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BCC Minutes 11/18/1986 R Naples, Florida, Nov€,mber 18/ 1986 LET IT BE REMEMBErrED, th!t the Board of Count~ 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 according to law and having conducted business herein, met on this date at 9:00 A.M. in 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 Glass John A. Pistor Burt L. Saunders Anne Goodnight ALSO PRESENT: James C. Giles, Clerk; Maureen Kenyon, Deputy Clerk; Donald B. Lusk, County Manager; Neil Dorrill, Assistant County Manager: Ken Cuyler, County Attorney: John Yonk~sky, Finance Director; Tom Crandall, Utilities Admin~strator; Dave Pettrow, Community Development Administrator; George Archibald, Public Works Administrator; Tom Olliff, Adr1inistrative Assistant to the County Manager; Kevin O'Donnell, Admlnistrative Services Administrator: Nancy Israelson, Administrative Assistant to the Board: and Deputy Chief Ray Barnett, Sheriff's Department. ðODK O~!9 p.\r,r 117 Page 1 09"9 ~,~! 122 Novem~c~ ~e, 1986 '1'ap. U It.m. UA NEWLY ELECTED COKMISSIONERS ARNOLD LE. GLASS AND BURT L. SAUNDERS AND CLERK JAKES C. GILES ADMINISTERED OA'1'H OF OFFICE BY JUDGE CARLTON Judge Carlton administered the Oath of Office to newly-elected Commissioners Arnold Lee Glass and Burt L. Saunders and to Clerk James C. Giles. After the swearing in of the new Commissioners, Mrs. Louise H¡'~se, President of the Women's Republican Club of Naples Federated, pre- sented Commissioner SaundcrfJ and Commissioner Glass with a pictur'! of the President of the United States, and wished them good luck for a fruitful ~nd productive term of office. Item f3 AGENDA - APPROVED WITH '1'HB FOLLOWING CHANGES commissioner Hass. movecl, seconded by Commissioner Saunders and carried unanimously, that the agenda be approved with the following changeas 1. Item 5D Added - Selection of 1986-á7 Chairman. (Commissioner Pistor) 2. Item 8A Deleted - Item was put on in error. 3. Item 9F2 Added - Requesting County Commission to set a work- shop date on Resource Recovery. 4. Item l4Al re County Employees Attendance Incentive Plan - Continued to November 25/ 1986. 5. Item l4B4 moved to 9B4 re preliminary acceptance of Regent Park. (County Attorney's office) 6. Item 1403 moved to ~Dl re acceptance of water and sewer faci- lities; and lift st~tion for Regent Park. (County Attorney's off ice) 7. Item l4Cl moved to 9C2 re Medical Consulting Contract. (Commissioner Saunders) 8. Item 1406 moved to 9D2 re temporary sewer service for Ridgeport Plaza. (Commiss ioner Saunders) 9. Item lOA - Withdrawn by County Attorney. 10. Item 12C Added - Discussion of County Management. (Commissioner Saunders) \ ., Page 2 ~~ ~ '. . ,~·,·i ~ . '- - - November 18, 1986 commissioner Glas. moved, seoonded by commiL:1ionel~ HaBse and oarried unanimously, that It'lm 9C1 b. continued fo1. on. week reqarding A'l"'l' 'l'eleoommunications syst'lms as there is no proposed oontract in the back-up material. Item t4A,B,C,D HXNU'l'ES OF REGULAR BCC MEETI:!fG OF 10/21/86, 10/28/845 AND 11/4/86 AND SPECIAL BCC MEETING OF 11/5/U - APPROVED commissioner Hasse moved, seoonded by commissioner Saunders and carried unanimously, that thl minutes of the Regular Meeting of October 21, 1986, October 28, 1986, and November 4, 1986, and the minutes of the Speoial Meeti:lig of November 5, 1986, be approved. Item f5A EMPLOYEE aJ:RVICE AWARDS PREs:r:NTED TO ROBERT MCKELLAR AND ANTHONY GERBEC Commissioner Pistor pre:3ented the following Employee Service Awards: Robert McKellar - Solid Waste 10 Years Anthony Ga:bec - 3ldg. Maintenance 5 Years Item ISB PRESENTATION OF TWO REFUND ~!ECKS BY MR. ED TUTTERROW OF LEE COUNTY ELECTRIC COOPERATIVE IN AHOU.fT OJ!' $7,945.75 AND $38,535.24 Mr. Tutterrow of Lee County Electric Cooperative stated that he had two checks to present to the County in the amount of $7/945.75 and $38,535.24. He stated that the Public Service Commission ganted them permission to use a portion of the utility bill to help upgrade the s~rvices and lines for the f~tUre growth of Collier County. He stated ðO 'K :~99 PJ~! 123' Page 3 .....-"'...._......__."-'_.><-._"~,.,.,,,.._-""- ,"-'" '.. 'to.:- 1 '. .:;Ion ~~.:t I:~'.^ ,.' ~,r '.tJÍ' ,if¡. -·.i; 09'9 nr.! 124 November 18, 1986 that the Board of Directors feels that this has ~een done and he would, therefore, like to gi"e back Ð portion of thOSe:. past bUls fror., 1948 to 1969 in the form of two checks. Item '5C PROCLAMA'l'ION DESIGNATING 'l'HE WEEK 01' NOVEMBER 23-29, 1986 AS "FAKILY DE"" - ADOPTED FOllowinq the readinq or the proclamation by commissioner pistor, he presented same to Mra. vi ~ginia Miller and Commissioner Goodnight moved tor the adoption or tho proclamation desiqnating the weele 0" November 23-29, 1986, as "P'anily Weele", which was seconded by Commissioner Glass and carriud unanimously. :1 L.' ,,1;;01 ." r '" ' " , t!~ I.;" ~: ' : ~I·.~..·.·~·.'·..::·'.···.·.·.· , ~~'; .~ì !:' ,~L ,,\'jj. ttJ: ! ~¡ j~;0-: :;.'. ' ~~-" ~~\,' )~'.:";'. oJ , '~' .. ~," i< t~ t~. ~\ 1$. . /: : ~f'.t ìt.. ,'. !D::.' Y ,;, .{" ~J ,:.:: 1 r ~. '. , ~ ' : . ,. " " ,. iç" 'oJ:.... .:. ': ,:' r. :;! f '[ . ., . , Page 4 - .. - ,._.____c._.'n'__-··'·'_ ~' \.'.'!.,'. l\'; '\"'" . " , .;;\:,¡f.::,: ,,:'09'9 P1~t 126 ! " . J~i;~t~~t,~\:~:',';:~..., ' November 18., 1986 í~"\: t~~ fSD,',' F';!'~' " " .. ....... ~. / COMHtsSIONBR HASSI ELl:CTED AS CHAIRM1'.N AND COHHI3SIuNER GLASS ELECTED , AS VICB CHAIRMAN Clerk Giles opened up the nominations for eléction of the Chairman of the Board of County Commissioners. Commissioner Pistor state3 that he would like to see tradition followed and the qualificatio~s, experience, ability, competence and intelligence considered, and ~oved to elect Commissioner Goodnight to Chairman of the Board of County Commissioners. Motion died for la,~k of second. Commissioner Saunders ~oved, seoonded by Commissioner Glass end carried 4/1, (commissioner pistor opposed) that Commissioner Hasse be elected Chairman. Chairman Hasse stated that he was sorry that Former Commissioner Holland and Voss are not present, but wanted to thank them for their years of service to Collier County. He stated that he will pledge to serve aA Chairman with integrity and honesty and he has always tried to wor~ on Commission business with his best judgment. He stated that he hopes the Commission can work in harmony with good communication, keeping in mind the best interest of the citizens of Collier County. Chairman Hasse ~oved, seconded by commisrioner Saunders and o~rried unani~ously, that commissioner Glass be elected as Vice-ChaiI'l'lan of the Board of ,'ounty Commissioners. Com~issioner Saunders stateJ that a Commissioner only gets sworn. in ~n~e, adding that he thought it would be appropriate to make a few Page 5 ~t,,;. \ .. - :...:..-... November 18/ 1986 comments to set the tone fo~ what he feels is a v~ry important job, that of a County Commission,)r. He stated that he would like to thank everyone for helping him to get where he is, but he wants to ~dvise everyone that he intends to work with the community, the constitu- tional officers, the fellow commissioners to help do what the Commission is supposed to d" which is to provide a better and more efficient service to the public. He stated that he wants to encourage public participation in all matters that are of importance to anyone in the community. He stated that with regards to development, this will occur and there is nothing that can be done to stop it, but he will encourage the developers to meet with homeowners' groups to work out problems before they get to the Commission in order to provide a better product for the community. He stated that he intends to work very closely witn the school board and the City of Naples. He stated that he wants to encourage and increase the activities in the areas of protecting the natural environment, adding that the voters of Collier Count~ a~proved a tax on themselves to help promote a pollution conLrol program and he hopes to encourage and expedite those activi- ties. He stated that he wants to encourage and promote more compre- hensive planning and a redrafting of the zoning code, adding that one of the most important functions of government is to make sure that the community remains the beautif:l community that it is. He stated that the np.~ds ,)f growth have to be accommodated but they also have to make . surp. that the community is not spoiled by that growth. He stated that Page 6 &I)D~ 09'9 PJ'·t 127 "<--"""",_...~-,--~--.~-",....,.""."....,,,,.",",-" .,,""........-,.....,.-.... ,-- 09n ~,q128 Novemher lP, 1986 he wants to encourag~ the participation of the many talented citizens in the community to c¡me forward and help the Commission make major decisions, adding that all five commissioners are from five different walks of life and none ':If the Commissioners are real experts in many of the areas that they 11ave to make serious decisions on, but there are people in the comm~nity that are experts in these areas. He noted that he intends to work with ~lS fellow commissioners and other elected officials as well as tte public to help provide a better par- vice to the community. Commissioner Glass statej that he is a man of few words, adding that he studies and does his homework and will do the job along with the rest (,¡f the Commissioner,3 to do what is supposed to be done. He .stated that he will pay attel1tion to the community and make sure that the community gets a fair chance in all issues. He stated that he does not make promises, but he will do the job and is looking forward to workln~ with everyone. Ite. UB1 PUBLIC HBARING SET FOR NOVEMIJER 25, 1986 RB AWARDING OF CERTIFICATE OF PUBLIC CONVENIENCB AND NECESIII'1'Y '1'0 EXECUNE'l' TRANSPORTA'l'ION SYSTEMS Public Works Administrator Archibald stated that this item is recommendation for the Boftrd to establish a public hearing date to confirm the award of a Certificate of Public Convenience and Necessity for a local firm that plans (In continuing to provide limousine ser- vice, adding that the firm in question is Exccunet Transportation Systems. He stated that they have made the necessary submittals to Page 7 , , ... - - P"_ "'__....__'"~,,~..._'"'<'.....ßþ"~H........... ,.---, , , < ' ~ <, , : ~ t, J ,~ ., '. NDJember 18, 1986 the PVAC and have been revie~ed and approved. He st~ted that he is recommending that a hearing ~ate of November 25/ ~~p~, be established to considar this matter. commissioner pistor moved, seconded by Commissioner Goodnight and carried unanimously, that a publio hearing be set for November 25, 1986 to consider awarding a certificate ot PUblic convenience and Necesslty to Execunet 'l'ransportations systems, Inc. Item f9B2 RESOLUTION 86-223 AWARDING C'ERTII'ICATES OF PUBLIC CONVENIENCE AND NECBSSI'l'Y TO A-O.~. 'l'AXI, I~~., ARISTOCAT LIMOUSINES, INC. AND GU~P- COAS'l' LIMOUSINES SERVICE - '~PTED Publíc Works Administrat.or Archibald stated that this is a r~com- menda~ion to award Certificlltes of Public Convenience and Necessity to three firms that were grand fathered in and met all the existing cri- teria according to Ordinancl! 86-4. He stated that the PVAC reviewed and recommend approval of these three firms. He stated that a resolu- tion has been prepared for ~doption by the Board. co~~issioner Goodnight moved, seconded by Commissioner Saunders anO carried unanimously, that Resolution No. 86-223 awarding certificates of PUblic convenience and Necessity to A-O.K. Taxi, Inc., Arlstocat Limousines, Inc. and Gultcoast Limousines service, be adopted. .< ~ .; j' r. ~ 800k 099 Pj~t 129 Page 8 ( .. " . \: I. III ' . ....._-.,..;,,-~..."".... ..<.,"._---...,-......,.....~-"'~".....'"'~"''-'"''....~"."..,......~".",,<...."".>., - Nov~mber 18, 1986 Item US3 SOLICITATION OJ' THREE OR MORE "FEE AND TIME" PROPOOALS J'ROM APPROVED LIST OJ' APPRAISERS AND ~WARD 01' APPRAIS~L SERVICE CONTRACT - APPROVED Public Works Administrator Archibald stated this is ð request to gain approval to have a piece of property appraised in accordance with the' approved list of apprðisers that the County currently utilizes. He stated thðt this property is adjacent to the landfill ðnd the pro- perty owner approached the staff and indicated that there is ð parcel ðvailable for purchase if the County can utilize that property in the expansion of the County lðndfill. . 'l'ape f2 Mr. Archibald stated thðt he would like to have ðpproval to hire en appraiser to obtain an appraisal on that property/ consider the use of the property r~lative to the vðlue of the property and then come back to the Board of County Commissioners with a recommendation. He stðted that the estimated cost of this appraisal would be about $1,500. co~issioner Glass moved, seoonded by Commissioner Pistor and carried unanimously, that Staff be authorized to solioit for three or more "Fee and Time" proposals from the approved list :Jt appraisers and to award an appraisal servioe contraot. Item UB4 PREL1MINARY ACCEPTANCE OF REGENT PARK - APPROVED Public Works Administrator Archibald stated that this item involves the preliminðry acceptance of Regent Park, which is ð subdivision Pðge 9 ðODK 099 ,,~r.! 137 November 18, 1986 located on the south side of Jmmokðlee Road. He &tatE~d that the sub- division has been completed from the standpoint of v.ainage improve- ments and road improvements, t,ut the current dev~loper wants to revise the lot sizes and a~ a result, the County Attorney's office suggest that preliminary acceptance net be granted until such time as t~e platting or replatting of those lots has been performed. . County Attorney Cuyler stðted that one of the reasons that this was asked to be pulled off the Consent Agenda is that there was some documentation problems which have been settled. Public Works Administrator Archibald stated that all the improve- ments within the public right-of-way are acceptable and have been approved for preliminary acceptance by the County. He stated the need to replat or change the lot sizes will not effect those improvements that the County if recommending preliminary acceptance of. He stated that the Developer will maintain the system, once it is accepted, for a period of one year, and then at that time the County will go back and make a final inspection and if the improvements have been properly maintained there would be final acceptance and then it would become the County's system. commissioner Goodnight movld, seconded by Commissioner Glass and ~arried unanimously, that the :ilreliminary acceptance ot Regent Park be app1:oved. Item f!)C2 MEDICAL CONSULTING CONTRAC'l' BE'rwEEN ROBERT BOYD TOBER, INC. AND COLLIER COUNTY - APPROVED Ccmmissioner Saunders stat~d that he asked for this item to be removed form the Consent Agend! because there was no signature from 1. f (:,1 1_. Page lO - - .. Novemb~r 18, 1986 the County Attorney's office .1S to whether this haä ""èen reviewed or not. County Attorney Cuyler ststed that Mr. Mac'Kie did not execute it the contract for legal sufficiency, but he indicated that he has reviewed it ðnd gone over it with the Risk Manager and has no problem with it. Commissioner Saunders stated that in the future, he would like to see the signature of the County Attorney on items before they go i~to the packet. Commissioner Saunders moV'ed, seconded by Commissioner Glass and carried unanimously, that thrLt the medical consulting contract between Robert Boyd Tober, Inc. and C)ollier county be approved. ~OD( 09'9 I'~r.{ 13.9 Page 11 ;" :,J . , '\.1 ¡. ; ") :.i November 18/ 1986 Item f9D1 WA'l'ER AND SEWER 1'1I.CIL1TIES AUD LIFT STATION ACCEPTi\:.":E FOR REGENT PARK Utilities Administrator Crandall stated that th~s is similar to the item under Public Works, adding that this is an acceptance of water and sewer lines and th,,, documentation problems ha'le been resolved by the County Attor,ey 's office. County Attorney Cuyler stated that the legal problems have been resolved on this matter. commissioner Goodnight moved, seoonded by Commissioner Saund8:~S and carried unanimously, that the water and sewer faoilities and the lift station be accepted for Regent Park. See O.R. Book 1232, Paqes 1215-1245 Item t9D2 AGREEMENT WITH Cr'l'Y OF NAPLES TO PROVIDE TEMPORARY SEWER SERVICE TO A POR'l'ION OF PINB RIDGE MSTU INOWN AS RIDGE PORT PLAZA - APPROVED County Attorney Cuyler stated that this document was not signed but it has been reviewed and approved by his office. cOlumissioner Goodnight moved, seconded by commissioner Glass and carried unanimously, that the agreement with the City of Naples to provide temporary sewer servioe to a portion ot pine Ridge MSTU known as Ridgeport Plaza be approved with the following stipulations: 1. County utilities Enqineering will review all plans submitted by Ridgeport Plaza. 2. Upon oompletion ot tbe M.S.T.U. the temporary service will become an interim service under the City of Naples/County Interlocal 1I.greement Addendum '5. ðODK 099 p,\'.r 145 Page 12 ViP t!\': ( , 1. J ;. ~ "-'~'~"~"~""-'~;-"'" "-'''''''''',,~,- ,,'; ,'""-,*"-,.,"'"'......'"".....,"'-"'~-".,^'_..".... . -""'_...........-"''--,.....",."'"...~---''''''''''';-"...*.-....._-'"''''' ".......,-,-", 'ODK 09'9 p~r.t 148 HOVf':¡nber 18, 1985 Item 191'1 RIFUNDINQ OF IMPROVEMENT ~3NUE BONDS - APPROVED WITH NEW MONEY BUT DEBT 8ERVICB '1'0 REMAIN THE Sj\.HE. LOW BIDS AWARDED ~ 'J PARAMOUNT, NORTHERN BANK NOTE, AND CITI:tENS AND SOUTHERN TRU6T. SPECIAL BOARD MEETING '1'0 BE HELD NOVEMBER :~~_5, AT 2s00 P.M. County Manager Lusk statE!d that the Financial Advisor is not pre- sent at this time and we would like to have this itcm postponed until later in the meeting. Commissioner Qoodniqht moved, seconded by Commis~ioner pistor anð carrieð unanimously, that this item be postpone until later in the m..Unq. ***** Later in the ~eetin¡ this item W4S discussed ***** County Manager Lusk state,3 that about 6 months ago/ the Boarè. had a discussion on the interest and whether to refund 3 bond issues, the Justice Center Bonds, the Park Bonds, and the Road Bonds. He stated that the Justice Center Bonds and the Park Bonds have been refunded and Mrs. Fischer is present to discuss the Road Bonds. Mrs. Fischer of Fischer Johnson stated that two of the three bond issues have been successfully refunded and produced savings for the County, adding that this past week, the market hit and with the refunding of the third bond issue at this poir.t, it would create a savings beyond what the target was set at in June. She stated that the underwriters fees and expenses are exactly what was indicated in the proposal. She reported that the outstanding issue at this time is at 9-l/8t and the m"rket right now is about 7.20% and with that rate of interest, the County would have a gross savings of $701,000 and a' Page 13 J-' .. - .. "><-"--'~"'-'"-'---"'''-'''''''''-'' ,.. -.. ..... """-,.""'..............- Nove~Der 18, 1986 present value savings of $333,322. Sh~ stated that she is ~ere to get approval for PaineWebber to m~rket the bonds on W~òne:3day and come back on Thursday or Friday for the signing of the P~_:~ase Contract. County Manager Lusk stated if for some reason t~e inter~st rates are not what is expected, the Board can still deny this on Thursday. He stated that this is the 9th cent gas tax bond which has been used in the past for sharing with the City and County on road projects. He stated that Public Works Administrator Archibald's recommendation is that the money that comes back on this issue go for a jOint-type pro- ject. Public Works Administrator Archibald stated that the funds fr("m the initial bond issue were used to build certain roadways that bene- fited both the City of Naples and Collier County, adding that if the debt service is kept at its c~rrent level and recoups a large amount of funds for road purposes, he would recommend that the funds be put in a separate account and that. they be subject to consideration for projects that would jointly enhance the traffic for both the City of Naples and Collier County. Mrs. Fischer stated that this presentation does not show new money/ adding that this is only the savings that it would achieve. She stated that there could b.~ new money of about $300,000, keeping the same debt service. Clerk Giles stated that h~ has no problem with this, adding that it is a policy decision for the Board. He stated that if the new 800( 09Hmt149 Page l4 "~"~.".._~,.",",.._"~",="..,~."_,""..".,,q."..,,,. ,. .. """.~'. "-.._e....... ."", eOOK 09'9 p~r,t150 Nov~mbor l8, 1986 money was obtained, it would create more money fur rOiJd projects and the debt service would remain the same or the other ~tion is to not obtain new money and the debt service would be lower~d. Mr. George Keller, President of Collier County Civic Federation, stated that when the last bonds w~re refinanced, he rec0~mended that the County hold off because ~þe interest rates had not bottomed out. He stated that he thinks tha~ they are still going to come down further and recommended that the County hold off on this bond issue also. Mr. Lusk stated that the levels that the Board set have been exceeded and he would recommend that this issue be refunded. In answor to Commissioner Hasse, Mr. Fischer stated that the new tax laws give the County one opportunity to refund and this is it, except for the next call date. He noted that these refundings are a lot more than low interest rates, adding that it has a lot to do with the investments. He stated that the reason this issue is doing so well is that governments went up and municipals started to fall and the investment program becar. better. He stated that the investment program is right on target \lith this issue, adding that this looks better than what was ever anticipated. Commissioner Saunders s'~ated that there are two types of finan- cing; one is where the Coun~y raises new money and increase the total indebtedness for projects and the other is where there is current debt and the County is trying to lower the interest rate on that current Page 15 '.. .. .. ..'k""''''..',....,''''___.<.___ No\ember 18, 1986 debt, which is something that the County is tryinq t~ do at this time. He stated that based on the financial advisor's reL~~mendation, he feels that the County should proceed. commissioner Glass moved, seconded by Commission~r Saundors and carried unanimously, that the refunding be approved for the Improvement Revenue Bonds by keeping the same debt service with obtaining the new money. Mrs. Fischer stated that the next approval she needs is for the awarding of the bids for the printing of the bonds and the Officilll Statement and for the Trustee and Paying Agent. Tape U Mrs. Fischer stated that she would recommend Paramount, Northern Bank Not., and Citizens and Southern Trust Company. Commissioner Glass moved, seconded by Commissioner Saunders and carried unanimously, that the bids be awarded to Paramount, Northern Bank Note, and citizens and Southern Trust company for the refunding improve~ent revenue bond issue. Corlmissioner Glass moved, seconded by Commissioner Saunders and oarried unanimously, that the speoial meeting be held November 20, 1986, at 2s00 P.M. Item. , '9F2 RESOORCB RECOVERY WORKSHOP P)STPONED INDEFINITELY AND WESTINGHOUSE TO PROCEED WITH PROJECT County Manager Lusk sta~~d that he put this on the agenda and would really like to have a :,pecial meeting December 1, 1986 so that 'ODK 09"9 p~r·t 151 Page 16 , ' , ' aOOK 09'9 PAr.r 152 Novem~ar ld, 1906 the Board can take action if necessary. Commissioner Saunders questioned what type o.f acd';n the County Manager wants the Board to take at the end of that neeting, to which County Manager Lusk stated that the action would be to say that this is a good project and move forward with it. Commissioner Saunders staèed that he was involved with drafting the c~ntracts and he understands some of the legal problems that the County could run into if action is taken. He stated that he woul,~ like the County Attorney to review whether he can participate in ~he discussion on resource roco~~ry in light of the fact that he is working for a firm that has ,~ financial interest in the project. He stated that he feels that it is important for the County Attorney and the Special Counsel to get together and let the Board know what can be done, what can be expected from the contract, and what the options are. He suggested that therE! not be a workshop that quickly, as he does not want to take any tY,Ç,e of action that might have some serious economic ratifications under the contract. Commissioncr Glass stated that he concurs with regards to taking action, but he would like to have a workshop on this matter as soon as possible. County Attorney Cuyler st!ted that he is concerned some of the items that Mr. Lusk may want to talk with the Board about may not be available on December l, 1986. Commissioner Saunders quelltioned if this could be put off for a Page 17 .. .. .. November lB, 19B6 week or two? Mr. Lusk stated that on December 1,/ 19b6, there is an air quality hearing that Westinghouse can either pu:~pone or go through with, adding that the Board of County Commif f:lio'¡ers should have the workshop before then. Commissioner Saunders stated that this is exactly the problem that the.County will run into, adding that Wcstinghouse has an obligstion under the contract to proceed with their permitting ond if the County takes action to prevent them or to give them reason to believe that they should not proceed with the permitting, then the County has breached the contract. He stated that he is concerned with doing something hastily without knowing the ramifications. Mr. Lusk stated that there is a contract presently that says the tipping fees for the first year will be $19.00 but the economics have changed that to $40.00 for tipping fees. He stated that he is looking for direction. He noted that he feels that the Commission could meet an~ indicate that they like the contract and expect Westinghouse to live up to it. Co:nmissioner Saunders stated that if the County breaches the contract, the County pays penalties and Westinghouse is under the same contract and also pays penalties if they breach the contract. He stated that right now Westinghouse is under a legal obligation to build this facility and there are tipping fees that are capped out. He stated that by saying at a Board meeting that they should proceed is not saying anything at all because they already have that obliga- t~;" v : . ",. ~ . ) " !t'. '-'r·, Page· 18 ,. ð( DK 09"9 mt 153 >___,.,__,._._,__.___..'__o'f____...._......~......,_"'__"__n._.".o..__...,_" ~.. 09"9 p~~t 154 Novemi,,~r la, 1986 tion and, therefore, nothing is accomplished by m~~:ng that statement. He stated that the only other option the County has is to back off the project and before that action is taken, the County needs to know what the implications are/ adding that if nothing is done now, Westinghouse has to keep proceeding under the contract as it exist. County Attorney Cuyler stpted that his position ut this point is regardless of the expenses, Westinghouse is to continue in good faith to acquire their permits as the County is continuing in good faith to do their parts of the contrðct. He has greðt concern with any type of board action that would indicate that the County is not willing to go forward with this project. Commissioner Pis tor stated that he does not feel that anything should be done to stop Westinghouse from proceeding with trying to get the permits. Commissioner Glass moved, seconded by commissioner Saunders and carrie~ unanimously, that a workshop be postponed indetinitely until tho County Attorney and Special Counsel come back with the necessary information previously requested r~9arding the contract. Item 'llA aOO'1'INE BILLS - APPROVED FO~ PAYMENT Pursuant to Resolution 81-150/ the following checks were issued through Friday, Novcmber l4, 1986/ in payment of routine bills: CHECK DESCRIPTION CHECK NOS. AMOUNT Vendors 151090 - 151437 $1,168/508.92 BCC Payroll 037437 - 038076 $ 294/629.05 ~ 1 Page 19 ,{' .. - .. -'" ,...-..----,....-----........""'....""'.-.- ,.,..,- Novcmbcr 16/ 1986 Item IUD BUDGET AMENDMENTS 81-32/33 AND 81-35/42 - ADOPTEú. commissioner Goodnight moved, seconded by commissioner Saunders and carried unanimously, that Budget Amendments 86-32/33 and 86-35/42 be adopted. Item 'UB SMI'1'H BARNEY REHARKETING FEES FOR $1,906.85 - APPROVED Clerk Giles stated that he has a special bill that needs approval related to the $76,600,000 variable rate bonds that were issued by the Board this past August, adding that the bill is for remarketing f.~es per the agreement with Smith Barney. He stated that the money is being inv~sted weekly and there is a fee of 1/8 of 1% that iå due, which is in the amount of $1/906.85. commissioner Glass moved., seconded by commissioner pistor and carried unanimously, that the remarketing tees tor smith Barney in the amount ot $1,906.85 be appre,ved. Item U2A RESC~UTION 86-224 APPOINTING R. FREDERICK KEYES TO DISTRICT 2 VACANCY AND ADVERTISING FOR DISTRIC1~3 VACANCY FOR THE CCFC - APPROVED Administrative Assistant Israelson stated that it is being requested that Mr. Keyes be appointed to the CCPC for the District 2 vacancy as that is where he resides, and then advertise for resumes from District 3 residents. She stated that the resolution included in the agenda packet needs to be adopted. commissioner pistor movnd, seconded by Commissioner Glass and Page 20 &DDK 09'9 w.~ 155 --~.",.."". - w · aOOK 099 PAC.! 156 Novemb~~ 10, 1996 carried unanimously, that Resolution 86-224 appoinl."g R. Frederick ~.y.. to Di.trict 2 vacancy Qn the CCPC b. adopted and advertising tor the District 3 vacancy b~ authorized. Page 21 .. - .. r November 18, 1986 Item f12B DISCUSSION AND REAPPOINTMENT OP SOLID WASTE ADVISORY COMMITTEE MEMBERS - CONTINUED FOR ONE WEEK AND ADMINISTRATIVE ASSISTANT TO PREPARE BACK- UP INFORMATION Assistant County Manager Dorrill stated that Staff needs direction cOAcerning the future appointments and responsibilities of the Solid Waste Advisory Committee members. He stated that this committee was originally created as a special ad-hoc committee to render an opl~ion to the Commission on resource recovery. He stated that subseque¡,tly, the committee has been expanded to be a standing committe~ in an advi- sory capacity for the Board regarding all solid waste activities. He stated that for lack of sufficient work, the committee had not met for five or six months and then they did met a week or two ago and Staff advised them that two of the members terms had expired. He stated that the members terms that h:d expired were Dr. Stokes and Mr. Humphrey. He stated that a l,~tter has been received from Ed Johannson indicating his intent to resign from the committee. He stated that Staff needs direction regarding the desires of the Board on the con- tinuing status of this committee and whether or not the Board would like to reappoint both of the present members whose terms have expired and who have expressed a desire to continue in that capacity and also if Staff should solicit for another member representing the Conservancy. Commissioner Hasse stated that he would like to see some backup information on this, like who the members are and the resignation of ðODK 099 p.\,,¡ 15,9 Page 22 ~ò~ 099 PAr.f 160 November l8, 1986 , ¡ I I I I i I Mr. Johannson. Commissioner Pistor stated that the committee is being asked to do certain work on the landfill at the present time-and because of lack of activity they did not meet and the Board let the mcmbership run out because there was some thought about not having the committee any longer, but there are certain. things that this committee should look at for the next few months and it would be his feeling to continue with this committee and officially reappoint Dr. Stokes and Mr. Humphrey as their terms have expired. Commissioner Glass moved, seconded by Commissioner Saunders ani carried 4/1, (Commissioner Pistor opposed) that this item be continued tor one week and that the Administrative Assistant to the Board be directed to provide the necessary information regarding this committee and the leqislaticn involved. Item U:ZC DISCUSSION REGARDING COUNTY MANAGEMENT - TO BE BROUGHT BACK IN 45 DAYS Commissioner Saunders stated that he added this item to the agenda conccrning County Management, because he felt it was appropriate to bring this item up for discussion at the begi~/\ing of his term. He noted that there has been some talk of dissatisfaction with the mana- gement. He stated that the ~ew Board should take a look at what has happened in the past and where they want to go in the future and make decisions as to whether the County management should be changed or kept the same as it is. He ~oted that regardless of whether there is Page 23 '- - - No"~mber 18/ 1986 a change in the County Manaçer, he is entitled to his severance pay, adding that it is not a question of cause as the County Manager is entitled to the severance pey under all circumstances and therefore, this issue is irrelevant. f.e stated that what is important is whether this Board wants to make a change. He noted that the reports from the States Attorney's office and the University of South Florida are totålly irrelevant as to what he is suggesting, adding that the States Attorney's office is looking into criminal activity and there is no evidence that he has seen or heard of that would indicate crimina~ activity and, therefore, he fully expects the State Attorney to report same. He reported that the USF report is also irrelevant inasmu~h as that focus is on certain allegations that he does not think is going to resolve into any thing, but additionally, Staff is not in a position to be completely o~en with the USF investigators and their report will probably be indecisive at best. He stated that the issue is whether there should be a change in the County Management. He noted that he has had discussion with the County Manager and he has indica~ed that if he does net have support of the Board that he would step down. He suggested that the Board be pclled to see if there is a desire that there be a change in management and if so, he would recom- mend that the County Manager be asked to resign with full severance pay and in good standing. He stated that this would put an end to the State Attorney's investigation and would stop the USF investigation. Commissioner Hasse stated that agains~ his better judgment, the Page 24 ðOD~ 09'9 w,r 161 ~>..".,,,.'--~--,,---_._- I''''.¡:J.:.···~·'.· ;~~1 ;'.'~' t. ': 'i~;¡'t:'" :~. lOOK 099 P.\'l I£)2 ~'.) ~ November 18/ 1986 USF was hired to come up with some kind of answers and since the County has paid $17,000 for the report, they sho~ld wait until they get the final report before anything ie done. He stated that this matter could be handled a couple of weeks from now, as well as tight now, adding that he feels that the Commission should wait at . this time before doing anything. Commissioner Glass stated that he has the highest regard for Commi3sioner Saunders' opinion, but he has had the opportunity to form that opinion from a long-standing observation of the manager whi1e working in an official capacity as the County legal advisor. I!e stated that he would like to have that same opportunity and he would request that this item be postponed for a period of 45 days so that he can review thingn in an official capacity, also. Commissioner Saunders stated that in light of what the Commissioners have said, this item will come back in 45 days and should be noted that from this date, this item will again be put on the agenda in 45 days. ***** cOllUllissioner Goodnight moved, secoJ,ded by commissioner pist~r and oarried unanimously, that the following items be adopted and/or approved: ***** Item U4A2 SATISFACTION OF LIEN TO NORMAN SANSON FOR NUIS~NCE ABATEMENT See Page --L~ 7 Item U4B1 BID AWARDED TO BOB TAYLOR CHEVROLET IN AMOUNT OF $20,131.82 FOR 2 VEHICLF.S POR BUILDING CODE COMPLI~NCE DEPARTMENT Item U4B2 "'., Page 25 '.. .. .. ".....,._...._.,...."'"......,.~,---,,-- --,_.__._,.....""._.,~_..,.,., ....,... Nov.~~er l8, 1986 STAFF TO NEGOTIATE CONTRACT WITH AGNOLI, BARBER' BRUNDAGE, INC. TO PREPARE PRELIMINARY ENGINEERING REPORT FOR NAPLES PARK AREA DRAINAGE IMPROVEMENT DISTRICT Itelll 'UB3 QUIT CLAIM DEED TO PATRICI~ AND TOM REUTHER TO CLEAR TITLE PROBLEM CAUSED DURING RInHT-OF-WAY ACQUISITION FOR AUTO RANCH ROAD See Page ~ Y' It.em n4B5 BID NO. 86-1040 AWARDED TO H. W. BEAUDOIN' SONS, INC. TO INST'LL CURBING FOR MARCO ISLAND BEAUTIFICATION MSTU AT COST OF $51,160.0(, Legal notice having been published in the Naples Daily News ~n October 22, 1986/ as evidenl::ed by Äffidavit of Publication filed with the Clerk, bids were received for Bid 86-1040 for installation of curbing for Marco Island Beðutificiation MSTU until 2:30 P.M., November 7, 1986. Itelll n4B5 SeC! Page /t,r LEASE AGREEMENT ~~ITH HARSTEN LEASING CORPORATION FOR MODULAR OFFICE FOR '1'HE SHERIFF'S DEPARTMENT IN IMMORALEE See Pages W'" /73 It.em fl4B7 AGREEK3NT WITH ALAGOLD DEVELOPMENT CORPORATION AND TO ACCEPT QUIT CLA~~ DEED FOR ROAD RIGHT-07-WAY FOR NORTH NAPLES ROADWAY MSTU See Pages 4'1- /7f Item fl4B8 BUDGET AMENDMENT TRANSFERRING FtnJDS FROM FroTO 305 RESERVES TO ORGANIZATION 0435 FOR 8TH FLOOR FURNITURE Itelll 114B9 PAYMENT FOR EMERGENCY REPAIRS TO THE NAPLES LANDFILL TRUCK SCALE PLATFORM HADE BY W. B. DICKEY CO. IN AMOUNT OF $2,533.77 t; ':, 1,';)1 page 26 &ODK 09n p~r·1 163" -~.."--,,...'-, ,.....<..,...."......""._.+-----....__.~.'- . ---.-....- w,_.·_,_~__·_·_'..._,~""'·_,_· ,.....,..., ,."'''''to í~, f'" ;iJ,; . lOOK 099 PAGE 164 ~~;: ~~~. I~.m '14Dl FOUR UTILITY EASEMENTS AND 1~FIDAVITS FOR ACQUIS~TION OF LELY ESTATES SEWER SYSTEM November 18, 1986 See psges O.R. Book 1232. Pages 1931-1954 Item U4D2 WOODLAK! - SALINAS DRIVE AND pCHO RIOS - WATER AND SEWER FACILITIES ACCEPTANCE - SUJBECT TO STIPULATION 1. That all legal documents are found to be legally sufficient by the County Attorney. See Pages O.R. Book 1232. Pages 1955-1968 Item t14D4 APPROVAL OF BCC TO ACCEPT CONTRIBUTION IN AID OF CONSTRUCTION FROM THE DEVELOPCR or LOCH LOUISE IN AMOUNT OF $45,146.56 Item IUDS BUDGET AMENDMENT ALLOWING THE FIRST ANNUAL PAYMENT ON THE LELY SEWER SYSTEM IN AMOUNT OF $330,000 Item 'UEl UTILITIES ITEMS DECLARED SURPLUS AND COMPETITIVE SALE AUTHORIZED See Pages ptJ - I f f Item t14E2 BID NO. 86-1030 AWARDED TO MII-LUNDIA FOR PURCHASE or LATERAL FILING SYSTEM FOR BUILDING "c" NOT TO EXCEED· $5,108 Legal notice having been published in the Naples Daily News on September 22, 1986/ as evidenced by Affidavit of Publicstion filed with the Clerk, bids were received for Bid 86-1030 for Lateral Filing Systems until 2:30 P.M., October 8/ 1986. Item f14Gl CERTIFICATES FOR CORRECTION TO TAX ROLL Page 27 '- - .. '.~"', ,,+#- ,:"i Novembor 18, 1986 1983 TAX ROLL 392 lO/20/06 1984 TAX ROLL 255 - 257 10/21/66 - 10/28/86 1985 TAX ROLL 221 10/21/86 1986 TANGIBLE: PERSONAL PROPERTY TAX ROLL 1986-64/76 1986-80/82 11/04/86 - 11/06/66 11/10/06 1986 TAX ROLL 1-54 11/Ol/66 - ll/07/86 .' It" '14G , " MisèELLANEOUS CORRESPONDENCI: FILED AND/OR REFERRED ~~There being no objection, the Chðir directed that the following c;~~èspondence be filed ðnd/or referred to the various departments as .iI',,"' indi2el.t;:ed below: 1. Letter dated 11/03/86 to FL Counties and Cities, Other Interested Parties, from Richard W. Smith, P.E., Chief, Bureau of Wastewater Management and Grants, DER, re Revisions to Delegation of Authority by Secretðry Rule and Construction Grunts Program Rule. Referred to Neil Dorrill (Letter) Ton Crandall (Complete packet) and filed. 2. Minutes of EMSAC of lO/08/86 and agenda for 11/12/86. Filed 3. Copy of letter dated 11/05/86 to Virgil Choate, Prison Inspector/Investigator, from Major Lou Gibbs, Jail Admini- strator, re inspection of the Collier County Stockade at Immokalee. Filed. 4. Letter da';.ed 11/04/116 from Lucille M. Espey of Siesky, Lehman & Espey, P.A. enclosing originðl notice of abandonment of the Port Au Prince Sewerage System effective 60 days from date of receipt by the County ðnd the PSC. Referred to Bruce Anderson, Tom Crandall and filed. Page 28 ðDD( 09n W'! 165 " '. IOO~ 09'9 PA~r 1GB November 18, 1986 Item '14H1 OFFICIAL CANVASS OF NOVEMBER 4, 1986 GENERAL ELECTION See Pages ~-- /9/ ... There being no further bu~iness for the Good of the County/ the meeting was adjourned at 10:20 A.M. by Order of the Chair. BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFI~IO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~A~~¿ ;. .,. , ¿J.C, ff þ~. ;r.se., mi.n..~J"'~::approved by the Board on~' 'l/ f/t'. as pre- . ."' ~...'- - s¡'¡i.~ .~'~~. "~¡;,corrected -; ",. " -~'.").. C"" ., \~'. \;,'U.l\~:Y" ,(::, .' ~ .p -,-.,.'." ,- ,,' 'f....... "", ""', "ft....·· {~ .- ....,. S"JI'O\C;'; ,.' ""t .J.. t. ....... ·11t""." ~-, '.' Page 29 '.. - ~