Loading...
BCC Minutes 04/02/1990 SNaples, Florida, April 2, :990 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting a~. the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created acco~'din9 ~o law and having conducted bustness herein, met on this date at 5:30 P.M. in SPECIAL SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Max A. Hasse, Jr. VICE-CHAiRMAN: Michael J. Volpe Richard S. Shanahan Bu~t L. Saunders Anne Goodnlght ALSO PRESENT: Ellie Hoffman, Deputy Clerk; Neil Dorrill, County Manager; Ron McLemore, Assistant County Manager; Thomas Olliff and Jennifer Pike, Assistants to the County Manager; Ken Cuyler, County Attorney; Marjorie Student, Assistant County Attorney; Waiter Carter, Road & Brld~e Transportation Director; Frank Brutt, Community Development Services Adm]nistratol'; Jeff Perry, Chief Transportation Planner; Bob Blanchard, Growth Planning Director; Stan Litstnger, Growth Management Director; and William Laverty, L :)wth Management Planner. 0000 0o01 April 2, 1990 AGENDA Notice of Special Session, Monday April 2, 1990 to discuss a County-wide Special Assessment District for Road Impacts RATIFY CALLING OF THE SPECIAL MEETING Commissioner Saunders moved, seconded by Commissioner Shanahan and carried unanimously, to ratify the calling of the special meeting. Legal notice having been published in the Naples Daily News April 2, 1990, a~; evidt~nc~d I,y Affidavit t~f I'tH~licalio~ filed with the Clerk, a Special session was held on April 2, 1990, at 5:30 P.M. in the Commissioners' Board Room, Third floor, Building "F", Collier County Government Center, to discuss a county-wide special assessment district for road improvements. RESOLUTION 90-191 AUTHORIZING INTENT T~ FUND IMPROVEMENTS ON STATE ROAD SEGMENTS - ADOPTED; COUNTY ATTORNEY TO PREPARE STATE ROAD IMPACT FEE ORDINANCE; CHAIRMAN TO DRAFT LETTER TO THE GOVERNOR CONCERNING FUNDING OF STATE INFRASTRUCTURE; COUNTY MANAGER TO PROVIDE INFORMATION RE POLICY LOWERING DENSITY LEVEL THROUGHOUT THE COUNTY County Manager Dorri]l explained that Sta~,~ road deficiency problems are quickly leading to a time of decision relating to an interim moratorium and an .intent to use County funds to improve the State road network. He informed that there are currently five State Road segments which are deficient and below [,eve] ~ of Service and identified Jn the am~unt ,3f $145 mil/ion in revenue related need. Mr. Dorrill indicated that once a moratorium is Imposed, the County obligates itself to do something to correct the deficiency that has resulted ]n the moratorium, tie noted that tn order to make a decision as pain]ess as possible, Staff has prepared a report that raise funds in support of improving State roads. He advised that the final dlscusslon r~,gardJ~g the I,ocal Optlon Sales Tax ~s currently scheduled for a public hearing on April 10th, and the legal require- taunts for thc nol ice of moral~,ulum Inllst l)t~ mailed no later than this evening in order to comply with a series of four public hearings, and the mallln~s need to include owners o~ record of 80,000 parcels. He advised that the bulk mail cost of that notification Is $10,000, and recognizing that the mailings must be mailed tcnJght, and the hardship O0 PlO00% Paoe 2 April 2, 2990 and frustration of trying to resolve the concerns of 80,000 property owners, Staff is coming to the Commission this eveninG to determine if they are interested in incurring the obligation relative to the State road issue, and if so, the 80,000 notices will not need to be mailed out as there will be no need to hold the eveninG meetings relative to the moratorium. He said the Commission may put off the final financinG decision until after a Local Option Sales Tax referendum could be scheduled fo~ this fall. Growth Management Director Litsin~er explained that a number of the State road segments ~hat are deficient or potentially deficient are currently ]n the Capital Improvement Element (CIE), and the Ini- tial analysis as prepared by Transportation Staff also identifies other segments [hat would have to be added to the CIE at the same time the remedial amendments are adopted tn order to maintain concurrency, lacking a funding alternative from the State. In answer to Commissioner Volpe, Mr. LitsinGer informed that at the meeting of March 13, the Commission was presented with three sce- narios and funding alternatives which the Board did not wish to commit to. He indicated that Staff was directed to choose the moderate approach, proceed with the public hearing process, resultinG ~n the four public hearings that are tentatively scheduled for April with an ultimate conclusion around May 3, in anticipation of imposing any necessary moratoria or designating ASI's around potentially deficient road segments, pendinG a decision by the Commission to hold a referen- dum on the sales tax and the outcome of same. Colonel 3ohn Beebe, Executive Vice President, Greater Naples Civic Assoc]ation, a member of the President's Council of Property Owners, and President of ihe [,akewood Civic Association, stated that these through any kind of taxinG district. He stated that he believes that there are other options that need to be explored. He indicated that it Is outrageous that the Governor has defaulted on his obligation to the people of the State of Florida in blocking the funding of the DOT, Page 3 April 2, 1990 to correct the State Roads that may cause the moratorium to occur. He suggested that every element of the community skould put the pressure on the Governor to accept his responsibilities to fund these roads. He indicated that the legislative leaders are willing to enact the gasoline tax which is the principal manner in which adequate funds can be raised to avoid the moratorium and prevent degradation of the quality of life and the Level Of Service in Collier County and suggested that they be urged to pass the adequate funding and override the Governor's veto, if necessary, and If this falls, the entire com- munity should be pushed to be united in the support of t~e local option sales tax. Mr. Ron Pennington, President, Moorings Property Owners Association, stated that the public did not receive adequate notice of tonight's meeting. He echoed Co]one] Beebe's sentiments%, noting that the property owners of Collier County will not ~it back and agree to an increase in ad valorem taxes to pay for State roadways. He lndl- cated that there needs to be a further effort to convince the Governor that the funds must be made available for the Stat. e Road needs al%d suggested that Chairman Hasse relate this to Tel' 5bassee. Commissioner Saunders informed that he was adgised that the sub- Ject of this evening's special meeting was to discuss alternatives to a moratorium necessitated by deficiencies on State Road segments and noted that he is not prepared to address County Roads and State Roads. He questioned the deficiency of the Stat'e Roads Jn year 5 of the Five Year Plan and in year 10 of the Ten Yea~ Plan? Mr. Litsinger informed that it is estimated that the State Road deficiency from September, 1990, through September 30, 1995, will be approximately $53 mi]llon and the total 10 year deficit is $98 million. Commissioner Saunders questioned what the millage rate would be to fund the $53 million shortfall7 Mr. L~tstnger replied that ~t would take approximately .B mills. Commissioner Saunders stated that if there was a State Road Impact Page 4 April 2, ]990 Fee in addition to t~e County Road impact Fee, he is curious as to how much revenue could be z'alsed over a 5 yea~ period. Mr. Litsin~er informed that the County's current Road Impact Fees will bring in approximately $22 m~]] ton over a 5 year period and a State Road Impact fee would bring in several times that amount. C0mml~ion,,~' ~;aund,~'~ n~)t~d that he agre~s with Mussrs. Beebe and Penntngton that it ts inappropriate to raise ad valorem taxes to construct St~t(~ Road~;, but he is not opposed to othel' sources of reve- nue. He indicated that the State Road Impact Fee concept may very well offset the State Road costs. Commissioner Volpe indicated that during the five year window, there is the possibility that the State may increase revenues. tonight's meeting is to f~nd a mechanism that ~ouZd circumvent a moratorium, lmmediate]y, if in fact the sa],~[; tax refe~'*~ndum failed. He lndlcated that he is under the impression that there ~e~e no other alternatives, other than e~d valorem tax increases or some sort of a taxinG district. He noted that it is unlikely that Collier County wl]] receive enc~uGh money /rom the State within t%,~ next 6-8 years to fulfill these obligations. County Manager Dorrtll advised that pa~t of the problem with a State Road Impact Fee ls that those five roads are alz'eady deficient and there Is the oblfo~tj,~n ~o Improve those segments, and only by the impact caused by future Orowth can that portion of a State Road Impact Fee be applied. In answer to Commissioner Shanahan, Mr. McLemore informed that he would recommend Alternative ~3: County-wide Road Improvement Assessment District, since tt ts bondable, it ts ]mplementable within the municipalities, and the impact on the property owners is not dra- matic. He lnd~c,~t,)d lhni ~,]1 peop](~ beneflt fromm th(~e corridors. County Attorney Cuyler advised that the decision today is not to select a funding source and recommended that the Commission not com- mit to any specific funding source. He informed that the question Page 5 April 2, 1990 today is whether or not the Commission will move forward on the mora- torium notices. He stated that the Board needs to be able have a funding source that has been identified as a fallback to the sales tax. Commissioner Saunders indicated that he is prepared to support a motion to avoid the issue of a moratorium, but noted that he is not prepared to direct Staff as tu what would be a favored alternative. Co~aissioner Saunders moved, seconded by Commissioner Volpe and carried unanimously, that the Dep~rtmsnt of Community Affairs be advised that the Collier County Commission will fund, from some source and in some manner, the construction of improvements on State Road segments that become deficient In order to avoid the necessity of imposing a vast and harmful moratorium, and that Resolution 90-191 be adopted. See Pages ¢o~misstoner Saunders moved, seconded by Commissioner Hesse and carrisd unanimously, that the County Attorney be directsd to prepare a State Road Impact Fee Ordinance and report back to the Commission the structure of that type of ordinance so that in th.~ event the Local Option Sales Tax is not ~uccessful, there will be a mechanism to impose a Stats Road Impact Fee vsry quickly. Commissioner Saunders moved, sscondsd by Commissioner Hesse and carried unanimous/y, that the Chairman draft a letter to the Governor advising that ths method of saving taxes at the State Level by shifting ths burden to Local Governments to take up the rssponsibility of the Stats Government as it relates to State Roads is unaccsptable, and rsquest that the Governor re-evaluats the position concerning ra~sin~ tho funds to fund the Stats infrastructure. Commissioner Saunders suggested that the Commiss~on consider the possibility of adopting a Policy relative to lower density throughout the County. He stated that he would like to request that the County Attorney review what the impact would be of having as a policy in the Comprehensive Plan, a zoning density of i.e. 2 to 3 units per acre. Page 6 April 2, 1990 He indicated that the benefits would result in larger lots, more vege- tation, and less crowded roads. Commissioner Hasse suggested that County Manager Dorrill look into this matter and respond to same within the next couple of weeks. County Manager Dorri]l stated that he hopes that tomorrow's headline C[oes not read "C,~mmission removes threat of moratorium". He a moratorium could be imposed for .5 year or two, but at some point, the CommUnity,on w(u~ld b,~ subject t,~ le~a] challeu~e that compels the County to do something to correct the reason that the moratorium was imposed. He noted that he hopes the media w~l] indicate that the Commission has assumed the responsibility of some othe~ level of Government, and it ]s attempting to narrow and llmit the choices to lessen the impact on those that reside in Col 1]e~ County. Commissione~ Hasse concurred with County Manager Dorrlll and noted that he believes that the SLate ts responsible for Collier County's problems. Commissioner GoodntGht stated that Chapter 193 of F.S. says that the Tax Assessor needs to take into cons~deratlo~ ~ny moratoriums which will reduce the proi:orty values, and tn tur~,, will reduce the taxes that are collected, a)ul noted tha[~ ther~ wi l] be rF~sults on this issue ~n one way or another. There being no further business fo~ the Good of the County, the meeting was adjourned by Order of the Chair - Time: 6:25 P.M.. BOARD OF COUNTY COblMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL <; .. .. . f/ '~' AT~'EST.: ' JAt~E~ C.' GILES, CLERK 'J' ..... ,'J' '/ (~e"~. ~utes approved by the Board on as presented ~ or as corrected Page 7