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BCC Minutes 02/02/1982 R - -- - - -- - - - - - - - - - - - -. - - - - - - - - - - - - -- - - - - -- - -- .. ~O ___ _.__ _ _ _ o. -~ -.- ~- - . - "- N"pl~s, Flor'''i), Ft'bruary 2, 19~2 LET IT BE REMEMBEREO, thðt th~ Board of County Commis&~on~rs in and for the County of Collier, and also acting ns the qov~rning board(s) of such special districts as have b~en cr~atcd according to law and having conductr.d business herein, met on this date ~t 9:03 A.M. in Regular ~ession in Building "F" of the Courthouse Complex with the following members prescnt: CIIAIR"'AN: VICE CIJAIRM^N: C. R. ·Russ· Wimer Mary-Frances Kruse John ^. Pi stor Clifford Wenzel David C. Brown(IO:08 A.M.) ^LSO PRESCNT: William .1. Reagan, Clerk; Harold L. Hall, Chief Deputy Clerk/Fiscal Offi~~rl narlene Davidson, Deputy Clerk; Donald Pickworth, County Attorney; Irving Barzon, Utilities Manager; C. William Norman, County Manager; Neil Dorrill, Public Safety Administrator: Edward Smith, Admi~istrðtive Services Administrator; Terry Virta, Community Development Adminsitrator; Lee Kirchhoff, Planner¡ Clifford Barksdale, Public Works ^dministrator¡ Grace Spaulding, ^dministrative ^ide to the Board and, Deputy Chicf Raymond Barnett, Sheriff's D~partment. r'.1g c 1 BOOK 067 PACt '338 ....- ~~--_.~,_. ---... --- ----- .......",.",.. ---- '," ",--"'...;, · _.____0__ ____________ --.-- --- ._- -_._,- Febru~ry 2, I9A'- BOOK 067 PACt 341 1\GENDA _ ^PPr1r.VI~n loJe' ,H IJr;L,.:TiON .:\1.:0 C;: ',~~G¡:: Chairman Wimer cxpl~incd that Commi9ßionpr ~rDwn will be attending this session, however, bec.'luso he will be late, '~.., BOllrd may wish to defer opening thc public hearings until such time ðS he arrives. Commissioner Wenzel moved, seconded by Commissioner pistor and carried 4/0, with Commissioner Brown absent, thðt the agenda be approved with the following dcletion ^nd change: 1. Minutes of January 19, 1982 - deleted. 2. Request from petitioner to defer petition R-PO-3C to February lfi, 19!J2, to be considered when item (7^) comes before the Boa rò . PRESf.NT^TION or Bec f.MPLOYf.E Sf.RVrCE ^W^ROS Chairman Wimer presented the following BCC employees with Service ^w~rds, congratulating each upon acceptance: Theodore Thorwood, nuilding Maintenance Department (10 years) Gilbert Oliver, Community Dcvelopmpnt Division (5 years) Robert Moody, f.ngineering Department (5 years) Clifford Wenzel, Commi5sioner, (15 years) ^cknowlcdqing the fact that Chief vincent Doeer was not present to accept his service aw"rd bccftuse he was working in pI :ce of an 111 fireman, Chairman Wimcr noted that Chief Doerr will be presented with a service award for five years service on the Ochopee Fire Department ðt a later date. SOCT^L SERVtCf.S C^Sf.S W-1112 & W-6805 - ^PPROVED Commissioner Wenzel moved, second~d by Commissioner Pistor 8nd carried ~/O, with Commissioner Brown absent, that Social Service Cðses W-1112 and W-fiOOS, be approved. Page 2 '-- -- - -- - - --- - - - - - - - -. - - -- - -- -- -- -- - ----.-- ---. l_ ~':. --- - - - - - --- - -- ..-- - - - - -- - ---...- -- - -- -- - ------- - - ~ . _. __,~o,_ - - - - - - - - - -- - - - -.- - - -- --. .--- -- -- - " February 2, 1902 PETITTON R-AO-3\:, IIUB!ìrJlMMI MSOCI!\TER - CONTINUED TO FEBRUARY If), 1987 planner Lee Layne explaine~ that the petitioner is requesting Petition R-80-3C be continued to Febru~ry lfi, 19A2, or ur ,.~ ~uch time as the matter regarding ð Utilities Franchise for the area hðs been settled. Commissioner Wenzel movp.d, seconded by Commissioner pistor and carried ~/O, with Commissioner Brown absent, that petition R-AO-3C, filed by Hubschman 1\ssociates, reque~ting a rezoning from "A" and .RM-1" to ·PUD" for a ~O.7+ acre tract located on the south side of Davis Boulevard, east of Scotty's, be continued to February l~, 1982. RESOLUTION 82-16, RE PETITION FDPO-AI-V-l7, POWER CORPORATION, REQUESTING A VARIANCE FOR HYDE PARK CONDOMINUM, PELICAN B1\Y - ADO~T~D, SUBJECT TO STTPUL^TTON. Legal notice having been published in the Naples Daily News on January 17, 1982, as evidenced by Affidavit of publication filed with the Clerk, public hearing was opened, with the consent of the petitioner, even though a full Board was not present, to consider Petition FDPO-81-V-17, filed by Power corporation, rcquesting a variance to the minimum flood elevations required by the FDPO on property described as Hyde Park Condominium complex locl'lted on ð portion of Parcel P, Unit 2, pelic,'n Bay. Referring to the information within the Executive Summary, dated Jðnu~ry 21, 1982, Planner Tom ~cDaniel stated that it is staff's recommendation that petition FDPO-Pl-V-17, requesting a 4' variance to the FDPO miminum flood elevation requirements, be approved, subject to Page ~ &OOK 067 PACfS42 -.-.----.-----,.- ---.--- -'-·----....·;''''L- 1111___~.........,.. --'.,......._.'...'"--".."."._,~.",.- BOOK 067 PACt 343 Februnry '-, 19"' tho stipulation that tho develop~r of the subject con~óminlum complex con5tru~t the bu!~~!~~ in ~rrnrñ~ncp wf~h thr. provisions of Level W-~ floodproofing, as contðined in the U.S. Corp~ of Engineers Floodproofing Regullltfons, which will provide for s,·r-'cll'!nt protection from any anticipated flood wðt~rs. Commissioner Wenzel moved, seconded by Commissioner pistor and carried 4/0, with Commissioner Brown absent, that the public hearing be closed. Comm~ssioner pistQr moved, seconded by Commissioner Wenzel and carried 4/0, with Commissioner Brown absent, that Resolution 82-16, re Petition FDPO-R1-V-17, be adopted, subject to the ~forcmentioned stipulation. Pðge 4 .- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ...... -- L .. .,.",. -- - -- ~ -- - -- --- - - ~- --- --- -- - -... -..-.. . -- -.- --.-.- February '-, 19~? OlJlT CL^IM Dr.~nS FOR ETGHT-OF-WAY AT SC~IOOL DRIVE: P^RK, I,.,,.,OKALEE: - ACCF.PTED FOR RECORD^TTON Public Works Administrator Clifford Bðrksd~le reco~~ended the acceptance for recordðtlon of certain quit claim deeds for the right-of-way at School Drive Park in Immokalee, explaining that they are required by the Community Dcvelopment Block Grant ProgrÐm before street improvements can be made. Commissioner Wenzel so moved, seconded by Commissioner Kruse and carried 4/0, with Commissioner Brown absent. Page 5 BOOK 067 PACt 346 - - - - - ----- - ---- ---- - -- ------- ---------- --' . ----.-.- . '"~_,.'.,,~"_"..~O"-;".._ Fcbru~ry 2, 19P? --. - --- - -- - - - - - - -- - - - - - - - - - -- - - - - - - - - - ...-- COUNTY EMS AMBUL^NCE TO er ST^TIONED IN EVEnGLADES CITY FOR THE SEAFOOD FEf.TIV^L Public 5ðfety ^dministrator Neil Dorrill reported that a roquest has becn received from Mrs. Jimmie Robinson, Presid~~t of Evcrglndes Chapter, Organized Fisherm~n of Florida, to provide full E.M.5. coverage for the Seafood Festival in Everglades City from 10:00 A.M. to 6:00 P.M. on February ~ and 7, 19R2. Mr. Dorrill stated that staff is requesting that the standby charge for these services be waived. He also requested authorization to display the County's HUlD ~dvanced life support helicopter in the festivl1l area. He expla ined th.:'lt thero would be no costs incurred for placement of the ambulélnce in Everglaðes City t:-"'cause the emergency medical technicians and paramedics have volunteered their time. lie said that the only cost for the helicopter would be approximately l/? hour flight time for each day. The propos~l [or providing éln ambulance at no co~t was discussed and Commissioner Pistor stated that he was opposed because he felt that it would set a precedent in waiving t~e standby charge previously approved by the Board. Commissioner Wenzel agreed, adding that the Festival peoplc should at least pay for costs involved. Commissioner Pistor stated that he is also opposed to the use of the helicopter for display purposes. Mr. Dorrill stated thl1t, in his opinion, the exceptionally lûrqe number of people expected to ßttend the festival justifies EMS coverage. Chairman Wimer stated that he sees no problcm with supplying the ambulance, especially since the manpowùr is being volunteered. lie commended the emergency medical service technicians BOOK 06 7 PACt 354 -,.....--',.--. -.... .--...-.---. - - - - - - - - - - - - -.. - - - - -- - - - - - - - - - - - - - - - - - -.- -... ~...."...~,~' _,k '''-1 :r't"..... .- -......----- PÐgC r; ",-_..~. . --- ----.----- ._-------------~-_.. - -- - ... MOl: 067 PACt 355 F~hru~ry 2, 19A1. ~nJ pnr~medics for volunteering their time. Commissiol)er }\rusf'! moved, scconc1~c1 by cOMmissioner Wenzel lUlU cðrricd 3/1, with Commissioner pistor opposed and Commiaaioncr Brown absent, that the County provide ~n EMS nmbulðncc in F.verg:adcs City for the aforementioned hours during the Seafood Festival, with pcrsonnel furnished on a voluntary basis. REQUEST TO DTSPLI\Y "UlS I\LS HELICOPTER 1\1' SEI\FOOD FESTIVI\L - DENIED Pursuant to earlier discu~sion, the matter of the request to display the County's HUIB ^LS helicopter "t the Seafood Festival was considered further, during which Deputy Chicf Raymond B~rnett objected to the helicopter being used for displ~y purposes. He explained that, while the HUIB is being displayed, it is inaccessible to the Sheriff's Department, adding that there is no way to òetermine when it may be needed by the Sheri~f. Commissioner Wenzel moved, seconded by Commissioner plstor ~nd carried 4/0, with Commissioner Brown absent, that the request to display the HUIB 1\LS helicopter at the Evcrglðdcs City Seafood Festival be denied. BID nS37, DATA PROCESSING ~APER 1\ND RIBBON - AWARDED TO BETTER BUSINESS FORNS CORPORATION AT VI\RynuS COSTS ON I\N "1\5 NEEDED" BASIS Legal notice hnving been publinhed in the Naples DAily News, on December l7 and 22, 1981, as cvidenced by ^ffidavit of publication filed with the Clerk, bids werc rpceived for Bid ~S37, for data processing paper and ribbons, until January l3, 1982. Page 7 - - -- - - - - - -.- - - - - - - - - - - -. - - -- - - - - - - - - - - - - - - - -- r·,¡ ,. - - - - - - - --- - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - -. February 2, 19"1. Commissioner Pistor movp.d, second~d by Commissioner Wenzel an1 carried 4/0, with Comml~sioner ~rown absent, that Aid .537 for v~rious kinds of data processing paper ónd ribbon, be awarded to Better Business Forms Corporation at various costs on an -8S needed" basis, as recommended by the Purchasing Director as the lowest bid in the best int~rest of the County, and that the Chairman be authorized to sign and the Clerk to attest the resulting Agreement. BID ~539, N^PLES RAY MONITORING - AWARDED TO COLLTER COUNTY CONSERVANCY CORPORATION, IN TItF. M'OUNT OF S 1 ,OOC' PER MONTH Legal notice hùving been published in the Naples Daily News on December 29 and 31, 198~, as evidenced by Affidavit of Publication filed with the Clerk, bids were received for Bid nS39, for monitoring of Naples Bay, until January ?O, 1982. Commissioner pistor moved, secondNl by Commissioner Wenzel and carried 3/1, with Commissioner Kruse opposed and Commissioner Brown absent, that Bid n539, for Naples Bay Monitoring, be awarded to Collier County Conservancy Corporation, in the amount of $1,000 per month, as recommended hy the Purch'1sing Director as the lowest bid in the best interest of the County, and that the Chairman be authorized to sign and the Clerk to attest the resulting ^greement. Mr. Bruce L. Holly, Sr., spoke in opposition to the awarding of Bid nS39 to Collie~ County Conservancy Corporation and suggested that, instead, the County should enlist the help of the U.S. Department of Interior to conduct a study of the lands in and around the Naples Airport properties, including soil and groundwater samples, which he Page 8 BOOK 067 PACi356 - - - - - - __ - - - - - - - - - - - - - - - - - - - _0- __ __ _ __ __ __ _ _._ ~'.. ---..-..-~-------.- ---,....o.;'IIt4iI >.:rJt.,-~- - -~,~,.,,,,"_..---,"- ..------... -----~---- -- ---.---- - -- --..-- ---.-----...- ....-... ...- --. .-. BOQK 067 PA~t 357 February 2, 19A2 ~lòimcd will prove th~t thiR ~rr.n, hðving bcr.n formerly ~ dumpinq grounds, is tho mðjor C,,)U!3C of pollution in Naplp.s Ai1Y. flc zald th.,t he believes that this study would also prove that the residents in E~st N~plcs ~rea, presently using septic t~nks, arc not contributinq to the pollution of Naples Bay, ~s has been claimed in the pnst by Dr. Cox of the Health Department, ~r. Derzon, the Utilities Mðn~ger and at least one rcprescntativ' of the Conservancy. Commissioner Wenzel agreed with some of Mr. Holly's statp.m~nts, particularly those regarding the Naples Airport area property, its past use, and the probubility of this contributing to the pollution of Naples Bay, however, this subject is not related to that which is on the floor, specific~lly the monitoring of N~plcs B~y. Commissioner Pistor expl~ined that the City of Naples h~s been notified that they must cut down on the ñmount of effluent that is running into Naples Bay and that the subject monitoring will simply enable the C0unty to monitor the City's progress. ~e said that in the event that a significant change should occur, perhaps, the County will have suff.icent time in order to do something positive about any w~rsening situation in Naples Bay. Chairman Wimer co~curred and he took exception to any inference made by Mr. Holley that the BCC has evcr ~ccuscd the people of East Naples of being the cause of pollution in Naples Bay because they use septic tanks. Pßge 9 4.~ _~ _ .~_ _ _ _ _ _ - - - - - - - ---- - - - - - - - - - - - - -- --- - -- A,..__._ February 2, lap? AGREEMENT WITH COLLIER Hf^LTH 5ERVrCE~, INC., RE U~E OF COLLIER COUNTY'S rMMOKALEE HE^LTII CARE CENTER - AUTIIOnI~ED FOR EX~CUTrON Co~missioner Wenzel moved, seconded by Commissioner Pistor and carried 4/0, with Commissioner Brown ~bsent~ t~~t tho ^greement with Collier Health Services, Inc., for use of the Collier County's Immokalee Hcalth Care Center, be authorized for the ChairmÐn's signature, as rccommended by the County Manager. pngc ]0 aODK 067 PACt 358 -- --- -- ----------- ------ - -- - - -- - _.~ -- - - _.. --.-. ~~~--~--,--.... ---.-....- .",.-."I'~"i'" -------...--..,.,.-...."".........-.. --- ----.----------- --~_._. -_.- 067 PACi265 Fchru~ry 2, 19A2 FINANCIAL RECORD KEEPING STUDY Fon "~^LT" OEr^~TMENT BY DR. RUTH THOM^S APPROVED IN Tm~ MIGUNT OF r.~¡ O; FiZCI\L OffICEn TO PflEr'ARE :--PP~OPRIATF. P-UT){a~'1' ^,.'~:N[¡"'I'" L'S County ~cn~~~r ~orm~n ~xpl~in~" th~t, with the ~dvent of rcductions in Zlvailahility of State I'Ind Fed£'rðl [\,"',(l1ng assiatanco for the Health Department and the need for better control over budg~tary processes, he is rccommending that the County engðge tho sc!vices of Dr. Ruth Thomas to conduct 1'1 financial record keeping study for tho Hcalth Department. He referred to Dr. Thomas' proposal submitted with the Executive Summary and stated that the cost for the study will be $840, payablc upon completion of the project. Commissioner Wcnzel moved, seconded by Commissioner pistor and carried ~/O, with Commissioner Brown absent, that a financial record kceping stuñy for the Collier County Health Department be inititated by Dr. Ruth Thomas as soon as possiblc at a cost of $840 and thl'lt the Fiscal Officer be directed to prepare the appropriate budget amendments to move funds for thi~ proposal into the Health Department budget from General Fund Contingency. ~ISCUSSION RE DATA PROCESSING - CONTINUED INDEFINITELY Chairman Wimcr stated that this matter is to be continued to some time in the futuro because certain people that were to be present for the discussion cannot attend. pag e 11 - - - - - -- -- ---------- - -------------...¡-------- - - - - -- -- - - - - - - - - - --- -- - - - - - - - - - - - - - - - - -- _. Fpbru~ry 2, 19B2 DOCUMENTS TO BE PREP^RED BY COUNTY ATTORNF.Y RE BrDS AW1\RDED TO VARIOU~ VENDORS FOR Sr,\,MENTf> OF COUNTY REGJON^L W1\TER SYSTEM - ^UTHOR1ZEO FOR CI/^IRM^N'S SIGNATURE, RUB.JECT TO WSF.RTTON OF DEFF.}\f:^NCF. CL^USES Utilities Director Irving Ber~on recoMm~nded '~~t the Boðrd approve the aw~rd of the various construction contracts for the Regional Water Treatm~nt Plant, pipelines nnd storage facilitien and authorize the Chairman to execute these contracts, subject to the availability of funds. Commissioner Wenzel asked if the County can award contracts on the contingency that the funds will be available? ~'r. Berzon clarified that his intent was to .eque~t that the ßo~rd authorize the Chairman to sign the contracts when the funds b~come availatle. Chairman Wimer said that he understood Commissioner Wenzel's concern, in that once the contract is awarded, it is considered as awarded, whether he signs the contrllct or not. Fiscl1l Officcr flarolrl Hall stated that he would not recommend that the County enter into any agreement until such time as the County has the funds win handw. Chairman Wimer nsked County Attorney pickworth for his opinion on Mr. Berzon's recommendation that the Cnunty aw~rd the construction contracts but withholò his signature until such time as the financing arrangements are finalized? He explained that the Bonrd is questioning whether it is proper and legal to commit th~ County when the funds are not available. County Attorney Pickworth stated that, rather than awarding the contract and withhold the signature, which could be interpreted by some as supporting a mandamus for the Chairman to sign Pûg\:! 12 ¡BOOK 067 WAtt 3G6 -- - - - -- - - --- - - -- - - - - - - - - - - - - _ _ _ __ --_ _ _ __ ..._.. _a. _....._ -~"'""'~I'ì,._. , ''"!-'''''{~~...'t''-¡';f'''h<,..J - - - - - - - - - - - --- ---- - -- ---- - -- --.- --- - ---,.-- -- -- - BoaK 067 PACt 367 Febru,HY ~, 19A2 thcm if the Ðo"rd ðw.,rd:::¡ them with no qUlIlific,1tion, ho rec,~;,'mp.n(,]8 th3t the Donr~ ðwðrd the contr~ct with a defcnsanco claus~ th~t says that if the fin~ncing is not obtðined by Q ccrt~ln time, the 3wardlng of thßt contr~ct becomes null ~nd void. ~r. Berzon aqrced to this method of awarding tho bids. Commissioner Wenzel stated that he will support th"t mcthod of awarding the recommended contracts. Mr. Pickworth stated thðt ho will prep~ro the documents of ðw~rds, ndding that eRch will expirr. of its own terms if the money doeD not become available. Commissioner Wenzel movr.~, seconded by Commissioner plstor and carried ~/O, with Commissioner Brown absent, that the following awðrding of bids be approved, as rccommended by the Utilities Manager ~nd the consulting r.ngincer::J liS the lowcst responsible bid in the best intr.rpst of the County, ~nd thnt the Chnirman be ðuthorized to execute and t:1e Clerk to ilttest the resulting bid éH.."rd documents to be prcp(1rC!d by tile County Jlttorney which are to include II dcfeðs~ncc clßusc rcgarding the availability of funds: BID ITE,... CONTR^CTOR BID J\MOUNT COMPLETION TIM~ <1) R~CJioni)1 W¡,ter Bi'1y-Con General $5,112,77'\. no 450 days Treatment Plant Longwood, Fl. b) 2(1" Main ill 0 ng Boyce Compðny, St. S.R. <)')1 Pc t c r s bur q , Fl. ~n,1 9q.H]II.OO (combines itcm!! b ,. c lesG a deduct) 150 d<'lYs c) 12" r~., in <110ng Boyce Compllny, St. 150 days C.R. P'í,lI Petcrsburg, Fl. d) 12" Mù in - S.R. Westra Construction $ 231.414.00 120 dðys fill & C.R. P.4fi Brlldent.on, Fl. Pogo 13 ---------------------------------------- February 2, 1982 e) 12- & 16" Main, Scarb.rough Constr. $ 509,014.75 100 days Ciuica Rd. , U.S. Fo rt Myers, Fl. 41, C.R. 8~6 & I11t~ Ave. NQ. f) 16- Main, U.S.41 Scarborsugh C.nstr. $ J,:·~/4g9.25 6" days C.R. 951 tit ßar~fo.t Williams Rd. ALL BIDS RECEIVED FOR TWO MILLION GALLON STORAGE TANK TO BE LOCATED AT CAPRI TREATMENT PLANT SITE - REJECTED; PROJECT TO BE REDESIGNED AND REBID Utilities Manager Irving Berzon reported that the County's consulting engineers have recommended that all bids received for the two million gallon storage tank that is to be located at the Capri Treatment Plant site be rejected and that the project be redesigned and rebid. Commissioner Wenzel moved, seconded by Commissioner pistor and carried 4/0, with Commissioner Brown absent, that óll bids received for the aforementioned storage tank be rejected and the project be redesigned and rebid. ROUTINE BILLS - APPROVED FOR PAYMENT Pur5uant to Resoluti~n 81-150 the fol1.wing checks were issued through Friday, January 29, 1982, in payment of routine bills: FUND CHECK NOS. 1I.MOUNT County Checks ßCC 3058 - 3388 32545 - 33087 $2,218,112.8" 297,806.66 Page 14 BOOK 067 PAtt 368 /. T¡....'~, _~,...-,...~...~~"~,. ~", ,_ . ~ ~_r........ ..:>1·..., "1i'''' ~ r ~ "" -~~.<_.._,",.-....~"". -- - - - - - - - -- -. - - _.. - - - - - -- -. - - - -- - -- -.- -.- --- - .- - .. -- -- .- - - -." BOOK 067 PAGi'369 February 2, 19R2 ~UI)Gr.T 1\MENDMF.NT NO. 02-<12 (IIEALTII DEPARTMENT) PROVIDING FOR PURCH^SE ('IF WHIT'OW ^TR r.O"lDTTIONING UNIT - ^DOPTF.D IN TIIF. 1\MOUNT OF $600 ------.-... Commissioner Wcn~el moved, sccond~d by Commi~~ioner pistor ~nd clIrricd 1\/0, with Commissioner P,rown absent, that B~:;~t 1\mendment No. B2-42, trnnsferring funds within the Health Department budget for the purch~se of a window air conditioning unit, be adopted in the amount of $600. Page 15 -- - -- - - - - - - - - - - - - - -- - - - - - - - - - - - - -- - - -- --- '~--'\ ......""----.. - . ..-. - - -- - --- -- ------- -- --- --- ---- ---------- BOOK 067 PAGf 371 Fobru1Iry 2, 1C1A2 CIlIr.r DEPUTY CLEmVfIr.CAL Ofo'FFICF.R JlM~()LD IIALL RF.PORTS SUFl-"l'::IENCY or ^LL <":Ct::~TY ~:-,:-,;.~:.~~':-: ~c~:~~ .\';.', ,\~20UJ\T8 Chief Deputy Clerk/Fiscal Officer H1Irold Hall reported th1lt, pursuant to the completion of the semi-nnnu~l rcvic~ of the sufficiency of all County Officer's bonds, it has been determined that all ara adeguðte. BOARD EXPRESSED INTP.NT THAT ANNUAL ^DVERTISEMENT OF DF.~INQUENT TAX LIST FOR 1981 IS TO BE ^WARDED TO GOLDEN GATE/MARCO ISLAND EAGLE AND THE NAPLES STAR; COMAINED pnOPOSAL Rr. ~OSTS TO HE PRESENTED 2/9/8' Referring to the f~ct that Collier County now has three newsp~pers which qualify for the advertisement of delinquent tax lists, Commissioner Wenzel proposed that the BCC adopt a policy that, beginnin~ next year, rather than rotating the ðwarding of this contract annually, the matter be handled ~hrough the bid process. Commissioner Pistor asked why the Board co~ld not initiate the bid proceciS this year and County Attoney Pickworth stated that they could. The matter of which method would be most fair was discussed briefly, after which each newspaper's representative was asked to comment on Commissioner Wenzel'G proposal. ,.lrs. Charlotte Westman, League of Women Voters, pointed out that, according to the BCC Minutes of ^pril 7, 19R1, it was the intent of the Board that this year's list he published in the Naples Star. The discussion continued, including what the bids would be based on, i.e. cost per subscriber reached or gross charge? Commissioner Wenzel stated that he believes the only fair way to handle the matter and insure the best price would be to put it out for bids and that he P<'Ige 1" - -- - - - - - - - -...- - -- -- - - - - - -- - - - - - - - -- - - - - - -. - -- - --------..---- ----------- --- -'- ----. ---- --------~ February 2, 19A2 believes that the Board would have to consider the gross charge and the circulation of t~~ respective bidding newsp~p~r8. Mr. Corbin Wy~nt, representing the Naples Datly News, stated that he believes that the paid circulation of the'newspape:3 that bid on publishing the delinquent tax list is of the utmost importance and Chairm~n wimer asked him if he believes that there has been any significant difference in the results of p~st publicðtions, based on the circulation of the newspnpers? Mr. Wyant stnteò that he believes that the personnel that have handled this in the past would verify the fact that failurc to publish the list in the Naples Daily News has resulted in considerable confusion on the pðrt of the taxpayers and consider~ble inconveni~ncc on the part of County personnel. Chairman Wimer read a letter from former Tð~ Collector, A. P. Ayers, in which he states that it is his opinion th~t there is no difference in rcsponse during those years between 1953 and 1979, whethtr the list was printed in the Naples Daily News or The Naples Star. Mr. Wyant outlined several points which he claims indicate that publishing the ñclinguent tnx list in Naples Daily News was in the best interest of Collier County, including the fact that t:le pnid average circulation in Collier County of the Naples Daily News is four times that of any other newspaper in the County. He also stated that he believes taxpayers' dollars should be kept in Collier County, adding that the other newspapers being considered arc owned by the N~w York Times and the Chicago Tribune. When asked by Chairman Wimer who owns the Naples Daily News, Mr. Wyant replied that it is owned by members of the Collier family, ~s individu~ls. Commissioner Pistor stated that , ~ I )1 ~..c.... ) _.~--_~"~;""_j¡ttl> .~;---:::-UL-,-tI -r:z...~ _.'~t..~.--- ......~ /../...... /, /' ....... )..... II I' " ¡,..' ....-Ú~,~, / > /' . /' /. //. / ..../ .~ /, , ,4- ''',.{Â ~ ¿/.. ~o~tð67'PA~37¿ ..// .. /' .. .. .. . -7' ." ~ /? _ ,....¿ J;; cro ~..K./Þ..."'" ..,/'/~ ~/..-l--< .þ"" _.......,r::'e-r:::...-c.....-<......~ /- '" / ~ ' . ,.¿;e¿..-,yf z' j ,- ~::1?:!:, ¡¿~..c::.0~:::::.~~~þ~.~.?L!..9v_,>~~~...::::~__.. t;::.~ "..... / /. ~ / .....~.....~ ~/;.¿,.Þ"I't._._~<..::.- e.-"~. I' /' . j , ,......-v.:.v... 7" >: ¿0-lJ / .,/ / '" 'Tð .:...:....../,1,.;/ L ¡' /..£.. ~/,/ ~-"';' ,r /,.-:..- .-' I) ./ ... ;/ /~.,~./ ¿ / ,~ rðge l7 ,--I . /··/·".G --,--; .,/# " , j ,J' >" ,., // .../ ~ /1"..1- , , . '7 ..... ,I ..-- -/-/ .... J// ·__M__ _.. ~,_,. __....._._........- -----~~...·1'-..... -----,--.. ---------,.,- ~~. --:::-,""7'1'~.,\:, , when rec:eIYc!1. BOOK 067 PACt ?'73 February 2, 1982 . .. ..- -- -- -- -. - -- - - - - - - -- - - - - - -... - - - -- - - - - - - - - --.- - -- .. tho circu13tion fiqurcR out1inp.d in tho propos1'I1s b(!fore-hi," -../1-))Y t- ~' for-.t he. --Naples Stðr ètnd-:..:.~--r~--.J6-l-ð-M~/6úld..L U~ t...:"" t~,...,~) 1'-7 :In.1 :~n ~c lllo to; L:,~ NÐplcs Daily News' circulat1.on i::. ~v~õ:' time,':! ë1:Jll1Y'g~ 'I'IU--t1Trtr1r. Mr. Wyant stated that the NAples Daily News' circulation figures ~re bas~d on paid circulation Dnd do not includé any "bulk circulation-, such as the other newsp~pers have. In answer to Ch~irman Wimer, Mr. wyant stated that the cost for ~ublic/)tion of the d~linquent list would be $l.20 per line or apptoximately $50,000 for four times. Mr. William Gentry, representing the Marco Islanrl/Golden Gate Eagle stated that his firm is in favor of letting this out for bids. He also clarified thÐt neither of his publications have any "bulk circulation". He added thÐt his drc the largest growl~g weekly newspapers in Florida. In reply to Chairman Wimer, he stated that the cost for publishing the delinquent list in his newspapers would be $.48 pcr line or approximately $25,000 total. Mr. Mark Merenda, representing the Marco Island/Golden Gate Eagle, reported that approximately 20\ - 25% of last years delinquent taxes were for properties in the Golden Gate and the Golden Gate Estates area and that his paper reaches over 1000 out of state Jwncrs of property In that area. He also stated that, according to the present rotation system of the County, he feels that because his newspaper has never published the delinquent tax list, it is th~rJG turn in rotation. He also pointed out that, of the proposals that have been submitted .. /" ,~-,,', ~ this year, The StAr's proposal is the lowest and should also be given conslderDtlon on that basis. Commissioner Wenzel expressed concern about the lack of Page lß -- - - - - - - - - - - - - - - - -, - - - - - - - - - - - - - - - - - - - - - -- - ----- - --------- -------- --- - -- - - - - -- - -. -..- February 2, 19A' ~trculation to the population in the City of N~plcs arca, to whi~h Mr. M~rcnda reported that, included in their proposal, his newspnpcr will distribute extra copies containing the list to various points throughout the City and will also advertise on the radio where these copies may b~ found. He said that his firm also distributes in the City through ncwsstDnds and storcs. Mr. Jack Meyers, representing the Naples Star, stated that, according to the BCC intent by it~ action in March, 1975, the publishing of the delinquent tax list will be decided by rotation between eligible newspapers. lie sidd that neither the policy nor the Board's intent hõd been changed at the time he 1900 list was to be published, however, the BOùrd gùve the job to the Naples Daily News even though it was the Naples Sté'\r's turn in rotation. fie said that it is the Naplcs Star's position that if the rotation system is to be reviewed and the policy changed, it should be done in relation to the 1982 tax list and should not ùffect the award of publication for the 1981 list, which should be given to T~e Naples Star. In answer to Chairman Wimer, he stated that the Star's rðtes would he $.R9 per line or approximately $28,000 total. Mr. Mike Zewalk, representing the North Naples Civic 1\ssociation, suggested that the delinquent tax list be published in The Shopper rather than in the regional papers that arc heing considered. Mr. Gentry stated that The Shopper does not meet the criteria requiremp.nts for legal advertisements, as outlined by State Law. Whether to continue the rot~tional system or to go out for bids was discussed further, during which it WitS pointerl out by Chairman paqe 19 BOOK 067 PACt 374 -- - -" --. - - -- - - - -- - - ....- - -- - -- --- --- - - -- -- -- - - - - - - - -- . "'--"_._--"--..._............ _ _._ _ ~ _.. _. _ __ _ _..4 __. _ ___ - -- - - - - - - - - - - - - - - - - - - - - - - - - - - . ~OQK 067 PACt'375 fcbrulHY ?, ]91\2 Wimp.r thnt it would cost almost the samo to have the list publiÐhed in th!! tilrt'e wet:;"'y lìt:w,þp.)p.:r~ includi:-.g th~ "''''rl''~ ~t'''r, the foi"lcco ralðnd E0g1c and the Goldpn G"'tn E~gle, ~s it would to publish the l1st 1n the N~ples Daily News. He said th~t, if the weùklys ~~r~ chosen, all areas of the County would be sufficiently covered. This was discussed, during which Commissioner Kruse said that in this manner, the rotation~l system could continufl, with the weekly newsp~pcrs publishing the li~t one year and the dAily newspaper the next. Commissioner pistor moved and Commissioner Kruse seconded, that the Marco Island/Golden Gate F.õqle and the Naples Star be awarded the advertising of the ñclinquent tax list for 19A1. County Attorney pickworth requested time in order to study the legal question of conformance to the St~te Statute which indicated that the County shall select "a" newspaper. Chairman Wimer suggested that, if this should prcsent a problem, one newspòper could sub-contract to the other. Commi"sio~~r Kru~c suggested that tho newspapers might wish to make a joint proposal wherein only one would have to do the initital setup and run the material and they could supply the others, adding ~hat this might hold down the costs. Commi~sioner pistor clarified thdt the motion is simply to award the advertising this year and should not be construed as a commitment that the Bo~rd will continue to rotate next year, noting that the Board's objective is to save tùx money. Mr. George Biggers, representing the Naples StAr, requested to rescrve the right to mcet with thc other newspapcrs ðnd work out a beneficial arrangement beforc being committed. Mr. Pickworth suggested Page 1.0 - ---- -- --- ------- - - -- - -- - -- - - - - - -- - - - - --.. - - - - - - - --- - - - - - - - -- - - - -- - - - - - - - - - - - - - -.- _.. Fcbru~ry /., 1982 that the motion b~ amended to exprcss tho intent of the BOßrd and th~t the ~arco !slnnd/G~lden Gato Eagle and the Naples fitar submit a joint proposal to be considered next week. He sðld that he could research the legality of such a measure during this time. The rnotioner and seconder agroed to amending the motion to express the Board's intent and to schedule the mattcr on the agenda for 2/9/82 for final consideration. The motion carried 4/0, with Commissioner Brown absent. CERTIFIC^TE5 OF CORRECTION TO THE TAX ROLLS - ^UTIIOnIZED FOR EXECUTION Commissio~er Wenzel moved, seconded by Commissioner Pistor and carried 4/0, with Commissioner Brown absent, that the following Certificates of Correction to the tðX rolls, as submitted by the Property Apprniser's office, be authorized for Execution: 19AO TAX ROLL NUMBERS DATES 546 548 11 nO/81 1/l2/R2 19R1 TANGIBLE PERSON^L PROPERTY NUMBERS DATES 1981-95 - 19A1-97 1/27/82 - l/29/82 19A1 TAX ROLL NUMBERS DI\TES 39? - 419 1/12/A2 - 1/2R/82 Page 21 ßODK 067 PAcr:376 -- -- -- - - - - - -- -- - - - - - - - - - - - - -- - - - - - -- - - - - - - - - - - -. . aO~K 067 p^L€r¿.77 F~hruary 2, 19R2 .. - -..-.- ~ - ---~ - --... -- --- -------------- -------------. Rr.~IGNfo.TION OF MR. C1\RTER ARYMJ FROM NF.W HORIZON!; CITI7.ENS 1\DVISORY COMMITTEE ^CCEPTED¡ ^PPROpnIfo.TE LETTER OF 1\PPRRCTATrON ^UTIIORTZED Commissioner Wenzel moved, secon~ed oy Commissioner Kruse ~nd carried 4/0, with Commissioner Brown ðbnent, thðt thp. rosignation of Mr. Carter Bryan from the New Horizons Citizons Advisory Committee ba accepted ùnd the appropriate letter of appreciation be authorizp.d. TAX COLLECTOR AUTHORIZED TO ISSUE DUPL:CATE TAX SALE CERTIFICATE 16478 TO 11. t:. IIF.INICKE Commisssione~ pistor moved, seconded by Commissioner Wenzol and carried 4/0, with Commissioner Brown absent, that the Tax Collector be authorized to issue Duplicate Tax Sale Certificate n6478 to H. C. lie in icke, the or ig inùl hðv ing been reported lost. Page 22 - - - - - - - - - - - - ---- - - -. - - - - - - - - - - - - - - -- - - - - -- ~~ - --- -- ---- -- -- -- -~- ------. -.-- -.. -..-- -.....- - - --. --....- -....-.. _.- _.. -_.. BOOK 067 PALt 379 Fcbru~ry 2, 19R2 BOARD AUTHOrUZED PUBLIC WORKS ADMTNJS1'R^TOn TO ENC,1\GE 1\.U,,~. TO CONDUCT R^TE STUDY A1' A COST OF' $10, '100 .!}E YM!l_~~OS.~_~F:('It~.T~2!,T~..r.tlC~!!,-,?~_ Administrative 1\ide Crace Spaulding reported that the Findncial Stntcments have be~n received relative to a rate increase request. by Yahl Bros., adding that Public Works Administrator Clifford Barksdale has asked that he be authorized to hire Associated Utilities f>ervicos, Inc. to conduct a r",te gtudy. Mr. Bélrksdale explained that A.U.S. hns ho!lndlcd the last two rate increase requests from Yûhl Bros. and that t~ey have given him a quote of $10,500 for this project. He said thnt there are sufficient funds available for this study. Commissioner Wenzel moved, seconded by Commissioner Pistor and carried 4/0, with Commissioner Brown absent, that Mr. Barksdale be authorized to engage the consulting services of A.U.S. to conduct a rate study relative to the rate increase request by Yahl Bros., at a cost of $10,500. . . . R EC E S S : lO : 00 A. M. - 1 0: 0 B 1\. M . Commissioner Rrown entp.red the meeting at this time. . * * OBJECTIONS OF MR. KERMIT BUNN RE COLLECTION PROCEDURES FOR DELINOUENT W1\TER BILLS REFERRED TO COUNTY MANACF.R AND STAFF FOR RECOM~ENDATIONS Mr. K0.rmit Dunn addressed what he tcrmed i'lS the unfairness in the currcnt collection procedures for delinquent water bills. He explained that the property owners are held responsible for ~ny upaid bðl~nce on water bills even though that property is leased or rented and the water bills wcrc incurred by ð party other than the property owner. He said Pëlqe 21 ~---------------------------------------- --- ..-.....--- .---- ------------------------------ Februl'Iry 2, 19n~ th.-lt deposits are mllde ðnd the ðccounts sct up with these second pa r tic R , howp.v('r, when they do not P·"IY thc:d r bills, 8 lien is put on the property for ð debt never incurred by tho p:operty owner. /o1r. Bunn expll'lined thAt, AS a property owner, he has no legðl t~~ourse for collection of these delinquent bills, even though he is expected to pðy them before water will be furnished. On the other hand, said Mr. Bunn, the County, as the owner/operator of the Utility, ÒOCS have legal recourse, adding that the County could initiate a judgement against the person with whom they contracted to provide water. Mr. Bunn suggeste~ two things be inititated to avoid this problem. lie said that the County should set up a "reserve account" to cover b~d debts, as the CIty of Naplcs has done, ùnd that the County ~hould increase the water deposits in ordpr to cover delinquent bills. ~e stated that he believes that the County currently makes an innocent party pay for debts incurred by the guilty party. County Attorney Pickworth cl~rified the fact that, in these cAses, the County is also an innocent party, therefore, the que~tion becomes, "which of the two innocent parties will be penalized?" Mr. Pickworth stated that he docs not believe that it is possible to change the ult~mate legal responsibility for the water bill, because the Statutes provide that unpaid lIser charges constitute a lien on the respective property. Ite said that ë1nother thing that must be re~embered is that, in covetness to the bond holders, the County must do everything possible, by law, to collect water user charges. He said that this is indicated in the ~greements with the bond holders. Chairman Wimer verified that his office is continually hAndling Pl'Ige 24 BOOK 06 7 PAti 380 ---------------,------------_ _·__._"0.4__ _...__ þ_____...~ .__. þ_. . . _ __ _ _ _ _ _ _. _ _ ___ _ _.. .._ _. _ __ __ _. _ _ _ _ _ _ _ __ __. __ _ _. _ __ __ __ _... _ _ __ ...4 _ Februðry 2, 1982 BOOK 067 PAGfæL complaints ~bout this SDme problcm and that he has found that the prohlem appnrent:ï rloe3 not e:<1st in th~ Clty of. N~pltHt for the .~ñSvns outlined by ~r. Bunn. The differences in the ùmount3 of deposits between the City Ðnd the County were discussed, durin9 which ~r. Bunn reported that the City charges a $20 deposit and $5 to put the account on the computer and the County charq~s Ð $20 deposit and $20 for putting the account on the computer. Mr. ßunn stated that he cannot see how the County can legnlly charge a customer ð deposit to open an account and consider that as cons~ituting a lien on the property. Commissioner Brown stated that he was sympathetic with the concerns of Mr. Bunn and moved that the matter be referrcd to the County Mðnagcr and stòff to resolve, adding that they can report back to the Board. Commissioner Wenzcl seconded the motion which carried unanimously. Chairman Wimer directed that Messrs. Norman, Berzon and pickworth, along with anyone clse that may b~ involved, meet and report back to the Bo~rd with recommendations for resolution. ~ISCELLANEOUS CORRf.SPONDENCE - FILED ^NO/OR REFERRED Therc being no objection, the Chair directed ~hat the following corrcspondence be filed and/or referred to the various departmcnts as indicated below: 1. Letter d~tcd 1/19/B2 from Mr. Franklyn 1\. Johnson r~ favorable action for rest stop facilities at SR 29 and Alligator ^lley. Filed. 2. Minutes of Contr~ctor's Licensing Board meeting for 1/19/82. Filed. Page 2S - - - - - - -- _.- - - -- - - - -. - - - - - - -- -- - - - - - - -- - -- - -- l ---------- ----------.------------------. February 7, 19R2 3. Copy of letter dated 1/2~/n2 from Mr. Ross Obley, President, Coral Ridge-Collier Prop~rti~s, Tnc. to County ^ttOLOP.Y Pickworth rc conveyance of approximately 36 ~cres of the Cons~rv~tion ^rea to the County for use ßS ~ park site before bcginning fill nctivities in the northwest fill area. xc Mr. Norman, Mr. Barksdale, Mr. Virta;, filed. 4. Letter dated 1/27/82 from Bob Heiserman, Turnp.r County Motor Co., Inc., re a street sign being removed from the pont on Dottorsca Court. xc Mr. Norman, Mr. Barksdale; Filed. 5. Letter dated 1/29/82 from Philip M. Johnson, Dircctor of Community Planning and Development Division, re a visit from Ms. Diana M. Gates, Community Planning and Development RepresentÐtive, on Frbruary 11 and I'. xc Mr. Norman, Mr. Vir t a; F i 1 ed . (i . Le t t e r d i) t e d 1/2 2/ n, fro m .1 err y flo if man 0 f J. 1\ 11 en, r n c. r ~ the construction for the courthouse complex expansion. xc Mr. Norman; Purchùsing; Filed. 7. Minutes of the Golden Gate Fire Contr,)l District l\dvisory Committee meeting for 1/12/87.. Filed. 8. Copy of memorAndum dated 1/2~/P2 from Harold H. Blanton, Administrðtor, food and Nutrition M3nðgcment, re the Summer Food Service Program for Children. xc Mr. Norman, Martha Skinner; Filed. 9. Lett~r (]¿,tcd 1/2(,/R? from Ken Woodhurn, Policy Coordinùtor, Office of the Governor, re county payments Division of Forestry's fire-fighting program. xc Mr. Norman; Mr. Virta; F 11 ed . 10. Memorandum dated 1/28/P2 from DeSoto County Commissioners and copy of Resolution 1982-2 requesting the Florida Legislature to either fund Sti)~e mandates or remove the requirement that counties fund them. filed. Page 2fi aoOK 067 PA~t 282. ------------------------------- -.----- -- -- - ~ - -. - - -- - - -.-. . __4 _ _...._ __ _ __ _ _ ..._...___ __ ___.._ __.___ _.._..__ ___ _ __ __ ._4 __ _...._ BoaK 067 PAGi 283 February 2, 1982 11. Copy of Order No. lOS~O, dntcd 1/22/~2 from the Florldn Puhlic Service Commtsr.ion ra withdr~wal of proposod rulR ~5-l4.0~ - Fednr~l Corpor~tQ ¡ncomo T~x, Docket No. r.G071~-PU. Filed. ,. ,. ,. . . . . . . . . ,. Thcre being no further business for the good of the County, the meeting WðS adjourned by order of the Chair - Time: 10:20 ^.M. ,\,' , ,j " ! /' ( BOMID OF r.O( NTY CO~~IISS IONERS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL £~~ C. ç "RUS, · hMRR. ~HAIRMAN c/"", These minutes approved by the ßCC on February 23, 1982 , as presented or as correctcd~,_ pag e 27 -- - - - - - - - - - - -- - - - - -- - - --- -- -- - - - --- - - - --