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BCC Minutes 11/02/2007 W (2008 Legislative Priorities) November 2, 2007 MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS AND COLLIER COUNTY LEGISLATIVE DELEGA TION PRE-2008 LEGIS LA TIVE SESSION WORKSHOP Naples, Florida, November 2, 2007 LET IT BE REMEMBERED, that the Collier County Board of County Commissioners and Collier County Legislative Delegation in and for the County of Collier, having conducted business herein, met on this date at I :00 PM in a WORKSHOP in Building "F" of the Government Complex, East Naples, Florida with the following members present: CHAIRMAN: Commissioner Jim Coletta Commissioner Donna Fiala Commissioner Tom Henning Commissioner Fred Coyle ALSO PRESENT: Garrett Richter, Florida State Representative Sandy Mummert (representing Burt Saunders, Florida State Senator) Sheri Davic (representing Trudi Williams, Florida State Representative) John Norman (representing David Rivera, Florida State Representative) David Weigel, County Attorney Sue Filson, Executive Manager to the BCC James Mudd, County Manager Debbie Wight, Assistant to the County Manager CQ~r County :'\Hi:; 'IPji l'iC,:"'liiib::;:i:I' Board of County Commissioners Collier County Legislative Delegation Pre 2008 Legislative Session Workshop Friday, November 2,2007 1 to 4 p.m. Agenda I. Introductions II. Property Tax Relief & Reform/Special Session Summary - Open Dialogue & Discussion - Representative Garrett Richter, Chairman, Collier County Legislative Delegation III. Collier County's Proposed 2008 State Legislative Priorities - Open Dialogue & Discussion - Collier County Commissioner Jim Coletta, Chairman, Board of County Commissioners IV. Other Topics V. Public Comment VI. Adjourn November 2, 2007 The Workshop was called to order at 1:01 PM by Chairman Coletta. The Pledge of Allegiance was led by Commissioner Coyle. I. INTRODUCTIONS The various parties introduced themselves. II. PROPERTY TAX RELIEF & REFORM SPECIAL SESSION SUMMARY- OPEN DIALOGUE & DISCUSSION-REPRESENTATIVE GARRETT RICHTER, CHAIRMAN, COLLIER COUNTY LEGISLATIVE DELEGATION Mr. Richter initiated by noting that Mike Davis will be missed by all citizens of the County. He stated that the Florida Legislature had 4 special sessions this year which addressed the following issues. · Insurance Reform . Budget Shortcomings . No Fault Insurance . Property Tax Reform Property Tax Reform Bill will be placed on the ballot for voter approval or rejection on January 29,2008. The referendum will require 60 percent vote and is intended to provide the citizens ofFJorida with property tax relief. He noted the following points of the bill: · A provisions for portability where Homesteaded homeowner benefits may utilize the "Save Our Home" benefit when purchasing homes of higher or lower values; also a minimum exemption increase from $25,000 to $50,000 with the additional $25,000 being eligible for properties valued between $50,000 and $75,000 and · A 10 % cap on Non-Homestead/commercial property owners · A $25,000 exemption for business personal property tax Commissioner Fiala inquired regarding the issue of Statewide portability vs County portability. Mr. Richter stated the version of the bill provides for Statewide portability as opposed to County portability. Commissioner Coletta noted that the Commissioners were in favor of "County" portability not to protect Collier County, rather protect Counties that may be affected by an eroding tax base by citizens relocating in and out of Counties. Mr. Richter noted there is a provision in the bill to aid in protecting these County's by re-imbursements for lost revenues. Commissioner Coyle asked whether the item will be a single ballot item or the items broken out for voting purposes. Mr. Richter stating it was his understanding it is a single ballot item 2 November 2, 2007 Commissioner Coyle noted that Mr. Richter and his colleagues should be sure to address the character of neighborhood and quality ofIife impacts that this bill creates with purchases of residences or living arrangements less than $50,000 creating a smaller tax base. Mr. Richter noted that individuals choosing to reside in Florida and take advantage of this exemption create a trickle down effect by providing dollars to the local economy. III. Collier County's Proposed 2008 State Legislative Priorities-Open Dialogue & Discussion-Collier County Commissioner Jim Coletta, Chairman, Board of County Commissioners · Continue Efforts to Decrease Insurance Costs Commissioner Coletta noted that subsequent to passage of property insurance reform many individuals have received rate increases. Mr. Richter stated that a bill was passed in January and did not believe the bill reduced premiums as intended, however it did create a reduction in the rate of increases in 2007; some reductions have occurred and presented a homeowner statement indicating a reduced premium. Commissioner Coletta noted that the citizens continue to support Mr. Richter's property insurance reform efforts · Affordable Housing - Remove Cap on Sadowski Housing Trust Fund Commissioner Coletta stated that the County is in favor of removing this cap and requested an update on the issue. Mr. Richter stated there is a possibly of proposing a bill removing the cap, and if so, he will seek to co-sponsor the bill. Commissioner Fiala requested Mr. Richter research the status of the bill and report back to the Commission. Also that he request Senator Saunders participation in this issue. Keith Arnold, Lobbyist stated he will assist Mr. Richter if needed on proposed language. · Protect Impact Fees Mr. Richter noted that ifhe would ensure that impact fees do not adversely affect the economy in reductions of new home construction and development and if reduced or eliminated it should be tied to an increase in property transfer fees to offset the revenue losses. Commissioner Coyle noted that it is a misnomer that the governments set impact fee rates. They are determined by the construction industry who builds projects that the taxpayers fund and then charge the taxpayers for the services. These charges are recouped by rates set accordingly by lawmakers in the following year. As construction costs rise or fall, impact fees rise or fall accordingly. 3 November 2, 2007 He noted documentation stamps are not a good replacement for the impact fees as they are not economically reliable. Ifreal estate transfers decline, planned infrastructure still needs to be constructed by the taxpayers. Commissioner Henning stated he is not in favor of transfer fees, as they don't address the true impacts of infrastructure demands. Commissioner Fiala stated that she is not in favor of transfer fees. Commissioner Coyle noted that the impact fee cap bill failed previously because of a provision linking the bill to real estate transfer fees offsets. Mr. Arnold for the record, clarified the Commissions position on the issue that the real estate transfer fee should not be a stand alone bill, however if the Legislature is in a position to lower impact fees, it needs to be offset by a real estate transfer fee. The Commission was in agreement with this statement. · Protect Home Rule Commissioner Coletta stated that Home Rule allows the local lawmakers and citizens of the locality who are in the best position to make decisions in the best interest of the constituents. Commissioner Coyle is in favor of Home Rule. Mr. Richter is opposed to Home Rule. · Transportation Funding Tied to Seat Belt Use Mr. Richter noted that the bill currently proposed contains an exception of mandatory seat belt use for vehicles 5000 pounds and over. Mr. Arnold noted this issue affects the amount of eligibility of Federal Highway funds. · Cameras at Intersections to Catch Red-Light Runners Mr. Richter stated his support for this proposal. Mr. Mudd noted that studies have shown that red light running accidents create a high percentage of fatality accidents. In addition studies have shown that this proposal not only reduces red light running improving public safety but provides revenue to the State and localities as a bi-product. Mr. Richter noted that the primary goals of the proposal are law enforcement and safety. · Request Change in Florida Statutes to Elect Rather than Appoint South Florida Water Management District Governing Board of Members This item was removed from the list · Address Issues of Concern in Consultants Competitive Negotiation Act (CCNA) Mr. Mudd stated this proposal would allow price as a consideration in the initial selection stage of firms involved in the CCNA process. Mr. Richter would present this item to the delegation. 4 November 2, 2007 · Monitor Growth Management Developments Mr. Mudd stated there are 2 growth management bills that have been filed for the next session verifying the Commissioners position shown on Page 5, tab #4 of the hand out which states in part, In any event the State Legislature poses reductions in property taxes or existing revenue streams, or establishes a statutory cap on the use of impact fees, then said reduction associated with an unfunded mandate where in the results be a finding of compliance by the DCA with the respect to the capital improvement element with that said the capital improvement element being considered financially feasible regardless of the Statutory requirements ofCh.163 of the Florida Statutes pertaining to the process and criteria of financial feasibility. He also stated the overall issue is that if the Legislature proposes changes in property tax, impact fees, or funding sources, then the funds requested previously for improvements be grandfathered away from the proposed reductions. Commissioner Coyle provided the example of the Davis Boulevard and Collier Boulevard intersection improvement project. He requested Mr. Richter's assistance in this issue. Break: 2:30 PM Reconvene: 2:45 PM · Support Any Attempt to Enforce Immigration Laws * Encourage State to implement statewide the Collier County Sheriff and Tax Collector task force programs * Encourage State to file lawsuit against federal government for failing to enforce immigration laws Commissioner Coyle opened the discussion with the tax burden created by illegal immigration and also cited the following annual unnecessary expenses to taxpayers of Collier County: · 9 million dollars for housing criminals committing crimes · 40 million dollars for education · 2 million dollars for infant deliveries · 3 million dollars for emergency room care . 2 million dollars for emergency medical services The total to each individual Collier County family is $1000 dollars annually. The total costs are approximately $65-70M annual not including injuries, property damages, crimes committed, etc. leading to approximately $90M dollars a year. The County has taken it upon themselves through the Sheriffs and Tax Collector 5 November 2, 2007 Department to develop an enforcement program which serves an example that should be initiated and mandated Statewide. He requested Mr. Richter sponsor a bill to model this program. Mr. Richter noted the point was well taken and agreed illegal immigration is a problem. Commissioner Henning stated that the Federal Government refuses to enforce the existing laws and has failed in doing their job and securing the borders and enforcing immigration laws. He requested the State of Florida sue the Federal Goverrunent for not enforcing immigration laws and recoup the money the non- enforcement of immigration laws has cost the State of Florida. · Support the Takeover of the Collier County Housing Authority from the State Commissioner Coletta stated this agenda item is not worded correctly and is intended to address the issue of Collier County havillg the Right to Appoint the Members of the Board of the Collier County Housing Authority. Currently the Housing Authority members are appointed by the Governor. He noted the local representatives have a better understanding of the persons qualified for positions, as well as past performances on the various Boards, etc. Mr. Richter stated he would support this proposal. Commissioner Fiala asked if the illegal immigrants are eligible for affordable housing. Essie Serrata of the Collier County Housing Authority responded eligibility requirements ensure legal citizenship or permanent resident of legal status. Mr. Arnold asked for clarification of the issue, whether it was for the Housing Authority appointments solely or other County appointments and is this proposal specifically for Collier County. He also asked if would be considered a Special Act or a General Act? Mr. Weigal, County Attorney, stated a Special Act could be used as the vehicle for Collier County; the other alternative is a General Act for all Counties. Commissioner Coletta noted he would not support a proposal that would target one particular Board or Agency such as the Housing Authority. He stated he would support it as an item for all Board appointments within the County. Mr. Richter clarified his position that he supports the theory of County Commissioners appointing Board members, not one particular Board or another without reviewing the issues. Commissioner Henniug stated it is actually the appointment of Housing Board members that is on the Agenda. IV. Other Topics Commissioner Coyle summarized the priorities from his standpoint: 6 November 2, 2007 · Continued property tax reform measures creating a comprehensive solution to achieve meaningful tax reduction to the citizens of Florida which the current proposal does not address. · Insurance reforms such as an Insurance pool beyond the State of Florida such as a National pool or a regional pool involving the Gulf States and "wind states" (Oklahoma Missouri, Kansas, etc.) . Protect Impact Fees and req uested Mr. Richter address the Commissioners before taking any positions on Impact Fee proposals at the State level · Address the immigration laws and necessary enforcement IV. Public Comments Essie Serrata, Collier County Housing Authority, addressed the Commissioners and stated that the Authority would oppose any attempts for law changes that would enable the Collier County Board of Commissioners appointing Collier County Housing Authority Board members. Mr. Arnold requested clarification if this issue should be taken in front ofthe delegation. Mr. Henning noted it is on the agenda and local lawmakers know what the best is for the County and if it requires a Special Act it should be considered. Mr. Coyle noted that the County deals with Affordable Housing issues. It is natural for the Commission, having the power, to appoint members to the Board, and would not affect the Housing Authority. Mr. Mudd noted that the Special Act language needed to be in by Monday, November 5th and requested direction from the Board of County Commissioners. Ken Thompson, Attorney for the Housing Authority noted that the appointment language is derived from Federal Law and changes may have ramifications. Mr. Coletta requested the Housing Authority provide the last 6 months minutes to the Commissioners. Mr. Weigel requested a straw poll on whether he should proceed with a Special Act proposal. Commissioners Fiala, Henning and Coyle indicated yes, Commissioner Coletta indicated no. There being no further business for the good of the County, the meeting was concluded by order of the Chair at 3:26 PM. 7 November 2, 2007 BOARD OF COUNTY COMMISSIONERS - 2008 LEGISLATIVE DELEGATION WORKSHOP JAM~1Jt . ~ ( , I ,. ATTEST: ',' IGH E. BR9CKi-CLERK ~'Atu~t~' to ~1 . s I gnat;)".. 0111-, ,,' < . :;,'t'.; ,,\ These Minutes weryq>proved by the Board/Chairman on ~O\lef/\\:'ev z)2rxn, as presented V, or as amended ' 8