Loading...
BCC Minutes 06/08/2005 W (Legislative Session) June 8,2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY SOUTHWEST DELEGATION/BOARD OF COUNTY COMMISSIONERS POST LEGISLATIVE SESSION WORKSHOP Board Meeting Room, 3rd Floor, Administration Building 3301 Tamiami Trail East, Naples, FL 34112 Three o'clock, Wednesday, June 8, 2005 LET IT BE REMEMBERED, that the Board of County Commissioners and Collier County Southwest Delegation in and for the County of Collier, having conducted business herein, met on this date at 3:00 p.m. in WORKSHOP SESSION in the Board Meeting Room, third floor, Administration Building, of the Government Complex, 3301 East Tamiami Trail, Naples, Florida with the following members present: CHAIRMAN: Commissioner Fred Coyle Commissioner Donna Fiala Commissioner Jim Coletta Commissioner Frank Halas Commissioner Tom Henning ALSO PRESENT: Sen. Burt Saunders Rep. J. Dudley Goodlette Rep. Mike Davis Jim Mudd, County Manager Leo Ochs, Deputy County Manager Joseph Schmitt, Adm., CDES Don Scott, Transportation/Planning Stan Litsinger, AICP, Comprehensive Planning Director Roy Anderson, PUED Director Amy Patterson, Impact Fee Manager John Norman, Assistant to Rep. David Rivera Page 1 Southwest Delegation/Board 0' County Commissioners Post 2005 Legislative Session Workshop Wednesday, June 8, 2005 3 - 4:30 p.m. !YJenda I. 2005 Legislative Session Wrapup - Legislators · Sen. Burt Saunders · Rep. J. Dudley Goodlette II. Growth Management Legislation · How Legislation Affects Collier County - County Staff · Impact Fee Review Task Force · Issues to be Addressed in 2006 Legislative Session - Rep. Mike Davis III. Lobbyists - Federal and State - Jim Mudd, County Manager IV. Board of County Commissioners/Legislators Communications - Jim Mudd, County Manager V. Questions and Answers June 8, 2005 The Board of County Commissioners Workshop was called to order by Chainnan Fred Coyle on Wednesday, June 8, 2005 at 3:00 p.m. The Pledge of Allegiance was recited. I. 2005 Legislative Wrap-up-Legislators Jim Mudd, County Manager, introduced the participating legislators. · Sen. Burt Saunders · Rep. J. Dudley Goodlette · Rep. Mike Davis · Bret Bacot · Cari L. Roth Sen. Saunders: Stated that the 2005 Legislative Session was a very good session. Many major policy issues were addressed. Growth management is a work in progress and will require additional action. There is a major problem in Florida with the Constitution and the ease with which it is amended. There are initiatives that will appear on the ballot requiring a 60% plus one vote to amend the Constitution. There is a Constitutional amendment dealing with the budgeting of funds. Medicaid expenses will be reduced and the Medicaid program will be better managed. The leadership of the House and the Senate work very closely together for the benefit of the State of Florida. Southwest Florida has an excellent delegation representing them in the Legislature. Rep. Goodlette: Stated that there is a good working relationship between the Legislature and Southwest Florida. The State of Florida has a $64.7 million dollar budget; $1.5 million is allocated to growth management. A little more than 40% of Florida's budget is general revenue; 59% of budget is allocated to state and federal trust funds; 35% of budget is spent on health and human services; 32% is spent on education; 18% is spent on transportation and economic development; 7% is spent on justice system; 3% on general government. Expressway Authority Bill is currently being considered by Governor Bush. Economy of Florida is good. Over $1 billion dollars has been set aside in a rainy day fund. Intangible tax has been reduced by one-half. Sales tax holiday is good for the economy of the State of Florida. Rep. Davis: Stated that he is currently awaiting Governor Bush's decision on signing Bill 360. Would like to memorialize a pre-legislative session workshop meeting annually to outline what is important. Regional effort is successful and appreciated. II. Growth Management Legislation Jim Mudd, County Manager: Stated that Growth Management Legislation was done in one bill. In 2004 impact fees drawn from capital programs, transportation and schools total little over $100 million dollars, ad valorem contribution to growth capital was a little over $115 million dollars so impact fees were paying a little less than half in 2004. In 2005, impact fees are paying $70 million dollars and the Page 2 June 8, 2005 County and School District is paying around $125 million dollars. 2004 spike was due to 50% from transportation impact fees. Impact fees are important funding for future growth. How Le2islation Affects Collier County Stan Litsinger, AICP, Comprehensive Planning Director: Discussed growth management legislation stating that it was the first significant growth management legislation in 20 years. Growth management legislation is complex, subtle and in some areas vague. In next session, key will be how much adjustment and clarification is possible relative to the policy statements made in this legislation. Commented on unified delegation standing together for Collier County. Response to legislation is not due for Collier County until 2006 and should be measured. Legislation does not provide a totally positive tool regarding concurrency. Recommendations will be made on the ordinances that will be required in order to implement legislation and potential changes to existing ordinances relative to concurrency. There will be impact fee consequences associated with legislation. State has provided some funding which may be continuing. Discussed concerns regarding the high level of oversight provided by the Department of Community Affairs. There are increased reporting requirements. There is are-emphasized approach to regional issues with possible reconstitution of the regional planning councils. Water resources-water supply provision is important process. Collier County should have representation on critical committees. Impact Fee Review Task Force Amy Patterson, Impact Fee Manager: Stated that Collier County currently has $18.8 million dollars in developer contribution agreements. Proportionate fair share mitigation as it relates to impact fees equals less money. New legislation will create a significant impact related to our impact fees. As of the effective date of this new bill, all of Collier County's developer contribution agreements need to be carefully examined. Don Scott, Transportation: Stated regarding the transportation concurrency system, when you can assume an improvement is in place for capacity for a developer to go forward, the Bill talks about three years, Collier County is at two years; Collier County may have to change it. Regarding proportionate share mitigation, based on proportionate share, it could be half as much money versus what was collected in impact fees. Concurrency system has been very successful in so far as getting donations above and beyond the impact fees. If we have to give impact fee credits for those donations, that is going to affect the program. Pay and go is confusing: Can a developer pay a percentage of an improvement even though it is not 100% and go forward even if it is not in the five-year work program, is it something we are going to have to add in the new six-year program. Page 3 June 8, 2005 Roy Anderson, Public Utilities: Questioned whether grant money would go to water suppliers or to CERP, Comprehensive Everglades Restoration Project. Will grant administration be in place at the district level to properly administer these funds. Regional Planning is actively addressed in the legislation. Opportunity is provided for us to propose County projects in the lower West Coast Water Supply Plan. Regional Planning will now control County Comprehensive Planning. Growth management and impact fees, a water supply availability detennination will be required at the time of building pennit issuance. Comprehensive Plan must be updated within 18 months of completion of the regional plan which will have to identify future water supply sources. Collier County will have to prove it has revenue resources to provide for future project needs. Participation in Impact Fee Task Force may lead to more control over impact fee administration by State. Capital improvement requirements need to be established well in advance of building pennit issuance. Total Maximum Daily Loads Program, there will be $50 million dollars allocated to the districts to develop basin area plans. Will grants administration be in place to administer those funds by July 2005. Surface Water Restoration Program, will money go to Collier County or to this district. Jim Mudd: Expressed concern that there is water available to feed the water plants and whether water pennits are being used appropriately. If plan dictates water availability then pennits need to be automatic. Commissioner Coyle: Important potential effect of water provisions, is that it forces Collier County to investigate alternative sources of water and could cause the transfer of the cost growth to the taxpayers. Rep. Goodlette: Stated that proportionate fair share has no application to water as this Bill was passed. Concerns expressed will be investigated. Commissioner Coyle: Stated that impact fees are based on historic costs. Rep. Goodlette: As part of the legislation, Impact Fee Task Force will review those issues and a report is due back to the President of the Senate and the Speaker of the House by the Impact Fee Task Force by February of next year. Commissioner Coyle: Expressed concern regarding concurrency timelines. Exceptions to concurrency rules must be written into concurrency management system. Rep. Goodlette: That is existing law. Commissioner Coyle: Expressed concern about deminimus impacts referenced in Bill, particularly in the Estates, 110% issue. Will deminimus impact be limited by 110% in aggregate. We need to clarify the bill, need tougher, tighter window for concurrency. Page 4 June 8, 2005 Sen. Saunders: All counties must be considered in legislation. Asked why Collier County had to settle for a two-year window. Commissioner Henning: Secretary of DCA infonned him that there was not enough money to do a one-year concurrency. Current funding will not clear up backlog. Collier County needs more tools to deal with infrastructure and assistance with growth management. Ms. Roth: Stated that Collier County can do the same things it could before the Bill as after the Bill. There is nothing different about concurrency in this Bill. Rep. Goodlette: The Bill is not intended to tie the hands of local government. Commissioner Coyle: There are circumstances where there are exemptions from the concurrency standards and clarifying language is needed. Rep. Goodlette: There is no change in current law. Commissioner Coyle: Stated his concern is that there are problems the Senate Bill did not solve and have perpetuated. Rep. Goodlette: Stated this is why we need this kind of conversation. Commissioner Coyle: Would like acknowledgement this problem will be solved. Sen. Saunders: This provision states that exemption from concurrency may be granted. Commissioner Coyle: Pointed out that provision says "shall" not "may". Ms. Roth: Authorization to grant transportation concurrency exemption areas is still the local government's. There is no requirement in this law or existing law that requires transportation currency exemption. Commissioner Coyle: Pointed out there are inconsistencies that must be resolved which is a serious issue. Needs to be clearer. Rep. Goodlette: There is no change in the law due to the passage of Bill 360. Commissioner Coyle: Stated change is needed. Local government needs more flexibility with respect to how it handles urban infill and redevelopment. Commissioner Henning: Stated that urban infill at higher density is sometimes encouraged. Collier County is more responsive to desires of citizens regarding urban infill density than many other counties. Stated flexibility is necessary. Page 5 June 8, 2005 Stan Litsinger: Legal and professional staff is detennining if flexibility that remains is available to community to make its own choices, particularly if Collier County wished to take a more stringent path than the State statute provides with regards to concurrency. Commissioner Coyle: Stated that Collier County needs to be able to manage its own growth and expressed concern that there is not enough flexibility. Rep. Davis: Announced that Governor Bushjust signed Bill 360. Sen. Saunders: Stated Collier County has flexibility, can designate level of service on its roadways. Moratorium can be used to fix infrastructure within a reasonable amount of time. Commissioner Coyle: Stated that using moratorium would require shifting cost to taxpayers. Real time concurrency keeps taxes from being raised. Commissioner Henning: Pointed out that Collier County has the option of applying a stricter approach to concurrency than the State requires, but not less strict. Commissioner Coyle: Provisions in legislation are vague. Bill should be clarified. Rep. Davis: Clarification in the legislation should be a priority. We are strong proponents of home rule. Rep. Goodlette: Stated there are many good elements in the Growth Management Plan. Sen. Saunders: Suggested that the Board of County Commissioners make a list of ambiguities so that clarification can be worked on. Commissioner Henning: Stated that cleanup is necessary. There will be changes to impact fees and how counties will do business. Counties need to be able to get their message to legislators. Rep. Davis: Stated that there are three committees that are called for in the Bill and Collier County should have people representing it on these committees. Commissioner Henning: Stated that legislation tends to change at the last minute, asked how to deal with that reality. Rep. Davis: Suggested that Collier County should hire a consultant to represent Collier County in Tallahassee as issues change rapidly. Jim Mudd: Stated there is $200,000 allocated for federal and state lobbyist. Page 6 June 8, 2005 Commissioner Halas: Stated that help from the State would be desirable to increase the load carrying capacity of Delnor Wiggins State Park. Asked whether the State is going to advance funding on study of State Road 29, 82. Rep. Davis: Responded that it is being worked on and looks good, will keep Collier County apprised. Commissioner Halas: Questioned whether there was any funding set aside for improving Immokolee Airport. Rep. Davis: Stated he is working with Economic Development Council to accomplish infrastructure improvements at the Immokolee Airport. Commissioner Halas: Stated that improvements at Immokolee Airport will help to bring new jobs into the Immokolee area. Commissioner Fiala: Expressed concern about ten lanes of traffic turning into four lanes of traffic between Golden Gate Parkway and Davis Boulevard. Rep. Davis: Stated that issue is being addressed. ***** There being no further business for the good of the County, the meeting was adjourned by the order of the chair at 4:45 p.m. Southwest Delegation/Board of County Commissioners Post 2005 Legislative Workshop '1uLw~ Commissioner Chairman Fr Coyle ATTEST.:· ". IJ,I¿?,' ..\ " ~.~.. DWIQJìt'E. Bßoè;.ì4cLERK . " t _ --_'''': .._~ .,,'?"', ; These minutes approved by the Board on~ é1ð. [;)00<), as presented as corrected . ~ or Page 7