BCC Minutes 11/13/1990 S < ' Naples, Florida, Novembe2' 13, 1990
LET IT BE REMEMBERED, that the Board of County Commissioners in
for the County of Collier, and also acting as the Board of Zoning
and as the governing board(s) of such special districts as
.been created according to law and having conducted business
met on this date at 6:35 P.M. in SPECIAL SESSION in Building
the Government Complex, East Naples, Florida, wfth the
~llowing members present:
CHAIRMAN: M~ A. Hasse, Jr.
i' ALSO PRESENT:
VICE-CHAIRMAN: Michael J. Volpe
Richard S. Shanahan
Burr L. Saunders
Anne Goodnight
Annette Guevin and Ellie Hoffman, Deputy Clerks;
, Assistant County Manager; Ken Cuyler, County Attorney;
Lawson, Assistant County Attorney; Mike Arnold, Utilities
Administrator; Bob Blanchard, Chief Planner; Barbara Cacchione,
.'..OJect Planner; Frank Brutt, Community Development Services
; Dave Weeks, Planner; and Deputy Byron Tomlinson,
Page
November 13, 1990
DEVELOPMEITT DIVISION REQUESTING AN ORDINANCE AMENDING
90-23 ]~NOWN AS THE COLLIER COUNTY ZONING REEVALUATION
iOI~DINANCE, PROVIDING AN EXEMPTION FOR THE URBAN DESIGNATED AREAS OF
CHOKOLOSKEE AND PLANTATION iSLAND - SECOND PUBLIC H~ARING TO
-]~LDON NOVEMBER 27 1990
al notice having been published in the Naples Daily News on
6, 1990, as evidenced by Affidavit of Publication filed with
public hearing was opened to consider an ordinance amending
nance 90-23 known as the Collier County Zoning Reev&luation
; amending Section 2.4, Exemptions; providing an exemption
Urban Designated Areas of Copeland, Chokoloskee and Plantation
land as identified on the Future Land Use Map.
Cacchione, Growth Planning, stated this proposal was
Oved %znanimously by the CCPC on 11/2/90 with no speakers ~n oppo-
:A~n. She informed that this is the first of two public hearings to
the ordinance, adding that the second hearing is scheduled
Cc~u~m~r Shanahan ~ved, seconded by Comiss~oner Goodn~ght
~~ly, to close the ~bl~c he~ng.
Z0-90-19, ~ O~IN~CE ~ING O~IN~CE 82-2, SECYIONS 14.2
;~'~SCO~~D ~ OF cOLLiER CO~ - S~co~ P~nrc ~rN~ TO
~[: Legal notice having been published in the Naples Dally News on
6, ~990, as evidenced by Aff~davit of Publicat~on f~led with
public hearing was opened to consider an ordinance amending
82-2, by amending Section 14.2 and Section 14.3.
David Weeks explained this petition is basically a house-
.item in order to comply w~th State Statutes, with the excep-
of proposed public notice requirements for the CCPC regarding
;rehensive rezonings involving less than 5% of the County. He said
?-State does not address that issue and this amendment will require
da¥'/egal advertisement and l§-da¥ notice to affected property
~S,." He concluded that the CCPC voted unanimously on 11/2/90 to
Pa~e 2
November 13, 1990
i.!?he proposed changes.
to Commissioner Volpe, Planner Weeks stated there has
n° change in the requirement of notification to property owners
'SO0 feet of the subject property.
Gommisstoner Volpe commented that the notification requirements
not sufficient and suggested sending notices to a
:mnCe greater than 300 feet in some instances.
'~ ~ < -
Weeks Indicated Staff needs specific language tn the ordt-
as to who to notify. He added it ts difficult to kno~ ahead of
which rezontngs or land use petitions ~tll generate concern from
:"public.
i.,Fr~ Bru~t, Community Development Services Administrator, com-
that this situation ts common tn many communities and a solu-
has been to place the responsibility on any civic organization
desires to have copies of the sail-outs relative to notlces. He
they should subml~ their names and addresses to the Board so that
petition comes up, Staff can look at the geographic area and
~te~mlne which organizations desire to be no~tced. He emphasized the
should be placed upon those organizations and not on Staff
which organfzattons receive notices. He stated a clearing
ts needed of names and addresses of organizations and also make
responsibility of the tndlvtdual organizations to keep the list
Commissioner Volpe suggested that Staff be directed to implement
type of notice mechanism and institute an annual fee for those
;hing to be on the mailing list.
~,Co~teeion~r Shanahan moved, seconded by Commissioner Volpe and
[ unanimously, to close the public hearing.
County Attorney Cuyler informed that the second public hear:lng for
petition is scheduled for November 27, 1990.
continued to 11/27/90
TO BE KNOWN A3 THE COLLIER COUNTY REGIONAL SEWER SYSTEM
FEE ORDINANCE - SECOND PUBLIC HEARING TO BE HELD ON NOVEmbER
Page 3
November IX, 1990
al notice having been published in the Naples Daily News on
6, 1990, as evidenced by Affidavit of Publication filed with
public hearing was opened to consider an ordinance to be
the Collier County Regional Sewer System Impact Fee
:M~ke Arnold, Utilities Administrator, stated that both Item #SD
Item #3E relate to the proposed water and sewer impact fee ordi-
for Collier County. Ne said the current ordinance was adopted
1986 and a great many issues have come up since that time. He
~tated the proposed ordinances represent a very lengthy and difficult
by Staff and the County Attorney's Office to compile all poli-
~regardtng impact fees that will bring Collier County up to the
standards of impact fee collections. He noted that the ordi-
being proposed do not constitute any changes in the dollar
of impact fees to be applied. He added a comprehensive rate
is underway which will eventually readdress the impact fees,
, he does not anticipate any great adjustment in the current
lact fee rates for water and sewer. He informed that the CCPC una-
y endorsed the proposed ordinances, however, they indiceted
would like to see some means incorporated into the ordinance to
:ovtde financial assistance to homeowners of mobile homes located in
home rental parks. He said the County Attorney's Off~c~ has
language that may address that issue.
i In answer to a question raised by Commissioner Volpe, Mark Lawson,
County Attorney, responded that waiver of impact fee~ in
i. to affordable housing pro3ects will be considered only on those
'~'°f'a development which are in the affordable
Arnold summarized the provisions contained within the ordinan-
and concluded by recommending adoption of the two ordinanc.~s as
at the second public hearing.
Mr. Arnold clarified for Comm~ssioner Volpe that excluded from
area of collection, are the Pellcan Bay Improvement District,
~lden ~ate City, Marco Island and the City of Naples. He added that
/ 000PAG[ '06 Page 4
November 3.3, 1990
furthar exempted area is rural Golden Gate Estates, howeve2., if
areas desire to petition the County to provide water and
the proviso is within the ordinance to allow that to occur.
Tom Hart, representinG IRT Property Company, the owners of
l'lf~Iate ShoppinG Center, stated that when the district was set up,
was exempted from paying impact fees and assessments. He
reason is that the owners purchased the line twenty years ago
ties that property into the Naples sewer system. He lndficated
l;alderstandtnG is that the new district wants to use that line as
.arff of the system. He stated the owners feel they have contributed
than their fair share to the district by having built thai: line
~¥ears ago and would like clarification whether or not they will
;included In the new ordinances·
Mr. Arnold stated he will make arrangements to review the documen-
ton alluded to by Mr. Hart, prior to the second public hear:lng.
Clerk Hoffman repleced Deputy Clerk Guevin at this
· Ingram explained that his property is in the same post~:ton as
khat of Pelican Bay, and noted that there is a functioning wat,:r/sewer
.which was installed 20 years ago and dedicated to the C.[ty of
~les.':. He questioned 'why he should have to pay an impact fee when
Coktnty will be taking over Pelican Bay and those people will not
.ay~ng a second impact fee. He indicated that he does not
why he should pay an impact fee or be assessed for
~0~thing that he already has.
'.iAsststant County Attorney Lawson stated that he will meet with Mr.
n~r.am.-and provide a response to him before the meeting next
;'Mrs. Hope Miller, representing Blue Sky's Co-op, Inc., advised
she is pleased that her park will be able to utilize the sewer
but the problem is how the residents will pay for same. She
that the Commission consider Blue Sky's for an extended
,t, pertod. She indicated that the residents purchased the park
a continued increase in rents and the majority of the residents
.years of age and older, on fixed incomt'.u.
'97 Pa e
November 13, 1990
Arnold replied that there is proposed language for the ordi-
would allow the type of consideration that Mrs. Miller is
County Attorney Lawson stated that the proposed language
gate the ability to Mr. Arnold to extend payments to indtvi-
.homeowners where park owners demonstrate a financial inability.
Mr. Tom Seater, Manager, Naples Mobile Estates, indicated that the
'6posed revision extends a degree of equity to the mobile home owners
l~hin his park, and supports this situation. He called attention to
Provision in the ordinance "...The Board in its full discretion
'~xtend payment of the sewer system impact fee from a mobile home
owner provided that such mobile home park owner makes good faith
of his inability to obtain financing elsewhere." He
~lained that he is certain that he could obtain financing elsewhere,
~i.:~' .
i:.questtoned what that cost might be. He noted that he understands
*i,t would be approximately 50% more than the County will be
,g to other people in similar circumstances. He requested that
language be amended to reflect "inability to obtain financ:[ng
at comparable interest rates."
Mr. Arnold reported that the intent of the ordinance is to direct
home park owners to the private sector loan group, and if this
.not possible, they may petition the Commission ~ndividually, for
e~type of relief.
..Assistant County Attorney Lawson advised that the intent ¢.f the
n is not to provide financing to the public, but the
will be acting in a welfare capacity to provide a safety
"for people who otherwise would feel the economic pinch. He
,orted that for the sake of parody, if the Commission finances a
~a~ou/%t of the entirety of the impact fee income, the funds that
be used to pay back the bonds will be used up.
Mr.>!Arthur Davis, representing Cricket Lake Rental Apartments,
that in 1980-81, the previous County Commission passed the
:fy level housing ordinance. He advised that Cricket Lake which is
Page 6
!i/ .. Novembe:r 13, 1990
approximately 200 apartments, was built under that ordi-
i~' with average rents slightly over $400 per month, and the so-
le~ affordable housing rents are $560-$600 per month. He requested
the affordable housing exemptions as mentioned in the ordinance
~'alade available to the Cricket Lake Apartments. He indicated that
term financing will not be available for his comple.~, and his
be $206,000 or $1,000 per apartment. He affirmed that this
within 3 years, with interest, will amount to $40 pe~ month
added sewer charges will be an additional $18 per month.
!~Mr. Davis disclosed that the vast majority of the Cricket Lake
are nurses, teachers, and many hundreds are and have been
,thouse employees. He revealed that Cricket Lake was designed at
;t~me When there was a shortage in fuel, water, etc., and therefore,
w flow toilets, and showers were instal/ed. He noted that the water
is less than 1/2 of the water useage that is schedule~ on the
of 225 gallons per day per apartment.
f.
j~:Mr. Arnold advised that the ordinance does not address rantal
~lexes, however, he noted that he intends to meet with Mr. Davis to
issues with respect to Cricket Lake. He disclosed that affor-
rig, as addressed in the ordinance, relates to future deve-
iASsistant County Attorney Lawson called attention to Page 26 of
Sewer Ordinance, as drafted, which relates to reimbursement, and
'ithat Mr. Davis may be able to qualify if he meets the standards.
that this is a po/icy decision that staff will be looking
from the Commission.
· David Jacobs, representing the owners of Southwfnds Mobile
{o~ Park, advised that his concern relates to obtaining financing for
,000 in impact fees which will be due. He indicated that he
i, searched the commercial banks which will provide financing over
~.¥ears at 1§~-16% interest. He noted that presently it is very
fficult to obtain loans for mobile home parks. He requested that
Commission consider financing the $382,000 for the'residents of
Page 7
Novemb(~r 13, 1990
. 'He cited an additional concern of the residents: $16.50
!~month sewer charge. He applauded staff for reviewing tile volume
rates for sewer, and indicated that he hopes this wtl.l become
as soon as possible. He affirmed that it ts becoming very
:tcult in Collier County to keep the rents down due to the impacts
lewer, and water.
y John Brugger, representing several different clients,
concerns of several of the mobile home parks thai: have
~erative units. He noted that the ordinance Is drafted in a manner
a hardship decision up to the Commission, but added that
be next to impossible to obtain the necessary ftnan¢:tng for
He advised that if the buildings are demolished or
:oyed due to a storm, they will be down-zoned and found to be
with the Comp Plan. He related that he has met with
)resentatives from Sun Bank and he has been informed that they will
lting commercial lending in areas that are subject to down-zoning
~ecauSe~the risk is too great. He noted that there a number of inter-
led concerns that will make the financing of impact fees very dlf-
:Ult. He suggested that the Commission look further into the
.payment program for various types of projects and not merely
homes.
i~ii'Attorney Brugger stated that he believes that the sewer service
be made available and people should pay their impact fees and
but a method by which they can make those payments needs
[be'resolved. He indicated that he will meet with staff prior to
inext meeting to d]scuss his concerns.
Attorney Bruce Anderson, representing Caribbean Mobile Home Park
that 83~ of the residents of 359 units are classified as senior
, living on fixed incomes. He indicated that the es~ttmated
for this park will be approximately $480,000, def~ending on
of bathrooms in each unit. He stated that he has reviewed
extended payment language and concurs with the majority of
but noted that when the cost of removin~ the existing treatment
November 13, lggo
,.considered, in addition to connecting to the new system,
)le will be faced with a rent increase solely attributable to
~e~er service of about $54 per month. He encouraged the Commission to
,the flexibtllty that is contained in the County's Water/Sewer
Act that permits people to receive extended paymen%s on their
fees.
were no other speakers.
.Mr. Arnold stated that he does not want anyone to lose might of
fact that when the package plants come off line the cos:: of
g those is gone. He noted that plants and the percolation
occupy land within those parks which will be freed up and this
some value. With respect to considering the financing, he
~ed that staff has had detailed discussions with legal counsel and
cou/~sel as to what might be an appropriate rate to set for
g. He noted that if a large portion of the impact fee revenue
is to be financed, the ordinance may need to be amended to
the interest rate to reflect the County's cost.
Commissioner Saunders suggested that staff find a metho,t to soften
impact of these fees in cases where there is the need for that to
~pen. He noted that if the ordinance needs to be amended, to
norease the interest rate to reflect the actual cost, plus admi-
ltstrative costs, so be it.
ilCommissioner Shanahan stated that it appears that the problems
been identified, and staff needs to address the problem when
ies'~car~not be obtained, and if monies are able to be obtained, the
es are prohibitive with respect to the ability in paying them.
· Commissioner Volpe explained that the Commission wants to be fair,
it does not want to become the bank.
/::i:i! Commissioner Saunders affirmed that there has to be consistency in
i. manner of fairness in which people are treated.
.TGommissioner Volpe noted that there will be a cash flow problem
.nee the County will be trying to retire bonds, and there needs to be
guidelines.
Page 9
November :13, 1990
Shanahan ~oved, seconded by Co=missioner {ioodnight
un~niml¥, to close the public hearing.
OR~II[ANCE TO SE KNOWN AS THE COLLIER COUNTY REGIONAL WA~T~R SYSTEM
'I~EE ORDINANCE - SECOND PUBLIC HEARING TO BE HELD ON NOVEMBER
£990
ial notice having been published in the Naples Daily News on
r 6, 1990, as evidenced by Affidavit of Publication filed with
Clerk, public hearing was opened to consider an ordinance to be
as the Collier County Regional Water System Impact Fee
discussion on this item was included with the previously
.sc~Ssed item.
,:~toner Shanahan moved, seconded by Commissioner Goodntght
c~r~t~d unani~ualy, to close the public hearing.
being no further business for the Good of the County, the
ing was adjourned by Order of the Chair - Time: 8:00 P.M.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
~X A HASSE, JR' , C[{AIR~AN
approved by the Board on
or as corrected
Page 10