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BCC Minutes 02/17/2004 J (w/Lee County BCC & Charlotte County BCC)February 17, 2004 TRANSCRIPT OF THE MEETING OF THE TRI-COUNTY COMISSIONS JOINT SESSION Fort Myers, Florida, February 17, 2004 LET IT BE REMEMBERED, that the County Commissions of Lee, Charlotte and Collier counties met in a joint workshop to discuss issues of mutual concern and cooperation. Having conducted business herein, they met on this date at 1:00 PM in JOINT SESSION at the Lee County Port Authority's Training and Conference Center, Southwest Florida International Airport, 15924 Perimeter Road with the following members present: LEE COUNTY: COLLIER COUNTY: CHARLOTTE COUNTY: John Albion, Chair Robert Janes Ray Judah Doug St. Cerny Andrew Coy: Excused Absence Donna Fiala, Chair Tom Henning Fred Coyle Frank Halas Jim Coletta Matthew DeBoer, Chair Mac Horton Adam Cummings Sara Devos Tom D'Aprile Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS JOINT WORKSHOP AGENDA W/LEE, COLLIER AND CHARLOTTE COUNTIES February 17, 2004 1:00 p.m. Donna Fiala, Chairman, District 1 Fred W. Coyle, Vice-Chair, District 4 Frank Halas, Commissioner, District 2 Tom Henning, Chairman, District 3 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY 1 February 17, 2004 FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. The proposed agenda topics for the meeting are: TRANSPORTATION 1-75 a. b. C. d. Total carrying capacity Evacuation route coordination By-pass routes Expressway Authority 2. County Road 951 PD&E Study 3. Burnt Store Road Corridor Study 4. State Transportation Trust Fund ENVIRONMENTAL 1. Babcock Ranch Acquisition 2. Phosphate Mining Litigation 3. Dock Permits LEGISLATIVE 1. Southwest Florida Regional Lobbying Day OTHER COMMISSIONER 1TEMS 2 February 17, 2004 February 17, 2004 Call to order by Mr. Albion Pledge of Allegiance I. Agenda Transportation 1. 1-75: total carrying capacity evacuation route coordination by-pass routes expressway authority Discussion over filing a bill through state Rep. Mike Davis Bill will create a new transportation authority to add more lanes to 1-75 before they are scheduled to do so. - Bill has been modified from last year when it was withdrawn after Lee county commissioners raised objections - Lee County is seeking the support of Collier and Charlotte counties to move ahead with the bill and Mike Davis will not file unless all counties are in agreement. - Filing deadline is March 2nd. - All counties support bill which will widen interstate from four to six lanes with construction to begin in Collier in 2008 and in Lee in 2010. - Work to be sped up by adding toll lanes, a project that would be paid for with bonds. Charlotte county would like the bill modified to reflect that they can become part of the new authority at a later date Charlotte County also requested that three representatives be added to the board at a later date. Discussion over interlocal agreement: Lee and Collier counties to create their own tolling authority. The price tag is $650 million. Mr. Coletta- addressed the issue of bonding limits and moving this forward Mr. DeBoer supports the bill to make sure that it goes through - Mr. Cummings supports bill specific to 1-75 with addition of adding language about Charlotte county - Ms. Devos also wants to be a good neighbor but would like to see language in bill added. - Ms. Fiala asked about sunset date for tolls - Mr. Halas said yes to "sunset"- will need toll in all 3 counties- suggest leaving the sunset date open Mr. Cummings suggested that Charlotte county staff could write letter of endorsement for the bill if needed. Page 2 February 17; 2004 e - Mr. Horton- does not want to hold the bill up- move forward and try to address Charlotte County's concerns. County Road 951- PD & E Study - Lee county staff report/update To continue study- western alignments The road starts on Immokalee and 951 and ends east of 1-75 and Alico Road. Environmental impact statement (EIS)- expected in 9 months which will be forwarded to FDOT and then to federal highway Coordinating with the environmental agencies as past of the EIS Public outreach meetings Discussion of conflict resolution and upcoming meetings (public input) Lee county is making effort to follow recommendations to incorporate into PD & E Study No comments from the boards Burnt Store Road Corridor Study Lee County Staff presentation Joint project between Lee and Charlotte counties Discussion over where road will be developed Finalizing traffic data/models Study of origination and destination No funding research yet Mr. Albion asked about potential by-pass use- what corridor can and will become. Is sector plan needed? Potentially have this option available. Road improvements/timing Mr. DeBoer addressed strict TDR policy for expanding road Discussion over evacuation, limited access to roadways Mr. Albion suggested Lee and Charlotte county staffs have a discussion in the future to discuss this matter and involve the city councils as well. State Transportation Trust Fund Norman Feder, Collier County Transportation - Staff report/Update Toll authority discussion- regional approach- $$ may not be readily available, also improve the interchanges Roads 29 and 82 - Funding issues - TIP and SIS systems - Mr. Albion suggested that counties will need to seek support from small county coalitions to build strength for future transportation models and financial support. - Mr. Judah suggested sending a letter from all 3 counties regarding plundering of fund. Voice opposition. Page 3 February 17, 2004 - Mr. Albion discussed the legal definition of a "trust fund" versus co-mingling funds. If it is a trust fund it should be a "locked box" and only be used for those designations. - Mr. Albion also indicated that Florida is the second largest donor in the nation for transportation. - Discussion over lobbying agenda Environmental Issues Babcock Ranch Acquisition Smart Growth Coordinator for Lee County gave presentation Preserve environmental critical features Babcock Ranch is for sale for development due to changes in leadership This was not in the comprehensive plan- discussion continued Family interested in selling the whole property to be preserved environmentally 92,00 acres Ms. Devos suggested a joint workshop to discuss potential for acquisition. Counties in agreement about trying to obtain the property. Currently no price tag but estimated at about $650 million. Prospectus can be provided within 6 weeks March l0th- suggested to have "buyer's workshop" Phosphate Mining Litigation - County attorney, Ms Lee, for Charlotte gave presentation - Environmental and financial concerns - Discussion over the Ona mine- over 20,000 acres- in the middle of trial preparation- most impact - Global negotiations with IMC- meeting every 6 weeks - Protection agreement for Charlotte Harbor - Rescheduling March 3 meeting with IMC - Ms. Lee passed out budget for phosphate legal challenge. - Mr. Cummings made a few corrections to Ms. Lee's statement regarding the appeal for Manson/Jenkins: lost the appeal and will not be appealing to a higher level. Also referred to the last page of the budget: Charlotte County Phosphate Budget- Needs to be discounted- 3.375 million is relevant. Mr. Cummings indicated 20,000 acres has been reduced by 4,000 acres. Mr. Albion asked about the EIS and Ms. Lee indicated that one has been requested. Mr. Albion would rather spend money to get environmental data. Mr. DeBoer would like to move ahead with counties support and possibly the support of Porter Goss. 3. Dock Permits Page 4 February 17, 2004 Fish and Wildlife Presentation, Lee County New moratorium on residential dock construction Appealing the decision or adopting the federal zones Mr. Albion indicated that federalizing the zones will be the most beneficial Discussion over enforcement on the waterways Charlotte county is also caught in this battle for permitting Mr. Albion suggested three counties become united on this issue Legislative Southwest Florida Regional Lobbying Day Charlotte County Administration Report Staffs from Collier, Glades, Lee, Charlotte and Hendry have been meeting in addition to the cities. Group is known as the Southwest Florida Legislative Consortium. Would like to lobby certain issue in Tallahassee. Top four items: 1. Platted land legislation 2. Red tide research funding 3. Pension funding for high-risk employees 4. Article 5 funding issues Adding state transportation trust fund For next year- gas tax indexing- concern for 2005 legislation - Trip planned for March 4 - Mr. Henning suggested having a party for the legislators such as "Miami Day." - Benefits of creating an impact- rotating commissioners to travel to the area every six weeks or so. Other Commissioner Items - Mr. Coletta requested a red tide report from Mr. Judah - Mr. Judah still awaiting report- ready next month - Mr. Albion discussed emergency shelter assistance- three counties need to work together. Lee county short about 38-40,000 spaces. Charlotte County is also short spaces. - Mr. Albion addressed beach renourishment funding- govt. seeking to cut back $60 million nationally. After first renourishment becomes local responsibility. Need to be aware of this and have a lobbyist to address this issue. Page 5 February 17, 2004 There being no further business for the good of the counties, the meeting was adjourned by order of Mr. Albion at 3:45 PM. , LE~ ~ese ~es approved by the Bo~d on as presented ~ or as co~ected BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL LA~dhai~n~" Page 6