Loading...
BCC Minutes 08/29/1991 W Naples, Florida, August 29, 199! :i~ LET IT BE REMEMBERKD, that the Board of County Commissioners in :~:and for the County of Collier, and also acting as the Board of Zoning ~ppeals and as the governing board(s) of such special districts as ~?.~"]~ve been created according to law and having conducted business herein, met on this date at 1:00 P.M. in JOINT WORKSHOP SESSION in ]]~ Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: VICE-CHAIRMAN: (ABSENT) (ABSENT) Patricia Anne Goodnight Michael J. Volpe Richard S. Shanahah Max A. Hasse, Jr. Burr L. Saunders LEE COUNTY COMMISSIONERS: Doug St. Cerny Ray Judah John Manning ALSO PRESENT: Wanda Arri~hi, Deputy Clerk; Nell Dorri11, County Jennifer Pike, Assistant to the County Manager; Tom Olliff, Assistant to the County Manager; Marjorie Student, Assistant County · Attorney; Ramits Manalich, Assistant County Attorney; Ken Cuyler, County Attorney; George Archibal~, Transportation Services Administrator; Frank Brutt, Community Development Services ~? Administrator; William Lorenz, Environmental Services Administrator; Jeff Perry, Transportation Planner; Diane Holling, Planner; Stan j~LAtsin~r, Growth Management Director; Peter Comeau, Storm Water !~i~t~lAty Manager~ Robert Gray, Lee County Acting County Administrator; Jim Lavender, Lee County Community Services Division Director; T~mothy Jones Lee County Assistant County Attorney; Anne Dalton, Lee y Assistant County Attorney; Bill Spikowski, Lee County :iAttorney's Office; Scott Gilbertson, Lee County. .\ Page August 29, 1991 Legal notice having been published in the Naples Daily News on August 25, 1991, as evidenced by Affidavit of Publication filed with the Clerk, a Joint public workshop meeting was held to discuss various Lea and Collier County issues. Commissioner Goodnight noted that Item #3C will be heard tmme- ~i~taly following Item #3A. DZ~'O~lOI~ OF DRAFT INTERLOCAL AGRK~ BETWEEN LEE AND COLLIER ~' COI~ITT~!~OAIIDINO TI~ D~LOPM~NT OF MUTUAL CO~qPRHHENSIV~ PLAN ; ~ PHO~RAMS WITHIN BOUNDARY ARKA~ OF LEE AND COLLIER COUNTI~8 Mr. Tim Jones, Assistant County Attorney for Lee County, reported that the proposed Interlocal Agreement is for consideration of appro- val in concept by the Joint Board. He added that the agreement is in regards to mutual Gomprehenstve Plan Concurrency Programs with the ultimate goal of having a method of Concurrency Management which would De coordinated within both Lee and Collier Counties. He pointed out that because coilcurrency in the two Counties is handle differently, Lee and Collier Counties' staffs have concluded that It will be necessary to work together further before they can Implement a program 'of ~oint concurrency management as intended. He advised the proposed agreement gives both staffs the direction to work toward this goal. Commissioner Volpe questioned if the agreement attempts to i,.idistinguIsh between DRIs ~nvolvln~ the MPO and those of a local ~mture? Mr. Jones responded that the agreement does not make any ~:~'.: d~stinc~on, ~d added tha~ staff will review all development. In ~er to 0o~sstoner Volpe's question, Mr. Jones stated that a me~ln~ful agreement can be achieved with modifications to the [J;~',~thodolo~es of both Lee and Collier Counties. Mr. Jones concurred the a~reelaent will be subject to amendments In the future. In response ~o Co~iss~oner Judah, B~11 Spikowski, Lee County Attorn~'s Office, co,anted that the agreement is planned to achieve ' the s~e conclusion locally as DRI's do with the state. Jeff Per~, Growth Planning Department, informed that the Collier Page 2 August 29, 1991 staff has some concerns regarding the proposed agreement because it does not address the problem of timing for concurrency on certain roads which relates back to the differences in Lee and Collier Counties' policies and procedures. He stated, for example, Bonita Beach Road is currently at an unacceptable level of service and under the proposed agreement if it is found by both counties that funding is next year to Increase the level of service, the only 'choice Collier County has is to impose a building moratorium; however, ~ '- Lee County because of its negotiations with DCA has another eight or nine years to increase it. He pointed out that the difficulty with the agreement is that Lee County has ten years of flexibility regarding concurrency that Collier County does not have. Mr. Jones informed that Lee County will use all good faith efforts to resolve the problem of concurrency between Lee and Collier Counties before Collier County is forced to use a building moratorium. Com~tiesioner Manning suggested the development of mutual MSTU's and the sharing of impact fee funds between Lee and Collier Counties for certain interconnecting roadways. He added that this ks something that could be worked out over time. It was the consensus of the Board to direct staff from Lee and ":,Collier Counties to continue to work together to provide an Interlocal ~Agreement between Lee County and Collier County regarding the develop- ment of mutual Comprehensive Plan Concurrency Programs within boundary areas of Collier and Lee County, to be brought back for review before the respective County Commissioners. Commissioner Volpe questioned whether Collier Count¥'s staff is becoming acquainted with Lee County'e proportionate share methodology? Mr. Jones indicated that Lee County is sharing their ideas with Collier County staff In order to provide alternate financing methods. Mr. Jones informed that this method was upheld by a Hearing Officer ~!~when Lee County was challenged by Westinghouse regarding a DRI, and is now recogulzed as an acceptable method for evaluating the propor- tionate share of mitigating Impacts for large developments. He added August R9, 1991 there Is no rational reason why it would not apply to smaller ~ST0~M WA%'J:R Mdd'6~EMKIFF ST&T~S REPORT Sto~ater Utility Manager Comeau stated that the following items have been accomplished as outllaed under Collier County's Growth M~agement Plan: completed the lnventory and mapping of all existing 8tor~ater ut~llt~ee; determlned the extstlng level of servlces and lmprovements needed for major structures and channels segments; estt- ~ted the costs for ldentlfled remedial faclllty needs; detailed the basin study whlch provides a priority schedule for the next eight to ten years; ~d the ftnanclal consultant has recommended the develop- ment of a stor~ater utility 8ervlce charge billing system In order to ~rovtde ~ adenate and stable fundlng source for the County ts Stor~ater Program. He ~eported that the englneerlng study Identified 253 pro~ect8 to co~ence over the next twenty years with an aggregate =set of $55 million to $80 mllllon. He noted that the existing storm- water ~nagement budget is between $1.9 m~llton and $2.1 million, and the mao~er plan Identifies that funding levels should be at $4.8 mlllton approxlmately. He pointed out that on Au~st 27, 1990 the Board of Co~t~ Co~tss~onere adopted a Stormwater Master Plan and in March, 1991, they adopted a Stormwater Utility Ordinance. He indi- cated that the objective of the flrst phase is to develop a rate or 8erles of rates for a Stormwater Utility Program that properly reflect the costs assoclated with the admlnlstratton, operation, maintenance ~d capital conet~ctlon programs of Collier County Water Management Department. He contlnued that the second phase will involve deve- loplng a Mao~er Account Flle. [Is advised that the Stormwater Utlllty Rate Study ~8 on schedule and is now scheduled to be completed ~n Feb~, 1992. He cohented that one of the key components of the pro~ect t~ the ~bltc Informatlon Program which ls planning to pro- vlde on a monthly basls issue papers for the Board of County Co~o8loneFoe dt~ectlon in order to achieve the goal of providing to ~a~e 4 August 29, 1991 p~blto a easple billing In the Spring of 1992. Lee County Commissioner Judah acknowledged that this will provide :.i.a dedicated funding source to better manage water supply and control stormwater run-off in Collier County. He confirmed that Lee County recently approved their stormwater utility rate which has been received with mixed feelings by the citizens of the County; however, !~' overall it was r~cognized as necessary. Lee County Commissioner St. Cerny commented that after the public waa provided with more Information on the subject the opposition dimt- Mr. Gemeau reiterated that the citizens of the County will be infor~ed and educated on stormwater management before any further development takes place. He Informed that a comprehensive survey on ator~water ~anagement will be taken of 3,000 people in Collier County in developing the public information program. After some discussion between Commissioner Volpe, Lee County Commissioner Judah, and Rollin Notaltni (spelled phonetically), Lee County Director of Division Water Resources, it was noted that Lee County's stormwater management program is proceeding with the objec- tive of a county-wide benefit. Mr. Notaltnl reported that Lee County is working with the City of Ft. Myers on water management and will be preparing an inter/coal agreement. He noted that Ft. Myers will be doing their own rate study. County Manager Derrill asked if Lee County is participating in the Florida Association of Counties Group Application, to which Mr. Notaltni affirmed they are. Mr. Perry, Growth Planning Transportation Planner and coordinator for the Metropolitan Planning Organization (MPO), presented an update on the current status of the Naples Area Transportation Study. He noted that the Naples urban area model has been expanded to include the Bonita Springs area in order to provide more accurate results for Page 5 :r&naport&tton planning. He advised that there Is a bikepath program ~'~plarmed which will be a County coordinated effort Involving the Lee NPO, the Counties' Department of Planning, Lee County DOT&E, Florida Department of Transportation, and the counter offices In Collier and City of Naples. He reported that the State of Florida has provided consulting funds, and Collier County plans to have the basic Lodeling effort completed by the end of 1991 with the modeling for the year 2010 across the county line completed in January of 1992. Scott Gilbertson, Lee County Department of Transportation Rngineering, informed that Lee County has developed a build-out study; '.however, it has not been finalized. He remarked that this study will be used to identify which direction they should be moving in regards to future land use changes, etc. Commissioner Volpe suggested that Collier County also develop a build-out study. Mr. Perry informed that the funding for this study has been delayed, and explained that the 2010 long-range modeling plan ~ is a Federally mandated document that Collier County~s MPO has to ~ comply with first. , Mr. George Crawford, Director of DOT&E, cautioned that although a build-out study is a good ~utde for the county, it is not advisable to lock in on this plan. He emphasized to use it as a guide for ~: ' transportation needs in the immediate future. He pointed out that '.future transportation needs may require alternative methods other than roadways. Mr. Perry assured that a build-out study will be a project to be ~ndertaken as soon as possible. Commissioner Shanahan commented that the Counties need to be :thtr~ing in the manner of an eventual mass transit system between Lee and Collier Counties. Mr. Crawford added that Charlotte County should also be included as part of this system. Mr. Crawford noted that a contract for the design of Bonita Beach .Road will be brought before the Lee County Commissioners the week of 'i September 2, 1991. Page 6 August 29, ~99! ~e Dalton, Lee Co~ty Assistant County Attorney, stated tha~ the $ntent of the proposed contract for the development of Barefoot and ~n$~a Beach ~s to provide flexib~ltty on both parts and provide for coordination in the areas where it is physically necessary. She informed t~t the coordination aspect is explained in Section 5, spe- cif~cal~y, the parking lot, the beach access walkways, the l~dscaptng, ~d the restroom hookup on the Lee County side into the Collier Co~ty sewer system. She related that other than the said specifics, the contract provides enough flexibility for each County to prepare their o~ development plan, permits, professional services, ~d consk~ction. She noted that Section ~o sets forth that Lee Gouty w~ll make improvements to include the parking lot, picnic areas, playgro~de, restrooms, changing areas, beach accesses, walk- ..ways, landscapinu, Irrigation systems, sewer connections, maintenance '~ ~d supe~ieion, he/ping to pa~ improvement costs, and ancillary sup- ~rt fac~lltiee; Collier County improvements will include a dune crossover, landscaping, p~cnic shelters on the beach, water management improvements with respect to the parking lot and a parking walkway. She advised that Collier County has requested that the utility 'e~ent for hoo~p of the sewer into the Collier County system be ~ ~nterim agreement ~til such time as ~t can be extended to the Bonita Beach water system. She pointed out that in Section Six there ~e ~ ~tem which requires that a portion of the Bonita Beach right-of- ~y which ~e not being utilized be vacated with the provision that at ~ch t~me as the vacation occurs Collier County will give up r~ghtm to th~e roadway. She informed that this is a housekeeping ~tter because the roadway is not currently being used and under ~rFent env~ro~ental re~latione it will not be used. She asserted that the proposed agreement is presented today for approval in concept and direction only and a formal contract will be brought back before Page ? Au~ust 29, 1991 Boards in the future for final approval and signature. Assistant County Attorney Manaltch Informed that Collier County currently holds an easement granted to them by Lely Development Corporation froze which the County gains access to the Collier County parking lot and plans by Coastal Engineering will provide for a new access point from Lee County which will interconnect to Collier ~"'County. He pointed out that this new access will cause Collier County it° forfeit its easement. In response to Commissioner Volpe0 Mr. Jim Lavender, Lee County Community Services, indicated on a display map the locations of the easement and the proposed new access. Mr. Lavender explained that the reason for the new access is a result of DOT'e concern with the access on the curve. Ms. Dalton clarified that the vacation of the right-of-way referred to in Section Six is a separate issue from the Lely easement discussed by Mr. Manalich. Mr. Manalich affirmed that the vacation of right-of-way mentioned by Ms. Dalton is in the best interest of ter County. He added that his only request would be to modify the language in Section Six where it refers to this vacation by including a reference to Chapter 336 of the Florida Statutes and a statement indicating that when Collier County receives from Lee County a resolu- · tion approving the vacation, then Collier County will convey by statu- :o~ deed all rights and interests for said vacation. Ms. Dalton agreed to this added language. Mr. Manaltch suggested that Section Five be modified to read, "... connect into the Collier County sewer system on an Interim basis; ..." He noted that there will be the issues of a connection fee and whether there will be a monthly billing for the shared use. Ms. Dalton commented that she agreed with the added language of, =on an interim basis," with the understanding that the connection will ;.~ ..continue until ~uch time it can be connected to Lee County. County Manager Dorrtll informed that he has requested that staff .?.i~eview the current Lely easement which is currently being used for access from Collier County. Page 8 ~.~t;~ August 29, 199! ~:i' Commissioner Volpe emphasized that it is essential to have access !i~ from Collier County as well as Lee County into the park. Transportation Services Administrator Archibald stated that from a transportation standpoint it is very important that both Lee and ..Collier Counties maintain their access to Lely Barefoot Beach ii:~11Bo~levard because of the future four-lanlng of Bonita Beach Road and the medium opening at this intersection. Ms. Dalton requested that the issue of the sewer fees be addressed '~..~.ln order to move forward with that project. County Manager Dotrill recommended that the fees be reviewed and .prepared and submitted as part of the final agreement. Mr. Manalich cited that the Parks and Recreation Department has raised the issue that a Operations and Maintenance Manual has not yet been prepared. Mr. Lavender noted that the Agreement provides for Lee and Collier Counties' Park Directors to work together in maintaining ·nd operating the park. Mr. Manalich informed that another issued to be addressed is the ~atter of whether a fee will be charged to enter the park from either County. Mr. Lavender commented that if fees are charged in the future they will be consistent between the two Counties. Mr. Manalich requested that the issue of the budget amount for ~ Collier County be addressed more specifically. Chris Dane, Coastal .~.'.Kngineering, explained that since it is not clear as to what exactly wll! be necessax~¥ to build, it is difficult to provide an exact budget ~ fibre; however, the best estimate at this time is approximately i:.., '$85,000. In response to Commissioner Volpe, Ms. Dalton explained that Four and Seven specifica~ly addresses coordination of efforts .~ both Counties regarding operation and maintenance and associated ~attere. :":' Marge Ward, President of Citizens Association of Bonita Beach, ... questioned if Lee County is providing restroom facilities, would it not be fair for Collier County to provide for the sewer and their Page 9 AUffUSt 29, 1991 i~oate? She also informed that if a traffic signal Is Installed at Boulevard, Lely Development will be paying for it according to Co,~isstoner Volpe co~u~ented that the sewer fee issue is being looked into. ~a~ The consensus of the Board was to accept the Interlocal Agreement ~and direct staff to proceed for final approval by the individual ~Boards of County Commissioners. ~;:'~' Comissioner Goodnight related that Collier County has been experiencing problems with State certified contractors, and it has .been identified as a problem which has crossed the County line. Compliance Services Manager Boyce provided to the Board members i,' an issue paper on proposed changes to the operational procedures used in contractor licensing and contractor licensing investigations. He requested that this be reviewed with the objective of eliminating the fraud taking place by State certified contractors. He suggested that as well as Lee and Collier County Joining together to stop this fraud, ~,, they could unify and address the issue in Tallahassee to change State -legislation to provide local Contractors Licensing Boards the same : authority the State holds. He requested that Lee and Collier Counties Board of County Commissioners instruct their respective staffs to a Joint operational strategy to take to Tallahassee. Comiasloner Goodnight conairred and requested that the Lee County Board of County Commissioners r~view the Issue paper and direct their staff to work with Collier Coun~y's staff to resolve this Issue. !.A~I~a~ ~ ~l~ CO~PA~/, INC. Co~lssIoner Goodnight stated that Chief Bouse of the American Indian Recycling Company, Inc. has requested that he provide this ~':-Board with recycling Information. ?' Chief Clyde V. Bouse informed that his proposal is to build a :.recycling system in Immokalee which would benefit Lee County, Hendry Page 10 August 29, 1991 and Collier County which would take grass, shrubbery, trees, p&per and recycle it into fire logs, pellets, or barbecue chips. pointed out that this system would extend the life of the land- '"f~lls. He provided to the Board his brochures (not provided for the ,. Coa~lasloner Volpe suggested that Lee and Collier Counties Jointly ':!'review efforts to provide affordable housing. Lee County Commissioner Judah requested that Collier County holds firm in providing the $20,000 for matching moneys with th. South ;Florida Water Management District for making CREW a separate entity. iConissioner Goodnight affirmed that the $20,000 is provided for in Collier County budget. There being no further business for the Good of the County, the ~meeting was adjourned by Order of the Chair - Time: 3:00 P.M. BOARD OF COUNTy CO~ISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL P~TRICIA ANNIE GOODNIGHT, ~AIRMAN presente~;{.'/~-'~' or as corrected Page 11