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BCC Minutes 12/09/1993 J (w/Naples City Council) Naples, Florida, December 9, 1993 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 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: VICE-CHAIRMAN: CITY OF NAPLES: MAYOR: VICE MAYOR: Burr L. Saundsrs Timothy J. Constantine John C. Norris Michael J. Volpe Bettye $. Matthews Paul W. Muenzer Fred L. Sullivan Kim Anderson R. Joseph Herms Alan R. Korest Ronald M. Pennington Peter H. Van Aredale ALSO PRESENT: Sue Barbiretti, Recording Secretary; Ellis Hoffman, Deputy Clerk; Nell Dorrill, County Manager; William Hargett, Assistant County Manager; Ken Cuyler, County Attorney; George Archibald, Transportation Services Administrator; Dick Clark, Acting Community Development Services Administrator; Tom Olliff, Public Services Administrator; Bill Lorenz, Environmental Services Administrator; Greg Mihaltc, Affordable Housing Director; Mike McNees. Budget Director; Jeff Perry, Chief Transportation Planner; Tom 011tff, Public Services Administrator; Harry Huber, Office of Capital Projects Management Technical Services Support; Diane Holltng, Planner; Dr. Richard Woodruff, City Manager; and Maria Chlaro, City Attorney. Page I December 9, 1993 (ese! Legal notice h&v/ng been pub/Lobed In the X&plme Pail7 News on D~ce~ber S, 1093, u evidenced by Affidavit of Publication f~lmd with the Clerk, a public meeting wam held to conduct the bumlnsem of Collier County and the City of N&plee. Commissioner Saundere suggested that Item 4E which t8 an added Item regarding the Beach Renourtehment Update be heard first. Item #41 BI&CHIql3~OURISKI4Z~T UPDATE Dr. Michael Stephen, Executive Vice President of Coastal Engineering, explained that the project ts six months into the preli- minary design project with a majority of field surveys completed and la moving Into the formal design process. In response to Commissioner Volpe, Dr. Stephen replied that the permits are not currently being pursued until formal plans are ready to be submitted. Council Member Van Arsdale asked what time frame ia proposed for this project? Dr. Stephen stated that preliminary design plans will be submitted to the Beach Committee and the Board of County Commissioners in March 1994, that the Board could adopt the plane and submit permits by May 1994, leaving a 12 month time frame to obtain environmental permits, bid the Job over the summer of 1995, and begin construction In November 1995. He reported that the project would take approximately four seasons to complete. U.S. 41 BRIDGI MORE AND ~ GORDON RIVER BRXDGZ - STATUS REPORT Transportation Services Administrator Archibald reported that the statue of the 8-1aning project of U.S. 41 remains the same tn the State'm five year work program which Aa to begin In 1996 and be completed in 1997. 000,, 03' Page 2 December 9, 1993 Mr. Archibald stated that the U.S. 41 project may be delayed to provide a window of opportunity for the construction of a second Gordon River Bridge. Transportation Services Administrator Archibald noted that Staff identified Issues for public consideration and Board con- aideration; whether Staff should continue the design of this project in-house and whether Staff should proceed with a PD&E contract and cost. Jeff Perry, coordinator for the Metropolitan Planning Organization, explained that the creation of an Expressway Authority has been recommended by the MPO. Re Indicated that moat of the issues surrounding the creation of an Expressway Authority can be resolved by resolution. Mr. Perry announced that the Expressway Authority be created with five County Commissioners, two City Councilman and two gubernatorial appointments. He mentioned a concern regarding dual office holding issue which may be resolved with an Attorney General's opinion. Mr. Perry revealed that the need for the Authority was expressed in terms of a toll facility. Mr. Perry confirmed that the route of choice for a second per- manent bridge would be a northern crossing, north of the Airport due to aviation issues and environmental issues. Mr. Perry disclosed that a temporary bridge could be constructed along the southern alignment and would provide the greatest benefit to U. S. 41. He revealed that there are companies that provide prefabri- cated bridges that can be leased. He noted that the advantage of thls concept Is that this could be accomplished In the three year time frame. Council Member Penntngton expressed his concern on what impact the additional bridge will have on the City and their re-development efforts. He proposed that U. S. 41 be relocated to Goodlette Road and that the existing Gordon RAver Bridge not be widened. In response to Commissioner Volpe, Mr. Penntngton replied that a Page 3 December 9, 1993 second bridge be built, but the existing bridge remain as it is. Mr. Pennington remarked that if the State does not widen the existing bridge, funding would be available to help in building the additional bridge. · Council Member Van Arsdale suggested that the only bridge that would alleviate some of the traffic congestion over the existing bridge is a bridge south through Central and North Road. Mayor Muenzer recalled that the State indicated that major repairs would have to be done on the existing bridge. He commented that since repairs were planned the widening ia a natural extension of that work. Mayor Muenzer pointed out that ~hether repairs are made or widening occurs the bridge will be shut down for two seasons. In reference to the temporary bridge proposal, ~a¥or Huenzer suggested sticker sale~ to avoid the cost of toll gates and extra lanes. Council Member Anderson revealed that a number of questions must be answered in an attempt to draw a consensus on this issue in order to move forward, such as ~hat type of repairs are necessary, is a second bridge necessary and where the second bridge should be located. She suggested that a committee of Council, Commission and Staff be assigned to work out the details of the plan. Commissioner Volpe concurred with Council Member Anderson. Commissioner Saunders directed Staff to check ~lth the Florida Department of Transportation regarding the re-allocation of funds for the Justification of repairs versus replacement of the bridge. Commissioner Saunders remarked to the other members of the Board of County Commissioners that he liked the Idea of re-routing U. S. 41 onto Goodlette Road, but that does not eliminate the need to 8 lane the bridges or develop a second crossing over the Gordon River. Commissioner Norris stated that the idea of a temporary bridge Is good, but questioned the cost against the benefit for two years. Commissioner Constantine agreed that the temporary bridge ia a logical solution. Page 4 December 9. 1993 Co~uaiesioner Volpe agreed with the other Board members but expressed opposition to a toll facility. Commissioner Norris announced that he has no objection to the re- routing of U. S. 41 but feels that this issue should be driven by the City. Commissioner Constantine and Commissioner Saunders concurred. Commissioner Saunders stated that he ts not in favor of establishing another committee. Commissioner Saunders reported that the Board of County Commissioners expressed interest in the temporary crossing, exploring where the second crossing should be and the relocation of U. S. 41. He related that the Board of County Commissioners does not support the S-lanlng procedure. Mayor Muenzer remarked that he and Council Member Anderson are in favor of the temporary bridge. Council Member Sullivan agreed that the temporary bridge proposal provides the alternative traffic path during the reconstruction of the existing bridge. He requested a report on the cost and penalties. Council Member Pennlngton remarked that the cost factors must be addressed. Council Member Herms revealed that he is not supportive of tolls because they will restrict the number of cars that utilize the route provided. He suggested re-programing funds in the State's 5 year work program that are budgeted for roads that are not at the level of con- currency as a way to avoid tolls. Council Member Korest remarked that the temporary bridge proposal must be looked at. He expressed concern regarding the work involved to provide the approaches being equal to that of a permanent crossing. Mr. Koreet stated that he would prefer not to use the toll mechanism. Council Member Van Arsdale revealed his belief that a temporary bridge will require the same amount of work as a permanent bridge. He stated that he does not want the FDOT to widen the bridge to 8 lanes, it should be left at 6 lanes. He remarked that the only way to ells- 06 Page 5 December 9, 1993 vlate traffic on the existing bridge ts a southern crossing and suggests that a southern and northern crossing be built. Council Member Anderson suggested that all members of the Board and City Council submit their questions to the MPO by December 17, 1993, and that the MPO respond to the questions within 90 days and adopt a finite plan within 120 days. Council Member Korest remarked that the ultimate issue that should be discussed today ts the funding for the PD&E Study. Mr. Archibald confirmed that the start of the PD&E Study is planned to begin in the second quarter of 1994 and completed In the third quarter of 1994. Transportation Services Administrator Archibald requested direc- tion to determine two different scopes of service of the PD&E and return with what the consultants contract will look like in terms of cost, which Is anticipated to be approximately $250,000.00 to 8350,000.00. He indicated that he will propose to both the Board of County Conuatsstoners and City Council to fund that study if there is no funding available through the FDOT. Commissioner Saunders announced that it ts the consensus of the Board of County Commissioners and the City Council to recognize the need for a second Gordon River crossing, which ts authorization for Staff to develop a program to accomplish that, Including the scope of work for the PD&E study and bring it back for approval with funding alternatives. Commissioner Saunders reported that it is also the consensus to explore the temporary crossing, the cost of repairing the bridge as opposed to the 8-1aning and the re-routing of U. S. 41 to Goodlette Road. (3298) It~ SaC, #4A & #4B AFFORDABL~ EOU$ING - INTERLOCAL AGREEHENT; DISCUSSION REPIt~NTATI~$ ~ROH THE DEPARTMENT OF COI~U~ITY AFFAIR~ ON A~FORDABLE HOUSING AND THE COHPREHENSIVE PLAN; CITY/COUNTY COOPERATIVE AFFORDABLE HOUSING AGRE~NT Commissioner Constantine expressed his appreciation to Mayor Muenzer, Dr. Woodruff and Council Member Sullivan for their help on December 9, 1993 the ~ssus of Affordable Housing. Paul Knowles, Department of Community Affairs (DCA), distributed copies of a letter which wa8 sent to DCA by Mr. Woodruff, City Manager, and offered to answer the questions posed in the letter. Mr. Knowlee reported that Chapter Z63, Growth Management/Land Development Regulation Act, requires that within each local govern- ments' comprehensive plan adequate sites for future housing be pro- vtded including low income and moderate income families and the recent amendment of the Act provides for families with very low income. He noted that the number of housing units Is determined by local ]uris- diction. ese Commissioner htthe~a arrived at this time In response to a question, Mr. Knowleo stated that existing struc- tures should not be counted twice if they are already in the inven- tory, however, turnover of existing structures is a factor when projecting future housing needs. Commissioner Saunders announced that both the City and County are desirous of establishing an Interlace! Agreement. He asked if both can unite In their efforts? Mr. Knowles confirmed that a united effort is encouraged. He spe- cified that because each Jurisdiction ia responsible for its own comprehensive plan the number could have two parts in the objective that ~s set within the housing element. In response to Commissioner Saunders, Mr. Knowles replied that the ¢~tyto requirement can be met by sharing in units built in the unin- corporated area of the County. In answer to Connioo~oner Saunders, Mr, Knowlee responded that if the objectives are not met it is important to understand why and review the policies to determine if they are effective. He related that there are no sanctions if the objectives are not met. Commissioner Yelps asked for clarification on how the HUD guideli- nes impact the issue of affordable housing. Page 7 December 9, 1993 Mr. Xnowles reported that DCA does not deal in the Comprehensive Plan with HUD guidelines, but if that is a condition of receiving federal funds, the option is to change the rules, meet the conditions or forego federal funds. He commented that State funds have recently been made available. ese Co~xi~cil Member Anderson left the meeting at thio time ese Conunissioner Norris expressed his concern on how to address the true demand for affordable housing. Ne suggested establishing a register for those who are in need. Mr. Knowleo acknowledged that some communities use a type of register and that various social agencies could enable you to deter- mine the demand. In response to Council Member Herms, Mr. Knowles replied that there are no regulations that require the waiver of impact fees. Greg Mlhalic, Affordable Housing Director, presented the City/County Interlocal Affordable Housing Agreement. He recalled that the City does have numbers quantifying the amount of affordable housing they must provide, as the County's Comprehensive Plan requires that all affordable housing necessary must be provided. Mr. Mihalic revealed that the DCA is receptive to the City/County Interlace! Agreement. Mr. Mihalic stated that the original Interlocal Agreement was based on a ~wo mile boundary around the ultimate annexation boundaries of the City of Naples but expressed the desire to expand the boun- daries to the urban area, with Immokalee Road being the north boundary and C.R. 951 being the east boundary preceding down as the south boun- dary. Mr. Mihalic reported that the Agreement states that the City will be allocated 13~ of all affordable housing unite produced in the unin- corporated areas. Commissioner Constantine indicated that the Agreement is certainly & step toward the City and County working together but suggested that there be no boundary lines. He asked if one Joint number could be 09 Pa~e 8 December 9, ~993 established co~u=unit¥ wide? Dr. Woodruff replied that one alternate ia to have both the City and County amend their Comprehensive Plans so that they have an iden- tical &ffordable housing element and that would remove the restric- tions already imposed. He remarked that it would appear that DCA would approve that. Coaisstoner Saunders announced that the consensus of the Board of County Commissioners is to approve this agreement but would like to expand it if that is permissible, and to amend the Comprehensive Plan. Council Member Van Arsdale remarked that the Interlocal Agreement is a step in the right direction. Council Member Korest declared that he would be pleased to have a combined process. He stated that an identical Comprehensive Plan for both the City and County would be productive. Council Member Herms said that the Agreement is a way of dealing with the adversarial positions relative to the North Road issue. He co~maented that he agrees with the concept. Council Member Pennington agreed that it is necessary to have one plan for the entire County with compatible Comprehensive Plans for both the City and County. He contended that the primary objective is to enhance the affordable housing available to people. Council Member Sullivan expressed his support of the plan and noted that compromise ts dependent upon the types of considerations being discussed today. Co~tmioner Saundere directed Staff to prepare an agreemnt that reflect· · County wide number and County wide application of projects, and to ~nd the Comprehensive Plan. Mayor Nuenzer emphasized the Importance of working together and using the same County procedure for unite. see D~J~ty Clerk Hoff~n replaced Recording Secretary Barbtretti at this tA~e e,~ cxe20) co-sPo~o~P OF ~ ~OURT~ OF J~LY PARADE Page 9 December 9. 1993 Dr. Woodruff explained that the City Council has unanimously agreed to have a Fourth of July Parade. He noted that because this ts a community event, he will be asking the Sheriff to contribute man- power to assist in the conduct of the parade. He requested that the Board authorize County staff to work together with City staff tn this regard. Consensus of the Board was in support of Dr. Woodruff'a request. Commissioner Saunders asked County Manager Dorrill to cooperate with the City Manager in this regard. STOIq~qMATIRUTILITYFKE Dr. Woodruff recalled at the last Joint Meeting, Council Member Harms requested Information regarding capital Items funded on a County-wide capita/ basis. He remarked that this Information has been provided and voiced appreciation for the assistance from the County Manager t s office. Council Member Harms explained that his concerns also relate to Agenda Item SD (Funding of County C.I.P. Budget). He stated that his interest is to work together with the County. He remarked that the majority of the proceeds from the stormwater utility fees and the C.I.P. are going to various other d~etrtcts within the CounTy and general government enterprise areas. He Indicated that the City is adding 28~ of the funding for the stormwater and some of those funds should be allocated back to the City. He noted that the same concept ~s true for the C.I.P. budget. He suggested that some of those funds should be returned to the City to fund some of its programs, however, the allocation over the past three years has been to the other districts within the community. He ~ndlcated that it ts important that the City taxpayers receive some type of return on their Invest- ment. Council Member Harms suggested that County and City staff work together to review the Ctty*s funding needs. He related that the Page December 9, 1993 City provides some large facilities, i.e. the pier and the City's park systea, that are utilized not only by City residents, but exten- sively by County residents. Dr. Woodruff proposed that the City would apply to the County for inclusion In the budget for funding of specific projects and the City would Identify projects that would be charged to that amount of ~oney. Commissioner Saunders remarked that Council Member Harms has raised some significant legal issues. He cited tf the City is paying 28~ Into a county-wide levy, there may be a question from a legal standpoint whether it Is legal to charge that unless theru ts some direct benefit back to the City. With regard to county-wide ad valorem and how this Is applied to capital projects, Office of Management and Budget Director McNees explained that the County now levies 1/2 mill as opposed to I mill. He pointed out that the County's argument has been that projects bene- fit residents county-wide. He indicated that he would be happy to meet with Ctty staff and discuss this issue. Commissioner Saunders suggested that staff evaluate and report back to the Board the benefit derived to the City taxpayers from the t~es that are derived from the City. County M~ager Dorrtll remarked that there may be a problem with ~he County Coutsslon raising ad valores taxes and giving sase to the ~tty Council. ~e consensus of the Board was a willingness to explore the C.I.P. ~nd and the Stormwater Utility Fee to ensure there ts a suf- ficient benefit to the t=payers paying those t~es. Co~cll Member Van Arsdale suggested that staff from both entitles be directed to work together and come back with a comprehensive ~ e~lty study and Identify the issues, numbers and facts. Mayor ~enzer concurred that it ts Important for City and County staff to work together for co,on acceptance. i2 PaGe 11 December 9, 1993 (2070) Item dra~ FUND~JS~ OF lq. BPAI~t~ TO TI~ MAPLES FXSHXNO PIER UTXLIZZI~] ~laT Commissioner Saundere announced that he has received a memorandum from the County Attorney's office advising that there lea legal mechanism that would allow tourist development tax dollars to fund repairs to one fishing pier within the confines of Collier County. He revealed that this would require an amendment to the TDC Plan which does not require action by the Tourist Development Council, but merely 4/5's of the majority of the County Commission. Comniesioner Saundere questioned whether consideration should be given to using TDC funds for repairs to the pier. Consensus of the Commission and the Council was that TDC funds be used for repairs at the Naples fishing pier. NEHT~ DATE - FEBRUARY 9, 1994 The next meeting date was set for the second Wednesday in February, and will be held in City Chambers. There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 11:53 A.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ATTEST :' DWI~.T E. BROCK;.' CI~RK as pre e .. or aa corrected BURT L. SAUNDERS, CHAIRMAN 13' Page 12