BCC Minutes 05/26/1982 W
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NðpleC'>, Florida, M"y 26,1982
LET IT BE REMEMBERED, that the Board of County Commissioners in
and for the County of Collier, and also acting as the Coverning
Board(s) of wuch special districts as have been created according to
law and having conducted business herein, met on this date at 10s30
A.M. in Worksnop Session in Building -F- of the Courthouse Complex,
East Naples, Florida, with the following m~mhcrs presents
CIIAIRMAN! C. R. -nuss- Wimer
VICE CllfIIRMAN! Mary-Frances Kruso
John A. piator
Clifford Wenzel
ABSENTz Commissioner Brown
lILSO PRESf.NT: Will1l1lT1 J. RcacJðn, Clerk, Elinor M. Skinner, Deputy
Clerk; C. William Norman, County M~nager and Anne Hora, Personnel
Director.
lIG F:NDA
Interview Appl~cðnts for position of County Attorney
10:30 !I.M. - William N. Drake, Jr.
11:00 A.M. - Durt L. Saunders
11: 30 !I.M. - David M. Wolpin
1: Jo P.M. - Frank S. BlIrtolone
2:00 P.M. - Daniel n. Vaughan
County At.torney pickworth ex p 1 ð in ed the first interview would be
with Mr. Burt L. Saunders. lie noted thðt the Commissioners had copIes
of tfi; resumes of the applicants who would be interviewed.
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BURT L. SAUNDERS
Mr. r>ickwt-rth explained that Mr. Saunders is presently employed as
Assistðnt D~de County Attorn~y, a position he has held since October 1,
1979.
eoo~ 069 PACe 22a
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Mr. Saunders explained that as Assistant Dado County ^ttorney he
has had experience in the specific depart~cnts of that office which
lncludo Parks and Recrcation, r.nviron~ental Resource5 Management, the
Water and Sowor Board and the Port of Miami. He said hio primary
responsibilities have been in the areas of environmental law, coastal
zone management, obtaining State and Federal dredge and fill permits,
and cleaning up and preventing oil spills; involvement with the
majority of the contracts np.edcd to carry the Port of Miami's needs to
the year 2000, issuonce of bonds to finance th~t construction; land use
planning; public utilities; in ad~ition to representing the Water and
Sewer Board. Responding to Commissioner pistor, Mr. Saunders described
a litigation in which the W~ter and ;,~wer Board was recently involved
that went on ðppeal to Circuit ^ppcllùte Court and was deciðed in favor
of the Water and Sewer BOiHd. He said he is the only attorney who
represents the Watcr and Sewer Board. He said th~t he does not
suporvi5e ðny other attorneys.
Responding to Chairman Wimer, Mr. Saunders said he was a partner
from September 1975 to ^ugust 1978 in tho law firm Saunders-Rogers-
Saunders. He explained he had been in business with his older brother
and that he lcft said firm because he felt it would be better to
specialize. He said that hc went to Lhe University of Miami (or b
graduate dcgree in Ocean and Coastal Law which he fclt gavo him the
desired spocialty. Responding to C"ommissione! ristor, Mr. Saunders
described his involvement in the currcnt program to prescrve the area
around Biscayne Bay by formul~ting the general criteria for the types
of structures that can be built around Biscayne Bay.
He described his
part in the development of ~ zoning overlay which has changed the
density limitations in an effort to preservo the integrity of the
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Eastern Everglades. lie olaboratod on the types of bond lsGues with
which he has beQn involved. Responding to Commi8sion~r Kruse, he
explained thoro are 38 lawyers in his office nnd that six or soven hðve
contact with the Commiasionors, adding that he has had several projects
that required hin, to have contðct with tl.e Ccmmissioners.
Mr. Saund~rs responded to Mr. pickworth's guestion of the OBsen-
tial dlf.fcrences between Dade County and Collie' County and stated tha~
Dðde County is a charter county which would increase the alJthority the
county would have.
Chairman Wimer noted that Mr. Saunders was currently an ^djunct
Professor for the University of Miami Roscnstiel School of Marine and
Atmospheric Sciences and he asked what impact that position would have
on accepting the job in question, to which Mr. Saunders responded that
his teaching has been a hobby; that he has been able to follow thþ. Sea
Conferences as 0 result of teaching; and that he conslddr~ that a
luxury he has been able to have in Dade County, but would not interfere
or have any impact on his accepting the p0ßition of County Attorney.
Responding to Mrs. Bora, Mr. Saunders 5ldd h~ felt his strengths
were his ability to deal with people Dnd to recognize when a situation
calls for litigation or 5ettlement and in thnt way he would be able to
5ðV~ a lot of tim~ "nd expense.
Ct~irman Wimer suggested that he meet with Mr. Pickworth who could
give him an idea at the general operation of the County Attorn~y's
office and he thanked Mr. Saunders for coming for the interview.
WILLIAM N. DRAKE, In.
Mr. pickworth explained that Mr. Drake is presently the Assistant
City Attorney of St. Petersburg, a position he has held since October
1975.
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Mr. Drake explain~d that hts duties h~vo primarily been involved
in litigation representing the City of St. Petersburg and various
muntcipal employees as counsel of rocord in various personal in1ury
cases, civil rights, zoning and land-use regulation, real property,
contracts and some experience tn pension motters. He said he regularly
serves as legal advisor to the Environmcnt^l Development CommissiQn
(St. petersburg's Board of Adjustment for spacial exceptions nnd
related variances to the zoning code), pennion Boards (t~u5tees for the
five pension plans of the city including fire nnd police pension plans
~nd defe,red compensation plõns) i Assessm~nt Review Committee (admini-
strative body hearing citizen complaints r~gðrding special assessments
for local improvementn) i and the Civil Service Board. lie said he has
advised various city departments including the polico and Fire Depart-
ments, Planning, License and Inspections, Public Works, and Finance
Departments, lInd th~ Reùl Esti'lt/3 Division.
He said that while he has
not had experience directly with the City Councll he hùs lIdvised the
Environmental Dovelopment Commission for seven years which operates
along the same lines as the Council. Responding to Mr. pickworth, Mr.
Drake said that 70\ of his time is taken with litigation and 30\ in the
advisory capacity.
RÛÐ?ûödl~~ th~ rn~lrmi'ln wimer, Me. Drùkc said hc has aat in on
bond issues, however, he has not been responsible for final pleadings
or overseeing the issuonce of bonds. Be sl!id he has hðd experience
with utility department rotcs and fees but not fronchisos. He
descr1bed his responsibilities with the Environmental Development
Commission with reqard to dealing with land Uh" spcclðl exceptions.
Commissioner Krußc noted that Mr. Droke 1s a Captain in the U.S.
^rmy neS8rves and Mr. Drake said that he is assigned to the Reserve
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Ma y 2 (; , 1982
Componont Personnel Center. He said h~ is not involved in weekend
reserve meetings, however, ho is currently going through a course that
is designed to promote him to Mojor.
Responding to Chair~an Wimer, Mr. Drake said, with respect to the
differences between city and county governments in Florida, that citios
are corporate entities whereas ~ountles are political subdivisIons of
thp.: St.ato. lie said in a non-chllrter county there is less home rule
power nnd that charter counties have a little bit more authority and
po we r .
Responding to Mrs. Hora, Mr. Drake sòid he folt hIs strongest
points ðre his experience in mur1icipal government and his ~xper1ence in
litigation.
Chairman Wimer thanked Mr. Dr~kc for coming for the interview and
suggested he meet with Mr. pickworth who could give him details on the
operation of the County Attorney's office.
..*.*Commi~sloncr Kruse loft the room ðt 11:25 A.M.*····
FRlINK S. SAnTOLONE
Mr. pickworth explained that Mr. B~rtolone is presently Assistant
City Attorney of the City of Ooca Raton, Florida, a position he has
held 5in~e 1979.
Mr. Bartolone explained that as Assistant City Attorney he advises
most of the various municipal advisory boards and that h~ represents
the Engineering, Finance, Building and Community Development Depart-
menta and deals with elected offi~iðls. He Raid he handles half of the
litigation regarding land use and has litigated several contraband
forfeiture ðctions of vehicles and veasels that have boon used for
transport of contr.:'lbl.'lnd. lie stated that he attends most of the City
BOOX 069 PACt 211
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&OO~ Ci9 r~GE ~
MlIY 26, 1982
Council meotingd Dnd actively pðrticlp~t~u on most of tho items for
which he is responsible. Ho explained that he has validated a
$26,000,000 bond issuo for water/se~cr improvements and developed tho
forms for industrial d~veloment bonds. He s~ld he has not had much
experience with franchises, however, he has written two rate
ordinances. He explained that he basically ndvises the Planning and
Zoning Doard, writes the ordinûnces and handles the litigation. He
said the administrative staff of his office consists of the City
Attorney and himself. Responding to Chûirman Wimer, he explained what
ho sacs as the diffcrences between city and county government. He
described his current workload as heavy, adding that since October
1981, following 100\ asscssments, one full time assistant was removed
from his 0 f (i c e .
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Responding to Commissioner P!5tor, Mr. Dartolone said h~ felt
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confident he could allocate what is fair and equitable with regard to
water/sewcr franchises and sat ratús, adding that in Boca Raton the
rates are adjusted evcry year. lie explained his involvement with the
development of impact fees for road~.
Responding to Mrs. Hora, Mr. Bartolone said he fclt his strcngths
are his ability to work with elccted officials and to deal with various
departments. He said he would like to bp. a County Attorney because he
likes administrative law and it would add a new perspective to his
background. A discussion followed regording what the Commissioners
expect of the County Attorney.
Chð1rmðn WImer thanked Mr. Bartolone for coming for the interview
and ~uggested he meet with Hr. Pickworth wh~ c~uld give him an idea of
the general operation of th9 County Attorney's office.
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Mðy :Hi, 1982
Dl\VID M. WOI.P..!!:!.
Mr. Pic!(worth explained that ~r. Wolpin in the Assistant County
Attocnay of pðlm Beach County, ð position he has hcld since March )981.
Mr. Wolpln explained his primary duties as they lIrB involved with
the Palm Beach !ntornationðl lIirport which has grown considerably from
the mil1t~I[Y airport it originallY was. lie explained that he also
handles land acquisitions, developed contracts, ðgrecments, leases and
ordinances nnd advises various county boards. He stated that, in the
past, he has hðndled engineering matters involving county work projects
sllch as no'/ construction and ro.1ds to mJke sure the county is protec-
ted. Responding to ~r. Pickworth, he said his off.ice consists of the
County Attorney and six a99lstants. lie said thðt the County Attorney
is the only one who attends the Commission mcetings unless one of the
assistants hðS Dn item on which he has boen working, adding he has
attended the meetings when the County Attorney h~s been out of town.
Responding to Commissioner pistor, Mr. Wolpin said he handled
zuning mðtterS when he was First Assistant City Attorney for the City
of ^hllene, Texas, ~nd ðS the Assistant City Attorney for the City of
West Palm Beðch, Florida. He said he was vaguely familiar with utility
matters since thoro is one assistant in his 0ffice who handlcs the
utility matters. He agreed with Mr. Pickworth that hiß of (Ice Is
s pe cia 11 zed, .:I d din <J t hat II e h and 1 c :3 a b r 0 i'I d c r ð [!~ ð t h ð n ð n y 0 f the
other AssIstant County Attorneys and that much of th~ litig~tion which
he handles deals with 7onir.g. Responding to Ch.,irman Wimer, he said he
spends approximately 25\ of his time on litigation and 75\ advising the
various boards Dnd offices and prcpnr\ng leases, contracts and ordi-
nances. Chairman wimer Inquired why Mr. Wolpin made the change after a
short period o( ti~e as Assist~nt city ^ttorney for West p.,lm deach and
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Mr. Wolpin said that he WðS called by the County ^ttor~cy and invited
to apply for the position ....hlch he ultimðtcly received. He sðid ..,ftcr
five years in governmental law ho feels th~t he is well qualified for
the job of County lIttorncy. HE' descrihed his current office hours.
Responding to Commi5sioner pis tor, he said that he had a little
experience conc~rning bond validation, and he explained his familiarity
with Industrial Revenue Bonds. He gÐve Chairman Wimer letters of
rccommendðtlon.
Chalrm~n Wimcr thanked h~m for coming for the intervie.... and
suggested he mect ....Ith Mr. Pickworth ....ho could give him ð general idea
of the oporation of the County Attorney's office.
~***RECESS AT 17:05 P.M.
RECONVENED AT 2:00 P.M.····
DlINIEL R. VAUGH EN
County Manager Norman introduced Mr. Vaughen and explnined he is
Assi5tant County Attorney for Volusia County, Florida, a position he
has held since October 1976.
Mr. Vaughen said from 197fi to 19ï9 he was primarily responsible
for zoning, working on a complete revision of the zonin~ regulations
and savcr.Jl amcndr1!:.'nt!'1 to the subdivi5ion rcgulðtions, and advising the
Department of Publ1c Works. He said that since 1979, his responsi-
bilities have been primarily i~ the defense of litigation agðlnst the
count.y.
He described his experience in private general practice of law
in DeLðnd and the 3-1/2 year period of active duty with the U.S. lIrmy,
Judge ^dvocnte Gcncrðl's Corps.
Responding to Chðirmðn Wimer he described his experience with bond
validation, adding that he hod oß5ir.tance from outside bond counsel.
He said that Volusia County is self-insured for Work~r's CompensatIon
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and general liability ond that he haG handled tho defenso of those
claIms. 110 explðincd his advisory capacity for the Personnel
Dopartmont and Zoning Commissions and referred to II recent
constitutionðl challenge to the municipal service districts ðnd ð
contosted bond validðtion proceeding for which he WlIS responsible. He
doscribed the differences b~twcen chartor and non-charter county
government. He sðid Volusia County has seven commissioncre who are
elected from their o...·n districts which is different from Collier County
where the commissioners lIrc elected county-wide. He described his
involvement in an administrative proceeding with Florida power ønd
Light Corporation which resultcd in II ßettlcmcnt to move a one milo
wide corridor to the west.
Responding to Chðirmðn Wimer, Mr. Vaughen naid he has had no
experience in the area of wòter/sp.wer rate scttin~ and franchises. He
elaborated on his experience with anoth~r attorney in drafting tho
zoning ordinances which involvcd six scts of zoning regulûtions.
Responding to Mr. Norman, he elaborated on his experience with the
lawsuit involving municipal taxing districts. He explained his office
has ð county attorney and five assistants. Responding to Commissioner
piator, he explldned his work r¡~g.'lrding impact foes. lie said that the
Co un t y At tor n c y a t t P. n d s the C U If, hi i Co::¡ i ::;:-: r.: ~ ~ ': in'] q PI n <1 t h ð tin the are 1I 0 f
zoning, he had attended during the zoning hearings and lit other times
whcn there was ð matter in which he Wi'lß involved. Responding to
Chairman Wimer, he said he is now involved entlrcly in litigation and
previuusly his experience was almost entirely advisory.
Chairm~n Wimer thanked Mr. Vðughcn for coming for the lnt~rview
and sug~estcd he mcat with Mr. pickworth who could give him information
regarding the operation of the County Attorney's office.
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A short discussion followed regarding the appllcðnts.
It. W21 s the
consensus of thosc prencr.t that Mr. pickworth would contðct th& thre~
applIcants who genorated the Most interest and ask them if ~hey are
interested in the position, aftcr which Mr. pickworth, Mrs. Hara, Mr.
Reagan and Mr. Norman would check refcrûnccs. "discussion rcgarding
salary followed. Mr. ?ickworth said that ð speciðl mecting would necd
to be cal1nd to go over the findings and it ,..as the consensus of those
present that WednQsday, June 2, 1962 would be the Special Meeting of
the BCC and thðt the pross would bp. notified.
J\DJOUHNME:NT
There being no furthcr business to COI,le beforc the BCe, the
Workshop was ðdjourned at ~:45 P.M.
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