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BCC Minutes 10/14/2009 W (2010 Legislative Priorities) October 14,2009 MINUTES OF THE BOARD OF COUNTY COMMISSIONERS AND THE COLLIER COUNTY LEGISLATIVE DELEGATION 2010 PRE-LEGISLATIVE SESSION WORKSHOP Naples, Florida, October 14,2009 LET IT BE REMEMBERED that the Board of County Commissioners and the Collier County Legislative Delegation, having conducted business herein, met on this date at 1 :00 PM in WORKSHOP SESSION in Administrative Building "F," 3rd Floor, Collier County Government Complex, Naples, Florida with the following persons present: CHAIRMAN: Commissioner Donna Fiala, District 1 Commissioner Jim Coletta, District 5 Commissioner Fred Coyle, District 4 Commissioner Frank Halas, District 2 Commissioner Tom Henning (Absent) LEGISLATIVE DELEGATION: State Senator Garrett Richter Representative Tom Grady Representative Matt Hudson Representative Trudi Williams Keith Arnold, Lobbyist ALSO PRESENT: Leo Ochs, County Manager Jeffrey Klatzkow, County Attorney Abe Skinner, Property Appraiser Debbie White, Assistant to the County Manager Sue Filson, Executive Manager, BCC Office 1 Board of County Commissioners Collier County Legislative Delegation 2010 Pre Legislative Session Workshop Wednesday, October 14, 2009 1-4 p.m. Collier County Government Center Boardroom Aeenda I. Introduction - Board of County Commissioners Chairman Donna Fiala II. Remarks on behalf of Collier County Legislative Delegation - State Representative Matt Hudson, Chair III. Review of Collier County 2010 State Legislative Priorities IV. Other Topics V. Public Comment VI. Adjourn October 14, 2009 I. Introduction - Board of County Commissioners - Chairman Donna Fiala Chairman Fiala called the Workshop to order at 1:06 PM. The Pledge of Allegiance was recited. Self-introductions were made by the members of the Legislative Delegation. Chairman Fiala introduced Collier County Property Appraiser Abe Skinner who was asked by the Board of County Commissioners to explain Partial-Year Property Assessments. Mr. Skinner distributed a two-page document and outlined the following: Method #1: . Appraise each property on January 1 st . Property will be added to tax rolls to reflect condition at time of appraisal, i.e., if a structure was 50% completed, it would be taxed at 50% of value . A re-inspection will be required at 100% completion Method #2: . Appraise each structure as a Certificate of Occupancy/Completion is filed in the County Appraiser's Office Problems: . How to determine the value of a partially-completed structure. . Accessory structures (pools, gazebo, screened enclosure, etc.,) would need to be appraised as each is completed with the potential of generating multiple inspections for one property. . Taxpayers would have the right to protest and file an appeal before the Value Adjustment Board for each assessment. . The appeals process will become an on-going process - perhaps year-long. . Additional staff and inspectors will be required to appraise 8,000 properties and handle the increase paperwork required by the process. . The County would incur additional expenses for possible monthly and quarterly Proposed Tax Notice mailings. . What portion of the Homestead Exemption is transferred ("portability") if the owners move? Discussion ensued concerning whether partial assessments would add enough revenue to off- set the expenses generated. Mr. Skinner stated the issue was last discussed approximately ten years ago and was determined to be a "bad idea" at that time. He concurred it was still a "bad idea." Commissioner Coyle recommended that the proposal not be considered by the Board, stating there were too many complications. II. Remarks on behalf of Legislative Delegation - State Representative Matt Hudson (Representative Hudson declined to make a statement in order for the Workshop to proceed. ) 2 October 14, 2009 III. Review of Collier County 2010 State Legislative Priorities (1) Libraries Position: Continue to monitor the issue. . State-wide problem; budget is anticipated to be approximately $2Billion . Budget challenges still exist - even larger cuts are anticipated . Expenditures will be prioritized until there is an economic turn-around . State aid will be limited, if any is available (2) Home Rule Position: Collier County supports the Home Rule authority of local governments. Discussion ensued regarding the provisions of Senate Bill 360 and whether or not local governments will be affected regarding transportation concurrency issues. Senator Richter stated the intent of the Bill is to continue be a collaborative effort between the Florida Legislature and the Secretary of State to expedite economic initiatives and not restrict local governments. It was pointed out the Florida Association of Counties is also concerned about SB 360 and concurrency issues in "densely populated urban areas." (3) Unfunded Mandates Position: Oppose State directives requiring local governments to deliver services without providing the necessary funding to cover the expense. . The State's mandate is to pass a balanced budget . Services must be provided on both the state and local level . It is difficult to make any determination until legislation is written and introduced for consideration It was suggested local governments contact their Representatives in real time as the legislative session moves forward. (4) Revenue & Expenditure Caps (TABOR) Position: Oppose Legislative or Constitutional restrictions on County authority to determine local tax burden or local financial commitments to services and quality of life. . Lobbyist's position: It is the wrong Amendment at the wrong time . It is not known at this time if the Amendment will be brought forward (5) Affordable Housing Position: Support removal of the cap on Sadowski Housing Trust Funds. . 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 for income-qualified buyers . Due to the changing housing market, the cap may not be reached and the issue may be "moot" (6) Impact Fees Position: Support maintaining Home Rule authority over administration of the County's existing Impact Fee program. 3 October 14, 2009 . To eliminate Impact Fees or restrict the ability of a County to collect such fees without a replacement source of funding will devastate the "fairest way" to build and support the infrastructure which creates new growth . SB 360 created a Task Force to commission a mobility fee report, which will be presented in December, to find an alternative method to Impact Fees . With Impact Fees, new growth pays for itself . Developers in eastern Collier County are challenging the concept of "mobility fees" (7) Transportation Position: Maintain the integrity of the Transportation Trust Fund and oppose any efforts to "raid" itfor the State's general revenue; Support early receipt of Crash Reports - current law permits a 60-day wait before issuance of reports; Support state legislation that affirms the authority of Counties to install red light cameras at intersections and implement enforcement programs, and 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. " ("fair share" vs. "need" allocation formula) . FDOT implemented a system to distribute State and Federal money to the Counties for local roads based on the entire intermodal system and determined roads that were part of the "SIS" (Strategic Intermodal System) would receive more funding - approximately 80% of the funding is allocated to the SIS . Collier County does not have any roads listed on the SIS . Southwest Florida has not received it's "fair share" of the funding because only two roads are part of the system, i.e., I -75 as a designated road and SR 29 as a "merging" . Tallahassee conducts a yearly needs assessments which is not coordinated locally . In the State's Plan for 2035, Collier County will receive .43% of the overall funding to be allocated from Federal and State funds while Collier County pays considerably more to the State in gas tax revenue (8) Revenue Enhancements . Dot.com Position: Support the tourism industry position on Dot.coms which is to require online travel companies collect and pay sales tax 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. Mr. Arnold stated the issue concerned interpretation ofthe existing Sales Tax Code by the Department of Revenue. It is an enforcement issue because the "Dot.com" companies are not exempt from payment by Florida Statutes. Collier County is losing approximately $750,000 per year because online companies are supposed to pay the amount due to the local tax collector. It was pointed out there are many Constitutional impediments to taxing internet purchases and several municipalities have sued internet providers but the cases are still in litigation. 4 October 14,2009 . Gas Tax Indexing Position: Support legislation that gives Counties the authority to index its local option gas tax to the annual change in the CPI ("Consumer Price Index'? as the State did approximately 14 years ago. . Revenue sharing of sale tax by the State is less and less each year . The gas tax is needed to help support maintenance of infrastructure . Options for Collier County are very few and another revenue stream is required (9) Consultants Competitive Negotiation Act ("CCNA") Position: Support legislative changes to CCNA to allow weighing of multiple factors including qualifications and price before selecting the top firm and commencing negotiations . Price should not be the sole factor considered during the bidding process . Industry professionals (landscape architects, engineers) fought to pass the legislation to ensure the least qualified individuals or firms were not hired based on bid price alone . The end user must do its own "homework" to ascertain the qualifications and experience of the bidder to eliminate a bid-based reward system BREAK: 2:37 PM RECONVENED: 2:50 PM (Note: change of order) (13) Fire District Bills Position: Oppose Panther Creek Consolidation Legislation and Paradise Coast Consolidation Legislation proposed by independent fire districts in Collier County. . Primary concern was over the portion of the legislation that allowed the new districts to create an Advanced Life Support non-transport services ("COPCN") without approval from the Board of County Commissioners. Public Speakers: Nancy Lascheid, on behalf of the Collier County Medical Society, stated the Medical Society's position is that medicine and pre-hospital medical directives must continue under the purview of physicians. Nothing should be allowed to fragment the unification enjoyed in Collier County. She opposed the legislation. Representative Hudson stated the legislation is a "local bill" (versus a general bill with local application) and a decision will not be made during the Workshop as to whether or not the bill will move forward. A determination will be made at the Annual Delegation Meeting. Dr. Fay Biles, President - Marco Island Tax Payers Association, noted the legislation is attempting to eliminate the County's input from the decision-making 5 October 14, 2009 process concerning Emergency Medical Service. She advocated consolidation of the fire districts as a cost-cutting measure and opposed the legislation. Jim Burke, Commissioner - North Naples Fire Control District, stated the County's current system of 10 different, individually-funded agencies which provide fire, rescue and EMS is outmoded, antiquated, inefficient and not cost-effective. He supports a single-source, integrated fire-based delivery system. The issue is whether the system should be fire-based or EMS-based which can be debated and determined later. He supported consolidation. Laura Donaldson, Special Counsel- North Naples Fire Control District, stated the legislation has been a work in process for over one and one-half years. She outlined the following: . The proposed legislation sought pre-approval from the Legislature instead of ratification as an incentive to merge . Currently, every fire district in Collier County can assess Impact Fees per Florida Statutes, but the fees cannot be levied without referendum approval . Changing to a non-Ad Valorem assessment is considered to be more fair since the amount of the assessment will not change when property values change . The issue has been addressed: residents must approve a referendum in order to merge the districts which will be funded by a non-Ad Valorem assessment. If the voters do not approve, the merger will not go forward. . Communication between the County and the Fire Districts has broken down and the Interlocal Agreement is not being enforced . The proposed consolidated district will have its own Medical Director and this procedure has worked for other consolidated fire districts throughout the State Duane Billington, North Naples resident, stated the concept of an Emergency Medical and Rescue Response Service that does not provide ambulance transport is "bizarre." He suggested changing the proposed legislation to remove the "deal breakers" so consolidation could happen. Janet Vasey stated the problem with the bill is the issue of providing Advanced Life Support services separate from the County's EMS without obtaining approval from the Board of County Commissioners. The concern of medical providers is the issue of the training and experience of personnel who dispense medications to patients. The current system in Collier County is world-class and works well. Robert Metzger, Chief - Golden Gate Fire District and President - Collier County Fire Chief's Association, stated the goal is to achieve a more efficient and effective Emergency Service organization for the community. The challenge is that consolidation is complex: there are 10 independent fire districts, MSTUs, a County agency, and two City entities to be legally unified to provide services. The proposed legislation will become the vehicle or mechanism that will allow the five Independent Fire Districts to be unified and is a first step. 6 October 14, 2009 Representative Hudson confirmed the importance for the process to remain "public" and utilize a referendum to recognize public's opinion. Commissioner Coyle stated the original premise was if the independent Fire Districts consolidated, the County would also consolidate EMS. If the consolidation is accomplished and the Board is assured of a single standard of care utilizing a single set of protocols will be utilized, the Board will support consolidating EMS - but not if it is a "piece-meal" situation. He suggested revising the bill to concentrate on the consolidation of the Fire Districts first. (11) Shared Ochopee/Emergency Medical Services (EMS) Fire Station & Florida Department of Transportation (FDOT) Position: Support one-time capital allocation from FDOT for cost of facilities and start-up equipment and seek reimbursement for recurring operating expenses on a long-term contract basis. Public Speaker: Robert Metzger, Chief - Golden Gate Fire District, stated there is a definite need for a fire station on Alligator Alley. Currently, the needs outlined in an article written by Emergency Services are met by other responding agencies who will continue to respond after the first station has been built. He asked that any revenue sharing with the State be distributed to the responding Fire Districts (Golden Gate and Ochopee) to help defray their expenses. Representative Hudson stated he supports building a fire station at Mile Marker 63 and asked the other Representatives to join him. It was suggested that a percentage of the Alley tolls should be directed to the Fire Districts. It was also mentioned that Med-Flight services are provided by the County. Public Speaker (New Topic): Bobbie Dusek, "Retrofit for SW Florida," stated she represents an organization that will assist homeowners of qualifying properties to harden their residences to be able to survive a Category 3 hurricane. The organization is active in Lee, Charlotte, and Glades Counties. This is a pre-disaster program and FEMA is involved. The target market is low-income homeowner. (Properties are "hardened" from damage by the installation of storm shutters and hurricane-resistant windows/doors, etc.) (10) Alligator Alley Position: Affirm the Board's previous position to oppose leasing Alligator Alley to private entities. (No discussion) (12) Offshore Drilling in Gulf of Mexico Affirms Board's previous position with approval of Resolution 2009-117 which opposes of/shore drilling within 25 miles of the Gulf coastline. Representative Hudson stated he supports offshore drilling and encouraged public participation during the hearing process. 7 October 14, 2009 The Commissioners stated: . No drilling within 25 miles . Drilling will not lessen dependence on foreign oil and will not directly benefit the residents of Collier County (example: Oil drilled in Alaska is sent to China and Japan -- not to the United States) . Oil deposits are a limited resource and should be held for future emergencies . The beaches are Collier County's greatest asset and must be preserved . The tourism industry is Collier County's only industry - oil dereks built within sight of the beaches will harm the tourism industry . If leases are negotiated, they should expire within a specified time period if no action is taken (14) Economic Development Position: A proposal was submitted by the Economic Development Council and adopted by the Board of County Commissioners. The Board urges the Delegation to support the initiatives for economic development in Collier County and continue funding from several State programs including Florida's Economic Development Transportation Fund in the amount of $20M, the Quick Response Training Program in the amount of $5M, and the Incumbent Worker Training Program in the amount of $2M. IV. Other Topics County Manager Ochs stated staff will continue to monitor the following enacted Legislation and other issues: . SB 1000/Discretionary Sales Surtaxes/Fire Rescue Services . Seminole Gaming Compact/Revenue Sharing (3%) with affected local governments for infrastructure . Beach Renourishment/U.S. Supreme Court Case in support of public beach access . SB 360 (Growth Management) . Property Insurance . Hometown Democracy V. Public Comment (See above) ***** There being no further business for the good of the County, the Workshop concluded by order of the Chair at 4:08 PM. 8 October 14,2009 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 4~J~ Commissioner Donna Fiala, Chairman ~~S1j~~~:. ~,~:~~&!!~E.~l?CK, CLERK ! I '<p," j <" ~ I . ~.~; ,,,,.~;. .... / ) ~ ; ... . s.:c ,. '". . ;.r' ..t\W~ '!. .>l ~."d<:'; . '..I. . The Minutes W7proved by the Board/Committee on I 0 J. ~ ~Ji) 2 po ~ as presented , or as amended . - I I 9