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BCC Minutes 01/13/1987 R - - - Naples, Florida, January 13, 1987 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created accoråing to law and having conducted business herein, met on this date at 9:00 A.M. i' REGULAR SESSION in Building "F" of the Courthouse Complex, East Naples, Florida, with the following members present: CHAIRMAN: Max A. Hasse, Jr. VICE-CHAIRMAN: Arnold Lee Glass John A. Pistor Burt L. Saunders Anne Goodnight A~SO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance Director; Maureen'Kenyon and Beverly Kueter, (1:00 P.M.), Deputy Clerks; Donald B. Lusk, County Manager; Neil Dorrill, Assistant County Manager; Ken Cuyler, County Attorney; Bruce Anderson, Assistant County Attorney; Tom Crandall, Utilities Administrator; George Archibald, Public Works Administrator; Kevin O'Donnell, Public Services Administrator; David Pettrow, Community Development Administrator; Ann McKim, Planning/Zoning Director; Leo Ochs, Administrative Services Administrator; Nancy Israelson, Administra~ive Assistant to the Board; and Deputy Chief Ray Barnett, Sheriff's Department, Page 1 m~ 1CD r~(,[544 - - .. January l3, 1987 'rape '1 Item U AGENDA - APPROVED WITH CHANGES C~mmissioner Glass moved, seconded by Commissioner Saunders and carried unanimously, that the agenda be approved with the following changes: 1. Item l2C Added - re discussion of budget liaison. 2. Item 9F2 Added - re discussion of workshop schedule. 3. Item 9B2 Deleted - (e road impact fee payment agreements. 4. Item 9El Continued for one week - multi-user computer system. 5. Item laC Added - Effluent Pond Lease agreement with Lely. 6. Item laD Added - Special Act for Water/Sewer District or Independent Utility Authority. 7. Item lOE Added - Proposed legislation repealing Chapter 57-1242 and Chapter 67-1236, Laws of Florida. Item HA&B ,,," MINUTES OF DECEMBER 9 AND 16, 1986, BCC REGULAR MEETINGS - APPROVED Commissioner Glass moved, seconded by Commissioner Saunders and carried unanimously, that the minutes of December 9 and December 16, 1986, be approved as presented. Items '6D1,2,& 3 PETITIONS ~'86-7C, DRI-86-1C, AND ZO-86-19C - CONTINUED Commissioner Saunders moved, s~conded by Commissioner Glass and carried unanimously, that Petitions R-86-7C and DRI-86-1C, Twelve Lakes, be continued to February 10, 1987, and Petition ZO-86-19C be continued indefinitely. Item '7B1 RESOLUTION 87-10 RE PETITION PU-86-18C, WILSON, MILLER, DARTON, SOLL & PEE:!':, INC., REQUESTING PROVISIONAL USE "E" FOR EXPANSION OF DAVID LAWRENCE MENTAL HEALTH CENTER - ADOPTED SUBJECT TO STIPULATIONS Page 2 &COK 100 r~··.\ 550 _....---""'.."~,.,- ~OOK 100 W,! 551 January 13, 1987 Planning/Zoning Dircctor McKim stated that this is a requcst for a provisional use to allow for the expansion of the existing David Lawrence Mental Health Center. She strted that lands to the north are zoned Estates; lands adjacent to the ea are zoned Estates with a provisional use for a church; lands immediately to the south, across Golden Gate parkway, are zoned Estates; and lands adjacent to the west are zoned Estates with a provisional use for the existing Mental Health Center. She stated that the provisional use for the David Lawrence Mental Health Center was approved in 1977 for all of Tract 43 and on August 27, 1985, the Board approved expansion of this facility onto the west half of Tract 50. She noted that the petitioner is pro- posing to expand onto the east half of Tract 50, and will include an additional parking lot, drivcway and building addition. She stated that vehicles using the driveway/parking facility will produce some noise and headlight glare.and to mitigate possible impacts, staff recommends the required setback areas remain in existing native vege- tation to act as a visual and noise buffer except for what has to be removed in the future to accommodate road/turn lane improvements on Golden Gate Parkway. She stated that given the minor nature of the proposed expansion, Staff is of the opinion that the requested use is compatiblc with adjacent properties, adding that this use is also in compliance with the Comprehensive Plan. She indicated that Staff and all appropriate agencies reviewed this petition and have no objection to its approval subject to the 3tipulations contained in the Executive Page 3 - - - - - .. January 13, 1987 Summary dated January 13, 1987. She stated that the stipulations are the standard EAC stipulations with a couple additional stipulations addressing mitigation measures for the . ~moval of trecs without a trec clearing permit; the WM^B standard recom....mdations; a stipulation indicating that a limited number of access points will be approved to what is existing now; the typical stipulation for artcrial level street lighting at the entrance; final approval for the septic and dl'"ainfie1d will be l'"equil'"ed by the Environmental Health Depal'"tmcnt; and final site plan will be required at the time of approval of the building permit. She ~ndicated that the cepe held their public hearing and recommended approval subject to the stipulations, and with one additional stipulation that ~o building additions or expansions other than what i~,Bhown on the site plan be permitted, which causes the need to delete the last sentence in Stipulation "pH. She stated that two people spoke against the petition at the CCPC hearing and one person representing the Golden Gate Taxpayers Association stated the concerns regarding the effect upon roads in the surrounding area, the effect upon drinking water in the area, the personal and property safety, and the effect upon the property values in the area. She noted that three people spoke in favor of the petition stating that the use is needed; the proposed location is the logical place for the expansion to occur; and the sewage disposal system is adequate and safe. She reported that no correspondence has been received, but during the CCPC hearing, the Chai,man received one telephone call m~ 100 F~'.! 552 Page 4 aoù~ 100 ¡-:,r.; 553 January 13, 1987 against the petition. She concluded b'/ stating that Staff recommends approval of this petition subject to tl. CCPC's recommendations. In answer to Commissioner Hasse, Mrs. McKim ztated that a portion of the site was cleared without"a land clearing permit which happened quite a few months ago, addin~ that the NRMD and EAC required the suggestcd mitigation mcasures of Item "f" and Item "g" in the stipula- tions bccause of this clearing. She stated that NRMD feels that in this case, the land clearing was accidental and they are willing to replant the area, which seems to be the best way to resolve this problem. Planning/Zoning Director McKim stated that the original provi- sional use has an existing administration building, an adult residen- tial treatment center and counseling center, adding that the second provisional use was approved for an adolescent residential center which consisted of three buildings. She stated that the provisional .> . use that is being requested will include the proposed addition to the adolescent residential centcr as well as additional parking. In answer to Commissioner Hasse, Mrs. McKim indicated that the property to the east of the David Lawrence Center is a recent purchase. Commissioner Saunders questioned why three members of the CCPC were opposed to the project? ::rs. McKim stated that it was due to the concerns of the residents in the area. Commissioner Hasse stated that he has received telephone calls Page 5 - - .. January 13, 1987 from at least lO different people in opposition to this petition. Commissioner Saunders stated that there was concern of the neigh- bors regarding security and there was a discussion regarding the possibility of fencing and questioned if this has been incorporated into this petition, to which Mrs. McKir. stated that she has not spoken with the petitioner on this matter, but there has been concern of the residents regarding safety and the possibility of the residents of the Mental Health Facility leaving that compound. She stated that this was discussed at the Planning Commission but not a part of their recommen- dation, adding that a fence could provide some relief regarding the concerns of the resiùents. Mr. Ron Meserve, Executive Director of the David Lawrence Mental Health Center, stated that he is requesting approval for this provi- , " sional use, which includes the expansion of th~ parking lot and an on- site access road for Banyon Pavilion which is the residential treatment center for chemically dependent adolescents. He stated that the site plan also anticipates the eventual expansion of the Banyon Pavilion facility. He stated that the Board of Directors set the policies that guide the operation of the center and these people represent the interest of all citizens of the County by advocating for the development of programs, services, and facilities which will better meet the mental health needs of the entire community. He stated that this center is well managed with high quality programs and are monitored, reviewed, licensed and audited by various authorities, Page 6 ~(¡O~ 100 r~·.t 554. --- ~COK lOD r~('L 555 January 13, 1987 adding that recently the center and programs were audited by the Department of lIealth and Rehabilitative Services. He stated that in their report, it was stated that the E~ker Act programs, the emergency services program and the case managemeL' program are the best that have been reviewcd anywhere in the State and the Center's program is being used as a model for the development of advanced licensure stan- dards for similar programs state-wide. He stated that some residents feel that thcre is a security risk, adding that people that live near the County jail, the hospital, or the research and counseling center might have some of th~ same concerns. He stated that no matter where these facilities are located, some people will always have concerns. He noted that the David Lawrence Center and the Board must be con- cerned about meeting the mental health needs of the entire community. He stated that he feels that the location of this facility represents .. - a nearly ideal setting based on the need to provide a setting that provides dignity for those that are served and based on the commitment to develop services and facilities whiçh will be appropriately accessible to the community. lie stated that thcy have an effective relationship with all law enforcement personnel in the area so that if staff fcels that additional assistance may bc nceded in thc best interest of the patient, the staff or the community, officers are called and many times no additional help is required, but the availa- bility of this added assistance is an indication of the commitment of the Mcntal Health Centcr ana the Law Enforcement Agencies to provide Page 7 - - .. - - .. January l3, 1987 the necessary service and community protection. He stated Lhat the David Lawrence Center is a designated eceiving facility under the Baker Act and pursuant to this statute, law enforcement officers and oth¿rs are required to bring persons to the center for evaluation and/or appropriate treatment if, in the opinion of that officer, the individual is mentally ill to the point that he or she needs treatment which is why law enforcement officers come to the Center on a regular basis. He stated that the Center is not for the criminally insane, adding that they arc prohibited by law from admitting residents at the center that have felony or criminal charges for any physically violent act and the Center cannot and will not retain anyone in the units who cannot be effectively securcd and treated. . " He stated that it has been said that the s~ptic tanks at the Center are polluting the drinking wells of persons that live in the vicinity, adding that the Board of Directors of the Center and Foundation have been ~ssured that there is no evidence that this is true and according to the experts, the Center is in compliance with all applicable regulations and standards and the septic tanks are located ¿ar enough awñy from the nearest drinking well to prevent the effluent from the septic tanks of having any adverse effects on these drinking wells. He stated that he intends to connect to a public sewer system as soon as onc is within reasonable proximity to permit such a connection. He noted that they are committed to being respon- sible stewards of the resources that are. entrusted to them, adding ~(¡O~ 100 mL 556 Page 8 "..."...i"~""'''''''''''''~___''''_;''''_'___"___'''''''''"''-"'''''''''''.., #""...h"O".~'.,.....,,~·..'~·_'·~·""""'_"·' - - .. January 13, 1987 there is currently one fire hydrant on site and there will be a second one when the expansion is made. lie stated that the combination of the pump and the swimming pool provide the water. lie stated that the pump is diesel operated and it is self-starting. Commissioner Hasse stated that thib "3cility has been added to a few times and the people are concerned with a constant expansion and erosion of the surrounding residential area. He questioned if there is a way to establish that this is the limit of the expansion of this facility in that area? Mr. Meserve stated that once this expansion is done on the last 2.3 acres, which makes the 10 acre parcel that the Center owns, then there will be no opportunity for additional expansion on that 10 acres. He stated thdt he has made the needs of the community very . " clear and the commitment of the Center and eventually, they will have to expand to various parts of the community as the need requires it. He stated that in the existing vicinity there are no plans for any further expansion. Commissioner Hasse stated that there is an acre and a quarter beside the 10 acres and questioned what would stop the Center from purchasing that property and further expanding, to which Mr. Meserve stated that he could not commit the Board of Directors to anything, adding that at this point, there are no plans for the purchase of that property. Commissioner Glass questioned if the Staff stipulations have been aOD~ 100 P~S[ 558 Page lO v ......, '. ~COl; 100 w.: 559 January 13, 1987 reviewed, to which Mr. Meserve replied affirmatively. Commissioner Glass referred to Stipulation Hr" of the Executive Summary and Mr. Meserve indicated that to his understanding that is not the current requirement, adding that the recommendation is that no facilities are dev~loped other than those that are classified on the site plan. Planning/Zoning Director McKim sta~~d that the recommendation in the staff report was deleted prior to t¡·, Planning Commission meeting by staff, and it was issued in error. Commissioner Glass stated that the people have becn worried about the septic system and he wants to address the question directly, stating thðt should any adverse impact upon potable water wells in the vicinity of the facility b~ validated by an independent authority as caused by the septic systems of David Lawrence, he would like to have David Lawrence held responsible for providing an acceptable alter- .. . native water source including public water supply at the cost·of David Lawrence, if deemed required by this Board. He questioned if Mr. Meserve would be willing to accept this as a stipulation, to which Mr. Reynolds of Wilson, Miller, Barton, SoIl' & Peek, Inc., stated that he would suggest that Mr. Barton address this concern when he arrives, adding that it is documented that there is no problem with the septic system and they are :n compliance with all regulations and there should not be any problems; In answer to Commissioner Hasse, County Attorney Cuyler stated Page 11 - - .. ","."""~'__".",_"-" I..·.. _ 'I''''T_'_''''''''_'''";'''_'''";''''~''_'''_''_"~''''>''''''''''''''''''''''~'''__''__ - - .. January 13, 1987 that if Stipulation "r" is placed on the petitioner, they would not be allowed to expand any of their existing buildings or have any other type of expansion with regard to struct'lres on the provisional use property. Commissioner Pistor questioned how the children for the child care center are selected, to which Mr. Meserve stated that this is a volun- tary program and there is a waiting list primarily because persons who are in the program are so delighted with it. He stated that the program is accessible for ftnyone who chooses to apply, adding that this program also off~rs parent education classes and training. He stated that there is also an observation room wherc the parents can come in and watch the child in the classroom environment as well as having certified,teachers who work with the parents and help them better deal with their children. The following people spoke against this provisional use citing the effect upon their property values; the lack of security at the Center; the problems that could be created with the residential wells; per- sonal and property safety problems: the increased traffic; the increase i~ law enforcement that would be required; the wrong environ- ment for pre-school children to be in; the wrong location for such a facility; and the need for a package treatment plant for this [acili- ty: Dorothy Johnson, resident of Golden Gate, presented a lis~ of residents opposed to this provisional use. Betty Cottongim, resident OJ Golden Gate George Keller, President of Collier Gounty Civic Federation Tape '3 ~CQ~ 10D rv,! 560 Page l2 aOOK 100 r~'.: 5ß1 January l3, 1987 Virgil Cottongim, resident of Golden Gate Edward Salem, resident of Golden Gate Dawn Purse, resident of Golden Gate Saskia Jenkins, resident of Golden Gate Joe Grimm, representing the Golden Gate Area Taxpayers Association Richard Braun, President of Golden Gate Area Taxpayers Association ***** Recess: 10:30 A.M. -'Reconvened: 10:40 A.M. ***.* Tape , 4 The following people spoke in favor f the provisional use indi- cating the need for the expansion; the need in the community for the numerous programs and services that are offered at the Center; the fact that the Center was existing before the people moved into that area; the fact that there is no indication according to the Property Appraiscr that the propcrties in the area are decreasing in value; no danger to residents of thc area; and the need for a pre-school learning center to be able to make children healthy, both physically and mentally, while they are young to avoid problems as they get older: Philip M. Francoeur, Director of Foundation for Mental Health John Forsyth, Director of Foundation for Mental He&lth Fred Voss, President of Board of Directors of David Lawrence Mental Health Center John Sturgis, resident of Naples Mr. Bill Barton of Wilson, Miller,.Barton, Soll & Peek, Inc., stated that he is the engineer and plllnner for this project. lie stated that with rcgûrós to the septic tank sewagc disposal on this project, the State law indicates that any facility that is going to generate more than 5,000 gallons per day of sewage is precluded from utilizing septic tanks as a means of disposal without first appearing Page 13 - - - .~~---;_.....,...,,~" - - .. January 13, 1987 before the State Board of Health and showing that use of the septic tank systcm is feasiblc for thc project in qucstion. He stated that it has becn analyz~d that a~ David Lawrence begins to grow, the 5,000 gallons pcr day would b~ exceeded, adding that there is also another restriction that states that the facili~y cannot generate grcatcr than 1,500 gallons per acre per day. He stal d that if it does exceed that quantity then it cannot seek a variance from the State Board of Health for septic tank disposal, adding that he went to Orlando and met with the State Board of Health to seek the variance and was granted a variance to utilize septic tanks on this project. He stated that one of the criteria that allowp.d the variance to occur was that 1,500 gallons pcr acre per Jay would not occur. He indicated that the engi- neering estimate' of this project during various phases and at build- out will generate approximately 1,200 gallons of sewage per d~y and the actual usage as measured by water consumption in the water meter is ranging in the area of 80% of the engineering estimate, so actual usage on the site has been less than the estimate and he would expect that trend to continue at build-out. He stated that the project will probably produce approximately 1,000 gallons per acre per day at build-out which is ab?ut 65-70% of the allowable by State law. He stated that with regard to the septic tank disposal system, State law requires that a septic tank cannot have a closer ryroximity than 75 feet from the nearest private potable well' and in this particular facility the closcst septic tank to an off-site well is approximately mx 100 nr.r 5ß2 Page 14 o_"'>.,,__",.~"_"""'""'_..___.,'--=~ ,It '.', 1. . " " " ~m lOD r~r.! 5ß3 ~ . & ~ . . '. January 13, 1987 200 feet and there arc no wells on-site that are used [or potable water, adding that this distance is about 2-1/2 timcs what is required by State law. lie noted that a properl.... operating septic tank system is a very good means of sewage treatmel.' and one can generally expect 60-70% rcmoval of cel1uable solids and constituents from this type of a system before it gets to the drainfield. He stated that the addi- tional treatment that occurs is in the drainfield and the surrounding soils that accept the treated effluent, adding that with a standard extended aeration package sewage plant, 90-95% removal range would be expected. He noted that a package plant will remove a higher degree but a septic tank is a very viable means of treatment for domestic sewage. He noted that there has been talk about the potable water that serves the David Lawrence Center, adding that State law demanùs significantly higher stan~ards for a public water supply or source than it does for private watcr source. He stated thatJthe Ccnter is classified by the State of Florida as a public facility and the water quality that is allowed to be used in that kind of facility has a higher standard and degree than that in a~private system. He stated that when David Lawrence first became a reality, there was an on-site well and the water was tested and it was found that the dissolved solids were too high to meet the public water drinking standards and consequently, at that time, signs were posted throughout the facility at all the taps that said that the water in the tap was not potable and bottle water was provided. He stated that this occurred before " , ' '~ '- , , ~\ I, Page 15 (J ..r - - .. ~ , "'~III>-.'---,-.-,.,-,-.".....,--> ~"'----",_.~---"=-,,.,", ecc~ 10D r~(,: 565 January l3, 1987 on-site sewage treatment plant permit was denied which is not true, adding that he communicated with the FDER as to the desirability and fcasibility of an on-site sewage treatment plant on this location and FDER preferred not to put one there ~nd wrote a letter stating that. He stated that he is convinced, howev~r, that in the event it was found that pollution was occurring in ¡is monitor well and he went back to FDER, they would be allowed to put a sewage treatment facility on the site but continue to use a drainfield system that is similar to what is on the site at the present time. Tapo '5 Mr. Barton stated that he lives three blocks from the Naples Community Hospital w~ich has a 20-bed psychiatric unit, and he has no problems and never has had a problem. He stated that with regards to comments made about children on drugs and alcohol that go through these programs and do not come out cured, this is inaccurate as th0se children that enter those programs voluntarily have a ~uccess rate of about 60-70%. He noted that the percentage of runaways from voluntary entry programs is only about 5% and they leave the neighborhood as fast as possible. Commissioner Saunders stated that people have said that this faci- lity creates a heavy burden on the taxpayers in the sense that there is added police protection, but if this type of facility was not available and there were people that needed this facility, there would still be the same demands on the taxpayers or greater. He noted that Page l7 - - .. _.""-.u"~-;"'''''_'",,,'_'''''_._~'' .~,-.. -"'____"""".g-___"c,·..""..","j...,,_·>,__...........,.*""",>'_~_....·>.,., - - - January 13, 1907 the major issue is that this facility is needed and it has to be somewhere, adding that as long as the facility is existing and an expansion is need~d, the existing location is the appropriate place for it. Deputy Chief Barnett, Sheriff's DP: 'rtment, stated that they took a position that this facility is needed an¿ the police rcports that sho~ the times that somcone from the Sheriff's Department has gone to the facility is simply to assist, adding that there has been no indi- cation that the David Lawrcnce .Mental Health Center has held any violent criminally insanc people at the facility. He stated that they are prohibited by law to do this, noting that the Sheriff's Department has taken people there for treatment but remain with those people . " while they are ther~. He stated that prior to. this facility being there, the patients had to be transported to Lee County or to private institutions which involved deputies being on the road transporting the patients. He stated that the Sheriff's Departmen~ encourages the Mental Health Center to call them prior to anything getting out of hand. He indicated that when they are called, they mostly stand by while a patient is being treated that may have threateQed to do something. He stateú that as far as escaping, it is difficult to escape from a place that you are not locked into to begin with, adding that people leave the facility and the She~iff's Department is notified when these people leave the facility. He stated that the people that are brought into this faciliry come from thi~ community, ðGOX 100 r:'.! 5GB Page l8 ~c_...,...·..,,,,"··~,,·" ....o,..________··...,"''''"'';.~,·_·",,·~·.._·"··,-''''''''''__'''···_,'~_~'" ~co~ 100 r~r,~. 5G7 January 13, 1987 and they still encourage the Mental Health Center to call them as a preventative measure. Commissioner Goodnight stated that ~he has reviewed this matter and what is being asked is for a buildL J addition and a parking lot. She stated th~t the building that is going to be built will have to rely on the other buildings that exist for support and this is only going to have 24 beds in it, She stated that she can understand some of the thoughts of the people that live in the neighborhood, but this facility is needed. Commissioner Glos3 stated that he feels Mr. Barton's suggestion of the te:>t wells is a possible solution and he would like to recommend that several test wells be placed around the property and that they be tested quarterly on a minimum basis and prior to granting any building addition permits, an in-depth analysis be done from the data collected from the test wells to determine if any problem is devo£oping or exists and if there is such a problem, a central sewer or package plant be required. He stated that this would be based on: 1) if the test wells indicate a problem that is developing prior to any con- sideration or construction; 2) if the analysis of the data indicates a problem will exist with the additional building and sewer capacity requirements. Commissioner Hasse questioned the time scheduling, to ~hich Commissioner Glass stated that the test wells would have to be installed immediately, and ther" should be 6 months of indications of Page 19 - _. - - ..... -- January l3, 1907 current data to find out if there is a problem existing or developing. Commissioner Hasse questioned if this would apply to the parking area as well, to which Commissioner Glass stated that the parking area does not impact on the water systcm cxccpt for the watcr management, but the additional building mayor may not impact, but the test wells will provide that data. Commissioner Glass moved, seconded 1 commissioner Saunders and carried unanim~usly, that Resolution 87-10 re Petition PU-86-18C, Foundation of Mental Health, Inc. be adopted subject to the stipula- tions ot CCPC a~d that there be monitoring wells placed around the property appropriately and tested for 6 months; no building permit for additional buildings until there is an analysis of those test wells; . ,. it required, no permit will be issued it the test wells indicate that a central sewer or package plant is necessary; and if test wells indi- cate a problem prior to building, then appropriate action be taken to alleviate the situation either through oentral sewer or a package plant. Page 20 ~oox 100 r~",t 568 .-.~"''''''''"'-''''''''''--~'---'''''-'~-''-''''---'---''''-''-'---"... '-"'-'~'-"--''''-'''''''-''''''~''''''-'''-''''''''-''''''-'~-'~'.''''-."., ~m 100r~r.~57.9 Ja~uary 13, 1987 Item 12A Cou~rY MANAGER ASKED TO CONSIDER RESIG~ING WITH SEVERANCE PAY AND COUNTY ATTORNEY DIRECTED TO PREPARE AM} 'DMENT TO ORD. 84-44 Attorney Edward Foreman, representing County Manager Donald Lusk, stated that he has a point of order noting that in 1984, the Board passed Ordinancc 8~-4~ which ßet out three means that a County Managcr could depart this County and those three were that he would resign with 60 day notice; that there could be a resolution placed on the agenda requiring 3/5th~ ,"ote indicating that he could be removed for cause or that a resolution could be placed on the agenda removing him without cause by a 4/5ths vote. He stated that the agenda for this date says discussion of County Manager pcr the 45 day agreement, adding that this is not one of the means or the due process that is afforded Mr. Lusk under the unanimously passed Ordinance 84-44 which is incorporated in and made a part of Mr. Lusk's employment agreement. He stated that he is suggesting that by dißcussing this matter, the procedure of the ordinance is not being followed and the ordinance is being vi~lated and he would request that if there is a resolution that it be placed on the agenda. He stated that the humi- liation of Mr. Lusk by public discussion was not one of the means that was unanimously passed as a vehicle to attempt to either secure his resignation or to dismiss him. He stated that if there is no resolu- tion, this discussion is uncalled for and in fact, is not mandated by nor is it contemplated by the unanimously passed ordinance. He stated Page n - - fIIIIIIIIIII - - .. January 13, 1987 that he would suggest that this ordinance was passed to depoliticize the process involving the County Manager and that the discussion here is violative of the ordinance, and a proc(~s is being repoliticized that was decided to be dp.politicized. He st<'cd that he has looked over Mr. Lusk's evaluations which have all been excellent or excellent plus with the exception of the present Chairman who put him in the next to the highest cat~gory in his last evaluation which occurred since the allegaticns leveled by Mrs. Mullins. He stated that he has also exa- mined the study that was done by the University of South Florida for $17,000 which indicat0s that Mr. Lusk is a fine manager. He stated that if this is discussed and the procedures of the Ordinance are not followed, this is violating the Ordinance and also opening up the Commission to S0~~ liability because Mr. Lusk's due process is being violated which was guaranteed to him in this Ordinance and which is made a part of his employment contract, both of which were approved by Commissioner Saunders at the time that he was the County Attorney. He stated that he is asking that this item be removed and that there be no discussion of this item unless there is a resolution. Commissioner Saunders stated that the point of order is well taken but it is premature, adding that he has no intention of violating any due process rights or civil rights that the Manager has and he intends to comply with the provisions of Ordinance e4-44 and the employment contract which incorporates that as part of his employment arrangement. He stated that he ,lOuld lik.e to continue on with this ~(¡CX 10D r~,·,t 5BO Page 22 am 100 P~',: 581 January 13, 1987 discussion with the permission of the Board. He stated that there has been a lot of discussion about the report from the Center for Public Affairs. Mr. For~man questioned the County Attorney as to whether he feels that Commissioner Saundcrs is subjecting himself to liability by bringing this matter b~fore the Board of County Commissioners in a matter not contemplated by Ordinance P -44 and the employment contract? County Attorney Cuyler stated that there is nothing in the Ordinance that precludes a discussion of how procedures will take place or the discussions in the Ordinance and there is no move this date to violate any of those rights or procedures. Mr. Foreman questioned what the 45 day agreement is, to which Commissioner Saunders stateG that it is really not an agreement, adding that this item was brought up on Novembcr 18, 1986, for discussion and at that time, a couple Commissioners did not want to discuss the situation involving the County Manager and"they asked for 45 days to evaluate the situation. Mr. Foreman stated that he feels ~hat the way this is written it fails to notify the public or anyone els~ as to what is being done here today, including himself and Mr. tusk. Commissioner Saunðers stated that he. understands the position of Mr. Foreman and if tile rights of Mr. Lusk are violated, then there is a remedy, but he has no intention of violating his rights and he feels that what is going to be prescnted this date is not an attcmpt to Page 23 - - .. ".. ..,.~.. .--._-",......~.." ._,_.""""'_."',..~.--"""'.""---_-......._....."'_....;~~' - - - January 13, 1907 violate anyone's rights. Mr. Foreman 3tated that his position i3 that by merely bringing it up which is not contemplated in the ordinance unless it is brought up by placing a resolution on the agenda, the ordinance has been violated and Mr. Lusk' civil rights. Commissioner Saunders stated that with regards to the report from the University of South Florida, he feels that there has been a cer- tain amount of misinformation concerning what this report says. He indicated that it has been stated that this is a report that says that the Manager is a fine manager and he does not feel that the report indicates that at all. He stated that on Page 1 of the report it indicates that there are four problem areas; heavy and uneven work . " loads; inadequate communication within and between units; limited, if not inadequate rewards/incentives for doing one's work; and managcm~nt practices which may foster lack of trust and confidence in top mana- gers, including the County Manager. He stated that this is a far cry from things that have been in the newspaper concerning the report. He referred to Page 15 of the report indicating that there have been flip-flops in the organization over very short periods of time; Page l6 refers to management being more concerned with formal hierarchy than with getting the right people together to do the job; and with the majority of people, except top management, complaining of the excessive red tape and rules. Tape #6 eODK 100 r~r.l582 Page 24 -.."....----,......--...""..,.,.., ~---"..._,_...""""",'-,--","""_.."'""'","-,,""<'"...,, LOO( 100 r~r,~ 583 January 13, 1987 Commissioner Saunders referred to 1ge l7 of the report indicating that the survey data shows that many employees agree that top manage- ment often go around the superior to get things done and only 43.7% of persons in the survey agreed that top management does an adequate job of communicating with departments; Page 29 referred to the rela- tionship between the County Manager and the Constitutional Officers, noting that the answers vóried considerably; Page 30 referred to com- munications with the Manager and the Staff which is one area that is in need of considerable repair; Page 31 referred to the decision style and personality of the County Manager, noting that it states that he is a strong willcd person and as long as everyone agrees with him, everything is fine; Page 33 of the report indicates that a large majority of employees do not feel that they are given adequate reward or recognition for doing ~ good job; Page 35 deals with the evaluation of employees, which indicates that some employees feel.>that the eva- luation form is unwioldy, the system is too rigid, the difference bet- ween ratirlgs do not discriminate adequately, and the County Managcr has made the system more difficult by placing a 50% ceiling on the number of employees eligible to receive excellent ratings. He stated that Page 36 of the report refers to the limited and uneven oppor- tunity for employees to strengthen their work skills in knowledge through training and education; Page 40-4l shows that the survey results reported in Part I indicate that there may be communication problems in Collier County government which needs to be corrected; Page 25 .,...._.",._.;"",...'.~",.....".."..<.,'''"'-~,.>.".-"-...._--"" - - - January 13, 1907 Page 43 refers to the need for improved communication of all units under the County Manager, but that the underlying problem is not as serious as the survey data may suggest, but also that this statement should not be interpreted to mean that there are no serious com- munication problems within county government; Pðge 47 deals with the question of communication with the Boa,1 which indicates that the Board should not rcceivc information frl .1 the devclopers until Staff has had an op~ortunity to present their recommendations to the Board. County Manager Lusk stated that this is a problem with the Commission and not the Manager, adding that there have been statements that indicate that peoplc do not get awarded enough and the Board is the one that sets the salaries. He stated that hi, problems are the ones that are supposeJ to be disc~ssed at this point. Commissioner Saunders stated that Page 40 indicates that the County Manager is inconsistent in going through channels and goes to whoever he wants when he needs something; Page 49 refers to the walking through of permits. Mr. Foreman stated that these remarks have been taken out of con- text, noting that on Page 48 it states that most department directors and supervisors feel the County Manager practices what he preaches, namely he does not go to their subordinates without their knowledge and approv~l. He stated that it continues with a large minority of approximately 40% expressed contrary sentiments, and among the more vocal the following statements were made, which he indicated were Page 26 MìQ~ 100 rv.~ 584 ,~""...,..,--_....,.~,,*~,- _u,,__....,,__''''_........___.~,,_,._, m~ 100 W.\ 585 January l3, 1987 taken entirely out of context. He stated that if it is necessary, he will rcad the othcr 55 pages that are favorablc to Mr. Lusk. He stated that there should be some basic fairness in reading them and not out of context. Commissioner Saunders stated that I. would suggest to the media and to the public that this report be read carefully as there are a lot of comments concerning how wonderful the repurt is and if it is rcad fairly, n(') one should come out with the impression that the report is completely favorable. He stated that his point of this whole situation is to talk about a procedure that he is going to suggest to deal with a situation involving the County Management that is untenable. He stated that on November 18, 1986, he suggested to the Board of County Commissioners that if the Manager had lost the confidence of the Board that perhaps an arrangement could be made, whereby the Manager would,resign without going through the formal pro- cedure of fOllowing Ordinance 84-44. ~. Commissioner Sa~nders moved, seconded by Commissioner Glass, that the Board ask the County Manager because of the situation that exists this date, that he consider resigninq with severance pay as provided in his contract. Mr. Foreman stated that the Board is violating their own ordi- nance, adding that a resignation is a vOluntary relinquishment with 60 days notice under his contract and under the Ordinance that was passed and by asking him to resign, he is being humiliated. He stated that Page 27 - =- - ,~,.,,,,~-._~- -',...~........,.~..-....---..,-.."......~ ... ....._-'''--".~~.- ...."',... ",.N"';""'..,""""',..·.,.,=_""_·......._~'"',"",_..""".__"'"~..~" '" - .. .. January l3, 1987 if someone wants to give a resignation, they will voluntarily do so and he is instructing Mr. Lusk to remain mute on that subject and not to answer that question. He stated that under the contract and the Ordinance that was drawn up by Commissioner Saunders as the former County Attorney, he knows that this re:"ignation has to be vOluntary and that 60 days notice has to be given Upon call tor the question, the motion carried 3/2, (Commissioners Goodnight and Pistor opposed). Commissioner Saunders stated that he is suggesting that two dif- ferent parallel courses be followed which are consistent with Ordinance 84-44, adding that he has instructed the County Attorney to prepare a resolution of intent to amend Ordinance 84-44 that will be . " presented to the Board on January 20, 1987, and he has also instructed the County Attorney to prepare a resolution of intent to dismiss the County Manager, without cause, to be considered by the Board at the earliest date possible pursuant to Ordinance 84-44. He stated that he is suggesting an amendment to the County Manager ordinance for several reasons, adding that a memo was distributed that explains the hiring and firing procedure of the County Manager. He noted that the employment contract incorporated Ordinance 84-44 as same may be amended or replaced, adding that in the event that the Board amends that ordinance, then it will be that amendment that will be part of the employment contract. He stated that the procedure contained in the ordinance is absurd in that it requires a 4/5ths vote to replace eoox 100 n'.! 586 Page 28 ..."".......,,,-..-.._-_..,._~ "-...._,-"'-_."",.--~~._"''''',"'''' "....... .-,,,~,"-""" "'<j __ III III m~ 10D r~r,! 587 January 13, 1987 thc County Manager and it only requires a 3/5ths vote to hire the County Manager. He stated that he is 'vorking on a survey of cOIJnties around the State and there is o_nly one '.her County that rcquires a super majority vote to dismiss the County Manager and that one county provides that it be brought uþ the first time and if there is not a 4/5ths vote, it can be brought up the fOllowing week and the Manager can be rcplaced on a 3/5ths vote, but the requiremcnts contained in that ordinance are cumbersome and expensive. Mr. Foreman stated that since Mr. Saundcrs prepared Ordinance 84-44, he would like to know if he pointed out to the Commission how cumbersome and bad this ordinance was and also questioned why he signed off on it if the ordinance was that bad, to which Mr. Saunders stated that it is an embarrassment to have his signature on that ordi- nance, adding that the Board, in 1984, made it clear what they wanted which is lcgally sufficient, whether it is wise or no~'is not the position of the County Attorney to determine. Mr. Foreman questioned if Mr. Saunders agrees that it takes 4/5ths of the Board to change the ordinance, to.'·which Mr. Saunders stated that he will agree that the Ordinance says it takes a 4/5ths require- ment, but there is some question as to whether that is legally binding. Mr. Forcman stated that then an ordinance may have been drawn up that was illegal, to which Comm'ssioner Saunders stated that this is a possibility. Page 29 .. .. .. -"........<"".~-~'""~,.~..._--, January l3, 1987 Commissioner Saunders stated that the other procedure that he will be looking into is to draft a resolution to dismiss the Manager for cause, which he will be doing over the next four to five wceks. He stated that if the other Commissioners feel that therc is sufficient cause to dismiss the County Manager on a 3/5ths vote pursuant to Ordinance 8~-~~, that they consult the County Attorney to be sure that any resolutions that ar0 submitted are consistent with that Ordinance. Mr. Foreman stated that since Mr. P ~nders drew up this ordinance at the time he was County Attorney, maybe he could tell everyone the guid~lines of what cause is, to which County Attorney Cuyler stated that he feels that Mr. Foreman is out of order with that question and any discussion of the legal requirements or the lcgal procedures under the Ordinance will have to come from his office unless Mr. Saunders ,.. wants to address those items. Commissioner Saunders stated that he will be relying on counsel. County Attorney Cuyler stated that when this item is brought up for discussion, he will be happy to discuss what constitutes cause. County Manager Lusk stated that he has been a professional manager for 10 years and been in government for 15 years, adding that in the last 10 years, this County has hired 3 professional managers and two of them have been fired and in the process with the third one. He stated that this Commission should take a look at whether they want professional government or some other type ~f government. He stated that the real issue is what type of government is wanted, does the Page 30 ~ODK 10D w,; 588 ·_-~'·_-'·"·"~·""'·~__"""'~,,,,___.w '-~-~-'-"''''I' r .WI ___~""'",_,,",,'<4<'¡_'_""".'''«'''_'^'- '·_""._'''''4..''~'n··'''''"·'_~'.'"'__'''''''·c_' aoox 10D P:'.I 58.9 January 13, 1987 Commission want professional management, a strong manager, or a poli- tical hack that can run errands, adding that this deci3ion needs to be made first. Item U2B COUNTY MANAGER' S ATTORNEY, ED~ARD FOREl "'N, TO SUBMIT MONTHLY DILLS OF EXPENSES INCURRED TO THIS POINT Commissioner Glass stated that the Commission approved legal fees for the County Nanager's attorney and there has been some discussion regarding billing and the Commission's ultimate responsibility. He stated that he would like to clarify this matter and what procedure will be followed with regards to the bills. He stated that the Board has guaranteed that the County Manager's attorney will be paid if there is no criminal action with regards to the State Attorney's investigation. County Manager Lusk stated that the guidelines that were origi- nally set up have been followed and those were that at the end'of the investigation, he would be reimbursed for the money he spent and that .> . investigation has not been completed Yßt. Mr. Foreman stated that he has no problem in keeping the Commission apprised on a monthly or a bi-monthly basis as to the amount that has been spent on behalf of Mr. Lusk, adding that he would have an objection at this time in giving his time sheets for the actual tasks that have úeen performed as this is not fair to Mr. Lusk. He stated that at the end of the investigation, he will provide all Page 3l .. _·"··~__,_1ItO - - .. January 13, 1987 the necessary data. He stated that to date, the bill is around $5,000. County Attorney Cuyler stated that he docs not have any problem with the actual line item description of what was done because the County is not obligated to pay until ti~ actual data is seen. He stated that it would satisfy his needs \ .th regards to monitoring this if he would g~t a monthly or six week billing. Mr. Foreman stated that he has no problem with sending in a state- ment indicating what is owed and when this investigation is completed, he will send the itemized listing along with a final bill. County Attorney Cuyler stated that this will meet his needs in reporting to the BoarJ. Commissioner'~lass stated that this would be acceptable, adding that he thinks that this matter with the state Þttorney's office will be resolved by the first week in February. ***** Recess: 12:10 P.M. - Reconvened: 1:00 P.M. at which time Deputy Clerk Kueter replaced Deputy Clerk Kenyon ***** Tape '7 Item BEl BID NO. 86-1054 AWARDED TO H. F. MASON IN THE AMOUNT OF $39,950 AND BID NO. 86-1055 j\WARDE~ TO W. W. WILLIAMS CO. IN THE AMOUNT OF $22,850 BID NO. 86-1056 TO BE PUT OUT UNDER STATE CONTRACT Legal notice having been published in the Naples Daily News on November 24, 1986 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Bid No. 86-l054 for one Articulated Grader; Bid No. 86-1055 for one 4/6 Ton Roller with Max 100 P~'.! 590 Page 32 , ',.¿ ·~-_~_~'_.__.,n",;.-",..""""~,_.,_",.~...",,,..___,,,,,,,,,". "~"''''~'~''''''''''~'''~''._,----,--~",.."<",~.."<;.,,.,.. . ....<----_._--~_._--_....- 100 w, 591 January 13, 1987 Towing Attachment; and Bid No. 86-l056 for five all purpose tractors. Public Works Administrator Archibald stated that bids were opened by the Purchasing Department on. December la, 1986 and have been reviewed by staff with the following r'commendations: 1. Bid No. 86-1054 for o~e Articul ':ed Grader be awarded to the low bidder, H. F. Mason in the amount of $39,950. 2. Bid No. 86-1055 for one 4/6 Ton Roller with Towing Attachment be awarded to the low bidder, W. W. Williams in the amount of $22,850. 3. Bid No. 86-1056 for 5 All Purpose Tractors be put out under State Contract. Mr. Archibald stated that the State Contract price is much lowcr and will result in a savings of approxima- tely $20,000 for the 5 tractors. Commissioner SAunjers moved, seconded by commissioner Pistor and carried unanimouGly, that Bid No. 86-1054 be awarded to H. F. Mason in the amount of $39,950; Did No. 86-1055 be awarded to W. W. Williams Co. in the amount of $22,850; and Bid No. 86-1056 be put out under state Contract. .#- .. Item f9B3 REPORT ON ALTERNATE ~UELING STATION LOCATIONS WITHIN THE COURTHOUSE COMPLEX - ST~FF DIRECTED TO PURSUE RETENTION LAKE SITE Public Works Administrator ^rchibalddisplayed a map of the Courthouse Complex and stated that this review 0'1 alternat~ fueling station locations is to obtain comments and staff direction in scrutinizing the alternatives. Referring to the map, Mr. Archibald described the fOllowing alter- nate locations for the gas pumps: Page 33 - - .. ~._-~_.,......,. --"""- ''',.....-."..''''''''''''-...--...-....,., - - .. January 13, 1987 1. The o.iginal site 8S established in 1984 which abuts the new addition of the Collic. County Muscum, 2. 200' northwcst of Altcrnative #l on an existing parking area. He noted there will bc an ad¿~d cost of .emoving and replacing the parking area a~ installing water and sewer. 3. Relocate the pumps immediately to the northwest of the existing location on the south side of the rctention lake. He noted that this site will need fill and maybe a retaining wall, however, it is currently equipped with water and sewer. 4. Within the northwest pa.king area, adjacent to the Church. He added again that this location has the addcd cost of removing and .eplacing the parking area and installing water and sewer. 5. North building site and installation could be coordinated with constr~ction of the Health Services Building. He stated this presents the same problems as No.4. 6. Purchase a~ditional property of 200' x 130'. He stated that this alternative would involve not only water and sewer but also construction of a road. 7. Purchase service station on U.S. 41. He stated that while everything is already existing on this alternative, the purchase price is quite expensive. County Manager Lusk stated that a letter had been received from the owner of the service station stating the property is for sale, and the purchase price is $850,000. In answer to Chai.man Hasse, Public Works Administ.atcr Archibald stated Alternative #3, while it is very close to the new warehouse, will involve costs for a survey, fill, retaining wall, and a D.E.R. permit. In answer to Commissioner Pistor, Mr. Archibald stated that the Courthouse Complex ~Iill need more water retention in the future. He noted that this is addressed in the County's Master Plan. He mx 100 p~r,[ 582 Page 34 8CCK 100 r~r,l 583' January l3, 1987 stated that staff believes it is feasiblc to fill in a portion of thc current retention lake because it can be adjusted in the future. Commissioncr Saundcrs 9tatcd that Alternative #3 has a major advantage because it does not eliminate any park'ng areas and currently has watcr and sewer service. Commissioner Saunders moved, seconded by Commissioner Glass and carried unanimously, that staff study placing tho gas pumps at Alternative '3, Retention Lake, and aðvise the Doard of County Commissioners if there are any problems. Item '9B4 RESOLUTION 87-~1 AUTHORIZING COMPLETION OF AGREEMENT FOR ECONOMIC DEVELOPMENT FUNDS -- ADOPTED Public Works Ad,ninistrator Archibald stated that in February, 1986, The Little Red Caboose Corporation, requested the Board to sub- mit a grant application, in their name, for propcrty located on U.S. 41 East for the purpose of constructing a manufacturing·facility. He stated the State of Florida Department of Commerce approved funding to Collier County for the access road and turn lanes on S.R. 41 on August 27, 1986 for thc maximum amount of $199,Q99.00. Mr. Archibald advised that the estimated cost of construction is $265,053.00, of which the developer, Larry Basik has agreed to pay the difference. Mr. Archibald stated that the State's funding approval was con- tingent upon the County entering into a signed agreement with the Florida Department of Commerce and Florida Department of Page 35 - - .. ....",._--,--.~" """;._..._'"'~-"""",",.,,,,".,..-...._,,,,,,,,"--,,,-,,,,",.,,,,,",,.,,",>_.,....,,,,",.",,,,,,,..,.,.~,"'-"-""""-"'-""'~-'""""~'"".'-'. - - .. January 13, 1987 Tran9portation, which requires the County to accept future maintenance of the access ro~d; ccrtify that the developer has securcd all necessary permits; obtain all required rights-or-way; and award a construction contract \.;0 the lowest and bcst bidder. Hc said the ori- ginal agreement has an anticipated co~ letion date of March, 1987. Mr. Archibald reported that the dev~loper has been unable to complete his permitting at this time and it is possible that they will not be complete until April, 1987, therefore requiring a change to the completion dates in the Agreement. Mr. Archibald stated the necessity to enter into an agreemcnt with the developer to define the responsibilities of the County and the Developer in fulfilling the objective and requirements stipulated in . ,- the agreement between the County and the Florida Department of Commercc. He noted that the grant funds arc tied to the dcveloper constructing a manufacturing facility. In answcr to Commissioner Glass, Mr. Archibald stated the property is located approximately 4 miles east of 95l very close to the Xrehling Concrete Plant. Commissioner Pistor stated that he knows the developer quite well and is certain that he is reliable enough to live up to all requirements. Commit.:,doner Pistor moved, seconded by Commissioner Goodnight and carried unanimously, that the acquisition of Florida Department of Commerce, Economic Development Funds be accepted; the Public Works Depa~tment be authorized to advertise fo~ bids for construction of the ~GG~ 100 P~':., 504 Page 36 '---"'-...---.__;1;",_,,,,,-.--.,- ,.-..---""-~--,._-",^<.,....""....,,,,,,~.....,._..._._,.,,,,.,,,,,,,,,,,,,>-.; ~DCÄ 100 p~':: 5D5 January 13, 1987 access road and turn lane improvements~ the future maintenance of the acoess road, subject to the stipulations that the ðeveloper be respon- sible for all costs in excess of the state grant be accepted~ no grant funds be expenðed until conditions set forth in the agreement have been met and the ðeveloper signs the agreem\~,~ with the County; and the Chairman be authorized to execute the amended agreement with the Florida Department of Commerce and Resolution 87-11 accepting the future maintenance ot the access road and the agreement between the County and the developer. .$ . Page 37 II!I - .. - - ~ January 13, 1987 Item '9Fl RESOLUTION 87-12 AUTHORIZING PAYMENT OF EMPLOYEE CHRISTMAS PARTY EXPENSES - ADOPTED Commissioner Saunders moved, seconðed by Commissioner Glass and c.arried unanimously, that Resolution :'7-12 authorizing payment of employee Christmas party be adopted. .r Page 38 BOOK 100 P~": 612 ': . .'.'""...'.....---,""'.....-. - - - January 13, 1987 Item 'lOA RESOLUTION 87-13/CWS 87-1 CANCELING ACCRUAL OF AD VALOREM & PERSONAL PROFERTY TAXES ON LELY SEWER PLANT SITE AND FACILITIES - ADOPTED Assistant County Attorney Andersoó ~ated that Resolution 87-l3/CWS 87-1 cancels taxes on the Lely Sewer site and facilities. He advised that the date of the Resolution coincides with the date of closing and should be January 14, 1987. Commissioner Saunders moved, seconded hy Commissioner Glass and carried unanimously, that Resolution 87-13/CWS 87-1 canceling accrual of ad valorem and personal property taxes on Lely Sewer Plant site and facilities be adopted. ,,," Page 39 ~cox 100 r~',! £)14 ~GQX 100 r:'.: 61.9 January 13, 1987 Item nOB RESOLUTION 87-14 ~UTHORIZING PAYMEN'r OF $15,816.67 'rO KARON, MORRISON & SAVIKAS, LTD. FOR LITIG~TION AND RELATED INSURANCE CLAIMS RE E~ST NAPLES WATER SYSTEMS, INC. - ADOPTED Assislant County Attorncy Andcrson stated that a 1905 invoice from Karon, Morrison & Savikas, Ltd. for services rendered in connection with litigation and relatcd insurance claims for the East Naplcs Watcr Systems, Inc. was never paid. Commissioner Glass moved, secondeð by Commissioner Saunders and carried unanimously, that Resolution 87-14 authorizing payment of $15,816.67 to Karon, Morrison & Bavikas, Ltð. for litigation and related insurance claims regarding East Naples Water Systems, Inc. be adopted. .to . Page 40 .. .. .. -"'_··-····'''''·~''''-"'''-,.··""..'''''',,.,··,,''''''_..1. --. ".....-,..--.... ~cc~ 100 F~'.! G21 Janu~ry 13, 1987 Item Hoc LEASE AGREEMENT WITH LELY DEVELOPMENT CORPORATION RE EFFLUENT PONDS _ APPROVED Assistant County Attorney Anderson stated that this lease agrcement with Lely Development Corpo~ation and Lely Utilities is for effluent ponds which are not laca ted c the property which the County is purchasing. He stated the lease is for a la-year period with an option to renew for an additional 10 years and the rent is paid by spraying effluent on their golf courses. He added that when the lease terminates, the County could charge Lely for the treated effluent. In answer to Commissioner Glass, Assistant County Attorney Anderson stated that the mechanisms for spraying are already in place and the County is not obligated to incur any expense. He added that if Lcly would like to relocate the effluent ponds, the lease obligates Lely to do so at their expense. Commissioner Goodnight moved, seconded by Commissioner Pistor and carried unanimously, that the Lease Agreement with Lely Development .> . Corporation regarding effluent ponds be approved. Page 41 - - - -- ..., - January 13, 1987 Item flOD SPECIAL ACT FOR WATER/SEWER DISTRICT AND SPECIAL ACT FOR INDEPENDENT WATER/SEWER UTILITY AUTHORI'rY - APPROVED Assistant County Attorney Anderson submitted a Special Act for an Independent Water/Sewer Utility Authority and a Special Act amending the Special Act which created the Coll 'r County Water/Sewer District. Commissioner Saunders stated that trlt~re has been some confusion as to whether the Attorney's office is to submit the Special Act on the Independent Water/Sewer Utility Authority to the Legislative Delegation on January 14, 1987, since the Board is not going to discuss the item until January 28, 1987. Commissioner Saunders sugges ted tha t M:-;, Anderson !1ubmi t the Speci a 1 Ac t and if the Boa rd decides to withdraw the request, it can be done at a later date. County Attorney Cuyler stated that apparently a moratorium has not been placed on these requests as previously reported. Assistant County Attorney Anderson inquired as to whether the Special Act is to state the Authority can or cannot be abolished by the Board of County Commissioners? Commissioner Saunders suggested that issue could be resolved at a later date and the Act should be submitted as it is written. Assistant County Attorney Anderson presented an amendm~nt to the Special Ac~ Creating the Collier County Wa~er/Sewer District stating that the amendment enlarges the boundaries of the District to coincide with the boundaries of the County. BDOK 100 i'~~: fJ28 Page 42 ""',. -;","'_~", ""'''''"''',' "H'.....,,,.....,,. ..~"'-...... ...~__>' _., --_._-"",...'"",.,_..~,~'.-, ~OOK 100 P¡,~~ G29 January 13, 1987 Commissioner Glass moveð, seconded by Commissioner Saunders and carried unanimously, that the Special Act regarding the Independent Water/Sewer utility Authority be submitted to the Legislative Delegation for conside~ation. Commissioner Glass moved, 'seconded ÞY commissioner Pistor and carried unanimously, that the amendment to the Special Act which created the Collior County water/Sewer District, be approved. Item flOE PROPOSED LEGISLATION REPEALING CHAPTER 57-1242 AND CHAPTER 67-1236, LAWS OF FLORIDA - APPROVED County Attorney Cuyler stated that there are a couple Special Acts, applying to Collier County, which are obsolete since they have been superseded by General Law. He said that Collier County now has ell the authority and pow~r set forth in the Special Acts. He advised thet the proposed Legislation repeals these obsolete Spècial Acts. Tape '8 Commissioner Glass moved, seconded by Commissioner Saunders and carried unanimously, that proposed legislation repealing Chapter 57-1242 and Chapter 67-1236, Laws of Florida, be submitteð to the Legislature [or consideration. .Item '9F2 WORKSHOP SCHEDULE - APPROVED Tom Olliff, Assistant to the County Manager, stated that quite a few requests have been receiveè for workshops. He stated that, for Page 43 - - - "'-""'_>_"'__'"'~"1;'"''''''''~_-,",''''__'''^___J_'.''''"'''''''"''''' \". , '.. ,',~ ' \ , I (".,;r - .. - r \; .~, r v~' ¡.,f,C· January 13, 1987 .tho convenience of everyone involved, the County Maneger's office would like to schedule workshops as far in advance as possible. Mr. Olliff presented a schedule for the period January 26, 1987 to Februery 17, 1987 for consideration. Commissioner Glass ~oved, seconded by Commissioner Saunders and carried unanimously, that the workshop 'chedule for the period January 26, 1987 to February 17, 1987 be approv~J. Item fl2D BUDGET AMENDMENTS 87-87, 87-89, 87-92, 87-94, 87-96, 87-98/99 _ ADOPTED Commissioner pistor moveð, seconðed by Commissioner Saunders and oarried unanimously, that øu~get Amenðments 87-87, 87-89, 87-92, 87-94, 87-96, 87-98/99 be adopted. . "" Item , 12-B BUDGET AMENDMENT RESOLUTIONS 87-014 and 87-015 - ADOPTED Commissioner Pistor moved, seconded by Commissioner Glass and carrieð unanimously, that Budget Amendment Resolutions 87-014 anð 87-015 be adopted. -·...t. "p ¡:~.., ¡.~ ;'''' t ¡ Page 44 &CO~ 100 P~r.l G30 ;':·~t -~J t ! -: , ¡ i 1. : ""''''''''_'''~'''_''''_''''''''''O~' ,-- ".""...",' ,,,,,jI\.,,,,,..,,,~.._,,._,,,,<,,,,;,,...._"')tw..o.,,;",,,_,,~,,<»,,,~,,,,~, ., ~oo'( 10Dr~r,r G33 " January 13, 1987 Item f12C COMMISSIONER PISTOR APPOINTED BUDGET LIAISON County Nanager LlJsk stated last year the Board designated one Commissioner as Budget Liaison to work with the Budget Director. He stated that it worked out very well al.. requested that the Board appoint a Commissioner again th1s year. Commissioner Glass moveð, seconded by Commissioner Saunðers and carried unanimously, that Commissioner Pistor be appointed the 1987/88 Budget Liaison. *** The following items w~re approved and/or adopted under the Consent Agenda upon motion made by Commissioner Saunders, seconded by Commissioner Glass ¡u,d carried unanimously: *** Itei1l '14B1 FISCAL OFFICE INSTRUCTED 'rO SATISFY OUTSTANDING INVOICES FOR INTERIOR BUILDING FINISHES Floor Coverings Window Coverings Item '14B2 Sl,i02.75 $2,968.00 .. . EASEMENT AL~)WING LEE COUNTY ELECTRIC COOPERATIVE TO INSTALL SERVICE TO THE IMMOKALEE AIRPORT WATER TANK BITE See pages b3t. ,... t37 Item '14Dl SELECTION COMMITTEE 'rO REVIEW PROPOSALS FOR HYDROLOGICAL SURVEY REPORT FOR THE CORAL REEF AQU¡FER Selection committee members as follows: Neil Dorrill Harry Huber Mike Arnold Page 45 - - - - -... - January 13, 1987 John Ma~aj ews)t! Shannon Howell Itom f14D2 ~CCEPTANCE OF NAPLES PARKWOOD CLUB (FORMERLY ROY~L WOOD CLUD) WATER AND SEWER FACILITIES - SUDJECT TO STIPULATION That all legal documents are found to be legally sufficient by the County Attorney: Recorded in o.n. Book 1244 , Pages 897-904 Item f14D3 , . . ~UDGET AMENDMENt PROVIDING SHORT TERM FUNDS FOR CERTAIN UTILITIES PROJECTS IN ANTICIPATION OF BOND PROCEEDS Itam #1401 CERTIFICATES OF CORRECTION TO 'rHE TAX ROLLS TANGIBLE PERSONAL PROPERTY Nos. 1986-L79/181 " ,.,. ...... '. \ ..... Dated 12-31~B6/1/2-B7 Item #14G XISCELLANEOUS CORRE~PONDENCE FILED AND/OR REFERRED Thcre being no objection, the fOllowing correspondence was filed and/or referred to the various departments as indicated below: - . Copy of Notice of Nonpayment dated 12/24/86 from Action Automatic Door Co. to Bunn Construction, Inc. and Safeco Ins. Co. of America regarding rolling counter doors and installation for Golden Gate Community Park and North Naples Community Park. Referred to Neil Dorrill, Kevin O'Donnell, Cliff Crawford and filed. 2. Letter dated l2/l9/86 to James Giles, Clerk, from Joan D. Owens, Administrative Assistant, Collier Mosquito Control District, submitting Annual Financial Report and Post Audit Report for FY ended September 30, 1986. Filed. Letters receiv~d 01/02/87 f~om Douglas L. Fry, Environmental Supervisor, DER, enclosing short.form application (File Nos. 061283679 and 1ll28822) which involves dredge and fill activities. Referred to Neil Dorrill, Dr. Proffitt and filed. 3. Page 46 ßCO~ 10D p~q ô34 .....----.".,,,.......,-~,-""-..,,-....~..._..... ""'q. III·~.. N>.<,._......""""_,_...{.".".~~". .~..."'.,'.,',,.,"-_.~ ". ~'..,.. ""-'-'~"""""'"""."""''''''''''''''''.'"''''''''''---''-'"''''''' m" 10D p~r~ 035 I January 13, 1987 ~. Memorandum dated 12/03/86 to All Interested Parties, from B. J. White, Assistant Chief, Bureau of Park Planning and Design, DNR, re meeting on State Recreation and Parks Land Acquisition Program. Referred to Neil Dorrill, Kevin O'Donnell, Cliff Crawford and filed. 5, Minutes of City of Naples: 10/22/86, 11/03/86, 11/23/86, l1/l9/86, ll/24/86, 1l/25/86, 12/03/86 and 12/30/86. 6. Memorandum dated 10/30/86 from Sheriff Aubrey Rogcrs rcgarding Shcriff's Confiscation Trust Fund - FY '85-86 and attaching report. Rcfcrred to Lori Zalka and filed. 7. Lcttcr dated 11/25/86 from Wayne E. Daltry, Executive Director, SWFRPC, enclosing the draft Regional Comprehensive Policy Plan for rcview and comment. Referred to Board of County Commissioners, Jare Fitzpatrick and filed. *** There being no further business for the Good of the County, the meeting was adjourn~d by Order of the Chair - Time: 1:36 p.m. BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~HAtJ;.~¿? ATTEST: JAM¡::S .c.' GIL~S, CLERK ,,,';' . .?i" I "j~"""~ ," " ,,-'.' ~ ..... ',tv )¡~"~~~:~;ì?t~/ {)C, f'..~h~~,inJfcs ,pp,ovod by the Bo"d on 1t-7J02 Z 191"1 a~';p"r~~e~t'ed'<''''''---- or as corrected . r1 . -? J ~' . : ~ M ~ \\...' ." . ".~"I.--(".# Page 47 - - -