BCC Minutes 04/13/1999 W (Sales Tax Workshop) April 13, 1999
TRANSCRIPT OF THE SALES TAX WORKSHOP OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, April 13, 1999
LET IT BE REMEMBERED, that the Board of County Commissioners, in
and for the County of Collier, and also acting as the Board of Zoning
Appeals and as the governing board(s) of such special districts as
have been created according to law and having conducted business
herein, met on this date at 2:35 p.m. in SPECIAL SESSION in Building
"F" of the Government Complex, East Naples, Florida, with the
following members present:
CHAIRWOMAN: Pamela S. Mac'Kie
Barbara B. Berry
John C. Norris
Timothy J. Constantine
James D. Carter
ALSO PRESENT: Robert Fernandez, County Administrator
David Weigel, County Attorney
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April 13, 1999
DISCUSSION REGARDING LOCAL OPTION SALES TAX
CHAIRWOMAN MAC'KIE: We'll call the workshop of the Board of
County Commissioners to order. The topic of the day is the sales tax
workshop and some capital improvement programs. And we will start
with Mike Sales Tax McNees.
MR. McNEES: Thank you, Madam Chairwoman.
I don't have a fancy presentation prepared today. I kind of
figure you've seen all of me and Power Point that you want to for
awhile. I thought we'd kind of get down to brass tacks.
I would like to do two things today: One is to answer all of the
questions that you have asked us to date regarding the mechanics of a
sales tax and the implications of a sales tax. And I'll kind of walk
you through those items first.
And then, depending on what your wish is from that point, I
suppose it would be possible for you at that point to tell us you
don't want to do a sales tax, at which point the discussion really
doesn't need to continue anymore except perhaps on that issue.
Once I've answered your questions, I'd propose that we then walk
through the project lists that have been used to develop all of the
numbers that you've seen so far and have you tell us which of those
things -- and this is with the presumption that you want us to
continue to proceed on this issue -- which of these things you don't
think are appropriate to fund with the sales tax.
I've told you along the way we've included a number of things,
not ever presuming that you want to fund them with a sales tax, but we
had to have numbers to work from based on the different capital plans
that you've reviewed so far.
So with that, I'll get right into answering some of --
CHAIRWOMAN MAC'KIE: Can I pause you for one second? Just
because I needed to get back to that question about public
participation so people know if they need to register to speak.
Does anybody have any thoughts on it or shall I --
COMMISSIONER NORRIS: Are we having a workshop or a public
hearing? This is a workshop, right?
CHAIRWOMAN MAC'KIE: I know how -- yes.
COMMISSIONER NORRIS: Okay. If we're having a workshop, let's --
we advertised that as a workshop, I believe? Then we should have a
workshop. If we advertise that as a public hearing, we should have a
public hearing.
CHAIRWOMAN MAC'KIE: My personal point of view, of course, is
different from that, and that is that we haven't had enough public
discussion of this issue yet and that we ought to have more.
I understand limiting when we get to the landfill, because there
has been so much public discussion, and we need to have just a staff
workshop, but frankly, we've already had a staff workshop on this, and
I hope this is a little broader, but that's -- I'm not going to --
COMMISSIONER CARTER: Well, Commissioner Mac'Kie, maybe we can
ask, how many people are here to speak on the issue?
CHAIRWOMAN MAC'KIE: I see two. Would there be any objection to
hearing those two speakers?
COMMISSIONER BERRY: Is it anything different than what we've
read?
CHAIRWOMAN MAC'KIE: We do have your written position, of course,
and we have the newspaper account. Is there -- do you have more to
offer? They say they do. I think we should hear it.
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April 13, 1999
COMMISSIONER CARTER: I have no objection.
CHAIRWOMAN MAC'KIE: Okay. So please, go ahead and register, and
we'll ask you to, you know, keep it -- out of respect for this being a
little unusual to have a discussion in a workshop. Now, Mr. McNees?
COMMISSIONER CARTER: Can I ask one question, Mike, before you
start this? One of my questions will be, have you reviewed what TAG
has presented to us, and do you have an assessment of their
conclusions?
MR. McNEES: Yes.
COMMISSIONER CARTER: Thank you.
CHAIRWOMAN MAC'KIE: Good.
MR. McNEES: In fact, I spoke to TAG last night and gave them a
point-by-point assessment of those conclusions, so we are exceedingly
well prepared to answer their points. I may have left that on my
desk. I can get that real quickly, if you want to actually get to that
point.
COMMISSIONER CARTER: I would like that, because I've got to
debate TAG in about three weeks, So I would like that information,
thank you.
MR. McNEES: It's a piece of cake. I just did it last night.
CHAIRWOMAN MAC'KIE: Listen to that guy.
COMMISSIONER CARTER: Thanks, Mike.
CHAIRWOMAN MAC'KIE: Okay.
MR. McNEES: I don't know any other way to get through the
questions that you've asked except just kind of work through them one
by one. It may seem a little disjointed. Some of the answers will be
relevant to the mechanics of the actual adoption of the tax, and some
to the implementation, and we will use probably some of this
information along the way in our discussion today as we make
decisions. But I'm just going to give you the answers as best as we
can find them at this point to some of the things that you've asked.
You asked us to research for you voter turnout in mail ballot
elections versus general at the polls elections, so that you could use
that to help determine whether you wanted to approach a sales tax, if
you choose to have one referendum through either a mail ballot, which
would allow the tax to begin in January, 2000, or whether you would
have to wait until the general election, which would allow the tax to
begin January of 2001.
And here's how the numbers work out. We only really have one
mail ballot that's a valid for comparison, and that is the 1995 mail
ballot that was very specifically for a one cent surtax for nine
months for only the Gordon River Bridge project. That was the lowest
voter turnout of any of the sales tax referendums that we've seen with
a 48.8 percent voter turnout. The --
CHAIRWOMAN MAC'KIE: That was the lowest?
MR. McNEES: That was the lowest.
CHAIRWOMAN MAC'KIE: Wow.
MR. McNEES: The highest percent voter turnout was for the last
referendum. It was the '96 for the jail expansion work release center
where there was a 78 percent turnout. That was a presidential general
election. So that was the highest of the three.
The other --
COMMISSIONER CONSTANTINE: What was the result in each of those;
do you know, just percentage-wise?
MR. McNEES: The percentage-wise, I can give you the raw numbers.
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April 13, 1999
The Gordon River Bridge failed 14,000 for and 26,000 against. The
jail expansion and work release failed 24,000 for and 45,000 against.
Interestingly, the one in the middle was the 1990 referendum
which was a gubernatorial general election, where there was a 68
percent turnout. That's the closest the sales tax has come to
passing. We have been operating a little bit in our plan with the
assumption that the more you specify just exactly what the tax is
going for, the better off you are.
The actual results in Collier County fly in the face of that,
because the referendum question at that time was very general and
listed everything from schools to parks to libraries to green space
preservation to water management to a whole laundry list of project
types. And in fact, that was the closest we've ever come to passing a
tax.
I'm not necessarily going to draw any conclusion from that except
perhaps that it's not necessarily a specific project, but just the
general need and perhaps the need was identified a little too broadly
at that time.
COMMISSIONER CONSTANTINE: That also had about a $50,000
advertising campaign in favor of the tax, if I recall.
MR. McNEES: Yes, that --
COMMISSIONER CARTER: What was the -- what were the numbers?
MR. McNEES: 21,000 in favor, 23-5 opposed.
An interesting sidenote to the turnout issues, Mrs. Morgan
indicated that one of the factors on the Gordon River Bridge
referendum -- and I can't quote her, and I hope I don't
mischaracterize what she told me -- but what I understood her to be
saying was the farther away the voter lived from the point of action
of the referendum, the lower the turnout. So that the people who
lived fairly close to the Gordon River Bridge participated to a high
level in the mail ballot. Those who lived farther away did not. And
that led to an overall percentage of about 48 percent.
So that's the numbers. And I'm sure somewhere along the line as
we have this discussion, we may get back to, as you make some decision
about if you want to proceed, in what way.
You asked us about the statutory prohibition to not have a sales
tax directly offset an existing ad valorem levy. The County
Attorney's Office has researched that issue and determined that in
fact there has never been either an Attorney General's opinion or any
type of case law on this subject. So that if we are bound -- we are
given guidance only by the statutory language.
They have indicated that it is their opinion that we have
somewhat broad discretion, that if it's not an existing perhaps debt
service levy identified for a specific capital purpose that we're
replacing, that the types of things we've talked about, which would be
supplanting ad valorem that goes to the road and bridge fund, for
example, and to allow to make gas taxes available by virtue of
creating a sales tax, it would then allow that subsidy to decrease
from the general fund, that that is not a problem, that we have the
ability to do that, that it is indirect and that the statutory
provision is for a direct offset of an existing specific ad valorem
levy. So we have gotten that opinion from the Attorney's Office.
COMMISSIONER CONSTANTINE: How -- and I'm sorry, I missed just a
little bit of that, apparently. How could that -- what are the
limitations on what could be included in the wording of the ballot?
In other words, is there a way to, other than just saying, well, we
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promise this will be good for your ad valorem, is there a way to link
that and still meet that hurdle you just --
MR. McNEES: I think perhaps that would come down to a ballot
question and I --
COMMISSIONER CONSTANTINE: Madam Chairman, is it possible to
include that somehow in the ballot question? I don't mean the exact
wording, but I just think the public would find that far more
appealing than on a promise from government, gee, we'll help you out
on taxes.
COMMISSIONER BERRY: Can you pass an ordinance?
CHAIRWOMAN MAC'KIE: And if we do, can we make the existence of
that ordinance a part of the ballot question or somehow include it for
public notice in the ballot question?
COMMISSIONER CARTER: You want to identify exactly how much,
right?
CHAIRWOMAN MAC'KIE: Exactly.
COMMISSIONER CONSTANTINE: Yeah. If we're going to offset their
ad valorem tax and we're making that promise, this is a great way, if
that was the way you wanted to
CHAIRWOMAN MAC'KIE: We could package it.
COMMISSIONER CONSTANTINE: Just solidify it instead of a vague
COMMISSIONER CARTER: Specifically says how much and that we're
doing it, we'll make a commitment to that.
MS. ASHTON: If I may, for the record, Heidi Ashton, assistant
county attorney.
I did research the legislative history on this language, as well
as talked to people who were involved in the drafting in the
legislative hearings, and I would have to recommend against any
correlation between adopting this and selling it as you reduce your ad
valorem taxes. That may be a result that occurs, but it's not a -- it
cannot be used as a sales pitch.
CHAIRWOMAN MAC'KIE: You're going to have to -- I mean, is that
like hard and fast, you're going to tell us if we do it's going to be
overturned? Because that's a critical component. Are we going to
lose -- are we going to have this overturned by somebody if we do that
against your better judgment?
MS. ASHTON: Well, if you place it at the ballot, directly in the
ballot, then I think you place yourself at greater risk.
CHAIRWOMAN MAC'KIE: And who sues us over that? How does that --
do you know what I'm saying? I mean
COMMISSIONER CARTER: Yeah, who tallies --
CHAIRWOMAN MAC'KIE: -- you know, but sometimes if something is
not perfect legally, still --
COMMISSIONER CONSTANTINE: Anybody with 83 bucks.
CHAIRWOMAN MAC'KIE: Well, is that true? Could just anybody have
standing to sue over a ballot question? I guess so.
MS. ASHTON: It would seem that if it were affecting other
citizens, then anyone in the county who is affected could. But that's
my best answer at the moment.
COMMISSIONER CONSTANTINE: And that for me is a tough point there
and that's why I ask the question is, it sounds great and we might
have the best of intentions, but I say this only half jokingly, you
know, I've served here six and a half years and I don't trust local
government. Not because anybody is purposely doing anything, but
because situations change. And so when we can say well, we'll promise
we'll lower the ad valorem tax as part of this and a year later we
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think well, we need X, Y, Z or three years later you need X, Y, Z and
it goes right back up and the public is stuck with both.
MR. McNEES: The only thing I can offer you, and it really
doesn't get you past your point, because I understand what you're
saying, is you can promise a little more than just generally to lower
ad valorem. You can make a specific commitment to the exact
mechanical issues, which is one, to no longer subsidize your road and
bridge operations with ad valorem taxes. And that is -- that's a
direct. This year I believe it's five million dollars that you can
send back to the general fund if you have the sales tax. And it --
perhaps that's no better, it's still only a promise, but it's at least
a specific that you can identify, this is what we intend to do if this
passes.
MR. FERNANDEZ: Madam Chairwoman?
CHAIRWOMAN MAC'KIE: Yes.
MR. FERNANDEZ: I would also suggest that that's in the control
of the Board of County Commissioners. I have not heard one county
commissioner say that they were interested in raising the ad valorem
tax after a representation to the public that they would be reduced.
We're certainly not proposing that you do that.
I do know that in Alachua County when we put into place the
utility tax, we reduced the ad valorem millage in the MSTU by two and
a half mills, and that was over 10 years ago. And to this day, that
reduction remains in place.
COMMISSIONER CONSTANTINE: And I'm not suggesting any one of us
is harboring a desire to increase an ad valorem tax or have it any
higher, but it's not unrealistic that through any twist of
circumstances that 18 months from now you have three different faces
sitting up here. And so what these five people think may be just
months after this was approved, if it was on a ballot and approved,
could be impacted by a majority of people who aren't even sitting
here.
MR. McNEES: Commissioner, I think one of the challenges for us,
and as we've brainstormed this, one of the things we're going to have
to attack at its most basic level is this notion that you can't trust
your local government.
And I'm going to propose to you that if we launch on this
campaign to pass a referendum, then we have to convince people that
you can, and that we're doing this because it's best for the
community, and that you all can be trusted to live up to your
commitments. And I understand that perhaps that's going to be hard
work, but I think it's a battle worth having.
COMMISSIONER NORRIS: Well, let me offer for the board a
suggestion that for now, for today right now in this meeting, that we
proceed on the assumption that we're not going to directly link this
with sales tax, and let's work on it from the other aspects of what
we're trying to accomplish, and that is community enhancement of
infrastructure. And most importantly, our transportation network will
be enhanced here.
And how this needs to be sold to the public, in my opinion, is
that this is the way that we can do some of the things that will keep
our community looking like it is today, even though it has to grow
over time. But we can enhance our facilities, especially our road
network, as already stated, and we can -- this is one of the ways that
we can keep our community from ever looking like what you might expect
to see on the East Coast.
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The alternative to doing this is that over time funding for these
issues is going to be more and more difficult, and you're going to see
over a long period of time a gradual deterioration of our community.
So for all of those people who always tell us don't East Coast the
West Coast, and keep our community looking the way it is, well, it's
time to step up to the plate and put your money where your mouth is
and let's go do the job.
CHAIRWOMAN MAC'KIE: John.
COMMISSIONER NORRIS: And that's how it needs to be said.
CHAIRWOMAN MAC'KIE: I agree.
COMMISSIONER CARTER: I agree with that, Commissioner.
CHAIRWOMAN MAC'KIE: I'd like a transcript of that.
COMMISSIONER BERRY: Do we have a motion?
CHAIRWOMAN MAC'KIE: That was beautiful.
COMMISSIONER CONSTANTINE: I particularly like the way he had
"America the Beautiful" playing in the background. CHAIRWOMAN MAC'KIE: I liked that.
COMMISSIONER NORRIS: That was good, wasn't it? Flag in there.
Oh, I got the wrong coat on.
COMMISSIONER BERRY: The apple pie running out of his mouth.
MR. McNEES: At the risk of moving on, I'll answer your next
question.
You asked, can you chose the term? We understand there's a
15-year limit and the question (sic) is absolutely yes, you can set
the term of this tax.
COMMISSIONER NORRIS: Within 15 years, you said?
CHAIRWOMAN MAC'KIE: Nope.
MR. McNEES: Inside of 15 years, yes.
COMMISSIONER NORRIS: Anywhere within 15 years you want to go,
but you can't go past 157
MR. FERNANDEZ: Right.
MR. McNEES: Correct.
You asked can you charge a cent for a period of time and have
that changed to a half a cent at a later period of time? The answer
is yes, as long as those dates are specified as part of the ballot
question, and as long as it's clear in the beginning that's what you
intend to do.
You asked -- and if Mike Smykowski will hand out some sheets that
he's prepared. You asked about what this costs the average family.
And I have more of these, if anyone in the audience wants one.
CHAIRWOMAN MAC'KIE: Since you're on TV, you might want to stick
one on the overhead.
MR. McNEES: If maybe Ty would give me back some of those.
I'm informed by the attorney's office that from their reading,
there is not a 15-year limitation, so we have a term ability beyond
that, if you wish.
I believe there's a reference to perhaps if the tax is adopted
before a certain date, is the limitation that I'm referring to, but
we'll assume there is no limitation. CHAIRWOMAN MAC'KIE: Okay.
MR. McNEES: What you've just been given really outlines what
we're estimating at this point. And we didn't make up any of these
numbers. We got these from the property appraiser's office, from the
auto club, when it comes to miles driven, from the economic and
demographic research study regarding how much a line average tax or an
average household pays in sales tax.
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April 13, 1999
And what we did is calculate how much you're paying today out of
your general fund for road and bridge and for capital projects, assign
that a millage value, and look at how much the average residential
house is worth from a tax standpoint, and then how much they're paying
each year through their ad valorem for those purposes.
CHAIRWOMAN MAC'KIE: So this is --
COMMISSIONER CONSTANTINE: Thank you very much, by the way,
because that's exactly what I had asked for. That's very helpful.
MR. McNEES: Very good. And Mr. Smykowski did a great job of, I
think, best of all, finding good sources so that we could say, this
isn't our number, we're not making this up, this comes from someone
else outside the county.
CHAIRWOMAN MAC'KIE: That's great.
MR. McNEES: So the dollars for the ad valorem contribution,
under B, you see the annual cost estimated for how much people drive
of the five-cent gas tax that we're proposing would sunset if the
sales tax went into effect of about $25.
And then the sales tax numbers, on the average household, based
on the average wage, which we understand nobody's average, but, you
know, we've got to have something to look at, shows you a net cost for
that typical household of $40 a year from this change. And --
CHAIRWOMAN MAC'KIE: So $40 a year increase, assuming there was
no -- as we agreed, we're going to assume that there's no offsetting
reduction of property taxes?
MR. McNEES: No, that is --
COMMISSIONER CONSTANTINE: I'm just waiting for Commissioner
Norris to step up and say well, that's only 11 and a half cents a day.
CHAIRWOMAN MAC'KIE: It's less than that.
MR. McNEES: Commissioner, that does assume that the road and
bridge -- that does assume off -- lowered ad valorem. Yes, that
assumes that that $81 in ad valorem goes away that they're currently
paying --
CHAIRWOMAN MAC'KIE: I see.
MR. McNEES: -- towards road and bridge and towards capital. So
yes, it does assume that, and assumes that the five-cent local option
gas tax also goes away.
CHAIRWOMAN MAC'KIE: Goes away.
MR. McNEES: You asked about how many dollars --
CHAIRWOMAN MAC'KIE: And Mike, I'm sorry, but I'm not the
swiftest one with numbers, so I'm going to have to be sure I
understand this one because I want to get it.
This sheet basically here says under C that the average, whatever
that is, home would pay $146 a year for this additional penny? MR. McNEES: Yes.
CHAIRWOMAN MAC'KIE: But that theoretically we would reduce the
cost of their property taxes by about 80 bucks, and that by sunsetting
the nickel gas tax early, we would save them 25 bucks a year, so that
the net cost of the average household is about 40 bucks a year.
MR. McNEES: Yes. And --
CHAIRWOMAN MAC'KIE: Okay.
MR. McNEES: -- in a lot of ways, I'm with Commissioner
Constantine on the issue of ad valorem. We certainly don't want to
over promise, because there isn't a specific levy that we can take
away. And as ad valorem grows, part of this is going to be offsetting
the growth, I'm sure. And so that's going to be something we have to
address very carefully, and not in some way over promise. I think
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he's right on point with that.
CHAIRWOMAN MAC'KIE: Because if we could not reduce any ad
valorem, it would be $120 average house -- MR. McNEES: Yes.
CHAIRWOMAN MAC'KIE: -- increase.
MR. McNEES: Yes.
You asked about the interim service fee and how many dollars --
or actually I think someone from the audience asked that last time.
We're estimating the interim service fee could raise 1.4 million
dollars a year. That actually is more of an ad valorem support, a
general fund support more than for something you would probably want
to put in the capital stream, given its size. But it certainly is all
one big pot. And so that amount of money is available to your general
fund.
CHAIRWOMAN MAC'KIE: If we win.
MR. McNEES: If we win, for what that's worth.
You asked could we implement this prior to the year 2001 without
a mail ballot? Our understanding is no. The only way to do that
would be a mail ballot that would happen sometime this year as opposed
to the general election next year.
You asked -- the penny is capped at --
COMMISSIONER NORRIS: Excuse me, Mr. McNees, there's a
presidential primary next March, isn't there? MR. McNEES: March of 2000.
COMMISSIONER CONSTANTINE: But it still couldn't go into effect.
MR. McNEES: It couldn't go into effect until the end of --
CHAIRWOMAN MAC'KIE: January.
MR. McNEES: -- January of 2001, exactly.
There's a cap of $5,000 on the taxable value of a purchase to
which this would apply. It doesn't apply for anything over that. You
asked can you lower that, can you -- and the answer is no, that's a
statutory issue.
And I think probably the general answer to a lot of your
questions is, under the statute this tax is administered like the
other sales taxes in that we do not have an ability to make different
rules for the administration and collection of this tax as the other
six cents. I think that's probably generally what we found.
COMMISSIONER CONSTANTINE: And I had raised that question about
the $50 cap. The question being or the reason being for some of the
big ticket items, whether it's a car or a washer and dryer or some of
those things, people will go to Lee County to save 50 bucks. And
that's a valid concern, I think, from the people who operate those
businesses, that not only am I going to spend more in my personal life
on sales tax, but is it going to impact my company's bottom line? And
I think realistically yeah, it could.
MR. McNEES: It's interesting that you raise that issue, because
that's your next question that I have to answer for you. And I have
what I think is an amazing answer for you. And it's amazing in that
we spoke to two completely unconnected, independent economists, and
they gave us the same answer.
CHAIRWOMAN MAC'KIE: Whoa.
MR. McNEES: Yeah, I find that incredible, two economists that
agree on anything.
And what they said, essentially, we talked to a Dr. James
Nicholas at the University of Florida and to Dr. Henry Fishkind, that
you're familiar with, I'm sure. In fact, Mr. Smykowski did this work
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for us.
Essentially what they said is, people right on the border, there
will be somewhat of an elasticity effect. And they will go -- perhaps
people in Bonita will buy in the Lee County line more than on the
Collier line, and that for the first week or maybe two weeks, people
county-wide will be aware and they may think well, gee, this is a new
tax, I'm going to go to Lee County to buy my refrigerator.
But over time that the effect of those things is minimal and to
the point of nearly negligible. So yes, there is kind of a bang
effect in the beginning. And again, this isn't our opinion, we're not
asking you to trust us, because frankly we wouldn't know. We tried to
find people who do, and that's what they're telling us.
CHAIRWOMAN MAC'KIE: Commissioner Norris?
COMMISSIONER NORRIS: You know, one interesting thing is that
economists and meteorologists are two professions wherein you can be
at the top of your field for your whole career and never be correct
once.
MR. McNEES: I freely admit that. But the fact that two of them
agreed, I found that remarkable in itself.
COMMISSIONER CONSTANTINE: The other worry I have there is
perception. While we say there's a $50 cap, I don't know if the
people always realize that. So if you do go purchase a car, you start
-- it's not a great stretch of the imagination that someone starts
doing the math in their head, and assuming that they are going to be
spending far greater than $50 and as a result make that 25-minute
drive up to Gulf Coast Dodge instead of Naples Dodge.
MR. McNEES: And I think it's incumbent upon us to, as we sell
this thing, if we get there, to make that -- to educate the public and
make them understand what it really means, and that's certainly our
obligation.
COMMISSIONER CARTER: Of course that only assumes that they will
never raise their sales tax in their county.
CHAIRWOMAN MAC'KIE: It does, doesn't it?
MR. McNEES: You asked can we exempt some purchases? That goes
back, I think, to what I said earlier about this works like the other
sales taxes in that we can't specifically exempt something that's not
exempt under the existing sales taxes.
With that, you talked about us bringing you options. And I think
that applies pretty much to the timing issues and for how long and
whether frankly a half a cent or a full cent, and I think that that
discussion is better had once you've talked about the projects and
once we get an idea. And we've given you a price tag that I'm certain
is not going to be the same at the end of day as it was before we
started. And that that probably -- we need to hold that off until we
get to the actual -- through the projects.
With that, that answers the questions that you've posed to us so
far, and I would propose to begin to walk through the projects, unless
you have something else you -- another way you'd like to approach
this. I don't really know any other way to get there.
CHAIRWOMAN MAC'KIE: Questions, board members, before we start
talking about projects? Let's go.
MR. McNEES: Okay. I think I need Mr. Kant first.
What we've done is given you project lists and explanations as
best we could in its capsule form. And we understand that not
everything on this list can you probably tie to a general county
benefit. You may not think it's appropriate for a sales tax, and
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April 13, 1999
that's why we're here for you to tell us that, to begin to take things
off this list.
We have not included in your list the adopted road capital
improvement element from your Growth Management Plan. It was our
assumption that you have dealt with that plan in detail in other
forums and approved it and manipulated it where you thought it was
appropriate, and so we're not asking you to walk through that again
today. We assume that your approval, that would still hold. So we're
dealing with essentially other things on the road issues, and --
CHAIRWOMAN MAC'KIE: Tell us first what's the number on that one,
though, to remind us, in case we're running a tally.
MR. McNEES: $212,000,303 in projects.
CHAIRWOMAN MAC'KIE: Over how much time?
MR. McNEES: Over 10 years.
If you wanted to apply all existing revenues to that, which I
assume you probably would, your deficit just related to that is about
23 million dollars.
CHAIRWOMAN MAC'KIE: And when does the deficit kick in? What
year? Because we're pretty good for a few years.
MR. McNEES: In the year 2000.
CHAIRWOMAN MAC'KIE: Wow.
MR. McNEES: A piece of that deficit.
CHAIRWOMAN MAC'KIE: So as of the year 2000, a piece of how much
of the 23 million?
MR. McNEES: 9.9.
CHAIRWOMAN MAC'KIE: Wow. We have a 10 million dollar deficit in
our road -- in our MPO's adopted road plan as of 2000, assuming we
apply all of our capital money to the 212 million dollar 10-year road
plan.
MR. McNEES: Yes, and that assumes --
COMMISSIONER CONSTANTINE: Beginning at the fiscal 2000 or at the
conclusion of fiscal 2000?
MR. McNEES: For budget purposes, those are the same thing.
CHAIRWOMAN MAC'KIE: Well, that's true.
MR. McNEES: During fiscal -- I'm not trying to avoid your
question. I'm not sure I understand.
COMMISSIONER CONSTANTINE: This September 30th, will that be the
last day that a representative of the community won't be 10 million
dollars in debt, or will that be something that is real-life following
September 30th?
MR. McNEES: What that means is some time during fiscal 2000, we
would have to begin to leverage gas taxes to pay for the projects that
are in the 2000 budget. Is that --
COMMISSIONER CONSTANTINE: Yes.
MR. McNEES: And I see people have already discovered there are
copies here, because they're almost gone. So we have more copies of
these lists for anyone that wants one.
CHAIRWOMAN MAC'KIE: Is that something different from what we
have here in this long memo?
MR. McNEES: No, it is exactly the same thing.
So I would take you to the first little print page, which is the
second page of your handout. What you see on this sheet -- you'll
recall that not long ago you directed staff to come back and tell you
what level of service enhancements could be made to your current road
system outside the scope of the capital improvement element, and what
would they cost, and what would the impact be.
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April 13, 1999
What you see on this page essentially is the result of Mr. Kant's
work on that issue, how levels of service could be improved and at
what cost. And frankly, you've had this and hopefully had a chance to
review it a little bit. I'm going to turn the floor over to him for
your questions regarding what these things mean, if you have them, and
to work down the page.
CHAIRWOMAN MAC'KIE: Just a question, that the bottom is that
it's 100 million dollar shortfall? Do I read that right?
MR. KANT: Edward Kant, transportation services director.
That's correct.
CHAIRWOMAN MAC'KIE: Is that in addition to the 23 million dollar
shortfall that Mr. McNees just told us about?
MR. FINN: If I may, Madam Chair? Edward Finn, public works
operations director.
This sheet is cumulative of the static shortfall in the AUIR. The
shortfall we're talking about is the five-year plan extended out to 10
years, which, if you're familiar with that planning document is not
the way that document is, rather, it groups all the out-year projects
as just one lump sum.
Mr. Kant and I went through that and tried to assign those
projects to the proper years, extending them out 10 years. So in
short, it's the AUIR shortfall, plus these enhancements on this page
provide the total shortfall shown on this page. CHAIRWOMAN MAC'KIE: Thank you.
COMMISSIONER CARTER: Are they going to include the three
million?
MR. McNEES: A number of the items that you see in the very top
of the page don't actually cost you more money. They're what Ed calls
timing changes to advance something. And some of those you asked us
specifically for. I think Immokalee Road is one where you asked us,
show us what it would take to advance that project on the schedule, so
they don't actually -- over the 10 years, they don't cost you more
money, they just change the timing.
CHAIRWOMAN MAC'KIE: So does anybody have questions about those?
Are those items we're still -- we've pretty much beaten that horse. I
mean, those are enhancements that we hoped to see, if we can find a
way to pay for them.
COMMISSIONER CONSTANTINE: This is not a huge dollar item. We're
working on this whole page right now.
CHAIRWOMAN MAC'KIE: Just this very first, first little graph.
Then we'll go to this -- that's project timing changes that we were
just talking about. Does anybody have any other comments on that
section?
Then we could go to capacity and safety enhancements. That's the
first new money change, as I see it.
COMMISSIONER CONSTANTINE: When we talk about advanced
right-of-way, the way I read this is as though -- in our little brief
summary attached, is as though we're looking at things way down the
road, 20-year plan or something. And we just need some help with
that, because we're constantly told, you know, your one through five
are pretty solid, your six through 10 are reasonable expectation, but
once we get beyond there, we're guessing a little bit. So I need some
help here if we're spending money on right-of-way for something that's
in the year '18. While I appreciate the savings in buying something
up front, perhaps considering our dilemma, that might not be the
choice we have to make.
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April 13, 1999
MR. KANT: No, Commissioner. I believe that the intent was to
show that we have a limited pool of advanced right-of-way funds right
now, and we can identify a number of roadway segments, including at
least two corridors, where we, I guess you could say, are in the path
of progress. And we believe it would be prudent when we have the
opportunity to reserve or purchase any right-of-way to be able to do
that.
One of the issues that we've been -- been brought to our
attention on a number of occasions by the County Attorney's Office is
that it's very difficult to try to constrain a development by
suggesting that we want to reserve a right-of-way, unless we're
prepared to buy it, or at least unless we're prepared to work with
that development entity to make sure that their property rights are
protected.
CHAIRWOMAN MAC'KIE: That old constitutional prohibition problem.
MR. KANT: That's correct.
CHAIRWOMAN MAC'KIE: Sorry.
So in this column here, capacity and safety enhancements, it
looks like it's a 54 million dollar package. Can you tell us a little
bit about what each one of those are?
MR. KANT: Yes. Well, we just talked about the advanced
right-of-way.
The second item is probably the one of most interest at this
point, and that is what we're calling intersection improvements. And
what we've done is, we've shown that there are some dollars we would
like to see programmed at some point in time for interchanges,
overpasses, grade separations, flyovers. Pick the word you like.
These are intersection improvements that will most likely be quite
necessary.
The MPO approximately a year ago identified 21 intersections that
were likely candidates to require some type of overpass, flyover,
interchange, et cetera. And what we have done is we've tried to show
some funding that would cover at least three or four of these so that
after the MPO and the board goes through the prioritization process in
determining what becomes the most critical and what they want to see
done, we will have some funds programmed to do both the preliminary
engineering work, the design work, and ultimately the construction.
CHAIRWOMAN MAC'KIE: And this is enough money for three or four
flyovers; is that what you're telling us?
MR. KANT: At this point, yes. I believe the total was -- yes,
is 40 million. Again, that's -- the big driving force there will be
the cost of right-of-way.
CHAIRWOMAN MAC'KIE: Okay. Any particular comments on that one,
or should we go ahead and hear about the Gordon River Bridge?
MR. KANT: The Gordon River Bridge, you'll notice we did not put
any dollar amount in there, because there have been several proposals
over the last, oh, five years at least, possibly longer, for how such
a structure might be funded. At one point, some 10 or 15 years ago,
and possibly more recently, they were talking about a toll bridge.
So what we wanted to do was to point out that that particular
structure, depending on what its final geometry is, if it's a two-lane
versus a four-lane or a six-lane, could run anywhere from 14 or 15
million up to 30 some odd million.
But we wanted to make sure that if, in fact, that comes about
more rapidly than is presently thought might happen, and I say that
only in that there is no present plan for it. It's shown on the
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April 13, 1999
long-range plan but we don't have a footprint, we don't have any
location, but there may be a need to do some additional engineering
work. And we wanted to bring that to your attention.
CHAIRWOMAN MAC'KIE: Mr. Kant, you're aware about the City of
Naples and Peter van Arsdale's project and the fact that they're
considering putting that on a ballot for consideration about whether
or not the city residents alone want to pay for building a two-lane
bridge across the river. And then we, of course, would have the
obligation thereafter.
MR. KANT: I'm not familiar with any detail. I know that that
issue was brought up by council, yes.
CHAIRWOMAN MAC'KIE: I'd ask you to get involved in that process,
if you can, just to at least keep us current, so that if in fact we
should have a 14 million dollar number on here, because that's what a
-- that's what two lanes of bridge is going to cost, and they're going
to build two, they're asking us to build two, you know, just so we
have as current information as we possibly can.
COMMISSIONER CONSTANTINE: I don't mind having that information,
but the voters just voted against that two years ago. So unless we
are going back to a ballot specifically for that, I don't know how we
justify spending that money.
CHAIRWOMAN MAC'KIE: Yeah, I understand it's one that might not
get support of the majority of the board, but I'd at least like to
know what the number is as we go through the discussion.
COMMISSIONER CARTER: I'd like to know the number. And I
understand they're taking it to ballot, aren't they?
COMMISSIONER CONSTANTINE: The city is.
COMMISSIONER CARTER: The city's taking it to a straw ballot.
CHAIRWOMAN MAC'KIE: Right. The city is certainly in support of
it. It failed on a county-wide basis some of us think because the
location was wrong. Some people think for other reasons. So --
COMMISSIONER CARTER: I think we've got to crank the numbers.
We've got to look at the possibility. It doesn't say we're going to
do it, but you know, I'm just a what-if kind of guy. I'd just like to
know.
CHAIRWOMAN MAC'KIE: Yeah. So if you'd get us, you know, a
little ~- your better what-if on that one, Mr. Kant.
COMMISSIONER BERRY: Are you saying just for the bridge, Madam
Chairman?
CHAIRWOMAN MAC'KIE: Well, there's no sense in building a bridge
unless we build the extension of the road and -- COMMISSIONER BERRY: Absolutely.
CHAIRWOMAN MAC'KIE: -- I think Mr. Kant will come to that
conclusion on his own. I was just hoping he started looking at it,
but --
COMMISSIONER BERRY: I agree. We don't want a bridge to nowhere.
MR. FERNANDEZ: Madam Chairwoman?
CHAIRWOMAN MAC'KIE: Uh-huh.
MR. FERNANDEZ: I think it's important that we understand clearly
your intentions here about our involvement, the involvement of the
county staff in this process. As I understand it, you want us to be
able to report to the board periodically the progress that the city is
undertaking; is that correct?
COMMISSIONER CONSTANTINE: A monitoring function.
CHAIRWOMAN MAC'KIE: A monitoring, so that we'll know -- so we'll
be prepared, frankly, to make a decision should the City Council put
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April 13, 1999
the question to us, if we pay for two lanes, will you pay for the
other two and will you continue the road. I mean, I expect that
question to be put to us, frankly. And if we're not involved in the
process, we're not going to be prepared to answer it. That's what I'm
looking for. Is that acceptable?
COMMISSIONER CARTER: It's acceptable to me.
COMMISSIONER BERRY: It is to me as well.
CHAIRWOMAN MAC'KIE: Okay. Is that clear?
MR. FERNANDEZ: Okay. Thank you.
CHAIRWOMAN MAC'KIE: Thanks.
Capacity enhancements, Mr. Kant?
MR. KANT: Yeah, the next one -- or actually the next two,
capacity and shoulder safety, those have to do with continuing the
programs that we started with turn-lane improvements. We've started
adding some shoulders at key locations. And if anybody hasn't yet, I
invite you to go out some evening and take the big curve out by
Randall Boulevard, I think you'll find a substantial improvement.
CHAIRWOMAN MAC'KIE: Good.
MR. KANT: That's a program that, frankly, we took a little bit
of a chance on it and it worked out very well, because I've been in
contact with the FDOT, and they were pleased with how it worked on the
East Trail. And I think we're going to be very pleased with how it's
worked out there.
So those are the types of things that we want to do. They're
absolutely necessary. We want to be as innovative and at the same
time as practical as we can. And that type of treatment is a little
bit more expensive than our normal shoulder treatment, which would
just be the white stripe and the flat pavement.
CHAIRWOMAN MAC'KIE: And as we're just sort of going down this
list, I assumed -- well, I assume that at the end of the list, we're
going to tell staff which projects we think are essential and which
projects we think are -- bear further consideration, and which ones we
think should not be included. So everybody's sort of making their own
notes as we go, I guess.
MR. KANT: We are presently, at least as of last year, we had
begun to fund these programs at a relatively low level. I don't have
the figures in front of me. And we would like -- as time marches on,
costs tend to march on in terms of the increase in costs. And so we
would want to make sure that we are able to both stay up with
inflation and with our needs as the county grows.
MR. McNEES: And to address your comment, Commissioner Mac'Kie,
absolutely, we would appreciate it. If you'll make your notes and let
us know clearly if there are things in there you don't want to talk
about anymore, we need to know that.
CHAIRWOMAN MAC'KIE: So we'll finish this page and then we'll go
back and do that.
Okay, traffic signals. Is that where we are now?
MR. KANT: Yeah. Those -- these again are existing programs
which we, at least the first two, the traffic signals and the
county-wide bike paths, we're finding that the -- there is an increase
both in the number of signals we seem to be putting up every year and
also an increase in the cost as we go to more interconnections. And
once the new county-wide computerized signal systems comes in,
everything will have to be interconnected.
The county-wide bike paths, the board has expressed many times an
interest in trying to get the blank spots filled in, as well as going
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April 13, 1999
back and retrofitting certain neighborhoods. The level of funding on
this has been, again at, we believe, a fairly minimal level. And we
would propose that we could improve the speed of seeing some of those
enhancements by adding to the funding level.
I might point out that this last year was a good example. We had
250,000 budgeted. When the bids came in based on the prioritization
of the PA -- Pathways Advisory Committee, we would have had to spend
about 350,000. We were fortunate in being able to find the money
through some carryforward. But typically these costs have been
escalating both as to the scope of the projects and the cost per
square foot.
The other item, the last item --
COMMISSIONER CONSTANTINE: Can I just address the bike path one?
Particularly those in neighborhoods and all, we know there are
particular older communities are behind and we need to play catch-up
there and do what we need to do.
One item that was mentioned in the description here was along
arterials. It just seems like dollar for dollar that is probably not
-- if we're talking about a money shortfall, that's probably not the
wisest expenditure of money. Because I'm not going to see someone -~
realistically, I'm not going to see more than a dozen people on Golden
Gate Parkway driving from Golden Gate --
CHAIRWOMAN MAC'KIE: Peddling.
COMMISSIONER CONSTANTINE: -- into their work at the mall or
somewhere. And so I hope we don't look to spend much in that way.
Whatever money we have, we certainly can put to good use in
neighborhoods in those areas.
MR. KANT: Perhaps in my zeal to explain these programs, I
misspoke. Typically sidewalks on the arterials are included with the
capital projects that they're associated with. This particular
program was always intended that it would be more neighborhood and the
missing link type projects as opposed to the arterial. So for that, I
apologize for being unclear.
CHAIRWOMAN MAC'KIE: I would just say, you know, as much as I
like that and want to support it, it's lower on a priority list when
we don't have money. It's lower than something else for me. And we
-- just realistically.
MR. KANT: We do agree, however, in the last five or six years
our consciousness to the intermodal methods of transportation have
certainly been raised, and that has been as a direct result of the
voice of the people in the county wanting these facilities.
The last --
CHAIRWOMAN MAC'KIE: Intermodal.
MR. McNEES: That means that we're more aware of the need for
bike paths.
CHAIRWOMAN MAC'KIE: Thank you.
COMMISSIONER CONSTANTINE: Outside of this forum, Mr. Kant, I
also want to catch up with you on one of those missing links, too.
Not today.
MR. KANT: The last item on that list, which is again bridge
rehabilitation, we have 116 bridges of various lengths and ages and
configurations. Some of those bridges are approaching functional
obsolescence. Some of those bridges need some enhancements to bring
them up to what will be, I guess, a -- I don't want to say up to code.
They're all up to code. But we have -- we're finding that because of
the change in travel patterns, some areas that weren't getting a lot
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April 13, 1999
of traffic are starting to get more traffic. So we want to go back
and look at those -- that program.
I can state categorically we do not have a single bridge in this
county which is in danger of any structural failure. That's not the
reason why we have that program there. That program is to allow us to
enhance these bridges and if necessary to replace them because of the
traffic considerations.
If they're off the arterial system -- and there are a slew of
them, as you're aware; they're off the arterial system in the Golden
Gate Estates area and in some other areas -- they would not normally
be included as part of an arterial capital project.
We are also looking forward to the Golden Gate master circulation
plan that the MPO has on its work program, and I anticipate that there
will probably be some proposals for additional canal crossings in the
Golden Gate Estates area to hook up with other connectivity issues.
So we want to -- we believe that this is probably going to be a
possible vehicle for funding those types of issues, too, of bridges.
If you have any other questions, I'll try to answer them.
CHAIRWOMAN MAC'KIE: So the summary there -- I don't have any
other questions. I'll just go first and tell you my responses is that
on the project timing changes, all of those I think are valid projects
that need to stay on the list.
On the capacity and safety enhancements, I wish I could tell you
that I don't want to fund those flyovers, but I guess I don't have an
option. I wish -- I would prefer to be spending money there, if we
could get just even more creative about alternatives, and I understand
there probably aren't any.
I do want to see a Gordon River Bridge number on there; not
because I'm suggesting this is how to fund it, but just because I want
to stay informed.
And then the shoulder safety, I agree with. The traffic signals,
I agree with. Bike paths, I think could be reduced. And I'm betting
that the bridge number could be reduced, is my personal vote.
Commissioner Constantine?
COMMISSIONER CONSTANTINE: We're looking at 100 million dollar
shortfall here. The last thing I want to see is another number added
to that.
COMMISSIONER BERRY: However.
COMMISSIONER CONSTANTINE: The tough part is we keep hearing
well, we would like that. The voters did, whatever their reason --
and there is disagreement over what the reason was, but whatever the
reason, they did vote roughly two to one against that. And I think we
need to be very careful not to ignore that --
CHAIRWOMAN MAC'KIE: You're right.
COMMISSIONER CONSTANTINE: -- a couple of years down -- just a
couple years later. And we need to be very clear on how we're going
to fund that.
But to the best of my knowledge, the transportation studies still
all show -- the models show it's not due yet, it's not required yet.
And so I think we had this perception and this discussion ongoing, but
the studies that we depend on for every other aspect of our road
planning show that that isn't due in 1999. And it's not due for a few
years yet.
And it may be in this window somewhere, but when we're looking at
a shortfall for these things we know are due of 100 million, the last
thing I want to do is add something else that there's no substantive
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April 13, 1999
backup that's due immediately.
The other is, just to go back to my question before on the
advanced right-of-way purchase, how far -- I guess the question I did
not get answered was how far in advance are we purchasing that?
MR. KANT: It varies. We're --
COMMISSIONER CONSTANTINE: What would be the longest?
MR. KANT: I don't have a direct answer for you, Commissioner. I
don't know.
COMMISSIONER CONSTANTINE: Ballpark it for me.
MR. KANT: I could try to find out.
COMMISSIONER CONSTANTINE: Is there anything outside 15 years
that we'd be buying right away for? MR. KANT: Immediately?
COMMISSIONER CONSTANTINE: In this --
CHAIRWOMAN MAC'KIE: On this sheet of paper.
MR. KANT: I'm not able to answer your question, Commissioner.
COMMISSIONER CONSTANTINE: Because those are the kind of things
that I think could be trimmed there. I know good planning tries to
get it as far in advance as we can. But if we're facing this and it's
a matter of prioritizing, if something appears in year '18, then maybe
I can't afford to buy that right now.
MR. KANT: If I may, if I can use as an example, we know that we
have a corridor study in effect right now that we're looking at for
the Santa Barbara Boulevard extension south of Davis Boulevard
somewhere. We haven't come to any decision. The board hasn't given us
direction on that, but it's moving forward.
At some point there is going to be a corridor and alignment
defined that says the road's going to go from this point to that
point. As those areas begin to develop out, whether it's in
single-family lots, whether it's in the PUD, whatever it's in, I think
it's incumbent on staff to be able to look at that and say well, we
know we're going to have a road going through here, we have to work
with this development entity. And if some of those development
entities turn out to be single-family homes, we may have to approach
them at that point and say, we need to buy a 30-foot strip and we need
to do it now, because that's the only way we're going to get it.
COMMISSIONER CONSTANTINE: Right.
MR. KANT: And that's why I'm having trouble answering your
question as to how much or when. It happens almost daily.
COMMISSIONER CONSTANTINE: Santa Barbara project, just help me,
is projected 2008, 2009? Is that our latest numbers we're talking?
MR. KANT: I don't have the number.
COMMISSIONER CONSTANTINE: 10-year plan.
MR. KANT: It is within the 10-year plan. And from a road
building perspective, that's very close.
COMMISSIONER CONSTANTINE: Yeah. And the 10-year plan I don't
have such a worry about. It's just I know we have other things drawn
in that we speculate about on even a longer term, and that's if those
are included anywhere, and they may not be, but if those are included
in our right-of-way purchases and we're looking at year '18 or fill in
the blank in a 20-year window beyond 10 years, that's one of the items
that would be a lower priority for me on the spending. That's all I'm
saying.
COMMISSIONER NORRIS: I think all they're trying to say to us is
that Livingston is not going to be able to connect to Davis anymore,
and they're trying to avoid that kind of situation in the future.
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April 13, 1999
COMMISSIONER CONSTANTINE: Yeah.
MR. FINN: Yes, sir.
CHAIRWOMAN MAC'KIE: Do you have opinions, generally,
Commissioner Constantine? Do you want to tell us, is that the only --
the Gordon River Bridge you object to. That one you would like to see
more information? Are there others?
COMMISSIONER CONSTANTINE: Yeah. The right-of-way, the Gordon
River Bridge and the bike paths. I think as long as the bike paths,
money is being spent in neighborhoods and taking care of those type of
things. But it just on a dollar for dollar basis doesn't make a whole
lot of sense to me to be putting in anything additional on the
arterials. And I think Ed's already answered that.
CHAIRWOMAN MAC'KIE: Commissioner Carter, you want to go through?
COMMISSIONER CARTER: Well, you know, I struggle with this, but
I'm going to go back to the people who have put it together, the
experts, who are -- that we pay to project and give us information.
And I know it's cheaper to buy road access today than it is 10 years
from now or 15 years from now. And if I didn't need it, I could
always sell my access. So I can understand why you've got the number
there, and that's why I would support the number.
Bike paths on arterials, I agree that -- but that's already
funded in a different direction. The neighborhoods need the bike
paths, and so that's what these numbers are for. Then I'm saying
that's a realistic number.
In fact, probably everything here is a realistic projection of
what we need to do and we've got to figure out how to pay for it. And
we've got to bite the bullet somewhere to say this is what we're going
to do.
Now, the only exception to that, as I understand it, is the
Gordon River Bridge, which is not a hard issue, meaning that we know
we're going to have it or not have it. But I'd sure like to be
prepared if the city goes forward that we don't end up building a
two-lane bridge when we needed a four-lane bridge and we end up
costing the taxpayers an enormous amount of money because we've made
some shortsighted decisions. So I would like to see that factored
somewhere in this process.
CHAIRWOMAN MAC'KIE: The balance you support?
COMMISSIONER CARTER: The balance, I may not like the number, but
I have not -- it's not been demonstrated to me, other than the Gordon
River Bridge, which is not even in here, but the rest isn't needed and
that there hasn't been a lot of thought going into this process in a
strategic long-range plan to take us where we need to be, long beyond
when I sit in this chair.
COMMISSIONER NORRIS: For today's purposes, I'm willing to just
accept the spreadsheet as presented here today rather than start
tinkering with it.
CHAIRWOMAN MAC'KIE: Okay. I think they want us to tinker,
though, if we're going to --
COMMISSIONER NORRIS: Well, if there's something glaring on
there, like if they had some money in there for alignment A, we would
be having a conversation.
CHAIRWOMAN MAC'KIE: Okay, thank you.
Commissioner Berry?
COMMISSIONER BERRY: The only item on here, and I don't know,
hasn't really been mentioned too much, is under item ~- or Roman
Numeral I, the Logan Boulevard from Pine Ridge to Green Boulevard.
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April 13, 1999
They're mentioning here that this could be removed, at least moved out
from 203 to 207.
COMMISSIONER CONSTANTINE: But you have a lot of happy people
live on those streets.
COMMISSIONER BERRY: And I understand that. You know, and again,
I'm -- frankly, I'm just about as much concerned with Logan north of
Pine Ridge Road from Pine Ridge North to Vanderbilt Beach in terms of
doing something, some enhancement along that side of the roadway. At
least south going down to Santa Barbara, at least it's a four-lane at
this point in time. Four-lane? Six-lane? Four, okay. But the north
is the two-lane roadway, and, you know, that's where it bottlenecks,
and, you know, I've got some concern about that, that stretch of
Logan, frankly.
But anyway, I don't see anything in here talking about the bike
paths. Sure, you know, I imagine that some people consider that a
frill. On the other hand, I can cite one particular bike path that's
been put in, and no, it's not in my district but boy do the people
ever use it. It's just amazing.
And now with the new shopping center coming down on Vanderbilt,
I'm wondering where this is -- how this could be connected up. I'm
talking about the bike path that comes down Oaks Boulevard. That bike
path is -- I have never seen an area so busy both with adults,
children. I don't care whether you're going there in the morning or
afternoon, there are people out using that bike path.
With the new shopping center coming on the corner of Vanderbilt
and Airport Road, to me this would be a perfect area to link up with
the sidewalk and make it available for people to get across Vanderbilt
Beach Road, get on a sidewalk and go down to this particular shopping
area.
Somehow or other I'd like to see if that would ever work, because
I think this is -- would be a great test area.
COMMISSIONER CONSTANTINE: Me, too, because I'm building a house
there.
COMMISSIONER BERRY: I know you -- in that case, we're going to
take it out.
COMMISSIONER NORRIS: Take it right now.
CHAIRWOMAN MAC'KIE: Okay.
COMMISSIONER BERRY: But there are certain areas. I can't say
that we just blanket bike paths, but certain areas I'd like to --
CHAIRWOMAN MAC'KIE: Are we finished with this particular page --
MR. McNEES: I need to point out --
CHAIRWOMAN MAC'KIE: -- because I'm looking at our court reporter
looking weary.
MR. McNEES: I need to point out one thing before we leave the
road sheet. I promised you that if the numbers ever changed, I would
point them out to you. The original spreadsheet that you got on the
capital project needs, which is the next to last sheet in your package
that I gave it to you just for your reference, shows at the very top
you see a road capital number and a level of service enhancement
number on the far right of 54 million dollars? That 54 million
dollars ties into this number on the sheet that we've been working
from, but does not include the 10 million that wasn't -- we didn't
look at that as a road project giving bridge rehab and the bike paths
and the signals, that wasn't shown to you originally. That's why
there's from 90 to 100, that number has changed.
And I want to make sure I point that out, because that is a
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April 13, 1999
change, and I know how we don't like surprises in the numbers. And
that's where that comes from. And I want you to understand that.
CHAIRWOMAN MAC'KIE: Mr. Kant, do you think you've got direction
from a majority of the board about the items you have on and off? MR. KANT: I believe so, thank you.
CHAIRWOMAN MAC'KIE: Okay. And Commissioner Constantine, that
procedural question --
COMMISSIONER CONSTANTINE: Let's proceed -- when we return from
our break, our plan is to do what, to go through each of these pages
and go through each of the items the way we did with the road
projects?
CHAIRWOMAN MAC'KIE: Unless somebody has a better idea.
COMMISSIONER CONSTANTINE: Can I just suggest maybe when we come
back, we've only got two public speakers, maybe we'll hear from them
first and then continue on with our list?
COMMISSIONER NORRIS: They could speak while we're on break.
CHAIRWOMAN MAC'KIE: I'll defer to them, I guess, if they want to
speak earlier or later. Let's take a five-minute break. Be back at a
quarter till.
(Recess.)
CHAIRWOMAN MAC'KIE: We'll reconvene the meeting of the Board of
County Commissioners, the sales tax workshop. And we're to stormwater
management, capital improvement program items.
MR. McNEES: For your reading pleasure, I have put on your desk
an enlarged version of the spreadsheet so that you can read it a
little more easily.
CHAIRWOMAN MAC'KIE: I made a copy.
MR. McNEES: It's the same numbers as is on the spreadsheet that
is attached, but this one's a little easier for you to read.
COMMISSIONER BERRY: Thank you.
MR. McNEES: We are in the same mode as we were before, only
we're here with John Boldt. And you do have detailed paragraphs
describing these projects; hopefully you've been able to go through.
And I'll just turn it over to John.
COMMISSIONER CONSTANTINE: Without doing it, is there any of
these that anybody on the board doesn't think we need to be doing? As
I look at the basin items and the different flood abatement project,
there's just not a whole lot of give there.
COMMISSIONER CARTER: I would not want to make a decision and
pull one of those, Commissioner.
CHAIRWOMAN MAC'KIE: I've been beating this drum for a long time.
We need to be doing this.
COMMISSIONER CONSTANTINE: Except maybe the Gateway Triangle.
CHAIRWOMAN MAC'KIE: Watch it.
COMMISSIONER BERRY: Yeah, that's the only one I can see that --
CHAIRWOMAN MAC'KIE: Back off.
COMMISSIONER BERRY: -- we ought to really look at.
CHAIRWOMAN MAC'KIE: Back off, all of you.
They're kidding, people.
COMMISSIONER NORRIS: Let me ask a question, though, on the
thing, on the global perspective. Out of 54 million, we're showing a
36 million shortfall. So assumedly, if we don't have another funding
source, all these projects are not going to get done.
CHAIRWOMAN MAC'KIE: That's right.
COMMISSIONER NORRIS: Not all these projects are going to get
done, I should say.
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April 13, 1999
COMMISSIONER CONSTANTINE: Assumedly (sic).
CHAIRWOMAN MAC'KIE: Presumedly.
COMMISSIONER NORRIS: Assumedly is a word.
COMMISSIONER CARTER: Well, I would guess we would find that out.
If we go forward and we do what we want to do and we're rejected,
then we won't have to get out the knife and do some big time cutting
to find some alternative sources.
MR. McNEES: Forgive me, but I guess I have to raise what is the
issue that you will hear, and what I hear and am hearing since people
are calling me Mr. Tax now, the issue with some of these being can we
demonstrate county-wide benefit? Now, I think that your staff is
telling you generally even if you talk about water quality issues in
the discharge areas, for example, Rookery Bay, Naples Bay, we're fine
with these being county-wide benefit. That is an issue. And I'm
hearing you all say you agree. I just want that to be on the record
that you're aware of that and that you feel like these are still
important from that standpoint.
COMMISSIONER BERRY: I look at it this way: Which one of these
projects would anyone consider frivolous? In other words, we're just
doing it for the -- you know, it might be a nice thing to do. I don't
look at any of these as -- in that category.
CHAIRWOMAN MAC'KIE: If you need some stories from some of these
about the flooding problems that people are experiencing, you know, we
can certainly bring those up, it wouldn't be hard at all.
COMMISSIONER BERRY: The sad part is right now we're in a drought
situation and nobody's feet are wet, and these don't seem to be a
priority among residents. And that's unfortunate.
CHAIRWOMAN MAC'KIE: Then that would be a short discussion of
stormwater, unless any other comments. It looks like we think all of
those belong on the list, with the funding ratios currently
prescribed.
MR. McNEES: One of your best presentations I've ever seen you
give. Thank you.
CHAIRWOMAN MAC'KIE: I didn't get back to the TAG guys to ask if
they would like to speak now or later. Now? Well, is that -- does
the board agree with that?
COMMISSIONER BERRY: Sure.
CHAIRWOMAN MAC'KIE: Let's go ahead and have -- call for our
public speakers, and then we'll get back to the lists.
MR. FERNANDEZ: Two speakers are Ty Agoston and Victor Neiditz.
CHAIRWOMAN MAC'KIE: As you're coming up, I'm going to say that
-- and I've already told you this privately, how much I appreciate
your accepting the challenge that we have put to you. You and Mr.
Summers were here before and you know that we've noted with great
regret his passing and appreciate your picking up the torch by taking
that challenge that we put to him and to Mr. Neiditz in bringing us
some answers and not just some complaints.
COMMISSIONER CONSTANTINE: Is there some sort of a rift tie
between you and Commissioner Carter? MR. AGOSTON: I'm sorry?
COMMISSIONER CONSTANTINE: I was just noticing how you kind of
blocked Commissioner Carter out here and I was just wondering if you'd
-- if he'd aggravated you in some way.
CHAIRWOMAN MAC'KIE: Actually, I think Commissioner Constantine
is bored --
COMMISSIONER CARTER: You're in rare form today.
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April 13, 1999
MR. AGOSTON: Actually, it was a conspiracy on part of the staff.
CHAIRWOMAN MAC'KIE: A little troublemaker.
MR. AGOSTON: Ladies and gentlemen, my name is TyAgoston. I
live in that less attractive Golden Gate Estates.
CHAIRWOMAN MAC'KIE: We know.
MR. AGOSTON: And I'm speaking for TAG.
Earlier a number of you mentioned whether we should trust the
government. Well, a couple of years ago I was involved in a sales tax
issue that the county voters had rejected the rate of two to one.
Now, I may have a problem with the language, but that meant a pretty
straightforward message to me.
A while before that there was a similar vote on the Gordon River
Bridge, and this again, Mr. McNees have (sic) mentioned that it went
down two to one and we're still back discussing it. That might
contribute to the reason why the public does not trust government,
because we -- either we don't mean what we say or we don't follow
through.
And Mr. Constantine referred to the potential changes down the
road that could affect situations now and then, should not affect our
decision today. Our decisions today should be based on current
situation, and down the road it should be brought up that, well, we
have to make a change, and just like we have the gasoline tax, it
should be sunsetted. It was promised, it should be sunsetted. If we
need another gas tax, it should be put in front of the voter and let
them decide.
I also have a problem -- I don't quite know what the word would
be, what's the noun for ethical -- but the ethics of using the staff
in promoting a tax. You guys live and die by the voting public. The
same public who's going to pay for this damn thing.
I have no problem with whatever you decide to do, and you bring
it in front of the voting population and they approve it or disapprove
it. But for them to promote a given format and a given format of
taxation, I consider unethical. It also allows you to essentially
hide behind them. They are going to plow through the hard objections
and you be able to sit back and be a lady or a gentleman, whatever
case may be.
CHAIRWOMAN MAC'KIE: What do you pick, John?
MR. AGOSTON: Is there any question?
I happen to bring up a point that I have read this from many
economists, that every time you have a tax increase, you're taking out
a group of mothers from the home and put them out to the work force in
order to help pay for that increase.
Now, of course a sales tax has been minimized to say well, it's
only a penny. Be as it may, there is the old proverb of the last
straw that breaks the camel's back.
Consequently, I consider it cruel to raise taxes. We at this
point already over the past 30, 40 years have increased taxes by a
very substantial margin. And for you to sit there in a county that is
constantly growing and not hold those people who are bringing in the
additional expense, the additional cost, pay for those additional
costs.
And of course, you know, we talk about well, the starting home
costs would be outrageous. I don't see that to be an excuse. If it's
your first home, you chances are you'll buy in an old area with a used
home. So as far as I can -- I'm running out of time. Thanks very
much.
Page 23
April 13, 1999
MR. FERNANDEZ: Mr. Neiditz?
MR. NEIDITZ: My name is Vic Neiditz. I'm a resident and I'm
speaking for TAG and also for myself.
What I don't -- and I'm not going to say -- I'm not going to
repeat everything that was in the letter. You received the letter.
The newspaper was very friendly to us, published our piece, and there
are no secrets. But the one thing that I don't understand is why
you're going around the bush and not talking about impact fees.
You've come here with 100 million dollar deficit shortage for a
road building program. Seven weeks ago, it was only 90 million.
Well, we've put in another 10 million. I'm not going to quibble about
the 90 or 100.
But the fact is that we are living with an impact fee schedule
that was put in based on 1991 costs, and when the consultants
recommended the impact fee schedule, you folks had them reduce it by
some 35 percent. And what I'm saying to you is that if you were to
enact the original fees recommended by the consultants seven years
ago, and if in addition you were to enact a higher level to account
for the increase in building costs, I'm told by your own staff and by
the ordinance that the cost per lane mile was $854,000. Today it's
something like one million one or one million two. My arithmetic
tells me that's a 35 percent increase.
What I'm saying is that if you were to increase your impact fees
to account for the original schedule and then increase them to account
for the change in the cost, you would be achieving an additional
revenue of 80 million dollars. That's pretty close to the 90 or to
the 100. And somehow you don't talk about it. You don't see it.
You're interested primarily in sales tax. And that's -- I'm not going
to comment on other things.
Obviously, I'm not a -- I'm not knowledgeable about stormwater
systems, but I do remember not so long ago in Pelican Bay they had a
problem with mangrove deterioration. And when they analyzed the
problem, they found that Westinghouse was largely responsible. And
the result is that Westinghouse is paying part of it. And of course
when you folks -- when there are other stormwater problems, MSTD's
have been established and people have paid for them.
So what I'm saying to you is that why don't you charge the people
who are benefitting from it instead of the taxpayers as a whole. Thank
you very much.
CHAIRWOMAN MAC'KIE: No other speakers.
And to finish up our agenda item for today -- or our agenda, we
have next to talk about the category of facilities. And then we'll be
done with these capital projects that they're asking us to rank.
COMMISSIONER CONSTANTINE: Two quick comments, if I can. One for
Ty and one for Victor. You know I'm not a real big proponent of the
sales tax either, and I'm looking at a number of alternatives and I
like the letter you presented.
The one thing I would disagree with you, Ty, is taking our staff
to task. What they're doing is assembling information, and their role
is to, regardless of what happens, whether we put something on the
ballot or a private entity petitions to put something on the ballot, I
do think it's staff's role to provide factual information. And that
may be in a forum or that may be in this place.
And -- so I think that's all they're doing at this point is
trying to gather all the information and put it all together and show
what some of the alternatives are. And we may -- you and I may agree
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April 13, 1999
that we don't like one of those alternatives anyway.
But just on the impact fees, Commissioner Carter leaned over and
said boy, aren't we doing some revision on those right now anyway?
Which is my recollection, as well.
Mr. McNees, aren't we doing some revision on those, and isn't
that due back to us at some point?
MR. McNEES: Road impact fees are due back to you before the end
this calendar year, yes.
COMMISSIONER NORRIS: The other comment on the impact fee is that
there's nobody here on this board, although Mr. Neiditz accused this
board of doing that. But there's nobody on this board that was here
when that decision was made to set those levels of impact fees. Just
for clarification.
COMMISSIONER CARTER: The other thing I'd like to mention is you
guys at Pelican Bay. The citizens there are spending a million and a
half dollars, that's the taxpayers in that area are spending a million
and a half dollars to restore those mangroves and do that area. It
may be a sore point to me that it wasn't a county-wide participation
in that, but they're doing it.
I don't believe that other areas, if confronted with the same
situation should have to go through that same process. That's very
expensive and that as it may be. So that's always only a solution to
tax people in an area for something which is more -- is out of their
control, let me put it that way.
CHAIRWOMAN MAC'KIE: But I do think it's important before we go,
if we do, to the voters with this sales tax, that we're able to tell
them that we're charging impact fees at the highest rates we can
possibly bear. Whether that's the maximum that the consultant
recommends or if it's something less because it's the maximum that the
market can bear without pricing people out at their ability to buy
starter houses.
Assuming we were -- assuming this were to go forward, I guess, if
this impact fee study and roads comes back in before the end of the
year, and we're talking about a ballot at the earliest in March,
assuming we didn't go to the mail ballot, that problem would solve
itself as to road impact fees, or we'd at least we have the
opportunity to solve it.
COMMISSIONER BERRY: I have one other question. Then how do you
address during the season, which we now kind of are at the end of, the
people that come into our area, whether it's just on a daily basis --
in other words, they drive in from Fort Myers or Punta Gorda or come
over from Broward County, just to spend the day or maybe a couple of
days, maybe they don't stay over here. How do we address that need
and impact fee doesn't address the need? But they're still creating
congestion on our roadways. How --
COMMISSIONER NORRIS: Gas tax and sales tax.
CHAIRWOMAN MAC'KIE: Well, gas tax did and when that nickel
sunsets, that's a great part of our problem.
COMMISSIONER BERRY: Well, that's my whole point. Then where do
we go from here? What are you going to do with that?
COMMISSIONER CONSTANTINE: That isn't the entire gas tax here.
CHAIRWOMAN MAC'KIE: No, no.
COMMISSIONER CONSTANTINE: Gas tax does and sales tax does. If
they come here, they're spending money on one or both of those.
CHAIRWOMAN MAC'KIE: And that's why in my view increasing the
sales tax is a fair way of capturing those people who should also be
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April 13, 1999
paying for their impacts, not just those of us who are lucky enough to
own homes.
COMMISSIONER CARTER: Well, and I believe Mr. McNees said it's
what, like 30 percent of that one percent comes from people who come
in for just as Commissioner Berry disclosed. So that's why I think
it's an equitable tax.
COMMISSIONER CONSTANTINE: The one thing I would ask as we go
through this, and I like the way you've explained the time line there,
Commissioner Mac'Kie, because if we're looking at a March ballot, it
gives us time to put all this information out.
One of the faults -- whether I agreed or disagreed with the
proposed tax, one of the faults on the last two that have been put on
the ballot is that we said we were going to put it on before we had
all the information. And even weeks before it was actually voted, we
were still scrambling over the details of what it was going to be.
And we've got an opportunity that if we choose to put that on a ballot
to do a number of things in preparation for it.
The one I would particularly like to see is, let's lay out what
are the alternatives, so that the public isn't saying, okay, if I want
to have all these things, I have to do a sales tax. What are the
alternatives? Is the TAG plan one alternative, is cutting certain
items an alternative? What are they?
And if we have almost a year in which to do this, we have a great
opportunity to lay all that out. And we may find in the process that
boy, we still -- a majority of the board would still like to ask for
this, but the shortfall is only 220 million instead of 278 million, or
whatever the number is, after we do some things. Or when we do our
impact fee changes, maybe it's considerably smaller than that, I don't
know.
But I would like to go through and look at all those alternatives
and see what we can do so that it's not just, my goodness, there's a
shortage, we've got to have a new tax. Let's -- that's one option,
but let's see what our others are, too.
CHAIRWOMAN MAC'KIE: And hopefully -- I mean, I'm just thinking
realistically that March is going to be the right time to do it, if we
do it. And then we could have a package that we're presenting where
we will have addressed impact fees. And maybe roads aren't the only
ones we should be looking at, Mike. Maybe we should be looking at
more than that, if there's leeway on other impact fees. I know we
tried the law enforcement fees and came up against a brick wall there
that was impossible to overcome.
But if we're -- if we go forward with a package that says yes,
TAG, thank you for those suggestions, we're going to incorporate some
of those, and we're going to cut a few things off of this list that we
think that we can live without and we're still short and here's how
we're going to -- here's the alternatives for how to pay for it.
So is the board ready to get back to the list? And let's go to
facilities.
MR. McNEES: Only two things I need to point out. We promised
you we wouldn't make changes unless we make them -- you're aware of
them. There are two items on this list that you see under the
facilities management five-year Phase I Plan that you've already
funded, we've already done. That would be the administration addition
under the sheriff's projects, one, two, three, four, the fifth item
down for 5.7 million. As you will recall just a couple of weeks ago,
you sent us off to do that one. In fact, we were going to pay for
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April 13, 1999
that with ad valorem, which is generally the option, speaking of
options.
We also have funded under -- just under the first subtotal, the
fourth floor renovations, so that 2.4 million can come off right from
the beginning. And we're funding that one from ad valorem taxes,
which is generally the option. Sorry if I sound redundant.
CHAIRWOMAN MAC'KIE: That's okay.
MR. McNEES: But that's generally the option, ad valorem taxes.
So those come right off the top with that. I'll turn it over to Skip
for any questions you have on the other projects.
CHAIRWOMAN MAC'KIE: The point being there are impact fees that
we could use to cover those. We either build those or we don't. We
either build them with sales tax or we build them with property taxes.
COMMISSIONER NORRIS: And once again, I'm not here today -- I
don't think my purpose here today is to micro-pick these little
schedules that you've set up unless there's something that is really
glaring that the board doesn't want on there. I think the broader
issue is what are we going to do about funding our shortfall on all of
the areas --
CHAIRWOMAN MAC'KIE: I guess I have a question.
COMMISSIONER NORRIS: -- rather than just pick one area, if there
is one on there that really gets you.
CHAIRWOMAN MAC'KIE: Well, the jail, you know. We put the jail
one out there already.
COMMISSIONER CONSTANTINE: The jail issue, and again the
operations addition at nine and a half, some of the numbers I have
trouble with. We need a new jail. We need to do some work there. I
think we can do better than 19 million dollars doing that. I think
some of the estimates we've seen back from some of the design/build
team have actually shown numbers better than that. So we may be able
to chip away, not a great part, but every million counts.
Operations addition, 9.4 million. I can't believe we can't do
considerably better than that. You and I have had that discussion.
But I just think as we go through this list, and you -- if the jail is
-- and I'm picking this number at random, but if the jail is 17
instead of 19 and the operation center is six and a half instead of
nine and a half, I think you can start knocking away a number of
those. And it's not going to make up 200 and some odd million, but
it's going to make up over the years and over the different projects
maybe 16 or 20 million.
And you start combining that out, and as Vic had said, you know,
boy, you do some math here on impact fees and maybe it still leaves
you 20 million short, but that's where if we get a little creative, we
may still have a shortfall, but it may be considerably smaller than
what we're talking about.
CHAIRWOMAN MAC'KIE: And in addition to those questions about the
jail and those facilities, my question is whether or not a sales tax
is appropriate for funding that project and whether or not, you know,
God forbid, that is a project that should be bonded. Because of its
long-term -- you know, because of its long-term benefits, long-term
use. Whether or not it needs to be paid for some way other than sales
or straight ad valorem.
MR. McNEES: You have the ability to levy a smaller sales tax and
actually bond that, if you were to perhaps go with a half cent. You
have to have some revenue that you're bonding against. Your option,
you either bond a piece of the sales tax, at which point you don't
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April 13, 1999
have to levy quite as much. You are talking about then bonding ad
valorem which requires a general obligation referendum. Our last jail
referendum wasn't highly successful.
CHAIRWOMAN MAC'KIE: But it was on a sales tax, wasn't it?
MR. McNEES: It was on a sales tax. So that option is out there.
CHAIRWOMAN MAC'KIE: I'm reticent to say we are going to put -- I
think that it would be a -- how to submarine this project is -- or
this proposal is to say remember when we asked you, do you want to pay
for the jail with the sales tax? Well, we're asking you again, only
we want you to pay for more stuff.
MR. McNEES: And if you say to us you'd prefer to bond for the
jail and we can mix that into the sales tax equation and do cash flow
based on a debt service of the sales tax, as opposed to trying to pay
cash, that allows us to have a smaller amount of money coming in, but
it commits you to a period of time, 10 or 20, probably 20 years, to
have the sales tax to guarantee the revenue to pay it back.
CHAIRWOMAN MAC'KIE: But could we have it at a half a penny --
MR. McNEES: That's what I'm suggesting.
CHAIRWOMAN MAC'KIE: -- for 10-plus years if we bonded it?
COMMISSIONER NORRIS: I thought you said 15 was the max.
CHAIRWOMAN MAC'KIE: No.
MR. McNEES: No, we corrected that. The attorney's office
informs me that there is not for this tax a 15-year problem. So that
is certainly an option.
MR. FERNANDEZ: Madam Chairwoman, essentially what that amounts
to is that we would be making a smaller annual payment but over a
longer period of time.
CHAIRWOMAN MAC'KIE: Sure. Just like --
MR. FERNANDEZ: So that half a penny may be able to meet our
capacity needs, it will require us to keep the tax in place longer and
a longer number of years than otherwise.
CHAIRWOMAN MAC'KIE: I appreciate that. But, you know, I just
can't see putting the same question to the public again that they've
already resoundingly said no to on that.
COMMISSIONER NORRIS: And that's fine. And there's a point to
that, I think going back to my original comments, what we're dealing
with here are growth issues. The general public, when they think of
growth, probably 90 percent of the time they're really thinking
transportation problems. And if this is presented to the public in
the vein that what we're going to concentrate on is number one, the
transportation issues and making sure that we don't have the
bottlenecks in the future, to the best of our ability with what you
can physically do.
And secondarily, perhaps the stormwater one may be a sleeper that
really more people than you would think are concerned with that. I
know out where I live that everybody is concerned with the drainage
issues. But of course that's an older neighborhood. I live in one of
the older neighborhoods. If you live in a newer neighborhood, you
probably don't have that same concern. But still, overall, I think
that's probably going to end up being high in the public's mind that
that's one of the things that can be accomplished here is the
enhancement of the Collier County drainage system.
And, you know, you can present this in a way that doesn't focus
on specific projects, which I -- if you look, that's the common thread
in all the sales tax issues we've had in the last several years is
that they all focused on a single specific project. But if we go with
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April 13, 1999
a broad general enhancement of the community, then you pull in people
that otherwise wouldn't have any interest.
I mean, you made the point earlier that the Gordon River Bridge
boating pattern showed that the farther you get away the less interest
there was. Well, there may be people that are interested in funding
transportation issues, but out where I live it may be more important
for them to do the drainage issues, but the drainage issue is
certainly enough to make them vote yes on the sales tax.
So, you know, that's the way, I think, we -- if we're going to
proceed with this, it's fine to get all of our projects lined up like
this. But I think you have to look more globally when you start going
to present it to the public.
CHAIRWOMAN MAC'KIE: And as to those two categories, I agree with
you completely. Where I think we have some real danger here is if the
general public thinks that this is the Taj Mahal tax, you know, we're
going to build all of these great government facilities if we get
enough money. That's why this is the list, I think, that bears the
most careful scrutiny.
Commissioner Constantine?
COMMISSIONER CONSTANTINE: Courthouse annex building, 20 million
dollar building, help me with that. I'm sorry, I don't recall what
that is.
MR. CAMP: That would house all the axillary or ancillary
services, like the clerk would eventually be there, the state
attorney, public defender.
CHAIRWOMAN MAC'KIE: Where is that in the master plan? What
year?
MR. CAMP: That's in year one.
CHAIRWOMAN MAC'KIE: That's in year one of the --
MR. CAMP: Phase I, I'm sorry.
CHAIRWOMAN MAC'KIE: Phase I.
COMMISSIONER CONSTANTINE: What happens to where they are all --
spaces they're all filling now?
MR. CAMP: Then that becomes all judiciary, either courtrooms or
judicial suites.
COMMISSIONER CONSTANTINE: That just seems to me -- and I realize
we're going to get our master plan that will allegedly convince me
otherwise, but that seems to me like that might be a space need that
is ahead of where we really are right now.
CHAIRWOMAN MAC'KIE: I hate to tell you, expect a phone call from
Dwight Brock this afternoon, because --
COMMISSIONER CONSTANTINE: I already got it. But 20 million
dollars.
MR. CAMP: We're also looking three years from now.
COMMISSIONER CONSTANTINE: When we're looking at a shortfall of
the kind of money we are, and I wander around there, and when we had
the debate whether or not we needed the extra courtroom for three or
four years and, you know, it's only this past year we finally got to
the point where we said, yeah, okay. But to suggest that that whole
building now is necessary within two years, I don't know. If we're
looking at a 20 million dollar shortfall, we can stay a little more --
CHAIRWOMAN MAC'KIE: Cramped.
COMMISSIONER CONSTANTINE: Yeah, and cramped really isn't the
right word, because it's -- you know, everybody's not on top of each
other like they were in Building A. I mean, this isn't that bad. And
I'm sure they need some improvement, I'm sure somebody will be upset
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April 13, 1999
over there because I've said it, but if we're looking at a 100 million
bucks and this is 20 million, I would -- this drops way down on the
list for me.
MR. CAMP: Absolutely, Commissioners. The only thing I would
mention is that everything seems to be connected to everything else.
Your space needs here would then go on hold also, because this whole
thing is based on the state attorney, for instance, who has two floors
in this building, leaving here and going over to the annex. And then
that would give you some space for BCC, for instance.
I remember --
CHAIRWOMAI~ MAC'KIE: I don't need space.
MR. CAMP: -- Commissioner Mac'Kie had mentioned that she had a
concern about Phase II in the tower building. Well, related to that,
of course, would be to gut this building for the constitutional
officers. So everything is kind of interrelated to some degree.
CHAIRWOMAN MAC'KIE: See, and that goes right to the how broken
is it question.
COMMISSIONER CARTER: Yeah.
CHAIRWOMAN MAC'KIE: It's not horrible. My digs are too big.
COMMISSIONER CONSTANTINE: Mine are not too big and they're
everyday. And when you get three or four people in here, then they're
not too big. But I certainly don't need more.
And I was looking here, too, the election building demolition,
which is not a huge amount of money, but nonetheless -- that's
actually on the next page. But didn't we just refer to that like
three years ago, four years ago?
COMMISSIONER NORRIS: Four or five, maybe.
MR. CAMP: Yes. And quite honestly, the master plan for the
entire 20 years, even though this is a little premature, as you've
stated, is to get rid of all one-story buildings to utilize the
property that you've purchased. And you are absolutely correct in
that. But it is to make room for the tower.
COMMISSIONER CONSTANTINE: I guess the BCC administration tower
is a 19 million dollar item on here. I'm a little uncomfortable with
it right now. And I don't know how far out that is, but it seems a
little far out to me.
CHAIRWOMAN MAC'KIE: Second 10 years, or the second phase. Second
five years.
COMMISSIONER CONSTANTINE: The fifth floor renovation for the
courts, what is -- is that changing that into courtroom space or is
that -- what do you mean by renovation? That's the second page, top
item.
MR. CAMP: That's correct. That's to make the administrative
space that the clerk would have now into judicial either courtrooms or
suites.
COMMISSIONER CONSTANTINE: And where is the clerk going?
MR. CAMP: He would go in the annex.
COMMISSIONER CONSTANTINE: Okay. I guess those go hand in hand
then, because I don't like the 20 million dollars in the courthouse
annex. And if that doesn't happen, then we don't need the two million
on the renovation for the fifth floor. So that's 22 million.
I have no idea what the tower -- what the necessity of a new
tower is. And I'm sure that will come to me in the plan, when you all
bring the space plan. But right now today, uninformed, I don't have
any idea what that is, and that's another 20 million. So, I mean,
that's 42 million that I don't have any comfort level with at all with
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April 13, 1999
right now that shows up in the next few years. COMMISSIONER BERRY: Wasn't that in the plan?
MR. FERNANDEZ: Madam Chairwoman, the board has approved the
plan. You have seen the plan already.
COMMISSIONER BERRY: Well, I've seen it.
COMMISSIONER CONSTANTINE: The tower?
MR. FERNANDEZ: The entire plan, yes.
COMMISSIONER CONSTANTINE: Do we have a different name or
something? I don't have a -- where is this tower going? MR. CAMP: It hasn't changed, Commissioner.
COMMISSIONER CONSTANTINE: Where is the BCC administration tower
going?
MR. CAMP: Where Mary Morgan's building is now.
COMMISSIONER CONSTANTINE: And when is that happening?
COMMISSIONER BERRY: Over where?
MR. CAMP: Where Mary Morgan's building is now.
COMMISSIONER CONSTANTINE: When is that scheduled to happen?
MR. CAMP: In 2007.
CHAIRWOMAN MAC'KIE: But -- and this is the critical point here.
I have a very clear recollection of when this space master plan came
back to us, we were late, it was exhausting -- no, it was late, we
were exhausted.
COMMISSIONER NORRIS: Like now?
CHAIRWOMAN MAC'KIE: Like now. And we said okay, give it to us,
but this doesn't bind us to anything, and thanks, we'll accept it, but
this doesn't mean we've bought. And, you know, this is one of those
things that we can be told over and over, well, you already approved
the plan. I'm not suggesting you're doing that, I'm just saying heads
up to the board, we may have had it, we accepted it, but we surely
haven't adopted it as our capital improvement program.
COMMISSIONER CARTER: Well, we approved -- approved it -- the
first five years was pretty well thought -- it was all well thought
through. Let me change my expression. The first five years tells us
it's much easier to work with. The next 15 years. As you go out you
may have some alterations to that. But how much did we pay to have
that plan done?
MR. CAMP: 219,000.
COMMISSIONER CARTER: Now, if we paid that kind of money to get a
20-year plan, I'm not going to sit here this afternoon and try to pull
things out of it until we've got the long-range picture here, because
we went through that, and so we must have a framework in which to make
these decisions. Now, it may not have to be done in year nine or 10,
maybe it's year 12 or 13.
COMMISSIONER CONSTANTINE: I sure hope I can get you to use that
same approach on the money we've spent on the landfill studies.
CHAIRWOMAN MAC'KIE: We're going to have to talk.
COMMISSIONER CONSTANTINE: I would say -- this is just for me,
obviously, but I would say I would look out of the nearly 30 million
that are listed for the jail space, 240 beds, and the operations
addition, that I would expect several million to be cut from that 30
million.
The courthouse annex building I'm not sold on, 20 million
dollars. I'm not sold on the need for that. That may be somebody's
idea of what would be great, but I don't see it as a need, and there's
a distinct difference. Which then renders the fifth floor renovation
of courts for an additional two million -- no, almost 2.2 million.
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April 13, 1999
And the BCC administration tower which shows here for 20 million. I
don't see as a need either.
I agree with Commissioner Mac'Kie, we have got plenty of space as
is. So we're looking at 45, 46, 47 -- close to say 50 million
dollars.
CHAIRWOMAN MAC'KIE: So we could almost cut this list in half.
COMMISSIONER BERRY: I have a question in regard to the courts.
How does this affect -- if we acquire another judge and all those
kinds of things, doesn't this have some kind of an impact, Skip, on
all of this?
MR. CAMP: It will in the outer years, absolutely. Right now, as
you know, you're building two judicial suites on the fourth floor, but
in the outer years, certainly. And again, it will be tied to their --
COMMISSIONER CONSTANTINE: One related question to the cuts we
just made. It shows here parking deck with 1,130 spaces, if we do not
build a new BCC administration tower nor a court annex building, do we
still need the 1,130 additional spaces?
MR. CAMP: The answer is no. You'll need some but not to that
degree.
COMMISSIONER CONSTANTINE: So that 12 million then becomes
substantially cut as well.
MR. CAMP: Absolutely.
CHAIRWOMAN MAC'KIE: Cut this in half.
COMMISSIONER CONSTANTINE: So we could be down 60 million, 55
million.
CHAIRWOMAN MAC'KIE: This list could be cut in half. And I
realize, you know, with great trepidation we talk about this, but I
personally can't imagine we're not going to be able to sell a sales
tax to the public and tell them what we're going to build with it is
government buildings.
COMMISSIONER NORRIS: No, that's not the way it is.
CHAIRWOMAN MAC'KIE: Even as a component, John. And I agree, the
first two are the way we sell it. But other people are going to be
out there saying, well, what about this 120 million dollars worth of
government buildings that you've got out there?
COMMISSIONER NORRIS: It's not funded through the sales tax.
That's my point.
CHAIRWOMAN MAC'KIE: I agree. This list almost has to come off
the sales tax list in its entirety, or at least by half.
COMMISSIONER CONSTANTINE: This list, if we don't need it,
shouldn't exist. Not just whether we pay for it with sales tax or
something else. If we're going to say you've got to pay -- you need a
sales tax to pay for these other items because your ad valorem is
going to these buildings that we don't actually need, then that's not
going to sell either. The public isn't stupid. They understand it,
no matter which shell game we play. And so I think this is a healthy
exercise to go through and cull out those things that we're
uncomfortable with so that if we choose to ask them, then they think,
okay, they have cut X, Y, Z. And the things that remain are the
things that they genuinely need.
COMMISSIONER NORRIS: Not only need, but it's community
enhancement: Transportation, drainage, parks, libraries, other
recreation.
COMMISSIONER CONSTANTINE: Which in my mind don't qualify as
needs. You've got to have drainage. You've got to have a good
roadway system.
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April 13, 1999
CHAIRWOMAN MAC'KIE: And I like the community enhancements and
needs. Frankly, I agree, they are needs.
COMMISSIONER CARTER: I will tell you at some point in time in
this plan if some of these things are needed, they're going to have to
be built and paid for, because that's what the other constitutional
officers need to carry out the services for the citizens of this
county. Now, I'm not saying that some of them can't be postponed,
shouldn't be deferred, and maybe revised, but I'm not sure you're
going to eliminate it all. You just may be postponing paying the
piper down the road.
CHAIRWOMAN MAC'KIE: Sounds like we're going to need a
presentation on the master plan when we have more energy than we had,
frankly, the time that it came before us previously.
COMMISSIONER CARTER: I think we need to take a hard look at the
master plan, because we told them to go back and tell us how to pay
for it.
MR. McNEES: Just to throw one thing on the table while it's
fresh. It hasn't been that many weeks since we have stood in here and
had people ask, why are we facing this problem with Building A? Why
didn't we fix this 10 years ago? Well, because we didn't have the
money 10 years ago. And I think one of the things that we're stuck
with is going out there and selling to the voters that some of this
ivory tower, quote, unquote, space really is needed. And that if you
can't provide the government services without the support staff to do
it, and that those people have to have a place to sit. We haven't
built a government building here in longer than anybody can remember
except for the courthouse building over here which serves only the
court system.
So sure, that's going to be a real hard sell, but I think that if
we're going to look ahead and have a place for those people to sit and
not have Building A coming down on us in 10 more years, we have to do
that.
COMMISSIONER NORRIS: What about Guy Carlton's Taj Mahal, that
addition that we put on? That counts.
MR. McNEES: With the exception of Guy's Taj Mahal, we haven't
built significantly.
COMMISSIONER NORRIS: I'm sure he's on his way up here right now
to strangle me.
MR. McNEES: And I'm sure that he's going to tell you that 10
years from now he's probably going to outgrow that little Taj Mahal
that we have built him.
COMMISSIONER BERRY: Are these items something that could be
bonded as far as construction?
CHAIRWOMAN MAC'KIE: Yes, ma'am.
COMMISSIONER BERRY: Are these good candidates for bonding?
MR. McNEES: All these government facilities could be bonded. And
if we went with perhaps a half-cent sales as an option with more
bonding -- in fact, that is one of the options that I have given you
when we talked about this originally, a half-cent tax and bond more of
it, that is certainly an option for you.
COMMISSIONER BERRY: But does this -- Mike, what does this do to
the cost when you bond? I mean, bonding is not inexpensive, but what
does this do to the cost of these items?
MR. McNEES: Well, generally, don't they say it doubles the cost,
it triples over time, the cost?
CHAIRWOMAN MAC'KIE: No, it doesn't.
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April 13, 1999
MR. McNEES: The total amount spent? But it's not unreasonable
to fund something that's only to last 20 years or 25 years with
20-year money.
COMMISSIONER BERRY: I will tell you in my previous life that we
were criticized -- first we were criticized on being, believe it or
not, a pay-as-you-go for paying for buildings. We were criticized by
none other than the Greater Naples Civic Association. They criticized
us for building school buildings on a pay-as-you-go basis. CHAIRWOMAN MAC'KIE: Because they were bondable.
COMMISSIONER BERRY: Well, because they have a longer life. And
you have future people, future students, families, et cetera that are
going to be paying the cost through taxation -- CHAIRWOMAN MAC'KIE: Valid point.
COMMISSIONER BERRY: -- on those buildings. And there's some
validity to that. You know, I think all of us, many of us sitting up
here, we kind of function on the idea of a pay-as-you-go basis.
That's probably the least expensive way, and it would be nice if all
government entities could function in that fashion. But at the same
time, I think you need to be realistic and we may not be able to --
and obviously we're not slated to build all these things at one time.
But I think it would be a funding strategy to come up and look at --
I would like to see a bonding effort what -- you know, a scenario of
what we could build and bond those items over a period of time.
MR. McNEES: We can certainly bring you that. I believe that
with some of the changes you're talking about, there's a good option,
perhaps, of proposing a half a cent tax with some bonding to get over
the humps of when there are some shortfalls in given years, and we can
put all that together for you.
COMMISSIONER NORRIS: Well, I still go back to what I've been
pounding on all day. If we're going to present a sales tax to the
general public, it has to be one that they're going to want to vote
for.
COMMISSIONER BERRY: I agree.
COMMISSIONER NORRIS: And I'm going to go on record right here
and now as agreeing with Commissioner Mac'Kie.
COMMISSIONER CONSTANTINE: Twice in a month.
COMMISSIONER NORRIS: That if we start talking about funding
government buildings with a sales tax, they're not going to vote for
it. Are you, Ty? See, you got --
CHAIRWOMAN MAC'KIE: Ty's not going to vote for it, no matter
what.
COMMISSIONER NORRIS: You've got your answer right there.
So anyway, but personally, I think take all these government
facilities out of the sales tax discussion. We'll fund them
conventionally some other way. Commissioner Constantine has got some
ideas about maybe trimming costs. But I think we can work out a way
to fund these through conventional methods and save the sales tax for
what's going to be really important to the people in the community.
COMMISSIONER BERRY: Roads.
COMMISSIONER NORRIS: They're the ones who's going to be paying
for it, they're the ones we're going to ask to vote for it. Let's use
it to fund things that are going to be important to them.
CHAIRWOMAN MAC'KIE: Roads and drainage.
COMMISSIONER NORRIS: And other things.
CHAIRWOMAN MAC'KIE: Yeah, but that's the --
COMMISSIONER NORRIS: Libraries, community centers, parks, that
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April 13, 1999
sort of thing.
CHAIRWOMAN MAC'KIE: So because we've gone through your list
today, Mr. McNees, what -- do you think you've gotten some direction
from us sort of where to go from here? My, what a challenging
thought.
MR. McNEES: I did until that last part, because now we're
talking -- and I'm really not trying to be funny. We're talking now
about parks and libraries and such which --
COMMISSIONER BERRY: We have impact fees.
MR. McNEES: -- for our plan are funded generally with our impact
fee stream.
Before we abandon government buildings, and I feel like maybe I'm
lying down in front of the train, and I'll apologize for that, the
sales taxes is a conventional revenue source. CHAIRWOMAN MAC'KIE: Of course.
MR. McNEES: And if we had a, quote, conventional revenue source
with which we could meet this, what has now gone from 100 to a 50
million dollar shortfall on the government buildings, we probably
wouldn't be here today. Because, you know, we've looked at what those
options are. They generally come back to ad valorem or some pledge of
bonded ad valorem taxes, which again require referendum.
And I think it's been our feeling as we've strategized this thing
that we will have to sell the public on the need for some of these
buildings and convince them that they're not Taj Mahals. Because
those other options are worse. And if we had some readily
identifiable viable funding source for those other things, we wouldn't
be here talking to you about a sales tax.
CHAIRWOMAN MAC'KIE: Mike, maybe, you know, this is back to the
point of I'm not sold on the space plan. I -- you know, I haven't
bought it yet. And here's two I hear that aren't sold on the space
plan. If we're not sold on it, we certainly can't go out to the
public and say we want you to tax yourselves a special tax for it.
MR. FERNANDEZ: Madam Chairwoman, I think that's an excellent
point. I think that we probably should schedule a session where we go
over that space plan in more detail than we have and we talk about the
things that the board feels to be higher priorities on that plan.
Because there are some things on there that are really not optional.
It is a plan. It's a forward looking attempt to plan for and to
provide for the space for the operations of government. But you may
find some things on there to be more critical than others.
And Mr. McNees' point is a very valid one, if the board does find
that there are things on that plan that are in fact critical needs,
this is the best way to pay for it. Now, I do understand the comment
that --
COMMISSIONER CONSTANTINE: This is one way to pay for them.
CHAIRWOMAN MAC'KIE: The cheapest way.
MR. FERNANDEZ: But I have made the statement myself before
groups that if we put things on the list, no matter how valid the need
is, if they're not popular to the public, nothing is going to get
approved. Nothing on that list is going to be approved. And that's
something we need to think about as we go through this process,
because it's going to have to be popular.
COMMISSIONER CONSTANTINE: Well, I just think we need to be
careful, though, when you see "this is the best way to pay," when I
just asked 30 minutes ago that we look at what all the other options
are, because we haven't done that so far.
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April 13, 1999
And we looked at TAG's plan, we look at other plans, and we may
find that a combination of several is the best way to pay, or
something completely different is the best way to pay. I think we
just need to be careful giving the impression that it doesn't matter
what we come up with in the coming weeks and months, we're going to go
with the sales tax because that's the best way. I think we need to
look at everything.
CHAIRWOMAN MAC'KIE: Combination.
COMMISSIONER CONSTANTINE: And it may be a combo, it may be
something different.
CHAIRWOMAN MAC'KIE: I think that there probably aren't any
alternatives of pure revenue source that you haven't put to us
already, Mr. McNees, because you've put those to us. I think if I
understand Commissioner Constantine's point, it's that a combination
of the increase in the impact fees, taking some of the things off the
list. You know, there may be some creative look at this that we can
still make, even though we know what the limit is on our revenue
streams.
COMMISSIONER CONSTANTINE: If we have a discussion, you said we
ought to sit down and look at the work plan again? I would hope we
would have this other information available too at that same time with
the drainage and with those various things. Because what often
happens is we have the discussion and someone comes in and pleads in
front of us how important their building is or their floor is. And in
the moment it seems like, well, yeah, it is, but we're not looking at
the big picture. And so if we're going to have that discussion, and
people will come and plead with us for whatever their long-term desire
for their department or their building or whatever it is, we ought to
still be able to keep in perspective what other expenses we have.
CHAIRWOMAN MAC'KIE: I agree with that. And the other thing that
-- just to strengthen my agreement with Commissioner Norris on this
point, I think that the government building's portion of our capital
projects have -- it has to be things that we need so desperately that
we're willing to pay for them with ad valorem taxes.
And, you know, that holds our feet as hard to the fire as they
can be over limiting that capital expenditures so that, you know,
we're paying for stormwater and roads with sales tax, but we just
squeeze every penny because it's property tax. When it comes down to
a government building, I'd just as soon leave that off and bite that
bullet with a property tax myself. But I think we need to give staff
some direction about where to go from here.
COMMISSIONER NORRIS: Let me ask one question before we go any
farther on that. This original little sheet, comparison sheet that
you gave us at the start, did you do this on a half cent as well or is
this just the one cent is the only one you did? Mike Smykowski is
saying yeah, he's got it there. If you could furnish us with that,
too, we'd like to see that.
CHAIRWOMAN MAC'KIE: Could you do it on a half-cent, Mike?
COMMISSIONER BERRY: Say you did it on the full penny, he didn't
do it on the half-cent.
COMMISSIONER NORRIS: You did not do it?
MR. SMYKOWSKI: Right.
COMMISSIONER NORRIS: If you could do one on the half-cent so we
could use it as a basis of comparison, I think that's what we ought to
do.
COMMISSIONER BERRY: Cut it in half, huh?
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April 13, 1999
MR. McNEES: The simple answer is it's just cut in half. The
impact would be $20 in instead of $40.
COMMISSIONER NORRIS: Okay, so just -- all right.
MR. McNEES: I can't think of any reason why that wouldn't work.
COMMISSIONER NORRIS: Okay. Go down to the last section, D,
then. You would take off all the cost of the gas tax, because that
would disappear. But only half of the cost of the millage reduction
then? I don't think you can go down there through and just cut
everything in half.
CHAIRWOMAN MAC'KIE: It's not as simple.
MR. McNEES: No, but the only thing that's cut in half is the
$145, the impact, the sales tax. You still have the millage
reduction.
COMMISSIONER NORRIS: You're saying you would reduce the full --
you would still use the full millage reduction in the transportation
system there of $81.197
MR. McNEES: That assumes that you leverage the half-cent to pay
for all the projects. Yes. Now, if that's not --
COMMISSIONER NORRIS: Bonding?
MR. McNEES: You bond the half-cent. Now, if that's not the
case, then yes, some of this would change, so we'll have to -- that's
going to --
COMMISSIONER NORRIS: So in reality, it would be a net savings to
the general taxpayer if you went a half-cent. Is that what you're
going to say?
MR. FERNANDEZ: If we leave the impact of millage reduction the
same, it reduces the amount of income available from the sales tax to
less than half of the one penny, because we're covering that amount of
millage savings.
Under the first scenario, it was just the same amount that we
were generating in revenue; is that correct?
CHAIRWOMAN MAC'KIE: This is complicated enough that I'd like a
whole separate piece of paper with the half penny, okay?
MR. McNEES: I can answer your question. Assuming that the
project list is cut enough that it can be fully funded by bonding a
half-cent revenue stream, yes, it would actually save them money.
CHAIRWOMAN MAC'KIE: So give us a piece of paper.
COMMISSIONER NORRIS: Yeah, make that analysis first to see if
it's feasible, please, and then we'd have a basis of comparison.
CHAIRWOMAN MAC'KIE: Going forward, Commissioner Norris and I
have been pretty clear about the government building's portion of this
coming out of the sales tax equation. You know, the staff needs some
direction if there's a third vote in that direction.
COMMISSIONER CARTER: Well, I'm not real comfortable with that,
and I'll tell you why. I don't -- government services are not just
provided to those who pay property taxes. Government services are
provided to the whole community. So consequently I think a percentage
of the government facility should be paid for through a sales tax. So
I'm not ready to throw that one out.
And I think we've got to rework that facility plan and go through
and figure out what we're going to do in the next five and 10 years
and see what are the absolute necessary items that would have to stay
in there.
And a part of that may have to be incorporated into this whole
process. You've got to tell the truth to the public. If you want
these services and you want the buildings that deliver the services,
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April 13, 1999
you've got to pay for it. You're going to pay for it one way or the
other.
COMMISSIONER NORRIS: We've already asked them that question
already and they said no, they don't think so.
COMMISSIONER CARTER: So I'm not ready to go there --
COMMISSIONER NORRIS: Okay.
COMMISSIONER CARTER: -- myself.
COMMISSIONER NORRIS: All right.
CHAIRWOMAN MAC'KIE: So we're going to leave it on for now.
Commissioner Berry, you've got --
COMMISSIONER BERRY: No thoughts.
COMMISSIONER NORRIS: Too late in the day.
COMMISSIONER BERRY: No, I support the tax definitely for the
roads and the drainage area. And I have to agree in part with what
Jim has said in regard to the buildings. I think --
COMMISSIONER CARTER: Maybe it's a combination. You know, I
don't know. I'm looking for solutions.
COMMISSIONER BERRY: I think people aren't realistic. You know,
I hear this -- I've heard Taj Mahal for 14 years that I've been in --
well, 13 years that I've been involved in government. Every building
is a Taj Mahal. And I can not go too far from here and see some
people housed in some areas that are working for government that don't
have the greatest conditions in the world, so -- and yet they still
are expected to get the job done, do it efficiently, and do all those
kinds of things.
There's a point in time -- government's great to beat on and
hammer on and say all kinds of unkind things about. And obviously,
they all wish we'd go away, and sometimes we all wish we'd go away,
but we're here and we've got to have a place to have employees work.
We've got to house them, and we've got to do it well. How do you want
to go about building those and how you want to finance that, that is
the debate. But as far as scrapping the plan, the current plan, for --
the space plan, absolutely not. I think that's --
COMMISSIONER NORRIS: I don't think that's what she meant. I
think she's just saying not apply it to the sales tax.
CHAIRWOMAN MAC'KIE: I was saying that it shouldn't be paid for
by sales tax.
COMMISSIONER BERRY: By sales tax.
CHAIRWOMAN MAC'KIE: We should bite the bullet on property taxes
to pay for government buildings.
COMMISSIONER NORRIS: Commissioner Carter has got the correct
argument. From a realistic point of view, that's the correct
argument. But unfortunately we're getting out of the area of realism
and we are going into a political campaign. This is to be put to the
voters and, therefore, it's a political campaign. And they have told
us several times in the last eight years --
CHAIRWOMAN MAC'KIE: What part of no don't you --
COMMISSIONER NORRIS: Yeah.
COMMISSIONER BERRY: Then we'll have to go to ad valorem taxes.
COMMISSIONER NORRIS: Well, that's what I've said earlier.
COMMISSIONER BERRY: Well, if they -- either way. If it were
connected and it went down, then it's going to have to be ad valorem
taxes.
COMMISSIONER NORRIS: Right.
COMMISSIONER CARTER: Perhaps that hasn't been explained well
enough in the past. I don't know. But I think we've really got to
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April 13, 1999
lay this out. It becomes a campaign.
COMMISSIONER BERRY: But maybe that's what they need to hear,
Jim.
COMMISSIONER CARTER: They need to hear --
COMMISSIONER BERRY: You know, that hey, if things aren't going
to work here, if you're not going to support this, then here's what's
going to happen. It's not a threat, but this is what we have to do.
COMMISSIONER CARTER: It's a reality.
COMMISSIONER BERRY: We have to provide.
COMMISSIONER CARTER: I don't like the numbers either.
CHAIRWOMAN MAC'KIE: So, Mike, one of the things that you might
do for us is give us an analysis on just the government buildings, the
facilities portion of property tax, impact versus sales tax impact.
And also, I think you're hearing from a couple of us at least
that we want some trimming back on that facilities plan. And, you
know, I'm not dying to --
COMMISSIONER BERRY: It's definitely a prioritization. But I
think we have that. I think you kind of did that when you went and
presented the plan. This building needs to come on line at this time
and so on. It wasn't everything that was going to happen at one time.
CHAIRWOMAN MAC'KIE: Well, that's still what they're showing us
today.
COMMISSIONER BERRY: Right, well --
MR. McNEES: We hear you telling us that you need to understand
that better. You need to know what those drivers are, where those
assumptions are, where did all these number come from. And we hear
that loud and clear.
The one thing I want to say, because I want to correct this and
maybe it's a little past time for me to stop talking, but I'm going to
say one more thing, anyway. We keep talking about that the voters
have told us no already time after time after time. Well, we haven't
asked the voters the question we're talking about now. We asked the
voters, do you want a three-month -- nine-month sales tax to build the
Gordon River Bridge, we asked them, do you want a sales tax -- perhaps
this is the nine-month one, I'm getting them confused -- to build a
jail and a work release center that was somewhat controversial and
that we're not even talking about it anymore. And we asked them, did
they want to pass a sales tax to build parks, libraries, roads, green
space preservation, stormwater -- and two or three other kind of
generic things that were very non-specific.
So I think we're helping to perpetuate this idea that the voters
have said no now already on this. We haven't asked the voters this
type of a question. So this is a new day and a new question. Now, do
I think that means that they're going to love this question because
it's new. I'm not saying that. I'm just saying that the voters have
not said no repeatedly to this question because we haven't asked them
this one.
COMMISSIONER CARTER: I think you're right. It's the way we
scope this thing, the way we take it out there as a package. And we
need to have all of these -- the debate that we're having, we need to
get resolved among ourselves so that we can present it well to the
voters and give them the options.
CHAIRWOMAN MAC'KIE: So Mike, do you have some idea of where we
go from here, or are you going to think about that and come back with
some recommendations? No pressure.
MR. McNEES: I think we need to develop the information regarding
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April 13, 1999
some bonding scenarios for you, how that falls out. I think we need
to bring you the space plan. And the big hurdles we're at I think at
this moment is, do we or do we not include some of these government
buildings in the conversation about a sales tax? I think maybe we
need to bring back to you that discussion and let you understand the
need, and is it need, that you think is important enough.
And Commissioner Norris is making the great point which is, you
know, we have to be able to sell it and then no matter how much we
need it, if we can't sell it, you know, that's certainly something we
have to discuss.
CHAIRWOMAN MAC'KIE: So you have some ideas of some scenarios you
may bring back to us for more information so we'll be seeing more of
this on a future agenda.
And do we even want to -- is it too early to make a decision
about mail ballot versus March?
COMMISSIONER BERRY: I think it's too early. I think we're still
-- we've got to get this whole thing formulated, I think.
COMMISSIONER NORRIS: I think what we should be looking at as our
first choice would be the presidential primary. CHAIRWOMAN MAC'KIE: Yeah, me too.
COMMISSIONER CARTER: I would agree with Commissioner Norris. I
think that's an opportune time to take that to the voter.
COMMISSIONER NORRIS: They'll be sick of traffic by then, for one
thing.
MR. McNEES: Where it sounds like we're headed, and I'm trying to
think ahead a little bit, as you saw, there are some shortfalls in the
year 2000, particularly in transportation, that we'll probably be
talking about bonding some of your constitutional gas taxes to fund if
we don't get a gas tax in the year 2000.
But on the flip side, that does give us the ability if you talk
about waiting until the presidential primary that does give us the
ability to have you deal with the impact fee issue, which, as you
said, raised them to the maximum level that you can, which is what
people are asking for, and have a real coherent plan.
So the time is a luxury, and if we have it, great. The flip side
of that is that we may have to do some bonding in fiscal 2000 because
we don't have this revenue source. So that --
CHAIRWOMAN MAC'KIE: It's a tougher bullet for us to bite.
COMMISSIONER BERRY: I think, too, you know, if you look at the
three items, you look at roads, you look at drainage, and even if you
looked at, quote, certain government buildings, however you want to
say this, there may be some things on there I don't care about. But
I'll tell you, if I'm looking -- if I know that this tax is going to
pass, I'm going to have a better road to drive on than -- that's what
I need to consider. And I hope that certainly we have people out
there that are -- have a little broader scope than picking out one
item and say, I don't like that, so therefore, I'm voting no. In that
case, you are going to be driving on a very congested roadway system.
COMMISSIONER NORRIS: Are we through?
CHAIRWOMAN MAC'KIE: Mr. McNees?
MR. McNEES: One more factor I need to throw in here. And I know
that we've mentioned probably this real early on our very first
workshop when we were out at the park, that there's another six cents
of local option gas tax that sunsets at the end of this year that you
can, by your action, by board motion, perpetuate and that -- Mr.
Smykowski is preparing the action for that, that you'll see over the
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April 13, 1999
summer. That's also out there, and that -- we'll have a chance to put
that in place, also.
CHAIRWOMAN MAC'KIE: That if we think that we have a problem now
-- all of your numbers are assuming that we continue that tax. MR. McNEES: Yes.
CHAIRWOMAN MAC'KIE: Because we have the option to do that
without a referendum.
Okay. Anything further? All the fun we can stand. We're
adjourned.
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 4:55 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER IT~.CONTROL
, ELA S. MAC~MAN
ATTEST:
DWIGHT E. BROCK, CLERK
These.minutes. approved by the Board on ~(~/FF2 , as
presented / or as corrected
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING
SERVICE, INC., BY CHERIE' R. LEONE, NOTARY PUBLIC
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