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BCC Minutes 03/19/1991 S Naples, Florida, March 19, 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 ha~e been created according to law and having conducted business herein, met on this date at 5:45 P.M. in SPECIAL SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Patl'icia Anne Goodnight VICE-CHAIRMAN: Michael J. Volpe Richard S. Shanahan Max A. Hasse, Jr. Burr L. Saunders ALSO PRESENT: Wanda Arrighi and Ellie Hoffman, Deputy Clerks; Tom Ollfff, Assistant to the County ManaGer; David Welgel, Assistant County Attorney; Marjorie Student, Assistant County Attorney; William Lorenz, Environmental Services Administrator; John Boldt, Water Management Director, Frank Brutt, Community Development Services Administrator; Robert Wiley, Project Engineer Manager; Sue Filson, Administrative Assistant to the Board; and Deputy Byron Tomlinson, Sheriff's Office. / Page March 19, 1991 Tape ,1 Ite~ ,3B PETITION Z0-90-17, THE COMMUNITY DEVELOPMENT DIVISION REQUESTING AN ORDINANCE AMENDING ORDINANCE NO. 82-2, THE COMPREHENSIVE ZONING REGULATIONS, BY AMENDING SECTION 8, SUBSECTION 8.12D, OFF-STREET VEHICULAR FACILITIES - PARKING AND LOADING, IN ORDER TO REVISE OFF-SITE PARKING REQUIREMENTS - CONTINUED TO APRIL 16, 1991 Commissioner Shana/san moved, seconded by Commissioner Hasse and carried unanimously, to continue Petition Z0-90-17 until April 1991. PETITION Z0-90-18, THOMAS WOOD OF VEGA, BROWN, STANLEY & MARTIN, P.A., REPReSenTING SIGN OF THE VINE RESTAURART, REQUESTING AN AMENDMENT TO ORDINANCE NO. 82-2, THE COMPREHENSIVE ZONING REGULATIONS, BY AMENDING SECTION 8, BY ADDING SUBSECTION 8.12f., OFF-STREET VEHICULAR FACILITIES - PARKING AND LOADING, ADDING PROVISIONS FOR SHARED PARKING - CONTINIFED TO APRIL 16~ 1991 Go~tmstoner Shanahan moved, seconded by Commissioner Hasse and carried unanim~usl¥, to continue Petition Z0-90-18 until April 16, 1991. Item,3A ORDINANCE 91-27, CREATING THE STORMWATER UTILITY ORDINANCE - ADOPTED; COUI~T~ MANAGER DIRECTED TO ADVERTISE FOR A STORMWATER UTILITY MANAGER Legal notice having been published in the Naples Daily News on February 28, 1991 and March 13, 1991, as evidenced by Affidavits of Publication filed with the Clerk, public hearing was opened to con- sider an ordinance creating the Stormwater Utility Ordinance. Water Management Director Boldt informed that this is the second of two evening public hearings on the proposed Stormwater Utility Ordinance with the first hearing held on January 15, 1991. He pointed out that both the "Master Plan" and the County's Growth Management Plan have recommended the use of the stormwater utility charges as the funding source for implementing the County's Stormwater Management Program. He added that the State is strongly encouraging the adoption of this ordinance. He noted that DER and the U.S. Environmental Protection Agency will be mandating to the County, requirements that will be costly. In explanation of the need for thi~ ordinance, Mr. Boldt explained 03 Page 2 March 19, 1991 that a final report of a comprehensive analysis of the County's Storm- water Management Program will show that a total of 1,022 structures and channel segments have been inventorled throughout the County, and of those, 38% were found to be inadequate under current conditions. He cited that 37 of the 45 sub-basins were analyzed, indicating that 27% of them are substandard and 74% unacceptable. He outlined the mentioned basins on the display map. He informed that 253 remedial projects requiring structural improvements have been identified resultinG in a cost of $55 million to $80 millions. In referring to the financial report that has been done, he reported that the total cost of services during the five year transition phase-in period is costing $1,900,000 per year, but in order to meet the goals of the County approximately $8 million per year is needed. He advised that the major funding sources identified for the years to follow the five year phase-in period are $5 million from service charges and $1.2 million from ad valorem taxes. He specified that the financial report indicates that if a dollar per month was charged to every single- family home in the County, $1.5 million could be generated. Mr. Boldt pointed out that if a Stormwater Utility were not created, the County's millage rate would have to be increase from 0.10 to 0.68 of a mill in order to meet the County's obligations under the Growth Management Plan. Mr. Boldt reported that the proposed ordinance will provide a framework for the utility, will make the utility a legal entity within the existing Water Management Department, provide definitions, allow for setting up a separate Stormwater Utility enterprise fund, and pro- vide for the imposition of service charges to be set by resolution after the rate study is completed. In answer to Commissioner Shanahan's quest]on, Mr. Bo]dt affirmed that the goal rate is to be at $3.50 per month per resident. He clarified that to arrive at the Goal rate commercial, industrial, agricultural, residential, etc. were included into the calculation. He added that the decision as to who will be charged and what the 000 ,, 04 Page 3 March 19, 1991 charge will be is to be determined as the Board proceeds with the detailed rate study as well as the priority of projects. Commissioner Volpe pointed out that coordination between the County and the City of Naples is very important in regards to the Golden Gate and Gordon River Basins. Mr. Boldt confirmed that an interlocal agreement will be established for the shared facilities, and this will be figured into the rate study. County Manager Dorrill added that the City of Naples will participate in the stormwater mana- gement program at shared facilities for the reasons of water quality, and pointed out that their drainage system is separate from the County's. In regards to bonding, Mr. Boldt recommended the County wait three years before using bonding as a resource so there will be a solid base of income, however, by providing for bonding in the ordinance it will allow the flexibility for use if needed. Regarding Commissioner Hasse's question, County Manager Dorrill stated that an option which will be proposed in the rate study will be to relate the charge based on the expense of the work required within an identified drainage basin. Mr. Dotrill stated that other fee options will be based on commercial, industrial, residential, agri- cultural, and vacant land. Mr. Ira Evans, resident of Collier County, stated that this is an additional cost not needed by the County nor its residents, par- ticularly when the country is in a state of recession. He requested that the proposed ordinance be further reviewed. He specified that the provision in this ordinance for the proposed Stormwater Manager to be allowed to compromise or forgive assessments should not be allowed, and he added that the size of this proposed organization should be controlled and limited. He suggested that a cap be placed on an ordinance of this type to restrict the funds used for it. Commissioner Saunders commented that although he is in favor of the subject ordinance, he questions why these issues could not be handled on a project-by-project basis or through an assessment 05 Page 4 March 19, 1991 distr~ct when needed? Commissioner Shanaban related that because of the storms that are natural and consistent during the months of May through September it is necessary to protect the quality of water in Collier Gounty which a Stormwater Utility would accomplish. Commissioner Shanaban added that it will also enhance the water availability. He explained that without the Stormwater Utility the deterioration of the basins will worsen creating an even more costly situation. Commissioner Volpe pointed out that the Stormwater Utility will also be fulfilling a commitment made by the Board in the Growth Management Plan. He agreed that a method needs to be found to address the stormwater problems of Collier County, and to be accomplished in the most cost efficient manner possible. Commissioner Hasse agreed that a Stormwater Utility is very impor- tant to maintain a high quality of living in Collier County. Richard Wood, resident of Naples Park, questioned where the Naples Park community stands in the priority list of projects? He explained that 2-1/2 years ago his community was provided an MSTU to help elimi- nate their flooding problems; however, this project is still underway. County Manager Dotrill pointed out that Naples Park had indicated that they did not want to pay for their drainage improvements through a special assessment method. He noted that if they now want to wait and be part of a stormwater utility, they have that option available. Mr. Boldt recommended that special assessments be placed on projects such as Naples Park because of the special type of work involved. John Beebe, 3r., President of the Lakewood Civic Association and President of the Presidents Council of Property Owners Association, urged the approval of the subject ordinance, and stated that it pro- rides an integrated approach in solving the problems of water run-off and water retention in the County. He noted that it can address on a priority basis the areas that need the service first, but eventually taking care of the whole County. He suggested that the rates be deve- loped in a fair manner based on benefit and work needed in specified ooo., 06 Page 5 March 190 1991 areas. Commissioner Volpe commented that he would like the rate fee to be kept as simple as possible and would like to have an interlocal agreement between Collier County and the City of Naples for some of the funding for the projects benefiting both. Mr. Boldt affirmed that a cooperative agreement between the Big Cypress Basin and the Water Management System of the County was approved, defining the areas of responsibility. Co~unissioner Saunders recommended that at the Collier County and City of Naples meeting on April 24, 1991, the issue of stormwater management be discussed. County Manager Dotrill concurred that this item will be on the agenda. Co~/ssioner Saunders moved, seconded by Commissioner Shanaban and carried unanimous/y, that the public hearing be closed. Co~missioner Shanaban moved, seconded by Commissioner Saunders and carried unanimously, that the Ordinance as numbered and titled below be ~pted with direction to the County Manager to advertise for the Stox~water Utility Manager's position, and entered into Ordinance Book NO. 43: ORDINANCE 91-27 AN ORDINANCE OF COLLIER COUNTY, FLORIDA, RELATING TO STORMWATER MANAGEMENT IN THE COUNTY AND CREATING A STORMWATER UTILITY; STATING AUTHORITY; GOVERNING BOARD, POWERS AND DUTIES; STATING FINDINGS, PURPOSE AND DECLARATION OF BENEFIT; PROVIDING TITLE AND CITATION; PROVIDING FOR APPLICABILITY OF ORDINANCE; PROVIDING DEFINITIONS; ESTABLISHMENT OF A STORMWATER UTILITY; ESTABLISHMENT OF A STORMWATER UTILITY ENTERPRISE FUND; PROVIDING FOR ISSUANCE OF BONDS; PROVIDING FOR DEVELOPMENT, IMPLEMENTATION AND APPLICATION OF FUNDING; OPERATING BUDGET; REQUIRED LEVELS OF RATES FOR STORMWATER UTILITY FEES AND ASSESSMENTS; IMPOSITION OF STORMWATER UTILITY FEES; ESTABLISHING AREA OF OPERATION, BENEFIT AREA AND UTILITY FEES; NOTICE REQUIREMENTS FOR RESOLUTIONS ESTABLISHING OR MODIFYING AREA OF OPERATION BENEFIT AREAS AND SETTING OR MODIFYING RATES; ASSESSMENTS AND UTILITY FEES; CREDITS AGAINST UTILITY FEEl; AND ASSESSMENTS; BILLING AND PAYMENT OF STORMWATER UTILITY FEES OR ASSESSMENTS; ADJUSTMENTS OF UTILITY FEE AND ASSESSMENTS, CORRECTIONS; PENALTIES; ADJUSTMENTS; ADJUSTMENT OF UTILITY FEE AND ASSESSMENTS; CORRECTIONS; CREATION OF A COMPREHENSIVE STORMWATER MANAGEMENT UTILITY CODE; CONFLICT AND SEVERABILITY; AND EFFECTIVE DATE. · ''At this time Deputy Clerk Hoffman replaced Deputy Clerk Arrtght''' lte~BD ORDINANCE 91-28 RE PETITION Z0-90-23 AMENDING THE COMPREHENSIVE ZONING RE~TION$ TO ALLOW HURRICANE SHELTERS AS A PERMITTED ACCESSORY AND 07 //-2 t March 19, 1991 P. EQUIREMENTS AND STANDARDS FOR THEIR PLACEMENT IN MOBILE HOME SUBDIVISIONS AND MOBILE HOME RENTAL PARK DISTRICTS - ADOPTED Legal notice having been published in the Naples Daily News on February 27, March 7 and 13, 1991, as evidenced by Affidavits of Publication filed with the Clerk, public hearing was opened to con- sider an ordinance amending Ordinance 82-2, the Comprehensive Zoning Regulations, by amending subsections regarding Mobile Home Subdivisions and Mobile Home Rental Parks. % Planner Lord stated that this is the second public hearing regarding Petition Z0-90-23, requesting amendment of Ordinance 82-2, by amending Subsections 7.17 Mobile Home Subdivision and 7.18 Mobile Home Rental Park to allow hurricane shelters as a permitted accessory use and by adopting requirements and standards for tile respective Districts. He noted that in summary, this ordinance will allow for the sheltering of the mobile home residents who are most in need of such a facility to withstand the winds and tidal surges during a hurricane in the hopes of reducing the traffic impact on Collier County's evacuation routes. Mr. Lord advised that the Collier County Planning Commission reviewed this amendment on February 21, 1991, and forwarded same to the Board of County Commissioners with a unanimous recommendation of approval. In answer to Commissioner Hasse, Mr. Lord explained that generally the mobile home parks do not provide the facilities as required uy this ordinance. He reported that the ordinance requires a facility to withstand winds of 125 m.p.h., a raised elevation of 16' above mean sea level, provisions for emergency electric, water and washing faci- lities. Commissioner Shanahan questioned whether a park that has dismantled a sewer treatment plant is given any flexibility. Mr. Lord replied that a hurricane shelter facility would be required if an existing approved development adds more than 25 additional lots, but if the expansion is less than 24 lots, this facility would not be Page 7 March 19, 1991 required. There were no speakers. Co~miesioner Shanahah moved, seconded by Commissioner Hasse and c~rrtedux~nlmousl¥, to close the public hearing. Com~issioner Hasse moved, seconded by Commissioner Shanaban and carried ----imousl¥, that the ordinance as numbered and titled below be mdopted and entered into Ordinance Book No. 43: ORDINANCE 91-28 AN ORDINANCE AMENDING ORDINANCE NO. 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY BY AMENDING SUBSECTION 7.17, MHSD - MOBILE HOME SUBDIVISION DISTRICT, BY ADDING SUBSECTION B.2(C) TO ALLOW HURRICANE SHELTERS AS A PERMITTED ACCESSORY USE; BY ADDING SUBSECTION 7.17C.6) REQUIREMENTS AND STANDARDS FOR HURRICANE SHELTERS; BY AMENDING SUBSECTION 7.18, MHRP - MOBILE HOME RENTAL PARK BY ADDING SUBSECTION B.2(D) TO ALLOW HURRICANE SHELTERS AS A PERMITTED ACCESSORY USE; BY ADDING SUBSECTION 7.18C.9) REQUIREMENTS AND STANDARDS FOR HURRICANE SHELTERS; BY PROVIDING FOR CONFLICT AND SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. There being no further business for the Good of the County, the meeting was ad3ourned by Order of the Chair - Time: 7:10 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL / -/ PATRICIA ANNE GOODNIGM.~, CHAIRMAN $A~. O-. GILES, ,CLERK :.'tY as presented . ,~ or as corrected 000. . 09' Page 8