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BCC Minutes 05/15/2007 W (Charter Government) May 15, 2007 MINUTES OF THE MEETING OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CHARTER GOVERNMENT WORKSHOP Naples, Florida, May 15,2007 LET IT BE REMEMBERED, that the Collier County Board of County Commissioners, Constitutional Officers and the Productivity Committee, held a Charter Government Workshop in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in WORKSHOP SESSION at Administrative Building "F", 3rd Floor, Collier County Government Center, Naples, Florida, with the following members present: CHAIRMAN: Commissioner James Coletta Commissioner Tom Henning Commissioner Donna Fiala Commissioner Frank Halas Commissioner Fred Coyle ALSO PRESENT: John Barlow, Chairman Productivity Committee Jim VanFleet, Vice Chairman Productivity Committee Larry Baytos, Productivity Committee Brad Boaz, Productivity Committee Bob Dictor, Productivity Committee Steve Harrison, Productivity Committee Georgia Hiller, Productivity Committee Virginia Delegal, Florida Association of Counties Dwight Brock, Clerk of Courts Guy Carlton, Tax Collector Virginia Delegal, Florida Association of Counties Jennifer Edwards, Supervisor of Elections Don Hunter, Sheriff Abe Skinner, Collier County Property Appraiser 1 '0"\ 111-;. .....-..) r . . ", - ( --- ~ JI ,,\ Collier County Board of Commissioners Charter Government Workshop With the County Government Productivity Committee, Constitutional Officers, and Virginia Delegal from the Florida Association of Counties This meeting is open to the public May 15,2007 9:00 AM ~enda 1. Call to Order Jim Coletta, BCC Chairman 2. Pledge of Allegiance 3. Purpose and Intent of Workshop Jim Coletta, BCC Chairman 4. Presentation by Virginia Delegal Florida Association of Counties 5. General Discussion 6. Public Comments 7. Adjourn May 15, 2007 1. Call to order The meeting was called to order at 9:01 by Chairman James Coletta. 2. Pledge of Allegiance was recited. 3. Commissioner Coletta introduced Ginger Delegal, Florida Association of Counties for presentation. 4. Virginia Delegal, General Counsel Florida Association of Counties Slide Presentation: (a) Introduction: . Personal background infonnation was given. Ginger stated there is a long history of Charter Govenunent in the State of Florida . Functions of Florida Association of Counties: 1. Not for profit corporation 2. Tax Exempt 3. To aid Officials to better serve Floridians through education and advocacy (b) Counties: . Florida Counties are a political subdivision of the state . Municipal services are no longer what the state has mandated. Can be abolished by the state . There is tension and overlap of duties at both State and County level. . Florida Non Charter Counties have home rule power . Provide State mandated services and expansion services . 67 Counties of which 19 are Charter Counties . Provide Economic and Community Development, and protect Natural Resources (c) County Officers: . Indcpendently elected Officers carry forward County duties. . County Commissioners duties are set by state law (d) Authority: . Florida Constitution is the source of all County Power . Laws of Florida contain Special Acts which are passed by entire Legislature and effect a restricted geographic area . Home Rule Authority have the power to Govern locally without constraint (e) Charter Counties: Constitutional Powers: . Powers oflocal self-government that does not conflict with general law or special law. Direct grant from the people to govern . In the event of conflict between County and Municipal ordinances the Charter will decide which shall control . Privilege to chose form of Government . Power to alter duties of Officers 2 May 15, 2007 (f) Non-Charter Counties: Constitutional Authority: . Have such power of self-govenunent as is provided by General or Special law . Legislature granted Home Rule Power. Subject to Legislative will (g) County Form of Government: I. Legislative Branch i. Power to establish and alter the Districting scheme ii. Power to select Partisan or Non-Partisan elections iii. Alter statutory salary structure for County Commissioners 2. Executive Branch 1. Establish duties, functions, and qualification of Administrator ii. Policy setting carried forward (h) Power to Tax: . Few additional Revenue sources . Available Municipal Utility Tax, (i) Other County Officers: . Elected Charter Officers under authority of County Charter . Appointed Charter Officers operate as Department Head (j) Countywide Authority: . Citizen vote on conflicting policy . Stringent Standards for Municipalities . Provisions for Environmental Regulations (j) Citizen Participation: . Increased in Charter Government (k) Formation Issues: . Petition Process for Citizens . The Charter Commission would meet no less than 18 months. (I) Amendment Process: . Mandatory County vote 5. General Discussion Commissioner Halas asked in order to keep expenses down how many counties would be involved. Ginger stated she did not know what the savings would be. Commissioner Halas asked for a timeline. Ginger stated the process from start to finish would be about 18 months. Commissioner Coletta asked for a description of Special Act. Ginger responded Enactments that apply to Geographical area. Commissioner Coyle stated some features lend to political manipulation. How do we prevent loss of control? Ginger replied Charter indicates the level of power. It depends on the language in the Charter 3 May 15, 2007 Jennifer Edwards, Supervisor of Elections thanked Ginger. Stated the Elections Office conducted their research and would like to give a 10 minute presentation. Her presentation will be given after the Question & Answer period. John Barlow, Chairman Productivity Committee inquired about Cook County policies that were of great savings. Ginger replied she didn't know the answer. Tax watch reporting and research is not being conducted in this area. John Barlow asked if there is a preferred model recommendation Ginger responded there wasn't due to the differences in Counties. Commissioner Coletta asked which Smaller Counties were exploring Charter Government. Ginger stated the following: . Sumpter County, explosive growth, . St Johns, explosive growth . Indian River, 15 years of failed attempts Jim VanFleet, Vice Chairman Productivity Committee asked about the largest disruptive issues. Ginger stated there was an era of conflict with Constitutional Officers Bob Dictor, Productivity Committee asked if there were a lot of amendments. Ginger stated it is not an easy process. Pinellas County had 7-9 issues on the ballot with typically 2-3 amendments. Steve Harrison, Productivity Committee asked if broad powers are mandated. Ginger stated they are established in the functions and duties. Georgia Hiller, Productivity Committee, expressed the following concerns: . Collier County currently being heavily taxed . Increase in Sales Tax . Constitutional Officers functions eliminated . Regionality . Mistaken impression on County Commissioners recall process Ginger responded: . Need authority to levy tax . Charter Counties have higher tax burden which is not necessarily because of the charter . Elimination offunctions for Constitutional Officers is grounded by Florida Law . No opportunity for recall in a Non-Charter County Abe Skinner, Collier County Property Appraiser stated Polk County is a Charter Government which had a movement to include Officers and is now 4 May 15, 2007 experiencing a movement to do away with Charter Government. He asked if Florida Association of Counties prefer all Counties to be Charter. Ginger stated the vast majority are Non-Charter Dwight Brock, Clerk of Courts asked who she represented. Did she work with Bob Nabors, and that she made a blanket statement regarding charter government creating home rule. Also stated that in the last 5 years the public service tax in Polk County, Florida was 81.5 million dollars. Ginger responded: She represents the counties who are members and that the commissioners are the people who carry out the action. Charter government created the opportunity to have greater control locally. Guy Carlton, Tax Collector stated he is proud we do not resemble Miami Dade County. Commissioner Henning stated East Coast cities are getting larger but Counties are not. Inquired, for clarity under present form of Government, who is pushing the Charter Government issue and why. Commissioner Coletta replied it's free speech and was he implying that there was a hidden conspiracy? Commissioner Henning stated open Government works. Commissioner Henning asked what's broken, how can they fix it, and how can they work together without going to Charter Government. Commissioner Coletta responded nothing is broken and there is always room for improvement and good discussion. Commissioner Fiala quoted "If it's not broke don't fix it." Stated there is no reason to go to Charter Government. Commissioner Coletta asked if there is an instance where a Charter County dropped their resignation. Ginger replied there is an opportunity for it to happen but she is not sure if this has occurred. Commissioner Coletta stated it could happen via hostile take over. Proposed the following consolidation of offices: . Sheriff Department oversee all vehicles . Clerk of Courts oversee all hiring and firing . Tax Assessor oversee Highways and property purchases BREAK-I0:45 AM RECONVENED - 10:58 AM Don Hunter, Sheriff, endorsed comments of Georgia Hiller, Commissioner Henning and Commissioner Fiala. Stated Collier County is a Class A County and second to none. There is a clear record of checks and balances and expressed concern of proposed consolidation with Clerk of Courts in 5 May 15, 2007 overseeing hiring and firing, polygraph exams and background checks which are based on case law requirements. Jennifer Edwards introduced Tim Durham, Deputy Supervisor of Elections Tim Durham, Deputy Supervisor of Elections, gave a presentation on Charter Government Research. The following are his findings: . 10 year comparison study for 14 Counties, split 7 Charter 7 Non-Charter . Based on midsize Counties . Tax difference - none . Separate study conducted in 47 states, based on every county - home rule power counties showed violation of voting preference Questions followed: Commissioner Halas questioned statement that Collier County was cheaper than other 2 Counties, when the study shows a higher figure taken Per Capita Income for County Revenues. Tim Durham replied percentage taken from taxpayer is less. Commissioner Halas stated they are looking at every avenue to save taxpayer dollars. A Special Session on expenditures has been scheduled in June and will have a great effect on services for Collier County and the other 66 counties in Florida. 6. Public Comments Herald L. Hall, 1082 Rainbow Dr., recommends more public input before a decision is made for a Charter Govenunent in order to avoid mistake of 1984, elimination of the Sheriff and Clerk of Courts. Stated it provides an opportunity for corruption and overlooks cost and efficiency. Chris Straton, President, League of Women Voters, stated she is representing 177 members. Members are conducting a study to develop League position. To also have a better understanding of the pros and cons of Charter Government. Decisions on how Collier County is governed are vitally important. There were 3 failed attempts at Charter Government. Brenda Talbert, Executive VP, Collier Bldg. Industries Association, stated Collier Government has a balance that works. Bob Murray, stated topic should have been improving Government. Also stated there are reasons of separation of functions for efficiency. If grouped together they would lose their identity. Need to work on weaknesses and improve their strengths. Lou Vlasho, 6525 Crown Colony PI, Pelican Bay, stated not sure why they are here again. Bigger is not always better. Commit to working together and not wait 18 months. Work with the system in place. 6 May 15, 2007 Joyceanna Rautio, North Naples Resident, stated one thing missing was the topic of Special Districts. She was concerned about how the Independent Fire District consolidation ties in with a Charter Govenunent. They are ad volorum based and self taxed. She inquired to what degree the staff has researched consolidation. Jim VanFleet stated he did not know. Joyceanna Rautio stated she wanted it on the table because Special Districts are political subdivisions The Productivity Committee did not respond. Joyceanna Rautio asked if that was a component of Charter Govenunent. Productivity Committee responded "no" in unison. Commissioner Coletta asked Ms Rauho if she was bringing forward a concept. Jim VanFleet stated Ms Rauho was voicing a premature concern, one that would be addressed by a Charter Commission. Commissioner Coletta asked the Productivity Committee if they have made a recommendation on Special Districts. Productivity Committee responded"no" in unison. Joyceanna Rautio, Stated Special Districts and Fire Districts are separate Issues. Frank Messana, Imperial Golf Estates Resident, questioned how many members for a Charter Commission and what are the criteria for research Commissioner Coletta stated the current discussion is all the information available at this time. No point going in-depth until direction is defined. Commissioner Coyle stated an unfair conclusion was made at this meeting. The Productivity Committee had not made a recommendation. Stated he made a previous recommendation for efficiencies that could be achieved and put in writing to Constitutional Officers it was not a consolidation attempt. He received reluctance for involvement. The process has taken 2 years to be effective and save taxpayer dollars. He will need additional information to support a Charter Government. Expressed concern for possible deterioration of Home Rule by State Government. Cannot find a way to solve the State Government taking over decision making powers and reducing funds with a Charter Government. Encouraged Constitutional Officers to continue to work with the Productivity Committee. Thanked everyone for their good work. John Barlow stated the Productivity Committee is recognized differently in comparison with June oflast year. Commissioner Coletta stated Productivity function is more than just looking at a Charter Government or efficiencies of Constitutional Officers. Based on recommendations and budgets they have saved millions of dollars. He went 7 May 15, 2007 on record stating that if the law allowed the Productivity Committee to run County Government it would run very smooth. Commissioner Halas expressed his pleasure working with the Board and impressed with the credentials of the members. Consolidation of systems may be impossible due to security. The Constitutionals are under pressure due to alleged gross management. Taxpayers need to be viewed as shareholders. Interest has spiked from the productivity of tax dollars. Thanked the Florida Association of Counties for the presentation. Georgia Hiller stated Commissioner Coletta previously made a statement of a potential $30-40 million savings. She commented no study was presented to support those figures. Commissioner Coletta responded he never made such a statement. Stated, "I ask you to renounce your statement now." Georgia Hiller renounced her statement directed to Commissioner Coletta. She reinforced seeing the study and figures and questioned the basis of such. Larry Baytos, Productivity Committee, stated there was a study made in good faith. Memo was issued pointing out errors. The study Collier County showed was highest taxes due to higher level of service, but less efficient. Recommendation to receive assistance from experts. Georgia Hiller expressed concern about expanding the taxing power of the County as it would be a burden on the County. Dwight Brock thanked Tim Durham and Jennifer Edwards for the presentation. Confirmed the study Ms Hiller referenced quoted a $20-40 million savings. He did not see supportive data. The issue to Govern more efficiently needs to be constantly viewed. Constitutional Officers need to be more cooperative. His staff did and will provide necessary documents. Commissioner Coletta stated that topic should be saved for another meeting. Dwight Brock responded there were public statements made about his Department. Commissioner Coletta responded the discussion was not productive. Don Hunter stated members should be appointed. Also stated the Sheriffs department must be involved. Commissioner Coletta responded the Committee received his request to attend and was approved within 5 minutes. The Productivity Committee receives direction from Constitutionals and are stewards required by law. The people of the County dictate expenditures, the people control the Government. Abe Skinner expressed concern of comments made regarding lack of cooperation by Property Appraisers office. He voiced his concern about an article stating there was a lack of communication between the Commissioners 8 May 15, 2007 and Productivity Committee. Stated over the past 5 years the Property Appraisers had a budget reduction for 3 of those years. Commissioner Coletta responded they have received the requested information from the Property Appraisers office. Abe Skinner recommended a separate meeting to discuss same job descriptions with different benefit plans. Suggested review of June 13th (2006) report. The effectiveness was to improve the cost efficiency of support functions. During June 13th meeting asked for Policy Board and IT commitments. Requested some form of standardization for IT systems. Steve Harrison questioned what Non-Constitutional duties are being performed. There is always room for improvement and should be revisited. Agreed with the standardization of benefits. Guy Carlton gave recognition to John Barlow for attending the Tax Collectors meeting. Also gave recognition to the Clerks office and the Sheriff Department for an excellent job. Commissioner Coyle gave recognition to Guy Carlton, Sheriff, and Clerk of Courts for Drivers License program and being only State to do so. Stated property values are high, but very low in caparison with mileage. The following are affected by property values: . Impact fees . Building of Roads . Insurance rates. Commissioner Fiala agreed with Commissioner Coyle's statements. Guy Carlton stated the Property Taxing Authorities are setting the taxes. Commissioner Coyle stated as property values increase there is a price to pay with a trickle down affect. He also stated there is abundant of work for Contractors and the cost increases, construction cost increases, the cost of Government increases, and the cost of roads increases. Commissioner Henning reminded the Board of the following approved recommendations made by the County Manager which are in use. . Independent GIS Departments . Public information officers . 2 Code Enforcement Departments . Storm water . Community Development . Transportation . Big Cypress Abe Skinner requested to be contacted for any required information. Georgia Hiller stated property values have been decreasing. Need to implement realistic budgets 9 May 15, 2007 Steve Harrison stated the policy needs to be balanced. Brad Boaz stated focusing on a small percentage of the budget is the answer. John VanFleet stated "for the record" no recommendation was made to proceed with a Charter Government. He recommended to study the issues. He added a Charter Commission should be composed of citizens responsible for drafting the plan or government. He also stated that the Productivity and Constitutionals participating should have a better form of checks and balances to better serve the community. John Barlow stated a need for future growth to be better prepared. Take a different angle on recommendations given last June. Jennifer Edwards stated it is healthy to continue with communication and learning. Thanked Ginger and Tim for their contribution. Don Hunter stated there is a need for caution with this path. Added that Unions and Charters are a bad path. The course discussed would be disruptive for their present form of Government. Commissioner Coyle stated standardization for benefits need to be reviewed. Collier County has good constitutional Officers. Taxing Authorities set the taxing rate to generate the necessary funds based on market conditions and taxpayer demands. Commissioner Halas thanked Ginger for her neutral presentation, Tim for his research, and the Productivity Committee for their work. He stated to better serve the shareholders they need open minds. Commissioner Coletta said there is always room for improvement. They need to be productive for the taxpayers. ***** There being no further business for the good of the County, the workshop was concluded by order of the Chair at 12:56 P.M. 10 '''" May 15, 2007 COLLIER COUNTY BOARD OF COUNTY COMISSIONERS CHARTER GOVERNMENT WORKSHOP Commis f'" . ,'1 ~:' ~ .,\ ,\;- ""'~!~f;~I'~ Attesti"', d d.... :~: ~ Dwight ,&. ~,r()ck, Cl~~ h.t~{~~lQ~ ~ '.'. ',' C1\alrMl' , .ttest.~ to " 0"1 \l S \or,ctlJre ' These Minutes ap~d by the Board/Committee on as presented V or as amended . 1o/12/u+ 11