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BCC Minutes 10/19/2004 W (2005 Legislative Priorities) October 19,2004 TRANSCRIPT OF THE BOARD OF COUNTY COMMISSIONERS LEGISLATIVE WORKSHOP Naples, Florida, October 19, 2004 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, met on this date at 1 :00 PM, in WORKSHOP SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following present: CHAIRMAN: Donna Fiala, Commissioner, District 1 Frank Halas, Commissioner, District 2 Tom Henning, Commissioner, District 3 Fred Coyle, Commissioner, District 4 Jim Coletta, Commissioner, District 5 ALSO PRESENT: James Mudd, County Manager Burt Saunders, State Senator Bill Lorenz, Environmental Services Director Beth Johnssen, County Manager's Office Mike Davis, State Representative, One-Hundred First District Marjorie Student, Assistant County Attorney David C. Weigel, CountyAttorney Mike Smykowski, Budget Director Norm Feder, Director of Transportation J. Dudley Goodlette, State Representative, Seventy-Sixth District John Norman, on behalf of Representative David Rivera, One-Hundred Twelfth District Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ LEGISLATIVE WORKSHOP AGENDA October 19, 2004 1 :00 p.m. Donna Fiala, Chairman, District 1 Fred W. Coyle, Vice-Chair, District 4 Frank Halas, Commissioner, District 2 Tom Henning, Commissioner, District 3 Jim Coletta, Commissioner, District 5 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. 2003-53, AS AMENDED, 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. 1 October 19, 2004 ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP 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 T AMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. Discussion Regarding Possible 2005 Legislative Initiatives: Partial Year Assessments Gas Tax Indexing Real Estate Transfer Tax Tax Collection for School District Public Records Exemptions Removal of Plantation Island from the Big Cypress Basin Area of Critical State Concern Emergency Preparedness for Assisted Living Facilities Community Shelters at Manufactured Home Communities Delay between Petition Requests for Referendum Vote Discussion of Additional Initiatives Input/Comment from Local Legislators 2 October 19,2004 October 19,2004 Chairman Fiala called the workshop to order at 1 :00 PM and the Pledge of Allegiance was recited. Madam Chair introduced County Manager Jim Mudd and directed him to conduct the meeting. Mr. Mudd stated that last year's workshop took place in September in time for the Florida Association of Counties meeting, but the hurricanes interfered with the originally scheduled date, and they were therefore meeting today to discuss items to be placed on a draft agenda to present to the Southwest Florida Managers; and ultimately what issues to present as a regional group. ITEM: Partial Year Assessments Mr. Mudd began with a recap of the Homestead Exemption issue. We will have to diversify our revenue stream once impact fees are reduced. Mr. Mudd explained the past structure of impact fees, stating that the law must be changed to tax a resident from the date of move-in, as opposed to a partial year assessment, e.g.; a November taxation for a January move-in. Commissioner Coyle commented that not all Counties in Florida exercise this option. Weare asking for a local option to do this. Mr. Mudd stated that our tax collector would need a couple extra employees to collect the tax. ITEM: Gas Tax Indexin2 Mr. Mudd discussed the market driven aspects of increasing and decreasing prices. It is difficult to speculate oil prices, and we must consider the miles of pavement we will have to maintain once impact fees are reduced. Commissioner Coyle stated he is in full support of indexing. ITEM: Real Estate Transfer Tax Mr. Mudd began a discussion of the item by saying the transfer tax is a dicey item. Re-sales currently provide a transfer tax. The transfer tax would offset the burden. The impact fees that we collected in 2003 were right around $63 million. If we had a one percent transfer tax rate, which equates to almost $69 million, it would totally offset and exceed by some $6 million. Mr. Mudd explained to the Commissioners that it is a viable option as Collier County builds out. Page 2 October 19, 2004 Chairman Fiala commented that East Naples business owners feel that renovating would be a better option than incurring impact fees, and wondered what the transfer tax would do to the redevelopment effort, and sees it as a disadvantage. Commissioner Coyle opened that we need to find another way to use the funds. The transfer fee should be applied to someone just moving into the County, and not to an existing homeowner moving within the County. Those who have built new homes have already compensated the government for their impact on the infrastructure. Commissioner Coyle feels it would be dangerous to cast this as a tax for an additional impact, and is reluctant to present this new tax as a way of getting money for underground powerlines. Commissioner Coletta would support a transfer tax as an adjustment for weaning impact fees. Commissioner Halas commented that many are moving into Collier to purchase older homes. Everyone should pay a fair share. Existing homes currently don't incur an impact fee. Mr. Mudd stated that we are not calling it an impact fee; but rather an offset to an impact fee. Commissioner Henning remarked that the impact fee was included in the price of his home. The transfer fee is not the best vehicle. Upon selling his home, it would incur an additional fee again. We need to discuss this more within the community. Commissioner Halas commented that impact fees ensure that we have concurrency whether it's in roads, utilities or schools. New residents should be obligated to pay a transfer tax. If they have children, schools, EMS and fire services will be needed, and new residents should have to pay for it; and not those moving from one home to another. This is the real way to address growth. Commissioner Coletta recapped that although we strive to control growth, approved PUDS do generate impact fees to build roads. Ad valorem taxes would go up to make up for the losses of it. Commissioner Halas commented that when this issue is presented to the F AC, the amount of taxation may not be sufficient for counties at the max limit. Senator Saunders stated that levying an impact fee is a local issue. The legislature may identify a revenue source. The issue is do you support the concept of a real estate transfer tax to give local government some relief, to be used as deemed appropriate. Mr. Mudd commented that from his experience, $1.9 million in taxes goes to school construction and renovation. A one-percent transfer tax would offset the impact fee and the ad valorem tax levied by the schools. The Commissioners will be required to debate the issue down the road. Chairman Fiala stated that we are not far along enough in discussing the issue to present it to our legislators, and would say "no". Page 3 October 19, 2004 Commissioner Henning stated he is willing to "add tools to the tool box," as long as it is a local issue. Commissioners Halas and Coletta voted Yes. A 3-2 vote was noted by Chairman Fiala. Tax Collection for School District Mr. Mudd went on to the next Agenda Item involving Tax Collection for the School District. He queried as to why we pay ad valorem tax fees for the City of Naples and Marco. The schools do not levy their own millage rate. Commissioner Coyle asked what the total tax amount is and what percentage does the $9 million fee represent. Mr. Smykowski offered that the tax collector fees are set by Florida Statute. On the first $100,000 of taxes levied, he collects 3 percent; and ultimately ends up 2 percent on average. He funds his operation, and the excess fees come back to the Board. The $9 million is before turn back. Mr. Mudd explained that the Statute closely sets what the taxpayer is supposed to need. Commissioner Halas questioned why it is the obligation of the counties to pay for tax collection, and stated the law needs to be revised. Mr. Mudd commented that taxpayers pay into our general fund. We pay fees for their incorporated city taxes, and there is a nexus there; however, Mr. Mudd has difficulty finding a nexus on the school side. Public Records Exemptions Beth Johnssen summarized that a database to contact people in the event of a disaster via e-mail or phone is public record, and unfortunately can be requested by businesses. Dan Summers is hopeful that this type of information will be necessary for homeland security. Weare competing for wireless connection. We would like to be able to override an emergency message, and feel it is important to have these exemptions available to us. Commissioner Coyle wondered if the Commissioner's credit card and Social Security numbers are available to the public. David Weigel responded that we have removal abilities for social security numbers and some personal information, but is not certain that credit card numbers are exempt. Chairman Fiala voiced concern about information becoming known that appears on Commissioner's check payments. Page 4 -----. October 19,2004 Beth Johnssen stated that in applying for an animal license, an Ordinance requires the provision of personal information, and this information is being solicited in marketing business services. Removal of Plantation Island from the Bi2 Cypress Basin Area of Critical State Concern Bill Lorenz recapped that this item was brought to the Commissioners in July of this year concerning the problem we had in Plantation Island as a result of the State incorporating it into the area of critical state concern. In a nutshell, the state standards do not allow for any development or alteration of property, if that alteration has impacts or destroys mangrove trees or salt marsh grasses. Most of the lots on Plantation Island contain that vegetation. Due to the size of the lots, they do not have any degree of reasonable use without disturbing the vegetation. The Board directed staff to go back to the State and request that they modify the boundary of the area of critical state concern, in essence removing Plantation Island from that boundary. Commissioner Coletta commented that it is important to get all the facts out to the public. The lots became infested with mangroves after canals were dug by residents to make their lots waterfront. Due to nonuse of the lots by resident's inability to afford to build, the lots became infested. If we do not get the lots back to the point where they can fit a dwelling, there could be a taking by the County of these lots. Commissioner Coletta asked Marjorie Student to comment. Marjorie Student stated that the County Attorney Office cannot predict what a Court may do. A property owner could assert a takings challenge, and a judge may find that the inability to use the land because of the mangrove is a taking, and the local government would have to pay just compensation. Ms. Student recapped for the Board the options presented at the July 27, 2004 Board meeting. DCA has the authority to amend the Rule, but by going forward with a statutory exemption, it would place the burden on the DCA to amend the Rule. Another option would be to pursue a growth management plan amendment and land development code amendment that would allow for variances in the area, followed by certain criteria that would have to be met. For those allegedly unable to use their property, we are looking to the quickest means to accomplish a resolution. Commissioner Halas queried as to who gave the people the original go-ahead to buy and subdivide the property into lots. Ms. Student responded that the plat is unrecorded and unregistered, and that an original developer prior to 1973 came up and developed. Commissioner Halas asked Commissioner Coletta why the mangroves need to be cut down if they are in a low swamp area. Page 5 October 19,2004 Commissioner Coletta responded that the current law does not even allow for cutting down the mangroves to allow for an imprint of a home. Mr. Mudd reiterated that a homeowner stated he cannot put his trailer on his land due to the constraints of its present condition. Commissioner Coyle felt we could solve this with a growth management plan revision and wondered if we really need to take this to the legislature, and wondered why the issue is being treated as an emergency. Ms. Student responded that the State rule would still apply to a revision. Residents would like to do something to their property, and this is where the "urgency" comes in, in that permitting becomes an issue. A DEP permit does not take into account the Department of Community Affairs. There is a pending Code Enforcement case involving folks in this area awaiting resolution of this matter. It is up to the Board how we approach this issue. Commissioner Coletta summarized that we all agree something has to be done, and it would mean a lot to the residents there to resolve this through presentation to the legislative delegation. Commissioner Halas questioned how many lots/canals are involved. Commissioner Coletta stated these canal lots have value in that they were bought in good faith, but cannot be built on unless the mangroves are trimmed. In referring to the visual, not all the green area is mangrove, but pepper hedges, which can be removed. Mr. Mudd clarified that the Board directed that we get the State to modify its overlay, per se, so that we don't have an umbrella on the Plantation Island, and we can amend our code. Commissioner Coyle asked for further clarification, and Bill Lorenz offered that we indeed need to let the State know what the requirements would be to minimize the amount of marine wetland vegetation that would be impacted to allow someone use of their lot. Chairman Fiala asked that we hear from our legislators after a break. Emer2encv Preparedness for Assisted Livin2 Facilities Community Shelters at Manufactured Home Communities Mr. Mudd voiced concern about the content of a recent Naples Daily News article referencing mobile home shelters in Collier County. Mobile home parks take the brunt of the hurricanes. How can they help themselves? Mr. Mudd feels the parks should be required to have their own community shelter facility to offset the burden of providing shelter for other residents living in dwellings built prior to the revision of the building codes. Page 6 October 19, 2004 Mr. Summers spoke on nursing home facilities needing to improve their internal emergency management planning. A generator should be able to handle durable medical equipment and air. We need to come up with a formula that would shelter-in-place rest home residents and require they have generators for cooking, and air conditioning. Mr. Summers commented further that the aging and medically frail need facilities that provide continuity of care. The inland counties have been affected as well. With teamwork, Mr. Summers offered that we can better manage an emergency. Commissioner Coyle asserted that public hearings may be an avenue for obtaining the public's reaction to these issues. There are lots of issues we need to collect data on before going to Tallahassee. Commissioner Halas feels we need to go to the legislature to require that nursing home facilities have generator power to be self-sufficient for at least three days, and that the demand for functioning power during an emergency cannot be thrown on local government. Chairman called for a recess. Input/Comment from Local Le2islators The second portion of the workshop began with Chairman Fiala introducing Mike Davis, the Chairman of the Legislative Delegation. Mike Davis agreed that no one present wants to put additional tax burdens on the citizens. Mistakes were made in the beginning regarding the local gas taxes. By monitoring the F AC to see what their agendas will be, we will get a better idea of how to drive legislation through the House and Senate. Mike Davis took note of the Plantation Island issue and would like to see the rule- making process to correct the issue without a huge investment of time. Representative Rivera will meet with Bill Lorenz tomorrow to further discuss this matter. The post '94 manufactured housing faired well in Punta Gorda. We don't want to overreact and put undue burden on those who have done the right thing. Chairman Fiala queried as to how mobile home park residents will have enough money to build a local shelter. Mike Davis responded that the 2005 session may well be the hurricane session. We can take Collier's Land Development Code's requirement to have a shelter constructed in new mobile parks to the legislature. Senator Saunders appreciated the opportunity to be present at the workshop. He began by saying that sentiment in Tallahassee over the last several years has been no new taxes. Folks have considered the indexing of local option gas taxes as an increase of taxes. He is willing to follow this issue again in the Senate. Senator Saunders presented the advantages of Lee County's Shell Point Village's use of its parking garage as a storm shelter. There is little capital cost in sheltering at Page 7 October 19, 2004 Shell Point. Generators provide for fans and cooking gas. People who need little medical assistance can move in quickly; and we should look at this option in Collier. Regarding the Public Records Exemptions Item, Senator Saunders commented that there is no reason that credit card numbers should be public record, and any documents crafted by the County Attorney on this issue should be very narrow. Representative Goodlette expressed his pride in the relationship with local government and the elevated quality of discussion that enables elected officials do their job better; and applauded the County Manager for establishing the forum. There will be two upcoming legislative hearings. One scheduled in Immokalee for November 23rd and one in the County Chambers at 2:00 p.m. on that day. Many local issues will arise at that time. Representative Goodlette commented on the Partial Year Assessment and the notion that it is unfair for those unable to live in their homes right now due to the hurricanes, to pay taxes. A partial year assessment will have real merit this year. Enough has been said about the gas indexing. Local government should be able index their own gas tax. Regarding the transfer tax, it is a legal issue that Attorney Weigel will have to give us some advice on. Representative Goodlette went on to say that impact fees are fees, they are not impact taxes. Transfer taxes are taxes, not fees. Regarding Public Records Exemptions, Representative Goodlette suggested the Board contact the First Amendment Foundation as a venue to run any public records exemptions that the Board has identified a need for. Regarding the Plantation Island issue, the legislative time frame is as follows: The Senate and the House will have until the last week before March to file bills in this process. If the Board advances what they need to do, there will be an opportunity to provide relief, Commissioner Coletta is looking at that for the residents of Plantation Island, without waiting another year for the legislature to take action. Representative Goodlette stated that there exists a constitutional mandate to accomplish universal Pre-K for four year olds by the December 13 time frame, and that they must address the elements of the Governor's veto on this matter. Tie-downs on mobile homes and burying power lines will not be special session issues. We need to hear from folks through the deliberative process of public hearings at the State level. Continuing with his overview of the Agenda items, Representative Goodlette commented that most of the hurricane-related legislation will be in a regular session in March or April, 2005. We may do some CAT fund planning in December, so that the insurers will know what the rules are. What were the deficiencies in state law and local ordinances that gave rise to the damages? Through forums such as this, we can establish realistic expectations of the legislative process. Commissioner Henning addressed the Board by saying that the delegation members only have the ability to file so many bills. We need to take the comments made Page 8 October 19, 2004 today and use them to formulate the Board's wish list to present to the delegation. Other items should be taken to FAC. Commissioner Coyle queried as to why he hadn't heard any comments on tax collection for the school district? Senator Saunders [verify] candidly responded that it is easier to do nothing and leave the status quo, than it is to do something and start taking money from the school board. Representative Goodlette commented that as property values rise, we have not had to raise taxes. When it goes in the other direction, the question becomes who will raise the taxes--the County or the schools? Some of these issues are perpetuated because of inattention to it. The best time to address this is when people's property taxes are not being raised. John Norman spoke on Representative Rivera's behalf saying that Rep. Rivera is appreciative of what Collier County did for him in the last election. If there is anything we can do for the Board, we are located across the hall. Representative Davis commented on his association with the I-75 Ten Laning Issue and Sen. Saunder's efforts to get the Senate bill through and over to the House in the last session. The Bill is back in bill drafting again. Representative Davis feels we have a Bill that everyone agrees to and it is our intent to go forward. He has met with the turnpike enterprise folks regarding open-road tolling, and the additional four lanes to the six that are already under construction. There has been some modeling update between Norm Feder and his Lee County counterpart. In about 30 days, after meting with Commissioners Colletta and James in Lee County, Rep. Davis will see where we go from there, and have a better understanding of the financial feasibility of the expansion. Commissioner Coletta interjected that 82 is being recognized as an important connector road. Representative Davis stated the December 10 regional delegation meeting will be another opportunity from the transportation perspective to remind folks of the link between Collier, Lee and the small piece of Hendry County. Commissioner Coyle queried as to whether the idea of a high-speed lane for travel is still a possibility. Representative Davis answered that as the density of our urban area increases, the ten-lane light rail envelope will be looked at strongly. Chairman Fiala concluded the meeting by thanking all who attended, and for the great effort County Manager Mudd made in putting everything together. Page 9 · :~\ ~~, : :", .' ...; -'", ¡.. j .' . October 19,2004 ***** The meeting was adjourned at 3:30 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO VERNING BOARD (S) OF SPECIA STRICT~ ITS CONTROL. IALA, Chairman ..~"" "f..: ,r ".: ~, ATì~ST~ '. ..'; ."Ii D~Ht-·¥. B~9è~,}CLERK ~"_;~O.(. s i ~~é1mnMés approved by the Board on J I r \ lp - 0 L, as presented V or as corrected . Page 10 .._"'~"".,--~... .,-",~'-'--_.>^""" ----