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BCC Minutes 04/24/1991 WNaples, Florida, April 24, 1991 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 th~s date at g:00 A.M. with the City of Naples in JOINT ~O]~SHOP S~$SION in Building "F" of the Government Oomplex, East Naples, Florida, with the following members present: COLLIER COUNTY COMMISSIONERS: CHAIRMAN: VICE-CHAIRMAN: Patricia Anne Goodnight Michael J. Volpe Richard S. Shanahan Max A. Hasse, 3r. Burr L. Saunders CITY OF NAPLES MAYOR: Ktm Anderson ~:ii~..>!~ COUNCILMEN: R. Joseph Herms John Passidomo .'k, ~ Fred Sullivan Paul Muenzer ,..;..~.. Alan Korst ~i,: Bill Barnett (Absent) ALSO PRESENT: Ellie Hoffman, Deputy Clerk; Neil Dotrill, County Mangger; Tom Olliff, Assistant to the County Manager; Ken Cuyler, Oounty Attorney; Frank Brutt, Community Development Services Adm~nistrator; John Boldt, Water Management Director; Mike Arnold, Ut~lities Administrator; Russell Shreeve, HUI Director; Jeff Perry, Chief Transportation Planner; Diane Holltng, Planner; Rand-Scott Coggan, Acting City Manager; Norris IJams; Dave Rynders, City ~i'~ Attorney· Missy McKim, Community Development Director (City); and John Kohl, C~ty of Naples Planner. O1 Page · Legal notice having been published in the Naples Daily News on April 21, 1991, as evidenced by Affidavit of Publication filed with the Clerk, a Joint workshop of the City and County was held to conduct the City of Naples and Collier County. c.'::: plSCU~ION K~ C!TY/C°UNTY COOPERATIVE AFFORDABLE HOUSINa AaR~EMENT City of Naples Community Development Director McKlm reported that the purpose of this item is to discuss the draft of the Affordable Housing Interlocal Agreement between the City and the County. She indicated that information has been combined from the Affordable Housing Ordinances of both the City and the County. Mrs. McKim expressed that staff from both entities are attempting to encourage the passage of legislation which will improve the funding mechanisms locally to assist the developers of affordable housing. She noted that the City is looking for cooperation from the County which would allow a provision in the Comprehensive Plan to take credit for affordable housing that is built within a two mile radius of the City limits. She explained that the reason for this is that the City .is limited in undeveloped property which is suitable for affordable housing. In addition, she related that the main employment center is !'.~f[/wtthtn the City of Naples. Mrs. McKtm indicated that the agreement is lacking with respect to linkage fees and suggested that both entities look toward the imple- mentation of a llnkage fee that is applicable to the City and the County and may be used in the Affordable Housing Trust Fund where the ' doc stamp surtax would also be allocated. She expressed that if both entities 3oin forces and funding sources there will be more developers willing to develop affordable housing in the area. Commissioner Goodnight stated that new monies will be available through HUD but because of the low population of Collier County, it j cannot qualify for these funds but the City of Naples is able to qualify. She noted that there will need to be matching funds or Page 2 April 24, 1991 ~'.:'~':. ::City/County participation, depending on the award of the grant. She explained that by adding linkage fees, waiving impact fees, and the donation of lands, there will be a better chance to receive some of the HUD money. She reported that there has not been sufficient 3 bedroom affordable housing units built throughout the nation and money 'is there waiting for applicants of 3 bedroom units and by working together, HUD apartments could be located wlthin a two mtle radius of the City and would benefit both entities. Mrs. McKlm remarked that both Comp Plans rely on 1980 census data and staff from both entitles are not comfortable with the projections for the need of affordable housing since more is needed than is being built, She Indicated that as the Comp Plans are revised, discussions have taken place with regard to moving affordable housing toward the coastal area to overcome the jurisdictional boundary and admitting ~'. that the need crosses that boundary. In answer to Commissioner Shanahah, Mrs. McKim advised that the two mile limit was part of an agreement with DCA and the City amended its Comp Plan to decrease by over an acre the designated affordable housing property wtthtn the City. She noted that she will be coming to Council in the future to review additional properties that may have the potential for actual designation as affordable housing sites to be pursued. She explained that she believes that by 1997, 46 acres will be needed for affordable housing within the City and this may be very difficult to achieve, noting that DCA recognized same and felt that the two mile limit was a reasonable commuting distance for people to travel back and forth to work. HUI Director Shreeve advised that it has been identified that 1,100 affordable housing units per year should be built during the next five years to accommodate the need. Commissioner Volpe indicated that he is opposed to giving density bonus credits for affordable housing in the coastal high hazard area. He noted that he recognizes that the City of Naples is built out and in terms of funding mechanisms, the City is an entitlement Jurtsdic- April 24, 1991 tton but the County is not. He related that the linkage fee and share fair is based upon growth and questioned how the City anticipates coming forward with the necessary funds for a housing trust fund. Mrs. McKim replied that there is quite a bit of redevelopment within the City and anticipates that there will be a linkage fee in place soon enough to take advantage of that redevelopment. She noted that this will be taking place in the area between U.S. 41 and Goodlette Road and the waterfront area. She advised that staff will be presenting an issue paper to Council relative to various funding sources that need to be explored. In answer to Commissioner Volpe, Mrs. McKim reported that the City received $117,000 under its entitlement program this year and it is anticipated that $135,000 will be received next year. Mr. Shreeve advised that the County's Affordable Housing Task Force has submitted their report and noted that an Affordable Housing Commission is in the process of being set up. He explained that this will be comprised of nine members from the real estate community, citizens in general and people who are interested in providing affor- dable housing. Mrs. McKim stated that she believes that a unified task force could make recommendations regarding the Affordable Housing Trust Fund allocations and noted that she will provide a draft relative to this issue. Mr. Shreeve explained that the City of Winter Park, Florida has a .new ordinance which allows $.15 per square foot to be collected for every square foot that is permitted, regardless of whether it Is new .construction, renovations, residential, etc. He advised that if the ~County had done that last year, $2.3 million could have been collected for the permits that were issued. Councilman Korst suggested that this matter be referred to the PlanninG Advisory Board and the Collier County Planning Gommission for their review and input. Commissioner Saunders stated that the bottom line regarding this 05 Page 4 April 24, 1991 iltem is for staff of both entities to proceed in developing a more comprehensive agreement. :- Mayor Anderson suggested that both staffs continue to work on the interlocal agreement and present same to both Bodies for adoption within the next 30-45 days; and that an Affordable Housing Task Force be developed, comprised of City and County residents and a seeded representative from the City Council and the Board of County <~ : Commissioners and come back with a work plan and identify the next areas to be tackled. Commissioner Saunders indicated that he does not feel that an agreement can be ratified within the next 30-45 days, but both staffs should work in this regard as quickly as possible. He noted that he concurs with the idea of a task force but does not concur that mem- bership should include membership by a City Councilman or County Commissioner. ~." Mrs. McKtm stated that she believes the draft could be revised within the next 30-45 days to incorporate today's discussion and the attorneys could provide their comments to both staffs and a more final draft could be provided at the next Joint meeting which will be held in 90 days. Mr. Shreeve concurred. Commissioner Volpe remarked that the County has engaged the set- ? vices of a consultant to perform a study regarding a linkage fee and fair share and suggested that perhaps a supplemental agreement could be made to include the City of Naples in that study. Mrs. McKtm indicated that she agrees with Commissioner Volpe's recommendation, noting that if both entities could work together in this regard it would save money. Mr. Shreeve advised that he will contact the consultant in this regard. County Attorney Cuyler stated that he will explore the costs to .' include the City in the study. : In response to Commissioner Goodnight, Mr. Shreeve advised that ?] ~ the group that is proposed is a commission rather than a task force. He noted that this would be set by ordinance and would be ongoing Page 5 r beginning with a two year period. Commissioner Saunders suggested that staff prepare an ordinance '*for the County Commission and the City Council to establish an Affordable Housing Task Force or Commission, composed of members to be appointed by the City Council and the County Commission. It was the consensus of the Council/Commission that an ordinance be drafted as suggested by Commissioner Saunders comprised of five members from the County and four members from the City of Naples. DI$C~;~IO~ P~ CI/~/COUNTY COOP~RATIVg CONC~NCY ~AG~ ~ ~ ~T~I~ OF ~S OF*SIGNIFIC~ I~UENCE (~I] Chief Transportation Planner Perry explained that the County Coatssion and the City Council, in an earlier workshop, expressed the interest tn ex~tntng the need for a 3otnt concurrency management system. He reported that people 11vtn~ in the County often times work and seek recreation and services within the City of Naples and vice versa. ~e explained that both the City and the County have established concurrency management systems in their Growth Management Plus ~d the transportation components of those systems are dest~ned to evaluate concurrent conditions as well as pro3ected conditions and to establish ~tdelines on how to handle the issue of concurrency to provide the necessary facilities at the time they are needed. Mr. Perry called attention to the backup in the executive summary ~-:~.:..: dealing with ~he time table for the identification and adoption of the Areas of Significant Influence (ASI); public notice procedures; metho- dologies for monitortn~ the process; process by which the ASI is adop- ted; ~d similarities and differences between the two pro,rams. Mr. Perry reported that the City's system does not ~rt~Ger any a~tton when a roadway is operattn~ at the adopted LOS, whereas, the Co~y system identifies the road as a potentXally deficien~ road wlthln ~he next five years, thereby triggering the need for an ASI. ~e explained that the Ctty's system takes the annual report through the Advisory Board and then the City Council, but the County 97 Page 6 April 24, 1991 Commission hears the discussion directly, without going through the Planning Commission. He stated that City Council must hold two public hearings but in some cases, the County may hold only one public hearing. He explained that both systems reflect the same three options available to the decision makers when a deficient or poten- tially deficient roadway is identified. He noted that both systems use the ASI concept for establishing areas in which no development orders will be issued. He related that both systems lack specific criteria for determining the scope of an ASI. Mr. Perry indicated that both systems have a two year grace period during which time development may continue while an improvement is being implemented. He remarked that both systems has adopted com- patible minimum LOS standards for hi-Jurisdictional roadways (i.e. roadways that border incorporation boundaries or County roads within the City. He cited that both systems recognize the importance of carrying out programmed improvements identified in the CIE and both have compatible policies dealing with concurrency. Mr. Perry advised that the draft agreement contains two sections: good planning practices and programs through cooperative efforts and communication; and the creation of procedures for a 3otnt concurrency management system. He noted that in order for staff to continue the drafting process, direct/on is needed for the following: the time for the City/County to trigger the need for the ASI process to begin; determine the roads that are to be included in this process; and a Joint hearing process or separate hearing process. Commissioner Volpe stated that he feels that there should be uni- formity with regard to the Levels of Service. Mrs. McKim concurred that the same formula should be used, noting that the Ctty's LOS are based upon DOT tables but if levels fall below those adopted, a spe- cial study of that roadway is undertaken, using the DOT formula for .' the basis. Oommissioner Saunders expressed that he has no problem with the draft agreement. Page It.' April 24, 199! Councilman Herms related that the problem streets that the City has been dealing with recently are Neapolitan Way, Sandpiper and the intersection of Crayton Road and Moortngline. He stated that if the County standards are to be applied to the City road system, the same LOS and analysis of same should be used. Mrs. McKim called attention to the Sandpiper/Davis/U.S. 41 Intersection, and noted that it is almost impossible for the City to handle its concurrency management system without cooperation from the County. Commissioner Shanaban indicated that he feels that an interlocal agreement is needed to determine the roads that should be combined. He noted that he is in favor of holding ~oint meetings and that the ASI's should be established together. Mr. Coggan explained that he believes it is important that the local roads should be included in the ASI's since they could impact the County. Gommtssioner Volpe pointed out that very little improvements could be made to the Sandpiper intersect/on within the City of Naples Juris- diction. He remarked that an ASI could be established but noted that this would most likely have to include the County as well. Commissioner Volpe stated that Jt appears that the consensus is that there needs to be an interlocal agreement but questioned how the City of Naples will be brought into the remedial action that would have to be taken for the State Roads within the County. Mr. Perry replied that he is uncertain whether this is possible. He explained that he does not believe that the County would widen a particular roadway in the City in order to do away with the ASI. Mrs. McKim suggested that there may be a missing link and suggested that at the time that the City and the County are agreeing on the boundary of the ASI that an agreement could be entered into as to how the improvement would be brought up to the level of service. Councilman Sullivan indicated that he feels that there should be a unified plan and it makes sense to develop the criteria and the time o§ Page 8 April 24, 1991 frames involved as to the application of the value judgments that will be made. He expressed that it is ridiculous to hold separate hearings on issues that will effect citizens on both sides of the boundary I ine. Commissioner Goodnight stated that she would like to see the City and the County work together in their own Individual plans. She suggested that recommendations be forwarded to the MPO and they In turn would present their position to both entitles at a Joint meeting. Mr. Sewell Corkran cited that he is in favor of the Joint meetings but the City should know that they are not on an equal level with the County. He remarked that in March, 1990, the County adopted the APFO Ordinance which contains sections dealing with ASI's and the institu- tions of same. He indicated that the ASI's were never established since the AUIR Report of 1990, based on DOT standards, reflected many existing deficient roads. He noted that if the ASI's were established, much of the approved and pending developments would not have been able to move forward. He advised that the Plummet Study revised the amount of time that a signal light remained green or red and it was able to Increase capacity in theory from 13% to 17~ and today, two years later, there is a 30% increase. He indicated that the Comp Plan needs to be amended in order to change the levels of service. He suggested that Mrs. McKim use her standards for Golden Gate Parkway and compare same with the County's standards of the segment of Golden Gate Parkway from Airport Road to Goodlette Road. ' Commissioner Saunders suggested that staff find a way for the City and the County to cooperate in establishing the ASI's and come back with their recommendations. He suggested that input be received from other communities dealing with this situation. Commissioner Goodnight explained that the recommendations relative to this issue should be heard at the next Joint meeting and if Council or the Commission desire to make any changes to same, discussions could be held at that time. $** R~¢ess 11:00 A.M. - Reconvened 11:15 A.M. *** m 880. [ 1O Page 9 April 24, 1991 Water Management Director Boldt stated that a consultant was hired to assess the County's systems by evaluating what is needed, the cost required to improve those systems, priorities for the detailed Basin studies, and advice relative to a financial program. Mr. Boldt revealed the findings of the Master Plan Study as follows: in excess of 1,000 structures were inventories, 38% of same were found to be inadequate; 27% of the Basins were found to be sub- standard and 74% were found to be unacceptable based upon the criteria that was used; 253 major projects were identified requiring structural improvements with an anticipated cost ranging from $55,000,000 to $80,000,000; priorities for the basin studies include the Gordon River Extension and Main Golden Gate; and total program costs expected to be $1.9 million per year and in order to be up and running and fully funded to do the Job over a 15 period year, an $8.2 million program is needed per year to operate. Mr. Boldt advised that the consultant recommends that a stormwater utility charge mechanism be established at an approximate rate of $3.50 per month for a typical single family resident. Mr. Boldt indicated that the Stormwater Management Master Plan adopted by the Commission in August, 1990, Js the blueprint for the future. He noted that in March, 1991, the Board adopted the Stormwater Utility Ordinance which creates a separate Utility as a legal entity set up as a separate Enterprise Fund and provides for various definitions. In addit~on, he remarked that the Ordinance allows for setting service charge rates at a later date by adoption of rate resolutions. Mr.-'Boldt explained that the Board authorized staff to proceed in securing a detailed rate study to determine the service charges and the hiring of a Stormwater Utility Manager. Mr. Boldt pointed out that the Commission will be faced with making a number of basic decisions in regards to the complexity and Page 10 April 24, 1991 i~i' the equity relative to the service charges for the various user · groups. He indicated that staff will be presenting to the Board, a number of Issue papers prepared by the rate consultant with respect to Phase I relative to the preparation of a master account file and a [.~, Mr. Boldt advised that once the complexity of the user groups ts known, negotiations will be entered into with a financial consultant for Phase II to prepare the master account files and the billing system. He noted that this should be up and running by the Spring of ' 1992. ': - Mr. Boldt remarked that staff is fine tuning a Request for ':'] Proposal relating to a detailed Basin Study for the Gordon River i./ extension. He reported that it is estimated that these Improvements will cost approximately $17 million. He indicated that a portion of this Basin lies within the City of Naples and has a direct Impact on the water quality of Naples Bay. He cited that during preparation of the detailed Basin Study, the consultant will outline the positions ' that should be taken between the City and the County for cost sharing of the improvements. i~.~ Mr.. Coggan explained that the firm of CDM is conducting a rate :.i study and preparing the Master Plan for the City of Naples, He indi- cated that a draft ordinance, establishing the Storm Water Utility and the rate will be presented to Council next week. He noted that the rate is proposed to be $4.00 per month for the average residential !~'' unit and it is anticipated that the collection of same should be ~ Implemented by June. Mr. Boldt reported that another program that would impact both entitles through the Environmental Protection Agency (EPA) is the National Pollution Discharge Elimination System. He related that it is anticipated that a letter will be received from the EPA this coming · fall which will allow the County, as the lead agency, to file an application informing them of what has been done relating to master planning and the water quality of some of the major outflows. Page 11 <-.. April 24, 1991 '-' ~H O~,'~;E~,~~O~ TAX FOR CITY BEACH MAINTENANCE Mr. Coggan explained that the City's Beach Renourtshment Committee is struggling with funding sources for beach maintenance and without knowing whether Tourist Development Tax monies could be used for this purpose, they are unable to do their work as far as projecting what needs to be done. He indicated that questions regarding renourishment versus maintenance are to be answered by the attorneys. Commissioner Goodnight reported that she has concerns with obll- gattng any money for this purpose until the law suit is settled. She expressed doubts that the suit would be settled out of court, noting that it is uncertain as to the number of appeals that will be filed by · the hotel/motel industry. ~'! Councilman Herms stated that he realizes that this is a catch 22 situation but suggested that if there is to be a certain percentage or another way of deciding what monies will be available, the committee would have an idea of the money that may be available to them. He mentioned that there have been additional discussions regarding County residences using the beaches and the high level of City accesses for beachgoers and the intent to improve the beaches so that both City and County residents will benefit. Commissioner Saunders related that he does not believe that there I~11i~?~!wil! be many alternatives for allocating the funds but feels that the &.~ .<. fairest way would be to look at the amount of beachfront in the City that needs to be renourished compared to the amount of beachfront in the rest of the County that needs to be renourished and perhaps allo- cate on actual needs in terms of footage. With respect to Pass main- · .~ tenante, he stated that Gordon Pass is dredged with Federal funds and ~ the n~ber of County Passes that need to be dredged is already known · and possibly the funds can be allocated on a percentage of the work ?, that needs to be done in the City. He remarked that the issue re/a- t~ve to the City charging County residents to use the City beaches is a separate issue and should not be mixed up with the beach Page April 24, 1991 matntenance/renourtshment and Pass maintenance. He Indicated that if a fair mechanism cannot be reached at today's meeting, the various staffs should be directed that the entitles are in favor of a fair allocation and the methodology of same should be presented. Commissioner Goodnight remarked that the Tourist Development Council (TDC) has been appointed to make recommendations and suggested that the need assessment be done and forwarded to the TDC and they should present their recommendations to the Council/Commission at a Joint meeting. Assistant County Attorney Wilson advised that the Tourist Development Tax Is not allocated according to municipality but rather according to the type of use and the project. She noted that when the TDC receives proposals for a need assessment, only 40% is allocated to beach renourishment/matntenance and pass maintenance. With respect to the law suit, she cited that a resolution is expected at the Second District Court of Appeal level by the end of the year, and if an appeal is filed with the Supreme Court, it could take another year. Commissioner Volpe remarked that he feels it is premature at this point to give any d~rectton or allocation to the TDC. He questioned whether engineering drawings for a beach renourtshment plan for the City of Naples have been completed. O~ty of Naples Natural Resources Manager Steiger replied that no detailed engineering has been done for any Collier County beaches. He reported that the last section of the project whlch Coastal Engineering Consultants has been engaged in has been completed and this includes the Vanderbilt Beach restoration area and the Park Shore/Nap/es Beach restoration area. He noted that the most recent packet of Information has been the sand source study which includes information relative to the compatibility of the sand on the beach and the biological studies to determine where there may be problems in obtaining permits to place the sand. He explained that he understands that DNR has funds available for experimental projects on the beach but there are no funds available for erosion control projects. He 14 Page 13 '*" .: Indicated that there will be no monies available at the State level for non-federal funded projects in the next year due to the budget problems that the State is experiencing. He remarked that the City will apply for continued support for the 91/92 fiscal year. Councilman Korst suggested that this item be placed on the next Joint meeting agenda and possibly additional information could be obtained in the interim. 0o%Lr~t¥ Manager Dotrill advised that the County has been eligible in the past and did receive $250,000 in erosion control trust funds. He indicated that next week, the County Commission will be asked to sponsor a resolution for the Naples Park Shore project and the Vanderbilt Beach project. Commissioner Goodnight stated that at the next meeting, the scope of work can be discussed and when there is a resolution to the law suit, the various proposals could be reviewed to determine the priori- ties. Utilities Administrator Arnold stated that the purpose of this item is for the City and the County to co-venture and enter into a cooperative effort to develop a water conservation program. He indi- cared that earlier this month, County Staff was directed by the Commission to initiate a RFP from consulting farms who could develop the frame work for this type of program to be implemented over a number of years. Mr. Arnold advised that the Commission recognized that water con- setration has no political boundaries and there is the basis for both the City and the County to discuss the cooperative effort regarding the scope of services for the consultant to la'z the ground work for the program and move forward from their. He indicated that he has no costs associated with this at this time, but the purpose of the forum today ts to discuss the sharing of the costs and the expertise. Mayor Anderson stated that the Councll's May 1st agenda includes g 000P&6[ 15 Page 14 April 24, 1991 the appointment of a Consultant Selection Committee with regard to rate development for water/sewer and solid waste in the Clty. She :~ indicated that suggestions have been made to look at water conser- vation rate impacts at the same time. She recommended that the ~:~Q Manager'a further discuss this issue. Mr. Arnold reported that County Staff will be bringing rate recom- 3.~ ~* mendations relative to water conservation incentive based rates to the Commission within 30 days. Utilities Administrator Arnold explained that in 1977, the County and the City entered into a Water/Sewer Service Area Agreement. He noted that over the intervening years, the agreement has been amended and revised a number of times and the document is unworkable and many things need to be clarified. He requested that City and County staff ~ revise the agreement into a cleaner format so that it will be more useable by both parties. He explained that discussions have been held with regard to substantial changes relative to service areas and set- 'vice scenarios. Mayor Anderson suggested holding off on any amendments to the Agreement until the new City Manager comes on board. Mr. Anderson replied that he will be happy to work with him at his convenience. Commissioner Goodnight stated that the next joint meeting will be held at the City on July 24th. Councilman Muenzer suggested that a potential agenda item for the next meeting be a discussion with respect to Seagate Park and that the County relinquish its lease with the School Board and allow the City to take over aame and begin to operate. He remarked that the County has four or five School Board sites waiting to be taken over to meet the Comprehensive Plan needs but the City needs the Seagate Park to meetsits Comprehensive Plan requirements. Commissioner Goodnight concurred that this item should be 18 Page 15 April 24, 1991 discussed at the next meeting. County Manager Dotrill advised that the agreement that is executed is a compromise agreement since the City did not want to pay anything for the facilities that are there. He reported that the problem rela- tes to league play since there are a number of County recreational leagues who schedule games at the ballfield and there will be a sche- duling dilemma if there is no access to the playing field. He noted that an agreement was reached that the County would have use of the park for the remaining five year period, abandon the site, and not receive any compensation. . Golmcilman Muenzer stated that he believes that the City made a bad negotiation decision and suggested that discussions be reopened. There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 12:15 P.M. Page 16