;; ... ~OK 061 rACE 79 . . , . .. .;. . :. ~ PAqo ~7 ·T"--..... ~.'" ....~. .: -r fj ~~....i.",·.'I"....-....,n·....·~·......t... , .. . .-.........-......~ ,-"---r-".' _..~.....-..... . .. " "'~.~""'.i.....'." ..t , 1/1 .~ -~ . 1.- .' '. , "I ' .', ~þ~_'., ;i , ~'I .' "\"'1 '};"~ ' .; , j .. , ,1:3 " . .c:J ; -j .. < þ " " . . . 'I' . " :', . .'.... ^prll 11\, 1901 TERMINlITION OF PRE5ENT CONTn~CT WITH S~M'S TIRES, INC. RE TRUCR TIRP.S, CONTnACT ~'OR B~L1\NCE OF TilE FISClIL YEAn AWlIRDED TO lIIRPORT TIRE lIND ~~nVICt: ,INC. - Commissioner Weniel moved, seconded by Commissi~~er Kruse and carrIed unanimously 4/0, with Commissioner Wimer absent, that the f , I:" current contr~ct re truck tires with Sam's Tire, Inc. be terminated and that the contract for the balance of the fiscal year be awarded to Airport Tire and Service, Inc. EXEMPTION OF TH~ REQUIREMENT TO pnOVIDE ACCESS TO THE WATER TRElITMENT PLlINT FOR HlINDICAPPED INDIVIDUALS - AUTIIORIZED Utilities Managcr Irving Berzon explained th~t currently there are State and Federal statutes which require installation of facilities to provide access to the water treatment plant fo~ han~icapped individuals, and he requested that the Board authorize an exemption of those re~ulations. Commissioner Wenzel moven, seconne~ by Commissionp.r Kruse and carried unanimously 4/0, ~ith Commissioner ~imer ~bsent, that the Board obtain the aforcmentioned exemption ann that the Board be on record as favoring that exemption. nOUTINE BILLS - AUTHOnIZED FOR PllYMENT Commissioner Brown moved, seconded by Commissioner Wenzel and carried ~/o, with Commissioner Wimer ahsent, that the hills, havin~ been processed following established procedure and that funds are available, be approved fOl payment as witnessed by the following checks Issued from lIpril 8, 1981 through lIpril 14, 19R1: ACCOllNT CHECK NOS. BCC PAYROLL COUNTY CIIECKS ,7098-739l 22102-?2575 ~' - &OOK 0 61 PA~ 89 pag_ 38 ... ". .;. , .. :.. -tIP..... . '., ~~"....-........-: '. ....~~~ '~"':-TO·'";_·· :'. '~,'~." . ,~"~Y."'-' ~ ,:,--, .~.". \ r- . - - . \ ..'I ~ :i . 4 1~';~:,~,~~~'? :,"t...'1f/'.',·.. ~fr." " ~'O ,'~'..'" .., ,\of' 0 :- o+> ...... :. 0.., .~ CI 0 +>\-411 .......,.. '.......... ...... +» c' Þ..., ........c ~§a ~ & , «10 ..,to...... .ca+> E-4 0 , . :, =' '''CI'8 o Q,,.. S Q, ..,..., X......,.. ,.c .. «I +> S . r-I ...c:...... :.., 0 \-4 ~ ~~ ....... c: 0 \-4............ o µ Ii ,.. c: 0......,.. '......,.. 0 ':I: Q,\-4 . , .. . ", , ,'. :... ..,1 t ,; . ' .,.,.. .... . .. ,.....-. . ~ - --.- -... -...---.. - -... - . I .....-......-..---............-. . " f tJOK 061 PACE lIpril 14, 1981 90 :..1 ' , ,.-. ',' .\ .. í. nEFUND CIIECK TO DF.PlInTMENT OF COMMUNITY lIFFAIRS FOn UNSPENT Gn~NT FUNDS F¡H')~,~ {;OLDEN ClITf: DlIY ClinE CENTlm - lIUTlIOnIZED Fiscal Officer Harold L. Hall explained a refund check to the Depnrtment of Community lIffairs for unspent ~r~"t funds from the Golden Gate Day Care Center since last year the Golden Cate Day Care Center's revenues exceeded their expenditures and that under the provision 50\ of the difference is refundable as part of the gr~nt, because there was insufficient total expenditures. He explained that a delay in the distribution of funds to the Immokalee Redlands Day Care Center has occurred because of the precedin~ situation. Commissioner Wenzel moved, seconded by Commissioner Brown and carrie~ unanimously ~/o, with Commissioner WiMer absent, that the Board be authorized to refund the money to the Department of Community lIffairs and request the Golden Gate Day Care Center to reimburse the ßoa rd. ,I BUDGr.T AMENDMENT 81-R2 TR^NSFERRING FUNDS fon THE PURCHASE OF LIBRARY ~lITEnIAL IN STATE ATTORNEY DEPlIRTMENT - l\PPROVED IN THE AMOUNT OF $2,/.;00 Commissioner Wenzel moved, seconded by Commissioner Brown and carried un~nimously dIn, with Commissioner Wimer absent, that Budget Amen~ment ßI-a2 transferring funds for the purchase of library material in the State's lIttorney Department be approved in the amount of $2,~OO. Page 39 ._,.. ... ":IÞ:....~ - '':'1'-:-'''' ....'.. ~ .-...- ..... '.,1. . , ·t .. ~ ~~ ,~" I.'~; \ . ~... ; ,(~'~, ,." " , ~., . . , , . .. . .. ,', .' \. : -~ . . , , .'. .', . ., ¡'I .1r'; .,.. .. . . " " .. ., ....p.., .;..-..¡., .,~", .,,' . ~J;' " .,' ... -"i.' , '.~, .. .;..,..¡;~...."..t ...~....ó~...~ ......~_þ...........t·~~.....M(,...-.:...~.. ~."'Â,"·_."""""""",···· ..~"'..........., , , '<0' "'" -:;. ,....,....... .. , ':~ ;.11 '}" , ,,:t , ,..,! , ",[,. : ~ , ~~ .\~ ,¡ " "'1 0, , ~oo~ 061 fACE 9Z Ap rll 14, 1981 2- BUDGET AMENDMF.NT Rl-R3 Tn^NSFERnING FUNDS FnOM WITNESS EXPENSE TO GR^ND JURY F.XPEN5r. - APpnOVED IN TilE AMOUNT OF $5,000 Commisaioner Brown mov~d, seconded by Commiss[oner Wenzel ~nd carried unanimously 4/0, with Commissioner Wimer ~bsent, th~t Budget Amendment 81-83 transferring funds from Witness ExpénsQ to the Grand , ; '1"'~'~' . ...... '.. .' " ..' ¡ " Jury Expense be approved in the amount of $5,000. ^ short discussion followed durin~ which Commissioner Brown said . . " '.; he had been informed that some of the Grand Jury members were driving long distances and not being reimbursed for tho~e expenses. County Manðger Norman sai~ he would inquire regarding that situation. ~ PaC]e 40 .;. ~ --~..~-~ ..-... . . . , . . .....,.. . .. 'rj". "/~ ....'. '," '>,1, . , .. " .' ~. ~4 e' I,· 'f;>' \. 'JY" . >.'0 """ ,'M ° > ° +>..-4 ~~~ +oJ'M&I ..-41)"" r-4 ..-4 ..-4+oJC:: ,ctll&l ..-41).c ':§ ~ r-4 c:: 1)0 tltII..-4 (:;~t ,,~ , tD'O .. II) 0 ° 0. "" S 0. " I) &I ::1:..-4"" .c 1)+>6 - r-4 ";C::..-4 ''0.... ~ tD~ ....c::o 'M..-4..-4 ° +> & ""c:: '0..-4 "" '..-4 "" ° )C 0...... ~ -' I" ',' . . \ .. '. - ,I ~' to " 'AI 'Jh .~._..~:..... ., ' . ~.;. ~ ·.':':"'1~ .".... ...............).. . . ,,:.,........ '" . . ....-...- --..-".. .......... .. t·· ..... "'., c ~ ';'\ þ~ \.1 " ~OOK 061 PACE M Ap ri 1 l<1, 19 B 1 STATUS RErOnT ON THE BILLINC SYSTEM FOR lICCOUNTS RECEIVlIBLE AND COLLECTIONS FOn COLLÍER COUNTY EMF.RGF.NCY ME~lC~L SERVICE Fiscal Officer Harold L. 111111 showed the Commissioners a copy of the form bein~ used for billing for the County's Emergency ~edical Services and ex~lained that the billing system is now in operation and that the computer-based system does the follow-up and handles the accounts receivables and gives accounting information which was not furnished before. 11 short discussion ensued reqar~in~ the E?llow-uP system for collectin~ the bills for ambul~nce services and Commissioner Wenzol asked for a report during the next "0 days to advise the Board how collections are going and if any extra rules or regulations are needed with regard to the collections. CHAIRMAN AUTHORIZED TO SIGN CF.RTIFICATES OF CnRnE~TION TO T!JE TlIX ROLLS Commissioner Wenzel moved, seconded by Commissioner Kruse and carried unanimously 1,/0, \~ith Commissioner \"imer absent, that the " Chairman be authorized to sign the following Certificates for Correc- tions to the 19BO Tax Rolls as presented by the Property ~prraisert NOS. [)ATF.D 1980 Tangible Personal Property 19:!()-99-116 ~/7 - 4/9/81 COUNTY lITTOnNF.Y ^UTI10RIZF.D TO pnEPARE REFERENDUM RE MARCO ISLAND nO^D BE^lJTIFIClITIO/'ol PROGRAM AND SUPF.rWISOR OF ELECTIONS AUTHORIZED TO PLACE TillS Rr.n:RE'JDUI" ON ßALLOT FOR TIIF. /'oIF.XT F.LF.CTH)N Commissioner Wen7.~l moved, secon~ed by Commissioner Kruse and carried unanimously 4/0, with Commissioner Wimer Ðbsent, that the County Attorney be authorized to prepare a referondum regarding Marco Island road beautification program ðn~ that the Supervisor of Elections be authorized to place said referendum o~ the ballot for tho next olectlon. r: ',- ".1, . . >,., ,- .",...,." .-~^''''.."..,,-~. . >.'0 ""... \.<0> o....~ u... >..,u ............ ~IQ.. M.... ~....C .0.... .......c: ~§Jt M C 113 0 .,.,~ ~Jt~ ... ::3 .. :'8 i o.~ ...113... x~"" ..c: .....s .. M ...C~ &/010-0 '8 0 M bO "" ....Cu \.<~~ 0"" E ""c u.... "" ....""0 X c...... . ~ - ", ~ ~ ,0 ~ W-,~>". '-. ",,;, ,'.. 1 >i , , 'h , . 'I' , ", :,' ..1 _..L..". . ......_, ~ ,_. .~........ -,- ..~.. -:,,;..¿.. '. ...:...~. . . .....--.. . -.. . PðCJð .u - ~," ~ April l4, 1981 ..1~\ ""1. RESICN^TION OF Dn. JAY H^RMIC, ENVIRONMENTlIL CONsULTlINT, EFFECTIVE MAY ~2, 19n1 - lICCEPTED WITH REGRET Commissioner Wonzel moved, seconded by Commissioner Kruse and c~rried unanimously ~/O, with Commissioner Wimer absent, to accept with regrct Dr. Jay Harnic's resignation effective May l?, 19A1. A short discussion followed during which Chairman pistor said he felt that, instead of having a contract with an Environmentalist who would be rcsponsihle to the Board, a hetter procedure would he to have that person be a ·staff member responsible to the Dircctor of Community Development. County Manager Norm~n said his staff would provide the Board with a report on the individuals who have applied in conjunction with a proposal as to how they could hc integrpted into the organizlItion. EXTRA CAIN TIME FOR INM^T~ NO. IDA~ 3~1?n - APPROVFn Commissioncr ~enzel moved, seconded hy Commissioner Brown and carried unanimously 4/0, with Commissioncr ~iner ahsent, that extra gain time be approved for Inmllte No. ID1\' 3~1'O as reque5ted by f,~eriff Rogers. NOTICE OF ELECTION 70 DF PREP^RED RY CGIJNTY ^TTOnNEY A~O ADVERTISED BY CLERK CALLIS~ FOR AN ELECTION ON JUNE l~, la~l FOR PROPOSED COUNTY ,CII1\RTr.R; lIUT!!ORIZl,TICN OF ADDITIONAL NOTICF. '·YD TEXT REQUIRED BY THE CH1\RTER, PRINT8D I'" ENGLISI1 ]\~ID SPANISI1 - ArrROVF.O County lIttorney pickworth explðine~ the nee~ for a Notice of Election, which contains the entire text of the Chartcr, and an adver- tisement callinry for an election for tho proposed County Charter to be held on Juno lG, 1901, with additional notice and text required by the Charter, printed in Fnglish and sp~nish, and thnt the cxpenses of these notices he paid by the Board. ',' Commissioner Brown moved, sccon~e~ by Commissioner Wenzel and carried unllnlmously "/0, with CQmmiA~j'lner ""kt&1r Absent, that a NotIce ~OOK Ul>1. fACE ~ . - ,-...---... '""'IT"'- " .,.-..---... . ... ~ r . , . ~ , >0'0 lot &/ \-<0> o +J..... U&I >OIOU +J.....III .-4 1'1 lot ~..... .-4+JC:: .oQIII .-41'1;:: ~§): ~ I: IQO 1.l1O..-i .;::;¡r+J E-4 U III ;::I .. :'8 o Q, lot e Q, &I 1'1 11/ X..-ilot .c: IQ+J& - ~ ";1:.-4 &/0..... Ii 0 ~ bO lot .-4C:u \-<..-i..-i o +J S ...C: u.-4 lot .-4 lot 0 X Q,..... -.- . -~- ''''.,'. , ; I, ~) " ',. , . f " . ,'\, . ,t I. . ' ..~ ., r I: ,1.... _.a..- _....... .-.............. .-.. .... , ,." , ' .....a..a........_......w,JI....·,...... pago 42 " .", ................. ..... ... .' .... '..0#.... ~OOI'. 081 PACE '96 . April l~, 19A1 of Election containing tho entire tcxt of the Proposed Charter and an advertisement calling for an election for the Proposed County Charter to be held on June lh, 1981, with additional notice and text as :'"~ required by the Charter, printed in F.nglish and Spanish, with the expenses of these notices to be paid by the Board, he approved. Commis~ioner ~enzel asked that the rccord reflect that the fore- , "',' going suhject should have been studied bctter and brought up in an election period, not during the middle of a year. Commissioner Kruse " said that for the record she w<'lnted to clarify, her reluctant vote for the preceding item, since she he~rd the Co~missioners had no choice re0arding putting the Chartcr on the ballot, that she feels that is a "taste" of what the Charter will do to the County form of government and give no choice again. NOTE: See Pages 98-A & 98-B for Resolution 81-110 MR. JOHN ROBI~SON I\PPOINTED TO TilE CITIZENS lIDVISOny COUNCIL, SOUTIMEST FLonIDlI RRGIONI\L PLI\N~I~G COUNCIL - I\PPROVED Commissioner ~enzel moved, ~econded hy Commissioner Brown and ,I carried unanimously 4/0, with Commissioner Wimer ahsent, that Mr. John Robinson be appointed to the Citizens I\dvisory Council of thc Southwest Florida Regional Planning Council. ~'ISCELLI\NEOUS CORRESPONDENCE - FILF.D AND/OR REFEnRED There being no objection, the Chair directed that the following correspondence be fi1en and/or referrcd to the various departments as indicated: 1. Copy of a memo Gated ~/~/81 from ComMunity ~velopment lInminis- trator virta to County Manager Norman re redefinition of the Commission Districts. Filed. 2. Copy of letter dated 4/9/81 from County Manager Norman to Ms. Beatrice R, Ballen, Collier County Council on Aging, Inc. Secretary, re inform~tion on alternatives resulting from the discontinui\ncc of èI mobile lihrary., Filed. .. \ ,."" PIt'J. 43 " \\ ;:;: ,..'. " ~, .,......:.~ .:~ , "'~ ':,t '¡:fl ~"tj.. >iW¡ ----'...-- ~.. ..~':'....-; '!"f'If",:,,",,'.' ....-....- ..._~. ~'_. ~ , ,I, . , ,;' »,; ~., ,,"- 0 > O~~ »~~ .,'--CIJ ~~~ r-4 ~ ~.,c:: .011" ~f' ..c:: :§~ r-4 c:: .0 .,.,~ ..c::~., E-t U .,::1 .. :~ o Q. ~ S Co ., III GJ X~"" ..c:: IQ.,S . r-4 JÒC::~ .,Oe,... ,.!I~~ "'C::u '--...~ 0., II ~~~ ...~o X Co '-- ~ h::1 ~ '," .. .~.. ....- ". - April 14, 19A 1 3. Copy of memo dated 4/7./P.l from County Manager Norman to all BCC/County Man~~er Departments/Division currently usinry PSE/CET^ pa.ti~ipant employees stating the dep~rtments involved and out- linin~ proceclure to be followe~ in requestin~ cre~tion of a new perm~nent p05ition where essential. Filed. ~. Copy of memo dated 4/9/~l from County ~~nð~er Normðn to Prasch, Court Adml~istrator, re request for assistance in providing a~ditional courtroom facilities hy July l~nl. Fileñ. s. Copy ot the County Forester monthly report for March 19R1. Filed. ". Letter ~"ted 4/f1/fJl frof!1 "'r. \';esley 11. Garrison supporting a petition hy Mr. Richard Vetter to vacate the r,0 foot roadway known as Cable Road. xc Mr. Barksdale and filed, 7. Letter dated 4/2/01 from G. L, and Madeline V. Hammel stating they believe thnt the present elevation should be maintained on Lot l~, Block 14, Unit 2 to correspond with existing homes. xc Engineer- ing and filed. :? " Letter ~ated ~/3/nl from Gary Moyer, Di5trict Manager, Pelican Ray Improvement District, re Letter of No Ohjection for drainage easement relocation. xc Mr. Barksdale, M. Norman, Mr. pickworth and filed IJ. Letter dated 4/1/Pl fror.1 L. A. !tester, r.nergy Director, Governor's Office, re survey on ridesharing. xc Mr. Norman and filed. 1 n. Letter dated ..,/~/ol from Jack ~ampler, prcsi~ent, Mðrco Island Jayees, re their 3/1/r.l meeting and the orgi'!nizntion's opposition to land purchAse on Spinnnker Drive for parking for puhlic hench on Marco. xc Rollie nice and filed. 11. Report of Inspection of Copeland Roaò prison, "'arch 25, 19(11- Filed. 12. Letter òated ~/'/nl from Richard W. ruqu~y, Dir~ctor, Trnininry i'!n~ EeJuciltional Center for the !1é!ndic"'ppec1, Inc., re lIppeal of fire inspection Ci\tegory u5c(1 by Assistant Fire Chief ReCIpe on Decerrher 3,19<\0. xc Mr, Hafner, Mr. Norman, fo,sst. Fire Chief Reape, "nò Mr. Virta and filed. 13. L~tter dêlterJ I,/~/nl from L.A, ~acNabh re weed growth on Lot (\, Block C, Little lIickory Shores ('nd requesting positive action for removùl. xc Mr. Virtn, Mr. Perry ani! fileò. 1/'. Copy of February 24, 19R1 minutes of Golden GlIte Community Center Advisory Committee. 15. Puhlic Service Notices as follows: CFiled and/or referred)' a. Docket No. JC10522-RULF. CRP' re L1c1option of nmcnc'lment to nule ?'5-l7,O?, r.^.c. ðn~ arlo~tion of nule '5-17.0~1, pre5crihin~ conservntion goal a for olectric utilities. ç ... . &001( 061 rACE S7 ra'Je J J I'" ~" ....-. . :1:1,".,. ~3¡,;:if.; y ~c, . ,_~1<t·.} :~-: -1-'-'" ' l't/?'1' ,- :~':~-~",¡' .' ~.,: "''0 " '" ... ., \oIO~ O~..-4 :' u ., ».,0 ~\-O., ..-4.... ......-4 ..-4~S:: .0." .....,C .:§ ~ .-4:. fi ,., ..... t!.~ &1::1 .. :'8 o ø.... & 0. .,..., :1:..-4... ,¡::. 'at ~ S ,j.¡ s:: ::: ;, ~" 0 \-0 , 0 bO... n.... s:: 0 \01..-4.... O~ S . ~ oS ... .......0 :I: 0. \-0 ~¿~1!i,~~ \ &OO~ 061 fACE 98 lIpril ll., 191H eo, /~ ',I '. .. b. Docket No. el001~-GU re request of Floridð Public Utilities' Company for changes in depreciation rates for its gas division. ' c. Pockct No. 7f1n7~3-F.U rc l\mended Notico of nearing to Florida Citrus Mutu~l, nll investor-owned electric utiliti~s, and all othcr interested pnrties st~ting the l\pril ?l, 19~1 hearing 'hðS been cancelled. cL Docket No. el0035-TP (IN' re petition of Southern Bell Telephone and Telegraph Company to place into effect certain new rûtes and charges pursuDnt to Section 3(,4.05, Floridð Statutes. Or~er lIuthorizing Intervention. ' 1~. ~cmo ~Dted ~/ln/Rl fron William J. Reagan re billing forms for Collier County F-mergency Medical Service. Filed. 17. Letter dated ~/7/ol from Joyce D. retersiñe, Bureau Chief, Dept. of Connunity l\ffairs re Cf_nn_09_2705/Specialized Burglary Enforcement program--Collier r.ounty will terminate on June 30, 191.:'l. Filed. 1". Letter daten d/r/rl froM Rep. Mary Ellen Hawkins re Collier County Health Scrvices, Inc, and indicating hcr support. Filed. There being no further business for the good of the County, the mcctin~ was adjourned by order of the Chair at 2:15 P.M. / BOARD OF COUNTY CO~MISSIONERS/EX OFFICIO GOVERNING BOARD(S, OF SPECIAL DISTRICTS UNDEn ITS CONTROL /,¿ (). )j;3 ~ /~O¡N 1\, rISTOn, CI!l\IRMAN , " C'"', , ' (:- ,,-~. ~t~';'·· ~ 'It /" _ " "'~ . ) ~ .,'" ~, '. page 45 " '. ----...... '"