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BCC Minutes 09/16/2003 WSeptember 16, 2003 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ON LEGISLATIVE INITIATIVES WORKSHOP Naples, Florida, September 16, 2003 LET IT BE REMEMBERED, that the Collier County Board of County Commissioners Legislative Initiatives Workshop in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in WORKSHOP SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Commissioner Tom Henning Commissioner Donna Fiala Commissioner James Coletta Commissioner Frank Halas ALSO PRESENT: Jim Mudd, County Manager David Weigel, County Attorney State Representative Mike Davis State Representative Carol Green Jake Ross, Clerk of Courts Executive Asst. Beth Walsh, Assistant to County Manager Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS LEGISLATIVE INITIATIVE WORKSHOP AGENDA September 16, 2003 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1 September 16, 2003 1. PLEDGE OF ALLEGIANCE 2. AGENDA A. Introduction of Local Delegation, Discussion of Proposed Session Preview Senator Saunders Representative Davis Representative Rivera B. Local Bills C. FAC Calendar D. Collier County/Southwest Florida Legislative Day in Tallahassee E. Lobbying Strategy 3. ADJOURN Legislation and INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADF TO THE COUNTY MANAGER'S OFFICE AT 774-838:~. 2 September 16, 2003 September 16, 2003 Meeting was called to order by Chairman Tom Henning at 9:00 AM. Congressman Mario Diaz-Balart led the Pledge of Allegiance. 2. Agenda - County Manager Jim Mudd covered the mornings Agenda. A. Introduction of Local Delegation, Discussion of Proposed Legislation and Session Preview - Steve Hart introduced Congressman Marlo Diaz-Belart and staff members of Senator Larcenia Bullard, State Representative David Riveria's aide, John Norman, State Representative Dudley Goodlette was chairing another meeting and could not be present, but his assistant Jessica Cartis and Executive Assistant Sara Iness were present. New Chairman of the Collier County Legislative Delegation, Representative Mike Davis was introduced. He is very active in the County and sits on many committees and joined the Commissioners at the table for the Workshop. He introduced Representative Carol Green representing Lee & Collier Counties. - Chairman Henning announced Senator Burt Saunders could not be with them as he is in the Carolinas because the passing away of his Mother. - Rep. Davis talked about some of the issues before them in the 2004 Legislative session. - Rep. Carol discussed the big issue for the State which is Health Care and Health Insurance. She mentioned the uninsured and how to deal with them. She is on a select Committee for Health Insurance and will start to meet around the State to take public testimony of what is happening. The Governor also has his own Task Force they will meet with. She serves as the House Appropriations Chairman and continues to work on the Medicaid issues. - Another issue is how to do Constitutional Amendments. This will be debated. The Constitution should not be clouded. Commissioner Coyle agreed something needs to be done with the Constitutional Amendments - they are out of control. The Health Care issue is perplexing - and would like to get an understanding of where they are going with it. Rep. Green does not want to create another Government program, which causes more problems. But the issue needs to be studied with possibly public private partnerships, but needs to be more brainstorming with some creative ideas. Rep. Davis discussed the unity, integrity and devotion of the Representatives in the County and State. One of the weak areas in the delegation is Education and they are all working on it. He talked about the high speed rail, the working relationships and how important it is communicating and being at everyone's disposal. Page 2 September 16, 2003 B. Local Bills - Handout sheet by Mr. Mudd - (Attached) - He added Traffic Fines with a graduated rate increase, to be discussed along with a representative from Collier County on the Intermodel System Board. Big Cypress Stewardship District - (Special District) - a map was shown of District locations. This will come to the Board of County Commissioners and they will make recommendations to the Delegation for support or not. Mr. Mudd- Legislative Chance request: Modifying the states public records statutes allowing release of personal contact information provided by private citizens to local or state government agencies for receiving services related to emergency services and homeland security. - Rep. Davis mentioned State Representative Dudley Goodlette is working on this legislation. Even though they want to protect the "public right to know" they don't want to infringe upon it inappropriately for security purposes. They are willing to work closely with the County. - Commissioner Coyle mentioned identity theft is a large problem nationally. He doesn't feel the Social Security and Driver License numbers should be given other than for security purposes. Mr. Mudd- Legislative Change Request: Amend the language of Florida Statue 125.0104 - "Local Option Tourist Development Act" - purchase of beach access as an authorized use of revenue. The Collier County Board of County Commissioners may wish to expand the language to include purchase of beach access as an allowable use of tourist revenues. It doesn't seem to be real clear in the issue at this time. - Commissioner Henning mentioned the public has limited access to the beaches for the tourist - so what good is it to renourish if it cannot be used. - Commissioner Halas agreed that they have been going back and forth in deciding what the correct way to expend the TDC funds is and are looking for guidance. Commissioner Coyle warns caution that they need to maintain the beaches or there is no need to have access. He would caution against any effort that would provide Collier County with opportunity to allocate unlimited funding for this purpose. A percentage of tax might be appropriate for beach access so they can protect funds available for maintenance of the beaches and still enough for purchasing access. Page 3 September 16, 2003 - Commissioner Henning stated they will see a policy soon October and will have time to deal with what they spend on beach access and renourishment - but want the ability to fund beach access if need be. - Commissioner Coyle agues against changing the Legislation that provides the entire Tourist Development Fund as a source for purchasing beach access. Commissioner Henning agreed with him. They do not want the State Legislature placing restrictions on them until they know what they are dealing with and the TDC is capable of making those decisions. Commissioner Coletta would like to see the local people make their own decisions and adjust at times. He didn't feel TDC or the BCC would take the majority of TDC funds to buy beach access/s. Mr. Mudd - Legislative Change Request: Increase State funding for Red Tide research and prediction. - Commissioner Coletta is involved in the Committee that is looking into the issue started at the University of Southwest Florida. He is for the private sector handling it and will need help with funding. - Rep. Green mentioned they have discussed this in the past and agrees it belongs in the University setting. Everyone is concerned with the Tourist season and needs to be studied in the scientific community and they will be there to help with the funding if and when necessary. Discussion followed. Mr. Mudd - Legislative Change Request: To amend the statutory language that would allow the review and possible revision of the Collier County Occupational License Tax. Rates were established in 1981. They were handicapped in adjusting the rates with more increases in wages etc. Mr. Mudd - Legislative Change Request: Increase traffic fines - the BCC discussed increasing the fines for going through a red light a year or so ago and after further research found that the State sets the fines. Perhaps a graduated scale could be invoked. These concerns will be taken back to the Legislative body. Under Article V, all the proceeds from the fines they get now go to Tallahassee. · Page 4 September 16, 2003 Mr. Mudd- Legislative Change Request: Collier County Representative on the Intermodel System Board - Collier County has the I75 bypass etc. and needs to have representation on the Advisory Board for the State Legislature. Commissioner Coletta suggested that the representative be Ted Soladay, Executive Director Naples Airport Authority, University and major improvements taking place now. Rep. Davis stated they will take their suggestion and try and get a seat for a Collier County representative. Commissioner Coletta brought up the subject of a local option of the gasoline tax and wondered if it was still a good idea or not. Rep. Davis feels it is not about a tax increase but correcting an error that was made. When created many years ago the Legislature provided the State to index the gas tax, but not local government. He is not sure the timing is right to bring it back this year. It met with the Transportation Committee with a positive vote by all members. He will continue to discuss the subject in the future but may take some time. - Commissioner Henning brought up the subject of shopping carts being a health hazard in Golden Gate. They are being left in the medians and ending up in the storm water canals and retention areas. The Statute mentions that local government cannot and does not have the authority to fine the retailers. He would like to talk with the Retailers Association and see if they can come to some sort of a resolution that is workable. Making the Retailer responsible for this could be a solution. State Representatives Green and Davis left at 10:28 AM. - Commissioner Coletta has been involved in the Legislative Initiatives for the last two years as a point person for the Commission and also for the Southeast Regional Planning Council and would like to step back and assist this year. He is open to suggestions. C. FAC Calendar - Beth Walsh, Assistant to County Manager Jim Mudd, reminded the Commissioners: FAC meetings next week in St. Augustine Legislative Conference November 19-21. It is very important to have representation because the Legislative Agenda is put together at that time. Many will be attending including County Attorney David Weigel. D. Collier County/Southwest Florida Legislative Day in Tallahassee - Page 5 September 16, 2003 - Luncheon with City Managers from the various counties - do the Commissioners want to be a part of it to air particular items. Meet with Delegation and be proactive - not a social event. Commissioner Coyle suggested a Workshop prior to the event to discuss who is going to do what and when and assigns specific tasks. Upon their return they would get together again and discuss their findings. Commissioner Fiala mentioned she has arranged several of these trips, made arrangements for the various social events - went in with an impact, made a statement and then announced the accomplishments upon their return. She feels a fanfare is needed along with inviting the press to have a better impact on the Legislators. John Norman - many other areas have a specified day in the courtyard in Tallahassee. Usually done by an Organization - not a governmental function. Will take up the entire courtyard with different vendors etc. - it is a County Day. The Chamber of Commerce puts it together. Discussion was held on the costs. Mr. Mudd- Resolution Proposed by Citrus County - supporting the continued inclusion of a local sources first policy and it's opposition to any Amendment to Florida's Water Resource policy which allows, encourages or promotes water transfers. Mr. Mudd wants to know if they want to support the Resolution. It was decided they pass it onto the Utility Board. Mr. Mudd- I75 Bypass - he asked how the Commissioners wanted to treat this - support or not? Commissioner Henning felt they should wait for the PD&E study first. - Commissioner Halas felt they need to go forward and plan for the future. They have never done it before and feel it will benefit Lee County by being a backdoor entrance to Florida Gulf Coast University and the Mid-Field Terminal. For Immokalee it will stimulate economic development and bring industry in. The College will be there with 6-8,000 student body and other staff for support; he thinks they need to keep it there and start the study now. Johnny Limbaugh - MPO Director - stated they will be updating the long range transportation plan - horizon year is 2030 looking at population numbers. Also looking at an Intermodal Grant - 50/50 Grant -just to look at access to the Airport - not part of the overall 175 bypass issue. Need to keep looking at the FDOT's strategic Intermodal system (SIS) - will be a Committee that will work on project selection and prioritization. Governor hasn't selected members yet and would be beneficial for Collier County to be supportive. Mr. Mudd wondered how they get a seat on the SIS Committee and be involved if that is what the Commissioners want to do. Mr. Limbaugh will send out more information to Mr. Mudd. Page 6 September 16, 2003 Commissioner Coletta and Commissioner Halas left at 10:50 ANI. Ew Lobbying Strategy - options are: - Hire a general lobbyist on an annual Contract. - Hire an issue specific Lobbyist. - Join or participate with local lobbying organizations and/or state-wide professional organizations (FAC, FL League of Cities) - Utilize staff member in conjunction with Commissioner to lobby on specific issues. Commissioner Coyle felt the biggest problem is reacting to the information and making sure we are on top of things. It can be accomplished by the County Manager with the staff members. Could then lobby directly themselves, or going to the FAC and encourage them to lobby on a particular issue or hire a specific lobbyist on that particular issue. Commissioner Fiala felt aside from the Florida Assoc. of Counties, what better lobbyist is there then someone that has a direct benefit. If they are from within their County Government, they will know that subject better than anyone and have something to gain. Hiring someone from the outside she questioned the benefits received. - Jake Ross - Executive Assistant to Clerk of Courts, Dwight Brock - Tracking issues is a key issue. Unless there is significant dollars to spread around, hiring a lobbyist is a waste of money. They carry the message, but they put people together that can make donations. - The thing that sways Legislators most is when another elected public official appears in their office stating their problem in their sphere of influence, and asking for help. - Staff is most useful to carry the information - experts in their particular fields. - Important for the Board to get to know the Chairman of Appropriations. - Continuing presence is important. - Staff gets to know staff and that's where the work gets done. They will carry the message. Critical work gets done by staff; the Board makes the policy decisions. - Work gets done in Committee and staff will identify where the Bill will go and be assigned. - If the Rules Committee Chairman doesn't want to hear it - it will not get heard, if the Speaker of the House doesn't want to hear it or the President of the Senate, it will not get heard. The Committee assignments are made and meet the third week in November. Mr. Ross doesn't feel the Counties dollars are well spent on Page 7 September 16, 2003 hiring a lobbyist - they can do it themselves, and can be much better and more effective. Commissioner Itenning stated he agrees with Commissioner Coyle and ask their staff to assist the Board of Commissioners on issues and bills in Tallahassee, nix the lobbyist and save some money for the taxpayers. If there is a specific issue they need to be proactive on, and then hire a special lobbyist for that particular item. It was a consensus of the majority of the Board of Commissioners as to the above and also hires "an issue specific" lobbyist if needed as a last resort. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:05 AM. ATTEST':'' DWIGHT E. BROCK, CLERK ,m_ Attest as to Cha,t~" ~ ~ieOnat~re' only.. ~ ~ . se minutes appro~d hy the goard on As presented ~ or as co~ected BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS TOM HENNING, CHAIRMAlXF Page 8