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BCC Minutes 01/09/1978 C r- - - - c:;: r=J Naples, Florida, JAnuary 9, 1978 LET IT BE KNOWN, that the Board of County Commissioners in and for the County of Collier met in CONFERENCE SESSION in Build- ing "F" of the Courthouse Complex, Naples, Florida, at 1:37 P.M. on this date with the following members present: VICE-CHAIRMAN: John A. Plator Thomas P. Archer David C. Brown Clifford Brown ABSENT: C. R. "Russ" Wimer ALSO PRESENT: William J. Reagan, Clerk; Harold L. Hall, Chief Deputy Clerk/Fiscal Officer: Debbie Pantano, Deputy Clerk; Donald Pickworth, County Attorney; Irving Berzon, Utility Director: and Fred Vidzes, Executive Director Big Cypress Basin Water Board. AGENDA -- I. Discussion of Resolution Providing for Payment of Attorney's Fees for County Employees in any Civil or Criminal Action Arising as the Result of any Act Performed in the Line of Duty. II. Golden Gate Canal Status Report III. Discussion of Proposed Legislation for Golden Gate Redevelopment, submitted by Big Cypress Water Nanage- ment Board. IV. Immokalee Water/Sewer District - Execution of Option Agreement for Purchase of Sewage Treatment Plant. V. Discussion of Proposed County Manager Ordinance and Job Description. VI. Discussion of Policy with Regard to Recreating the County Water/Sewer District. Vice-Chairman John Pistor explained that Chairman Russ Wimer would be absent for the Conference Session. Vice-Chairman Pistor indicated that he would like to make chdnges in the Agenda being that the County Attorney had to leave shortly for an appointment but that he would be back later. Vice-Chairman Pistor stated that Item E would be discussed first, then Item D, then Item F. 66 bk 40 . -TlJr " ',..:: ;/ 87 bk 40 January 9, 197B DISCUSSION OF RESOLUTION PROVIDING FOR FEES FOR CCJNTY EMPLOYEES IN \NY CIVIL ING AS TilE RESULT OF ANY ACT PERFORMED BE REVISED ,'\ND BROUGIlT BACK BEFORE THE PAYMENT OF ATTORNEY'S OR CRIMINAL ACTION ARIS- IN THE LINE OF DUTY - TO BOARD Attorney Donald Pickworth made the presentation of the resolu- tion by first stating that the resolution was numbered as R-78-l. Mr. Pickworth said that the biggest limitation of the resolution was that, especially in the case of a criminal action, the individual would be acquitted or in some way judged "not guilty" on the merits. Mr. Pickworth stressed that it would not mean an individual would be acquitted by "technicality" where there would still be doubt as to whether the individual did or did not do the particular act com- plained of. Commissioner Thomas Archer ^sKed Mr. PiCKworth if thia resolution would cover the alleged charges that had been brought again~t the Board by Mr. George Matthews, for instance. Mr. Pick- worth e~plaincd that the resolution did not include the Commissioners. He stipulated th,1t someone like himself or Mr. Berzon would be con- sidered a County offic~r and his secretary would be considered a County employee. Mr. Pickworth further stressod that this was not an employee benefit, it is il County benefit. Mr. PiCKworth stated this resolution would benefit the County by describing a situation where a County employee had been brought up on charges of "Assault and Battery" by a private citizen who then proceeded to file a Civil suit against the County. Mr. Pickworth explained that if the em- ployee is acquitted on the Assault and Battery charge it would prevent a Civil Liability suit against the County. Vice-Chairman Pistor moved that the resolution be put on the Regular Agenda of January 10, 1978 for approval. It was seconded by Commissioner Brown and unanimously carried 4/0. GOLDEN GATE CANAL STATUS REPORT - MESSRS. PICKWORTH AND BERZON AND ANY MEMBER OF THE BOARD AUTHORIZED TO ATTEND GAe MEETING IN TALLAHASSEE County Attorney Pickworth pointed out that there is a potential problem involved in the Agreement made between the County and GAC I' 1 - January 9, 1979 concerning the acceptance of the Golden Gate roads and canals and that is t~e possible dif~iculty of obtaining the permits required for GAC to do this work. Ile said that if this problem stands in the way of GAC doing the work as planned, the Agreement should be reviewed. Further, said Mr. Pickworth, the Department of Environ- mental Regulations and the South Florida Water Management District are now reviewing the situation concerning the permits regarding such matters as who will have to apply for the permits, the con- ditions, if any, attached to the permits, and the like. Mr. Pick- worth furt.her ~Lated thilt a meeting wall "chp.rlul"d for Thursday, January 12th in Tallahassee between representatives of GAC and the Department of Environmental Regulations, a representative from the Army Corps of Engineers and also a r~presentative of Collier County. Mr. Pickworth requested authorization for himself and Utilities Director Irving Derzon to attend the meeting because it is important t.hat. t.he County be aware of the permit requirements of the variou~ agcncie:> an they may htive an affect on whel:her or not the Agreement can be performed. Mr. Pickworth stressed that no action would be taken by himself at the meeting, he only wanted to be in on the dis- cussions. Mr. Aerzon stated that it might be possible for the County to be on the same side as GAC in this matter in terms of the County having to back GAC so that G~C can carry out their obligations under the agreement. Commissioner Thomas Archer askod if thi.:; particular action was being pressed by DER. Mr. Derzon said that the DER was officially taking another look at the situation with an attorney reviewing the whole thing as to what really was going to be required from their part as well as the Federal agency. Commissioner Archer wanted to know if DER is willing to pay the price if DER got the County into the position where there is a default in the Agreement. Mr. Derzon said he felt that Collier County should not be the "goat" in this situation. Commissioner Archer suggested that a member of 68 bk 40 119 bk 40 January 9, 1978 the Baard accompany Mr. Pickworth and Mr. Berzon to the meeting. Mr. Pickworth stated that the Executive Director Big Cypress Basin Water Board, Fred Vidzes, would also be attending the meeting and that it was a good suggestion for a member of the Board to accom- pany them. By Direction of the Chair, the County Attorney, Utility Director, and any member of the Board was authorized to attend the meeting in Tallahassee and to report back to the Board further on the matter. .. .. .. .. .. .. .. .. .. .. .. ". .. .. At this point in the meeting, Mr. Pickwort.h and Mr. Reagan left at 1:55 P.M. for a previous appointment stating that they would re- turn. .. .. .. . . .. . . . .. .. .. . .. DISCUSSION OF PROPOSED LEGISLATION FOR GOLDEN GATE REDEVELOPMENT, SUBMITTED BY DIG CYPRESS.WATER MANAGEMENT BOARD ---- Commis!'lioner Thomas Archer asked if there were any changes in the proposed legi!'llation at the meeting or Basin Board. Utility Director Irving Bcrzon st,1ted that nothing ~l.Is been proposed at the meeting. Vice-Chairman John Pistor said that the matter was LUUleu over Lo the Golden G.:lte E:;t.:!tc:; Study Committee for th~ir fur~her consideration and then to be brought ba~k to the Board. Mr. Bcrzon explaincd that at a meeting in September, 1977 between Golden Gatp. Stpcring Committee and GAC and other interested parties one of the outcomes was the possibility of developing an authority which could take on thc job of redeveloping the Golden Gate Estates area; since then, officially, nothing has happened. Mr. Berzon further stated that Mr. Fred Vidzcs, Executive Director of the Basin Board, took it upon himself to take the initiative and going one step further and drafting the proposed legislation. Mr. Berzon stated that at the time the proposed legislation was drawn up. it was not intended by Mr. Vidzes of the Basin Board that it would be r ., January 9, 1978 the finnl proposal. Mr. Berzon said he got the impression from the meeting of the BaBin Board that the plan was far too extensive and had far too many powers for what had to be done; in other words, it is in th~ premature state. Due to lack of time to finalize the details, Mr. Berzon said he felt that for the present, it would not go any further other than just something to be considered and possibly brought back before the Board at another time. Mr. Fred Vidzes c~me before the Board and said that he really could not add too much to what Mr. Berzon had stated other than the fact that he had heard from Bill Hinkly that DER will talk about this matter at the me~ting on Thursday. Mr. Vidzes said he felt that the Basin Board would not take any further action on the matter. Commissiuner Archer stated that if legislative action became necessary in this situation it could run as much as 250-300 million dollars to do the type of Golden Gate Development as outlined in the proposal. Mr. Vidzes pointed Ollt that one of the things that the proposed bill was aiming for was to provide the sponsorship role at the local level in the event that Congress authorized the Court to conduct ~ fe~si- bility stUGY. Mr. Vidz~s said he hoped that the study would be con- dur.ted within the next few years. Vice-Chairman Pistor stated that he had th~ imprPRsion from Friday's meeting of the Basin Board that something will be proposed that would authorize the formation of a Board or an authority type at some later date if deemed necessary. II was agreed by everyone that this proposal was still in its early stages and no action was required to be taken by the Board at this time. I~~OKALEE WATER/SEWER DISTRICT - EXECUTION OF OPTION AGREEMENT FOR PURCHASE OF SEWAGE TREATr-tENT PLA:,T - TO BE ADDED TO AGENDA FOR REGULAR SESSION ON JANUARY 10, 197B Utility Oirector Irving Berzon stated that the two options that are required by the FHA for the land that will serve as the site for the sewage treatment plant are expiring, one at the end 90 bk 40 . 91 bk 40 January 9, 1978 of this week, the other at the latter part of next week. Mr. Ber- zon s~id that a problem has resulted in trying to get extentions on these options because the owners of the land had made previous commitments for the land and felt that they could not afford to extend the options without some sort of consideration. Mr. Berzon pointed out that the bonds were not validated and stressed the fact of the consequences if the Board tried tv borrow money in anticipa- tion of that validation. Mr. Berzon felt it would be very imprudent for him or anyone else to recommend to the Board to borrow from the General Fund or to authorize any other borrowing for the purchase of the~('? lilnds. Mr. rJerzon said that one of the landowners had told him that he would give the extension of the option; however, the price would go from $120,000 to $132,000 for si: months. Mr. Berzon said the lilndowner felt thilt it would be a compens~tion for the time that the option h~s been sitting and not been executed and the increase in price is basically an interest on the money for the ncxt six months. Commi",.,ioner Wenzel suggested that the County buy the land with no ,;Lipulated U8e for it and then sell it to the Irmnokalee Water/Sewer District. Mr. Bcrzon said it would be possible if the County has adequate funds; another choice was given by him that the County buy the land (put up $30,000 in cash now) at 6\ interest on the unpaid balance up until the time of closing. Mr. Berzon explaine, that it would be a smaller expendit~re from the County funds and the additional interest money on that would then be charged against the Irmnokalee Water/Sewer District. Mr. Berzon suggested that the Board discuss the matter with the Fiscal Officer who would be more capable of telling if it would be feasible for the County to make such a pur- chase. Commissioncr Brown stated he was irked at the matter and aske Fiscal Officer Harold Hall if the funds would be available to payoff the landowncrs and not take a penalty. Fiscal Officer Hall stated that the funds were available from the General Fund but that very January 9, 197B quickly the Board would be making choices as to what the rest of the funds were to be used for as the General Fund probably would not last through the whole year and the County would be forced to take out 11 loan until more funds were collected from taxes. Mr. Ilall said it did not seem appropriate to purchase the land until an appraisal was received. Mr. Berzon stated that the Appraiser was late with this particular information. Mr. Hall said he felt it would be to the financial benefit of the Immokalee Water/Sewer District for the Board to acquire that land without incurring addi- tional cost on it if funds were available. Commissioner Wenzel asked about the terms of the agreement. Mr. Berzon stated that originally it was $3,OOO/acre and there are 50 acres, cash, and there would have been no problem had the bOllds been validated at that time. Some discussion followed regarding purchasing the land and the method of going about borrowing the money to do so. Vice- Ch"it-man Pistor <,wked ~1r. !Iall to get quotes as to availability of funds and interest rates on loans and stated that the good faith of the County will secure the 10.1n. Commissioner Archer made a motion that the item be placed on the agenda for Regular Session to be held on J"nuary 10, 1978. Commissioner Brown seconded the motion ill1d was carried unanimously 4/0. DISCUSSIO~ OF PROPOSED COUNTY MANAGER ORDINANCE AND JOB DESCRIPTION - TO BE REVISED AND BROUGIlT 1l1\CK BEFORE TilE BOARD ON JANUARY 3l, 197B Commissioner Thoml15 Archer began by stating that the main pro- blem in hiring a County r'~l1nagcr is that the Board has to determine what kind of lIuthori ty they ,1ro going to give to the man they hire. Vice-Chairman John Pistor noted that an ordinance would have to be adopted in order to carry out the job description of the County Manager with the authority to carry out certain rcsponsibilites. Commissioner Archer questioned whether the proposed ordinance was not a copy of an ordinance adopted in 1976. Mr. Hall replied that it was a job description that was adopted. 92 bk 40 93 bk 40 January 9, 1979 At thin timc a 10-minute recess was called - 2:30 P.M. to 2:37 P.M. During thin time, thc County Attorney and Clerk had returned. . . . . . . . . . . . . . . The meeting was called back to order and Vice-Chairman Pistor explained to County ~ttorncy Pickworth and Clerk Reagan about the di~cussion that had takcn placc before they arrived. Mr. Pickworth referred to Part 3, Chapter l25 of the Florida Statutes entitled County Administration and Raid that if tho Board wishes to estab- lish a County Administrator with powors and duties as described in the statute, it i5 necessary to pass an ordinance. Mr. Pickworth stressed the fact that unless the Board of County Commissioners adopted an Act nimilar to the onp of the Florida Statutes, they would have 1~G5 power to delegate thc duties to the County Adminis- trator. Mr. Pickworth thcn explained that an ordinance was neces- sary in accordance with the Act. It was discovered that the Board did not have the updated verRion of the proposed ordinance. Mr. Pickworth ~tatcd that a claune had been added and explained that it was a "limiting clause" and without it the ordinance could be construcd to give tl,c County Manager authority over all County Commissi,on employees. The clause gives the BOdrd the right to its own staff. Vic~-Ch~;rman Pintor questioned whether the Board should advertise to adopt the proposed ordinance. Commissioner Archer stated that the ordinancc should not be advertised until the Board has more of a chance to review the powers and authority that would be given to the County Administrator as a result of the ordinance. Vice-Chairman Pistor asked for Mr. Reagan's opinion on the ordinance. Mr. Reagan pointed out that there are a few conflicts within the ordinance, namely Sections D, E, and I pertaining to the budget. He stated that according to the proposed ordinance, the County Mana- ger would also be preparing a budget and there would be a duplication January 9, 1978 uf services. Commin::;ioner vlcnzel suggested that the County Manager coordinate ris ~taff to c00perate with the Clerk's office in the preparation of the budget. Mr. Pickworth cited a case from the Supreme Court in which the outcome was that the Clerk, as County Auditor, has responsibility for the preparation of the initial budget for consideration by the Board: the County Administrator's respon- ~ibility for preparing the budget extends only to those Departments responsible to the Doard and which are under jurisdiction to the Board. Commissioner Archer pointed out that it would do no good to adopt the ordinnnce unleRS a Doard policy and/or guidelines have been set up which gives the authority to the man they hire to do the func- tions and iuties. Commissioner Brown asked about the County Manager's power of hiring and firing referring to the road-building program the County was about to undertake. Commissioner Brown pointed out the f.,ct that the ne\" County 1111nager may abuse this power and hire more people than absolutely necessary. Mr. Ocrzon pointed out that who- ever is hired as County Manager more than likely will follow the Personnel Policy. Vice-Chairman Pistor stated that the County Manager would have to live witll!n the budget set down which would put certain limit.:\tions on his power of hiring. Commissioner \~enzel suggested that the County Attorney and Clerk get together and resolve any con- flicts in the job description that w.:\s adopted in 1976 and then re- port bnck to the Board for further consideration. Vice-Chairman ristor brought back the question of Sections 0, E, and I which is in conflict with the Clerk's job and asked if it should be left out entirely. Mr. Pickworth stated that depends on \<"h,1t interpretation was given to it. He said it would not be the County Manager's place to interpret it but the Board's perogative. Vice-Chairman Pistor s~ated that he would like the wording changed by Messrs. Pickworth and Reagan in the place where an outsider could not misinterpret the meaning even though the naard is aware of the mcuning. CommissLoner Orown expressed his de- sire for Mr. Bcrzon to work with ~'Ir. pickworth and ~Ir. Re<lgan on the 94 bk 40 95 bk 40 .Jan\lllry 9, 1978 working of the ordinance. A lengthy discussion followed concerning the aspects of the County Manager's job description. It was decided th~t Mr. Pickworth, Mr. Reagan, and Mr. Berzon get together to revise the ordinance and bring it before the Board on January 31, 197B for further consider~tion. DISCUSSIO~ OF POLICY WITII REGARD TO RECREATING THE COUNTY WATER/SEWER DISTRICT - TO BE PL,\CED mJ THE AGENDA FOR REGULAR SESSION ON .J/l.NI1ARY 10, 1978 TO BE RE,\~VERTISED F?R PUBLIC IlEARINC County Attorney Pickworth began the presentation by stating that there has to be several changes in the proposed ordinance and there- fore must be readvertised. Mr. Pickworth stated that the original boundaries would be maintained with the exception of Pelican Bay which was excluded by a Special Act of legislation in 1974. Mr. Pick- worth said that people who are not on water or sewer system presently constructed or being constructed have a fear of being taxed by this district for improvement which will be for the benefit of someone else. He stated that the District has never used ad valorem taxes to fund im?rovements but rather the funds came from revenues and assess- monts derived from the ones who would bcnefit from the improvements. Mr. Pickworth felt it would be wise to state it officially in case it becomes necessary to raise funds through ad valorem taxation to support the projects of the district; this can be d0ne through the establishment of municipal servicc tax districts, the boundaries being those lands which would be specially benefited by the improve- ments to be constructed. Mr. Pickworth said that if it is agreeable with the Board he will draw up the appropriate resolution or policy that would be the governing policy in the cstablishment of the dis- trict. Vice-Chairman Pistor called for discussion and the Commis- sioncrs agreed on ~lr. Pickworth's request. Vicc-Chairman pistor asked how soon the propospd ordinance could be advertised for dis- cussion. ~lr. Pickworth replicd the ordinance would be prepared for the meeting thc ncxt day, January 10, 1978, to be readvertised for public hearing. I January 9, 1978 There being no further business for the good of the County the meeting was adjourned ~)y direction of the Chair. Time: 3:35 P.M. 96 bk 40