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BCC Minutes 08/21/1978 C Naples, Florida, August 21, 1978 LET IT BE REMEMBERED, that the Board of County Commissioners in and f~r the County of C~llier, and also acting as the Governing Board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:10 A. in CONFERENCE SESSION in Building "F" of the Courti1ouse Complex with the following members present: CHAIRMAN: John A. Pis tor VICE-CHAIRMAN: David C. Brown C. R. "Russ" Wimer (9:15 A. Thomas P. Archer Clifford Wenzel ALSO PRESENT: Harold L. Hall, Chief Deputy Clerk/Fiscal Officer 111:20 A.M.); Edna Brenneman, Deputy Clerk; C. William Norma~ County Manager; Donald A. Pickworth, County Attorney; Clifford Barksdale, County Engineer; Richard Woodruff, Planning Department; an William Walker, Jr., Civil Defense Director. AGENDA BOART) OF COU~nY Cm1:U')SIO'lERS WOR'(SHOP AGr.NDA Auf,. 21, 1978 (9:a.m.) 1. Request by County's ~egotiatin8 Team reBarding ~urchase of Seaboard Coast Line Railway Right-of-way: presented by tk. WCR Downinp" Chairm~n 2. Consideration of Civil Defense Program Pnper for FY "78-79". 3. Consideration of Hater Hanagement Advisory Board recom..nendation rc maintenance of water control stL~ctures. ~. Consideration of posqfblc use of Golden Gate Estate reserve funds for redevelonment planninp, expenses. 5. Consideration of request for authorization of legal services for Golden Gate Estates Interim Action Program. 6. Report by Fiscal Officer on method of payment which may be used to meet obligation of Immokalee Water-Se'o1er District. 7. *Review of Xerox costs and proposed policy for photcopying uses. b~CK 043,~ or " :..ir 043 rl.:: 02 ~(lOK August 21, 1978 10. Consideration of request for approval of Southwest Florida Mental Health Board, Inc. plan for district. Consideration of policy regarding distribution of Ilnsolicited material in and about Court House. Considp.ration of ways and means to finance fire fighting equip- ment requested by Isles of Capri Fire Control Subdistrict Advisory Committee. 8. 9. *Back-up material attached REPORT OF COUNTY'S NEGOTIATING TE~1 REGARDING PURCHASE OF SEABOARD COAST LINE RAILROAD RIGIIT-OF-WAY BY CHAIR.\IAN WES DOWNING; FURTHER PROGRESS REPORTS TO BE FORTHCOMING Mr. Wes Downing, Chairman, Negotiating Team regarding purchase of Seaboard Coast Line Railroad right-of-way, reviewed for the Board what is happening with regard to the Seaboard Coast Line proposal for relocating its terminus outside of the County. He said that a meeting was held with the Negotiating Team, one of the results being to conta~t the users of the railroad for financial aid in the project of retaining said terminus within the County. The users held a meeting with the end result being that they would not contribute toward n new terminus, but rather would expend their funds for legal fees at the time of the hearing regarding the same with the ICC. Further, said Mr. Downing, it was the feeling of the users that it is possible to prevent the railroad from moving and also that it is the respons- ibility of the County to create the new installation. He said that it ia his personal feeling that it will be difficult to "sell" the general public on the project when those firms who would receive the most benefit are not willing to "go to bat and put money up" for this purpose. r''''-', , ,..'~ 1 August 21, 1978 Mr. Downing commented that he has received an opinion from the County At~orney that it would not be possible to expend monies from the Bond Issue for this purpose with County Attorney Pickworth noting his concurrence with Mr. Downing's statement. Mr. Downing said one of the concerns is, in the event there is sufficient opposition to the proposed move to delay it for a period of two or three years, the County would be faced with having to build roads at that time at a much higher cost. It was decided, he said, to investigate the right- of-way costs. County Engineer Barksdale, referring to a blueprint of the pertinent areas, explained that there is 100' of right-of-way currently existing; however, from SR 846 to Pine Ridge Road it will be necessary to acquire an additional 30' of right-of-way on the east side to align with the 100' on the south side. In this regard, one of the major problems, said Mr. Barksdale, is the Florida Power & Light Company's high voltage transmission line which would Ilave to be relocated and he said that the firm has given an estimate c $721,000 for this relocation. In response to Commissioner Wimer, Hr. Barksdale said that the County will have to pay for the costs for the relocation. The benefits to be derived from acquiring the railroad right- of-way include the future four-laning of Goodlette Road and another east-west road that is now lacking and which will provide for better traffic circulation. Chairman Pistor inquired about what will happen to the right-or-way il. the event the railroad t",.;,tinu , is eventually moved with Mr. Downing stating that the railroad would like to sell it as one parcel to the County, or the other choice is to sell it to individual property owners. Mr. Downing observed that the Committee is "stumped" as to the next step in the process, noting that it appears there is not much chance of preventing the removal if the review board feels the rail- B~CK 043~:: 03 - ., ~~OK 043 r~~~ 04 August 21, 1978 road is losing ~oney and continued operation is not justified. It was the consensus of the BoaLd that Mr. Downing confer with the railroad another time, and also the property owners in the area, as he requested, and to report back to the Board when additional infor- mation is available. Mr. Downing, in response to Commissioner Brown, stated that, in his opinion, the railroad will be removed from the Imrnokalee area and that he will make further inquiry into this possibility. Chairman Pistor expressed the Board's gratitude to ~Ir. Downing and the Committee for their report. DISCUSSION OF CIVIL DEFENSE PROGRAM PAPER FOR FY 78-79; PROGRAM TEN~ATIVELY APPROVED - FORMAL ACTION TO BE TAKEN 8/22/78 IN REGULAR SESSION County Manager C. William Norman advised that the Board is being requested to approve the Local Civil Preparedness Annual Program Paper for the coming year, copies of which were previously furnished to the Commissioners. Mr. Norman, referring to subject Paper, noted that two changes have been agreed upon, after conferring with Civil Defense Director W. C. Walker, Jr., and with Chairman Pistor, one being the deferring of the Warning System (Item 5) until ~ later date, the other being under Training (Item 2) a statement pertaining to the developmen of a citizens volunteer organization to work on special assignments with Civil Defense has been included, He explained the purpose of the proposed organization would be to supplement the existing paid personnel particularly in areas of evacuation, rescue and traffic control, noting that such an organization would only be valuable if they were organized with the full support and assistance of the County organization whom they would assist such as the Sheriff's Department, fire departments, and the public works department. In response to Chairman Pistor's inquiry as to the cost of the Program for fiscal '79, Mr. Norman stated that the County would put up $21,295, noting that this figure includes the helicopter .,' ~ . · , 1 August 21, 1978 operation and the staffing of the Civil Defense office. Mr. Walker pointed out chat the figure re~resents substantially his Civil Defense budget. Mr. Walker explained, in reponse to Commissioner Wimer, that he would like to attend the Graduate Seminar at Staff College in Battle Creek, Michigan in July, 1979 which he said is a one-week course and is a requirement in order to be fully qualified as a Director of Civil Defense. He also said that the course is not related to the Hazardous Materials course, noting that the Hazardous Materials course will not be an expense borne by the County. Mr. Walker explained briefly that portion of the Program with respect to Radiological Defense and noted that the equipment for this phase is furnished by the Federal Government. He commented that the subject program with regard to this matter is difficult to "sell" but thut it is u requirement. Following additional discussion, it was the consensus of the Hoard that the Program Paper be approved, with formal action to be tukcn at the Regular Session meeting on August 22, 1978. DISCUSSION OF RECOMMENDATION DY I~~B RE MAINTENANCE OF WATER CONTROL STRUCTURES - NO ACTION TAKEN PENDING LEGAL OPINION REGARDING POSS~BLE T^KEOVER OF MAINTENANCE BY THE BIG CYPRESS BASIN BOARD Utility Director Irving Berzon advised that the Big Cypress Basin Board is recommending to the South Florida Water Management District that the Basin Board ta~e over the r~sponsibi1ity, through the District, of the operation and maintenance of seven water control structures which are in positions that coincide with saltwater instrusion points or salinity line points. He said that the Basin Doard's position is that they should be given the responsibility for maintenance and operation of the structures, the operation of same being primarily surveillance and where there is an operating feature on the structure, they would be responsible for taking care of that. B(l~ 043 PI,;: 05 Bm 043 rr.;,: 06 August 21, 1978 He explained that the matter was presented to the County's Water ~lanagement Advisory Board and, after review and consideration, the advisory board voted to pass on a recommendation to the Board that all water control structures in the County, approximately 20 in all, be the responsibility of one agency and if it is to be the SFWMD, they are in favor of it. concerning the costs involved in the proposal, Mr. Berzon said that the Basin Board estimates the cost for the maintenance of the seven structures to be $15,000 and they are putting aside that sum for this purpo~p in the new fiscal year budget. Mr. Berzon said that it is estimated thaf.. there is an additional $9,500 worth of maintenance alone, that would have to be set aside for the remaining structures throughout the County, said fund not including the cost of the operation and surveillance of those structures, which he said would cost approximately $9,000 more. Mr. Fred Vidzes, Administrator, Big Cypres~ Basin Board, by means of a slide projector, identified the structures that the Basin Board has indicated a willingness to assume responsibility for, as follows: 1. SR 29 - near Copeland 2. Fahka Union main weir 3. Haldeman Creek 4. Golden Gate main weir 5. North Naples Drainage Canal 6. Gordon River Basin 7. West Branch of Cocohatchee Mr. Fred HcC1oska, Water Management Advisory Board member, acting on behalf of the Chairman, pointed out that the title to the particular structures, worth in excess of $1,000,000, would be turned over, not to the Big Cypress Basin Board, but to the SWFWMD, and noted that the maintenance headquarters for the District is in Clewiston, Florida, which could present a problem in emergency situations. ... , , August 21, 1978 Mr. Vidzes suggested that, in the event all of the structures are to be ~ntrusted to the Basin Board, the matter would have to be further considered by the District with regard to adopting a budget of sufficient size to carry out the additional responsibility. A further consideration would be whether or not the responsibility could be assumed without the Basin District having en ownership interest in the structures, noting that this is a legal problem. Mr. Vidzes estimated that to set up the program, purchase equipment an employ the nec~ssary personnel to maintain all of the County's structu would cost between $100,000 and $125,000 in the first year. Mr. Borzon suggested that, in his opinion, the expenditure of that much money would not be necessary, suggesting that possibly the estimate would be more like $30,000 to $35,000 for the first year. Along this line, the matter of contracting for the service was discussed with Mr. Berzon agreeing that this approach is a possibility which could mean a savings. Mr. McCloska noted that the Board is discussing approximately 20 structures and pointad out that there are three additional structurE "in the mill" p1ub Lhe Lely Canal structure which wlll result in an increase in maintenance activities. Further, said Mr. McCloska, the WMAB was unan.l.mous in their decision that one organization be responsible for all of the structures and the final vote was that if the County Att0rney states that these structures could be transferred over to the Rig Cypress Board, that woulrl be the recommendation to be brought to the Board, He noted that concern was expressed for an operation that would be the least costly to the County. Mr. William Walters, WMAB and Big Cypress Basin Board member, stated that he views the proposal as a means of getting maintenance work done on the weirs, noting that they are new now and do not require a lot of maintenance but to keep them in good condition preventive maint~nance is necessary. He expressed the opinion that MCtC 043~:: 07 ~(lC~ 04.3 PI.:': 08 August 21, 1978 the cost estimate by Mr. Vidzes is high and probably can be trimmed, noting that he can see no reason why the Basin cannot do the maintenance work on the structures as cheaply as the County. When asked for his opinion regarding the Basin Board taking over the maintenance of all of the weirs, Mr, Walters expressed agree- ment with the proposal noting that the Baain Board not only can but should be given the responsibility. He commented that the Basin Board only voted on the seven aforementioned weirs but his vote would be "Yes" for the Basin Board to take on the maintenance of all of them. During the discussion which followed, County Attorney Pickworth ~tntcd that his initial research into the possibility of transferring ownership of the weirs to the District has resulted in his opinion thllt the County cannot do so and that he would counsel against it. Ile said that whether or not the County can accomplish what it wants to llccomplish legally without turning over the facilities is one questio however, that raises a problem for the Basin Board regarding expenditur~ of the Basin funds on structures to which they do not have title. Prom the county's standpoint, said Mr. Pickworth, the County can enter into an inter-local agreement with the District or the Basin to accomplish the purpose and there would be a legal vehicle for doing that. Anything short of turning over title, said Mr. Pickworth, would pose no problem. Chairman Pistor observed that before any action can be taken on the proposal the legal opinion must be clearly straightenerl out so that the Board can act in good faith. Mr. Berzon added that a further matter is for the appropriate changes to be made in the pertinent budgets. . . ~ August 21, 1978 It was the consensus of the Board that the answers to both concerns. legal and financial, as well as the determination of the feasibility of the proposal, be further addressed during the Regular Meeting of the Board August 29, 1978. * * * * RECESS: 11:00 A.M. until 11:20 A.M. * . * * COMMENTS REGARDING BUDGET BY CIIAIRMAN PISTOR Chairman Pis tor explained that there will be no action taken on voting on the public hearing dates regarding the Budget for FY 78-79 during the Regular Session of August 22, 1978 due to the fact that all of the changes that the Commissioners have asked for have not been made as yet. After the changes have been made, said the Chairma the budget will be reprinted and millage calculated, noting that at the present time it appears that there will be a reduction in the millage for the coming year; however, the approximate amount of the millage has not been determined as yet. REQUEST FOR AUTIIORIZATI0N OF LEGAL SERVICES FOR GOLDEN GATE ESTATES INTERIM ACTION PROGRAM - ACTION TO BE TAKEN DURING REGULAR SESSION OF ncc 8/22/78 Mr. William Vines, representing the Golden Gate Redevelopment Study Committee, stated that a Lequcst is being made for the Board to authorize a proposed Interim Action Program (legal research under- taken by Dean Frank Maloney, University of Florida) which will pro- vide the Committee with the appropriate background information on a legal basis for performing wurk in the remote reaches of Golden Gate Estates in order to diminish the effectiveness of the existing canal system and thereby diminishing the water loss and the environmental problems that exist, have existed, and are continuing to exist in that area. He said that it will be several years until a permanent 8(1C1( 043 I't.:: 09 ~~CK 043 ~t:: 10 August 21, 1978 comprehensiv~ redevelopment plan for Golden Gate estates is developed and can be put into effect, noting that it is the feeling that some action be taken on a temporary basis that would be helpful and wOllld not cost a "mountain of money". H~ said that a list of questions has been formulated to which the Cop~nittee would like to have legal answers. Mr. Vines further stated that this project is part of the work anti- cipated and budgeted for the current year and funding will largely come through the $25,000 matching funds that the Big Cypress Basin Board budgeted and which is in the process of being transferred to the Fiscal Officer so that he can write the checks as the billings occur. Commissioner Wenzel inquired if tht! research could be done by law students at the University. County Attorney Pickworth replied that the type of questions being addressed cannot be delegated to L1W students dlle to the magnitude of the questions and the possible exposure of the County to millions of dollars r.f liability potential. lie ildded that much of the legal work will be done by students which will be reviewed by experts who speciali~e in this area of the law and who will be able to spot areas where more work is needed, and the like. Commissioner Wenzel commented that if the funds are available he would go alo~g with the proposal. County Manager C. William Norman noted that funds are available, the bulk of which will be coming from a check in the amount of $14,000 from the Big Cypress Basin Board. The proposed contract with Dean Maloney and the scope of the legal work to be performed was discussed with Attorney Pickworth statiTl~ that the liot of questions is what is believed to be the paramount legal considerations to be looked at "going in"; however, in re- searching some of the questions, some may "drop out", and others may arise, although it is his opinion the matters have been covered in a . . r . , 1 August 21, 1978 brol'\d way. Commissioner Archer expressed concern that the work which needs to be done might exceed the $12,000 stipulated in the contract and Mr. Vines said that the contract is a time and expense base contract not to exceed $12,000. Attorney Fickworth observed that the outcome of the research will provide the information on which to base a decision on what can and cannot be done, the ultimate decision will not be made by the research team. Utility Director Irving Serzon addressed another matter related to the Study Committee and the manner in which the Committee hOB been contracting for certai!l services needed from time to time _ in this particular case engineering work. He said that the Committee hRR hppn tiRing thp firm of Black, Crow & Eidsness, Inc. for some of the functions, together with other firms; however, said Mr. Berzon, there is nothing ~n the records to indicate that the Bvard has authorized or approved the manner in which the Com- mittee has been engaging these services. He ask~d that the Board give them author.ization to conduct their business in the manner in which they have been or to give them specific direction so that there will be no question raised when the time comes for the approval of bills from these firms. Chairman Pistor commented that once the budget has been approved for a certain amount of money, it is his opinion trat such funds can be used at the discretion of the Study Committee in conjunction with Mr. Berzon as the Board's immediate representative, and not to exceed the amount approved. Mr. Berzon responded that he would have no problem with the qu~stion if that in the Board's position. Mr. Vines noted that from this point to the end of the fiscal year the matching funds from the Big Cypress Basin Board will essentially be utilized, said funds not being part of the line item in the budget, so, therefore, it might be appropriate for the Board to authorize replacement of the funds bC'CK 043 ~t.::: 11 ~C'CK 043 PI.';.: 12 August 21, 1978 in the proper position for expenditure on the agreed-upon work. Mr. Berzon brought up the matter of the use of the County helicopter in some of the activities suggesting that the Board approve such use providing there is protection with regard to liability. He explained how this vehicle can aid in some of the projects and recommended that the Board authorize the work to be done in the manner that the Study Committee sees fit and to do it under water management activities with the further recommendation that the Board authorize the use of the helicopter with the appropri- ate charges for such use, Chairman Pistor directed that Mr. Berzon prepare a memorandum covering his recommendations for presentation to the Board for a~tion on August 22, 1978 during Regular Session. CONSIDERATION OF POSSIBLE USE OF GOLDEN GATE ESTATE RESERVE FUNDS VOR REDEVELOPMENT PLANNING EXPENSES RE GOLDEN GATE - NO ACTION TAKEN County Attorney Pickworth advised the Board that it is his opinion that the possible use of the Golden Gate Estate Reserve Fund to pay for redevelopment planning expenses can be defended, adding the comment that, obviously, if the Interim Study tentatively approved had already been done, h0 could provide a much more definitive answer. He said that if you address the purpose of the Golden Gate Study and the Agreement language with ragard to the fund, it could be determined that it is broad enough to cover the proposal. When asked by Commissioner Brown for his opinion, Fiscal Officer Harold Hall replied that he can sec no r.eason why the funds could not be used to fund any activity that will contribute directly to the ultimate desired end for Golden Gate Estates; however, he said that, conceivably, over a period of years, a lot of planning could be done and that when the time comes to start making some physical changes, the money could be gone. He said that somewhere along the line there should be a guideline as to how much of the fund would be spent on . . , . . . . .l . August 21, 1978 planning and how much to spend on physically making the changes that are jesired. In other words, said Mr. Hall responding to Commissioner Wimer, there should be a "cap". Mr. Pickworth observed that there is another consideration to be looked at which has two sides - one being the Golden Gate Re- development Study and taking positive action to rectify what the County perceives to be wrong, and the other side being the protectior of the Company, which he said conerns him even more. He said that the liability potential exposure is presently existing and noted that his biggest concern is protecting the County against that. Regardin~ the intent of the Agreement with GAC, Hr. Pickworth said that when the payment from GAC was accepted, it was in return for a release from Gl\C of their obligations under the Subdivision Regulations. Commissioner Archer recalled that the funds were given by GAC in lieu of their physically redeveloping, or bringing certain roads up to standard. However, said the Commissioner, Mr. Pickworth advised that in the event of flooding or drainage problems the money could be used in accordance with the general intent of the agreements made with GAC and not to go in and "move dirt around, build roads, or put in improvements other than those specifically set up for what the money was intended to do". Commissioner Archer noted that meetings were held in Washington, D.C. with Mr. Vines attending some of them and after discussion with the FTC, a resolution was forthcoming as to what would be done with the money a~d why GAC was specifically giving the County the funds and what the obligations would be to GAC. Commissioner Wenzel moved that there be no expenditure of the subject funds during the current year in order to give the County Attorney sufficient time to further research the matter. Commissione Brown seconded the motion. There was no action taken on the motion. 8(1~ 043 Pf.~ 13 ~(lCK 043 'I.~: 1.f August 21, 1978 Commissioner Wimer noted that the impression of the people is that tht! $1,300,000 fund t.ill enable eve.cything to be built up to standards which he said will not be sufficient. He said that if it is necessary to build roads, dig out canals, and the like, the funds will be short, the only question being is by how much. The question of whether or not the income from the fund can be used was raised by several of the Commissioners, with Attorney Pickworth responding in the affirmative stating that the Board could make this decision - whether to use the income, the principle, or none of the funds. It was the consensus of the Board that no action be taken on the proposal under discussion and that Attorney Pickworth further review the matter and report back to the Board at some future date. REPORT BY FISCAL OFFICER RE METHOD OF PAYMENT TO BE USED TO ~~ET OBLIGATION OF IMMOKALEE WATER-SEWER DISTRICT - DEFERRED UNTIL RBGULAR MEETING 8/22/78 Chairman Pistor advised tho Board that the scheduled report by the Fiscal Officer regarding the method of payment which may be used to meet the obligations of the Immokalee Water/Sewer District would be presented at the Regular Meeting on August 22, 1978. POLICY REGARDING DISTRIBUTION OF UNSOLICITED ~~TERIAL IN AND ABOUT TilE COURTHOUSE COMPLEX - COUNTY ATTORNEY DIRECTED TO DRAFT PROPOSED RESOLUTION FOR PRESENTATION TO THE BCC ON 8/29/78 Chairman Pistor noted that there iH unsolicited material being left in various places around the Courthouse Complex and it has been suggested that the Board adopt a policy with regard to the matter. County Attorney Pickworth stated that, in his opinion, individuals cannot be stopped from leaving campaign literature around; however, a policy can be established to prohibit such distribution in areas where it will disrupt Courthouse activities. He said restrictions on the Board with regard to freedom of the press and speech are quite .... I... j , August 21, 1978 severe; however, with regard to distribution of advertising material there is more latitude. Mr. Pickworth stated that he would hesitate to advise the Board but he expressed the opinion that the Board should not attempt to restrict or limit the distribution of campaign-type material. Mr. Pickworth noted that in the matter of the "Public Trust" publication, and the like, the Board should restrict the activites of employees from aiding distribution of this material because it is his opinion that such material is libelous on its face _ demon- strably so, and could subject the County or its employees to liability. Commissioner Archer moved, seconded by Commissioner Brown and carried 5/0, that the County Attorney be directed to draft a policy statement or resolution to prohibit the type of solicitation under discussion in the Courthouse, and that the draft be brought back to the Board for consideration August 29, 1978. * '" '" '" RECESS: 12:05 P.M. until 1:50 P.M. '" '" * '" WAYS AND MEANS OF FINANCING FIRE FIGHTING EQUIPMENT FOR THE ISLES OF CAPRI FIRE CONTROL SUBDISTRICT ADVISORY BOARD - RECOMMENDATIONS TO BE PRESENTED TO THE BOARD AUGUST 29, 1978 County Manager C. William Norman noted that he has met with Mr. Joseph Podesta, memhp.r. of the Isles of Capri Fire Control Subdistrict Advisory Board and volunteer fireman, together with other members of the advisory board, and reviewed the figures received from vendors regarding fire-fighting equipment for the District. He said that among the issues discussed were financing of the equipment, whether or not sealed bids are required, and how the purchase would impact the proposed District Budget. Mr. Norman said that the quotation for the fire truck, plus the other equipment needed, is in the amount of $45,000. It was felt, said Mr. Norman, that to obtain a used truck was the less desirable approach to take BOOK 043 ~:= 15 ~~CK 043 rl.~: 16 August 21, 1978 because of the uncertainty of the quality of the unit in terms of running ability and contir.~ing to provide first-line service. Lengthy discussion followed with regard to the possibilities of obtaining equipment for the District, the legal status of the District, and tho like. It was noted that the Isles of Capri Fire District is a subdistrict of Fire District Number 1 with Fiscal Officer Harold Hall noting that the District could be set up as an MSTU under existing legislation in the manner that other MST districts have been set up. This approach, said Mr. Hall, would not require a referendum vote; however, he added that if there was to be a long-term financing arrangement for the purchase of e~uipment by ad valorem taxes, there would have to be a re- ferendum. Mr. Podesta inquired if the payments due to Fire District Number can be deferred with Mr. Hall responding in the affirmative, adding that it can be done with Board approval. Mr. Podesta explained that by deferring this payment of $6,076 for 1978 and, also, for 1979, thi~ would provide $12,152; this amount plus the $7,500 budgeted for a used truck and equipment for this year plus the same amount for the next fiscal year, ann adding the contingency and maintenance funds for the next two years, would provide $33,199 for the purchase of the vehicle, leaving a balance due of $12,319. He suggested that this balance possibly could be obtained from Fire District Number I and the total amount paid off within three years, He said that the Isles of Capri Fire District could "live" with that budget. Mr. Hall stated that the District would be back "in the same box" with regard to long-term payments. Mr. Hall explained that funds can be borrowed for two years only i there are validated bonds and borrowing with bond anticipation notes awaiting the receipt of bond proceeds. Further, said Mr. Hall, funds are not borrowed on tax anticipation beyond that taxable year - - .. .. J t August 21, 1978 that the Commissioners can take action to levy complete taxes to repay the loan. Mr. lIa11 explained the possibility of purchasing a vehicle under a lease-purchase arrangement whereby the seller retains title until the contractual arrangement has been completed. Another possibility suggested by Commissioner Wen~el would be to hold II refcI'eadum to raise the necessary millage which he said might be the simplest approach to the problem. Following additional brief discussion, it was the consensus of the Board that Mr. Podesta meet with Mr. Norman and prepare proposals and recommendations for review by the Board during the Regular Session to be held August 29, 1978. PROPOSED XEROX POLICY AND PROCEDURES - TENTATIVELY APPROVED; FORMAL DOARD ACTION TO BE TAKEN 8/22/78 County Manager Norman noted that the proposed policy regarding Xerox procedures came about during the discussion by the Board of the recommendation for 1I Xerox machine on the first floor which is badly needed. The question came up, said Mr. Norman, because of the difficulties most departments are experiencing over equipment failures, as to whether or not the lease-purchase program for these machines should be continued. After meeting with the Purchasing Director and the representative from the Xerox Corporation, Mr. Norman said that he has two very important matters which he did not have when the previous discussion took place, as follows: 1. A commitment from Xerox that, if at any time during the period of the lease-purchase agreement, which is a seven-year contract, the County is not satisfied with the quality of the machine and the service, Xerox will replace the machine with a new or rebuilt machine. 2. A proposal by Purchasing Director Frank Wilcox to take over and control very closely the maintenance of all Xerox equipment as well as the cost accounting for the equipment and centralize not only the record-keeping of maintenance problems being experienced, but also the training of personnel. b~O~ 043 PI.:: 17 ~~c~ 043 p~:: 18 August 21, 1978 Mr. Norman said that the policy formulated will be presented at the Regular Session on August 22, 1978 for adoption if the Board approves. He said that it is being presented to the Board for formal adoption because it entails activities of County departments which are beyond his jurisdiction, noting that it will extend to constitutional officers, and who will all have to cooperate if the plan is going to work. Chairman Pistor commented that he has seen members of the press and others running copies through the machine and inquired how the proposed policy will stop those activities. Mr. Wilcox explained how the policy will be implemented, including the use of the auditrons, and observed that the policy will save the County money and will ?revent a lot of downtime which means more efficient use of personnel, It was the consensus of the Board that the proposed policy be tentatively approved with official action to be taken August 22, 1978. Mr. Lemuel I. Smith, IBM representative - addressing the Board as a taxpayer, inquired as to why the County has not considered going into an offset-press operation, noting that the County is running the biggest business in the County. Mr. Wilcox replied that there has been a survey made in this regard and it was determined that it would not be feasible - it is cheaper to use copiers than to establish another department due to the fact that most of the copy work is for small numbers of copies - 20 copies or less. Mr. Smith further inquired if the County has considered a different v~ndor, or additional vendors. He said that most government complexes in the southern portion of the State have more than one vendor - each one serving a different purpose or reason, depending on the machine's use and location. Mr. Wilcox recalled that a study was done some years ago, reviewing different machines such as IBM, Kodak, Xerox, and the like, and the decision was made to "go with Xerox" for a variety of reasons. Commissioner Wenzel - - AI. a .i_ .J August 21, 1978 observed that the system used by the County allows for flexibility in that the bidding process is used to obtain the best pricas, most efficient methods, and the like. Chairman Pistor expressed appreciation to Mr. Smith for his comments, suggesting that he confer with Mr. Wilcox if he has further suggestions for reducing the probls~s being experienced. SOUTHWEST FLORIDA MEN'fAJ. HEALTH BOARD, INC. PLAN FOR THE DISTRICT _ TENTATIVELY APPROVED; FORMAL AC~ION TO BE TAREN 8/22/78 Following brief discussion, Commissioner Brown moved, seconded by Commissioner Wenzel and carried 5/0, that the Southwest Florida Mental Health Board, Inc. Plan for the District be tentatively approved, official action to be taken August 22, 1978 in Regular Sesflion. FURTHER REVIEW OF UTILITIES DIVISION BUDGET FY 78-79 - BUDGET TENTATIVELY APPROVED Utility Director Irving Berzon recalled that sevAral of the smaller divisions of the Utility Department Budget for FY 78-79 have not been discussed in detail during previous reviews, sug- gesting that the Eoard go over the figures presented to determine if they are acceptable. The latest printout sheets for the budget were discussed and the changes which were previously suggested with regard to engineering fees, engineering services regarding water management, and the like. Mr. Berzon noted that the bottom line figure for the budget is $1,478,787 with Commissioner Archer advising that that is the figure tentatively approved and which the Board will go to the public hearing with on the FY 78-79 Budget. Commissioner Archer questioned whether or not a night hearing is required since it is projected that there will be no increase in the millage with County Attorney Pickworth stating that, in his opinion, it is required. " " " " The meeting was adjourned by order of the Chair - Time 3:05 P.M. " " " " ~QD~ 043 Pot:: 19