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BCC Minutes 06/11/2008 W (Post Legislative Update) June 11,2008 MINUTES OF THE MEETING OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS POST 2008 LEGISLATIVE SESSION WORKSHOP Naples, Florida, June II, 2008 LET IT BE REMEMBERED, that the Collier County Board of County Commissions Post 2008 Legislative, in and for the County of Collier, having conducted business herein, met on this date at 1 :00 PM in WORKSHOP SESSION at the Administration Building "F," 3rd Floor Collier County Government Complex, Naples, Florida, with the following members present: VICE CHAIR: Commissioner Donna Fiala Commissioner Jim Coletta Commissioner Frank Halas ALSO PRESENT: Jim Mudd, County Manager Debbie Wight, County Manager Assistant to the County Manager Sue Filson, BCC Executive Manager Burt Saunders, Florida State Senator Garrett Richter, Florida State Representative Matt Hudson, Florida State Representative Sheri Davic (representing Trudi Williams, Florida State Representative) 1 Board of County Commissioners Collier County Legislative Delegation Post 2008 Legislative Session Workshop Wednesday, June 11,2008 1-4 p.m. Af!enda I. Introduction - Board of County Commissioners Vice Chairman Donna Fiala II. Remarks on behalf of Legislative Delegation - Representative Garrett Richter, Chairman III. 2008 Legislative Session Summary - Keith Arnold, Collier County's state lobbyist IV. Looking Ahead at 2009 Legislative Session V. Other Topics VI. Public Comment VII. Adjourn June 11, 2008 I. CALL TO ORDER The Meeting was called to order at 1 :00 PM by Vice Chairman Fiala. The various parties introduced themselves. Senator Burt Saunders announced this will be his last year in the Senate. He will be a candidate for Congress on the November ballot as an independent with no party affiliation and a registered Republican. Gary Richter announced next year he will be an active candidate for Senator Saunders' seat so he can continue to represent Naples and Collier County and constituents from Lee County. II. REMARKS ON BEHALF OF LEGISLATIVE DELEGATION- Representative Garrett Richter, Chairman noted at the conclusion of this meeting, it has been a tradition and an honor to pass the "Chairman Gavel" to Mr. Hudson. This year the State Legislature was faced with a revenue shortfall. All the other sessions have always had more funds. This years' budget called for an 8 percent cut, 6 billion dollars less then last year. The County is drafting a proposed budget with some cuts conservatively and physically responsible with the taxpayers' money. He stated he was proud to come out of Tallahassee with a conservative budget. The budget called for a l-year extraction from the Governor Lawton Chiles Endowment Funds to cover some insurance needs throughout Florida. Through the efforts of Senator Saunders, Florida Gulf Coast University will have a solar plant which is one of the first in the Country. Senator Saunders noted he spent the last 2 years as acting Chairman on the Environmental Preservation Conservation Committee and had the pleasure of running the Energy Legislature for the Florida Senate. Mr. Hudson noted this was his first session and he worked with the Health Care Program and was appointed to the Health Care Council on the Governors' Uninsured Health Coverage Plan which was passed that will address the nearly 4 million uninsured Floridians. III. 2008 LEGISLATIVE SESSION SUMMARY - Keith Arnold Arnold, Collier County's State Lobbyist provided a 2008 Session Overview Summary Report. He stated 2508 Bills were introduced in the Session this year. Of the 2508 Bills, only 1313 Bills were passed and went to the Governor. He underscored the difficult job the Delegates had to face with 2008 Session being dominated by declining revenues and a budget $4 billion dollars less then the current year. Sales tax collections for this year are down $45M and as the 2 June 11,2008 sales taxes continue to fall, indicate the bottom of current economic condition as not been met. He pointed out a few of the Collier County Projects that were awarded Funding Allocations: . CR 901 at Vanderbilt Dr. Cocohatchee River Bridge · 1-75 Alligator Alley From Turnback Slough To Faka Union I Canal Resurfacing . Immokalee Sports Complex · US 41 (SR90) From East ofSR 951 to Auto Village Way I Resurfacing · W. Everglades Restoration: Evaluation of Restoration Effects I Local Park Commissioner Halas stated he was disappointed with what was accomplished on the Florida Taxation Budget Reform Commission. The Commission is required to meet once every 20 years. He also stated Sales Taxes should not be the number one driving force. The Legislative Body needs to review the reform bill and make it fair for all the people in the State of Florida. There are a multitude of growth problems that have to be addressed for the State of Florida. He also stated there is a possibility of a one-cent sales tax increase coming up on the ballot in November, plus a 50% decrease of the school tax bill. This would create a revenue shortfall between $6-7M. He asked who is going to pick up the shortfall as it will affect the K-12 education budget. The amendment will be placed on the ballot in November of2008. He voiced concern on selling off assets, such as Alligator Alley. He stated he heard a rumor it could be a foreign country buying Alligator Alley and how Un- American that would be. He suggested the government look for revenues within the confines of the United States with a state tax or bonding it with the Retirement Account in the State of Florida instead of selling it to a foreign country. Senator Saunders agreed with Commissioner Halas on the Alligator Alley issue. He stated a leasing proposal with a 50 to 75 year lease is almost equivalent to selling it with a possibility oflosing control over that asset. He stated it does not make sense to him. He agreed there was a funding problem and stated the solution would be in raising revenue by a diversifying and growing economy. Keith Arnold pointed out some of the Bills and the outcome that will affect Collier County. Continue Efforts to Decrease Insurance Costs Legislature has shown interest in decreasing insurance costs to the point where the issue continues to be debated and dealt with in Tallahassee. He stated the Governor authorized the sale of an additional $300M in bonds to cover the Florida Catastrophe Fund, a fall back plan ensures claims are paid in the gap and at what point the CAT Fund takes over. A few of the provisions are: · Provide relief to citizens of the State of Florida and Collier County with their insurance premiums. 3 June 11, 2008 · Policyholders with the state-run Citizens Property Insurance Corporation will receive another one-year rate freeze. . When a homeowner protects his home from a hurricane and makes improvements that increase the value of their home, the Bill protects the property from taxation and receives an immediate discount on homeowner . . Insurance premIUms. · Gives the state more influence over other insurance companies on rate Increases. Commissioner Halas asked where the State stands as far as the budget on Hurricane Catastrope Coverage. Mr. Richter answered, the State is the owner of the CAT Fund and ifthere are claims due to a disaster and/or hurricane there would be need to access billions of dollars and if so, the State would have to Bond. This affects policies holders. Citizens are put at risk with the attempt to lower premIUms. Mr. Hudson noted the "Continuing Efforts to Decrease Insurance Costs Bill" also covers "Mitigation Rating" where a potential buyer of a home must be informed ofthe structure's windstorm "Mitigation Rating." Effective January 1,2011, a purchaser ofresidential property located in the wind-borne debris region must be informed of the windstorm mitigation rating of the structure, in the Contract or with an addendum to the Contract. This Bill will encourage people in a wind- born region to mitigate. Protection of Impact Fees None of the Impact Fee Bills were passed but the Delegates worked very hard at defeating them. The Collier County's ability to impose and collect Impact Fees mythology has been protected. Affordable Housinl! Remove Cap on Sadowski Housing Trust Funds. None of the bills passed. However, Representative Aubuchon included a budget proviso which included in the 2008-2009 State Budget, $20M for housing assistance to local governments which have reduced impact fees 25%. Commissioner Coletta concerned about the need for new Affordable Housing to be built, asked if some of these funds could be redirected to rehabbing some of the existing homes and to pick up foreclosed homes and be able to distribute some to low income people throughout the area and move some ofthe surplus inventory that exists. Mr. Richter stated he did not have that answer but he agreed with Commissioner Coletta there should be a way the forces in the market can be used to an advantage for Affordable Housing. Prices have come down dramatically and current inventory of foreclosed homes have gone up. He also stated foreclosures are not an ideal solution to affordable housing. There is a need to spend efforts to keep people in their homes so we do not end up with blighted neighborhoods. 4 June 11,2008 Real Estate Transfer Fee The Legislature was not in a mind set or a mood to allow for additional taxes at a State or Local level. The Delegation members may rethink if this Bill should be considered for next year. Transportation Bills . Seat Belt usage passed · Red Light Camera Bills failed. This bill almost passed. There was not an agreement on how to appropriate the funds. Many Communities are moving forward and because the Statues are silent, they themselves are installing cameras on the lights at the intersections. Keith Arnold suggested this issue be explored and reviewed with the legal department. Home Rule Commissioner Fiala inquired on the Protect Home Rule Session. Commissioner Halas complimented Senator Saunders on his efforts to make sure the Home Rule was not taken away from the Counties. He stated Home Rule is very important and should remain with the Counties. Mr. Mudd noted the President of the Florida Association of Counties is a miner and he doesn't necessarily agree with Senator Saunders in his efforts. Mr. Mudd suggested when Commissioner Halas goes to the Florida Associates of Counties Conference, he reach some solidarity with the President so he represents Florida Associates of Counties and the County as an aggregate and does not work on his personal agenda. Commissioner Halas and other Commissioners are adamant about making sure they have control of the mining issue. Mr. Arnold echoed Commissioner Halas praises toward Senator Saunders and stated if it weren't for the Senators strong support, knowledge and his leadership, the Pre-empt of Florida Aggregate Mining Bill would have passed the Legislature. Another Home Rule issue was the Clerks bill, which is now in litigation. The Clerks bill emanated out of Collier County and is a very complex issue between the Board of County Commissioners and Clerks Office. The Bill has some serious issues with far reaching implications on how the local government conducts their activity. Keith Arnold spoke with the Florida Association of Counties and would like to develop a working group of Clerks and Commissioners to work through this issue over the next couple of months. He encouraged the County to continue to keep an open mind. Keith Arnold reached out to both, the Bar Association of Clerks and Bar Association of Counties. The Florida Taxation and Budget Reform Commission issues will go to the voters in November. The Commission has to make a decision on what they can do and are willing to do. 5 June 11,2008 Senator Saunders stated all Special Tax Breaks should be considered and noted the value of all the special tax breaks such as, Ostrich Fees and Sky Boxes add up to less than $100M. The elimination of Special Sales Tax on services would create tremendous problems for teachers, fireman, County Commissions and for people that oppose sales tax on services. Commissioner Halas spoke regarding rail transportation issues. Rail Transportation failed to pass a $450,000 plan. Transportation Association is predicting a 40% rise in truck traffic in the next 30-years, utilizing the failing infrastructure. Trains would travel 150 to 200 miles per hour and alleviate the truck traffic on the Interstate and save time and money. We need to be more aggressive on the rail transportation issue. Mr. Richter responded the debate on this issue was very lively and extensive. Legislature failed to pass a $450M plan sought by Central Florida Lawmakers' to build a commuter rail line with CSX from Orlando to Tampa. Liability was the biggest factor in why this Bill did not pass. CSX required indemnification. There was support from both sides for rail transportation. The rail issue is not dead and discussions will continue. Mr. Hudson stated the price tag, liability and challenging budget cuts made it difficult to pass. A Railway is cost effective with environmental benefits and requires a lot ofright-of-way. He also stated it was not a dead issue. Commissioner Halas left at 3:00 PM Competitive Consultants Act Mr. Richter worked hard on this issue along with Collier County. Mr. Arnold noted the County should be able to consider whom ever they want for a consultant. He stated it would be helpful to get sponsorship and encouraged assistance from the Commissioners in elevating this Act on the Florida Association of Counties agenda. Mr. Arnold stated major growth management bills which were under consideration failed to pass. The Department of Community Affairs and the Governor suggests a cooling off time period on growth management that will work toward benefiting the Community. DCA suggests that Counties impose a crop share ordinance. Mr. Arnold suggested the legal staff review the Transportation Bill that passed and provided for an overlay on the Growth Management Act allowing local government comprehension plans to better airport planning and a variety of other planning functions. Some transportation related growth management did pass. Counties on a discretionary basis should be allowed to waive DRIs and allow extensions on DRJ's 6 June 11, 2008 Immil!ration Laws Many of the Immigration Laws were introduced but none passed. Congress failed to act in the area of immigration reform. None of the bills were given a hearing at this time. Housinl! Authority Exchanl!e The County withdrew the support from the Housing Authority Exchange before the Session. IV. LOOKING AHEAD AT 2009 LEGISLATIVE SESSION Commissioner Fiala asked why, Tallahassee in general, is trying to take away the Pre-empt Home Rule away from the local government, when they have no idea of how this area functions? Senator Saunders stated most members in legislator have not been in local, city or county government. They do not understand and need to be educated regarding what is done at the different levels of government. Commissioner Coletta inquired ifMr. Richter had read the Rural Stewardship Land Area Letters. Mr. Mudd noted the Commission tried to respond to the Governor Orders. He pointed out that Collier County had the Rural Land Stewardship "boiler plate" and had been commended on it. Since then, the Department of Community Affairs has come up with a new "boiler plate" and they do not like the fact that Collier County doesn't fit the new "boiler plate." Collier County is exempt. Mr. Mudd stated the issues are in what is being said, e.i., derogatory statements regarding the Collier Counties Rural Land Stewardship as voodoo planning and an incomprehensible plan. (See attached) Commission Coletta stated this is something the delegation directed and he suggested they re-write their directive. Mr. Richter stated he is aware to a degree familiar with the Rural Land Stewardship. He looks forward to reviewing the correspondence. Commissioner Coletta requested that his correspondence also be included with the RSLA letters provided to the Delegates. V. OTHER TOPICS Mr. Mudd recommended the next meeting be after the referendum ballot is decided and stated the BCC calendar had room for a Preliminary Workshop Meeting early November. He asked the delegates when it would be better to have the Pre-Session meeting. Mr. Richter stated last year the Pre-Session Meeting was held the day after the election. If the meeting is held prior to November, the delegation would get a better feel on Florida Taxation Budget Reform Referendum and what is on the ballot. Senator Saunders and Mr. Hudson preferred to hold the meeting after the election. VI. PUBLIC COMMENT 7 June] ],2008 None. ***** There being no further business for the good of the County, the meeting was concluded by order of the Vice Chair at 3:50 PM. COLLIER COUNTY BOARD OF COMMISSIONERS Ld& Commissioner Donna Fiala, Vice Chairman \' ATTEST: DWIGHT E. BROCK, CLERK '~~k ':,"Attest IS to I . ,~~~ '9l'ItlIrt - \ · nes~MinJltes were approved by the Board on ,.~ or as amended . 1- !13d oE:> , as presented 8