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BCC Minutes 03/05/1991 R Naples, Florida, March 5, 1991 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 according to law and havin9 conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: VICE-CHAIRMAN: (Absent) Patricia Anne Goodnight Michael 3. Volpe Richard S. Shanahen Max A. Hasse, Jr. Burr L. Saunders ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance Director; Ellle Hoffman and Wanda Arrighi, Deputy Clerks; Nell Dotrill, County ManaGer; Ron McLemore, Assistant County Manager; Ken Cuyler, County Attorney; David Weigel, Mark Lawson and Richard Yovanovtch, Assistant County Attorneys; GeorGe Archibald, Transportation Services Administrator; Frank Brutt, Community Development Services Administrator; John Boldt, Water Management Director; Leo Ochs, Administrative Services Administrator; Guy Carlton, Tax Collector; Mike McNees, Budget Director; Robert Fahey, Solid Waste Director; Bill Lavetry and Robert Lord, Planners; Sue Filson, Administrative Assistant to the Board; and Deputy Byron Tomltnson, Sheriff's Office. Page 1 Tape #l Itel ~ e.. C~t.eloner $aunder. ab,ent a, reflected in 4/0 rot,. AGENDA - APPROVED WITH CHANGES March 5, 1991 Co~]aisstoner Shanahen moved, seconded by Commissioner Hesse and carried 4/0, that the agenda be approved with the following changes: Item #10B - Confirmation of previous vote authorizing $15,000,000 Collier County, Florida Tourist Development Tax Revenue Bonds (Original presentation February 19, 1991 - Requested by County Attorney). Item #6Cl - Petition PDA-89-16, Barbara Henderson Cawley of Wilson, Miller, Barton and Peek, Inc., representing Amnon Golan, Trustee for Orangetree Associates, requesting amend- ments to the Orangetree PUD located on the east side of C.R. 846 - Continued to 3/12/91. (Requested by Petitioner and Staff). ;;;. Xtem CONSENT AQENDA - APPROVED AND/OR ADOPTED The ~otion for approval of the Consent Agenda is noted under Item CL~RE ' $ REPORT - APPROVED ?he ~ottons for approval of the Clerk's Report are noted under Iteu ~11A1, ~11A2 and ~11A3. Item #~A GLZNN PRICE RZOOGNIZED AS EMPLOYEE OF THE MONTH FOR MARCH, 199! Cou~,sioner Ooodnight pre~ented Qlenn Price of the Environmental Services D~vie~on with an Exceptional Performance plaque and a $50 c&~ award. She congratulated him and thanked him for him dependency and dedication to Collier County Government. Ite~6C2 ORDII~.NCI 91-23, AMENDIN~ THE COLLIER COUNTY PARKIN~ ORDINANCE - ADOPTED SUBJECT TO AMENDMENTS Legal notice having been published in the Naples Dally News on January 24, 1991, as evtden:ed by Affidavit of Publication flied with the Clerk, public hearing was opened to consider an ordinance amending Collier County Ordinance N~.. 80-47, as amended, the Collier County Parking Ordinance. Page 2 Hatch 5, 1991 Assistant County Attorney Yovanovich explained that at the last Legislative Session, Section 316.1967(6), Florida Statutes was adopted. He indicated that this Section requires that counties adopt an ordinance directing the Clerk of Courts to provide the Department of Highway, Safety add Motor Vehicles with a magnetic encoded tape which lists persons who have not paid parking violations relating to the handicap ordinances. Assistant County Attorney Yovanovich reported that the ordinance aS drafted, includes a procedure whereby the Clerk may notify the Department of people with three or more outstanding parking viola- tions. He noted that this provision is permissive, but it is not required that counties adopt this procedure. Assistant County Attorney Yovanovich affirmed that the procedure regarding the handicap parking violations is required to be adopted by counties, with the Clerk providing the pertinent information. Assistant County Attorney Yovanovlch stated that there are some minor housekeeping amendments in the ordinance. Commissioner Hasse voiced concern with people who are not han- dicapped, but utilize the handicapped parking places and suggested that these fines be increased. Attorney Yovanovich replied that fines are not addressed in the amendment, noting that he merely incorporated what the State Legislature mandated. County Attorney Cuyler advised that he understands that the Handicapped In Action will be requesting that this item be continued so that they may provide additional information relative to fines, etc. He indicated that he has informed this group that it wl]l be the Board's discretion whether to continue or move forward on this ordi- nance, but that this is statutorily required. Commissioner Shanahan stated that he has no problem with moving ahead with the mandated pot%ion of the ordinance but raised a concern regarding the unmandated portion of same. He noted that it is almost impossible for the Tax Coll~;cor to implement a program to support this provision and it would place an unnecessary burden on him. He O~C~ 08 Page 3 March 5, 1991 suggested that the mandated and unmandated portions of the ordinance be separated. Commissioner Hasse mentioned that there are many people driving around with 40 or 50 unpaid parking tickets and if they were paid, this would remove a burden from the taxpayers. Commissioner Volpe reported that he has no problem with Commissioner Shanahan's suggestion to separate the mandated from the unmandated but questioned the magnitude on an annual basis of the tickets that have been issued and are not collectable. Clerk Giles replied that in 1990, parking fines levied by the County were $31,000 and approximately $22,500 was co.11ected. He noted th&t the County does not have a terrific amount of metered parking that the City of Naples has. He indicated that he is not certain of the number of persons that have violated the parking ordinance 3 or more times. Mr. Paul Rousseau, representing the Handicapped In Action, requested that the Commission postpone the adoption of the ordinance so that the various groups could come back with a comprehensive plan to address the situation of handicapped parking. He Indicated that 76~ of these fines are being collected, but noted that he would like to conduct a study to determine who the 24% are that are not paying the fines, i.e. rental cars. He suggested that a workshop be sche- duled in this regard. Commissioner Shanahan stated that he has no problem obtaining Input from the various groups to educate the public but questioned the length of time that would be needed to produce an analysis. Mr. Rousseau replied that he believes that four weeks would allow a suf- itclent amount of time. ~ County Attorney Cuyler expl ned that the two issues may be separated for purposes of ct,nsi~ration and recommended that the Commission adopt the ordinance ~oday and after obtaining the report from the Handicapped In Act J.%l, !urther direction could be given. Tax Collector Carlton related that he bel.ieves that the Commission Page 4 March §, 199! should address the mandatory portion of the ordinance today and then receive input relative to the concerns of the handicapped. He recom- mended that the Commission not accept the permissive portion of the ordinance since it is discriminatory in nature and inefficient by design, He advised that he has no problem with the mandatory provi- · sion of the ordinance. In answer to Commissioner Volpe, Clerk Giles stated that the han- dicapped portion of the ordinance is mandatory and noted that he is obligated to provide the pertinent information regarding violators to the Department of Motor Vehicles, He noted that he will be providing a magnetic tape to the Department on a monthly basis, and they will effectively flag those car owners that have reached the maximum of three violations and the Tax Collector w]]] b{? adv~,ed not to renew registrations or tags until those persons have paid their fines and have received certification from the Clerk's Office. There were no other speakers. C~mmissioner Shmnahan moved, secondsd by Commissioner Hasse mnd ¢mXT~ed 4/0, to close the public hearing. Commissioner Shmn&hmm moved, seconded by Commissioner H&sse and ¢~xT~ed 4/0, that the mandatory hand~capped portion of the Ordinance mm n~ambered and titled below be adopted, and entered into Ordinance Book Ng. 43: ORDINANCE 91-23 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 80-4?, AS AMENDED, THE COLLIER COUNTY PARKING ORDINANCE, AMENDING SECTION THREE, DEFINITIONS, BY DEFINING DEPARTMENT AND TRANSPORTATION SERVICES; REVISING SECTION FOUR; REVISION SECTION FIVE; REVISING SECTION SEVEN; REVISING SECTION NINE~ REVISING SECTION TEN; ADDING SECTION 13 ENTITLED PARKING FEE SCHEDULE; ADDING SECTION 14 ENTITLED OUTSTANDING PARKING VIOLATIONS, REQUIRING NOTIFICATION TO THE DEPARTMENT OF HIGHWAY SAFETY AND MOTOI{ VEIIIC[,ES OF OUTSTANDING PARKING VIOLATIONS; RENUMBERING SUBSEQUENT SECTION: PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Z~em ~SA MARTZX ~LLIS ~PRESENTIN~ ~OWARD C. & IRENE L. HOOL R~ARDING PUBLIC N~ISANCE ON LOT 25, BLOCK 7, NAPLES MANOR EXTENSION - PETITIONER TO PAY ABATEMENT COSTS AND ADMINISTRATIVE FEES IN THE AMOUNT OF ~425 Mr. Martin Ellls of Prcf.'~sslonal Realty Consultants, Inc., stated that Mr. and Mrs. Hool received a nuisance from the County on April March §, 1991 "25, 1990. He explained that he became Involved with this situation on May 5, 1990 when he was the rental and property manager for Century 21 Realty Co. He reported that when he was assigned as agent for the subject property, he discussed the citation with the tenants and had the nuisance abated. Mr. Ellis pointed out that Code Enforcement staff did not make an immediate follow-up inspection and in the meantime, the tenants vacated the premises and left trash and debris. He noted that there were actually two nuisances involved, but the amount of the original ¢itatiorl continued to increase including administrative fees and the total is now $425. He affirmed that a neighbor has testified to the fact that the original nuisance had been abated. He explained that if the owner had received notification regarding the second nuisance he would have abated same. Community Development Services Administrator Brutt advised that on April 23, 1990, two violations were noted. He remarked that t]'e Notice of Violation letter which was sent on April 25th, identifies tWO violations: accumulation of mowable vegetation in excess of 18" in height; and accumulation of garbage, trash and liquid wastes. He disclosed that receipt of the letter was returned and signed for by Mr. Hool. He revealed that reinspectJon took place on May 25, 1990 and noted that the trash still remained on the property but the overgrowth had been mowed down. He indicated that the property owner was given adequate time to clear the lot of the trash. Mr. Brutt stated that bids to remove the trash from the property were received from two contractors and they identified that a couch, mattress, several broken chairs, etc. were on the lot as of June 12, 1990. Me revealed that the bid was awarded to Scott Macnicol Tractor Service for the amount of $225. He noted that the owner was billed $325 from June 13, 1990. Mr. Brutt advised that in October, The owners agent, Mr. Ellis met with staff to resolve the hK.%ter and there were conversations to the fact of whether the'trash was actually there or not, but there was no Page 6 March §, 1991 · .': substantiation that the trash was not there when it had been origt- nally cited. He recalled that this matter was presented to the Commission on January 22, 1991, and a resolution was adopted relative to the owners paying the costs or placing a lien on the property. In answer to Commissioner Hasse, Mr. Brutt replied that the cost to do the work was $225, plus an additional $200 in Staff fees which have been far exceeded by the amount of work involved in this par- t~cular case. Mr. Ellis stated the orlginal nuisance was abated some time during the middle of May, 1990 but the owner continued to get bills from the County. Mr. Brutt indicated that at the time Mr. Ellis met with staff, a reqn/est was made for a notartzed statement from the tenants indicating that the trash had been removed but staff did not receive vertfica- t Ion. Commissioner Shanahan questioned whether this is a situation to waive the $200 administration fees and collect the $225 that was paid to the hauler, to which Mr. Brutt replied in the negative, noting that staff has expended more than the $200 in the amount of time that has been spent on this particular case. Commissioner Hasse moved, seconded by Commissioner Volpe and carried 4/0, to support staff's recommendation with respect to ~he &bate~ent and ~d~ntstrative fees. Xtem ~9A1 STAFF TO PREPARE AN AMENDMENT TO REPEAL THE AFFORDABLE HOUSING PROVISION8 OF ZONING ORDINANCE 82-2 Community Development Services Administrator Brutt stated that this is a housekeeping item. He requested direction for staff to amend the Zoning Ordinance by repealing Section 7.27, Subsection F.6, "Multi-Family Entry Level Rental Housing Areas", as a result of the adoption of Affordable Housing Ordinance on November 27, 1990. Mr. Brutt explained that the definitions as previously used, have Page 7 March 5, 1991 Co~lesioner Hasse moved, seconded by Commissioner Shanaban and carried 4/0, that staff be directed ~o prepare ~ ~en~en~ to Section ?.2~ of Ordi~ce No 82-2 ~o repeal Subsec~ion F.6, ~ ~el Rental Housing Areas" ~d presen~ s~e to ~he Co~lssion. Xt~ ~A2 CO~X~ CO~ ~S~NSE TO A~UBON SOCIE~ D~~ ~TIONS C~L~GE - SC~D~E FOR PUBLIC ~ING DATES ~~ ~ ~AWGES Growth Management Planner Lavetry advised that this item is to address a recent challenge put forth by the Audubon Society. He indi- cated that upon adoption of the Growth Management Plan on 3anuary 10, 1989, the County commit, ted itself to adopting thirty Land Development Regulations (LDRs) required by the Florida Statues, by August 1, 1989. He reported that as of March 5, 1991, twenty-six LDRs pursuant to Chapter 163.3202 F.S. have been adopted including several LDRs that are environmental in nature. Mr. Laverty stated that the Audubon Society has raised allegations regarding land use regulations contained in the Conservation and Coastal Management Element. He revealed that the Audubon Society notes that certain objectives and policies which they term LDRs have not been implemented in accordance with dates stated in the Growth Management Plan. Mr. Laverty called attention to Attachment "B" which reflects the various objectives and policies that the Audubon Society is challenging. He revealed that staff contends that all required LDRs in the Conservation and Coastal Management Element with the exception of two, have been adopted. He remarked that the two remaining LDR's for environmental issues are the Groundwater Protection Ordinance and an ordinance regulating the use of septic tanks serving industrial and manufacturing activities. Mr. Laverty disclosed that Chapter 163.3202 lists eight categories for which LDR's must be adopted, as provided in Attachment "C" He indicated that this Chapter ~lso requires that the regulations under this section be adopted no later than one year after submission of the Page 8 March 5, 1991 Plmn to the Department. He noted that the County submitted its Plan to the Department on August 1, 1988, thus requirinG that the LDRs con- tain an adoption date of no later than August 1, 1989. He stated that if an objective or policy does not contain the deadline of August 1, 1989, they are not LDRs under this particular section. Mr. Lavert¥ explained that Collier County is required to provide the Department of Community Affairs (DCA) with an adoption schedule for any outstanding LDRs and must adhere to that schedule or the Department will initiate action in Circuit Court. Mr. Laverty advised that he will be presentinG a schedule for those LDRs that had an adoption date of August 1, 1989 but have not been adopted. He pointed out that some of the objective dates cited by the Audubon Society which they contend to be LDRs are clearly programmatic in nature, are not LDRs and do not require ordinances pursuant to the definition in Chapter 163. Calling attention to Item #9 in the Executive Summary, Mr. Lavetry advised that a schedule must be adopted for the following outstanding LDR's: 1. 2. Groundwater Protection Ordinance Unified Land Development Code 3. Airport Noise Zone Ordinance 4. Group Home and Adult Congregate Living Facility Ordinance 5. Protection of historically significant properties Mr. Lavetry stated that Attachment "D" lists proposed public hearing dates for Collier County Growth Management Plan Land Development Re~ulations. He revealed that he has had several conver- sations with staff and would like to recommend a change to the pro- posed dates. He indicated that the Technical Advisory Committee will be requesting a two month extension to complete their work regarding the Untlled Land Development Code. Mr. Lavetry requested that the first public hearing date for the Unified Land Development Code be held on October 1, 1991; second public hearing to be held October 15, 1991; final public hearing date, if required, no later than .;?vember 5, 1991. With regard to the Groundwater Protection Ordinance, Mr. Laverty Page 9 March 5, 1991 requested that the first public hearing be held on July 23, 1991; and the second public hearing to be held on August 8, 1991. Commissioner Volpe remarked that these public hearings are to be held in the evening, and he suggested that these meetings be held at 6:30 P.M. or 7:00 P.M. to allow the working public an opportunity to participate. A discussion took place relative to the proposed evening public hearings that are scheduled for Tuesdays and because of the length of the regular Board of County Commissioners meetings, it was the consen- sus of the Commission that the hearings be scheduled for, i.e. the week of October 14, 1991 rather than the specific date o~ October 15, 1991. Dr. Keith Waterhouse cited that Policy 12.1.1 states that by August 1, 1990, there are to be regulations concerning land alteration activities to ensure the conservation, sensitive reuse, preservation of significant historic and archaeological resources, or appropriate mitigation in accordance with state standards, and this is not being done. He noted that Collier County is the only county in South Florida not to have complied. He pointed out that he appeared before the Commission in October, 1989, requesting protection of the eviden- ces of the past and Staff was instructed, at that time, to prepare an o~dtnance to that effect. He recalled that at the same meeting, he noted that the Southwest Florida Archaeological Society would seek financing for a survey of the archaeological sites in Collier County. He announced that an agreement has been received from the state and will be signed this week, and the Archaeological Society will match funds fo~ a $20,000 survey to be conducted. He ~evealed that the survey should be completed by 3uly or August, 1991. Commissioner Volpe stated that it appears that the survey would be a prerequisite to the actual finaltzation of an ordinance relative to the p~eservation of historical sites. Dr. Waterhouse indicated that the development of the ordJ~%'zce is separate from the archaeological work to produce the map, and the language of the ordinance merely Page 10 March §, 1991 needs to reflect that a map of sensitive areas will be provided by Collier County. In response to Commissioner Shanahan, Mr. Lavetry advised that staff's original approach was to amend the Zoning Ordinance and the Subdivision Regulations, but when presenting same to the Collier County Planning Commission, staff was instructed to further review this matter. He noted that when staff requested additional direction from the Board of County Commissioners, the Public Services Division was assigned the task of drafting the ordinance. He stated that Ron Jamro of the Museum, feels that he has gone as far as he can, pro- fesslonally. He related that he believes that staff can iron out any differences in a timely manner, and present a draft ordinance by June 4, 1991. Mr. Arthur Lee, Southwest Florida Archaeological Society Trustee, advised that there is a survey on hand that was conducted 3 or 4 years ago but because of inadequate financing it is not very thorough. He affirmed that he is pleased to learn that the direction of the ordi- nance is placed somewhere other than the museum. He suggested that smaller properties also be considered for examinations of sensitive properties during the permitting process in addition to regulations for land alteration for public utilities. He indicated that this would take adequate care of the developers to enjoy the resources available to them, i.e. setbacks, tradeoffs and green space provi- sions. He reported that something similar to the overlay process that is used for special treatment areas could De utilized and if this is done adequately, Collier County could be available for cer- tification as a Certified Local Government and this would open up add- Itional sources of funding from the State for historical preservation purposes. Ms. Eileen Arsenault, representing Collier County Audubon Society, questioned whether the County Attorney's Office concurs with Mr. Lavefry's openinG remarks relative to the deadline dates. Page 11 March §, 1991 County Attorney Cuyler replied that Assistant County Attorney Student has reviewed all the Chapter 163 considerations and she con- curs with 8taff's evaluation of same. Ms. Arsenault stated that Collier County is the fastest growing metropolitan area of the country. She indicated that her reading of DCA's response letter relative to the Audubon Society's letter did not specify that these regulations can be programmatically worked in. She revealed that she is under the impression that each of these regu- lations need to be looked at, noting that she questions staff decision that these will be worked into the program. County Attorney Cuyler explained that staff is not saying that these do not need to be done, but the question ls manpower and · deciding which should be done first and those that will be developed later. Environmental Services Administrator Lorenz disclosed that the Plan was adopted in January, 1989, and at that time, a budget was put together for the next fiscal year and because of the need to cut resources, his division was eliminated 8 positions. He noted that as of December, he has staffed up ? of the 8 positions, and recovery schedules are being developed with regard to habitat protection. He explained that when the Environmental Policy Technical Advisory Board is created, the first step will be the task of the Coastal Barrier Management Plan and the Habitat Protection Ordinance. Ms. Arsenault pointed out that DCA's letter states that the sche- dule for the adopt]on of the required regulations 1s to be 120 days from the date of receipt of the Department's initial letter which is 'February 5, 1991. She questioned why hearings are being scheduled for October. since this is beyond the 120 days. Mr. Lavetry advised that Chapter 9J-24 of the Florida Administrative Code and Chapter 163 provide the County the option to request DCA to extend the 120 day deadline upon showing evidence that work has been done and work ~annot be physically accomplished to complete the ordinance within that time frame. He reported that upon OOO, : 17 Page 12 March 5, 1991 adoption of the schedule, a letter will be forwarded to DCA showing what has been done and requesting an extension on the final adoption date. Mr. Gary Beardsley stated that out of 25 objectives and polices : that relate to LDRs, g were due in 1989, 25 were due in 1990 and 1 is due this year. He called attention to Policy 1.1.i which states: "By August 1, 1989, appoint and establish operation procedures for a technical advisory committee to advise and assist the County in the activities involved in the development and implementation of tile County Environmental Resources Management Program." He remarked that this still is not in place, noting that if a committee was in place there would be citizen input on a professional level. Commissioner Shanahan remarked that he feels that dates need to be established to schedule reviews of the Goals, Objectives and Policies that are past due to determine new dates that are realistic and attainable. He questioned how quickly the things that need to be done can be accomplished. Mr. Lavetry advised that the schedule provided for the LDRs will serve the immediate purposes for response to the Department. He noted that he feels comfortable with the dates as provided. With regard to other programs with adoption dates that were raised by members of the public, he explained that the Growth Management Department is working on the annual monitoring and evaluation report which determines the status of every Objective and Policy in the Plan, and this will be presented to the Commission as part of the annual update and inventory report to seek direction to amend certain dates that cannot be met. There were no other speakers. C~lsetoner Shanahah moved, seconded by Commtastoner Volpe and ~mXTte~ 4/0, %O mppr~e the schedule for final adoption of L~d ~1opmt R~lattons as Mollie: 8rmllMl~ater Protection - Week of July 22 and August 5, 1991. Ul~ifie~ Lan~ Developmen~ Jode - Week of September 30 and October 14, 1991. Airport Nolee Zone Ordinance - Weak of April 15 and May 6, 1991. Group Ho~ and Adult ConGra~ata Livln~ Facility Ordinance - Week of April I and April 15, 1991. Protection of historically si~ntficant propertte~ - Week of May 20 an~ Jnne 3, 1991. March 5, 1991 C~msion~r Shanahah moved, seconded by Co~tssloner Volpe and c~rried 4/0, to nthorize the Chalrm~ to submit a letter to ~A pro- vi~ ~ scale infomtion. Page 14 March 5, 1991 Recee~: 11:15 A.M. - Reconvaned: 11:25 P.M. at which Deputy Clark Arrighi raplaced Deputy Clerk Hoffman REQUEST FOR TWO ADDITIONAL POSITIONS FOR TRE ADMINISTRATION OF THE SOLID WASTE MANDATORY COLLECTION PROGRAM - DIRECTION TO COUNTY MANAGER TO REVIEW AND BRING BACK TO ~ BOARD Environmental Services Administrator Lorenz gave a brief update regarding the Solid Waste Mandatory Collection Program and provided recommendations to help make the program self-sufficient. He noted as · background that during F¥ 1989-1990 the Board acted on various propo- sals to cause the implementation of mandatory solid waste collection effective January, 1991. He advised that of the $4,033,770 which should have been collected only $3,075,000 was collected which equates ~, ;..' to a 76.2% collection rate. Solid Waste Director Fahey clarified that the single family rate includes all homes with less than five units involved which includes duplexes, etc. He affirmed that part of the collection problem now is the fact that the process is in the start-up phase. He pointed out ' :. that 3000 errors in the billing roll have been corrected to which ,:~7'~ County Manager Dotrill concurred. Solid Waste Department Superintendent Russell explained that the 3000 errors had mainly tc do with condominiums and townhouses, and he :' added that all those bills have been mailed out. He advised that ~' ' billing is on improved property only. He affirmed that collection is being handled by Environmental Services using the Property Appraiser, ,.. the Tax Collector, Development Services and the Finance Department rather than creating a separate billing instrument. He informed that approximately 200 new units are being brought on line per month which brings the total units billed to about 40,000. He noted that new · units are put on line after f~hey receive the certificate of occupancy. Mr. Lorenz pointed out that this slmllar mandatory program in Lee County is administered by fl!ve people. He emphasized that the start- up alone of the subject profz?.m has slowed down the overall Department's operations; and after some review of what will be routine Page 15 ~arch 5, 1991 · ~- activities for this program, two additional positions have been iden- tified in order to implement the administration and billing of this program. He noted that the specifics as to the type of work which : will be performed is included in the executive summary. He advised that the majority of the work for collections will be required during the months of October through January with the rest of the months available to maintain the current accounts and coordinate the new accounts. In response to Commissioner Volpe, Mr. Lorenz explained that although the Tax Collector handles the actual collection of the fees, the inquiries and complaints from the public are handled by his department. Mr. Russell advised that the Tax Collector handles primarily the collection of the fees, but the problems are directed to the Solid Waste Department who coordinates the necessary actions required to solve the issue which is an extremely involved process. In response :~;. tO Commissioner Hasse, Mr. Russe]l affirmed that a quarterly billing will add time and labor to the collection process; however, it will be a considerable benefit to the senior citizens and individuals on fixed ~'~'"::". incomes. Commissioner Shanahan commented that one additional position seems to be Justified, but feels that the other position should be reviewed · ag&in in six months. Commissioner Volpe stated that the request for both positions should be brought back for consideration at the time of the establishment of FY 1991-1992 budget, unless the program is : falling into a considerable shortfall. In response to Commissioner Shanaban, Mr. Fahey informed that the contract specifically cites the responsibilities of his department .- which would be accomplished by the proposed two positions. '~i'j Mr. Russell commented that it is the responsibility of the County to assure that compliance i? met by the contractors. Commissioner Shanahan pointed out that if a contracted carrier i- does not pickup in his area, he is the one receiving the phone call, Page 16 March §, 1991 'and he refers the call to the contracted carrier resulting in an instantaneous response for the most part. Commissioner Hasse commented that the public needs to be better informed as to who to call with complaints and needs. Mr. Fahey stated that the positions required are not intended to be used as field inspectors, but rather to attend to the tremendous amount of paperwork required to make the program work efficiently. Mr. Lorenz reported that a great deal of time is spent by his staff on the creation of the assessment roll and reacting to this additional workload. Oommtssloner Volpe suggested that there be cross training from other departments where the workload is diminishing such as of this possibility can be done; however, he pointed out the program has been very time consuming for the existing staff, and now they must correct a tremendous amount of errors that have been found in the system which prevents them from providing the other services they are responsible for. :!.ii~ Gounty Manager Dotrill responded to Commissioner Shanahan by .~:.:<' · '~i;::: .rating that no dir.ctlon h&s specifically b~en given by the Board to ' :?~:~ begin the process for quarterly billing which will create more admi- nistrative work. ! Oom~ssloner Hasse remarked that he supports quarterly billing, and added if staff cannot be interdepartmentally transferred for tem- porary purposes, an additiohal position should be authorized. Clerk Giles commented t~at in 1992 the subject fee will be part of the t~.~ roll which will change the administration of the process considerably; therefore, the current concerns may not be the same for next year. He pointed out that if the direction is given now to proceed with quarterly bill.t.g, then research needs to be given as to how it can be billed on an annual tax bill, and ]f not on the tax bill then consideration needs to be given to the issue of recording liens. Page 17 March 5, 199! Charlotte Westman, representing the League of Women Voters of Collier County, stated thattthe League supports quarterly billing for the Solid Waste Mandatory Gollection fee. She suggested in regards to the requested two poslttonslthat a short term, temporary position be created to help during the start-up period. County Attorney Cu¥1er pointed out that the quarterly billing decision is not part of thi~ agenda item, but rather staff reqllesting additional positions based on their current situation. He affirmed that an ordinance ~or quarterly billin9 has been drafted and is in the process of revlewlfor preparation to present to the Board. Commissioner Volpe suggested that the County Manager be directed tO look into interim transfer of personnel to provide some relief to the Solid Waste Department during the period of start-up. He added that the complete issue of mandatory solid waste collection and the responsibilities of the Solid Waste Department, the Tax Collector, Property Appraiser and the franchisee be reviewed for consideration of adjustment in the contract and the possibility of quarterly billing; and be brought back before the Board. County Manager Dotrill noted that he will evaluate the possibility of interim transfer. In regards to quarterly billing, County Manager Dotrill pointed out that there may be additional costs involved with this method which will undoubtedly be paid by the customer. He suggested that hardship cases be considered as well as the delinquent accounts. He stated that the analysis requested can be brought back before the Board in 30 days In response to Commissioner Volpe, County Manager D~rz'ill com- mented that the objective for the success of the Mandatory Solid Waste Collection in regards to the issues of quarterly billing, contract administration and responsibilities can be added to the Strategic Plan to track for the remainder of the year. Commissioner Goodnight ',cared that no motion is needed because County Manager Dorrill has acknowledged the direction from the Board and will bring the requested information back to the Board. Page 18 '~'-'~ '~-' March 5, 1991 Item ~ INi)T,,!CY I~)R ~ 1991-1992 - APPROVED AS AMgNDED Commissioner Goodnight requested that the directions and guide/t- nes given to staff regarding the FY 1991-1992 budget be followed and not changed by the Board during the the budget workshop in July as has happened in the past. OMB Director Mike McNees informed that there are seven general areas where budget policy recommendations will be presented. He noted that the first consideration is regarding limits on appropriations. He advised that the recommendation is to apply a 7.5% limit for the personal service appropriations which includes funding for pay for the performance program at the current level, funding for the pay plan adjustments based on market place surveys annually, and a 1% increase for retirement contributions for each employee which is a State man- date. He stated that the recommendation for all other operating expenses is that they be capped at a 5% inflationary increase. He added that an increase of $10.00 per month per employee for employee contribution to dependent medical coverage is also proposed. In response to Clerk Giles, Mr. McNees informed that the average pay increase for the year works out at 7.6%. Commissioner Volpe stated that more adjustments need to be made regarding salary increases and that perhaps the cost of living be used as a base. M~. McNees Informed that an annual review is conducted as to the County pay adjustments compared with other cities, and it is found that a 2% adjustment should be made which is included in the proposed limitation of 7.5%. Commissioner Goodnight pointed out that the pay for performance system seems to be very successful, and suggested that the recommen- dation be to stay with it rzther than using the cost of living as basis for pay adjustments. County Manager Dorrtll clarified that the 7.5% funding for payroll for the Board's office includes 4.5% funding for pay for performance, Page 19 March 5, 1991 2~ funding for maintenance and pay plan adjustments, and 1% funding for the Florida retirement. He explained that the pay for performance structure is based on 0% increase for needs improvement; 5% increase for satisfactory, 7.5% increase for above average, and 10~ increase for outstanding. Administrative Services Administrator Ochs explained that the market survey is from the Florida Public Personnel Association and is a project survey for FY 1991-1992. He related that there are pay &dJustments for 324 positions anticipated in FY 1991-1992. Commissioner Volpe expressed concern with the 2% funding for pay plan ad3ustments because he feels that the County employees are paid competitively. He suggested that a lesser number be derived and set aside with its use to be determined at a later time. Commissioner Shanahan commented that salary maintenance is very important for the success of operations. Commissioner Goodnight suggested that when the pay plan is pro- vided to the Constitutional Officers, the ?.5% is specifically detailed to point out that 1% of this is mandatory for each employees' ~etirement plan, and the rest can be for merit raises or pay adjust- ment increases to be used at their discretion. Commissioner Volpe pointed out that some of the Constitutional Officers did not receive the maintenance ad3u~tment last year and the Board needs to prepare itself for this discussion. Clerk Giles commented that he hopes it is the intent of the Board not to deviate from the plan for the ?.§~ for FY 1991-1992. He questioned what is meant by other operating expenses. Mr. McNees ~esponded that operating expenses include capital expenses and all expense~ not involved with salaries. In regards to expanded service requests, Mr. McNees recommended that as a matter of policy t.~ey be allowed when a current operating expense is being eliminated releasing moneys for another expanded ser- vice or if there is a new revenue source or growth revenue that would fund a specific expanded service. Page 20 March 5, 1991 In response to questions regarding the projected revenue for FY 1991-1992, Mr. McNees informed that for purposes of the proposed eva- · luatton an assumption was made of flat reassessments and a 4% increase for new construction. Mr. McNees recommended that the limitations be applied to all County agencies whose budgets are reviewed by the Board of County Commissioners. Mr. McNees stated that the second consideration deals with man- dated funding for non-County agencies. He recommended that the Board request these agencies' budget submittals specify what portion of the budget request results from a State or Federal mandated cost and what is discretionary. He pointed out that this will provide the Board with the proper information to make a decision on requests for funding over what is mandated. County Manager Dotrill clarified that the mandated services will show on the budget as required funding and all new requests will show as expanded services. Mr. McNees pointed out that a cap is not being .proposed to these agencies. Commissioner Volpe suggested that a cap should be established for : :!!11 .. the non-mandated requests; however, Commissioner Shanahan suggested that the agencies be told that the County will fund only mandated '.. requests. Commissioner Shanahan emphasized that if there are requests by these agencies for additional funding, they should be scrutinized very carefully based on comn~unity need. The third consideration, Mr. McNees explained is to continue to levy one mill for non-CIE c~pital improvements with limited ability at the Board's discretion for leverage in lease purchases or other finan- cial needs. Commissioner Volpe comm~,~ted that he is in favor of continuing the one mill; however, does not feel it should be used as leverage for borrowing. He added that this fund should remain as pay-as-you-go. Mr. McNees noted that the intent of the policy is to provide ,! 29 Page 21 March 5, 1991 flexibility for the shortfall requirements. Mr. McNees Informed that proposed policy four is a restatement of a current policy regardinG impact fees arid uger fees which would maxi- mize these fees to their fullest level. Regarding proposed policy five, Mr. McNees advised that this is an Indirect Cost Allocation Plan by which costs that are incurred by the general fund can be allocated to various enterprise special revenue funds who receive benefit. He recommended that the Board review and revise this plan as necessary. Clerk Giles q~estioned if the proposed Indirect Cost Allocation Plan would be brought before the board after its review for separate adoption because it shows the specific costs incurred from other departments' budgets which drive up indirect costs. Mr. McNees affirmed that this can be brought back for separate adoption. Mr. McNees stated that proposed policy six is to ask the Board to continue with its contract services such as landscaping. Commissioner Volpe questioned if these are personal services contracts to which Mr. McNees concurred. County Manager Dotrill pointed out that it is proposed that the contracts will be reviewed and continued where they prove to be cost effective; but if found a project can be accomplished for less funding in-house, then the contract would be eliminated. Mr. McNees explained that proposed policy seven is a suggestion to create a general fund reserve for cash flow of $1.5 million which will be in excess of the 5% contingency reserve. In response to Clerk Giles, Mr. McNees informed that he does not foresee that any cash will need to be borrowed during the first month or so of the year because the Budget Office and the Finance Department will work together in the transferring of funds. Finance Director Yonkosky stated that there a.~,r:uld be $8 million available in reserve at the beginning of the year. Mr. McNees stated that in the worst case the County would have to borrow $1 million to $3 million for the first month or two of the year. Mr. Yonkosky suggested that the Board Page 22 March 5, 1991 address a policy to direct finance and staff to prepare to borrow the money because the County will not be able to borrow money on December 30 for January. Mr. McNees stated that the Budget Office and Finance Department can work out a plan to handle this situation. In response to Commissioner Volpe, Clerk Giles informed that in August or September a Joint cash management plan from the Budget Office and Finance Department will be submitted to the Board for con- sideration. County Manager Dotrill suggested that the $1.5 million cash flow be left as a policy and consider the cash management plan separately. Clerk Giles noted that it is likely that there will be some borrowing necessary, and if the money is borrowed from other funds, then people are being taxed because they have less interest earnings to off-set ad valorem tax increases they may receive in subsequent years. Chief Gall Addison, of the Sheriff's Office, stated that she received the budget policy last week. She explained that after reviewing the policy, she believes that the Sheriff's Office can live with same, with a few exceptions. Ms. Addison reported that there is legislation pending that may result with paying retirement on education incentive pay which would effect her department by $90,000. In addition, she noted that legtelstton is pending to increase the amount per mile and the per diem is expected to increase from $50 per day to $66 per day. She advised that there are workers compensation lssues which may have an adverse effect. She indicated that the Sherlff's Office will try and live within the 7.5%, but this will not be possible unless these legislative moves change that. Commissioner Goodnight c3:plained that the Commission will have no choice re~ardtnG anything that is mandated by the Legislature. She noted that if the Legislation does pass, the Commission will be required to fund these things. She indicated that these items would "" March 5, 1991 be funded separately. She reported that the Sheriff is to have his budget in by May 1 and suggested that it be presented without the man- dates and during the later part of May or 3une, the mandates will be addressed. Ms. Addison affirmed that she does not believe that the property casualty insurance allocation method is in the best interest of the Sheriff's Office and requested that her department be included in any policy decisions with regard to how these are allocated. She revealed that she understands that these are allocated out based on the operating budget versus the actual square footage of the building. Administrative Services Administrator Ochs advised that the allo- ¢&tion for casualty insurance Is based on the net operating budget, and the allocation for property insurance for the coming year will be based on square footage instead of net operatlng budget. Ms. Addison reported that the initial premium notification has been increased from $216,000 this year to over $300,000 for next year. Commissioner Goodnight suggested that Mr. Ochs work with Ms. Addison to resolve this issue and that any problems that cannot be resolved be brought back to the Commission. In answer to Commissioner Volpe, Ms. Addison advised that the Sheriff's Office does not have a Pay for Performance Plan, noting that ' there is a 5% Step Plan. She indicated that some of the people that have reached the top of their range received a one time bonus of 4% and they receive a 6% step increase on their anniversary. She explained that the Sheriff is trying to keep expanded services at a Public Health Unit Business Manager Evans stated that it appears that additional funding, with regard to specific program areas, that has been brought to the Comm~ssion's attention in the past, will now have to stand up to the requ_rement versus mandate. Commissioner Shanahan recalled that the Commission indicated that State mandated programs would be funded but nothing more than what was funded for 1991, above the state mandate would be funded. Page 24 March 5, 1991 Commissioner Volpe suggested that Mr. Evans break out the programs that are mandated by the state to be funded and those that are not. Mr. Evans reported that the references to mandate associated with public health programs are less specific than realized. He noted that personal health programs are included in F.S. and the Florida Administrative Code in a comprehensive manner as opposed to specific program elements and it is the comprehensiveness of this program which makes it work. He indicated that to defund any element of this, will make the program less effective. He suggested that the budget office, County Attorney's office, and the Health Unit get together and define what may be considered a workable definition. Mr. Evans affirmed that the State is making specific efforts with regard to cost reductions in the HRS system and is very carefully sparing the health side of the organization. He revealed that they are almost making a commitment to not impact the service delivery areas and instead to focus its reduction of costs and overhead on the higher levels of management. Commissioner Goodnight advised that the Commission will fund 100~ of the State mandates but suggested that anything over that be brought back to the Board. She indicated that the budget office has been informed that there is the possibility that 100% of the level which was funded in the 90/91 budget will be funded. She explained that the Gommisston will meet with the various public agencies to determine which are the most .important programs to the people of Collier County. Dr. Jane Polkowski, Public Health Unit Director, stated that she Just returned from a District level meeting and will be going to Tallahassee to review the budget issue. She reiterated Mr. Evans com- ments regarding the emphasis on reducing at the management level and the higher levels, but attel:i:ttng to keep the money at the service level where the people need it. Mr. George Keller, President Collier County Civic Federation, stated that he hopes the final analysis of this year's budget does not exceed the total of last year's budget. He related that this year's 000PA6[ 3~ Page 25 sales t~L~ receipts and gas taxes may decrease. March 5, 1991 He indicated that he does not believe that the general public will accept a 7.5% increase in personal services, noting that the state Government will be laying off 3,000 employees and the School Board is threatening to lay off 300 teachers. He related that he does not believe that anyone will be in favor of increasing ad valorem taxes and he doubts that the Commission will be increasing service charges, i.e. road and water fees. In addition, he revealed that he does not agree that all employees should receive a 4.5% increase since many of these people will be happy to keep their Jobs and work at their present rate. In answer to Commissioner Volpe, Mr. McNees explained that if a Reserve Account is increased by $1.5 million, measures can be taken now to offset what may be harder economic times in the future. He d~sclosed that based on the information at hand today, and with no more than a 6% increase over the rollback tax rate, there is the abi- lity to do the things as proposed by increasing the reserves a bit and be p~epared for next year. He noted that the affec~ of the hiring freeze will improve the increase over the rollback number. Mr. McNees stated that Supervisor of Elections Morgan disclosed that the~e will be a numbe~ of special elections in Fiscal 1992 and ~e~ested that the Commission be sympathetic ~n this regard if she is not able to meet these policies. For purposes of clarification, Mr. McNees inquired as to whether the Co~tsslon ls accepting the first recommendation with the caveat ~hat the 2% for pay plan adjustments may be up for further discussions Co~sstoner Volpe replied that he ls not supportive of the 2~ as Commissioner Goodnight %~ggested that in early April, staff bring the available information back to the Commission with respect to the C~mm~ms~on~ Shanahah moved, seconded by Commissioner Goodnight · ~ad cax~ed S/1 (Co~isstoner Vol~ op~sed), that the first ~dget N~rch 5, 199! policy b~ ~dopted with the ?.5~ Including the 2~ and the 5~ for lnfla- ti~, with the caveat that the 2~ is open for further consideration, which gives the Coalssion the flexibility of removing sa~e. Commissioner S~a moved, seconded by Conlssloner Hesse ~d ~i~ 4/0, to adopt the second ~dget poll~ ~tth verbiage added to ~ tb~ ~cia at a ~i~, of the act;el 1991 adopted ~dget ~ssl=er S~~ =v~d, seconded ~ Coalsstoner ~sse ~d c~lg 1/1 (Coatesloner Vol~ opposed), that budget ~1tctes 3 t~ T ~ MopPed u reco~nded ~ staff. Co~tsstoner Volpe advised that one of these policies Include the 1 mill capital improvement levy and he is no~ in suppor~ of same. Coatsstoner Volpe suggested that a policy be set with respect to the contract agencies, noting that if the County is not in a position to fund these, they will begin to look at other alternatives. He disclosed that the Productivity Committee recommended that these agen- Cies be eliminated but muggeared that rather than eliminating same that there be a cap amount ~tth an express policy that the Commission is beginning to phase out the funding of these contract agencies. Co~ty Manager Dotrill advised that $185,142 in these funds was received by 12 agencies this current budget year, and the fibre for next year is $204,000. Commissioner Shanahan suggested that $185,000 be programmed for this year, $1OO,000 for next year, and no funding after that. County Manager Dotrill explained that funding to these agencies '~'.~'".. range from $3,000 to the County Forester, $30,000 for Project HELP, and $46,000 for the Soil and Water Conservation District. He indi- cated that if two years no~ ~ :e is given with $150,000 in funding this year, they can be phased beginning with the following year. ~ion~r Volpe ~oved, seconded by Coatestoner Hose, to adopt a bu~t policy for FY 91/92 that funding for contract agencies be ' li~itedto $150,000. Page 2 ? March 5, 1991 Commissioner Goodnight revealed that she feels that the funding to the Forester is very important, considering the number of fires that have taken place in the County over the past few years; and the Soil and Water Conservation District money is used for office staffinG that the state does not provide for and they have provided a soil survey for the County and they help in water management conservation areas. She stated that she prefers to look at the individual programs since many are essential but to say that those budgets will be reduced may ultimately affect the County. for the question, the motion carried 3/1 (Co--tsstoner · '~ Recess 3:25 P.M. - Reconvened 3:25 P.M. In summarizing the last item, County Manager Dotrill stated that the Board has previously given staff instructions relating to ad valorem taxes and special assessments or fees which may be on tax bills. He cited an example of a house that is assessed at $150,000 aiTd qualifies for the homestead exemption: taxable value of the house is $125,000. He pointed out that the school board's taxes are almost twice the amount of the county-wide taxes. County Manager Dorrill called attention to what next year's tax bill may look like in the event of a $35.00 County-wide road assessment in con3unction with the increased impact fees, a $3.50 Stormwater Utility assessment and a $99 Solid Waste Fee assessment. He explained that the total assessments would be $176 that would be a 30% increase over the County-wide taxes that are fees attributable to the Board of County Commissioners. He reported that he believes that the Stormwater Utility charge will need some closer scrutiny as a result of the rate increase, and the County-wide road assessment seems a bit high. He noted that ~.,; is trying to prepare the Commission for the shook value that may take place later in the summer Com~missioner Volpe suggested that the Stormwater Utility be billed through Mr. Arnold's division on a monthly basis. Commissioner Goodnight indicated that the people in Golden Gate Estates, Marco, Page 28 March §, 1991 Immokalee, and Everglades do not receive a bill [rom Mr. Arnold's :'~,,i. Utility Department. County Manager Dorrtll reported that 25% of the people who live in the unincorporated area of the County receive a County water/sewer bill. He explained that the only other acceptable method would be to include this as part of the current third party billing that is being done for mandatory garbage collection. ,' . In answer to Commissioner Hasse, Mr. Dorrill advised that the ~'::'>:"Commission previously instructed staff to come back with alternatives for mandatory collection. He remarked that he will continue to sup- port that being included on the tax bill for no other reason than the high percentage collection rate. He affirmed that typically 97% of ad valorem taxes are collected and the balance goes to certificate sale and the rest of the money is obtained through the certificate process. Commissioner Volpe pointed out that the Tax Collector already has a mechanism for quarterly billings for solid waste and suggested that 0ou31ty Manager Dotrill explore the possibility of utilizing this 'method. I~SOL~TXOI~ 91-21~/91-217, PLAN OF DISSOLUTION FOR PELICAN BY ~ DISTRICT AND REquisITE RESOLUTION TO ADOPT THE PLAN OF DISSOlUTION (RESPECTIVELY) - ADOPTED Assistant County Manager McLemore recalled that in June, 1990, the ~ .:' Commission took action to succeed to the principal functions and ->.111/ dutie~ of the Pelican Bay Improvement District (PBID). He announced :- that decision was based upon two findings: At that time, the '' leadership of the District was moving in the direction of making dect- stone that were not compatible with the County's long range plan of development, particularly a3 it relates to regionalized water and sewer; and the County could .in fact provide services as economically and efficiently as the District, itself. He noted that these findings were prope~ and consistent with law and the Commission did in fact succeed to the functions of the District, Mr. McLemore reminded the Commission, that in October, 1990, Page 29 March 5, 1991 favorable Final Summary Judgement was obtained relative to the challenges of the Board's right to succeed to the principal functions of the PBID. He advised that this Judgement was appealed by the Complainants and still remains in the process of litigation. He noted that the Dissolution Plan is being presented at this time since there is a Bill which provides for a referendum relative to the question of incorporation. He remarked that this could lead to the capture of the water/sewer utility which would be detrimental to the long range plan of the County to operate a regionallzed utility system. He stated that there is no reason for the District to exist, parallel to general purpose government since the County has demonstrated the ability to provide these services. Mr. McLemore explained that the lease arrangement in the Sun Bank Building has been extended through February, 1992 but if the Board determines not to continue the maintenance of that local office, everything will be integrated with the County staff and that office will be closed. He noted that this would result in $75,000 worth of overhead savings, i.e. rent, light bills and management. County Manager Dorrill indicated that some of the programs offered at the Pelican Bay Beach Pavilion, and the recreational complex are ftznded by the Foundation of Pelican Bay and will not be affected as a result of anything that the County is doing. He related that the 0olanty is responsible for the existing maintenance building at the Sewage Treatment Plant site. In response to Commissioner Volpe, County Manager Dorri]l advised that staff is in the process of evaluatin9 the Utility Division computer needs and looking at alternatives of application with the Clerk, and noted that he is hopeful that everything will be trans- ferred to that system. "~n answer to Commissioner Volpe, Assistant County Attorney Lawson advised that there is an agreement that states that the responsibility for providing potable water to Pelican B~y wi]] be assumed by the County and the Collier County Water Sewer District. 08' Page 30 March 5, 1991 Assistant County Attorney Lawson disclosed that the agenda packet includes two resolutions containing a series of findings by the Governing Body of the Pelican Bay Improvement District and other fin- dines by the Governin~ Body of Collier County and Collier County Water Sewer District. He revealed that the resolutions identify exactly what the County will be doing. Mrs. Berrie Gulacsik stated that in the 1970's, the Florida Statutes allowed formulation of the Pelican Bay District. She remarked that it was stated, at that time, that when the County could provide the utilities for the PBID, they would be transferred to Gollier Gounty. She noted that the District could not furnish itself sufficient water and was buying same from the City of Naples. She related that this indicates that Pelican Bay cannot take care of their water or sewage needs and they are in the County's ReGional Utilities District. She declared that she believes that the time has come for the dissolution of that District, and for the County to take over those utilities. Mrs. Oharlotte Westman, representing herself and the League of Women Voters of Collier County, read to the Commission a letter dated March 2, 1991, addressed to The Honorable Fred C. Jones, State Representative Chairman of the Community Affairs Committee, Tallahassee. She called attention to Concern #2 of the letter which notes the following: long term position of the League supports the establishment of a County-Wide publicly owned water/sewer system; the Pelican Bay System lies com~letely within the Collier County System and has outgrow its usefulness; a Regional System has been designed and structured favorable to all residents, rate payers and land owners in Pell~an Bay Improvement District and the Collier County Water/Sewer District; a water agreement 'Jr November, 1986, between Collier County, City of Naples and Pelican Bay states that the County will provide water to Pelican Bay, no later than November, 1991; the PBID plant works best at .7 MGD but they were over-pumping and had insufficient plant capacity; and the continued study has strengthened the League's Page 31 ~arch 5, 199! support for County ownership of the PBID facilities. In summary, Mrs. Westman advised that the League supports the establishment of a sewer system of regional scope and encourages the Commission to adopt the plan of d~ssolution and to bring the regional plan into factual activity. Assistant County Attorney Lawson stated that the first resolution to be adopted contains "PBID" at the top of the first page. He noted that this resolution dissolves the District from the Charter, effec- tive at such time as the Board of County Commissioners acting as the Governing Board of Collier County Water/Sewer District accepts that responsibility. ~stoner $har~mhmn moved, seconded by Commissioner Hasse and c~%-rte~d 4/0, that Resolution 91-216 be adopted. Coall~mli~ntr $hmnahan ~oved, seconded by Coeumis~ioner Huse and ..~x~'~ &/O, TJ~lt Re~olution 91-217 be adopted. 40 Page 32 March 5, 1991 ii:~':'.' ~l[Tl'l~lrl~ ]rETENTION AGR~I,4~:ffT TO AUTHORIZE LEGAL SERVICES WITH ICARD, ~,"~$, TI~, FUR~N & GINSBERG, P.A. WHEN REQUIRED ON AN 'AS ~- aas~s - APPXOV~D County Attorney Cuyler advised that the final stages of the challenge on the Growth Management Plan are qu!ckly approaching. He noted that the Administrative Hearings will b~.. onducted very soon. He explained that Mr. Merrill has coordinated with legal staff on man,.y occasions and he is extremely familiar with the Comprehensive Plan and Land Development Regulations. County Attorney Cuyler asked that the Commission approve his recommendation for the Chairman to execute the Continuing Retention Agreement with the law firm of Icard, Merrill, Cul]is, Ttmm, Furen & .': Ginsberg, P.A. for legal services to be provided to the County on an ~iuloner $hanahan moved, seconded by Commissioner Hasse and CaXT~ed 3/0 (Co~mt~sioner Goodnight out of the room), to approve the : l~s~s~!~tto~ of ¢ouaty Attorney ~u¥1er. Page 33 March 5, 1991 Z~e,B~lOB OONF~TION OF PREVIOUS VOTE AUTHORIZING $15,000,000 COLLIER COUNTY, PL(~XDA, TOURIST DEVELOPMENT TAX REVENUE BONDS - APPROVED County Attorney Cuyler explained that this is an unusual item. indicated that this item was heard on Februar'/ 19, 1991, and it appears that as part of the discussion, the Commission had in fact He made a motion approving this item with a 3/2 vc~,, (Commissioners Volpe and Saunders opposed). He disclosed that the Clerk to the Board has advised that in reviewing the tapes, there is a lot of discussion relative to a motion, but there is some question as to whether the motion was actually taken. County Attorney Cuyler requested that a motion be made to adopt .the resolution, authorizing the issuance of Collier County Bonds not to exceed $15,000,000, as presented o~: February 19, 1991. O~mm/s~i~r Shanahah moved, seconded by Commissioner Hasse ud carried 3/~ (¢oB~/ssioner Volpe opposed), to confirm the previous vote ~ut3mor~zing $15,000,000 Collier County, Florida, Tourist Development and that the issuance of the Bond Resolution does ~t ~it ~ B~ard of County Commissioners to issum"'.ce of the bonds or to m~F ~neral or specific baseball pro3ect. The purpose of the ~Frovml of th~ Bond Resolution is to commence the bond validation p~~n~ auld to assure that the Board of County Commissioners has · ~ le~ml nthori~y to Issue the bonds at such future date as the ~ ~ ~r~riate. 91-106/107 AND BUDGET AMENDMENT 91-112 RE DEMOLITION OF TH~ ~ ~ATER TOWER - ADOPTED Finance Director Yonkosky requested that Budget Amendments 91-106/107 and 91-112 be adopted. Commissioner Volpe.questioned the expense coming out of the General Fund for the demolition of the Copeland water tower. they authorized the destruction and removal of the tower. He indi- 97 Page 34 Finance Director Yonkosky stated that staff felt there was an emergency and a threat to the health of the citizens in that area and March 5, 1991 cared that the budget amendn .nt as presented is to move the money out of General Fund Reserves lnt! a line item in the budget to pay for Commissioner Volpe reca~ was an issue with regard to emergency was. He noted ,ed that when this situation came up there ~ho's responsibility it was and what the the amount of the expenditure exceeds the $6,000 amount which the County Manager is authorized to approve. He indicated that Mr. McLemore has requested that the County Attorney place a lien on that property to make sure that the County is reim- bursed. He questioned the likelihood of being reimbursed for the $9,000 that was expended. Gounty Attorney Cuyler advised that he has asked the same question, and noted that one of his assistants is currently reviewing the manner by which the lien will be placed and the chances of collecting that lien. Commissioner Volpe replied that the likelihood of recovering the $9,900 is slim and none, and therefore will not sup- port this budget amendment. County Manager Dotrill pointed out that he thought that discussions were held with the Board well in advance of this issue. He indicated that the ulti.,~le legal responsibility as to who is to pay, is a legal matter, but the County has the immediate respon- sibility to abate a public nuisance that has been certified to be a threat to life and safety and this was done as a result of the fire that occurred at this facility. He advised that the fire chief cer- tified this as an unsafe structure and an inspection was performed by a structural engineer who indicated that the water tower had been weakened as a result of the fire. He reported that the tower was also a threat to a County road right-of-way and as a result, noted that he authorized the emergency work order. Gounty Manager Dotrill disclosed that quotes were taken to remove the tower, as communicated to the Commission via inter-office correspondence, confirming conversations with each Commissioner, and staff is now seeking money from the Reserve Fund. He remarked that he Page 35 March 5, 1991 is not overly anxious to recover all the money if the lien is foreclosed since the value of the parcel, for tax purposes is about $3,500. Commissioner Shanahen affirmed that he authorized the action since he felt that this was an emergency and this was an action that had to be taken. He noted that he has no problem with the budget amendment and acknowledged that the Commission received a letter outlining the entire situation and substantiating the telephone conversations. Commissioner Volpe recalled that he voiced his opposition, early on, when it was suggested that this was some type of an emergency and whose responsibility it was since this was private property. He indi- cated that he continues to question whether it was the County's responsibility to step in and actually remove the tower at its expense. Commissioner Hesse suggested that staff attempt to recover the money. C~sione~ Shanahen ~oved, seconded by Coamissione~ Hume and ca~ed 3/1 (Co~a~mmione~ Volpe opposed), to approve the expenditu~e of $9,~OO for th~ Copeland eater Tower, and that Budget ~nd~ent 91-112 b~ gopt~d. (k:~dmaton~r Shanahen moved, seconded by Coatsstoner Hmmse and ~~ 4/0, that Budget &~end~ents 91-106/107 be adopted. ~:~ 91-95; 91-99/102; 91-104/105; 91-108; &ND 91-111 - C~d~ton~r Shanahen moved, seconded by Commissioner Hume and .~:~ ~1~ ,/O,.th~t Budget &~end~mnts 91-95; 91-99/102; 91-104/105; :-, ~ ~.~ ~SOL~ION 91-14 - ~D C~111ami~ton~r Shanahah moved, seconded by Commissioner Hasme and carried ,/0, that Budget A~end~ent Resolution 91-14 be adopted. Page 36 March 5, 1991 lt~V~ ~ AI¢~IIIICENT I~OR TH~ $HERZFF'S 0FI~ZCE ~/II~ION $UBGRJLI~T AWARD g1-c$-28-09-21-01-036 - Lieutenant Byron Tomlinson of the Sheriff's Office, explained that this item Is a request to revise the budget line item as pre- viously approved on 10/9/90, for the Enforcement/Apprehension Subgrant Award 91-CJ-28-09-21-01-036 to establish a separate cost center for The Naples Police Department portion of this Grant. Lieutenant Tomlinson stated that the original budget for the Enforcement/Apprehension Grant referenced in this modification was approved on the October 9 1990 Consent Agenda. He advised that this request is to accommodate record keeping for each segment of the Grant. {uton~r $h~nahan moved, seconded by Commie~ioner Volpe and ~1~ 4/0, to a~rove the r~ts~ ~dget uenaent for ~force~nt/ A~t~ ~~t i~d 91-0J-28-09-21-01-036. ~ ~ 9~ C~ISSZO~S' CO~ICATIONS Co~tsstoner VolDe requested an update on the South County Wastewater Treatment Plant County Manager Dorrill stated that the repairs as reflected in the change order approved last week will be completed at the end of this week. He indicated that the interpasses have been repaired and the Sewage Treatment Plant is in service. He reported that the general contractor is on schedule. He explained that the civil engineering firm has not been paid since November and $250,000 of their fee is being held as leverage, per the advice of the special attorney who is handling the potential situation of litigation. Commissioner Goodnight reminded the Commission that next Tuesday, March 12, 1991, is the "Know Your County Government" 4-H luncheon and the Commission will ad3ourn around noon and reconvene at 1:00 P.M. Commissioner Goodnight requested that the Board recognize the military troops that will soon be returning home. She suggested that Page 37 March 5, 1991 the support groups be contacted to advise when the soldiers will be coming home on leave and that they be recognized at the Tuesday Commission meetings. County Manager Dorrlll stated that staff could ascertain through the Veterans Service Office who might be coming home. He indicated that he will explore this issue. He noted that two of Collier County's employees will also be returning from the Middle East. Commissioner Shanahan advised that since the beginning of the war, a support group on Marco Island has been putting up yellow ribbons, and in conjunction with same, they wanted to display American flags from the 12 light poles across the Marco Island Bridge. He reported that this group has run into a number of obstacles with respect to the 3' x 5'. flags since the State has indicated that there are a number of things that must be adhered to. He requested that the County be the entity to put the flags up and support the group. He referred to a letter from the State which says: "Requirements - (A) Agreement bet- ween a responsible group or entity and the Department (FDOT); (B) an agreement with a government entity would not require special liabi- lity insurance; (C) time frame, maintenance, removal specs, hardware and materials, method of c~c,;tion, traffic control provisions." He advised that the group has worked out arrangements with the Sheriff's Office and the Fire Department, but the state has put these roadblocks up which preclude them from erecting the flags. He noted that it would be a remarkable accomplishment to see those flags draped over the bridge, in support of the troops returning home. Commissioner Hasse stated that he supports this idea completely and suggested that the Fire Department erect the flags. Commissioner Shanahan suggested that this item be placed on next week's agenda. County Attorney Cuyler stated that he will advise as to the insurance, and liability. · ''~ Cc~misstoner Shanaban ~mved, seconded by Coalssioner ~d c~x~ied 4/0, that the following Items under the consent agenda ~ ~ and/or adopted: Itm~A1 OB 000 Page 38 M~'¢h 5~ 1991 91--211AUTIIORIZING FINAL ACCEPTANCE OF ROAD~AY, DRIIN&GE, .-~&1~.&~lD-~l~)t /~l~lt~ IN 'PL&RT&TZON' AND RELE&SING ~AIIlTE/~CE See Page /~ KESOLUTION 91-212 AUTHORIZING FINAL ACCEPTANCE OF ROADWAY, DRAINAGE, M&TE~ &~D $EM~R IMPROVEMENTS IN IMMOKALEE HABITAT FOR HUMANITY, PHASE VI Jk~D ~LEASING MAINTENANCE $~CURITY See Page //~ &CC~I~TJ~IC~ OF M&/~R AI~D S~R FACILZT~ES FOR LELY B~OT B~, ~T The watel' and sewer facilities to serve the project cannot be placed into service and no Certificate of Occupancy shall be issued until the Florida Department of Enuironmental Regulation furnishes a letter authorizing the placement of the sewer system into service and approving the water distri- bution system for service. 2. Bacteriological testing has met the County's requirements. The fire flow requirements of the project have been satisfied, and the Fire District furnishes a letter accepting the fire hydrant for ownership and maintenance. OR Book ~ Pages AC~T&]~C~ OF SECURITY FOR F~CAVATION PERMIT NO. 59.390 "SHADY HOLLOW See Pages /// ,* // ~) It~SOLUTION 91-213 I~RELIMINARY ACCEPTANCE OF ROADWAY, DRAINAGE, WATER J~FD ~ IMPltOVEIW[ENTS IN RIVERi~OOD EAST UNIT 4, PHASE III AND AGCEPTA]~'E OF THE IRREVOCABLE LETTER OF CREDIT FOR MAINTENANCE OF THE~E ~~ FOR A MINIMUM OF ONE YEAR - WITH STIPULATIONS 2o Accept the Irrevocable Letter of Credlt as securlty for maintenance of the infrastructure until the Board of County Commissioners grants final acceptance of all improvements. Authorize the recording of the final plat of "Riverwood East, Unit 4, Phase III." Authorize the Chairman to execute the attached Maintenance Agreement for Preliminary Acceptance and Resolution authorizing preliminary acceptance. Preliminary acceptance of the improvements will not become effective until water and sewer facilities have been conveyed to Collier County Water-Sewer District. See Pages / /~ /~/ Page 39 ~ OF NAT~R AND SEWER FACILITIES FOR RIVERWOOD EAST, The water facilities to serve the project cannot be placed into service and no Certificate of Occupancy shall be issued until the Florida Department of Environmental Regulation fur- nishes a letter authorizing the placement of the sewer system into service and approving the water distribution system for service. Bacteriological testing has met the County's requirements. The fire flow requirements of the project have been satisfied, and the Fire District furnishes a letter accepting the fire hydrant for ownership and maintenance. The Plat Book and page number information for the recorded plat is incorporated in the legal documents. OR Book /~ Pages ~ AM~NII~I[T ~ 2 TO GRANT AGREEMENT ~89HA-34-09-21-01 WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR POCKET OF POVERTY GRANT See Pages Item#l~B1 PURCHASH A~R~Iq~NT AND ACCEPTANCE OF CONVEYANCE FOR THE ACQUISITION OF RI~HT-OF-WAY FOR THE NORTH NAPLES MUNICIPAL SERVICE TAXING AND BENEFIT UNIT (LIVINGS'TON ROAD PARCEL 11-10 AND 11-10.01) AND AS EXCESS LAND FOR ENVIRONMENTAL MITIGATION PURPOSES See Pages !~OAD.~I[FACI~ 11[ FARM WORKERS VILLAGE UTILIZING COUNTY CONTRACTS - ~ TO ~F~CIFIED CONDITIONS County perform detailed inspection by street, and provide a cost estimate of in-house work (employee/equipment/material) and cost estimate of contract work. Based upon the estimates outlined above, Farm Workers Village will be issued an invoice for the value of the contract work. Upon receipt, the County Housing Authority should make a security payment in the amount of the estimate. Upon receipt of the above-noted security by Collier County, Collier County Transportation Services shall proceed with the road repairs as estimated by the County and approved by the County Housing Authority. Upon completion of the work, the County will render an invoice for the total amount less the amount previously deposited with Collier County. Item Jl~a ST&TU~ !~EPOI~T ON MARCO ISLAND AIRPORT OPERATIONS AND BUDGET AMENDMENT APPI~)VI~L TO EXTEND AIRPORT OPERATION THROUGH SEPTEMBER, 1991 AFFLICATIO~FITH TH~ FLORIDA DEPARTMENT OF COMMUNITY AFFAIR~ FOR Iq~CEI"FT OF BLOCE ~ FUND~ FOR THE HEALTH UNIT'S OB PROGRAM 000 PArdi I04 Page 40 See Pa e.]22' ~arch 5, 1991 ltt~Ol~TlO~ 91-214 ESTABLISHING AN ANIMAL NEUTER/SP&Y PROGRAM AND ~I'V~ AI[IMAL CARE AND TRF. ATMENT PROGRAM FOR IMPOUNDED ANIMAL LICE!~ $AL~ AI~D TO REPEAL RESOLUTION 90-257 O~D~ NO. 8 TO THE CONSTRUCTION CONTRACT WITR GULF ~1~, INO., FOR THE "SOUTH COUNTY REGIONAL WASTEWAT[R FACILITY" - IN THE AMOUNT OF $1,760 BO~D ~,~[I][ATION OF THE SUFFICIENCY BONDS OF COU1TTY OFFICERS !~TXO~I 91-215, AUTHORIZINO EXPENDITURH OF ~S FOR ~ ~CH OF See Page -T~*.*~ ....~'~ ~. 1 ~ ~ ~ CO~CT WI~ HIL~ P~T CO. ~.', ~ ~ ~ $22,248 ~ ~ NO. 5 TO THE CONSULTING LANDSCAPE ABCHITECT ~E~t'F~'~ NITH MCGEE & ASSOC., INC., FOR THE GOLDEN GATE P&~]O~kY B~A~TIFICATION MSTU - IN TH~ AMOUNT OF $5,500 Xt~.,IGJ1 C~T/]~JkT~ OF CORI~ECTION TO THE TAX ROLLS AS I~RESENTED BY TH~ : ~1:~S~=1~~~'S OFFICE 1989 No. 259 Dated 02/19/91 1990 NO. 191 Dated 02/06/91 TANGIBLE PERSONAL PROPERTY 1989 No. 155 Dated 02/20/91 TANGIBLE P~RSONAL PROPERTY 1990 No's ?9/82 Dated 02/12 - 02/22/91 ~T~&'-~ T~ POR I~ NO~S. 43513, 16922, 66710, 69842, 5~284, 85998~"85~60~ 31610~ 43875~ 60060, 35625~ ~ 52847 1115 Page 41 March 5, 1991 · ATI~1~&t~TIO~ OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER It~#l~J MX~~;~ CO!~KESP~NDENCH - FILED AND/OR REFERRED Thm following miscellaneous correspondence was filed and/or referred to the various departments as indicated below: Letter dated 2/19/91 to Chairman from Maeve Reddin, Executive Director, Area Agency on Aging of South Central Florida, Inc., re required annual fiscal monitoring report for Collier County Services for Seniors. Filed. 2 o Financial Statements dated 9/30/89 for the East Naples Fire Control and Rescue District, as prepared by Wentzel, Berry, Bartlett & Swope, P.A. Filed. Annual Financial Report of Units of Local Government 1990/ East Naples Fire Control & R(~scue District for Fiscal Year Ended September 30, 1990. Filed. Department of Law Enforcement Administrative Services Bureau, from Susan M. Usher, CPA, Senior Accountant/Deputy Clerk, with attached quarterly report of activity within the Confiscated Property Trust Fund. Filed. Public Notice dated 2/8/91 from Department of the Army District Corps of Engineers, re Permit Application No. 90IPK-00193, re project located between Sand Dollar Island and Marco Island. xc: Nell Dotrill, Harry Huber and filed. CC of letter dated 2/19/91 to Mr. Jack G. McKenna, Agnoli, Barber & Brundage. ~nc., from Bertil A. Hetmer, Chief, South Permits Branch re application submitted on behalf of Collier County for proposed work on the Goodlette-Frank Road Extension. xc: Netl Dotrill, George Archibald and filed. Letter and agenda dated 2/6/91 to Hall of Fame Member from Joe DeSalvo, Executive Director, Florida Sports Hall"hi Fame and Ron Stafford, Director, Florida Sports Foundation. xc: Neil Dorrill, Commissioner Goodnight and filed. Letter dated 2/12/91 to BCC Chairman re Collier County-WRR, File ~111923785 from Jon M. Iglehart, Environmental Specialist, Department of Environmental Regulation. xc: Nell Dorrlll, Frank Brutt, Bill Lorenz and filed. Letter dated 2/18/91 to BCC Chairman re Collier County-WRR, File #11926265, from John M. Iglehart, Environmental Specialist, Department of Environmental Regulation. xc: Neil Dotrill, Harry Huber (map), and filed. 10. Memo dated 2/14/91, to "Distribution List", re Summary Report: Impact of the Emergency Medical Services (EMS) Grant Program, from Larry Schneider, Program Administrator, EMS, Department of Health and Rehabilitative Services. xc: Nell Dotrill, Jay Reardon and filed. 11. Letter dated 2/11/91 to Commissioner Goodnight from David L. Ferrell, Field Supervisor, U.S. Department of the Interior, Fish and Wildlife Service, re the consideration of approving 12. 13. 14. 15. 16. 17. 18. 19. 20. March 5, 1991 improvement of access into the Golden Gate Estates South Blocks. xc: Neil Dotrill, Frank Brutt, Bill Lorenz and filed. CC to BCC of letter dated 2/12/91 to Richard Dubois, President, Le Dauphin Development Corporation, from Richard White, Administrator, Records Management Section, Bureau of Coastal EngineerinG and Regula'tton, Department of Natural Resources, re Approval of Permit Transfer, Permit File #CO-2§4, New Permittee Name: Le Dauphin Development Corporation. xc: Nell Dotrill, Frank Brut[, BIll Lorenz and filed. Letter dated 2/12/91 to BCC from Tony McNeal, Engineer, Bureau of Costal Engineering and Regulation, Department of Natural Resources, Request for Public Comment, File #C0-310, Applicant, Stephen and Caryl Thompson. xc: Nell Dotrill, Harry Huber, Frank Brutt and filed. Minutes Received and Filed: Golden Gate Fire Control & Rescue District agenda for 2/13/91. Golden Gate Parkway Beautiflcation agenda for 2/12/91 and minutes of January 8, 199t. Co Marco Island Beachfront Renourishment Advfsory Committee agenda of 2/6/91. Letter dated 2/14/91 to Clerk Jim Giles, from Chairman Art Johnston, North Naples Fire Control & Rescue District, announcing approval of James L. Jones, Chief, as registered agent for the District. Filed Notice to Owner dated 2/13/91 to BCC, from Hertz Equipment Rental Corporation, advising that they have furnished general equipment rental for the Intersection of SR-951 and Golden Gate Blvd., under ~., order given by Mid Continent Electric, Inc. xc: Nell Dotrill, Steve Camell, John Yonkosky and filed. Notice to Owner dated 2/15/91 to BCC, from Saf-T-Green of Ft. Myers, advising that they have furnished rental equipment for the EM$ Complex/Golden Gate Parkway, under an order given by Hampton Construction, Inc. xc: Neil Dotrill, Steve Camell, John Yonkosky and filed. Notice to Owner dated 2/11/91 to BCC, from Richard Flanders Enterprises, Inc., advising that they have tested and balanced the HVAC systems at the Collier County Health Services Building, under an order given by B.C.H. Mechanical Inc. xc: Nell Dotrill, Steve Camell, John Yonkosky and filed. Notice to Owner dated 2/18/91 to BCC, from Acme Pumps & Wellpoints, Inc., advising that they have furnished dewa- tering equipment for the East & South Naples Wastewater Collection Facilities, under an order given by Guyman Construction Co. xc: Neil Dotrill, Steve Carnell, John Yonkosky and filed. Letter dated 2/19/91 to Permittee, from Benjamin C. Pratt, P.E., P.L.S., Assistant to the Director, Surface Water Management Division, South Florida Water Management District, re Application #910213-107, Notice of Intent to Construct Works at CC Agricultural Center. xc: Nei] Dotrill, Linda Denning and filed. ~ 0O0P~r'~7 Page 43 March 5, 1991 21. Letter dated 2/19/91 to Permittee, from Benjamin C. Pratt, P.E., P.L.S., Assistant to the Director, Surface Water Management Division, South Florida Water Management District, re Reduced Threshold Area, Water Use General Permit: ll-00795-W, CC Agricultural Center. xc: Neil Dotrill, Mike Arnold and filed. 22. Certification of Costs, Twentieth 3udiclal Circuit, State of Florida v. Alton Lavonne Giles, Case #90-01834-MMA. Filed 23. Letter dated 2/14/91 to Chairperson Goodnight, from Gail Vanderhoogt, Chief, Wetlands Planning Unit, United States Environmental Protection Agency, re Rookery Bay area. xc: Neil Dotrill, Bill Lorenz and filed. SeePages There being no further business for the Good of the County, the meeting was ad3ourned by Order of the Chair - Time: 4:45 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL PATRICIA ANNE GOODNIGHT ~CHAIRMAN · These. minutes· approved by the Board on as presented ~ or as corrected 108 Page 44