BCC Minutes 10/13/2010 W (2011 Legislative Priorities)
October 13,2010
MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
AND THE COLLIER COUNTY LEGISLATIVE DELEGATION
2011 PRE-LEGISLATIVE SESSION WORKSHOP
Naples, Florida, October 13,2010
LET IT BE REMEMBERED that the Board of County Commissioners and the
Collier County Legislative Delegation, having conducted business herein, met on
this date at I :00 PM in WORKSHOP SESSION in Administrative Building "F,"
3rd Floor, Collier County Government Complex, Naples, Florida with the
following persons present:
CHAIRMAN: Commissioner Fred Coyle, District 4
Commissioner Jim Coletta, District 5
Commissioner Donna Fiala, District I
Commissioner Frank Halas, District 2
Commissioner Tom Henning, District 3
LEGISLATIVE DELEGATION: State Senator Garrett Richter
Representative Tom Grady (Absent)
Representative Matt Hudson
Representative-Elect Kathleen Passidomo
Representative Trudi Williams
Keith Arnold, Lobbyist
ALSO PRESENT: Leo Ochs, Jr., County Manager
Jeffrey Klatzkow, County Attorney
Debbie Wight, Assistant to the County Manager
Ian Mitchell, Executive Manager, BCC Office
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Board of County Commissioners
Collier County Legislative Delegation
2010 Pre Legislative Session Workshop
Wednesday, October 13,2010
1 - 4 p.m.
Collier County Government Center
Boardroom
Agenda
I. Introduction - Board of County Commissioners
Chairman Fred Coyle
II. Remarks on behalf of Collier County Legislative Delegation -
State Representative Matt Hudson, Chair
III. Review of Collier County 2011 State Legislative Priorities
IV. Other Topics of Discussion
. Funding of dedicated Ochopee EMS & Fire Station on
1-75 (Alligator Alley)
V. Public Comment
VI. Adjourn
Page I
October 13,2010
I. Introduction - Board of County Commissioners - Chairman Fred Coyle
Chairman Coyle called the Workshop to order at 1:02 PM.
Self-introductions were made by the members of the Legislative Delegation.
State Senator Richter announced Representative Tom Grady was unable to attend.
II. Remarks on behalf of Legislative Delegation - State Representative Matt Hudson
. Annual Legislative Delegation Hearing Day - November 23, 2010
o Morning session will be held in Immokalee
o Afternoon session will be held in the BCC' s Chambers
. Suggestion: In election years, schedule the Workshop after the election
(Representative Williams arrived at 1 :06 PM.)
III. Review of Collier County 2011 State Legislative Priorities
(1) Property Insurance
Position: Continue to monitor the issue.
. Legislation was sponsored by Senator Richter but vetoed by the Governor
. Affordable rates are critical to economic development and growth
. Changes should be made to the way property tax is administered
. State should explore options to broaden the rating pool to spread the risk
Concern: insurance rates will continue to rise regardless of regulations
Comments:
Chairman Coyle:
. Flood insurance rates are affordable because pool is large
. Request: Contact Gulf and Atlantic Coastal States to develop a cooperative
arrangement to expand the pool for wind insurance. Not all of the coastal
states share the same risks on a yearly basis. Approximately 80% of
premiums paid in Collier County are due to insurance for wind coverage.
Senator Richter:
. Supports efforts to increase competition in Florida
. Wind insurance portion of premium averages 5 - 10% in other states, but is
50% in Florida and Collier's rates are even higher due to location
. Re-insurance industry is not competitive - it is an international market
. Insurance industry in Florida is on the brink of bankruptcy
. Senate Bill 2011 mandated review of all proposed rate increases
o If a property is certified, premiums are usually reduced - additional
information is available on the website
Commissioner Halas:
. Stringent building codes in force in Collier County
. Most development occurred after 2000
. Wind insurance premiums do not recognize upgrades in construction
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October 13, 2010
(Keith Arnold arrived at 1:19 PM)
Chairman Coyle:
. If insurance companies are allowed to calculate premiums confined to a
particular state, rates will not be substantially reduced.
Commissioner Coletta:
. Participants in the pool should share the same weather-related issues
. To balance - consideration should be given to residents ofthe interior portion
of the County versus residents who live close to the beach
Senator Richter:
. High Risk Areas ("HRA") - different premiums are charged
. Support for shrinking HRA which would bring area closer to shoreline
(2) Illegal Immigration
Position: Support initiatives at the State level to reduce the number of illegal
immigrants living and working in Florida.
. E- Verify: Process to verify employment eligibility
. 287 (g) Program: Local law enforcement officers are trained to enforce
Immigration Law as authorized through the Immigration and Nationality Act
in cooperation with ICE ("Immigration & Customs Enforcement")
Comments:
Chairman Coyle:
. Collier County was the first county in Florida to institute the program through
the Sheriff s Office - it has been very successful
Representative Hudson:
. Martin County Representative has introduced stringent illegal immigration
legislation
. Goal: State-wide implementation of 287 (g) Program
o More productive and efficient than Arizona's laws
. Collier County is example of how to do it correctly - model for the State
o Cross-trained deputies in the jail and in the field
. Collaborative partnership with ICE
o Joint use of data bases saves time and money, i.e., incarceration costs
(3) Revenue & Expenditure Caps ("TABOR")
Position: Oppose Legislative or Constitutional restrictions on County authority to
determine local tax burden or local financial commitments to services and quality
of life.
Home Rule
Position: Collier County supports the Home Rule authority of local governments.
. Local government is best qualified to make decisions concerning local taxes
. Oppose central planning from Tallahassee
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October 13,2010
Representative Hudson:
. Agrees with Home Rule
. Collier County Commissioners have created/maintained quality of life
. Not all counties have been as successful
o Cited example of numerous problems in Broward County
· High millage rate of 24 mils
· Corruption/removal of officials
. Reality - there will be a fight
Commissioner Halas:
. Residents must advocate for themselves and not just "accept."
Chairman Coyle:
. State not required to solve with uniform application to all counties
. State should not reach over the voters and cause harm to successful counties
. Design/tailor legislation specific to problem counties
. Movement: Stop "big government"
(4) Impact Fees
Position: Support Home Rule authority over administration of the County's
Impact Fee program.
and
(5) Growth Management
Position: Monitor Permitting, Transportation Concurrency Exception Areas ("TCEA '~
and Mobility Fees; and Preserve County's Real-Time Concurrency Program.
. Local jurisdictions should be allowed to make their own decisions rather than
applying uniform rules across entire State
. If Collier County's ability to use Impact Fees is restricted/removed, other
sources of revenue must be found - infrastructure will suffer and quality of
life will decline
. Impact Fees are not preventing economic recovery
. Transportation Impact Fees were paid for 4,500 proposed dwelling units and
over one million square feet of commercial space - construction could begin -
there is no construction because there is no demand
. Will hamper the County's ability to position itself for economic resurgence
Chairman Coyle:
. Collier's concurrency provisions over the past eight years has allowed the
county to survive economic downturn
(6) Consultants Competitive Negotiation Act ("CCNA")
Position: Support CCNA legislative reform to allow agencies discretion to procure
architectural or engineering services based strictly upon qualifications, or in the
alternative, to select firms on a "best value" taking both price and qualifications
into consideration.
. Everyone who bids on a government contract should be evaluated in the same
way
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October 13, 2010
. Eliminate loopholes for certain classes of bidders
. Price should not be the sole criteria considered during the bidding process
Representative Williams:
. In the 80s, contracts were awarded based on the lowest bid and there were
tragedies when bridgeslbuildings/piers collapsed
. CCNA was written to permit ranking of candidates based on qualifications
and then enter into negotiations with highest ranked candidate first - if not
successful regarding fee, proceed to second candidate
Chairman Coyle:
. No opportunity to return to first bidders later in process if first bid was
actually the highest after process has been completed
. No guarantees there will not be problems
. Cited recent water/sewer project that required millions of dollars of
repair/replacement due to faulty design and installation by professionals
. Set up a uniform procurement process including both price and qualifications
for consideration
Collier County Purchasing Director:
. Does not support awarding contracts solely on price
. Proposal: consider fees as a second step after determining most qualified firms
a Qualification-based process will remain intact - just adding options
. There are options in every other process for procurement of services
(7) Offshore Drilling in Gulf of Mexico
Position: Support permanently prohibiting offshore oiVgas drilling within
Florida's territorial waters, and support State demands that the Federal
Government exert rigorous oversight over current/future drilling - insist no
monetary limits are set for drilling mishaps.
. Oil well leases exist throughout the U.S.
a either there is no drilling, or wells have been drilled and capped for
future use
. Must find alternatives to dependence on foreign oil
Representative Hudson:
. It is not legal to drill in Florida waters - unnecessary to change Constitution
when drilling has been banned
. Will not support tying the hands of future generations by instituting a
permanent ban
. Oil Pollution Act of 1990 - set limitations through Federal Trust Fund and
liability acts
a State Legislature has no control- can make recommendations only
Representative Williams:
. Met with Lt. Governor and Emergency Operations of Louisiana
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October 13, 2010
. Problem was the Federal government - received conflicting instructions or
information from Coast Guard, U.S. Fish & Wildlife, U.S. Dept. of Interior
. State of Louisiana made better decisions
. Environmental Impact Statement submitted by BP for its permit was not read by
the Feds - blanket approved
a BP's disaster plan stated "in case of an emergency, BP will protect the
walruses, penguins and whales"
. There were no inspections of the oil rig after repairs were made
. Technology has not caught up to deep water drilling
Senator Richter:
. Florida needs an overall energy policy - renewable, clean energy
. Drilling for oil will not be an issue in the next Legislative Session
(8) Revenue Enhancements - Dot.com
Position: Support the tourism industry's position to require Online Travel
Agencies ("OTA'~ collect/pay sales tax and Tourist Development Tax due on the
total amount charged the visitor, not on the net amount paid to the hotel. The
revenue lost to both the State and Counties is significant.
. Fiscal Year 2010: Collier County lost $435,000 and the State lost $652,500 in
revenue
Keith Arnold:
. Theory: State law requires payment of taxes on the purchase of any product
or services via the internet
. Problem: How does the Department of Revenue enforce existing laws and
what level is taxable?
. Discount brokers offer lower prices but amount remitted to the hotelier is
lower than amount paid by the visitor - Department of Revenue claims the
highest level is to be taxed
(9) Libraries
Position: Support State Aid to Libraries and cooperatives, i.e., the Southwest
Florida Library Network
Monitorin!! of Enacted Le!!islation:
. Transportation
Position: Oppose raiding the Transportation Trust Fund; oppose regionalization
of Metropolitan Planning Organizations ("MPO'~;
a Collier County has worked cooperatively with Lee County but refused
to combine with Lee County MPO to change 1-75 to a toll road
a IfMPO were regional, Collier County would be deprived of representation
and
Position: Support the I-75/Everglades Boulevard Interchange
a Interchange is critical for public safety and welfare in case of weather-
related evacuations
a 1-75 Interchange is Collier County's top federal project
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October 13,2010
Commissioner Coletta:
. Three state agencies have required an additional environmental study
. BCC sent 45 letters to representatives of state agencies (Florida Water
Management District, Florida Fish & Wildlife, Florida Department of
Environmental Protection) inviting representatives to attend a public
hearing on Thursday, November 4th (at Palmetto Ridge High School, 6:00
to 8:00 PM) to explain their opposition to the 1-75 Interchange
. Residents will be invited to attend via mass e-mail
. Environmental community requested opinions from members across the
nation who have no idea of the importance of the road or its impact on the
local community
. Endorsed by the Regional Planning Council and Lee County MPO
Representative Hudson:
a Element of common sense is completely missing and unacceptable
Norm Feder, Administrator, Growth Management Division:
a Proj ect has Congressional support
a 90% of the land mass is already in conservation or public ownership
a Environmentalists concern is for remaining 10% not in public
ownership
. Non-Judicial Foreclosures
Position: Oppose any foreclosure legislation that threatens residents' due
process and property owner rights.
. Pre-Trial Detention and Release Programs
Position: Oppose legislation pre-trial programs; increased jail populations
result; $50M state-wide negative impact; the bill is supported by the Bail Bond
lobby and expected to return
a Unanimously supported by Board of County Commissioners and members
ofthe Public Safety Coordinating Council ("PSCC"), State Attorney's
Office and Public Defender's Office, Collier County Sheriffs Office
("CCSO"), and the David Lawrence Center
Representative Hudson noted Bills having a negative fiscal impact on the State
were defeated in the last session.
. Ochopee EMS and Fire Station on 1-75
Position: Continue exploring funding options with FDOT; critical public safety
issue on roadway connecting the west and east coasts.
Representative Hudson:
a Only two rest areas on "Alligator Alley" - at Mile Marker 36 and 63
a Broward County's jurisdiction ends at Mile Marker 50 and has a response
station with an airboat
a There is no cost recovery for Ochopee calls
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October 13,2010
o Public safety issue - Tourists use the road extensively
o Satellite facility could be placed at Mile Marker 63 rest area
Commissioner Coletta:
o It is the poorest Fire District in the area and they offer services outside of
their residential area
V. Public Comments
(None)
Delegation Comments:
. Keith Arnold noted a housekeeping function, i.e., if the Delegation decides to go
forward with funding for Ochopee, it must be heard at the Delegation Meeting in
November.
Chairman Coyle agreed Ochopee will be the only issue presented during the
November Meeting.
*.***
There being no further business for the good of the County, the Workshop concluded by
order of the Chair at 2:40 PM.
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS
.,
ATTEST:
DWl6HT "EiijllOCK, CLERK
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The Minutes were ar;rved by the Board/Committee on
as presented .-A....- , or as amended
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