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BCC Minutes 12/02/1992 S~.~ Naples, Florida, December 2 1992 "~ ' 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 i~."~ here~n, met on this date at 5:05 P.M. in SPECIAL SESSION in Building ''Ir' '.'"F" of the Government Complex, East Naples, Florida, with the i~~'~ , following members present: CHAIRMAN: Michael J. Volpe VICE-CHAIRMAN: Burr L. Saunders John C. Norris Timothy J. Constantine Bettye J. Matthews ALSO PRESENT: Kathy Meyers and Annette Guevtn, Deputy Clerks; Ken Cuyler, County Attorney; Richard Yovanovich, Assistant County Attorney; George Archibald, Transportation Services Administrator; Frank Brutt, Community Development Services Administrator; Tom Olliff, Pt~blic Services Administrator; Greg Mthalic, Affordable Housing Director; Crystal Kinzel and Byron Tomlinson, Sheriff's Department. Page December 2, 1992 Tape #1 67) :: Item ~::: ~."'COLLIER COUNTY LAW ENFORCEMENT SERVICES SYSTEM TMPACT FEE ORDTNANCE i~. · SECOND PUBLIC HEARING TO BE HELD DECEMBER 16, 1992 AT 5:05 P.M. Legal notice having been published in the Naples Daily News on November 24, 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Richard Yovanovich, Assistant County Attorney, reported that the Law Enforcement Services Impact Fee Study contained within the Executive Summary was prepared in the same format as the already existing I~,pact Fee Ordinances. · Jane Fitzpatrick with Henderson, Young and Company, reviewed that ::. on Ma~ 13, 2992 a workshop was conducted relating to a manpower analy- sis study for an impact fee, to establish a level of service standard. She noted that a vote resulted in a dec/sion to continue with the current level of service standard for patrol and criminal invest/ga- tions, and the Study reflects the current /eve/ of service standard for the Sheriff's Office for Fiscal Year 1992. Mrs. Fitzpatrick reviewed that the Planning Commission reviewed the Ordinance on October 15, 1992 and voted to recommend approval. Mrs. Fitzpatrick described the three sets of rules which pertain .'.-to impact fees within the State of'F/or/da as follows: a) Fair Share Rules - establishes who pays and the amount they will pay; b} 'Nexus of Benefit Rules - establishes where and how the fees ' can be used and formulates a reasonable connection between the need for public factlities.~nd growth from the fee paying development; Rules pertaining to Credits - allows the feepayer to have the fee reduced to reflect two 'types of credits - contribution of lands or appropriate facilities and future payment of taxes to pay for the growth-related facilities. Mrs. Fitzpatrick discussed the level of service used within the Study which ts based upon a manpower analysis study found tn Appendix 'A' of the Study and is a continuation of the current level of ser- vice. Page 2 December 2, 1992 Mrs. Fitzpatrick reported that fo~ Pat~ol the 1eve/ oE service ts baeed o~ a 28~ availability facto~ ~o~ p~o-acttve la~ meaning that for an active response for calls per service, 28~ of their on duty time they are available for crime prevention patrols and to respond to calls for service. Mrs. Fitzpatrick reported that for Criminal Investigations, the level of service equates to 98 Part One Crimes per detective per year. Crystal Kinzel, Finance Director for the Sheriff's Department, recalled that when the impact fee was origlnally proposed, the general acceptable service for City Police and for State Highway Patrol was as high as 75% with $0~ being an average, and due to the recessionary economy many law enforcement agencies realize that §0% could be unrealistic, leading to a determination that the community would be well served at the current level of service which is 28~. Assistant County Attorney Yovanovlch distributed pages 50 and 52 which were missing from the Executive Summary. Mrs. Fitzpatrick highlighted the methodology for calculating the proposed impact fees. She specified that the impact fees are to be charged to all private development - residehtial and nonresidential, ~nd will include unincorporated Collier County and Everglades City. Sh~ specified that the City of Naples ts not ~ncluded because they · have .their own law enforcement agency. Commissioner Saunders questioned the data on Table #4, page ~6, w~h ~egprd to dwelling unit or square footage, noting that the fee fox' 1,000 sq,/are feet .of office is about 40 times the fee for single . fami/.y. He deemed that the fee Should ~'ot be that high for that par- · tlcular category. Mrs. Fitzpatrick explained that the fee is based on a random sample. Mrs. Fitzpatrick reviewed credit calculations included in the Study, explaining that they are based on land use contributions to other revenues that the County currently uses to fund the impact fee related capital Improvements. She pointed out that credit calcula- tlons are included in the Study on pages 28 through 40, which is a 05 Page 3 December 2, 1992 rather lengthy section describing them and how they are determined. noted that credit exceeds cost for multi-family development and therefore there is no net chargeable impact fee for multi-family because they are already paying their fair share through other revenue contributions. Mrs. Fitzpatrick referred to Table 28, noting that because · Everglades City is an incorporated area and they do not contribute to ' the M.S.T.U. General Fund, their credit is less. Mrs. Fitzpatrick Indicated that the multi-family category includes · ' ,. every residential structure except single family detached homes and mobile homes, and therefore Includes apartments, duplexes and high- rise condominiums. Commissioner Saunders discussed that within the Zoning Code, duplexes are not considered multi-family. Mrs. Fitzpatrick related that they should still be assessed as multi-family since that Ia What the Study is based on and what the cost per land ,-.,use is determined by. ~ Commissioner Norris expressed concern about the fee for commercial ,i~i!I~' office space versus bar and lounge space. Regarding Section 3.05 with respect to exemption, waiver or deferral of impact fees for Affordable Housing, Assistant County Attorney Yovanovtch stipulated that thts Section is the same as the proPosed amendments to the current'Impact Fee Ordinances, affording three options for Impact fees for Affordable Housing: A straight exemption from the Impact fee If the project is 'being built with state, federal or local grants and meets the Affordable Ho~stng guidelines; A reimbursement if the propert~ d~es not receive state, federal or local grants, and meets Affordable Housing guide- lines, which allows the property to pay the Impact fee and if it complies with the Affordable Housing guidelines and provi- des documentation to this effect, can apply for the reimbur- sement; A deferral of impact fees for those properties qualifying under the Affordable Housing guidelines, allowing the pro- perty to delay the payment of the impact fee when the building permit is pulled, and over the next seven years to provide documentation to prove that they comply with the Affordable Housing guidelines. Mr. Yovanovich recognized that at the end of the seven year period a satisfaction would be recorded in the Public Records so that the com- 000- 06 Page 4 · ? December 2, 1992 mltment would no longer be attached to the property. Greg Mthaltc, Affordable Housing Director, stated that the deferral option allows funds to be recouped at a later date. The following people spoke to this item: , Whit Ward Fred Tarrant ~': Charles C. Smith At this. time, Commissioner Volpe announced that the public hearings for all the Ordinances, appearing on the Agenda as Item #3A through Item #3F, would be open at this time and heard in conjunction with Item #3G. The following people spoke to this Item: ~ Fred.'N., Thomas, Jr. Howard Alien, Sr. ?:~*"~ "Brian Weber, Chairman of the Affordable Housing Commission, com- mented that the Affordable Housing Commission recommends that no distinction be made as to whether a government housing subsidy is received or not and that this distinction be eliminated. Commissioner Saunders expressed that when the final hearing ts conducted, some / ' language should be included to eliminate that distinction, as long as *low income housing needs are being targeted. The following people spoke to this Item: ~everl¥ Kirkland Ktm Cowart Starlen Kalinski .Pat Pllcher iRecessed at 6:55 .P.M. - Reconvened at 7:15 P.M.* Jane Varner Mr. Mthalic reviewed Appendix 'A'. He specified that the median i,C',i ,income for a family of four tn Collier County is $41,900 and for one person is $29,300. : Commissioner Norris stated that median income tn Collier County is artificially high due tO the many high income recipients. Mr. Mihaltc agreed and reviewed that within the Housing Element of the Comprehensive Plan it states that assistance will be given to up to Page 5 · ' 120X of the established median income. December 2, 1992 : Commissioner Volpe questioned if the Board could find a basis to '~tablish a minimum residency requirement. County Attorney Cuyler advised that he would research this and provide the Board with a memo. He further advised the Board that they need to keep in mind that the Comprehensive' Plan is inconsistent with Appendix 'A'. / Commissioner Volpe requested that Staff provide statistical infor- ..' marion of the number of families that are at 60X and 50% median income ':'.';. levels. Mr. Mihaltc accepted that direction. ' The following people spoke to this Item: Frances Barsh Robert Sommer Capt. Walter Strong .v;%,'. John Mincieli · Arthur Charbonneau ~;' </ Gerald Silber /'" ' Brad Estes +~!i';~i. ' Chip O/son Wendel Hall -~'..i'":/' Oliver Bardes .=~iZ;.?.~!{ DeputwFClerk Guevin replaced Deputy Clerk Meyers at this time Assistant County Attorney Richard Yovanovich pointed out that one of the amendments to the Road Impact Fee Ordinance includes the exemp- tion for Section 501(C)(3) County-wide medical facilities, per Board of. County Commissioners' direction He also noted Staff has asked the County Attorney's Office to look into including an exemption in the I. same ordinance for government buildings. .-. In response to Commissioner Volpe, County Attorney Cuyler com- mun~cate~ if the Board chooses to set an effective date other than the date of adoption of t~e ordinances, that decision must be made at the "Secohd public hearing. .... Com~isstoner Saunders moved, seconded by Commissioner Norris and carried unanimously, to close the public hearing. Commissioner Matthews suggested affordable housing exemptions be limited to first time home buyers. She also asked for more infor- mation on the criteria for Judging who will receive exemptions, She offered the opinion that more applications will be received than the Page 6 December 2, 1992 "' ' county has money available and asked if this issue will be dealt with ';: .on a first come, first served basis? :' Commissioner Saunders indicated his concern with the $2 100 law enrac'cement impact fee being proposed per 1,000 square feet of office · apace. He asked that Staff look into whether an impact fee may be imposed that'is less than the maximum amount, and report back on what flexibility the Board has tn that regard. He also commented that the Comprehensive Plan states with regard to affordable housing, that an Incentive be given up to 120~ of the median income~ He asked if the [,.!i Co%lnt¥ ts committed to that amount? County Attorney Cuyler ~esponded that his office will make that analysis prior to the final public hearing. Referring to Appendix A, Commissioner Norris suggested the Board consider rep/acing the word "shall" with "may" to provide more flexibility and discretion tn granting waivers. Commissioner Constantine indicated his belief that more infor- mation in the form of a needs assessment is important in order to understand the fiscal impact of the waivers. ':"~ii.i ' ' Commissioner Saunders asked if the Board is allowed to set a dollar amount in the budget each year and when those monies are exhaBsted, no further waivers will'be given for that particular year? County Attorney Cuyler responded in the affirmative, adding that la'gl/age, needs to be written into the ordinance. · Commissioner Norris also proposed that two separate accounts be :i~ set ~p for affordable housing funds, on~ f~r developers of affordable housing and the other for single-family owner occupied units, tn order to insure that all available funds are not used early on for large ..' developments. · ~: Frank Brutt, ~ommunity Development Services Administrator, agreed to bring back language at the final hearing to address that concern. '. Commissioner Volpe noted the second public hearing on this item ~ will be held on December 16, 1992, at 5:05 P.M. Page 7 Oecember 2, 1992 .~:' ~ AN ORDINANCE AMENDING ORDINANCE 90-87, AS AMENDED, THE COLLIER COUNTY '. REGIONAL SEWER SYSTEM IMPACT FEE ORDINANCE BY AMENDING SECTION 3.04 ENTITLED AFFORDABLE ROUSING - SECOND PUBLIC REARING TO BE HELD ON i' DECEMBER 16, 1992 Legal notice having been published in the Naples Daily News on November 24, '1992, as evidenced by Affidavit of Publication fi/ed with the Clerk, public hearing was opened. This item was heard in con]unction.with Item #3G. Commissioner Saunders moved, seconded by Commi~sioner Norris and carried ttnanimously, to close the public hearing. Commissioner Volpe noted the second public hearing on this item will be held on December 16, 1992, at 5:05 P.M. 'Item ,3B ''AN ORDINANCE AMENDING ORDINANCE 90-86, AS AMENDED, THE COLLIER COUNTY REGIONAL WATER SYSTEM IMPACT FEE ORDINANCE, BY AMENDING SECTION 3.04 ENTITLED AFFORDABLE ROUSING - SECOND PUBLIC HEARING TO BE RELD ON DECEMBER 16, 1992 Legal notice having been published in the Naples Daily News on November 24, 1992, as evidenced by Affidavit of Publication fi/ed with the Clerk, public hearing was opened. This item was heard in conjunction with Item #3G. ~'"'~'?'-' Co~m/esioner Saunders moved, seconded by CommAssioner Norris and carried unanimously, to close the public hearing. Commissioner Volpe noted the second public hearing on this item be held on December 16, 1992, at 5:05 P.M. Item #3C · AN ORDINANCE AMENDING COLLIER COUNTY 0R~INkNCE 88-97, AS AMENDED BY ORDINANCE 91-11, THE LIBRARY SYSTEM IMPACT FEE ORDINANCE, PROVIDING FOR MODIFICATIONS RELATING TO USE OF MONIES AND TO AFFORDABLE HOUSING ~ SECOND PUBLIC HEARING TO BE HELD ON DECEMBER 16, 1992 Legal notice having been published in the Naples Daily News on November 24, 1992', as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. This item was heard in conjunction w~th Item #3G. - Commissioner Saunders moved, seconded by Commissioner Norris and 000- 10 Page 8 December 2, 1992 '-cm~'~led ma~nlmousl¥, to clo~ th~ pabll~ h~a~tn~. ~-' .~- ~o~t~ton~r Volpe noted tho ~econd publt~ heartn~ on thts item will be held on December 16, 1992, at 5:05 P.M. Item #3D AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE 88-96, AS AMENDED BY ORDINANCE 91-39 AND ORDINANCE 92-29, THE COLLIER COUNTY PARKS AND RECREATIONAL FACILITIES IMPACT FEE ORDINANCE, PROVIDING FOR MODIFICATIONS RELATING TO AFFORDABLE HOUSING - SECOND PUBLIC HEARING TO BE KELD ON DECEMBER ~6, ~992 Legal notice having been published in the Naples Daily News on November 24, 1992, as evidenced by Affidavit of Publication fi/ed with the Clerk, public hearing was opened. This item was heard in con]unction with Item #3G. Com~isa~onsr Saunders moved, seconded by Commissioner Norris and cm~r~ed unanimously, to close the public hearing. Commissioner Volpe noted the second public hearing on this item will be held on December 16, 1992, at 5:05 P.M. Item AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE 91-71. AS AMENDED BY ORDINANCE 92-30, THE COLLIER COUNTY EMERGENCY MEDICAL SERVICES SYSTEM IMPACT FEE ORDINANCE, PROVIDING FOR MODIFICATIONS RELATING TO USE OF MONIES AND TO AFFORDABLE HOUSING -·SECOND PUBLIC HEARING TO BE HELD ON DECEMBER 16, 1992 Legal notice having been published in the Naples Daily News on November-24, 1992, as evidenced by Affidavit of Pub//catton fi/ed with the Clerk, public hearing was opened. This.item was heard in con~unction with Item #3G. Co~miesioner Saunders moved, seconded by Commissioner Norris and' carried unanimously, to close the publi~ hearing. Commissioner Volpe noted the second public hearlng on this item ~tll be held on December 16, 1992, at 5:05 P.M. Item ,3F AN ORDINANCE AMENbINO ORDINANCE 92-22, AS AMENDED BY ORDINANCE 92-5?, THE COLLIER COUNTY ROAD IMPACT FEE ORDINANCE PROVIDING FOR MODIFICATION OF PROVISIONS RELATING TO USE OF MONIES; AMENDING SECTION 3.01, EXEMPTIONS; AND PROVIDING FOR MODIFICATION OF PROVISIONS RELATING TO AFFORDABLE HOUSING - SECOND PUBLIC HEARING TO BE HELD ON DECEMBER 16, 1992 Legal notice having been published In the Naples Dally News on November 24, 1992, as evidenced by Affidavit of Publication filed with if, .~'; December 2, 1992 ','[the Clerk, public hearing was opened. This item was heard in conjunction with Item #3G. Contssioner Saunders moved, seconded by Commissioner Norris and '~:'- carried unanimously, to close the public hearing. Commissioner Volpe noted the second public hearing on this item ~.;i~' will be held on December 16, 1992, at 5:05 P.M. '::'":i',' There'being no further bustnees for the Good of the County, the :';: 'meeting was adjourned by Order of the Chair - Time: 8:30 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL MICH~E~ J.-VOLPE, )roved by the Board on ~ or as corrected Page 10