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BCC Minutes 09/04/2008 B (Budget) September 4, 2008 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, September 4,2008 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 district as has 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: Tom Henning Donna Fiala Jim Coletta Frank Halas Fred Coyle (absent) ALSO PRESENT: Jim Mudd, County Manager Jeffrey A. Klatzkow, County Attorney John Y onkosky, Budget Director Page 1 --_.,----- ..".~.,,---_. ----- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PELICAN BAY BUDGET AGENDA Thursday, September 4, 2008 5:05 p.m. Tom Henning, Chairman, District 3 Donna Fiala, Vice-Chairman, District 1 Jim Coletta, Commissioner, District 5 Fred W. Coyle, Commissioner, District 4 (Absent) Frank Halas, Commissioner, District 2 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 HERETO, 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 FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. 1. PLEDGE OF ALLEGIANCE 2. ADVERTISED PUBLIC HEARING - Pelican Bay Services Division Budget Hearing A. Executive Summary - Fiscal Year 2009 Pelican Bay Services Division Budget Page 1 September 4, 2008 __.m~ --,~-- B. Public Comment C. Resolution Approving the Special Assessment Roll and Levying the Special Assessment against the Benefited Properties Within the Pelican Bay Municipal Service Taxing and Benefit Unit 3. ADJOURN Page 2 September 4, 2008 ---- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS BUDGET AGENDA Thursday, September 4, 2008 5:05 p.m. Tom Henning, Chairman, District 3 Donna Fiala, Vice-Chairman, District 1 Jim Coletta, Commissioner, District 5 Fred W. Coyle, Commissioner, District 4 (Absent) Frank Halas, Commissioner, District 2 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 PROCEDINGS 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 FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. 1. ADVERTISED PUBLIC HEARING - BCC - Fiscal Year 2009 Tentative Budget. A. Discussion of Tentative Millage Rates and Increases Over the Rolled Back Millage Rates B. Review and Discussion of Changes to the Tentative Budget C. Public Comments and Questions: Page 1 September 4, 2008 ._-~-".-" ""--'-- C. Public Comments and Questions: D. Resolution to Adopt the Tentative Millage Rates E. Resolution to Adopt the Amended Tentative Budget F. Announcement of Tentative Millage Rates and Percentage Changes in Property Tax Rates G. Announcement of Final Public Hearing as Follows: Final Public Hearing on the FY 2008-09 Collier County Budget Thursday, September 18,2008 5:05 p.m. Collier County Government Center W. Harmon Turner Building (F) Third Floor, Boardroom Naples, Florida 2. ADJOURN Page 2 September 4, 2008 ---- --.----- September 4, 2008 MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, Commissioners, you have a hot mike. CHAIRMAN HENNING: Thank you. Welcome to the Board of Commissioners' 2009 budget public hearings. Would you all rise for the Pledge of Allegiance, please. (The Pledge of Allegiance was recited in unison.) CHAIRMAN HENNING: County Manager? Item #2C (Of the Pelican Bay Budget Agenda) RESOLUTION 2008-236: APPROVING THE SPECIAL ASSESSMENT ROLL AND LEVYING THE SPECIAL ASSESSMENT AGAINST BENEFITED PROPERTIES WITHIN THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT - ADOPTED MR. MUDD: Mr. Chairman, we have -- we have two orders of business that we have to do, and the first is to basically work the Pelican Bay Services Division budget, and it's a separate item, and you do it one time, and this is normally the first budget meeting of the two that we have. The board basically does this order of business. Mr. John Petty from Pelican Bay Services Division, their executive director, is here in order to do this. You have an executive -- oh, I'm behind -- this is Pelican Bay budget hearing tab. It's the second tab in your packet. And the executive summary is a recommendation that the Board of County Commissioners adopt a resolution approving the special assessment roll and levying the special assessment against the benefited properties within the Pelican Bay Municipal Services Taxing and Benefit Unit, and it basically runs through the fiscal impact and the total assessment identified. Page 2 ---- September 4, 2008 And then I'd just like to ask Mr. Petty to come forward and talk about those particular issues before the board takes any action to approve the resolution that's attached to the executive summary. Mr. Petty? MR. PETTY: Thank you. Good evening. The budget is in pretty good order. We're happy with it. We have nothing special to bring to your attention. We have no changes to ask for. I can tell you that the budget has been vetted through the budget subcommittee. It has gone through our standard board and has been approved for some time without changes. We just spoke at it at our meeting last night about this issue, and there are no further requests. The budget stands as is. Our recommendation is that you approve it. This is the second year we were able to reduce our assessments, and Pelican Bay is real happy with those kind of results. If there is any questions, I'll be glad to answer them. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yes. There was one constituent that was concerned about special assessment. Did any information get disseminated down to you from John Y onkowsky in regards to the issue that that one individual had, or maybe this person got in touch with you in regards to a special assessment for Pelican Bay? MR. PETTY: Commissioner, the only one that I recall was earlier in the year where there was a new resident coming into Pelican Bay who needed to understand what the special benefit assessment did and why it was imposed and what its basis was, but I haven't heard of anything lately. MR. MUDD: John, just to help Commissioner Halas in this particular regard, the person that made the query basically got your special assessment letter, okay, where you notified everyone that there was going to be a special assessment, and the question they had was, Page 3 ".-,.--,.,.- -- September 4, 2008 well, is this better than where we were last year? How does it -- how does it equate to the prior year? And I'll -- if John hasn't provided that to you, I'll get you that person's email so that you could basically answer that question. All he was looking for was last year's detail so he could compare it to the notification this year. MR. PETTY: Commissioner, we look forward to those. We like telling them that the assessments have gone down from last year. COMMISSIONER HALAS: That's great. MR. PETTY: This is a good year to ask that question. CHAIRMAN HENNING: Any other questions from the board? (No response.) CHAIRMAN HENNING: Is there any public speakers that wish to speak on Pelican Bay's MSTBU? MS. FILSON: I have none registered for Pelican Bay, sir. CHAIRMAN HENNING: Entertain a motion. COMMISSIONER HALAS: Motion to approve. CHAIRMAN HENNING: Motion to approve the resolution -- COMMISSIONER HALAS: Pelican Bay's -- COMMISSIONER FIALA: Second. CHAIRMAN HENNING: -- approving the Pelican Bay Service Division's -- MR. MUDD: Special assessment -- roll at levying the special assessment against the benefited properties within the Pelican Bay Municipal Services Taxing Benefit Unit. CHAIRMAN HENNING: Motion by Commissioner Halas, second by Commissioner Fiala. Discussion on the motion? (No response.) CHAIRMAN HENNING: Seeing none, all in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. Page 4 ..----- ~--~ September 4, 2008 CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) MR. PETTY: Thank you. CHAIRMAN HENNING: Thank you, Mr. Petty. Item #lA TENTATIVE MILLAGE RATES AND INCREASES OVER THE ROLLED BACK MILLAGE RATES - DISCUSSED MR. MUDD: Commissioner, that would bring us to now your third tab in your book, which is the Collier County budget hearing. And sir, at this time we will start the advertised public hearing for the Board of County Commissioners' fiscal year 2009 tentative budget. And you'll see the topics A through G on the particular slide, and at this particular time I'm going to have Mr. Y onkosky start addressing those particular items one by one. MR. YONKOSKY: Good afternoon, Commissioners. John Y onkosky, your budget director. Prior to starting those, I'd like to make a couple of introductory remarks that -- one is that this is a welcome to the citizens for the first two public hearings on the Collier County Government's fiscal year 2009 budget, the budget which begins on October 1, 2008, and goes through October 30,2009. The final hearing will be two weeks from tonight on September 18th here in the board chambers at 5:05. The final tax rates and the budget decisions will be made in two weeks. There are agenda speaker slips in the hall and there are agenda packages in the hall that's available for you. Speakers must register Page 5 _.m -.---- September 4, 2008 with Ms. Filson. Sue, if you'd hold your hand up to show them. You've got to fill out a speaker slip and register with Ms. Filson before the time for the public speakers starts. Following some introductory remarks regarding the tax changes and changes to the tentative budget that was initially released in mid July, there will be an opportunity under item 1C for speakers to talk to their commissioners. So you need to please sign those slips and fill them out if you want to talk before the commission and give them to Ms. Filson. And I'd like to do a brief public services announcement because there may be some questions about property valuation issues, and this PSA basically tells you that the Value Adjustment Board must get -- their deadline is Friday, September 12th, close of business. The filing fee is $15 per property. Property owners must present facts, comparable sales, et cetera, to prove the Property Appraiser's valuation is too high. The Value Adjustment Board application forms are available in the Property Appraiser's Office. And now the -- I'd like to go to item lA, which is a discussion of the tentative millage rates and increases over the rollback millage rate. This is a Florida Statute or a requirement. The Florida Statutes requires that the first substantive discussion item deal with any increases over the rolled back millage rates. And due to the board's action on 7/22 wherein you adopted millage neutral rates for the general and the MSTU general fund, there are actually only two rates to discuss. If you will turn to page 1 A in your book, 1 A 1. MR. MUDD: That's, again, on the third tab, which is the Collier County budget hearing. MR. YONKOSKY: That particular page provides a listing of all the millage rates that you adopted on July 22nd. What we need to do is to discuss briefly the Haldeman Creek dredging MSTU rate and the Pelican Bay MSTBU rates. Page 6 .-,.- ~--- September 4, 2008 The budget office has discussed with the Florida Department of Revenue if these two rates can be adopted with a simple majority rate, and the reason that that was a concern for us is that Haldeman rate -- the Haldeman Creek dredging rate on -- at your budget hearing, your final budget workshop hearing, a representative from the Haldeman Creek Board asked you if you would set their millage rate at .5 mills, and you agreed to do that. That shows up as a 341.70 percent increase over the millage rate from last year. And then Pelican Bay MSTU did not have a millage rate for several years, and this year you've approved a millage rate for Pelican Bay, and that millage rate is .0532. And that's a -- there is no rolled back rate for them, so there is an increase. Our discussions with DOR -- because there's a series of different motions that can be made or actually votes that can be made by the board, and a simple majority, as you know is three. In some cases for adopting increases, there has to be a supermajority, or -- in other cases there has to be an absolute vote. DOR has told us that because of the millage rates that you proposed -- that you adopted for the proposed budget on July 22, the millage neutral rates, that the aggregate rate -- as a result of that, the aggregate rate that sits on the bottom of this slide, the 3.8997, is below the aggregate rollback millage rate; therefore, a simple majority vote when we get to the resolution later on in the agenda will need to be taken. Item #lB REVIEW AND DISCUSSION OF CHANGES TO THE TENT A TIVE BUDGET - DISCUSSED Item 1 B 1 is a review and discussion of changes to the tentative budget. If you'll go to 1 B 1, and that's three pages back. Your package Page 7 --,-- '-'- September 4, 2008 contains a summary sheet that's several pages that discussed the changes since 7/22 to the budget that you reviewed and adopted on 7/22, and I would like to go through those changes real quick. On the summary, behind the summary is an individual page for each budget. With the summary, I'd like to discuss briefly what the changes were in each fund. And in the general fund, the net change to the fund total is $17,000. The FY-'09 reserve for contingency was reduced by $417,000 to recognize expenditures that the board has approved since 7/22. That's 46,000 for engineering services for the airport, 121,000 for Hurricane Wilma closeout work, 250,000 to fund the emergency costs for Tropical Storm Fay, and the $400,000 appropriation for the Pulling Park -- Pulling Boat Park has been moved to the park's capital fund. The net impact to the general fund of $17,000. On the sheriffs fund, fund 040, the net change to the fund is zero, but because of the board's action -- and during the workshop you funded part of their UFRs, and as a result of that, they had to realign some of the budget -- line items in their budget. They have done that. The net effect is zero, but I'm telling you what the -- that there was a change there. And the Property Appraiser's budget, fund 060, it has a net increase from what was presented to you on July 22nd of $800, and that's an increase that was approved by the Department of Revenue. The Tax Collector's fund, 070, we did not have the taxes collector's proposed budget approved by the DOR at the time of the July 22nd meeting. It showed zero. The Tax Collector's budget has been presented to the Department of Revenue. It's now included. And that is an increase of$21,619,800. That budget includes an estimated $9,229,000 of excess fees anticipated to be turned back at the end of fiscal '09, and that would be turned back to all of the districts that levied taxes. The MSTD general fund, the unincorporated area has a net Page 8 --~---,"' '. -,"._-- September 4, 2008 decrease $450,000. That's made up of two budgetary actions. The first one increased the transfer to the landscaping fund, 112, in order to provide a local match for the Florida Department of Transportation, the local area, or LAP program agreement, covering the Jolly Bridge landscaping product in FY-09, and the second one actually reduced carry-forward by $450,000, resulting in the board's action on August 26 for Tropical Storm Fay debris removal and other emergency expenses. The MSTD, landscaping projects fund 112, has a net change of $480,000. That's the $450,000 that we talked about, plus 32,000 in local matches, and the entire grant was 448,000; the total ofthose two is the $480,000. Conservation Collier, the '09 budget increases by $35 million. This was -- we took this action and recommend it to you based on the fact that the land could not be purchased in the FY -'08 budget, and so we moved it to FY-'09, and you will have presentations made to you in the future on that. The next one is the TDC beach park facilities fund, fund 183, has a net decrease of $8,300. This actually affects several funds. But at the July 22nd BCC meeting, you authorized an additional one-half FTE as part of a tourism advertising marketing emergency stimulus package. Fund 194 had no reserves pursuant to the enabling legislation, ordinance 2005-43. So the transfer of funds to fund 183 and 195 are reduced by one-half FTE cost in accordance with enabling legislation. The BayshorelGateway Triangle fund, fund 187, the net change to the general fund is zero, but because of the board action, their advisory committee action, they're recommending that $200,000 that was budgeted operating expense to fund the referendum be moved into a capital project, and we have done that. The TDC fund 195, the 16,700, that goes back to the discussion because they had about one-half FTE. Page 9 ..-.- September 4, 2008 The museum fund, zero change to the fund, but we're reclassifying $300,000 in capital expenses to the Naples Depot. Parks and Rec ad valorem capital projects, fund 306, has got $500,000 increase in it, the $400,000 in the Pulling Park allocation, and there was a 200 -- we forecasted $200,000 in grants revenue. They will be received and re-budgeted in 2009, and the reserves are increasing by $100,000 due to voter improvement collections exceeding our forecast. The gas tax route (sic) construction fund has $474,000 -- 474,500 increase. At your July 22nd meeting, you approved the dynamic message sign grant for $750,000, and it states in a letter to transportation division stating that $1,800,000 reimbursement will be sent in FY-2008 instead of FY-2009. And in mid August the state recommended that we decrease gas tax revenues by 4 percent in their -- as a result of their economic reVIew. The museum capital project fund, fund 314, that increases by $300,000. That's reclassifying the $300,000 for the exhibits display for the Naples Depot from the fund 198 that we just talked about. The library impact fee fund is increasing by $30,000 because the impact fee collections are exceeding forecasts by $30,000. The Isle of Capri Fire District impact fee fund is an increase of $17,100 because this is -- again, we're truing up the forecast, and now we think it's going to be an additional $17,100. The county water and sewer district fund, fund 408, the net change to the fund is $27,460 -- four hundred and -- $27,460,200. The 2006 bond debt service payment allocation was changed based on several budget amendments that the board approved on 7/22/2008. And then transferred money was forecasted to the user fee funds during the FY-'08 budget. That's been deferred to the FY-'09. County water and sewer district, debt service 410, has a decrease of a $1,096,600. That was an amendment for the number two, the Page 10 .._--"_.'.- ....- September 4, 2008 state revolving fund loan that you approved on 7/22. It reduced loan proceeds by approximately $1,009,079, and decreased the debt service payment. The water impact fee capital projects fund, fund 411, is increasing by $6,833,000. Here again on 7/22, the board approved several budget amendments that are moving bond proceeds into various funds for the -- and the reason for that is to spend down those bond proceeds. Water user capital fees capital projects fund, 412, there's no net change, but there was a transfer of money was forecast from the water and sewer operating fund. It's going to be deferred into FY-2009. The sewer impact fee, capital projects fund, fund 413. That has a net increase of $2,050,300. On 7/22 the board approved several budget amendments, moving the bond proceeds. This is one of the funds that was impacted by that. The sewer user fee capital projects fund, fund 414, has a net increase of $2,500,000. On 7/22 -- this is one of the budget amendments that you made on 7/22. Fund 415, which is the water and sewer bond proceeds capital fund, there's a net decrease of $12,100,400. This, again, relates to the budget amendments that you approved on 722. The court administration fund, fund 681, has a net change of $30,000. Court administration increased their position to support a magistrate position eliminated by the State of Florida. The grand total of all the changes is $82,657,700; 21 million of that is from the Tax Collector's budget coming in, and the rest of it is basically in the capital projects. CHAIRMAN HENNING: Questions? COMMISSIONER FIALA: Yes, I have a few. CHAIRMAN HENNING: Please. COMMISSIONER FIALA: Thank you. One of them back at the Haldeman Creek dredging. How long is this increase in effect? Page 11 ".-...---- "-_.- September 4, 2008 MR. YONKOSKY: It would be in effect for one year. It may be changed the following year, Commissioner Fiala. I do not know how long they're going to need it for the project that they're asking for-- the dredging project that they're asking for, and I do not remember the total dollar amount of that project. They'll fund it as they go. COMMISSIONER FIALA: They already dredged though, so this is a new dredging project, right? MR. ISACKSON: Commissioners, for the record, Mark Isackson with the budget office. The Haldeman Creek MSTU is stockpiling monies for a future dredging project. COMMISSIONER FIALA: Right, right. MR. ISACKSON: And that half mill they've asked -- because there was a reduction in their taxable value last year due to an error by the Property Appraiser's Office, they asked for an increase in their levy. And as a result of that, they're hoping to raise -- with that half mill, they're hoping to raise money over the course of the next 10 or 15 years, however amount of time will be required prior to the next dredging effort. So, you know, they can reevaluate that rate every year -- that would be their prerogative -- and then make a recommendation to the Board of County Commissioners each year. But I suspect that you'll see something along the lines of a half mill over the course of the next few years. COMMISSIONER FIALA: Can you tell me on a hundred thousand dollar piece of property, what is the monetary change? MR. ISACKSON: I don't have that off the top of my head. I couldn't -- I don't know whether John might have that or not. MR. YONKOSKY: One mill on a hundred thousand dollars is a hundred dollars. COMMISSIONER FIALA: So $50 -- $50 on a hundred, so they should be raising money pretty quickly if they keep it at that. Page 12 -----.-.- --.,-- September 4, 2008 Actually -- okay. The next thing is on gas tax. The state recommended that we reduce our full tax estimates by 4 percent. Why? MR. YONKOSKY: The state, when they originally forecast, they forecast several -- actually 18 months ago they asked us, or they made adjustments to their forecast just like we have. We came to you in June and asked you to amend the budget down, and this is one of these instances. Their current forecast, which we received last month, is suggesting that we be realistic and reduce our estimated income or gas tax receipts by 4 percent, because they had overestimated by 4 percent. COMMISSIONER FIALA: Okay. There you go. They had overestimated, okay. And the second -- or third question, and I believe it's the last one, is, I was wondering what was happening with the exhibit displays at the Naples Depot. MR. YONKOSKY: And I'm going to have to refer that to Ms. Usher. MS. USHER: Hi, I'm Susan Usher. Part of their budget was budgeted in their operating fund and part of their budget was budgeted inside their capital fund, and all we're trying to do is just move 200- -- or 300,000 over from their operating fund into their capital fund so when they open up purchase orders and start making purchases, they just take -- make those purchases out of one place instead of two. COMMISSIONER FIALA: Oh, okay, fine. They're still going to have the display cases, it's just -- this is just a bookkeeping thing? MS. USHER: Bookkeeping thing. COMMISSIONER FIALA: Okay, thank you. MR. MUDD: Yes, ma'am. And they're -- and this is about the third year of about six where we've given them extra money so that Page 13 -.----- ~- September 4, 2008 they -- remember, they had about a $3 million backlog between Robert's Ranch and the Depot and the regular museum, and we've been steadily getting things fixed up and the displays done so that that backlog is gone, so we're moving forward on this. COMMISSIONER FIALA: That's wonderful. That's one of those wonderful things that our whole community can benefit by. Thank you. CHAIRMAN HENNING: Other questions? Commissioner Coletta? COMMISSIONER COLETTA: Thank you. Mr. Mudd, does this budget in any way hamper our ability to provide for the safety and welfare to the citizens of Collier County? MR. MUDD: No. I think you basically -- the sheriff came forward with a budget, and you gave the sheriff more than he asked for to the tune of about a million dollars. You made special allocations to the emergency services fund and their particular operation not only for this year, '08, you also did it for '09, and that was to the tune of about $4.5 million. I may be off by about a couple hundred thousand. But -- and you laid those things -- and you remember the day where you had all the paramedics with their different colored shirts? I think they were yellow that day. And they were -- the union was basically asking for those particular dollars so that no one would have to be laid off. And the board basically did that. That is still in the budget. They're there. So in those particular regards, you have those down. Your emergency management section is funded. So from the health, safety, welfare side of the house, we're okay. You did do some cuts to transportation, and when we get back to the turnback and the dollars that are there, we'll readdress with the board those $7 million worth of cuts that you made at the end of June. COMMISSIONER COLETTA: And the other question, in may, Page 14 -"--- September 4, 2008 has to do with the MSTUs. The Sabal Palm MSTU, the amount there has been consistent from one year to the other. I thought we had a big buy-in from the Picayune Forest to be able to cover some of the costs of the MSTU, or am I misunderstanding that? Possibly Mr. Feder might be able to enlighten us. MR. MUDD: Yeah. I don't know anything about the particulars on an agreement with the Picayune Forest. But Norm? MR. FEDER: For the record, Norman Feder, Transportation Administrator. Commissioner, my understanding is the level of millage in that MSTU has been for general maintenance, minor level of maintenance throughout the years. There has been a lot of discussions with Picayune. I've been in some of those with you and with residents in the area and Picayune. I haven't seen where they've come through. They've made some changes in the area, but not a lot. This continues the -- what I will call the maintenance level of work on Sabal Bay (sic) that's been established. COMMISSIONER COLETTA: Sabal Palm. MR. FEDER: Sabal Palm, excuse me, yes. COMMISSIONER COLETTA: Yes. But Mr. Feder, the use of that road, is a lot of the people that are using that road connected with the Picayune Forest, or is this still mainly just a residential road? MR. FEDER: I can't speak with authority on that, but my understanding what I've seen out there -- we recently went out on some other issues -- you have a couple of nursery operations over towards 951, some residents off of a couple roads in that area, and then some more residents further out, a little lower density further out. I don't know that I can tell you with any authority what level of involvement those road use is just done by Picayune. COMMISSIONER COLETTA: But the -- this MSTU, before you came up with the amount that needed to be put in place for this Page 15 ---.-- September 4, 2008 and also Rock Road, you had a meeting with the residents out there? MR. FEDER: Yes, in every case. COMMISSIONER COLETTA: And you arrived at an agreeable amount? MR. FEDER: That's correct. In every case, where there is not a board, we meet with the residents out, in the case like for Rock Road, and get an agreement as to the level based on what they can reasonable get from their assessed values. COMMISSIONER COLETTA: Thank you, Mr. Feder. MR. FEDER: Thank you. MR. MUDD: Commissioner, on your chart in front, you'll see Sabal Bay MSTU (sic), and it's 151. COMMISSIONER COLETTA: Sabal Palm. MR. MUDD: It sits right -- I'm sorry. Did I say Sabal Bay again? Norman's got me going on this one. COMMISSIONER COLETTA: It's contagious. MR. MUDD: Your prior year was $45,767, and your proposed tax dollars this year are 45,625, so that's about 100- -- $130,000 less than it was last year, and Rock Road is a little bit more. That's 165-. Prior year -- this year they had $35,458, and next year they're looking for 35,844. So that's gone up about $400. COMMISSIONER COLETTA: Thank you, sir. CHAIRMAN HENNING: I have a question. The changes that we're talking about, are they from the tentative budget or the workshop that we had in June? MR. YONKOSKY: The changes -- you had the workshop in June. You adopted the tentative millage rates and the tentative budget on July 22nd. The changes from -- and at that -- we had included changes at the July 22nd meeting, some of the changes that had been made, but all these changes were made by board action, grants, or some miscellaneous changes. But the majority of them by board action except for things like the Tax Collector's budget. That came in. Page 16 ,-~,""'. "'-~- September 4, 2008 That happens every year. There are no significant changes on here that haven't been through a board action. MR. MUDD: John, this list that you read on 1 bravo, those changes have been since the 22nd of July at that board meeting; is that correct? MR. YONKOSKY: That's correct. CHAIRMAN HENNING: And he explained that very well. There was really no discussion on the tentative millage rate. It was always my understanding what we do in July is set the millage rate, and -- but we actually approved some changes to the -- to the budget per discussion, per guidance that we did in June. MR. YONKOSKY: Yes, sir. But none of those affected what you did on setting the millage rates. The millage rates have been changed. They're exactly what you adopted. CHAIRMAN HENNING: Right. The shifting of the monies and the allocations of monies changed. MR. YONKOSKY: That's correct, sir. CHAIRMAN HENNING: Right. And one thing -- I guess what we did there is we have some more employees for the East Naples -- East Naples library, correct? MR. YONKOSKY: You funded the -- MR. MUDD: Are you -- when you say East Naples, are you talking about South Regional Library, sir? CHAIRMAN HENNING: Yes. MR. MUDD: South Regional Library, what the board did during the workshop, and it's in the budget now, is you basically set aside reoccurring dollars of $941,100. And what that basically did was fund the employees for the South Regional Library for seven months. That's -- it opens up later in the year, so it will be open for seven months, and that part of the 400 -- or the $941,000 was 500 -- put it up here just so we can see it. A little wider. And I'm on that item right Page 17 --_._,-- - ..--- September 4, 2008 there. Increase expenditure for the South Regional Library annual operating cost. Total was $941,100, and that's broken down as $555,400 for seven months for the new employees that will be put into that library, and the remainder would be used for -- $385,700 for books. Now, the total bill for the books to build the shelves up is some $750,000, and we'll address the remainder, which is $355,000, at the turnback time. But that's in there, sir, in the budget, based on the workshop and what the board decided. CHAIRMAN HENNING: Can we get a copy of this? MR. MUDD: Oh, yes, sir. CHAIRMAN HENNING: So that's -- those things happened in between the June workshop and the tentative budget? MR. MUDD: It happened between the workshop in June and what you had on the 22nd of July, yes, sir. CHAIRMAN HENNING: Right. Just a summary. MR. MUDD: Yes, sir. CHAIRMAN HENNING: Okay. Yeah, I think that would be worthy information to have. Commissioner Halas, do you have any questions before we go to public speakers? COMMISSIONER HALAS: No, I don't, not at this time. CHAIRMAN HENNING: Any further questions? COMMISSIONER FIALA: I have one more, yeah. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: What is the disposition on our interest? MR. MUDD: Ma'am, we're going to talking about that on Tuesday, okay, during your board meeting. You have an agenda item that we'll discuss that particular issue. COMMISSIONER FIALA: So that isn't figured into this budget at all? Page 18 -----"-- - September 4, 2008 MR. MUDD: No, sir -- no, ma'am. What's in this budget is what John and I and whatever the clerk told us that he would return as an estimate of the budget would be. That's what we have in the particular -- in the particular. COMMISSIONER FIALA: Okay. MR. MUDD: What you'll deal with -- turnback will be the difference in the '08 projection by the constitutional officers and what they finally had that they're turning back to you. So if the interest turned out to be more than what their estimate was, John Yonkowsky and the clerk -- and I think we had it at $17,200,000 was our estimate, and the clerk was estimating it would be like 15,800,000. So we brought it up a little bit more than what that estimate was, and we believe there'll be additional dollars above that. COMMISSIONER FIALA: Okay. Thank you very much. Item #lC PUBLIC COMMENTS AND QUESTIONS CHAIRMAN HENNING: Sue, would you call up the public speakers, please. MS. FILSON: Yes, Mr. Chairman. We have two public speakers. Marlene Sherman. She'll be followed by Dana McGregor. CHAIRMAN HENNING: Right there. MS. SHERMAN: Right here? Good afternoon. My name is Marlene Sherman, and I live at 422 Countryside Drive and reside in the Countryside Golf and Country Club, which lies between Radio and Davis Road and alongside of Santa Barbara. Okay. I'm here to request your consideration for county funding in the amount of 222,500 when the turnback funds are reallocated. These funds would be for median improvement on Davis Boulevard between County Barn Road eastward to the entrance lanes between Page 19 --,-_.- --,' ---,--- September 4, 2008 Countryside Drive and Falling Water. The 222,500 is a ballpark cost estimate provided by the Collier County's department of alternative transportation modes. This amount includes design costs, curbing, irrigation, construction costs, which include connection to non-potable water, in which we have a connection at Countryside, Floratam sod, permitting, and 15,000 is their estimate for annual maintenance on that area. I am not asking for consideration of funding for trees, shrubbery, or streetlighting. The intent of my request is to bring together Davis Boulevard as a complete unit from Santa Barbara to Airport-Pulling. Presently the Santa Barbara widening project includes Davis Boulevard improvements west to the entrance lanes to Countryside and Falling Water. The Santa Barbara project improvements on Davis will be streetlighting -- we'll have it on both sides, which is wonderful -- curbing, non-potable water irrigation, and grass in the median from Santa Barbara westward to the entrance lanes between Countryside and Falling Water. What I am requesting is for some improvements from the end of the Santa Barbara project west to County Barn Road, with the exception of -- we're not requesting streetlights. The county's ballpark figure estimate for this median improvement was 222,500. The county policy has been that the median improvements generally are coordinated with road widening projects. Davis Boulevard, which is also a state road, was widened in the late 1990s from two lanes to four lanes and a divided road from Airport-Pulling to Santa Barbara; however, the landscaping project was only completed eastward to County Barn, leaving the small portion of Davis Boulevard between County Barn and Santa Barbara without streetlights, curbing, water irrigation, trees, or shrubbery. The county has no landscaping plan for the subject section of this roadway until 2030 when Davis will be -- Davis Boulevard will be Page 20 " ----........- ~"-_.. September 4, 2008 considered for widening to six lanes. Please consider my request in the amount of 222,500 for median improvement on the Davis Boulevard section of roadway that the county neglected to complete in the 1990s when the road was widened to four lanes. Are there any questions? CHAIRMAN HENNING: Questions? COMMISSIONER FIALA: I have a quick question for Norm. CHAIRMAN HENNING: Thank you. Thank you. MS. SHERMAN: Okay. MR. FEDER: Yes, Commissioner. COMMISSIONER FIALA: Yes. Can you tell me if that is in your plan to finish that? You're not going to just leave an empty strip there, are you? MR. FEDER: First of all, I need to put a little bit of background on this. As you know, all of our capital program in landscaping within the current budget has been removed. Policy was correctly noted as once we get to the ultimate lane configuration, then to come back after the construction and then landscape. And we've had to pull back on that last year some and then, of course, this year we don't have that in the program at this time. The section that you're identifying -- that was identified on Davis, the first section of landscaping that was done from Airport only to the first section up to County Barn was done under the old Naplescape well before this board established the landscaping policy following on ultimate construction lanes. So the answer is, the way we were structured, we would not be doing that section. COMMISSIONER FIALA: So-- MR. FEDER: And now, with the way we are budgeted, I can't give any time frame when we'd be coming back on major landscaping. Page 21 '--.. - September 4, 2008 Now, ifthe question, if we've got a small section in there and the other section of Santa Barbara and Davis got landscaped, we'd come back to the board and try to find some way if it was appropriate to try and make the two blend together, but we would have to come back to the board with that direction because it's not part of the landscaping policy which, of course, right now is not funded. COMMISSIONER HALAS: The-- CHAIRMAN HENNING: Are you -- COMMISSIONER HALAS: Go ahead. MR. FEDER: Have I answered that question for you, Commissioner? COMMISSIONER HALAS: The problem is that there's a number of roadways in Collier County that were built with four lanes and they never got landscaped, okay. Now, I've had some constituents contact me in regards to this. What they can do, until at such time as the road is widened to six lanes, is they can establish an MSTU to take care of that particular issue until at such time as the road is widened to six lanes. COMMISSIONER FIALA: I understand that, but what she's saying -- what he's saying is, they were going to landscape that, they're just going to leave that piece empty. That's what the plan was. So now he's saying, well, they're going to come back to us and ask us if they can finish that whole section. MR. FEDER: Commissioner, let me make sure that I'm clear on it. As Commissioner Halas pointed out, you've got sections of roadway that we are not widening, and even though they may be four lanes today and it may be some period of time before they go to six lanes, if ever, since that four lane was done before the policy was established and there was no construction project. Examples -- I'm just throwing a couple that probably Commissioner Halas notes that we hear all the time, at Vanderbilt Beach Road from Airport over to 41, Airport Road from where we Page 22 -,~._--" '-'"-'- September 4, 2008 finished the six-laning at Vanderbilt Beach Road up to Immokalee Road, as examples. Those we have not landscaped, and wherever you end the construction is where there would be supposedly that gap. I assure you, our median is not just left as wild turf is what I'm saying to you, but it is not part of a landscaping project. They weren't asking for trees or shrubbery. We would try to make sure that it was not a situation where it looked like a sandbox in between two landscaping jobs if and when the other landscaping job goes. If the landscaping projects don't go, we still, where we have a median, whether I have a curb or not, provide for about Bahaya or other sod, and typically Bahaya. They're asking for the Floratam and other issues that we probably wouldn't do in a median if it's not part of a landscaping project. COMMISSIONER FIALA: Then why wasn't the streetlighting added? MR. FEDER: Because -- because the streetlighting that she's identified is in a small section at the intersection as part of Santa Barbara project. Weare not adding streetlighting on Davis outside of that except for the later Davis projects that would come up. So they said they didn't want that streetlighting in that section, which would be further to the west. COMMISSIONER FIALA: Who said that? MR. FEDER: The lady that presented here. I think-- COMMISSIONER FIALA: No. I was just wondering why we didn't do it in the first place because this is not the first -- MR. FEDER: Commissioner, we're not constructing that section, so we're not adding lanes, we're not adding streetlighting or any other features at this time. CHAIRMAN HENNING: Go ahead, Commissioner Halas, and then I want to say something. COMMISSIONER HALAS: Yeah. I believe there's some areas where there's an MSTU established. Can you enlighten us in regards Page 23 ---_._- -.~,..~-- September 4, 2008 to roadways that already have an MSTU established that are four lanes? Maybe that will help. MR. FEDER: You saw that in your budget issues before. You've got quite a few of them throughout the county, obviously. You've got it in Lely, but you have it along Radio Road; you've got Golden Gate City; you've got Immokalee; you've got Bayshore MSTU; you've got others around the county. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: Well, maybe this is not a question, just a statement. There are several gaps in Collier County with landscaping. Airport Road is one. You got the whole segment of Airport Road done, but once you get to Vanderbilt Beach Road to Immokalee Road, it's only two lanes. COMMISSIONER HALAS: Four lanes. CHAIRMAN HENNING: Yeah, I'm sorry, four lanes. COMMISSIONER HALAS: And it's not landscaped. CHAIRMAN HENNING: There's no landscaping, but now we're landscaping Immokalee Road in between U.S. 41 and I-75. So you have that perception of a gap, and people can't understand why we're leaving those there. COMMISSIONER HALAS: Yep. CHAIRMAN HENNING: Vanderbilt Beach Road is another issue. There's a segment that is four lanes. Don't see when it's scheduled to be six lanes. Those are the type of issues, and I think that we need to address them. COMMISSIONER FIALA: I think you're right. CHAIRMAN HENNING: I think we need to address them by plugging them in somewhere into the landscaping projects. And it might not be a few years out, but at least they're on some type of schedule. COMMISSIONER HALAS: Well, I think what -- I've had a number of constituents contact me on both these particular areas, and I Page 24 .----..- _. September 4, 2008 made it very clear to them that they may have to set up a landscaping MSTU and that they need to contact their neighbors along that roadway, and I don't think it would be that difficult to set up an MSTU nor that expensive for them in the long run. CHAIRMAN HENNING: Right. COMMISSIONER HALAS: In fact, we have a landscape MSTU up in the Vanderbilt Beach area which is to take care of Gulf Shore Drive and Vanderbilt Beach Road and Bluebill and Vanderbilt Drive and all the way up to the bridge, so -- CHAIRMAN HENNING: Yeah, those are -- those are collector roads. I think we're pretty much talking about arterial roads. COMMISSIONER HALAS: Arterial. MR. FEDER: We have them on collector and arterials, but-- CHAIRMAN HENNING: You have MSTUs on arterial roadways? MR. FEDER: Yeah. You have sections of951 with landscape by Golden Gate City MSTU. CHAIRMAN HENNING: Yeah, but they're not maintained. MR. FEDER: Radio Road, the Radio Road MSTU, 29 on a state road by the Immokalee MSTD. CHAIRMAN HENNING: The -- but the problem is, how do you -- how do you do one area out of general funds and then tell somebody else you tax them? MR. FEDER: Most of it's coming-- CHAIRMAN HENNING: How do you tell -- how do you tell Pelican Marsh that you have to tax yourself but yet Stonebridge, which is on the corner there -- and that's probably not the best example, or Audubon -- no, what is that Collier -- COMMISSIONER HALAS: Stonebridge. Stonebridge is -- once they've completed the six-laning ofImmokalee Road, that -- then they're in line for landscaping. Now, Stonebridge has also asked me about -- they wanted to have landscaping down on Airport going Page 25 ---....-..-,. -....- September 4, 2008 south, and I told them the same story I just related to everyone here, that -- CHAIRMAN HENNING: Well-- COMMISSIONER HALAS: -- we can't -- we can't justify that because we just don't have enough money in the budget to landscape every road in Collier County, and so we're only doing it on roads that are widened to the fullest length, which is six lanes. And I believe we've already cut back on landscaping on those segments too, so -- CHAIRMAN HENNING: Commissioner, I appreciate what you said, and to the con -- and to your constituents. I just don't think it's an equity fairness issue, so we differ on that. MR. FEDER: Commissioner? CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: And I agree. Yes. And one of the roads you mentioned was between Vanderbilt and Immokalee Road? CHAIRMAN HENNING: Airport Road. COMMISSIONER FIALA: Yes. Isn't there another one on Goodlette where there aren't even any homes there, so there's nobody to MSTU anyway, and -- but you would want to have -- and that's going to happen in some cases. I think that in order to be equitable, we should put a plan together. And weren't we going to do a countywide MSTU to do all of this at one point in time? COMMISSIONER HALAS: We do have a countywide MSTD. COMMISSIONER FIALA: Then it's there, so then what are we talking about? COMMISSIONER HALAS: The funding is not there. We've just rolled back the taxes, and now we're talking about trying to spend more money, and we don't have a way of manufacturing that. COMMISSIONER FIALA: Ifwe have a countywide MSTU in place to do the landscaping, then what are we talking about? MR. MUDD: No, ma'am. You don't have a countywide MSTU Page 26 ,-- September 4, 2008 to do landscaping. You have a countywide unincorporated MSTU, your fund 111, and that, I believe, is where everybody's involved in this. If people were going to do an MSTU either to do maintenance of landscaping, i.e., the folks that are along Golden Gate Parkway and Golden Gate City -- I live on the Radio Road MSTU, and they just put trees and everything else and got that done on the back side of Countryside and it really looks nice. And so those are separate and distinct, and that's where we get into the piece. If the board wants to put landscaping in the 111 account, the unincorporated Collier County fund, the board can so direct that to happen. But right now there are no dollars in that fund right now based on the millage rate in order to do that. MR. FEDER: There are no dollars for the capital based on the current budget, but the prior budget did utilize 111 funds and totally utilized 111 funds for the maintenance, which is about 5 million in your budget. I'm fine if the board -- what I'm sensing from the board is the desire for us to bring back the landscaping master plan and the policy that we're following, be more than happy to do that, but I must note that right now, as we stand here, at least at this point in the budget the direction from the board when we presented the budget was a reduction in the landscaping capital program to the point of removing any new projects for capital. So I want to make sure that I'm clear on that. But having said that, we'd be happy to go at the pleasure of the board. CHAIRMAN HENNING: Okay. Why don't we deal with this another day at the adoption of the public hearing. If you just put it in the agenda. MR. MUDD: Sure, sir. I'll get it on the UFR list. You can tell us what to do. CHAIRMAN HENNING: Yeah, just a discussion. I think, Page 27 - September 4, 2008 Norm, maybe we can give some direction at that time. MR. MUDD: Okay. MS. FILSON: I have two additional speakers. CHAIRMAN HENNING: Okay. MS. FILSON: Dana McGregor. She'll be followed by Stacy Daley. MS. McGREGOR: Hi. Thank you for hearing me today. My name's Dana McGregor. I live out in Golden Gate Estates. Thank you. One of my concerns is -- sorry. It's my first time doing it. My daughter -- I live out in Golden Gate, and we have berry pickers out there. Child safety is one of my biggest concerns out there, and we've dealt with it for eight years. Collier County Sheriffs Department knows me very well. There's nothing they can do because they said there is no Collier County ordinance to keep berry pickers off our land. The problem is is we live out in the Estates out there, and it's on acreage, so semis come out and dump illegal immigrants off on our property. Whether this is news to you guys or not, it happens out in Golden Gate Estates often. And last week my daughter went outside to let her dog go potty, and she heard a rustle in the thing, in the woods, and she screamed. I live on five acres. In between that five acres my house sits back, and there were berry pickers out my bathroom window. I have no trespassing signs. This goes on for years and years. They go out there and they pull the trespassing signs down, okay. Bus stop. Truckloads of illegal immigrants. To me, that spells disaster for a child disappearing. What do we do? Just a public concern, and it's a big concern of mine because it was my child. Sir? COMMISSIONER HALAS: Can I ask you what kind of berries Page 28 _.~,-- September 4, 2008 they're picking? MS. McGREGOR: Saw palmetto berries. And my question at first years ago was, are they not stealing off our land? I didn't have to worry about my child because I didn't let her play outside by herself then. But they're saw palmetto berries which, number one, they're selling to someone else, so they're trespassing on our land, stealing vegetation, which is not my concern, and now scaring my child. My child can't even play in her own front yard. CHAIRMAN HENNING: Commissioner Halas -- or Commissioner Coletta wanted -- COMMISSIONER COLETTA: I'm very familiar with the subject. This has been something that's been ongoing for many, many years. At one point we thought we had it under control. Yes, we do have ordinances within the county, and there's state statutes that have to deal with trespassing. Our County Attorney will explain it to you. CHAIRMAN HENNING: I thought we -- the board in the '90s addressed this issue. COMMISSIONER COLETTA: We addressed it again in 2000, 2002, 2004. It's been continuous. They keep coming back because there's a value to it. Most people are, it's -- most of it's wildlands they're on where the people aren't inhabiting, but they do go into people's back yards and they end up in people's back yards and they upset them very much, like this lady here's been upset by it. CHAIRMAN HENNING: So you're saying we don't have ordinances? COMMISSIONER COLETTA: No, we do. We have -- there's trespassing ordinances that exist. This is what I heard before. CHAIRMAN HENNING: How about a berry picking ordinance? MS. McGREGOR: That -- I'm sorry. That was my point is it's Page 29 --- September 4, 2008 not -- because they told me they can have somebody trespassed after they do it more than twice. So you drop off 200 people in somebody's street or even lOin somebody's street, and only one comes out of the woods. May I continue? CHAIRMAN HENNING: We need to try to get some assemblance here to give some -- probably some direction. This has nothing to do with the budget hearing, but I hear your frustration. MS. McGREGOR: And I've gone to many different people to get this. And I called today and this is the only way that I could finally get it heard. Big concern. CHAIRMAN HENNING: Right. Could we task the County Attorney's Office to take a look at this? MR. KLATZKOW: I'll take a look at this. It sounds more like an enforcement issue to me, but I'll be happy to get with the Sheriffs Office and we'll track this down, and I'll give you my card. CHAIRMAN HENNING: Would you give your name and telephone number with -- MS. McGREGOR: Most definitely. CHAIRMAN HENNING: -- Commissioner Coletta's office tomorrow? And get -- COMMISSIONER COLETTA: Yeah. In the future -- CHAIRMAN HENNING: -- back with you. COMMISSIONER COLETTA: You did not contact me, and if you did -- MS. McGREGOR: In the past. COMMISSIONER COLETTA: -- I would have got back to you. I'm very good at responding. I don't want you calling anybody in the county when you've got a problem except my office. I'll take personal charge of it making sure that it goes from one end to the other, and if necessary, I'd bring you back before this commission under public petition. But I don't think it's necessary. Page 30 ,..---<..-., - September 4, 2008 But we will start it going forward now and finding out -- I know there's laws in place because we've been there before. If they need something that specifically mentions berry pickers, pickers by illegal immigrants, I'm sure we can add that into our ordinances. COMMISSIONER HALAS: Commissioner Coletta, isn't there a state law that says people cannot come on anyone's property to pick oranges or any type of -- COMMISSIONER COLETTA: That's trespassing, right. You can't hunt on people's property, you can't fish on people's property, you can't trespass on it unless you've got written permission. COMMISSIONER HALAS: So I don't understand why this lady can't get resolution to this problem. COMMISSIONER COLETTA: Well, we're going to look into it. We might have to move it up a notch or two to be able to see what we can get the Sheriffs Department to respond to, but there's laws in place already. And if we need to, we'll come up with something a little more directive. CHAIRMAN HENNING: Okay. MS. FILSON: Okay. Your next speaker is Stacy Daley. MR. DALEY: Hello. My name is Stacy Daley. I'm --live out off of 10th Southeast, out in Golden Gate Estates. I was just wondering if they're doing anything along the lines of -- I live right down the street from Palmetto Ridge Elementary, and my sister's daughter goes to Sabal Palm. And I was just wondering if they're planning any kind of pathways along Everglades, if there's money budgeted, because I saw some children today that were basically riding their bikes right along Everglades with semis and dump trucks, and just wondering if that was in the future or if it had even been mentioned or -- COMMISSIONER COLETTA: It's been mentioned many times. Mr. Feder will give you some explanation. MR. DALEY: Asphalt pathways, even clearings. Page 3 1 _.._-~...,,_...- .-"- September 4, 2008 MR. FEDER: I'm waiting for someone to come up on one I can yes. On Everglades we don't have anything specifically in the way of a pathway or sidewalk out there right now. We do have a pathways program. We do have a pathways advisory committee, and I'll get your number and address to them. And they set priorities for the funds that we do have available. MR. DALEY: Yeah, because it's -- MR. FEDER: We also are working with the school board and trying to work with the developed schools for them to assist us in providing those pathways which are, in many respects, an issue or need based on the location of the school. COMMISSIONER COLETTA: There's been cases -- excuse me. May I? CHAIRMAN HENNING: Yeah, please. COMMISSIONER COLETTA: There's been cases in the distant past, I'm going back about five years ago where the -- I think it was special grants the school system might have come up with where they put in asphalt pathways along like -- I'm trying to remember, Weber, possibly it was. It was a couple places where they did put them in. Now, I know you can't do it on the smaller streets, the interconnecting streets because of the lack of right-of-way. We tried that before. That doesn't work. But the main thoroughfares, there should be some long-range program in place. Everglades Boulevard, right at this point in time, is only partially inhabited, but there should be some long-range plan to be able to start thinking about it. MR. FEDER: And we do. We have a pathways plan. We have a pathways advisory committee that helps in working through the MPO which, of course, this board is members of, set priorities for the available funding, and that's really the key issue again, and that's why we've been also trying to work with the school board around the Page 32 .~_.^. September 4, 2008 schools on some of that issue of funding. But as I said, let me get the number, let me get you into that system, but I don't want to mislead you either. There's nothing currently scheduled, and -- but be happy to get you into the system and see what we can do to respond to you. MR. DALEY: I'm hoping in the future -- because Palmetto just opened up this year and Sabal Palm's been open two or three years, and I know there's still a lot of homes out there, even though it's rural area and acreage. I mean, I know from Wilson Boulevard to 951/Collier Boulevard they have a paved concrete path, but it stops right at Wilson. And past there, there's nothing, so -- MR. FEDER: Then, again, I'll get you involved into our system process, and you might also want to address the school board as well. MR. DALEY: Thank you. CHAIRMAN HENNING: Okay. Mr. Feder, I have one more -- I have a question. MR. FEDER: Yes, sir. CHAIRMAN HENNING: Did you have a nice vacation? MR. FEDER: Yes, I did, thank you. See, that was a yes, yes. CHAIRMAN HENNING: Any other speakers? COMMISSIONER FIALA: Good one. MS. FILSON: That's your final speaker, Mr. Chairman. CHAIRMAN HENNING: Okay. Now we get to do the laborious - Item #lD RESOLUTION 2008-237: RESOLUTION TO ADOPT THE TENTATIVE MILLAGE RATES - ADOPTED MR. YONKOSKY: Mr. Chairman, Commissioners, the next item on your agenda is a resolution to adopt the tentative millage rates. Page 33 -..-..... September 4, 2008 If you go to the tab that says millage resolution, the resolution is in there. And before you adopt the resolution, I'm required to read the aggregate millage rates into the record. And the aggregate millage rate for the -- aggregate rolled back millage rate is 4.1821 mills. The aggregate proposed millage rate is 3.8997. CHAIRMAN HENNING: Was that it? MR. YONKOSKY: Yes, sir. CHAIRMAN HENNING: Entertain a motion to adopt the tentative millage rate -- COMMISSIONER COLETTA: So moved. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: -- for '08/'09 -- fiscal year '08/'09. MR. YONKOSKY: Yes, sir. CHAIRMAN HENNING: Motion by Commissioner Coletta, second by Commissioner Halas. Did I get that right? MS. FILSON: Yes, sir. CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Carries unanimously. Item #lE RESOLUTION 2008-238: RESOLUTION TO ADOPT THE AMENDED TENTATIVE BUDGET - ADOPTED WICHANGES Page 34 _.~-_.".... ....~---- September 4, 2008 MR. YONKOSKY: Commissioners, the next item on your agenda is a resolution to adopt the amended tentative budget. That would be under your next tab. And the motion must include the changes that we discussed under section 1 C. MR. MUDD: 1B. MR. YONKOSKY: Oh, 1B, yes. I'm sorry, 1B, excuse me. CHAIRMAN HENNING: Entertain a motion to approve a resolution to adopt the amended budget -- tentative budget for fiscal year 2008/2009 including what the changes were that were read on tab -- MR. MUDD: 1B, sir. CHAIRMAN HENNING: -- 1B. COMMISSIONER FIALA: So moved. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: Discussion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #IF ANNOUNCEMENT OF TENT A TIVE MILLAGE RATES AND PERCENTAGE CHANGES IN PROPERTY TAX RATES - DISCUSSED Page 35 ,.~...- September 4, 2008 MR. YONKOSKY: The next item on your agenda is IF, and that is the announcement of the tentative millage rates and the percentage changes in property tax rates. This does not require a motion. I just need to read into the record the tentative millage rates for the general fund and the aggregate rates and the percentage of change from the rolled back rate, and I will do that now. CHAIRMAN HENNING: That will take about 10 minutes or so? MR. YONKOSKY: No, sir. It won't take much at all. MR. MUDD: He's going to do the abbreviated one. MR. YONKOSKY: The general fund rolled back millage rate is 3.3849 mills. The proposed millage rate is 3.1469 mills. The percentage change is minus 7.03 percent. On the aggregate millage rates, the rolled back aggregate millage rate is 4.1821 mills. The proposed aggregate millage rate is 3.8997. The percentage decrease is 6.75 percent. Item #1 G ANNOUNCEMENT OF FINAL PUBLIC BUDGET HEARING - WILL BE HELD SEPTEMBER 18,2008 @ 5:05 P.M. The next item is, announcement of the final public hearing is as follows: The final public hearing of the fiscal year 2008/2009 Collier County budget will be held Thursday, September 18,2008, 5:05 p.m. at the Collier County Government Center, W. Harmon Turner building F, third floor boardroom, Naples, Florida. And that's all that I have, Commissioners. CHAIRMAN HENNING: Okay. County Manager -- County Attorney has something. MR. KLA TZKOW: Yes. We have a settlement proposal that I need to bring to your attention. I'd like to do that in private. That Page 36 .._'~ _,,~''''_<.__~"~_.~. .."_ _..__h' _ _,., ._""~ September 4, 2008 requires me to announce a shade meeting to the general public so that, therefore, giving the public notice that I will be asking advice from the Board of County Commissioners in a closed attorney-client session on Tuesday, September 9, 2008, at a time certain 12 o'clock noon in the commission conference room, third floor, West Harmon Turner Building, Collier County Government Center located at 3301 East Tamiami Trail, Naples, Florida. In addition to the board members, County Manager James Mudd, myself, Litigation Section Chief Jacqueline Hubbard-Williams (sic) will be in attendance. The board, in executive session, will discuss settlement negotiations and strategy related to litigation expenditures in pending litigation case of Bonita Media Enterprises, LLC, versus Collier County. That is case number 2:07-CV-411-FtM-29DNF which is now pending in the U.S. Middle District Court of Florida, Fort Myers division, as well as the related case, Bonita Media Enterprises, LLC, Brennan, Manna & Diamond, registered agent, versus Board of County Commissioners, Collier County, Florida, appeal case number 07-2035-CA, lower tribunal case CEB number 2007-35, which is now pending in administrative appeal division of the Circuit Court. CHAIRMAN HENNING: Okay. County Manager, do you have anything? MR. MUDD: Yes, sir. Just one other piece for the board. Hanna -- I'm talking about tropical storm/hurricane, is going in the other direction. You know, finally go where Dan Summers came from, okay, instead of coming where Dan Summers lives now. I'm really worried about Hurricane Ike. We don't know a lot about it, and I've seen a lot of different tracks. If it does come -- right now it's a hurricane category four, and it has sustained winds of about 145, going on 150 miles an hour. Looks like it's going to be a real beast. Ifit was to come to Collier County, that would happen on Page 37 .~- " -"---- September 4, 2008 Tuesday of next week. What I'm trying to -- and I'm just working on possibilities. I'm not predicting anything. I'm hoping it goes someplace else in the middle of the Atlantic. But we will probably -- if it looks like it's coming our way in any stretch of the imagination, we will probably have to have some kind of emergency meeting of the Board of County Commissioners on Sunday afternoon. And I'm just wondering if -- I just want to make you aware of that and that process. And we'll watch it and we'll continue to watch it. And if it looks like it's coming our way, then we'll give you heads-up as fast as we can. We'll be watching it tomorrow and on Saturday. But if it looks like it's coming our way, if it's going to hit us at two p.m. on Tuesday, we're going to have to really get moving Sunday evening, Monday in order to make that happen to be ready for it. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: So would there be anything in regards to maybe moving the meeting up to Saturday afternoon? MR. MUDD: Commissioner, if it looks like it's coming our way -- right now, based on what I've got right now, it's going at 17 miles an hour. I don't know if it's going to go -- its forward movement speed. I can't tell you if it's going to pick up or slow down. Right now I'm just telling you it looks like Sunday. If! can -- Saturday -- ifit looks like it's coming our way, we'll give as much advance notice as we can on this one. Category four is nothing to balk at. I mean, it's one degree higher than Wilma, and you saw what Wilma did to us. CHAIRMAN HENNING: Well, we hope that Ike takes a hike. MR. MUDD: Yes, sir. COMMISSIONER FIALA: You don't like Ike? COMMISSIONER HALAS: I don't like Ike. MR. MUDD: Absolutely. COMMISSIONER FIALA: Probably all be -- MS. FILSON: I was just wondering, two o'clock, is that-- Page 38 -~-- September 4, 2008 MR. MUDD: I'm not going to set a time right now. I said in the afternoon. It would be early afternoon; this way if anybody needed to go to church, they could. MS. FILSON: Okay. CHAIRMAN HENNING: Any further business? (No response.) CHAIRMAN HENNING: We just have one more item since this is a public hearing. I need a motion to adjourn. COMMISSIONER HALAS: Motion to approve the adjournment. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Motion by Commissioner Halas, second by Commissioner Fiala. All those in favor, signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: We're adjourned. ******* There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 6:13 p.m. Page 39 ._-~-~-_..- .-. -..---.--.,.....- _._--_._-~ September 4, 2008 BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTRO TOM HENNING, Chai n ATTEST: DW ~~..1'.E~i~R,9CK, CLt_ ..' /" " ~ .... ., -" .' ~. ' '~.' 1M1aft'\ Atttst.~ to c~ '1qnaturi- ~l., . These 7Pproved by the Board on ~ t[cf? , as presented or as corrected . TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY TERRI LEWIS. Page 40