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BCC Minutes 12/09/1992 S Naples, Florida, December 9, 1992 LET IT BE REMEMBERED, that the Board of County Cu,nmtssioners 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 having conducted business herein, met on this date at 9:00 A.M. in JOINT SPECIAL SESSION in _Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Michael J. Volpe VICE-CHAIRMAN: Burr L. Saunders John C. Norris Timothy J. Constantine Bettye J. Matthews CITY OF NAPLES: MAYOR: Paul W. Muenzer VICE MAYOR: Fred L. Sullivan Ktm Anderson R. Joseph Herms Alan R. Korest Ronald M. Pennington Peter H. Van Arsdale ALSO PRESENT: Annette Guevin and Ellie Hoffman, Deputy Clerks; Neil Dorrill, County Manager; Jennifer Edwards, Assistant to the County Manage~; Ken Cuyler, County Attorney; Richard Yovanovich, Assistant County Attorney; George Archibald, Transportation Services Administrator; Frank Brutt, Community Development Services Adm~nist~ator; Tom Olliff, Public Services Administrator; Bill Lorenz, Environmental Services Administrator; Fred Bloetscher, Assistant Utilities Administrator; Tom Conrecode, Capital Projects Management Directo~; Greg Mihalic, Affordable Housing Director; John Boldt, Water Management Director; Vlad Ryziw, Transportation Engineer Project Manage~; Dr. Richard Woodruff, City Manager; and Maria Chiaro, City Attorney. Page Tape APPROVAL OF AGENDA December 9, 1992 approve the agenda as presented. un&ntmousl¥. (2a4) Item #3A & #4D Commissioner Saunders moved, to remove Item ,SD from the agenda for alternate discussion. The motion died for lack of a second. Council Member Anderson noted several items under the Board of County Commissioners and City Council are related. She suggested discussion of those items be heard together. It was the consensus of both groups that related items be heard as one discussion. Commissioner Matthews moved, seconded by Commissioner Norris and carried unanimously, to approve the agenda as presented. Mayor Muenzer noted that the City Council will continue their nor- ma1 practice of roll call votes on their motions. Councll Member Penntngton moved, seconded by Councilman Harms, to Upon roll call, the motion carried 'PROPOSAL FROM THE CITY OF NAPLES RELATIVE TO THE CREATION OF EMS USER FEES TO REDUCE OR ELIMINATE THE DEPENDENCE OF AD VALOREM PROPERTY TAX TO FUND EMS - COUNTY MANAGER DIRECTED TO MEET WITH CITY MANAGER TO SET UP EMS UTILITY AND RETURN WITH PROPOSAL AT THE NEXT JOINT MEETING IN MARCH, 1993 Dr. R/chard Woodruff, City Manager, noted the Board of County Commissioners is not being asked to authorize a program this date, rather to consider a new way of looking at EMS. He Gave a brief over- view of why the City began to look at the EMS issue. He noted the primary question concerns whether there is a better way to fund EMS · than the way it has always been done. He tndlcated this presentation shows the ~usttftcation for such an alternative. He explained that through information received from the Property Appraiser, the City believes a more equitable system is to establish user fees which would Page 2 December g, 1992 cost each residential unit approximately $18.38 per year with a transportation charge or $46.96 without a transportation charge. He noted the figures being presented are based on the urban area only, and exclusively pertain to developed residential properties. Commissioner Volpe remarked that calls for service have proven much higher '~n retail, office or commercial space as opposed to resi- dences. He suggested that point must be factored into the proposal and questioned how commercial properties would be billed under the City's proposed system? Dr. Woodruff explained if it is dec~ded that commercial properties are to be included, an equivalent residential unit (ERU) system can be establ~shed;:whereby those properties.would pay based on their, equiva- lency to single-family homes. He noted that would substantially reduce the cost to the residential units. Commissioner Saunders commented the City's proposal is a pur- suasive argument for an al~ernative funding mechanism. He said the Board has been struggling with how to fund EMS, and suggested a decl- sion be made this date whether to accept the concept that there is a better way to fund this service. · Commissioner Matthews mentioned her concern that the transpor- tation fee would be eliminated. She suggested that ~ssue be rev~- sited. She said that otherwise, she agrees with the need for an alternate funding mechanism. Dr. Woodruff ~ndtcated his agreement that a transportation charge be retained, explaining the f~gures were presented both ways due to a recent newspaper article. Oommissioner Saunders added if the transportation charge is completely eliminated, ~t would not be possible to bill insurance com- panies. Commissioner Constantine concurred with Commissioners Saunders and Matthews that there ~s a better way to fund EMS. Commissioner Norris pointed out that another issue to be kept in mind Is the approximately 27,000 residences In the County that are Page 3 December 9, 1992 ~)~i!/i~/ assessed at less than $50,000. Me said that is true because there are SO many people living on low incomes, which must be considered when discussing everyone being assessed equally. Dr. Woodruff stated there are many ways to look at th~s issue. He indicated his hope that through this discussion, both bodies will authorize their respective Staffs to do a more in-depth study on possible alternatives. Council Member Pennfngton communicated that the large n~mber of residents on Medicaid must also be considered, not only those with low incomes. Commissioner Volpe noted the system being proposed does not con- template the non-resident, non-taxpayer utilizing EMS services. He asked if any thought has been given to how to treat the visitor to · :this community? Dr. Woodruff suggested that issue be dealt w~th through retaining a transportation fee. Commissioner Saundems moved, seconded by Commissioner Constantine, to direct County Manager Dorrill and his Staff to meet with Dr. Woodrllff and his Staff with the aim of potentially setting up an Emergency Medical Services Utility whereby there is an assessment to both residential property as well as commercial property; that there · be a ~echanism to insure that insurance companies and visitors are paying their fair share; and recognizing that the Board of County Commissioners must appropriate funds to the Tax Collector to enhance the computer system in order to accommodate this additi6nal program. County Manager Dorrfll suggested the costs to administer this change need to be more fully explored. He also asked the group to keep in'mind that those residents owning homes assessed at less than $50,000 will see their tax bills increase by an average of ll% through this proposal, while those in million dollar homes will see an almost negligible reduction. Council Member Korest suggested the cost of EMS Administration ? ' could be improved. Paoe 4 December 9, 1992 Council Member Herms added the amount to be assessed individual properties may be significantly lowered through better efficiency. Council Member Anderson supported setting a minimum assessment on !residences with lower property values. She suggested the State Insurance Commissioner be asked if a service availability charge may be imposed on insurance companies. She also proposed that the City's Charter be amended to delete the Fire Rescue services, because in her opinion, it is a duplication of service that Is not in fact providing a total service to City residents. Upon call for the question, the motion carried unanimously. Council Member Penntngton moved, seconded by Council Member Anderson,' to support the above motion, adding that City Staff will investigate deleting the Fire Rescue services and the City Attorney will look into amending the Charter. In response to Council Member Korest, Commissioner Saunders indi- cated his desire that this program be completed for implementation during the next budget cycle. Mayor Muenzer aske~ that this proposal be placed on the agenda for the next Joint City/County Meeting in March, 1993. Upon roll call vote, the motion carried unanimously. "'s Recessed: 10:20 A.M. - Reconvened: 10:35 A.M. ''' At this point, discuss~on ensued with regard to both parties being allowed to discuss an item after one group has made a motion. It was the consensus that once a motion as made, discussion will be limited to the group having made the motion. Council Member Pennington suggested that Staff provide the Council and Com~misston with basic rules of procedure for future meetings. (3090) ' Items #3D, #3F & #4E PROPOSED ORDINANCE CREATING THE CITY/C0UNTY BEACH RENOURISHMENT ADVISORY COMMITTEE - IN LIEU OF ORDINANCE, COUNTY RESOLUTION 92-656 RECOGNIZING CURRENT COMMITTEE AND ITS REPORTS - ADOPTED; CITY TO MODIFY THEIR RESOLUTION INCREASING COUNTY MEMBERSHIP ON THE BEACH RENOURISHMENT/MAINTENANCE COMMITTEE BY FOUR MEMBERS Legal notice having been published in the Naples Daily News on November 19, 1992, as evidenced by Affidavit of Publication filed with 06 Page 5 December g, 1992 ~' i~.the Clerk, public hearing was opened. ~County Attorney Cuyler advised that both Groups have previously reviewed the proposed ordinance, notinG certain changes were suggested by the Board of County Commissioners durinG their meeting of December 1, 1992. Tape ~2 Commissioner Volpe explained the Board debated th~ composition of the Committee in terms of numbers of members, and whether the Committee should report directly to the Tourist Development Committee (TDG) or to both the Board of County Commissioners and City Council. He suggested that the Board of County Commissioners should be able to select-more than five members, or 50%, of the Committee. Commissioner Norris concurred, adding whether considering miles of beach, dollars contributed or population, the City is much smaller than Justification for 50% of the committee. Commissioner Saunders noted he is more concerned with the exper- tise of members on the Committee rather than numbers of members. Also, he said, the e~isting committee has spent three years evaluating various methods of beach renourtshment. He said this proposal is only 't~ formalize the body to allow their findings to be presented to both the City and County. He urged the Board to consider this group as a technical committee. Commissioner Volpe questioned whether a new committee is really necessary? Commissioner Saunders agreed that a new committee may not be needed. He suggested the Board can simply accept the current Committee's report with no obligation to follow its recommendations. Mayor Muenzer disagreed with the comments of Commissioners Volpe and Norris with regard to the number of County representatives on the proposed committee. He advised that the City has much more usable linear feet of beach and more parking spaces than does the County. He also suggested the requirement that the City only appoint a City resi- dent, with the County appointing only a County resident, be eltmi- Page 6 December 9, 1992 hated, so that the most qualified people be selected for membership by .both parties, trregardless of where they live. Council Member Pennington provided the group with a history of the current committee and its accomplishments. Council Member Anderson indicated her hope that with this new com- mittee, beach renourishment will become a priority with the Board of County Commissioners. Commissioner Saunders communicated that both the City Council and Board of County Commissioners have worked very diligently towards beach renourtshment. He said if this new committee is not established, the Board at least must accept the report of the existing group. Council Member Herms added the current Committee has seven members who are extremely well-versed in beach renourishment. He reported those members would like to expand their group to include one member each.from Marco Island, Pelican Bay, Vanderbilt Beach and one in-land member. He urged the Board to continue this Committee, or at least include current member~ as the core group of the new committee. Council Member Sullivan urged both entities to recognize the need for beach renourishment and set aside politicism to accomplish that goal. Council Member Van Arsdale inquired why a change was made in the proposed ordinance regarding the issuance of bonds? Commissioner Saunders advised the purpose of the proposed language ts to advise the committee of the objective by the City Council and the Board of County Commissioners to seek proposals to develop the beach without bonding tourist development taxes or utilization of other funds. Mr. Korest commented he is in favor of not changing the current structure of the committee. He indicated since most of the work has already been done, this new committee ts not necessary. The following people spoke regarding this item: JoAnn Varie August Rocco Frank Blanchard Page 7 December 9, ]992 ''* Council Member Anderson left the meeting at this time. Commissioner Constantine moved, seconded by Commissioner Norris and carried unanimously, to close the public hearing. Commissioner Constantine moved, seconded by Commissioner Saunders, to leave the Committee in its existing form and formalize the reporting process to the Board of County Commissioners. Commissioners Matthews, Norris and Volpe agreed to' support the motion with the understanding that the City of Naples will expand the Committee by four County members. Upon call for the question, the motion carried unanimously. .Council Member Herms moved, seconded by Council Member Pennlngton, to support the motion made by the Board of County Commissioners and modify the resolution pertaining to the Beach Renourishment/ Maintenance Committee to expand the membership by four County members; those members to be selected by the Board of County Commissioners. Upon roll call vote, the motion carried 6/0 (Council Member Anderson out). Commissioner Saunders moved, seconded by Commissioner Constantine, to accept by resolution, the City's Committee as newly constituted by the Cit~ Oouncil as the County's Beach Renourishment Committee. Commissioner Volpe stated he is not supportive of the motion, because the debate of the Board of County Commissioners has included the desire that more County members than City members be appointed. Commissioner Saunders amended the motion, seconded by Commissioner Constantine and carried unanimously, that the Board will rely on this Committee as the technical advisory committee for purposes of pro- riding a report. SEE PAGES 16 - 17 Page 8 December 9, lEg2 ama Council Member Anderson returned to the meeting at this time. (~?~6) Item ~3C REQUIREMENTS FOR RECEIVING FUNDS UNDER FLORIDA STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) DOCUMENTARY STAMP TAX FUNDS - CITY STAFF DIRECTED TO DEVELOP AN INTERLOCAL AGREEMENT FOR PARTICIPATION IN THE SHIP PROGRAM Greg Mihalic, Affordable Housing Director for Collier County, advised the group of the requirements for receiving funds under the State Housing Initiatives Partnership Program (SHIP). He explained the funds are received from the State as the result of a one-cent tax per $100 valuation on documents registered with the State. He said the money ts set aside to assist in the production of affordable housing. He reported Collier County anticipates receiving approxima- tely $254,000 during this first year, increasing to approximately SI-million in FY 95/96. He indicated the money is allocated to the County with a separate portion entitled to the City of Naples, whose proportional share this year is $31,000. He noted the State is encouraging interlocal agreements so that the administration of these funds are handled in an interlocal manner. He mentioned the Board of County Commis~toners h~s recently directed Staff to develop the required ordinance for this program. He commented the Board has also directed Staff'to insure that ?0% of these funds are used for very low income households with the remaining 30~ for /ow income families. He added it was the intention of the Board that moderate ~ncome households would not be entitled to these benefits. He expounded on the various requirements set forth by the State for the receipt of SHIP funds. There was no action taken by the BCC on this item. Co%%ncil Member Herms moved, seconded by Council Member Anderson, to direct City Staff to develop an interlocal agreement for the administration of SHIP funds. Upon roll call vote, the motion carried unanimously. Commissioner Volpe suggested a discussion of affordable housing be included on the agenda for the next 3oint meeting. Page 9 December 9, J992 (3~o) DISCUSSION OF REORGANIZATION OF THE BAY MANAGEMENT ORGANIZATION - TO BE RECREATED AS A CITIZEN ADVISORY COMMITTEE WITH MEMBERSHIP EXPANDED TO INCLUDE A MEMBER FROM THE CHAMBER OF COMMERCE Commissioner Saunders noted the Bay Management Organization (BMO) currently ~onststs of three members from the Board of County Commissioners and three City Council members. He communicated there seems to be a problem with the ability of these elected officials to attend meetings of the BMO, whose purpose is to improve'water quality in Naples Bay. He suggested elected officials be removed from mem- bership, and the Committee be reformed into a citizens advisory group. Tape #3 Dr. Woodruff proposed that the membership continue to include three representatives of the City and three from the County, and be expanded to include an additional member representing the Chamber of Commerce. He advised the Chamber of Commerce was instrumental in the creation of the BM0 and continues to work diligently on water quality problems. Re also proposed the BM0 be required to give a report at each quarterly meeting of this Joint group. Council Member Herms suggested the duties of this committee be expanded to include stormwater run-off. The fo/lowing people spoke regarding this item: John Garbo Michael Steven Council Member Sullivan recommended that both City and County Staffs, as well as the Big Cypress Basin Board and the South Florida Water Management Department, be advisors to the reconstituted BMO. Council Member Herms moved, seconded by Council Member Sullivan, to recreate the Bay Management Organization as a citizens advisory committee with an expanded membership to include one member from the Chamber of Commerce. Upon roll call vote, the motion carried unani- mously, commissioner Matthews moved, seconded by Commissioner Norris and carried unanimous/y, to support the above motion. Page 10 December g, lgg2 (440) item #3B CITY/COUIFIW WATER AND SEWER ISSUE DISCUSSION - CITY AND COUNTY STAFFS TO WORK TOGETHER TO EXAMINE WAYS TO SOLVE PROBLEMS County Manager Dorrill explained this Item is Intended to be a brief overview of what the agreement entails and to advise the City Council that one of the areas the County may ask the Council to address prior to the next budget cycle involves the current 25~ surcharge of utility rates for those utility customers who reside out- side the City limits. Fred Bloetscher, Assistant Utilities Administrator, noted the City/County agreement has been amended at least nine times since its Inception in 1977. He said County Staff is desirous of cleaning up the document because of its current cumbersome form. He indicated at the same time, there are a number of issues needing to be addressed, such as the County Courthouse complex and effluent. He reported at the present time, both the City and County have effluent systems, and both have problems with supply and demand. He stated the County has been looking Into dts[.osal alternatives, one of which is to Intercon- nect the City'and County systems. He concluded with a request that the City Council and Board of County Commissioners direct both Staffs to rewrite the existing agreement and return to this 3oint group early in 1993. Dr. Woodruff explained, through a slide presentation, the boun- daries of the City's water and sewer systems. He said even if the boundaries of the franchise agreements do not change, there is still the need to clean up the agreement, because the various amendments create conflicts. He added in that discussion, there may be serious dialogue about transferring franchise territories. sss Deputy Clerk Hoffman replaced Deputy Clerk Guevtn at this time *.. Commissioner Saunders remarked that the surcharges are applied pursuant to state /aw which permits cities to charge customers outside the City limits. He indicated that he feels there will be a problem Page December g, 1992 with the bond documents. He related that it is appropriate for the two staffs to continue working on all these issues, but noted the surcharge will probably be in place for as long as the bonds are active. Council Member Herms cited that this will be an extremely valuable commodity not only in the winter, but also in the summer, five or ten years from now. He stated that his feeling is that the system needs to be expanded. Mr. Bloetscher explained that the County is currently doing a test well on Manatee Road for potable water. He reported that staff propo- ses to have a storage of water coming off the Golden Gate Canal. He indicated that the intent is to supplement the irrigation system which is currently all effluent. He stated that there is the possibility that DER may give approval for effluent. Council Member Korst moved, seconded by Council Member Sullivan that the respective staffs work together and examine potential areas of resolving some of tk~ problems. Upon roll call, the motion carried unanimously. Commissioner Matthews moved, seconded by Commissioner Norris and carried unanimously, to support the above motion. $'' Recess 12:55 P.M. - Reconvened 1:10 P.M. Item DISCUSSION RE OuTsTANDING MONIES DUE THE COUNTY FOR AIRPORT ROAD PROJECT - Commissioner Volpe announced that County Manager Dorrill has advised that this item will be discussed by both staffs and presumably a satisfactory resolution of same can be arrived at. Item #4A ORIENTATION OF THE THREE NEW COUNTY COMMISSIONERS Commissioner Volpe stated that the City Manager and the City staff desire to make certain information available to the new members of the Board of County Commissioners. Page 12 D~cember 9, ~gg2 Dr. Woodruff indicated that he would pcovide the backwround infor- mation to the new commission members. Item REVIEW OF COUNTY/CITY STORMWATER UTILITY PROGRAMS Mayor Muenzer revealed that the origin of this item came from a Commission Me'ting when stormwater controls were being discussed. He cited concerns relative to the Bay of Naples and its future. Dr. Woodruff provided a status report of what the City has done during the past two years, as per EPA laws requiring stormwater mana- gement. Dr. Jon Staiger, City of Naples Natural Resource Manager, referred to a map depicting the areas of Collier County that actually drain into Naples Bay through the Golden Gate Canal, Gordon River, or other drainages. Dr. Staiger stated that occasionally there is 600-900 MGD coming from the Golden Gate Canal. He indicated that the Big Cypress Basin of the South Florida Water Management District has been attempting for many years to hold mo~e and more water back in the Golden Gate system. Dr. Stagger urged the County to follow Messrs. Boldt and Lorenz's lead with regard to achieving the clean up in Naples Bay. Commissioner Norris called attention to the map, and noted until the Sabal Bay project gets underway, the water has no place to go due to the poor condition of the Lely outfall canal. Water Management Director Boldt explained that the Master Plan ~dentifted the Lely Basin as the number one priority and permits from the agencies are being pursued. He reported that the Gordon River Extension has been identified as the second priority, however this would involve a $500,000 study. Mr. Boldt reported that staff will be presenting a new stormwater utility concept and will be requesting action on the second phase with the consultant. He suggested that implementation of the stormwater utility be put off until 1994, but suggested that the studies go roi'- Page December 9, 1992 ward. Commissioner Volpe cited the Importance of public education and community awareness. Mr. Dick Siegel spoke with regard to this item. No action was taken. There being no further business for the Good of th'e County, the meeting was ad3ourned by Oz. der of the Chair - Time: 1:40 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~ ' -' , CHAIRMAN ~ ~{~'~mln~,~ approved by the Board on Page 14