BCC Minutes 09/04/1981 S
~
t
T
1__ ..~
-,~. .
'::T·
~.;:
....... "I. !'
þ!!riW
~
; .....,...
I
I
----------------..-..--..... ..
..... .........--......--...------
Naples, Florida, September 4, 1901
LET IT BE REMEMBERED, that a majority of the Board having givon
approval and the Clerk having given proper notice in accordance with
Ordinance N6~ 75-16, the Board of County Commissioners in and for the
County of Collier met in Special Session on this date at 11:05 A.M. in
Buillding "F" of the Courthouse Complex, Naples, Florida, with the
following members present:
CIIl\IRMl\N:
VICE-CHl\IR~'AN: :
John A. pistor
Clifford Wenzel
C.R. "Russ· Wimer
Mary-Frances Kruse
Dav id C. Brown
~LSO PRESENT: Harold L. Hall, Chief Deputy Clerk/Fiscal Officer,
Elinor M. Skinner, Deputy C¡erk, Donald Pickworth, County l\ttorncy; C.
William Norman, County Manager; .Brent Perkins, Budget Analyst.
AGENDA
I. Further conÐidoration of allocation oC
Federal Revenue Sh3r1ng, ^nd recommendation
and consideration r~garding reopening of
tentative budget hearing.
DIfCUSSION RE .a.LLOCl\TION OF FEDERAL REVENUE SHARING AND RECOMMENDATION
~ND CONSIDEn.a.TION REGARDING REOPENING OF TENTATIVE BUDG~T HEARING -
STIPUl..ATION RE ESTARLISHMENT OF 19R1 BUDGET AND MILLAGE RATE ADOPTED,
PUBLIC HEARING TO Of. IIEt.D ON SEPTEf'1BER IS, 191'1 AT 5:01 P."'.
County Attorney Pickworth said he had drawn up a paper ontitled
·Stipulation res Establishment of 1981 Budgot and Millage Rate· which
he had given tho Commissioners. He explained that when tho County
settled· the double taxation difference with the City of Naples last
year, the County formed two Municipal Service Taxing Districts that
consist of the entire unincorporated area of Collier County and that
one was a Municipal Sorvice Taxinq District for Roads. Ho said that
&OOK 063 rACE 436
Page 1
,
.
- . - - -- - - - -- -- -- - --'""--- -"'------------ ----------
\,
800K 063 PACE 437 Soptembor 4, 19B1
MSTD ~as to be funded by certain defined revenue Bource. which were
included in Alternate II of 'Mr. Fnsn~ Spence's Report. He noted that
th~ Board of County Commissioners passed a resolution specifically
determining to use Alternate II but that Alternato II did not provide
for the use of Federal Revenue Sharing Funds to fund the MSTU. He said
that the Florida Statutes prohibit a County from using funds darived
from county-wide sources to fund sorvicQs provided solely in an
unincorporated araa.
Mr. pickworth said that when tho tentative budget was made, and
the (irst notice of property taxes Wð~ sont, the allocation was for
lOO~ of the Federal ~~venue Sharing Funds in the Gonoral Fund. ~t the
September 1, 1981 public hearing, h~ ßaid, the money was allocated 70',
22\ which resulted in the Boðrd tentativoly adopting the budget and the
tentative mill~ge rate and that the tentativo millago rate was dropped
in th~ unincorporated MSTD, and tho hearing WDS then closed. He said
that this was not done for the purpose of upsetting the settlement
which the County hlld mðde with tho City last yoar.
Mr. Pickworth said he, the County Manager and the Fi8c~1 Officer
spent a long tim~ Septembor 3, 1901 in conversations with Mr. Dave
nynders and Mr. Jones deciding a way to rectify the situation and they
agreed the best way would ~e to reopen the hearing on the tentative
budget, al1ocato the. money back to the original mannor and adopt the
tentative millago rate and then proceed to a final budget hearing_
Mr. pickworth said that tho.alternativG, according to the
Statutes, would be to send a notice by first class mail to each
taxpayor within the taxing unit and after County Manager Norman
investigatod tho situation, the cost was found to be $2~,500 to .end
Page 2'
'.
.
"--1
~
j
-
.~
.1~'MJ.
Ðoptcmbor ;$,
. '
I
out that notice. I/o said he bolievos if tho purpose io only to correct
an inadvertent error, than there is no noed to sond tho notices. He
said the stipulôtion bofore tho Commissioners has been prepared ~nd if
they authorize him to sign it, he and Mr. Rynders will go to Judge
Carlton and ask him to make the stip~lation part of the record and to
enter an Order ordering the partios to proceed to re-hold the tentative
budget hearing as outlined in the stipulation.· He said he felt it was
necessary to' bring the Court into the matter because there is no
statutory procedure for re-holding a tentative budget hearing but when
the suit was settled with the City last year, a final judgment was
entered and one of the terms of that judgment was that the Court retain
juri6dic~ion for the purpose of making whatever supplemental Orders
were ne~essary to enforce the settlement, and, therefore, the Court
does have jurisdiction.
Mr. pickworth said that if the County does nothing, the City will
feel they have boen ·wronged" by approximately $156,000 and would
prohNbly go to Court for it and he said he felt the County would lose.
In response to a question from Commissioner Wenzol as to why the
money was not left in the General Fund, Mr. Norman said'that bðsic~lly
it was a misunderstanding on his lInd Mr. Hall's part as to what the
settlement was. He said the two Alternates in the Spence Report have
to be carefully studied to understand which one was adoptod lInd what
the implications were and he said he recognized it waa an error on hi.
part in recomm~nding the change and he recommended that it be
corrected. He said thero WlIS a companion action taken to amend the
1980-81 budget to mako the same adjustment and there needs to b.
additional supple~ental budgot hearings to reverse the action which was
."
&oOK 06 3 PACE 438
P.9- 3
- -- - - - -- ----:---- ----.,- ----:--.- -- -----~--~- - -.-.- -- - - -!
..
aOOK Septombor 4, 1901
takon on tho 1980-81 buûgot. na said tho tic.1ringÐ would need to bo
advertised.
Cornr.,l::::::ionor \Úmzel mOVCa) ~ secul1ùod by Commis:1ioncr Brown and
carried unanImously, that tho Stipulation ootðbllohlng tho 1981 Dud90t
and Millage Rate be adopted and the budget hearing be sot for Septembor
15, 1981 at 5:01 P.M.
Pa.9. 0(
- -- -- -- - - - - - - - - - - -.....;...- - -- ---, - - -- - - - - - -- - - --. ... .".,
. &
I
..
------------_.-~_.._.~ .,.
, .
"- ....--.-...------------------------'
September 4, 1981
Following a short discussion regarding advertising the public
hearing for the Supplemental Budget, Commissioner Kruse moved, seconded
by Commi8sio~or Wenzel and carried unanimously, that the nocessary
notices of public hearing on Federal Revenue Sharing and Supplemental
I
Budget, be authorized.
There being no furthor business for the good of the County, the
meeting was adjourned by order of the Chair - Time: 11120 A.M.
BOARD OF COUNTY COMMISSIONER5/EX
OFFICIO GOVERNING BOARD(S) OF SPECIAL
DISTRICTS UNDER IT CONTROL
"
..:
,
'.9- 5
wo). 063 tACE 444
.~
.:;."-
,tJ
1':'~
..
~- ,"';
-~-~--~----------~-~~-~--~----~----~~--~1:·.·:
, .
. '
. '
.~
,
~-".~.,,"._..........-......._"'.,_.<----