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BCC Minutes 09/17/2020 BSeptember 17, 2020 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, September 17, 2020 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 5:05 p.m., in BUDGET SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: Chairman: Burt L. Saunders Andy Solis William L. McDaniel, Jr. Donna Fiala Penny Taylor ALSO PRESENT: Leo Ochs, County Manager Nick Casalanguida, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Mark Isackson, OMB Director COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Thursday, September 17, 2020, 5:05 p.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO THREE (3) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. 1. ADVERTISED PUBLIC HEARING— Collier County FY 2020-21 Budget A. Discussion of FY 2020-21 Millage Rates and Increases Over the Rolled Back Millage Rates B. Discussion of Further Amendments to the Tentative Budget C. Public Comments and Questions D. Resolution to Amend the Tentative Budgets E. Public Reading of the Taxing Authority Levying Millage, the Name of the Taxing Authority, the Rolled-Back Rate, the Percentage Increase, and the Millage Rate to be Levied. F. Adoption of Resolution Setting Millage Rates. Note: A separate motion is required for the Dependent District millage rates; and a separate motion is required for the remaining millage rates. G. Resolution to Adopt the Final Budget by Fund. Note: A separate motion is required for the Dependent District budgets; and a separate motion is required for the remaining budgets. 2. Adjournment of FY 2021 Public Budget Hearing September 17, 2020 Page 2 CHAIRMAN SAUNDERS: The meeting of the County Commission will please come to order. I've asked our County Manager if he would lead us in an invocation and, Commissioner McDaniel, if you'll lead us in the Pledge. MR. OCHS: Heavenly Father, we ask your blessings on this County Commission, that the decisions they make and the deliberations that they make this evening are made in the interest of our community. We ask that you grant them the wisdom and understanding to make all decisions in the best interest of our community. In these things we pray in your holy name. Amen. PLEDGE OF ALLEGIANCE COMMISSIONER McDANIEL: With me, ladies and gentlemen. (The Pledge of Allegiance was recited in unison.) CHAIRMAN SAUNDERS: Mr. Isackson, if you'll kind of lead us through the process this evening. Item #1A DISCUSSION OF FY 2020-21 MILLAGE RATES AND INCREASES OVER THE ROLLED BACK MILLAGE RATES – PRESENTED MR. ISACKSON: I will. Thank you, Mr. Chairman. Commissioners, this is our last public budget hearing for the FY 2020-'21 fiscal year budget which begins on October 1, 2020 and runs through September 30, 2021. As we had in the previous hearing on September 3rd, we have a pretty scripted format pursuant to truth-in-millage September 17, 2020 Page 3 guidelines and, of course, the agenda contains a specific sequence of agenda items to be covered. Advertisement for this hearing was published in the Naples Daily News on Monday, September 14th, 2020. There are agenda and speaker slips in the hallway. Mr. Casalanguida, I don't know whether you have any or not, but -- MR. CASALANGUIDA: No, sir. I've looked outside. MR. ISACKSON: Or if there are any online, so... MR. CASALANGUIDA: None registered online. None have submitted slips. MR. ISACKSON: Commissioners, Mr. Chairman, the first discussion item pursuant to the TRIM statute is a discussion of the '20-'21 millage rates and increases over the rolled-back rate. Rolled-back rate is, essentially, that increase in the millage over the rolled-back rate needed to fund the budget and the reasons why ad valorem tax revenues above the rolled-back rate is calculated on the state's DR-420 forms are being increased. The rolled-back rate is defined as that tax rate necessary to generate prior year tax revenues, and this tax rate is calculated not including taxable values associated with new construction additions and deletions and rehabilitative improvements. The Board-adopted budget guidance for FY 2021 include a millage neutral operating levy position. The same tax rate as last year and, for that matter, since Fiscal Year 2010, for the General Fund. And for the Unincorporated Area General Fund, the millage rate was, once again, planned at .8069 pursuant to Board guidance with the additional marginal ad valorem dollars above millage neutral, the operating levy, devoted to maintaining our landscape medians. September 17, 2020 Page 4 Levies for the General Fund and Unincorporated Area General Fund represent together over 97 percent of the total aggregate taxes levied across all of Collier County Government-controlled taxing authorities for Fiscal Year 2021. The FY 2021 tentative General Fund and Unincorporated Area General Fund Operating and Capital Budgets as presented are based upon a Board-adopted budget policy. Both the General Fund and the Unincorporated Area General Fund proposed tax rates are higher than the rolled-back rate. Collier County taxable value has increased over the past nine fiscal years, and the increase for FY 2021 is 6.08 percent and 6.87 percent within the General Fund and Unincorporated Area General Area Fund, respectively. Within an increasing taxable value environment, under neutral operating and capital policy guidance, the rolled-back rate will be lower than millage neutral, and this event occurs in Fiscal Year 2021. Commissioners, if you refer to Exhibit 1A on Page 1 or on Packet Page 9, if you pulled the agenda off the mini (phonetic) track system, millage rates for each taxing authority controlled by Collier County government has been established pursuant to Board guidance, and these tax rates represent the maximum tax rates that can be levied were approved at the first public hearing in September 3, 2020. The new Blue Sage MSTU and Rock Road MSTU, based upon their respective district's DR-420, the millage rates will require separate unanimous votes if all dependent millage rates are not approved unanimously. We'll get into that when we get to the resolution which adopts the final millage rates. The cumulative aggregate rolled-back rate for all Collier County taxing authorities, exclusive of debt, service totals 4.0614 per September 17, 2020 Page 5 thousand dollars of taxable value. The proposed aggregate tax rate for all Collier County taxing authorities, exclusive of debt, service totals 4.1848 per thousand dollars of taxable value. This represents an increase of 3.04 percent over the aggregate rolled-back rate and necessitate a notice of proposed tax rate increase ad for TRIM purposes and not simply a budget summary ad. Item #1B DISCUSSION OF FURTHER AMENDMENTS TO THE TENTATIVE BUDGET Commissioners, Item 1B on the agenda is a discussion of further amendments to the tentative budget. There are two this evening. The first is an appropriation change, and it stems from Board action at the September 8th, 2020, meeting essentially extending the Bayshore CRA Gateway Triangle closing with Real Estate Partners International from '20 -- FY 2020 to FY '21, and the second is, essentially, establishing the required grant match budget for fire and EMS operations at Mile Marker 63. Now, these appropriation changes are detailed within the resolutions attached. No changes to the roster of millage rates approved at the September 3rd budget hearing are proposed. At this point, Mr. Chairman, we would go to public comments and questions on the agenda. CHAIRMAN SAUNDERS: All right. Let's see if there are any questions or comments from the Commission, and then we'll go to public comment. Are there any -- I don't see anybody's light lit up. Anybody have any questions or comments? Commissioner McDaniel. September 17, 2020 Page 6 COMMISSIONER McDANIEL: And, Mark, you and I spoke earlier about the -- is now an appropriate time to talk about Rock Road? MR. ISACKSON: Yes, sir. COMMISSIONER McDANIEL: Or do you want to -- MR. ISACKSON: No, this will be fine. Item #1C PUBLIC COMMENTS AND QUESTIONS COMMISSIONER McDANIEL: -- wait until then? I just -- I had mentioned at our last hearing the large change in the MSTU for Rock Road, and we've got a plan for the appropriation of those funds to reduce debt and then a realignment, potentially, of the boundaries of that MSTU to make sure that it is impacting the people that are benefiting from that MSTU and not including those who are not. Clear enough? MR. ISACKSON: Do you want me to elaborate, sir? COMMISSIONER McDANIEL: If you wish, yes. MR. ISACKSON: Just a couple of observations. Commissioners, the Unincorporated Area General Fund advanced Rock Road $260,000 back in 2015. From my office's perspective, paying off that loan in FY '21 in the tune of about $83,000, which is left on the balance of it, is appropriate, which is why the millage rate is kept at 3 at this point. The taxable value has gone up about 145 percent because there's some new development in that area. The Commissioner was talking about this new development and whether or not there's actual benefit actually to Rock Road, although it's in the MSTU. So I think the Public Services staff is September 17, 2020 Page 7 going to take a look at that and adjust those boundaries accordingly, but they have to do that before January 1 if it's going to be on the '20-'21 tax year roll. So, anyway, those are my comments. CHAIRMAN SAUNDERS: And there's nothing that we need to do this evening in reference to that; that will come back to us between now and January 1st? MR. OCHS: Correct. COMMISSIONER McDANIEL: That boundary. And we're going to -- and then if we have an issue with that, then we'll make adjustments in the actual rates. But it is an equitable distribution, so... CHAIRMAN SAUNDERS: All right. COMMISSIONER FIALA: So, you would report back to us and just let us know? Because it's -- I think this is so interesting. COMMISSIONER McDANIEL: Yes, ma'am. CHAIRMAN SAUNDERS: Commissioner Solis. COMMISSIONER SOLIS: I just was wondering if I could get a little update on the Mile Marker 63 situation. THE COURT REPORTER: You're not on your mic. COMMISSIONER SOLIS: I'm sorry. The Mile Marker 63 -- is this on? MR. OCHS: Try to get a little closer. COMMISSIONER SOLIS: Like that? MR. OCHS: Yes. COMMISSIONER SOLIS: Okay. The Mile Marker 63 issue -- and I'm assuming that that has been resolved. It was one of the first things that I went to Tallahassee about was this Mile Marker 63 EMS station, and -- MR. OCHS: Yes, sir. The Board entered into an interlocal September 17, 2020 Page 8 agreement with Greater Naples Fire to operate that station. We have an agreement. Part of that agreement requires the district to go to the legislature in this coming legislative session to try to lobby for a local bill that would move that Ochopee district into the Greater Naples Fire District, and that was always the long-term goal. They are obligated under your agreement to pursue that during the next legislative session, and Ms. Price has been in contact with Chief Schuldt, and that's all in the works. COMMISSIONER SOLIS: So that -- no longer any concern that somehow, we might end up not having the funding for that particular EMS station? MR. OCHS: Well, I'll never say never only because the state has a four-year commitment to fund that through FDOT. We got a call from the District 1 secretary a couple weeks ago saying because of their budget constraints up in Tallahassee, he wanted to talk again about their funding obligation. And so, we'll sit down and talk to him. But no change at this point. And we'll keep you updated as we move through the session. CHAIRMAN SAUNDERS: Senator Passidomo has been instrumental in that she's in line to be the Senate President; not this term, but in 2022. And so, I suspect that, as long as we're communicating with her, that funding will probably be available to us. MR. OCHS: Yes, sir. Mr. Mullins has done that already this week. CHAIRMAN SAUNDERS: Okay. Any other questions or comments from the Commission? (No response.) CHAIRMAN SAUNDERS: Do we have any registered speakers? MR. CASALANGUIDA: No, sir. September 17, 2020 Page 9 CHAIRMAN SAUNDERS: Anybody in the audience want to speak on any issues on the budget? (No response.) CHAIRMAN SAUNDERS: Mr. Isackson. MR. ISACKSON: Mr. Chairman, thank you. Item #1D RESOLUTION 2020-149: AMENDING THE TENTATIVE BUDGET – ADOPTED Under Item 1D is a resolution to approve the amended tentative budgets, which I just elaborated on and was part of our discussion just recently. So, if we could have a motion to approve the resolutions, please. CHAIRMAN SAUNDERS: All right. COMMISSIONER TAYLOR: So move. COMMISSIONER SOLIS: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN SAUNDERS: There's a motion and multiple seconds. I don't know if the reporter got the second on that. THE COURT REPORTER: (Nods head.) CHAIRMAN SAUNDERS: All right. Any discussion? (No response.) CHAIRMAN SAUNDERS: All in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. September 17, 2020 Page 10 COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. MR. ISACKSON: Thank you, Mr. Chairman and Commissioners. Item #1E PUBLIC READING OF THE TAXING AUTHORITY LEVYING MILLAGE, THE NAME OF THE TAXING AUTHORITY, THE ROLLED-BACK RATE, THE PERCENTAGE INCREASE, AND THE MILLAGE RATE TO BE LEVIED – READ INTO THE RECORD And, Mr. Chairman, Item 1E is a public reading of the taxing authority levying the millage, the name of the taxing authority, the rolled-back rate, the percentage increase, and the millage rate to be levied. So, without further delay, Commissioner, I'll proceed. Commissioners, the General Fund, proposed millage rate, 3.5645. The rolled-back millage rate, 3.4587. A 3.06 percent increase over the rolled-back rate. The Water Pollution Control, Fund 114, the proposed millage rate, .0293. The rolled-back millage rate, .0283. A 3.53 percent increase over the rolled-back rate. The Unincorporated Area General Fund, the millage rate, .8069. The rolled-back millage rate, .7821. A percent change over the rolled-back, 3.17 percent. The Golden Gate Community Center, the proposed millage rate, .1862. The rolled-back millage rate, .1736. That's a 7.26 September 17, 2020 Page 11 percent increase over the rolled-back rate. Victoria Park Drainage, proposed millage rate, .0300. The rolled-back millage rate, .0300. No change from the rolled-back rate. Victoria [sic] Park Drainage, proposed millage rate, .0052. The rolled-back millage rate, .0052. No change from the rolled-back rate. MR. OCHS: That was Naples Park. MR. ISACKSON: Naples Park Drainage. The Vanderbilt Beach MSTU, the proposed millage rate, .5000. The rolled-back millage rate, .4880. That's a 2.46 a percent increase over the rolled-back rate. The Ochopee Fire Control, the proposed millage rate, 4.0000. The rolled-back millage rate, 3.8536. A 3.80 percent increase over the rolled-back rate. The Goodland/Horr's Island Fire MSTU, the proposed millage rate, 1.2760. The rolled-back millage rate, 1.1890. That's a 7.32 percent increase over the rolled-back rate. The Sabal Palm Road MSTU, no proposed millage rate; 0.0000. The rolled-back millage rate is 0.0000. The Golden Gate Parkway Beautification MSTU, the proposed millage rate, .5000. The rolled-back millage rate, .4507. That's a 10.94 percent increase over the rolled-back rate. The Lely Golf Estates Beautification MSTU, the proposed millage rate, 2.0000. The rolled-back millage rate, 1.8902. That's a 5.81 percent increase over the rolled-back rate. The Hawksridge Stormwater Pumping MSTU, the proposed millage rate, .0365. The rolled-back millage rate, .0635. No change from the rolled-back rate. The Radio Road Beautification MSTU, the proposed millage rate, 0.0000. The rolled-back rate, 0.0000. No change from the September 17, 2020 Page 12 rolled-back rate. The Forest Lakes Roadway and Drainage MSTU, the proposed millage rate, 1.3781. The rolled-back millage rate, 1.3435. That's a 2.58 percent increase over the rolled-back rate. The Immokalee Beautification MSTU, the proposed millage rate, 1.0000. The rolled-back millage rate, .9428. That's a 6.07 percent change over the rolled-back rate. The Bayshore Avalon Beautification MST U, the proposed millage rate, 2.3604. The rolled-back millage rate, 2.2320. That's a 5.75 percent increase over the rolled-back rate. The Haldeman Creek Dredging MSTU, proposed millage rate, 1.000. The rolled-back millage rate, .9633. A 3.81 percent increase over the rolled-back rate. The Rock Road MSTU, the proposed millage rate, 3.0000. The rolled-back millage rate, 1.2338. That is a 143.15 percent increase over the rolled-back rate. The Forest Lakes Debt Service, the proposed millage rate, 2.6219. The rolled-back rate, 2.4809. A 5.68 percent increase over the rolled-back rate. The Vanderbilt Waterways MSTU, the proposed millage rate, .3000. The rolled-back millage rate, .2906. A 3.23 percent increase over the rolled-back rate. The Blue Sage MSTU, proposed millage rate, 3.0000. The rolled-back millage rate is 0.0000. Collier County Lighting MSTU, proposed millage rate, .1391. The rolled-back millage rate, .1391. There's no change from the rolled-back rate. The Pelican Bay MST and BU, the proposed millage rate, .0857. The rolled-back millage rate, .0837. That is a 2.39 percent increase over the rolled-back rate. Commissioners, the aggregate millage rate, the proposed millage September 17, 2020 Page 13 rate, 4.1848. The rolled-back millage rate, 4.0614. A 3.04 percent increase over the rolled-back rate. Item #1F RESOLUTION 2020-150: SETTING MILLAGE RATES. MOTION TO APPROVE THE DEPENDENT DISTRICT MILLAGE RATES – ADOPTED; MOTION TO APPROVE THE REMAINING DISTRICT RATES – APPROVED Mr. Chairman, Commissioners, Item 1F on your agenda is adoption of the resolution setting the millage rates. And if I can, a separate motion is required for the dependent district millage rates and a separate motion is required for the remaining millage rates. So two motions, please. CHAIRMAN SAUNDERS: We'll deal with the dependent district millage rates. Are there any questions or comments? (No response.) CHAIRMAN SAUNDERS: If not, is there a motion? COMMISSIONER TAYLOR: So move. CHAIRMAN SAUNDERS: We have a motion. COMMISSIONER FIALA: Second. CHAIRMAN SAUNDERS: And a second. Any discussion? (No response.) CHAIRMAN SAUNDERS: Seeing none, all in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. September 17, 2020 Page 14 COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. Then we need a motion dealing with the remaining millage rates. COMMISSIONER TAYLOR: So move. COMMISSIONER McDANIEL: Second. CHAIRMAN SAUNDERS: We have a motion and a second. COMMISSIONER FIALA: Second. CHAIRMAN SAUNDERS: Any discussion? (No response.) CHAIRMAN SAUNDERS: Seeing none, all in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. Item #1G RESOLUTION 2020-151: THE FINAL BUDGET BY FUND. (NOTE: A SEPARATE MOTION IS REQUIRED FOR THE DEPENDENT DISTRICT BUDGETS; AND A SEPARATE MOTION IS REQUIRED FOR THE REMANING BUDGETS) – TWO MOTIONS TAKEN AS REQUESTED – ADOPTED September 17, 2020 Page 15 MR. ISACKSON: Mr. Chairman, Item 1G is a resolution to adopt the final budget by fund and, again, a separate motion is required for the dependent district budget and a separate motion is required for the remaining budgets. CHAIRMAN SAUNDERS: All right. We need a motion in reference to the dependent district budgets. COMMISSIONER TAYLOR: So move. COMMISSIONER FIALA: So moved. COMMISSIONER TAYLOR: Second. CHAIRMAN SAUNDERS: We have a motion and second. All in favor of the motion? COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. And now we need a motion dealing with the remaining budgets. COMMISSIONER TAYLOR: So move. COMMISSIONER FIALA: Second. CHAIRMAN SAUNDERS: We have a motion and a second. All in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) September 17, 2020 Page 16 CHAIRMAN SAUNDERS: That passes unanimously. MR. ISACKSON: Mr. Chairman, that concludes my comments on the FY '20-'21 final public budget hearing. CHAIRMAN SAUNDERS: Okay. Any comments from the Commission? COMMISSIONER TAYLOR: One -- one comment. CHAIRMAN SAUNDERS: Commissioner Taylor. COMMISSIONER TAYLOR: How much I enjoyed your daughter's voice with the Pledge of Allegiance. MR. COOK: Thank you. COMMISSIONER TAYLOR: It was beautiful. COMMISSIONER McDANIEL: We could hear that up here. CHAIRMAN SAUNDERS: And we still have no registered speakers – MR. CASALANGUIDA: No, sir. CHAIRMAN SAUNDERS: -- either online or in the audience. All right. If there's nothing else, then we are adjourned. ******* There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:24 p.m. September 17, 2020 BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL BURT SAUNDERS, CHAIRMAN ATTEST: CRYSTAL K. KINZEL, CLERK & Attest as to Ch•':43i:n'S signature on These minutes7r6ved by the Board onitCAlVr i 3. presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI LEWIS, FPR, COURT REPORTER AND NOTARY PUBLIC. Page 17