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BCC Minutes 09/22/1988 B ,..' ." Naples, Florida, September.~2, 1988 -." 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 datc Lt 7:00 P.M. in FIN~L BUDGET SESSION in Building "F" of the Government Complex, East Naplcs, Florida, with the following members present: CHAIRMAN: Burt L. Saunders VICE-CHAIRMAN: Anne Goodnight John A. Pistor Arnold Lee Glass Max A. Hasse ALSO PRESENT: Ellie Hoffman, Deputy Cl~rk; Neil Dorr1ll, County Manager; Ronald McLemore, Assistant County Manager; Lori Zalka, Budget Director; Jean Gansel, Stan Litsinger, and Jennifer Pike, Budget Analys~s; Ken Cuyler, County Attorney: Aubrey Rogers, Sheriff; Kevin O'Donnell, Public Services Administrator; Tom Crandall, Utilities Administrator; John Boldt, Water ~anagement Director: George Archibald, Public Works Administrator; Leo Ochs, Administrative Services Administrator; David P~ttrow, Development Services Director: Harold Huber, Engineering Director; Sherry Rynders, Risk Management Director; Jameš:Reardon, Emergency Services Director: Cliff Crawford. Parks (. Recreation Director: Micllael McNees, Utilities Administration Director and Nancy Israelson, Administrative Assistant to the Board. Page 1 ~ODJ; 118 ,~t 173 . . ..,. -- .. .. SEPTEMBEP 22, 1988 DISCUSSION OF PROPOSED T~X INCRE~SE TO FUND TIlE BUDGET Legal notice having been published in the Naples Daily News on September 18, 1988, as evidenced by Affidavit or Publication filed with th~ Çl~rk, public hearing was opened to review the 1988-89 Tentative Budget. Budget Director Zalka stated that the purpose for this final public hearing regarding the CoLnty Budget is for a decision to be made adopting the final Budget, and set the final millage rates. advised that the reason for the 9.9\ tax increase is to fund new Shf.' expanded services and new positions, including 39 Sheriff's positions. which will include 17 officers at the jail and 11 officers for road patrol and investigation. She added that the increase will also pro- vide 12\ more salary dollars for the Sheriff's Department, and an increase in the Levels of Service for Parks and Recreation, Libraries. Emergency Medical Service, and Clerk of Courts Operations. She indi- cated that o~her budget increases include 19 new Utilities positions, and 22 positions in the Community Devel~pment Fund, which are paid for by User Fees, and a 351 increase in Building fees. She stated that the Budget also includes Debt Service, which includes borrowing and Capital Projects for building new roads, parks, libraries, and buildings. Commissioner S~und~r5 stated that public comment relating to the Wiggins Pass MSTU will be heard at this time. Page 2 m~ 118 p1';l175 aDo< 118 p¡r,( 176 SEPTEMBER '22, 1988 PUBLIC COMMENTS AND QUESTIONS ~gins Pass Municipal services Taxing Unit (MSTU) Commissioner Saunders indicated that the Board was petitioned by people in good faith that wanted a Taxing District established for th' dredging of Wiggin~ Pass. He advised that the Board of County Commissioners eslabli2hed this T_xing District, which resulted in controversy in the neighborhood, not only of the dredging, but how it should be funded. He stated that he believes solutions should be found to dredge the Pass immediately, and at the same time, solve the problem of the unfairness in the funding. He suggested that ð mech~- nism be provided where the County will pay a portion of the project, without an MSTU. fie noted that perhaps 50-50 funding could be accomplished with County funds fro~ boating fees, or other alter- natives, adding that it will get the Pass dredged and spread out the cost. He suggested dissolving the MSTU and place the dredging and maintenance dredging on the bal1ot for 1989. Public Works AdminIstrator Archibald advised that the projected cost for the dredging at this time is $150,000-5200,000. Commissioner Pistor stated that he is in agreement with a 50-50 split, but he is also suggesting that a fair share study be conducted, before another MSTU is designed, which will determine a better way or assessing the cost to the people in the area. Commissioner Glass stated that he does not concur with a 50-50 Page 3 - - - - - - .. SEPTEMBER 22, 1988 split, noting that this is a public waterway, and his feeling is that the dredging should b~ funded totally from County funds. He suggcstt:'d that boating funds be looked at, plus reserve monies for future budgeting in the planning process. Commissioner Ilas!;c stating \-hat he does not feel there is a need for the MSTU since ð good portion of the dredging will be paid from boating fees, noting that the Pass will not require yearly dredging. Commissioner Saunders stated that the consensus of the Board is to eliminate the MSTU, making it zero, but the question is, what to do in place of it? Mr. Lee Frink, Vanderbilt property owner, stated that there is a lot of merit in the suggestions made by the Board this evening, but questioned whether the MSTU could be kept in place, without assessing a tax at this tim'~, and pay for the dredging out of County funds, then amend the MSTU to be compatible with the results of the study, thus, ðmending the millage rate? Çommission~r S~unders noted that Mr. frink's suggestion is an option to be considered. Mr. Cliff Arguie, Vðnderbilt resident, suggested keeping the MSTU in place, with the changes as proposed. He stated that when the question of the"MSTU came before the Board, there was no opposition from the property owners, but because of the publicity, people are now coming forward, indicating they want it dissolved. He stated that he Page 4 aoo( 118 Pl'.~ 1 TI ~OOJ; 118 Fl~r 178 SEPTEMBER 22, 1988 owns waterway property, ~nd the Pass should be dredged immediately, whether it is to be funded by th~ County, or the property owners. Mr. Gorbatch stated that he is writing a book on Snook fishing. lie noted that when the PaDS is dredged, all the sand will be going through the fish, which will impair their breathing, and they wil1 die. He stated that marine life will be put in jeopardy by dredging the Pass, and suggested looking into this more thoroughly. Mrs. viola Barclay, Vanderbilt Beach resident, stated that she is requesting that the MSTU be dissolved, and start over to solve the problems. Mrs. Bettye Pangle, Vanderbilt Beach resident, stated that she opposes the MSTU, and questioned what happened to user's fees? She - noted that the people in favor of the MSTU are the boaters, adding that wiggins Pass is a public waterway, used by the public, more than the residents. She indicated that she is not against the dredging of the Pass, but feels the cost should be borne County-wide. Mrs. Grace Dlackmore, Vanderbilt Beach resident, advised that as of today, she has not received the letter or survey regarding the MSTU, noting that she would like her negative vote to be included. She stated that she believes the MSTU should be rescinded. Mr. Jim Hayward, Little Hickory Shores resident, congratulated th' Hoard on their comments relating to the wiggins Pass issue. He indi- cated that the Ordinance which was adopted was flawed, and hopefully, Page 5 - - - .. SEPTEMBER 22, 1988 if the MSTU is rescinded, the Board can move forward with more accura- tely outlined information. Mrs. Emily "'aggio, Little Hickory Shores resident., stated that shf" is opposed to the Ordinance, noting that she [eels it contains flaws, and hopes it will be rewritten. She noted that she desires to serve on any committee regarding this issue. Mr. William Gras!ji, Little ,iickory Shores resident, advised that he is opposed to the dredging of the Pass. He noted that he believes "nature ~hould take its own course." He stated that he is agð inst the. dredging, and the Laxation of the residents. Mr. Philip Ash, Jr., Bayside Avenue resident, stated that he is a member of the Coast Guard Auxiliary. He noted that boats are con- tinually being pulled off the sandbars, adding that the Pass is a safety and navigation hazard. He indicated that he lives in the area, and he believes that he should be taxed to pay some portion of the cost of the dredging of the Pacs, but he believes that the MSTU Should remain as a structure to investigate alternative funding sources, in addition to taxing the residents. He stated that the State must have some responsibility if the sand on both sides of the Pass is State owned, and part of the Delnor Wiggins State Park. He indicated that the County clearly has ~ome responsibility, and commercial operations in the area should also be taxed, i.e. the tour boats, the fishing guides, tow boats, and marinas. He stated that the recreational Page 6 ;;; llR '~".! 179 / ~OO( 118 Pl'it 180 SEPTEMBER 22, 1988 users and developers should also be taxed. Mr. Paul Harvey questioned if the MSTU is try be dissolved, will lhe funding [or lhe dredging and maintenance come from County funds? Commissioner Glass staled that his intention is to have a line item put into the budget, and co...lect County-wide. Dr. Peter Schmieding, stated that he is in favor of the County funding th~ dredgi~g, but added that he ~ líeves the MSTO should remain in place, as indicated by the returned surveys, as of this afternoon. He advised that he bel:eves the MSTU should be kept only as a reserve, if funding becomes a problem. Attorney Steve Crawford, representing the Wiggins Pass Conservanc\. advised that the Conservancy's primary objective is to have the necessary job done, and to keep the Pass open. He noted that the MSTIJ should remain, and the Conserva~cy believes that a solution should be provided for safely navigation reasons, but the apportionment should b..-.. fair. Commissioner Pistor suggested keeping the MSTU active, so that it could be a tool for next year, after it is amended. Mr. Gordon Eaves, Little Iickory Shores resident, stated that he I against the MSTU, and believes it shoul¿ be phased out, and then re-enacted on a fairer basis. Mrs. Marilou Corrigan, Vanderbilt Towers resident, stated that sh" is against the MSTU, and b('liev.....s the dredging of the Pass should be Page 7 SEPTEMBER 22: 1988 paid by those who usc ¡t. Mr. A. T. Felsberg noted that he is opposed to the MSTU. He slated that he is in agreement with Commissioner Gla3s' suggestion to fund the dredging from the General fund. He stated that there are sh~llow areas between the northwest area and Wiggins Pass, and questioned whether this means that there wil1 be more Special Taxing Districts, and more dredging? tie noted that the County must decide what areas need to be dredged, dredge them, and then take the money from the General fund. Mr. F..d Porter of Lak<:, Champagne questioned whether the Army Corps of Engineers has been approached regarding the cost of maintaining the Pass? County Manager Dorrill advised that this is not a navigable water- way as part of the Intercoastal Waterway System, and as such, the Corps does not havc jurisdiction over the Puss. Mr. Ira Evans stated that ~he Statutes provides that taxes will be levied on those who directly benefit, and if the entire area is not benefited, the MSTU is the method prescribed by the State Legislature. He noted that before such a proj~~t is considered to be funded from the General Fund, h~ urges the Board to examine how many other pro- jects will have.cqual merit to be funded from the General Fund. Commissioner Saunders advised that one letter of objection againsl the MSTU has been received. Page 8 ~OD'; 118 w,~ 181 - / Hœ 118n~182 SEPTEMBER ,22, 1988 Commissioner Hasse stated that he feels the Pass should be dredged as soon as possible, using boating fees. Commissioner Saunders indicated that there are not ~nough funds available in the boating fund to dredge Wiggins Pass and other Passes. He stated that he feels voluntar" contributions should be considered, to pay a portion of the cost, and it also helps the Coun~y to spread out the boating funds for other uses. Mr. Ed McMahon suggested that the Board contact Mr. Dan Spiner of the Moorings. He noted that the Moorings property owners raised their own funds for the first dredging, and-the funding was handled through the City of lIaples, and then a plan for taxes for future dredging was worked out by the City. Mr. McMahon stated that this operation is ~Save the Bays~. Mr. Paul Harvey stated these are two different types of waters, adding that Doctors Pass is not considered a Class 2 Waterway. He noted that he has a problem with the 50-50 joint venture, adding that 50\ of the funds were put forth for the ~revious dredging, and to ask the same people for funds again, does not seem realistic. He indi- cated that some people fecI that 1/4 mill va. 1/2 mill for Vanderbilt would be fair. Mrs. Emily Maggio submitted 3 ~etters of objection from persons who could not attend the public hearing. She stated if the MSTU is standing on the books, and a tax is levied, the residents of Little Page 9 .. .. .. ..~--- .. SEPTEMBER 22, 1988 Hickory Shores want to be counted out. commissioner pistor moved, seconded by commissioner Glass and carried unanimously, that no millage rate be assessed on the wiggins Pass KSTU this year, and no taxes levied for wiggins Pass. commissioner pistor moved, seconded by commissioner Hasse, that staff be directed to advise the best means of tunding for the dredging of wiggins Pass. Commissioner Saunders question~d whether Commissioner Pistor would object to amendIng his motion to include an analysis of sharing of the costs by a 50-50 split, including voluntary çontributions from those who will ben~fit by the dredging? commissioner pistor amended his motion, accepted by commissioner Hasse and carried 'lnanimously, that staff be directed to advise the best means of funding for the dredging of Wiggins Pass, including an analysis of sharing of the costs by a SO-50 split, to include volun- tary contributions from those who will benefit by the dredging, as soon as possible. ***** Recess 8:00 P.M. - 8:10 P.M. ***** Mr. Ed McMahon, representing the Greater Naples Civic Association. noted that the Taxpayers watch Committee had questions regarding 24 items identifieà in the proposed budget, but noted he received respon ses from County Manager Oorrill. H~ stated that there is ð major item he would like to call to the Board's attention: Page 10 ~ODK 118 Pi';t 183 / .-..- aoO( 118 ""~ 184. 5EPTEMBER,22, 1988 Proposed One-Stop Shop - Originally to be funded by Builders and Developers. Pagc D-ll, 12 and 14, of proposed budget indica- tes 5500,000 chargcd to ad ~al~rem taxes. County Manager Dorrill notcd that the fees for a variety of deve- lop~nt issues will be increased on September 27, 1988, to pay their proportionate share of the cost ~f the new Development Services Facility, and other major tenants, namely, the Utilities.Division, will also pay their fair share of the rental costs associated with that building. wi th regards to the Growth "'anagement Housing and Urban Development Section, and Zoning and field investigated activities, Mr. Dorrill advised that substandard housing, the County's Growth Management, and the enforcement of the County's Zoning Laws, have very - little to do with building permit fees, noting that this year, those agencies will pay their way fro~ ad valorem taxes. Mr. Skip Riffle stated that the proposed budget reflects a 5.9\ increase in ad valorem millage and 15\ increase in assessments will compute to almost 18\ higher taxes. Budget Director Zalka stated that increases in assessed valu~ are rolled back, and the Cou~ty does not receive extra money from that, no~ing that extra money is received from the tax increase of 9.9\ and growth in the tax roll from new construction, which is approximately 4\. Mr. Riffle stated that many people of the County are on fixed Page 11 - - - ... SEPTEMßEI! 22, 1988 incomes, and the average wage carner's dream of ð comfortable retire- ment is crumbling fast. lie suggested that if there is any fat in the Budget, it should be cut out. Mr. Al Spicer, Golden Gate resident, questioned how much building property in 1987 was taxed for 19881 Budget Director Zalka advised that new construction in 1987 was approximately $350,000,000, resulting in $1.6 million new taxation for 1988. Mr. Glenn Yeakey staled that property taxes are made up of valuation and millage rates, adding that based on State Regulations, nothing can be done about valuation, noting that the only control is mi l1age rates. lie stated that he urges the Board to keep the millage rates down. Mrs. Molly Magee, representing the Isles of Capri Civic Association, stated that assessments have increased dramatically in that area, and questioned whether it was universal? Commissioner Pistor advised that this County Commission has nothing to do with individual assessments, adding that it is done by t~n Property Appraiser. lie noted that the total assessed value of th,' County is submitted by the Property Appraiser's office. Commissioner Glass sLated that this Board has no control over th,_' assessed value of propcr~ies, and indicated that if there are con- cerns, i~ is time for people to organize a petition drive with the Page l2 aoo< 1181'£,...185 ,------- .__.'--_._--,.,,~-_., -. 'OO( 118w.t186 SEPTEMBER '22, 1988 State Legislature, ðnd get the law changed so that taxes cannot be raised until a house is sold. Mrs. Charlottc Westman, representing the League of Women Voters of Collier County, noted that Page D-52, reflects .50 mills tax regarding Beach Renourishment, and she understands the millage has been changed. Budget Director Zalka stated that the Adopted Budget-will reflect .1 mills. Commissioner Saunders indicated that one letter has been received from Helen C. Radke, citing her concerns regarding the increa~~ in property taxes. Mr. Ira ~vans stated that at the Public Hearing on September 7, 1988, there was discussion regarding the inclu~ion of a County-wide tax of funds for beach renourishment, adding that he understood steps would be taken not to tax Marco Island. County Manager Dorrill stated that there is $169,000 in the budget this year for planning and permitting only, as it relates to County- wide beaches, exclusive of Marco. He noted that until such time that the County will be moving toward construction, the budget will remain as it is. Mr. Evans stated that previously there was a transfer of County funds to the Marco Island Beach Renourishment MSTU, and he is requesting that this be done again. County Manager [~rrill indicated that a transfer could be made Page 13 - - - . .- -.""..... .. SEPTEMBER 22, 1988 from the General Fund to the Marco Island MSTD in the amount of 56,120. He noted, however, that people in Naples should not be asked to help pay for beach improvements on Marco, through subsidizing Tigertail Beach, and then Marco Islanders be exempt from contributing to County-wide beach~s in the Naples area. Commissioner Pistor moveð, seconded by Commissioner Hasse, to transfer $6,120 from the County-wide General Capital Fund to the Ka~ç~ Islanð Beach Renourishment MSTD. Motion carried 4/1 (Commissioner Glass opposed). Hr. Evans stated that the ad valorem taxes cannot double every six years, and he feels that every item in the expanded budget should be reviewed, and every item in it that is not the ultimate cost of that item, should be impounded and reviewed again. He suggested that when the guidelines are set for next year's budget, a public hearing be held in August, for public input. Hr. Evans noted that in 1983, the County sold 58 million worth of bonds to build 5 community parks, adding that according to this budget, with 4 years of debt service @ 5900,000 per year, the balanc~ olJtstanding as of October 1, 1988, will be 58,235,000. He suggested that Clerk Giles look into this, and impound that money that was not used for the specific intent. LETTERS FROM T~XPAYERS Budget Director Zalka advised that she received 3 letters from Page 14 &OO( 118 PIG( 187 ----", --_... -"-"" ..- '00< 118 PA'1.188 SEPTEMBER 22, 1988 taxpayers who could not be present for this evening's public hearing, citing that they arc against higher taxes. RESOLUTIO" 88-222, AMENDING THE FY 1988-89 TENT~TIVE BUDGET - ~DOPTED Ms. Zalka indicated that the backup for this resolution details all changes that have been made since the budget was first presented on July 15, 1988. She noted that the changes that are made tonight, will be revised, and added to the resolution. She advised that changes to be made arc: eliminating the special revenue fund for the Wiggins Pass Dredging MSTU, and amending the millage rate to O. Commissioner pistor moved, seconded by Commissioner Goodnight an~ carried unanimously, that the Amended FY 1988-89 Tentative Budget be , approved, and Resolution 88-222 be adopted. Page 15 - - - ....--..---.-.- - - - SEPTEMBER 21:, 1988 RESOLUTIOK 88-223, FY 1988-89 FINAL BUDGET, - ADOPTED Commissioner Pistor moved, seconded by Commissioner Goodnight 8~~ carried unanimously, that the FY 1988-89 Final Budget be approved, ~n~ Resolution 88-223 be adopted. Page l6 aOOJ; 118,.,0! 223 O( 118PA';t226 SEPTEMBER 22, 1988 RESOLUTIOØ 88-224, FY 1988-89 MILLAGE ~TES - ADOPTED ~u~get Director Zalka stat~d that this resolution adopts all mi11age rates which affect the tax bills. tion with the millage rates. Ms. Zalka read the resolu- commissioner piator moveð, seconðeð by commissioner Gooðnight anC carrieð unanimously, that the FY 1988-89 Millage Rates be approved, thereby adopting ~esolution 88-224. Page 17 - - - ...---,-.--.. ---- ------"---_........- ~Do( 118 Pl',[ 230 SEPTEMBER 22, 1988 *** There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - 9:10 P.M. BOARD OF COUNTY COMMISSIONERS BOARD Of ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ATTES:I~ . - , , JAMES C. GILÉ~CLERK ~'¿P-7l~£?~ . , -' , . ~hese ~inutes approved by the Board as pre~~~t~~' ~r as corrected on¿Ç/~/F;/7F/ Page 18