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BCC Minutes 10/03/2005 W (2006 Legislative Priorities) October 3,2005 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISIONERS AND COLLIER COUNTY LEGISLATIVE DELEGATION PRE-2006 LEGISLATIVE SESSION WORKSHOP Naples, Florida, October 3, 2005 LET IT BE REMEMBERED, that the Board of County Commissioners and Collier County Legislative Delegation in and for the County of Collier, having conducted business herein, met on this date at 9:00AM 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 Jim Coletta Commissioner Frank Halas ALSO PRESENT: Jim Mudd, County Manager Rep. Mike Davis Becky Kokkinos, Legislative Assistant (representing Senator Burt Saunders) Jessica Kardas, Legislative Assistant (representing Representative J. Dudley Goodlette) John Norman, Legislative Assistant (representing Reps. David Rivera and Denise Grimsley) Jennifer Belpedio, Assistant County Attorney 1 'Y County Board of County Commissioners & Collier County Legislative Delegation Pre-2006 Legislative Session Workshop Monday, October 3, 2005 9 a.m. -12 p.m. Aqenda I. Discussion about Collier County's Proposed 2006 State Legislative Priorities · Growth Management Glitch Bill (SB 360) - Senate Report on Growth Management Glitch Bill Released in September; House Report Expected Soon - Rep. Mike Davis · Water Glitch Bill (SB 444) - Rep. Mike Davis will Comment on Glitches Transmitted by County to State · Gas Tax Indexing · Partial-Year Assessments · DJJ Cost Shift and Quarterly Reconciliations · Beach Access · Affordable Housing · Annexation · Local autonomy to impose discretionary sales tax referendum · Transportation funding tied to seat belt use · County park ranger to use Special Master process · 311 funding · 211 service (human services information hotline) · Data privacy · Homestead Property Assessments (Collier County opposed) Page 1 October 3, 2005 II. Update on Florida Association of Counties (FAC) Growth Managementllmpact Fee Advisory Work Group Meetings - Commissioner Frank Halas III. Governor's Impact Fee Review Task Force - Commissioner Frank Halas (who attended Sept. 23 meeting in Orlando) IV. FAC's Legislative Policy Committee Meetings Oct. 5-7 at Amelia Island Plantation - Jim Mudd, County Manager V. Southwest Florida Consortium 2006 State Legislative Priorities - Jim Mudd, County Manager (Consortium includes Collier, Lee, Charlotte, Sarasota, Charlotte and Hendry counties) Priorities · Oppose portability of homestead exemptions · Support extending FRS "Drop" Program for existing participants an additional 5 years · Support gas tax indexing · Support mandatory statewide seat belt law to increase federal transportation funding · Support additional funding for red tide/red drift algae research Monitoring · Growth Management Glitch Bill (SB 360) · Impact Fee Reform · Any Eminent Domain Legislation VI. Southwest Florida Consortium Day in Tallahassee on March 23 - Jim Mudd, County Manager VII. BCC Selection of J. Keith Arnold & Associates as Collier County's State Lobbyist - Jim Mudd, County Manager VIII. Communications IX. Public Comment X. Adjournment Page 2 October 3, 2005 October 3,2005 The Board of County Commissioners Workshop was called to order by Chairman Fred Coyle on Monday, October 3,2005 at 9:03 AM. The Pledge of Allegiance was recited. County Manager Jim Mudd reviewed the Agenda I. DISCUSSION ABOUT COLLIER COUNTY'S PROPOSED 2006 STATE LEGISLATIVE PRIORITIES · GROWTH MANAGEMENT GLITCH BILL (SB360) - Senate report on bill released in September; House report expected soon. Rep. Davis stated this bill is in early stages. They are working on a list of glitches and concerns. He has approval to add language that specifies that local standards may be more restrictive than those of the state. Commissioner Halas asked if Rep. Davis had met with the School Board yet and stressed the importance of having continuity with the School Board. A meeting has not taken place yet. Commissioner Coyle asked if there is any indication that the procedure for using the Proportionate Fair Share Contribution will be refined in the Glitch Bill. Rep. Davis answered that this will be discussed. He was unsure about whether or not there will be a policy change at this time. The Commissioners were in agreement. . WATER GLITCH BILL (SB 444) County Manager Jim Mudd reviewed Collier County's concerns. 50% of the costs of a water project are in preconstruction. Collier County is in a great place with a list of projects that are ready to go to construction with upfront funding. Rep. Davis mentioned that there is not a Glitch Bill that exists yet for SB 444. He recommended that Collier County lobbyists and Water Management District personnel sit down with the bill sponsors to discuss issues raised by the County Manger. Commissioner Halas asked if the money is going to be used for new or existing projects. Rep. Davis stated that the intent of the bill is for new projects. Commissioner Coyle stated that it needs to be clearly spelled out that the funds be used for new water projects. The bill has implications under SB360. His concern is that the bills be closely coordinated. Commissioner Coyle stated that he is opposed to the Proportionate Fair Share payment process and the elimination of any Impact fees. He supports additional flexibility to get to real concurrency. Commissioner Coletta recognized Sen. Davis' efforts and commitment to Collier County and asked if the County's tax base is being threatened in relation to Impact fees. 2 October 3,2005 Rep. Davis stated that he believes that a funding source as important as Impact fees cannot go away and that creating a bill that meets the needs of 67 counties becomes a difficult task and calls for the need for flexibility. The Commissioners were in agreement · GAS TAX INDEXING County Manager Jim Mudd stated that it is difficult to talk about a tax increase at this time with the cost of gas and road building costs. Indexing is giving the local option gas taxes the same flexibility as the state gas taxes by basing it on the CPr. Rep. Davis confirmed that it will be difficult for this bill to find its way to the floor. A lot of colleagues feel that it is a mistake that has to be corrected. Commissioner Coyle asked if extending or postponing the bill at this time would have more appeal to the Legislators. Rep. Davis relayed that he recently had that discussion with colleagues, as well as consideration of the possibility of an action by a local body that would permit counties to choose not to do it, while others could go forward. The Commissioners were in agreement. · PARTIAL-YEAR ASSESSMENTS County Manager Mudd mentioned that currently the time between when a CO is issued and taxes are due varies from a couple of months to almost two years, depending on the time of completion. Changing this could generate 2-3 million dollars, which will be needed to offset the loss of revenue if Homestead Exemption portability goes through. The Commissioners were in agreement. · DJJ COST SHIFT AND QUARTERLY RECONCILIATIONS County Manager Mudd stated Collier County currently pays $1.8-2.0 million for DJJ within our community, with no ability to reconcile the bills. He believes that Collier County is paying more than they should and would like to see a requirement that bills be reconciled on a quarterly basis, so that counties can figure out what they really owe. The Commissioners were in agreement. · BEACH ACCESS County Manager Mudd stated that there is an action afoot where State Resources Council on Environmental Regulations Committee staffers will report back to the Speakers Office about beach access. There is a problem with persons posting the beach as private, when it is not. Rep. Davis relayed that many in the Legislature are concerned that we are rapidly losing beach access. We need to ensure public access to beaches and local waterfronts. 3 October 3, 2005 The Commissioners were in agreement. . AFFORDABLE HOUSING County Manager Mudd stated that a staff committee will deliver a report public affordable housing and Developments of Regional Impact (DRIs) on January 13, 2006. Commissioner Coletta asked Rep. Davis ifhe thought we would see affordable housing requirements at the state level. Rep. Davis replied that some things can be done at the state level, but others will have to be local. There is an affordable housing crisis in every county, especially along the coastal ring. Commissioner Coletta mentioned that this has been an issue for fifteen years. We have to recognize affordable housing like we do our infrastructure needs and address it in that type of a format or we will never get there. Ave Maria has set a perfect example of how it can be done well. Commissioner Halas believes that there must be a partnership between local and state governments and the private sector. Possibilities could include individually owned houses, with provisions and profit limitations, on county owned land or additional funding incentives for the private sector to build affordable housing. Rep. Davis stated that there is disparity between how the formula is being used at the local level and state level. Commissioner Coyle relayed that the State Infrastructure Council and Growth Management are considering the affordable housing issue with respect to DRIs. Collier County has a good future plan and requirement for affordable housing in the eastern part of the county, but has not met the needs of existing residents. The problem has to do with the rapid increase in the cost of land and development. What the government can do is grant higher density and incentives for mixed use development. Collier County has approved both of these, but the projects have yet to be built. His personal opinion was that a public-private partnership is the only was to resolve this problem. Rep. Davis stated that he would like to see a larger public discussion on this issue. The House and Finance Corp. has over $500 million dollars that has gone unused this year because of a rapid increase in the cost of land and developers inability to put together a deal to make it work. Commissioner Coyle stated that another way to attack this problem is to encourage diversification of the economy by bringing in higher paying jobs, thus creating the opportunity for those in lower paying jobs to move up. Commissioner Halas stated that at this time, many service employees cannot afford housing in Collier County and again stressed the need for affordable housing for all essential personnel. The Commissioners were in agreement. . ANNEXATION 4 October 3,2005 County Manager Mudd stated that the Florida Association of Cities has come up with an agreed upon process in order to go through annexation with regard to boundary adjustments and service delivery decisions made by inter-local agreements between cities and counties. This effort has been going for a series of years. Commissioner Coyle mentioned that the language needs be clarified, including County property becoming City property. The language needs to be specific with fair treatment for all the people. The Florida League of Cities and Florida Association of Counties need to agree. Commissioner Halas said that he has a problem, with regard to CRAs, Commissioner Coyle stated the obligations of the original CRA should remain. The Commissioners were in agreement. . LOCAL AUTONOMY TO IMPOSE DISCRETIONARY SALES TAX REFERENDUM County Manager Mudd recommended that this item be deferred until after the portability of the Homestead Exemption is settled, noting that this may be needed if that is approved. The Commissioners were in agreement. . TRANSPORTATION FUNDING TIED TO SEAT BELT USE County Manager Mudd stated that House Bill 97 is a Mandatory Safety Seat Belt Law. Florida does not receive the maximum in Federal funds because we do not have a Mandatory Seat Belt Law. He recommended that Collier County encourage support of the law. Rep. Davis said that it is a matter of Primary Enforcement. Now, Primary Enforcement applies only to minors. Commissioner Halas stated that Florida now gets only 87cents of the Federal transportation funds dollar. The Commissioners were in agreement. · COUNTY PARK RANGER TO USE SPECIAL MASTER PROCESS County Manager Mudd stated that this process is used by the Clerk of Courts. The funds are being properly directed to the County General Fund. Local Ordinance Article 5 led to $ 360,000 in ticket fines going to the County. Collier County would like to add the Park Ranger under our Special Master process. Jennifer Belpedio, Assistant County Attorney reiterated what County Manager Mudd stated. Park Rangers are unique and get their authority to issue citations by a special act. This act needs to be amended to give the Park Rangers authority to go to the Special Master. Rep. Davis stated that this was reasonable and has worked well elsewhere. The Commissioners were in agreement. 5 October 3,2005 · 311 FUNDING County Manager Mudd described the 311 Initiative as an administrative phone number to a centralized call center. People now have to look up phone numbers, which can be cumbersome for some. This system is in place in Miami-Dade. There are set-up costs, but there are efficiencies to be gained. Collier County is asking for a set aside of state monies for a 50:50 cost share. The Commissioners were in agreement. · 211 SERVICE County Manager Mudd stated that this would be a connecting link to non-profit agencies, like the David Lawrence Center, Battered Women's Shelter and Meals- On- Wheels. This would be on a 100% state grant application. Commissioner Coyle asked if this would be an automated menu-driven system. County Manager Mudd replied that it would be only partially automated A number selection would lead you to an appropriate County employee. Rep. Davis said that these would be startup or matching grants. It is not working as well as they would like in Broward County. There will be changes to address as time goes on. The Commissioners were in agreement. · DATA PRIVACY County Manager Mudd discussed the sanctity of a Social Security Number. The law needs to be made more specific and certain data should not be released. Commissioner Coyle stated that he felt that there is no need for local government to collect and store this type of information. Sooner or later it could be released Rep. Davis mentioned that with identity theft being what it is, the collection of this information is inappropriate and dangerous. The Commissioners were in agreement. · HOMESTEAD PROPERTY ASSESSMENT County Manager Mudd stated that this is the bill for portability of the 'Save Our Homes' Homestead Exemption. The Save Our Homes Law is having a negative impact and portability compounds the problem. The ability to take a tax shelter with you and an increase in the Homestead Exemption from $ 25,000 to $ 50,000 are major issues. He confirmed that he opposes portability and an increase in the amount of the Exemption. Both would lead to fewer dollars for the county. Commissioner Halas stated that if the deduction goes from $25-50K, rural county tax bases could be too low for required services. It would also be a burden in the more wealthy counties where residents demand a higher level of services. County Manager Mudd mentioned that counties would need a way to offset the loss of revenue. Partial Year Assessment and the Discretionary Sales Tax referendum could be considered. 6 October 3,2005 Commissioner Coletta remains opposed, but stated that these issues need to be brought back to the entire Board. Rep. Davis stated that the Bill for the Portability of the Save Our Homes Exemption has been around for a couple of years and in the past has died before the first committee. The increase to a $50K Homestead Exemption would require a Constitutional Amendment. The Commissioners were opposed. II. UPDATE ON FLORIDA ASSOCIATION OF COUNTIES (FAC) GROWTH MANAGEMENT/IMPACT FEE ADVISORY WORK GROUP MEETINGS and III. GOVERNOR'S IMPACT FEE REVIEW TASK FORCE (September 23, 2005 meeting in Orlando) County Manager Mudd thanked Commissioner Halas for attending and participating in the September meeting. Commissioner Halas stated that Collier County is a leader in Impact Fee documentation. Counties must have an honest assessment ofImpact Fees and have the ability to use them. Commissioner Coyle stated that Collier County's Impact Fees are fair and have involved the development community. The County and developers are almost at concurrency and the building industry is thriving. The elimination of Impact Fees would close down construction in Collier County. IV. .FAC'S LEGISLATIVE POLICY COMMITTEE MEETINGS OCTOBER 5-7 AT AMELIA ISLAND PLANTATION County Manager Mudd said that Commissioner Halas and Ms. Deb White, County Manager Mudd's Administrative Assistant, will be attending this meeting. They will take with them knowledge of the Board's standing on these Issues. V. SOUTHWEST FLORIDA CONSORTIUM 2006 LEGISLATIVE PRIORITIES (Consortium includes Collier, Lee, Charlotte, Sarasota, Glades and Hendry counties.) PRIORITIES: . Oppose portability of Homestead Exemption · Support extending FRS "Drop" Program for existing participants an additional 5 years Commissioner support: 3-0. . Support Gas Tax Indexing · Support Mandatory Statewide Seat Belt Law to increase Federal Transportation Funding · Support additional funding for Red Tide!Red Drift Algae research 7 October 3, 2005 Commissioner Halas is on this Task Force. He stated that additional funding is needed for research. This problem effects all of Florida. It is on both coastlines and the County cannot afford to loose tourist dollars because of it. Rep. Davis stated that the $ 2M in funding was restored last year and will be again this. He agrees that additional funding could be used. MONITORING: · Growth Management Glitch Bill (SB 360) Amy Taylor spoke on behalf of the School Board with regard to the Growth Management Glitch Bill and delay in the school concurrency requirement. There will be a School Board decision on this. The Board has some concerns and issues with the Glitch Bill and welcomes suggestions from the County. Commissioner Halas stated there are bus and traffic management issues. The School Board is working with county transportation staff. He suggested that someone from the School Board attend the F AC meetings and reiterated the need for School Board cooperation and successful interfacing with the County. Amy Taylor stated that Collier County staff and School Board staff do meet on a regular basis. · Impact Fee reform · Any Eminent Domain Legislation County Manager Mudd relayed that Florida has a very strong Eminent Domain Law. This issue will be brought back to the full Board. The Commissioners were in agreement. · Horizon Health Care facility funding Commissioner Coletta mentioned that the Horizon Health Care Clinic primary care facility on Golden Gate Parkway has been a huge success. He inquired whether the intent of2002 HBl5 was to fund only new operations or did it include existing ones. Rep. Davis replied that State regulations state that it is not only for startup funding. Rep. Davis stated that he is optimistic that the funding is going to remam. Commissioner Coletta mentioned that a letter could be written to further support state funding for the Horizon Health Care Clinic. VI: SOUTHWEST FLORIDA CONSORTIUM DAY IN TALLAHASSEE ON MARCH 23 County Manager Mudd relayed that Collier County will try to sponsor a breakfast this year. This means that everyone will have to plan to be there on March 22. He stated that given the problems with lunches in the past, a 7:30 breakfast will offer a better opportunity to talk about Collier County issues with the Representatives and will be more reasonable. Rep. Davis will help organize the breakfast. The Commissioners were in agreement. 8 October 3,2005 VII. BOARD OF COLLIER COUNTY SELECTION OF J. KEITH ARNOLD & ASSOCIATES AS COLLIER COUNTY'S STATE LOBBYIST County Manager Mudd announced the selection of J. Keith Arnold & Associates and introduced Keith Arnold, Keith Arnold looks forward to working with the County and Commissioners. VIII: COMMUNICATIONS Becky Kokkinos extended Sen. Saunders regrets and stated that she took extensive notes to share with him. Jessica Kardas echoed Beck's comments on behalf of Rep. Goodlette. John Norman expressed the same for Reps. Rivera and Grimsley. IX. PUBLIC COMMENT None There being no further business for the good of the County, the meeting was adjourned by order of the chair at 11 :32 AM. COLLIER COUNTY BOARD OF COMMISSIONERS ~w~ Fred Coyle, Chairman ATTEST~ . . '" DWIG~'~E¿:bii~ CLERK ~~"'O¿ ''; ,: . ' " .'.: , -,~ :' :' ,'. '- - .', - ",: ': "\ . '. ' I ~ ~ 11- '~il'llU's ~aturé . on.l:)~· ' ~ I These iliibut~s;:~.PI)roved by the Board on o~', ZDO,5 as presented / or as corrected 9 ~-""-- >.,....."-_..".-",;,.~".,.,'''''''-_.