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BCC Minutes 11/14/2008 W (2009 Legislative Priorities) November 14, 2008 MINUTES OF THE BOARD OF COLLIER COUNTY COMMISSIONERS AND THE COLLIER COUNTY LEGISLATIVE DELEGATION PRE-2009 LEGISLATIVE SESSION WORKSHOP Naples, Florida, November 14, 2008 LET IT BE REMEMBERED that the Board of Collier County Commissioners and the Collier County Legislative Delegation, in and for the County of Collier, having conducted business herein, met on this date at 1:00 PM in WORKSHOP SESSION in the BCC Chambers, 3rd Floor, Building "F," of the Government Complex, Naples, Florida with the following members present: CHAIRMAN: Commissioner Tom Henning Commissioner Donna Fiala Commissioner Jim Coletta Commissioner Fred Coyle ( absent) Commissioner Frank Halas LEGISLATIVE DELEGATION: State Senator Garrett Richter Trudi Williams, Representative Jacob Hewitt (representing Representative Tom Grady) James Mullen (representing Representative Matt Hudson) John Norman (representing Representative David Rivera) Keith Arnold, Lobbyist ALSO PRESENT: Jim Mudd, County Manager Sue Filson, Executive Manager, BCC Office Debbie Wight, Assistant to the County Manager JeffK1atzkow, County Attorney November 14,2008 I. Introduction - Board of County Commissioners - Chairman Tom Henning The Workshop was called to order at 1:10 PM and the Pledge of Allegiance was recited. Chairman Henning introduced the Legislative members. II. Remarks on behalf of Legislative Delegation - State Senator Garrett Richter . New session brings new challenges to both Tallahassee and Collier County . Working with less revenue than in the prior year . Budget was reduced from $71Billion to $66Billion . There will be further reductions III. Review of Collier County 2009 State Legislative Priorities (1) Property Insurance . State-wide problem . Premiums have escalated - $6,000 to $8,000 for single family home . People leaving area due to high insurance rates and high deductible amounts . Reduce premiums by offering incentives to harden homes and mitigate hurricane damage (referred to: www.mysafeFlorida.com) . Share risk - spread over wider area to reduce premiums . Increase competition - even after hardening, premiums were not reduced by very much . Residents of flood-prone/coastal areas should pay more proportionally Position: Continue to monitor the issue. (2) Affordable Housing . Proposal: To remove Sadowski Housing Trust Funds cap to place more monies into the Counties . Rehabilitation of foreclosed houses is needed in order to place properties into the affordable market There was a discussion concerning the merits of removing the cap in the current economic climate. Developers are not interested in building multi-family projects. May not have negative impact on State's revenues. Position: Support removal of the cap on Sadowski Housing Trust Funds. (3) Impact Fees . DCA rules not yet finalized regarding tapping into $20M set-aside from C- WHIP program . Legislation was passed last year - no guidance regarding allocation of funds - if a County reduces its hnpact Fees by 25% for an I8-month period, it would be eligible for set-aside money . Only Charlotte County has reduced its hnpact Fees . Construction of new projects has stalled - hnpact Fees are "slim" . Issue is being examined by Collier County Position: Support maintaining Home Rule authority over administration of the County's existing Impact Fee program. 2 November 14, 2008 (4) Home Rule (No discussion) Position: Protect Home Rule authority of County government. (5) Unfunded Mandates . . % vote of House and Senate is necessary to pass an Unfunded Mandate . Revenue from sales tax is less . House of Representatives is considering increasing the amount to be contributed by Counties for Medicaid - would quadruple Collier's contribution and have a significant impact on Collier County's budget . State budget is balanced by using Unfunded Mandates and Trust Fund monies . State's contribution has been reduced - more people have qualified for Medicaid There was a discussion concerning the shifting of the burden to local government and making the consumer pay more for nursing home care, and also a proposal for the Legislature to change the program's parameters. Position: Oppose state directive requiring local governments to deliver services without providing the necessary funding to cover the expense. (6) Revenue & Expenditure Caps (TABOR) . Supreme Court reviewing bill supporting 1.35% cap for new household tax . Will have drastic effect if bill becomes law . Millage rates are low in Collier County . TABOR is no longer in effect in Colorado - almost bankrupted the State . Lower assessments = lower revenues Position: Oppose Legislative or Constitutional restrictions on County authority to determine local tax burden or local financial commitments to services and quality of life. (7) Revenue Enhancements . Dot.com The tourism industry position on Dot.coms is to have those companies collect and pay the sale and Tourist Development tax due on the total amount charged the visitor and not the net amount paid to the hotel. The revenue lost to both the State and Counties from the actual taxes due and what is currently received is significant. There was a discussion on the proposal concerning taxing internet sales, as well as other sources of revenue. The Legislature discussed the above issue in the past session and will continue to monitor. (8) Transportation . Cameras have been installed . Normal revenue allocation - 50% based on population and 50% based on gas tax . Local projects have lower priority . Support change to allocation formula - almost all funding is allocated by need - not "fair share" basis 3 November 14,2008 Position: Oppose raiding of the Transportation Trust Fund; Support earlier receipt of Crash Reports - current wait is 60 days; Support enforcement of red light running cameras - assign license points to drivers and notify insurers of moving violation; Support modification of Section 339.135(4)(a)(1), Florida Statutes, "to assure that no District or County is penalized for local efforts to improve the State Highway System;" and Support making Florida seatbelt enforcement a primary offense for drivers over the age of 18. (9) Alligator Alley · Too many outstanding questions without satisfactory answers - better information is needed · An opportunity may exist to leverage the funds to bring money to Collier and Broward Counties . Targeted funds have "disappeared" before Position: Continue to oppose leasing of Alligator Alley to private entities. Public Speakers: Gina Downs equated the selling of publicly owned assets to "burning the furniture to warm the house." Gross Toll Revenue from Alligator Alley over a 50-year period has been reported (at www.AlligatorAlley.com- TrafficlRevenue Report - April, 2008) to be $4 to $8 Billion. With a one percent annual growth rate, the Gross Toll Revenue would increase to $5 - $13 Billion over the 50-year period. The only reason the Legislature is considering selling this road for $504 Million is to make up for the short-fall in the Governor's deficit budget. It should be a $1.9 Billion transaction at the lowest end and $18 Billion at highest end. Even leveraged, it will amount to a tax increase to Collier County. There will be no gain at all for Collier County. Bob Prosowski stated there was a vote by the Legislature to approve the process to evaluate the value ofthe State's roads. He also opposes the selling of American assets to foreign companies and supports efforts to prevent leasing Alligator Alley. (10) Consultants Competitive Negotiation Act ("CCNA") (No discussion) . Price should be a factor during the bidding process Position: Support legislative changes to CCNA to allow weighing of multiple factors including qualifications and price before selecting the top firm and commencing negotiations. (11) Growth Management & Real-Time Concurrency · Volume of traffic and ability to travel from Point "A" to Point "B" without excessive delay are considerations when purchasing a home or developing a site . Coordinated traffic lights assist in managing traffic Comment: "The system works in Collier County." Position: Support protecting the County's current transportation Real-Time Concurrency program. 4 November 14,2008 (12) Support Enforcement of Immigration Laws . Changes to Human Trafficking Statute are supported by Sheriff's Office . 135 Immigration bills were filed - none passed . Other Counties are contacting Collier County regarding ICE Program There was a discussion of the fiscal impact of illegal immigrants particularly in areas of education and medical care and the burden placed upon the State. Commissioner Coyle previously stated the cost to Collier County was approximately $57 Million. Position: Change the definitions of "felony" and "misdemeanor" (Section 775.08, F.S.) to allow for the arrest of a subject on immigration (or other Federal offenses) based on the State's right as a sovereign and its related policing powers. (Present language limits State officials to arrests for crimes that violate Florida laws. Immigration violations are a Federal offense.) Alternatively, grant specific authority (Section 901, F.S.) to state Peace Officers to arrest for immigration offenses based on probable cause without warrants. This would allow deputies to make immigration arrests but would not allow for processing, transportation, investigation, long-term detention, etc. Allows for the arrest and a call to ICE. Position: Support changes to the Human Trafficking Statute (Section 787.06, F.S.) to punish those who receive compensation for trafficking individuals regardless if those trafficked persons are to be used for servitude. (It is illegal to traffic persons with the knowledge or intent that those persons will be used for slavery or prostitution.) This change would reflect the State of Florida's policing power to address the dangers involved in trafficking people regardless of what those people are going to be doing when they reach their destinations. (13) Support Florida Governmental Utility Authority ("FGUA") being under State Public Service Commission oversight Issues: . FGUA implemented a 7.5% increase in water and sewer utility rates - only Lehigh Acres and Golden Gate City are serviced by PGUA . Collier County has no input - there is no oversight currently . Rate payers have no representation - based in Polk County . FGUA Board is not responsive (14) Support amending Florida Statues to elect rather than appoint Florida Water Management District governing Board Members . An arm of the South Florida Water Management District is focused on Collier County, i.e., - Big Cypress Basin Board Issues: . Proposed new irrigation rule infringes upon Home Rule rights of Collier County . A Consumptive Use Water Permit was applied for two years ago - Collier has met all conditions, but the permit still has not been issued . Ft. Lauderdale received its permit after four years 5 November 14, 2008 IV. Other Topics (No discussion) V. Public Comment Bob Prosowski, Collier County Resident for 29 years, stated when he bought two 50-foot wide lots several years ago, it was with the understanding that lots could be split in the future. He lives south of Pine Ridge Road between 41 and Goodlette. There are areas in his neighborhood that could benefit from revitalizing the area. Now, with rule changes, lots must be a minimum of 60-feet wide. There is a great interest in the State on "in-fill." He could build a town house or a duplex, but not a single family home. He is advocating for sensitivity for smaller property owners in Collier County. Commissioner Henning stated the changes were passed through the Land Development Code. David Rivera, Board Member - Economic Development Council of Collier County- stated the EDC Board agrees with Collier County's priorities. He suggested adding the issue of economic diversity. Collier County needs to attract a diverse base that is not dependent on tourism or real estate. It is the EDC's hopes the County will support a policy that encourages the Legislature to identify policy-related issues, as well as economic tools, that would allow for diversification of the economy. The EDC will present its legislative agenda to the BCC in the near future. Commissioner Henning suggesting adding the topic to the next Agenda. ***** There being no further business for the good of the County, the Workshop concluded by order of the Chair at 2:50 PM. COLLIER COUNTY BOARD OF COU Y CO ISSIONERS < .' A TTES;r: DWIQlIT ,E. BR8CK,',CLERK tfI~ -~ "Qnllturt on I . These Minutes were approved by the Board/Committee on as presented ~, or as amended Id-!~~ 6