BCC Minutes 09/28/1994 B (Budget)Naples, Florida, September 28, 1994
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 5:30 P.M. in SPECIAL AND FINAL BUDGET
SESSION in Building "F" of the Government Complex, East Naples,
Florida, with the following members present:
CHAIRMAN:
VICE-CHAIRMAN:
Timothy J. Constantine
Betrye J. Matthews
John C. Norris
Michael J. Volpe
Burr L. Saunders
ALSO PRESENT: Ellis Hoffman and Sue Barbirettt, Deputy Clerks; Nell
Dotrill, County Manager; William Hargett, Assistant County Manager;
Ken Cuyler, County Attorney; Heidi Ashton, Assistant County Attorney;
George Archibald, Transportation Services Administrator; Leo Ochs,
Administrative Services Administrator; Dick Clark, Community
Development Services Administrator; Norris IJams, Emergency Services
Administrator; Tom Olliff, Public Services Administrator; Mike McNees,
Acting Utilities Administrator; Tom Conrecode, Office of Capital
Projects Management Director; Greg Mihalic, Affordable Housing
Director; Mike Smykowski, Acting Budget Director; Jean Gansel, Bob
Byrne, and Ed Finn, Budget Analysts; Wayne Arnold, Acting Site
Development Review Director; Bob Mulhere, Acting Current Planning
Manager; John Drury, Airport Authority Executive Director; Dr. Jane
Polkowskl, Public Health Unit Director; Vince Doerr, Ochopee District
Fire Chief; Bill Griffin, Emergency Services Administrative Manager;
Don Hunter, Collier County Sheriff; Deputy Dennis Huff, Shertff's
Office; and Sue Fi/son, Administrative Assistant to the Board.
Page I
~ape
Item ~#3A
September 28, 1994
DISCUSSION OF MILLAGE RATES FUNDING THE 1995 BUDGET
Legal notice having been published in the Naples Daily News on
September 25, 1994, as evidenced by Affidavit of Publication filed
with the Clerk, public hearing was opened.
Commissioner Constantine announced that the Impact Fee Ordinances
will be heard immediately following the Final Budget Hearing.
Acting Budget Director Smykowski stated that the proposed millage
rate In the General Fund is 3.5999 mills, with a 0% increase over the
rollback rate. He noted that the proposed millage in the Water
Pollution Control Fund is .0553 mills which is 35.2% over the rollback
rate, due to funding the small quantity hazardous waste generator
program from ad valorem taxes. He reported that this results in a
total County Wide Millage of 3.6552 mills which is .4% above the
rollback millage rate.
Mr. Smykowski explained that the MSTD Unincorporated Area General
Fund proposed millage is .6341 which is -7.5% below the rollback rate
and this due to a large carry forward variance.
Mr. Smykowski advised that MSTD Road District 2 is 81.5% above
the rollback with .0550 mills. He noted that this is attributable to
a decrease in available carry forward revenue and maintenance of the
Pine Ridge median.
Mr. Smykowski indicated that the Marco Island Beautification is
.4% above the rollback rate and .1450 mills due to a decrease in
available carry forward revenue.
Mr. Smykowski pointed out that Golden Gate Parkway Beautification
reflects an 11.9% increase. He remarked that there is constant .5000
mill levied in this fund.
Mr. Smykowski stated that Isles of Capri Fire has a 27.9% increase
and .2523 mills. He noted that reserves are being increased for the
future purchase of a pumper truck.
Mr. Smykowski reported that Sabal Palm Road MSTU reflects a 74~
Page 2
September 28, 1994
increase above the rollback rate. He noted that the proposed millage
rate Is 5.7107 mills due to the maintenance of the existing roadway
and continuing efforts to obtain a construction permit.
Mr. Smykowski explained that Lely Golf Estates Beautification has
a 2.4~ increase above the rollback rate and it is levied annually at
1.5 mills.
Mr. Smykowski noted that Forest Lakes Roadway & Drainage MSTU
reflects a 318.2% increase over rollback with .4705 mills.
Mr. Smykowski indicated that Marco Island Coastal Beach
Renourishment is 1.7% increase over rollback with .8082 mills due to a
decrease in carry forward revenue.
Mr. Smykowski stated that the Collier County Lighting District has
a 101% increase over rollback and .1255 mills due to the consolidation
of the Street Lighting Districts into the Collier County District.
(143),
Item #3B
DISCUSSION OF FURTHER AMENDMENTS TO THE TENTATIVE BUDGET
Mr. Smykowski referred to Page 6 of the agenda package, sum-
marizing the changes to the FY 95 Tentative Budget. He announced the
following: addition of a Contractor Licensing position in Community
Development funded from reserves with a position reclassification;
Public Records Modernization Fund 197 reflects $46,700 due to a change
in the carry forward estimates to be used for imaging in the Official
Records Section: and $6,253 in the Tax Collector's budget reflected by
a revision to the budget made by the State.
Mr. Smykowski called attention to Page 7, noting the following:
Facilities Management Fund (307) change to the funding for the secured
parking area and a change to the estimated carry forward of $67,800
for the Building "H" project.
Mr. Smykowski pointed out that the Animal Control Trust Fund
reflects a reduction in veterinarian fees which is placed in reserves.
Mr. Smykowskl advised that Page 8 reflects the summary of changes
to the FY 95 General Fund Tentative Budget. He indicated that the BCC
Page 3
September 28, 1994
cost .center reflects an adjustment to budgeted personnel services
based on the final ACIR estimates of salaries for elected officials.
Mr. Smykowskl revealed that the Volunteer Coordinator budgeted
funds have been shifted from Courts to Administrative Services.
Mr. Smykowski reported that the Economic Development Coordinator
position for $49,300 was eliminated during the first public hearing
and that money has been placed in Reserves.
Mr. Smykowski pointed out that the 838,900 change for the secured
parking project is a transfer to Fund 301 which is the Facilities
Capital Fund.
(420):
Item ,3C
County Manager Dotrill advised that the Board has received a one
page summary of security options (copy not provided to the Clerk}. He
noted that he met with Sheriff Hunter and the Chief Judge.
Mr. Dorrill stated that Option #1 is the implementation of the
U.S. Marshal's plan. He explained that this is a phase in plan that
would not Include the additional deputies for six months or m/d-year.
He indicated that the cost associated with this plan is $401,000 for
the first year. He remarked that six additional Deputies and one Com-
munity Service Officer would be added after six months and the
annualized cost would be $520,000.
Mr. Dotrill announced that Option #2 is currently reflected in the
budget and anything beyond this plan will result in recommended
changes to the Contingency Fund. He stated that the equtva/ency of
eight full time County Security Officers man the security station for
an annual cost of $211,000. He noted that these officers also provide
the lock key check for the Government Center once eech evening to make
sure the buildings are locked and secured in addition to escorting
people to their vehicles and a security check at the County Barn faci-
lity.
Mr. Dotrill explained that Option #3 is the compromise proposal to
Page 4
September 28, 1994
enhance the existing security force at the Courthouse. He revealed
that this plan adds one annualtzed Bailiff or Shertff's Deputy who
would be armed and could make an arrest. He said this person would be
either at the front security station or on roving patrol and under the
direct supervision of the Sheriff or his Chief Deputy responsible for
current Courthouse Bailiff functions. He affirmed that this person
would not be a County employee.
County Manager Dotrill stated that he has been advised that Judge
Blackwell has issued a memorandum requesting that the Board delay any
final decision with regard to courthouse security until after he has
discussed same with all the Judges at a meeting scheduled for October
4, 1994.
Commissioner Saunders remarked if the Board approves Option #1 as
indicated but the Judges meet and decide that Option #1 is as far as
they need to go, the budget could be changed and reserves would be
slightly increased. He noted if a lower option is funded and the
Judges meet and determine that Option #1 is their preference, reserves
would have to be raided to make up the difference.
Mr. Smykowski advised that the millage is set as proposed at the
first public hearing.
Commissioner Constantine suggested that the merits of court
security be determined at this time.
A discussion ensued with regard to the three options.
Sheriff Don Hunter reported that it is important to put the U.S.
Marshal~s Service survey into perspective. He explained when
assistance is requested from an expert group they are specially
trained in court security because of the function of providing
security for Federal courtrooms and maintaining custody over federal
violators. He cited various examples of this type of security.
Sheriff Hunter advised that the U.S. Marshal~s are concerned
about a person's intent on interrupting a court and helping a defen-
dant escape and in so doing, causing a lot of damage inside a
courtroom in terms of human lives or casualties. He revealed that he
Page
September 28, 1994
echos the U.S. Harshal's Service report since they are recognized and
bonafide trained experts in courtroom and courthouse security.
Sheriff Hunter stated that his official recommendation is Option
#1. He cited if Option #3 Is selected security will not be sufficient
and in order to strengthen same, at least one position would need to
be added with additional positions being phased in over a period of
time.
sheriff Hunter remarked that Option #1 is expensive, however from
the second year on, costs will be less. He recalled that Judge
Blackwell concurred that Option #1 is the best optimal plan,
In answer to Commissioner Saunders, Sheriff Hunter reported If
someone is present at the front entrance of the Courthouse with a
weapon, no resistance can be delivered on the part of the security
personnel and they would have to panic alarm the bailiff who would
have to close down the courtrooms while court is in session and then
rush to the front post. He advised that he estimates this would be a
three minute response which gives ample opportunity for persons pre-
senting themselves at the front security post to penetrate the
building.
Commissioner Constantine remarked that he is not certain that the
complete Marshal's plan needs to be implemented at this time. He
cited that he is comfortable adding one Baltff who would have the run
of the building.
Sheriff Hunter pointed out that the U.$. Marshal's Service plan
is recommended for a certain purpose. He Indicated that the dif-
ficulty will be when persons present themselves for trial at various
times during the day and not necessarily when court convenes. He
noted that people who are truly intent on creating an escape and have
a plan In mind, will not appear with the rest of the traffic when they
are aware there will be an armed person at the front desk. He
revealed that those persons will monitor, have a plan and present
themselves when they have no resistance. He affirmed if they plan for
resistance they will have an adequate number of people to follow
Page 6
! September 28, 1994
;
through.
Commissioner Saunders suggested that the Board preliminarily favor
Option #1 until the Judges have made their decision on October 4th.
Commissioner Constantine remarked that he has difficulty with
Option #1, noting that it is over and beyond what is currently needed.
Commissioner Volpe concurred with Commissioner Constantine with
regard to Option #3 as a first step toward phasing in full implemen-
tation.
Commissioners Matthews and Norris voiced concurrence with Option
#3. .
The consensus of the Board with regard to Courthouse Security was
Option #3 in the amount of $268,650.
Mr. Smykowski announced that the second item relating to wrap up
issues is the Nursing Care at the Jail Facility.
Crystal Ktnzel, Sherlff's Finance Director, advised that RFP's
have been solicited. She noted that $1.3 million was originally
budgeted for this line item and a contract has been received in the
amount of $1.1 million. She explained that unfortunately, this
contract contains a per diem average daily population cap of 500 per-
sons. She reported that the daily average population is 471, and
noted that since it is not yet the season, she does not desire to
request a budget amendment at this time. She remarked that any excess
fees will be returned, however, as the season approaches, it is anti-
cipated that the population may increase the daily cap of 500.
Commissioner Volpe remarked that the Sheriff's agency is housing
federal prisoners in addition to assisting Lee County. He questioned
whether the 471 includes the averages coming about as the result of
providing assistance to the federal government. Ms. Kinzel replied
in the affirmative and pointed out that the $44 that is billed does
come back as direct revenue to the Board and some of those costs are
recovered.
Ms. Klnzel explained that there is a 28% increase overall average
from month to month from the prior year.
Page
September 28, 1994
The Board concurred that the line item for Nursing Care at the
Jail Facility remain at 81.3 million.
Mr. Smykowskt stated that the final wrap issue is the Additional
Sales Tax and State Revenue Sharing revenues. He recalled that the
forecast for revenue sharing and state sales tax was Increased in the
third quarter revenue reports. He noted that state sales tax is
currently budgeted at $14.3 million and revenue sharing is budgeted at
$4,850,000. He announced that the state is pro~ecttng $15,386,000 for
state sales tax for a margin of $1,086,000. In addition, he remarked
that the current esttmate for state revenue sharing is $5,466,000
which would provide a variance that is unbudgeted at $616,000 for a
total=of $1,702,000.
Mr. Smykowskl advised that the staff recommendation is to reserve
those funds to mitigate against tax Increases one year from now.
In response to Commissioner Volpe, Mr. Smykowskt explained that
one year from now $4.5 million that Is currently budgeted in the
General Fund will be needed for Road and Bridge projects.
The consensus of the Commission was to follow stafffs recommen-
dation and budget the funds in Reserves.
Commissioner Constantine recalled that last year payroll was
budgeted at 98~ with 2~ for attrition. He questioned whether the
Constitutional Officers are doing same. County Manager Dotrill
replied that he forwarded a memo to each of the Constitutional
Officers asking them to do same, however, they unanimously advised
that they would continue to budget at 100~ gross salaries.
Mr. Smykowski suggested that this issue be readdressed as part of
developing the budget policy for FY 96.
Commissioner Constantine recalled that the County~s self insurance
fund appesred to be a higher cost per employee per annum thsn some
private funds. He noted that the Sheriff is currently paying 82,900
per person, annually and the Board is paying in excess of $3,500 per
employee.
County Manager Dotrill reported that the Sheriff is in a self
Page 8
September 28, 1994
insured pool through the Florida Sheriff's Association.
Ms. Kinzel affirmed that the Sheriff has a managed care plan and
there are some disincentives to keep the costs down.
Commissioner Constantine remarked that various alternatives should
be explored to save money.
Administrative Services Administrator Ochs explained that alter-
native bids with private carriers were explored this past summer and
one proposal was received for a managed care arrangement which the
Board has already entered in to through the plan with Naples Community
Hospital. He noted that the one bid that was received was from a pro-
rider outside the Naples area.
Mr. Ochs pointed out that the plan for the Sheriff is in its first
year under self-funding and typically there is very good claims
experience during the first year. He noted that it takes approxima-
tely 90 days for the bills to come in after services have been Ten-
dered and paid. He affirmed that for the first three months of the
Shertff's new plan, many of the claims were coming in and paid for out
of the Board's plan.
(30S?)i
Item #JD
PUBLIC COWSaNTS AND QUESTIONS
The following persons spoke with regard to the budget:
Rick Compton, representing Shelter for Abused Women
Beth Knake, representing Project Help
Kathleen Ennts, representing Rape Crisis Team of Project Help
Tape #2
Richard Ennls, re Project Help
Pauline Burgess, re Project Help
Vicki Vaughn, re Project Help
Jack Pointer, re funding for the 800 MHz system
Fay Biles, representing Marco Island Taxpayers Association
Jane Varner
Commissioner Saunders stated that there is $1.7 million more in
revenues than what was expected. He suggested that the Commission
consider raising the subsidy to the quasi-governmental agencies back
to the $150,000 as it had been for a number of years.
Commissioner Matthews concurred with Commissioner Saunders'
suggest i on. I'}C'O ,.,;,. 11
Page 9
September 28, 1994
see At this time Deputy Clerk Barblrettt replaced Deputy Clerk
Hoffman
Commissioner Volpe recalled that the Board had capped the amount
of monies available for various contract agencies in fiscal year
93/94.
Mr. Smykowskt stated that each received $5,000.00 for a total of
$50,000.00
Commissioner Volpe noted that under Fund 123, Social Services for
Seniors, it provides $587,000.00 annually. He asked if an additional
$5,000.00 would be provided for that particular agency? He pointed
out that there may be some duplication of those services.
County Manager Dotrill explained that the Services for Seniors
Program is a program that ie partially subsidized by the Federal
Government. He said that a County caregiver is sent into the home of
someone who is bedridden. He said that the caregivers will do light
cleaning, do errands and personal hygiene. He stated that Meals on
Wheels is a separate program that provides meals. He confirmed that
there is no duplication of services.
In response to Commissioner Volpe, Commissioner Matthews explained
that Hospice takes care of terminal patients in general.
Commissioner Saunders explained that Hospice takes people out of
hospital beds and reduces the cost of hospitalization which reduces
health care costs.
Mr. Olltff indicated that all the contract agencies must go
through a screening as part of the County application process. He
explained that one criteria that is checked is if there is a duplica-
tion of. service.
Commissioner Norris stated that funding was provided at the incep-
tion of these agencies to get them started and operating. He said
that the problem in this discussion is that the agencies are claiming
that there are only two alternatives, either the County contributes or
the project is disbanded. He said that this is not the case. He
stated after reviewing the budgets of the agencies one thing stands
Page 10
September 28, 1994
out very clear/y; the small percentage of private donations received.
He said that is for one of two reasons, either the Community does not
desire this service, which is c/early not the case because the service
is excellent and valuable, or that proper fund raising is not done.
He suggested that Project Help recruit or hire a fund raiser.
Ms. Knake, Director of Project Help, replied that she agreed that
proper fundraising would help. She said that she has been attempting
to raise funds for nine years. She stated that rape, domestic
violence, suicide and homicide are not popular subjects in Collier
County. She said it is difficult to raise funds when dealing with
such painful and intense issues that have stigmas attached to them.
Commissioner Saunders stated that he has tried to assist Project
Help in raising funds in the past but the funds raised were not
substantial.
Commissioner Constantine stated that on Board meeting days he
focuses his attention to the items to be presented. He said that once
the decision is made the issue is eventually forgotten. He said this
issue is the most difficult one he has had to deal with because it
is so complex. He said that he does not forget this issue after the
budget hearings, it remains for long after. He stated that he shares
some concerns with Commissioners Norris and Volpe. He said no one is
suggesting that these programs are not necessary. He indicated that
one problem he has is where to draw the line, not only on which
program but if the funding is increased, where does it end? He said
that a value cannot be placed on any of the programs because they are
all valuable. He said that he has decided, as he has struggled with
the issue, is to "put my money where my mouth is". He stated that he
is committed to raising funds in the private sector. He challenged
all the Board members, including those Commissioners who are incoming,
to do that. He stated that as community leaders we have the ability
to focus on issues that are not pleasant and achieve positive results.
He said that he will not change his mind tonight on the $50,000.00
figure. 13
Page 11
September 28, 1994
Commissioner Saunders said that he would like to see the Board
approve the $100,000.00 figure that was in the current yearns budget.
He said that the Board draws the line as to what agency is funded fre-
cluently.
0ommtsstoner Volpe stated that he has struggled with this issue
for six years. He said that this is not an easy decision to make. He
recalled that the Board had Increased funding to the David Lawrence
Center for their domestic violence program. He said that the Board
had developed a policy to eventually reduce government spending for
various charitable, non-profit organizations. He stated that It is
difficult to draw the line. He said that there Is an opportunity for
the kind of assistance suggested by Commissioner Norris.
Commissioner Saunders moved to approve $100,000.00 for the
contract agencies. Seconded by Commissioner Matthews.
Upon call for the question the motion failed 2/3 (Commsrs. Norris,
Constantine and Volpe opposed).
Commissioner Constantine stated that it is the consensus of the
Board to keep the budgeted amount of $50,000.00.
Item #mE
KKSOLUTION 9&-714 AMENDING THE ADOPTED TENTATIVE BUIXtET FOR FY 94-95 -
ADOFTEDWITH CHANGES
Commissioner Volpe moved to adopt a resolution amending the
adopted tentative budget for Fiscal Year 9&/95 incorporating the
changes discussed tonight and those changes outlined previously.
Seconded by Commissioner Matthews.
Upon call for the question, the motion carried unanimous/y,
theret~/adopting Resolution 94-714.
,oo, t.3a},.:.., 14
Page
Item
PUBLIC READING 0F THE MILLAGE RATE RESOLUTION
september 28, 1994
Mr. Smykowski gave a Public Reading of Millage Rate Resolution.
Item:e3G
RESOLUTION 94-715 ADOPTING THE MILLAGE RATES - ADOPTED
Commissioner Voll}e ~oved to approve the resolution adoptlng the
Millage Rate to be levied for Fiscal Year 9&/95. Seconded by
Commissioner Matthew~.
Upon call for the question, the aotion carried unanimously,
thereb~ adopting Resolution 9&-715.
Page 13
September 28, 1994
Item
RESOLUTION 94-716 ADOFrlNG THE FINAL BUDGET FOR FY 94-95 - ADOPTED
Commissioner Norris moved, seconded by Commissioner Matthews to
adopt the Resolution to Adopt the Final Budget b~ Fund.
Upon call for the question, the motion carried unanimously.
thereby adopting Resolution 94-716.
Mr. Smykowskt reported that Capital Projects as incorporated into
their adopted budget policy will be administered on a total project
budget basis next year as opposed to an appropriation unit basis.
Mr. Smykowski thanked Edward Finn, Bob Byrne and Jean Gansel for
all their hard work in preparing this budget.
Commissioner Constantine closed the public hearing.
Page 14
September 28, 1994
(19el)
ltemi#3Bl
ORDINANCE 94-&7 AMENDING ORDINANCE NO. 90-87, AS AMENDED, THE COLLIER
COUNTY REGIONAL SEWER SYSTEM IMPACT FEE ORDINANCE - ADOPTED AS AMENDED
Legal notice having been published in the Naples Daily News on
September 9, 1994, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
Assistant County Attorney Ashton etated that the item before you
concerns three amendments to the Impact Fee Ordinances. She said that
the first amendment is to the use of money section pursuant to Board
direction that the County Attorney prepare an amendment to our current
Ordinance.
In response to Commissioner Saunders, Ms. Ashton explained that
the County Attorney has added five conditions. She stated that the
first amendment to the use of money section is pursuant to the Day
Care Center in Immokalee. She reported that they requested a waiver
of impact fees, which under the current Ordinance, could not be done.
She reported that language has been developed which will allow the use
of the interest on the impact fees to fund waivers for charitable and
non-profit organizations providing that they meet certain conditions.
She explained that the first condition is that they qualify for not-
for-profit or charitable organization. She said that the second is
that they provide services to minorities or low income citizens of
Collier County at reasonable rates. She reported that the third con-
dition is that the County does not provide such services. She stated
that the fourth condition is that provision of such services provides
substantial benefits to the citizens of Collier County. She said that
the fifth condition is that sufficient funds in the impact fees
account exist to fund waivers. She said that the last is that the
funding for the waiver comes from the fund for which the waiver is
granted.
County Attorney Cuyler stated that the Board asked that he give an
opinion on the use of the interest on the impact fees for this purpose
oo,,
Page
September 28, 1994
as opposed to affordable housing waivers. He indicated that the Board
is going away from that situat~on. He reported that he had an
Attorney General opinion, which is not binding in itself, that says
that the interest on the impact fees can be used for affordable
housing waivers. He said that when not-for-profit organizations are
considered it is moving away from the situation.
Commissioner Volpe asked if the Board has the legal basis to
proceed with this type of approach?
Mr. Cuyler replied that the same argument can be made as that for
affordable housing.
Commissioner Volpe asked what portion of the client base must be
minority in order to qualify for that condition?
Ms. Ashton explained that the percentage has not been established.
She said that the conditions were drafted to provide flexibility.
Commissioner Volpe remarked that no safeguards have been
provided.
Assistant County Attorney Ashton stated that she believed that
sort of condition could be addressed in the Resolution findings,
Commissioner Volpe suggested that objective criteria be provided.
Commissioner Constantine asked Commissioner Volpe if he could
suggest a course of action? .
Commissioner Volpe stated these are considerable sums of money.
Be said that the Board is committed under the Growth Management Plan
to addressing the deficiencies that we have in regard to affordable
housing. He said that these organizations are going to compete with
those affordable housing projects. He stated that the Board must
address the commitment to the Growth Management Plan.
Mr. Cuyler indicated that he was not sure what the Attorney
General's answer would be regarding affordable housing. He said that
since we do have that answer he will rely on it. He reiterated that
this is a step beyond that.
In response to Commissioner Vo/pe, Commissioner Matthews replied
that the amount of the impact fee waiver for the Immokalee Child Care
Page 16
September 28# 1994
Center is between $15,000.00 and $20,000.00.
The following people spoke on the issue:
Fred Thomas Frank Cooper
Commissioner Saunders stated that the Immokalee Child Care Center
was part of the original site plan for the affordable housing project.
He suggested that another finding be made that it be limited to the
specific facts of this case; that it is a child care facility and that
it was part of the support service for the affordable housing project.
Commissioner Saunders moved to add the finding that this is a spe-
cific fact of this case In that It tea child care facility and part
of the support service for the affordable housing pro~ect. Seconded
by Ccesmtsstoner Norris.
Commissioner Volpe asked If there was a provision in the deed that
if in the event the property is sold that the owners have the right to
sell the property for any use?
Mr. Cooper, representing B & B Properties, replied that the tax
credits require that there be a child care center.
Brad Estes, Executive Director for Immokalee Non-Profit Housing,
revealed that there are plans for a day care center in Timber RIdge.
Commissioner Saunders clarified that the motion only deals with
this issue. He said that it would relate to the language and all
ordinances that there be another finding that it be a facility that
provides child care or other support services to an affordable housing
project contained within the original plans submitted for approval as
part of an affordable housing project that qualifies for an Impact fee
deferral or waiver,
UIx)n call for the question, the motion carried 5/0.
Greg Mthaltc, Affordable Housing Director, stated that he has
requested changes to the affordable housing provisions. He requested
that the Board agree to subordinate Its lien for impact fees to a
primary lender if the owner can demonstrate a subordination is
necessary to obtain financing. He said that he believes this issue
should be divided into two components, one for owner occupied housing
Page 17
September 28, 1994
and the other for rental projects. He said that the differences are
substantial. He stated that we have good success at having banks
accept the liens that we have on the properties. He said that in the
case of multi-family rental projects the deferrals provided are a
substantial amount of money. He said that in those cases if a subor-
dination is required there should be a cash equivalent Instrument used
to secure the Impact fee deferrals.
Mr. Mthalic reported that In the second section, Section 8E of the
Benefits Standards, it provides that owner occupied dwelling units
which exclusively serve moderate income families under these ordinan-
ces shall have 100~ of the applicable impact fees deferred instead of
the present 25~. He indicated that he is finding that 75~ of the
impact fees is not enough incentive to have people avail themselves of
this program.
In response to Commissioner Constantine, Mr. Mihalic replied that
80~ of the median Income for a family of four is $35,750.00.
County Attorney Cuyler pointed out that if approved this language
must be added to the Ordinance.
Commissioner Volpe remarked that the Board is being asked to
subordinate the entire amount. He asked if any consideration was
given to maintaining a loan to value ratio?
Mr. Mthalic replied that it is a technical lien problem. He said
that the bank maintains that they will not have any liens superior to
themselves.
The following people spoke on the subject:
Henry Trlbble
Tape #3
Brad Cooper Jim Slater
Fred Thomas Jane Varner
Brian Heffenbrack (spel]ed phonetically)
Commissioner Constantine closed the public hearing.
Commissioner Constantine asked if there were objections to any of
the changes discussed?
Commissioner Volpe requested confirmation on the 100~ deferral?
Commissioner Norris recalled that the 25~ deferral was set because
Page 18
September 28, 1994
the Board did not want to subsidize the people in that income range.
He said that there is a great difference between 25~ and 100~. Be
suggested
It was the consensus of the Board to approve the deferral amount
at 7~.
County Attorney Cuyler advised that the Board incorporate the pre-
vious discussion for Item #1 and a separate motion for each of the
following items.
Commissioner maunders moved to approve an Ordinance eatending
Ordinance No. 90-87, as amended, the Collier County Regional Sewer
S~stee Impact Fee Ordinance. Seconded b~ Commissioner Volpe.
Upon call for the ~iuestion, the motion carried unanimously,
thereb~ adopting Ordinance 94-47, am amended, and as entered into
Ordinance Book
{1145)
Item WeB2
0RDINaJICE 94-48 AMENDINO ORDINANCE NO. 90-86, AS AMENDED, THE COLLIER
COUNTY REOIONAL WATER SYSTEM IMPACT FEE SYSTEM FEE ORDINANCE - ADOPTED
AS AMENDED
Legal notice having been published in the Naples Daily News on
September 9, 1994, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
This item was discussed in conjunction with the previous item.
(See above.)
C~mmiaeioner maunders moved, seconded by Commissioner Norris, to
approve the Ordinance amending Ordinance No. 90-86, as amended, the
Collier Count~ Regional Water System Impact Fee Ordinance.
Upon call for the question, the motion carried unanimously,
thereby adoptin~ Ordinance 94-48, as amended, and am entered into
Ordinalrice !~3ok #67.
(1154}
Item ~3B3
ORDINANCE 94-49 AMENDINO ORDINANCE NO. 88-97, AS AMENDED, THE COLLIER
COUITTY LIBRARY SYSTEM IMPACT FEE ORDINANCE - ADOPTED AS AMENDED
Legal notice having been published in the Naples Daily News on
September 9, 1994, as evidenced by Affidavit of Publication filed with
Page 19
September 28, 1994
the Clerk, public hearing was opened.
This item was discussed in conjunction with the previous item.
(See~above).
Commissioner maunders moved, seconded by Commissioner Matthews, to
approve the Ordinance amending Ordinance No. 88-97, as amended, the
Collier County Library System Impact Fee Ordinance.
Upon call for the question, the motion carried unanimously,
thereby adopting Ordinance 94-49, ms amended, and as entered into
Ordinance Book 867.
(1158)
Item #3B4
ORDIMANCE 94-50 AMENDING ORDINANCE NO. 88-96, AS AMENDED, THX COLLIER
COUNTY PARES AND RECREATIONAL FACILITIES IMPACT FEE ORDINANCE -
ADOPTED AS AMENDED
Legal notice having been published in the Naples Dally News on
September 9, 1994, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
This item was discussed in conjunction with the previous item.
(See above).
Commissioner Saunders moved, seconded by Commissioner Matthews, to
approve the Ordinance amending Ordinance No. 88-96, as amended, the
Collier County Parks and Recreational Facilities Impact Fee Ordinance.
Upon call for the question, the motion carried unanimously,
thereb~ adopting Ordinance 94-50, as amended, and as entered into
Ordinance Book
(1175}
Item #385
ORDINANCE 94-51 AMENDING ORDINANCE NO. 91-71, AS AMENDED, THE COLLIER
COUITTY EMERGENCY MEDICAL SERVICES SYSTEM IMPACT FEE ORDINANCE -
ADOPTEDAS AMENDED
Legal notice having been published in the Naples Dally News on
September 9, 1994, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
This item was discussed in conjunction with the previous item.
i
(See above).
Page 20
September 28, 1994
Commissioner maunders moved, seconded by Coxaissioner Natthaws, to
approve Ordinance No. 94-51 as amended, amending Ordinance No. 91-71,
as amended, the Collier County Emergency Medical Services System
Impact Fee Ordinance.
Upon call for the question, the motion carried unanimously,
thereby adopting Ordinance 94-51, as entered into Ordinance Book
(1188)
ltameJB6
ORDINANCE 94-52 AMENDING ORDINANCE N0. 92-22, AS AMENDED, THE COLLIER
COUNTY ROAD IMPACT FEE ORDINANCE - ADOFrED AS AMENDED
Legal notice having been published in the Naples Daily News on
September 9, 1994, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
This item was discussed in conjunction with the previous item.
(See above).
Commissioner Saunders moved, seconded by Commissioner Matthews, to
approve Ordinance No. 94-52, as amended, amending Ordinance No. 92-22,
as a~ended, the Collier County Road Impact Fee Ordinance.
Upon call for the question, the motion carried unanimously,
thereby adopting Ordinance 94-52, as entered into Ordinance Book #67.
(1193|
Item e387
ORDIKINCE 94-53 A~ENDING ORDINANCE NO. 92-33, AS A~ENDED, THE
EDUCATIONAL FACILITIES SYSTEM IMPACT FEE ORDINANCE - ADOFrED AS
Legal notice having been published in the Naples Dally News on
September 9, 1994, as evidenced by Affidavit of Publication filed with
the Clerk, publlc hearing was opened.
This item was discussed in conjunction with the previous item.
(See above).
Commissioner Saunders moved, seconded by Commissioner Norris, to
approve Ordinance 94-5S, as amended, amending Ordinance No. 92-33, as
amended, the Educational Facilities System Impact Fee Ordinance.
Upon call for the question, the motion carried unanimously,
Page 21
September 28, 1994
thereby adopting Ordinance 94-53, as amended, and as entered into
·
Ordinance Book
There being no further business for the Good of the County, the
meeting was adjourned by Order of the Chair - Time: 9:00 P.M.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GO RNING BOARD(S) OF
SPECIAL RICTS UNDER ITS
CONTR
DWXO"., X. 'e~bC~f.~C,'r, zmc
as presen~'d' / or as corrected
Page 22