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BCC Minutes 12/16/1992 S Naples, Florida, December 16, 1992 LET IT BE REMEMBERED, that the Board of County Commissioners tn 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 5:05 P.M. in 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 ALSO PRESENT: Ellis Hoffman and Annette Guevtn, Deputy Clerks; Nell Dorrlll, County Manager; Ken Cuyler, County Attorney; Frank Bruit0 Community Development Services Administrator; Richard Yovanovich, Assistant County Attorney; George Archibald, Transportation Services Admtnistrator~ Frank Brutt, Community Development Services Administrator; Bob Blanchard, Long Range Planning Director; Greg Mihalic, Affordable Housing Dtrectorl Ruses1! Shreeve, Housing Program Analyst~ Ed Kant, Transportation/Traffic Operations Engineer~ Crystal Ktnzel and Lieutenant Byron Tomltnson, Sheriff's Department. Page Tape December 16. 1992 Legal notice having been published.in the Naples Daily News on November 27~ 1'992, 'as ev'idenced by Affidavit 'of Publication filed with the c~erk,:.Publ.l,c hearing rWaS.opene~. ., . Rtchar~ yovanpvtch,'.~ssistant C0un.tY Attorney, repo~ted that the Board shoulders in'r,ec~ip~ ~f h~".memorandum ~ddre. satng so~e of the legal lss~e~'w~!ch the C~nt¥ At~orney*s offtce,'was asked.to r~spond to and a mb~°~'~.staff'"* '.~econunendattons. . f~6m,Greg.Mlhalio {copy.not provided to therClerkt~.O*fflce} . '. , Anoint ;~unt~.A~torney Yovanovlch. remarked 'that he has. : imPose, reside~c+.re~l:rem~nta before an i'&ak~dui1 ts. eligible.for, an:impact fee waiver or,deferral. He noted t~:his,=eseargh, ind~cates,th~t.a..residency requ~remen%,ls · .unconstltu~tonal.stn~e it ~ouid :Infringe.upon a person's right'.to tra- - Vel' fronE~ate,... ..i to state, or county to county. ..... .--.Assistant Cothnty Attorney Yovanovtch explained that a 100~ waiver. does not have to be given, noting that a distinction among the various groups could be made, i.e. i00X for very /ow income household, 5OX for /ow and 25~ for moderate Income households. County Attorney Cuyler pointed out that Comprehensive Plan says that the cOunty will assist the very /ow, /ow and moderate income households. .~ In response.to Commissioner. Saunders, Mr. Yovanovich stated that the ordinances, as currently written, provide that the Board will pay the fee when It is waived or deferred. He pointed out if that provi- sion Is stricken from the ordinance that money would not need to be accounted for today, however, a transfer of funds, from legally available funds would need to be made when the shortfall becomes apparent. Page 2 December 16, 1992 In answer to Commissioner Volpe, County Attorney Cuyler advised that tn some instances, the County may receive properties for parks, etc., in lieu of paying impact fees, and the developer would receive credit for providing same. Commissioner Volpe questioned whether the HUD guidelines are realistic as they apply to a low lying coastal community with regard to l0 mi/es or twenty minutes. Affordable Housing Director Mihalic replied that the guidelines arc me,ely guidelines, and not mandatory tn any. sense. He remarked that affordable housing should be built where it ts economically feasible to be built and the 10 miles/20 minutes ts not the overriding criteria. County Attorney Cuyler stated that one provision in the Comp Plan talks in ts=ms of assistance through development charges and building permit fees. He noted that would probably be the only provision that is questionable. He revealed if there ts a policy change, there ~s nothing on the local level preventing the Board from amending the Comprehensive Plan. Commissioner Saunders pointed out that the regulations under state law provide great flexibility as far as how the waivers are struc- tured. Mr. Mlhalt¢ Indicated that the rental levels and those to be served by same have to be.looked at. Mr. Mlhalt¢ related that his memo provides additional options to the Board. He stated that the first decision that needs to be made Is whether the Board wishes to exempt fees or defer fees with collection at a later time. He divulged that both are valid options and they can be mixed. He noted that fees for certain income categories may be exempt and other fees from other categories or other Income levels can be deferred for collection at a later time. He cited that a single family home for a low or moderate income person could be offered deferral aa a zero Interest payment loan that would be due when that person sold the home or in fifteen years. He explained if that per- son is unable to pay the impact fee that was deferred, he could then Page 3 December 16, 1992 shift to a self amortizing loan tn a similar manner to ~hat ts currently done with sewer assessments or other assessments on proper- Mr. Mlhaltc stated that an outright waiver nat be appropriate for those persons earning less than 50~-60~ under the median /ncome. ' The following persons spoke with respect to this item: Bryan Weber Howard Allen, Sr. Ed Scheerer Fred Thomas, Jr. · John Wltchger Fred Tarrant ~ Jane Varner Roger Guartno(Tape #2) ........ Gerald Sllber · Robert McDuff es Gregory Lesaard Chip O/son :: Ophelia Allen Alan Reynolds ese Recelsed.- T:00 P.M. - Reconvened: 7:10 P.M. at wh/ch t/me ........ Deput~ Clerk Guevtn replaced Deput~z Cle.vk Hoffman ese "In. response to Commissioner Matthews, County Attorney Cuyler Indi- cated he .has. not looked Into the per'formance of community, mary"ce exchange .for' impact fee waivers. He commented from a policy stand- point, 'does the:Board'wtsh to impose such.-a requirement on a single mother with three children, working 14 hours per day to afford low cost-houSing. He said he would not be tn favor of such a suggestion. ..... :' commissioner Volpe commented he would like the Board initially to take a conservative and restrictive approach. He said he ts suppor- t/ye''of targeting very ]ow and low /ncome families, ts tn favor of channeling'as much as possible into owner-occupied single-family units and ia also tn' favor of a program that will benefit either long-time residents or'those'whose prtma~y Income ts derived from Collier County. -With regard to.first-t/me home buyers, he suggested that tf one-member.of the household has not owned a home before, that person should be treated as a first-time home buyer. He added he would like to see a central clearinghouse for people to become aware of this program. Commissioner Constant/ne Indicated ~is support for the new del/hi- Page 4 December 16. 1992 tions of the various Income categories and respective percentages of median income that were provided the Board this date. He concurred with the Orange County model of assigning waivers by percentages under the new definitions. He agreed with Commissioner Volpe that the pri- mary wage earner should derive his income from Collier County and suggested 70~ of a family's income should be earned in Collier County. He mentioned hie concern with the lack of discussion thus far regarding setting a limit on the amount of funds to be spent. Commissioner Norris agreed that a residency teat should be incor- porated into the program. On the matter of waivers or deferrals, he said, the Board should keep this program as deferrals. He advised In the case of home ownership, he is not opposed to having an unlimited time limit In place, as long as the fees are to be paid upon sale, refinancing or termination of use as affordable housing. He also agreed with limiting this program to the very /ow and low income fami- lies. In response to Commissioner Constantine, County Attorney Cuyler '~emarked if the Board decides to restrtot this program to the very low and /ow Income categories, hie suggestion would be to amend the Comprehensive Plan to reflect that decision. Commissioner Saunders agreed that this program must be focused on the lower income families. He suggested the Board provide 100~ impact fee waivers for those families whose Income meets or is less than 50~ of the median income, and perhaps put tn place a tiered system for those meeting higher percentages of the median Income. Noting ~ommiseloner Constantine's comments regarding funding, he suggested the Board implement this program immediately and est that concern aside for the budget hearings. Commissioner Matthews proposed language be added to the ordinances providing for a limitation on the amount of funds available, as set by the budget. She also mentioned the Board needs to decide how the funds will be expended, such as on a first come, first served basis, a numbering system, etc. oo, fl O ,G 07 Page December 16, 1992 Conlasloner Saunders moved,, seconded by Commissioner Constantine, to close the public hearing. Maria Parrs, through an Interpreter, spoke regarding impact fees being imposed on mobile homes. Coutssioner Volpe asked if mobile homes are counted for deter- mining availability o~ a~fordable housing? Mr. Mthalt¢ Indicated that has not been done in the past, however, Staff will work on that issue at the discretion of the Board. Assistant County Attorney Richard Yovanovtch reported some of the ordinances being considered this evening Include other changes tn addition to affordable housing. He said the Library and EMS Impact Fee Ordinances alee have changes to the use of money sectton~ and the Road Impact Fee Ordinance contains an amendment to the use of money section and adds exemptions for County-wide health providers and publicly-owned governmental buildings. Ha clar~fied the Parks and Recreation, Water and Sewer Impact Fee Ordinances deal only with affordable housing. /?--~['Upon call for ~he question, the motion carried unanimously. ~-..'. Upon a motion made by Commissioner Constantine, several issues of "~oncern:wera discussed by members of the Board. Tape ~3 · ~'~urlng this review, Messrs. Fred Thomas and Fred Tarrant were allowed to speak. After lengthy debate by the Board, the following action was taken: , · ~.~.Coanlesloner Constantine moved, seconded by Commissioner Norris and carrtedunantmouely, to approve the amendments to the Collier Count-~Re~tonal Sewer System Impact Fee Ordinance with the following addttlon~ and/o~'changas: the new de~inttione of income categories of 5OX, 60X and SOX (not provided to the Clerk to the Board); the new &ppendL~ A distributed along with Mr. Mihaltc~e memorandum to the Board o~ Count~ Commissioners dated December lSth (copy not provided to the Clerk to the Board); ?OX of total household income must be derived within Collier County; very low' Income owner-occupied develop- Page December 16, 1992 merits wtll receive 100~ waiver of Impact fees; very low income rental units will receive 100~ deferral of impact fees for 15 years; low income o~ner-occupted developments will receive a 50~ waiver of Impact fees ~nd I 50~ deferral of impact fees, payable upon discontinuance of use; for Iow income rental projects, 50~ of impact fees will be paid and 50~ will be deferred for 15 years; owner-occupied moderate income developments will receive a 25~ deferral for 15 years, with TS~ of the imp&ct fees being paid; moderate income rental developments will receive no us/stance; there will be a f/ret-time home buyer prey/s/on and a houstead provision for owner-occupied hous/ng; 40~ of the total a~unt of ~on/es available for this progru will be set aside for o~nsr-butldere or s~all builders who bu/ld five units per year or lees; funding will be ~ubJect to the second publ/c hear/ng of the ~nnual budget; agencies of Collier County government or an agency .enter/ng into an tnterlocal agreement with Coil/er County wtl! receive 100~ m~ptlon~ thereby adopting Ordinance 92-94 as entered into Ordinance Book No. 59. ..ell Recessed: 8:52 P.M. - Reconvened= 9:05 P.M. .et e.e Coma~ssioner Constantine did not return from the bre~k .es Commissioner Volpe reported he was Informed during the recess that an overall, comprehensive motion was not taken approving the ordinan- ces with the amendments identified by Assistant County Attorney Yovanovlch. Conisetoner Volps moved, seconded by Commissioner Norris and c~rried 4/0 (Conissioner Constantine out), to approve Ztems #3A~ ~3B, #3C, #3D, ~3E and #3F with all the changes and modifications discussed above and with the a~end~ents identified by Assistant County Attorney Yovanovich. Ztem ~3B ORDZRA~CE 02-0S Am~m~NO O~O~A~CE 90-88. AS AMKh'DKD. ~HR COL~ZER COVNTYREGZORAL MATKR SYS?E~f ZM~AC? FEE ORDINANCE, BY A~ERDIHG THE AFFORDABLK HOOSZRG SKCTZOR - ADOP?ED ~Z~H CHA~GKS Legal notice having been published ~n the Nap]es Daily News on November 27, 1992, as evidenced by Affidavit of Publication f~led with Page 7 December 16, 1992 the Clerk, public hearing was opened. Thio 1tam was discussed tn conjunction with Item #3A. Commissioner Saunders moved, seconded b~ Commissioner Constantine and carried unanimously, to close the public hearing. Contestoner Constantine moved, seconded by Commissioner Norris and carried unanimously, to approve the a~enchnents to the Collier County Regtonml Water System Impact Fee Ordinance with the additions and/or changes as noted within the motion made in Item #3A~ and that Ordinance 92-95 be adopted and entered into Ordinance Book No. 59. 01:tDlR&l~Cg 92-96 &I4~NDING ORDINAHCE* 88-9? AS AN~NDED BY ORDINANCE 91-11, T]~ LIBRARY SYSTK~ Z)~PACT FEg ORDINANCE, PROVIDING FOR MODIFIC&TION. OF PROVISIONS I~LATING TO USE OF MONIES AND AFFORDABLE ROUSING - ADOPTED W~TH CHANGES · Legal not/ce having been published tn the Naples Daily News on November .2?, 1992, as evidenced by Affidavit of Publication filed with the.Clerk, public hearing was opened. i'.'-.',Thls item was discussed in conjunction ~lth Item #3A. Commissioner Saunders moved, seconded by Conlssloner Constantine, to. close the publtc hearing. Co~m/sstoner Constant/ne moved, seconded by Com~teetoner Norris and ca-~rtsdunantmously, to approve the amendments to the Collier County Ltbrar~ System Impact Fee Ordinance with the additions and/or cha~ges u noted within the mot/on made tn Item #3A; and that Ordinance 92-96 be adopted and entered Into Ordinance Book No. 59. ORDINANC~ 92-9? AJdF, NDING ORDINANCE 88-96 AS AMENDED BY ORDINANCE 91-39 *AND ORDINANCE 92-29, RELATING TO TH~ COLLIER COUNTY PARES AND .RECRJ~ATIONAL FACILITIES I~PACT FEE ORDINANCE, PROVIDING FOR MODIFICATION OF PROVISIONS R~LATING TO AFFORDABLE HOUSING - ADOPTED WITH CHANGES Legal notice having been published tn the Naples Daily News on .... No~e'mber 27,** 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. This item was discussed in conjunct, ion with I~em #3A. Page 8 December 16, 1992 Comlseloner Saunders moved, seconded by Commissioner Constantine and carried unanimously, to close the public hearing. Co~lssloner Constantine moved, seconded by Commissioner Norris and carried unanimously, to approve the amendments to the Collls~ Count~ Parks and Recreational Facilities Impact Fee Ordinance with the additions and/o~ changes as noted within the motion made In Item #3A~ and that Ordinance 92-9? be adopted and entered Into Ordinance Book No. 59. - Item #3E ORDINANC~ 92-98 A~ENDING ORDINANCE 91-71 AS AN~NDED BY ORDINANCE 92-30, R~LATING TO THE COLLIER COUNTY F~ERGENCY ~EDICAL SERVICES SYSTEI~ I~4PACT F~E ORDINANCE, PROVIDING FOR MODIFICATION OF PROVISIONS RELATING TO. USE OF MONIES AND A~FORDABLE HOUSING - ADOPTED ~TH CHANGES ~ Legal notice having been published In the Naples Da~l¥ News on November 27, 1992, as evidenced by Affidavit off Publication filed with the Clerk, public hearing was opened. This Item was discussed tn con~unctlon with Item #3A. Com~imetone~ Baunders moved, seconded b~ Commtsstons~ Constantine and c~r~tedun~nt~ou~l¥, to close ~he ~bl~c hearing. C~.s~oner Co~t2ne moved, seconded ~ Co~s.~oner Norris ~d c~ted ~t.ous~y, to approve the ~en~ents to the Collier Co~W ~r~n~ Medical Se~ces System I~pac~ Fee Ordtn~ce w~th the addlt~o~ ~d/or ch~ges as noted within the motion ~de tn Item ~3A; ~d that ~d~ce 92-98 be adopted ~d entered ~nto Ordtn~ce Boo~ No. 59. ~em ~3F O~N~CE 92-99 ~N~ O~IN~CE 92-22 AS ~E~ED BY O~ZN~CE 92-57, ~T~NG TO ~E COLLIER CO~ RO~ IMPACT FEE O~ZN~CE, PR0~D~NG FOR MODIFICATION 0F PROVIS~ONS ~LATING TO USE OF MONIES; ~ING SE~ZON 3.0~, ~TZONS, ~ PROVIDING FOR MODIFICATION OF PROVISIONS ~TING TO ~O~ABLE HOUSING - ADOPTED W~TH C~GES Legal notice having been published tn the Naples Daily News on November 27, 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. This Item was d~scussed tn conjunc~ton with item #SA. December 16, 1992 Co-~tssioner Saunders moved,, seconded by Commissioner Constantine and carried unanimously, to close the public hearing. Commissioner Constantine moved, seconded by Commissioner Norris and carried unanimously, to approve the amendments to the Collier COunty Regional Road Impact Fee Ordinance with the additions and/or changes u noted within the motion made in Item #3A; and that Ordinanc~ 92-99 be adopted and entered Into Ordinance Book No. 59. (~47~) Item ~30 AN,ORDINANCE TO BE KNOWN AS THE COLLIER COUNTY LAW ENFORCEMENT SERVICESi.SI~JTEM IMPACT FEB ORDINANCE - DENIED " ~Legal"notlce having been published In the Naples Daily News on November 27, 1992, as evidenced by Affidavit of Publication flled with the Clerk, public hearing was opened. Jane Fitzpatrick with Henderson, Young and Company, briefly com- mented on concerns expressed by the Board of County Commissioners at the first public hearing. She recalled the issues on that evening Included what flexibility the Board has to change the fees for some of the categories within the fee schedule. She advised her firm cannot comervp ~lth a rational basis for changing any of those fees, however, It la the Board's option to adopt them as they appear or to make amendments or discounts to the fee schedules. o. Com~ieeioner Constantine returned to the meeting at this time. oe Commissioner Volpe recalled a concern raised by Commissioner Saunders regarding the impact fee being charged for office buildings. Ms. Fitzpatrick stated the only process that she would recommend for ~owering that fee would be through a discount. She reiterated ~ere'~S no'rational basis for any other type of change for any of the f~e rates. She commented the ordinance provides an option to a deve- loper who feels their impact is less than what is in the rate sche- dule, to present their methodology t° the County Manager for review and consideration. In response to Commissioner Norris,.Ms. Fitzpatrick reported real- Page 10 December 16, 1992 dent/a/ multi-family development has no impact fee, but they do have an impact; however, the credit which has been calculated for them based on the tax value for that group of dwelling units, exceeds their cost. The following people spoke regarding this item: Bill Neron Whit Ward Commissioner Saunders communicated that he has been an advocate of impact fees, however, he now believes that enough is enough. He agreed with Commiss~oner Constantine that p/acing so much of a burden on proper~ owners has discouraged development. .... C6~m~ioner'V01pe indicated h~e support for the law enforcement impact fee because law enforcement is an essential service. Commissioner Constantine added he has not yet seen a crystal clear reason for this ~mpact fee. He stated the Board must beg~n looking for ways to reduce costs as opposed to raising more revenue. CommiSsioner Norris advised he supports impact fees in princ~ple, and would support this impact fee ~f ~t is mod~fied. Commissioner Matthews concurred with Commissioners Constantine and Saunders in not supporting this impact fee. especially the fee pro- posed for commercial buildings. Commissioner Saundere moved, seconded by Commissioner Constantine ~nd carried tman~moualy, to close the pub/kc hearing. Commissioner Saundere moved, seconded b~ Commissioner Constantine and carried 4/1 (Commissioner Volpe opposed] to deny the proposed ordinance to establish a Law Enforcement Services System Impact Fee. Page December 16, 1992 There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 9:50 BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ..'- ..- 0 . <..,... ATT-EST: o,' - · ,T ~* ,, · ' appr~ed. ,t )~-:...-: ..t by the Board on . as pre~ented ~ ~~or as corrected CHAIRMAN Page 12