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BCC Minutes 09/30/2003 W (Franchise & TDR Workshop)September 30, 2003 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY BCC/FRANCHISE & TDR WORKSHOP Naples, Florida, September 30, 2003 LET IT BE REMEMBERED, that the Collier County Board of County Commissioners/Franchise & TDR Workshop in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in WORKSHOP SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Commissioner Tom Henning Commissioner James Coletta Commissioner Frank Halas ALSO PRESENT: Jim Mudd, County Manager Leo Oches, Deputy County Manager Joe Schmitt, Comm. Dev. & Environmental Services Bleu Wallace, Utilities John Dunnuck, Utilities John Manalich, Assistant County Attorney Stan Litsinger, Planning Marti Chumbliar, Consultant -Carleton, Fields Robert Mulhere, RWA Norman Feder, Transportation Robert Wiley, Utilities Diane Flagg, Transportation/ATM Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA September 30, 2003 9:00 a.m. Tom Henning, Chairman, District 3 Donna Fiala, Vice-Chair, District 1 Frank Halas, Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST 1 September 30, 2003 TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. e 0 Pledge of Allegiance Transfer of Development Rights (TDR)/TDR Reanalysis Report Financial Impact Analysis Model (FIAM) Franchise Fees for Electric Power Providers Adjourn 2 September 30, 2003 September 30, 2003 e The Workshop meeting was called to order by Commission Chairman Tom Henning at 9:07 AM. Pledge of Allegiance was recited. County Manager Jim Mudd introduced Mr. Dan Sommers - Collier County Dept. of Emergency Management - gave a brief overview and update from the rain event of yesterday in a report that was handed out. (Attached) At 3:00 PM yesterday the staff monitored the rain and flooding. They exceeded 9 inches in certain areas of the County. The Emergency Operation Center called in a basic staffing and began a Level II (skeleton crew) of the emergency operation center. A State of Emergency was not declared. They provided services to the citizens until 10:00 PM. There were 1,200-1,500 homes that received significant impact from the storm - a slow rising flood event and still accessing it. They set up a shelter at the Golden Gate Park facility. No power outages. They are working with thc health departments for those with well water. 16 roads were impacted by water, 13 road segments which remained closed. Call volume was heavy, but manageable. He covered page 2 and 3 of the report of their goals for the day and an updated weather forecast and will re-access at 4:00 PM. Commissioner Coletta suggested a sheet flow taking 24-48 hours before they feel an impact in the rural areas including north of 951. Pumping will take place in the agricultural lands when the sheet flow picks up in residential areas and Code Enforcement needs to be on top of it. County Manager Jim Mudd gave a summary of the Agenda: Transfer of Development Rights/Fianancial Impact Analysis/and Franchise Fees for Electric Power Providers will be discussed. Aw Transfer of Development Rights (TDR's) - Joe Schmitt - Community Development introduced Stan Litsinger - Stan gave a presentation for questions the Commissioners raised in their June 11th Workshop consisting of 7 items which was in a handout and on the overhead. (Attached) 1. TDR's will be awarded at a rate of 1 TDR per 5 acres, no partials, no supplemental allocations. 2. County will be the sole authorized broker for TDR transactions - both Buyers and Sellers. 3. Minimum value/price set in LDC. Prices may float above the minimum in the market. 4. Dr. Nichols recommended a revised minimum value - $25,380. 5. LDC will provide a TDR Bank. Initial purchase addressed in FY04 Budget. 6. 5,300 TDR's - record in whole units as a severable property right per each entitled parcel subsequent to adopt LDC January 7, 2004. Page 2 September 30, 2003 7. Report back on the funding source for tracking & administration of the TDR for Palm Beach County and provide a recommendation for funding the Collier TDR program. County Manager recommends TDR administration to fund with MSTD General Fund (111) appropriations and transaction fees to TDR Buyers and Sellers. Commissioner Coletta feels the $22,300 is low and thinks those Sellers should hold out for a minimum of $25,000 - keeping in mind the last person that sells gets the highest price. Stan stated this will all be part of the Cycle III with the Rural Fringe and Eastern Lands with TDR portion and having public heatings through the Planning Commission, with adoption before the BCC on January 7th. Upon adoption of the LDC they will hold a Public Information Program, property owners awarded TDR's will hold workshops for clear understanding of the TDR's. Commissioner Coletta asked that the Commissioners be notified of the mailings and meetings and possibly post signs at the Rural Fringe for notification of the meetings. Commissioner Henning asked about the Administration costs and felt this is a County wide benefit and hope the funding sources come from the General Fund instead of the unincorporated General Fund. Commissioner Coletta recommend they go to the $25,000 - no fees by Buyer - and County take an active role as a Broker. Commissioner Henning - Broker vs. In-house from staff is okay with Commissioners. Item #1 on the needs more clarification. Discussion followed on the 1 TDR per 5 acres. Page 9 - North Belle Meade/Earth Mining/Rural Fringe mixed use District - he wants to give Transportation the opportunity to evaluate the whole road and make the best choices for the County. (Get heavy truck traffic off the boulevard). You do not lose all rights when you sell your TDR's. Discussion followed on farming the land, ascending lands and fights, selling the TDR's, removing exotics and density by right. Commissioner Henning stated they do not know whether the 640 acres in Big Cypress is going to be in the Rural Fringe or Eastern Lands for recreational activities - wants to make sure it will be in the Growth Management Plan & LDC. Mr. Mulhere responded there are some glitches that will need to be revised in the Growth Management Plan. One is Cultural, Recreational & Educational facilities. Page 3 September 30, 2003 B. Franchise Fees - Bleu Wallace, Robert Wiley-Storm Water Management, John Dunnuck-Beach & Boat Access, Diane Flagg-Transportation - Bleu gave a slide presentation: Franchise Fees Legal Justification - they are legal Are not new for Electric Power Providers - Fees - negotiated % of Billed Revenues/less write offs - Showed different service areas (only collect from unincorporated areas) - Could be as high as 5.9% - Fees passed onto customer who benefits from the service - Monthly bill of $200 - if franchise fee is in = 211.80. $11.80 is the franchise fee. Annual Electric bill with no franchise fee =$2,400. With franchise would be 2,541.60 - of that 141.60 is the franchise. Cable & Telephone Companies already pay for use of ROW through communications services tax collected at the state level and distributed back to local governments. They are paying for the use of the ROW - the County gets $2.9M/yr - they do not collect a fee for the poles from the providers. 4 Items for alternative funding sources for UFR's & burying power lines 1- Cost Differential for Burying Power Lines vs. Overhead Lines 2- Median Maintenance/Landscaping 3- Beach access/Boat access 4- Storm water Improvements Burying of Power Lines - Joe Sehmitt - LDC Guidance - Slides shown of power lines - Underground differential for Annual Upgrades - $11M Selective burying of lines projected at $4M annually Discussion followed. Mr. Wallace said it is very important to get started and if it is with the $4M it's important to start somewhere. Mr. Mudd stated FP&L stated in order to give any new construction in Collier County; they would need $11M a year as the Counties cost share to their 1/3. They would be paying $4M to the Counties $11M. That is for new power requirements within Collier County. Mr. Mudd reminded the Commissioners that this is a controversial subject and they can wait until later and be in the position as Naples is in. It was brought up by a community to bury power lines, brought in front of the Board; and the decision was made to set up an MSTU for this particular item. The Board did not ask the community if they wanted the MSTU, they made it and taxed them for the power line going underground. The community was never asked for a 50+1 vote. Staff is trying to give the Board options. Page 4 September 30, 2003 Landscape Beautification - Diane Flagg - Master Plan Slides shown of different medians & water retention ponds Figures showing funding structure - FY04-11 - Gas Tax funding, Capital MSTD, Maintain MSTD, and total cost MSTD fully implemented is $18M gas tax and $36.5M for landscaped roads. Norm Feder- Transportation - spoke about the funding issues and where they are for Landscaping with Fund 111 for maintaining the Landscaping. Beach & Boat Access - John Dunnuck - Slides shown for areas being looked at for acquisitions for beach access and boat launch per the Boards direction. - Overview dollar amount for build out-- 20 years = $135M Marine & facility acquisition including Vanderbilt Inn Up front cost - in order to get the land - they need to do it now to Protect for the future. No dedicated funding source for any of the above. Storm Water in Collier County Improvements - Robert Wiley - He will cover how the system works, how it got to this point, which is responsible for what and what projects are proposed. - Subtle changes of a few inches can make a Big Difference in "sheet flow patterns". - Showed the primary and secondary canal system. - Gave the three levels of the stormwater systems. - Responsibilities - Collier County is maintained by Big Cypress Basin Secondary is Road Maintenance, Private Culverts/Driveways is maintained by private homeowners and homeowner associations. Order of Flow Typical Neighborhood Roadway section Capital Projects were listed & shown Many areas were shown with flooding & problems Master Plans were shown Australian Pine Removal Project - Exotics - Florida Specialties Ditch Enclosures - Culvert & Roadside Swale Reconstruction - 20 year Stormwater Plan (Capital Projects) - A major program needs to be put in place - start with the worse and go through the entire system to establish flow lines. - Total Maximum Daily Load - how can the County minimize impacts? - Florida requires identifying water bodies impaired by pollution & set TMDL's. - Collier- many are already classified as impaired If not meeting TMDL's - new development stops Page 5 September 30, 2003 - How to avoid TMDL's - participate in the process - is mandated. - If water shed management plan in place - State of FL will not set the TMDL's - Permit Program & Phase II was shown Stormwater Issues were discussed All these things need to be implemented Final recap of all costs were given Joe Schmitt questioned where they go from here and what choices do they make. County Manager Mudd talked about changing the Land Development Code, feeder lines, expansion of lines and how to deal with the things they need to accomplish. - Franchise fees and increase of ad Valorem could be used for all 4 categories. There are no impact fees for Parks & Rec - could be done. - MSTU's can be used to bury power lines, median landscaping and stormwater improvements. Some MSTU's are very successful with a lot of community involvement. He talked about the Naples Park study and the dissatisfaction with the stormwater- 60% of the price from the Dover Kohl study improvement is stormwater. - TDC funds can be used for Beach & Boat access with an Ordinance change. - Stormwater Utility - Utility Ordinance in place but no mechanism to fund or to collect the funds. Hope Big Cypress Basin would take over the secondary system & take on the costs. Their funds come from the tax payers of Collier County. No money will magically just show up to take care of the problems, and will have to be paid for by the tax payers of Collier County. The BCC devised a Revenue Commission to look at new sources of funding and a way for the Board to take a look at problems and come up with the best recommendations. 18 members on the Board are representing all parts of Collier County and staffs recommendation is to go to the Revenue Commission and have them come back to the Commissioners with options. 10:50 AM Break 11:05 AM Reconvened Questions were taken by the Commissioners. SPEAKERS Robert Wright - 25 year full time resident - President AARP Chapter 3753 - He is representing the low & fixed senior citizens of Collier County. They are in opposition to the Franchise fee which he stated is a hidden tax. This could be approved by the Commissioners of 5.9% and more if that is not enough -without voter input. The Governor approved telephone rate increases by $3-7.50. He Page 6 September 30, 2003 stressed how hard it is for the low & fixed income people to survive on their incomes without extra fees and/or taxes. He felt it was unfair to hit the unincorporated areas, and to tax those areas where the work is going to be done. Landscaping should be done by Districts and not county wide. Pork Barrel projects by State Legislatures on a Federal level are well known and wonder if they have it on the County level also. A better use of the current taxes without hitting the residents who least can afford an increase of electric bills should be considered. The beach access is a county wide issue - where do they get the money? They could use "Pay as you use" basis - feels they should look at it. He wondered about getting revenues from golfers- but didn't wasn't to go there. The County should look for more areas of revenue. AARP is a strong political force and meets at the Golden Gate Community Center the first Thursday of each month at 11:30 AM. Doug Fee - Carrick Bend Circle -he didn't envy the Commissioners and felt they will make the right decision. He talked about the roads now being planned when they weren't in the past. He felt they should be taking care of these needs now, as in the future, they could be paying more. As a private citizen he supports what they have before them in solving the problems. He sits on the Revenue Commission and supports getting their opinions and putting a time element at getting back with the options. Robert Caron - Wiggins Bay Development - North Bay Civic Assoc. - Not sure if a franchise fee is better than any others, but glad they are facing the issues now. The Civic Assoc. recognizes that each of the 4 areas discussed are important and will be behind the Commissioners in whatever decision they make. These are not options, they are mandatory if they are going to enjoy the quality of life that has attracted them to the Naples area. A 20 year timeline is on most proposals with the beach access now; everyone will be paying close attention and stand ready to help in any way they can. Scott Boedeker - 21st street NW - East of 951 - he has a problem of constant flooding & has gone to Stormwater Management and they can't fix it because it take funds to fix it. He has a culvert that is higher than his property and after a rain it pours towards his house and floods 2 feet or higher in his yard. When the neighbors subsides and drains into the canal, his water does not. He is not sure who should pay for it - the property owner or the County. He pleaded that it should be fixed. He complimented Mr. Wiley on knowing the problems and being willing to fix the problems, just needs the funds. Mr. Mudd stated the staff's recommendation is to send this presentation to the Revenue Commission, ask them to examine the issues and go back to the Board of County Commissioners with recommendations for new funding sources or increase existing funding sources & to look at the best way to pay for the Page 7 September 30, 2003 program. He would recommend they have their recommendations by March 1, 2004. Commissioner Coletta would like to have them look at all options and is not in favor of franchise fees. Commissioner Halas feels the time is here for all avenues to be looked at. Doesn't feel the people in the County can support an MSTU in an area where issues of flooding is of major concern and expense. It's time to address these problems, plan for the future, take care of the problems they've had in the past because it will not get any easier. Commissioner Henning stated he disagreed with the stormwater issue. There are many communities in Naples that have paid for and maintained their stormwater management through association fees, CDDS, MSTU's - so why should the citizens of Collier County pick up that burden. - He hasn't heard from residents of Collier County wishing to bury utility lines - would like to take off the table for the Revenue Commission. He would like to see Big Cypress Basin taking over the secondary canals. He also wondered if the BCC wants to take a position on property before it is resold, to have the drainage system updated. There needs to be a program for neighborhoods in place to call Code Enforcement and have culverts be updated. Also need to address new constructions that do not have culverts. -Beach and Boat access fees will be looked at in the unincorporated area. They can not tax the City of Naples, Marco Island or Everglades. There is a benefit of beach access and would hope the TDC & CAC and staff will be coming forward on how to deal with it. - Median Landscaping - he wants to bring forward the existing Ordinance on Landscaping. He wants to address what they call "hat raking" which actually damages the trees and needs to be replaced. This is usually a tree of 15 years or more that is replace with a 5 year tree and is a negative lose for the County. Permits are gotten to clear exotics or clear naturally and they overdo it and take out the natural vegetation- which again is a net lose to the County. He will be proposing a landscape mitigation bank where the violators will put into a fund for the violation, correct it and also for increasing median landscaping. He wants to narrow the scope and come back by March 1st. Commissioner Halas disagreed with the stormwater issue. He summarized the problem and feels it is a county wide situation and an MSTU is not the way to resolve it. Commissioner Coletta wants the Revenue Commission study the whole package and keep it together. He suggested the Revenue Commission may have to go to bi-monthly meetings rather than monthly. Page 8 September 30, 2003 The life span of the Revenue Commission is 18 months and they have a desire to give direction on funding sources. It was the consensus for the Revenue Commission to look at "all" funding sources. Commissioner Henning would like to have dropped the burying of utility lines, but the majority asked to leave it in as an option. Commissioner Henning mentioned he will be correcting a remark he made at the last Board of Commissioners meeting with a letter to the editor. It was stated that he said he would not spend any more money in Naples Park. Clarification was concerning the questionnaire of "studying it more" he wanted to remove the question from the questionnaire and mentioned he did not want to spend any more money in Naples Park for another study. There being no further business for the good of the County, the workshop was adjourned by order of the Chair at 11:45 AM. COLLIER COUNTY BOARD OF COMMISSIONERS FRANCHISE AND TDR WORKSHOP Ch airm~h~~lssi~h'~' ~o~~g ATTEST: ' '~' , DWIGIqT E. BRocK, CLERK Attest as t~ Chairman' s signature o~ly. These minutes approved by the Board on as presented x// or as corrected Page 9