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BCC Minutes 09/24/2009 B (Budget) September 24, 2009 TRANSCRIPT OF THE MEETING OF THE BC~ARD OF COUNTY COMMISSIONERS BUDGET HEARINGS Naples, Florida, September 24, 2009 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 SPECIAL SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Donna Fiala Fred Coyle Jim Coletta Frank Halas Tom Henning ALSO PRESENT: Jim Mudd, County Manager Leo Ochs, ])eputy County Manager Jeffrey A. F~latzkow, County Attorney Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AG:E.ND4 Thursday, September 24, 2009 . 5:05 p.m. NOTICE: ALL PERSONS WISHING TO SPEAK. ON ANY AGENDA. ITEM MUST REGISTER PRIOR TO SPEAKING. ANY PERSON WHO DECIDES TO APPEALA DECISION OF TIDS " BOARD "WILL NEED A RECORD OF THEPROCEEDlNGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE"PROCEEDINGS . . . . IS MADE,wmCH 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. PLEDGE OF ALLEGIANCE 2. ADVERTISE)) PUBLIC HEARlNG-' Collier County FY 2009-10 Budget. A. Discussion bf FY 2009-10 Millage Rates and Increases over the Rolled Back . Rates. B. Discussion of Further Amendments to the Tentative Budget. C. Public Connilellts 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 ~~_"".__"___~____ ------------Millage Rate. to be Levied. F. Adoption of. R1esolution Setting Millage Rates. Note: A separate motion is required for th(~ Dependent District millage rates and a separate Illotion 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. 3. ADJOURN . September 24, 2009 MR. MUI)D: Ladies and gentlemen, if you'd please take your seats. Madam Chair, Commissioners, you have a hot mike. CHAIRM.A.N FIALA: Thank you. The Board of County Commissioners' final budget public hearing is now called to order. And we have a special guest, Pam Mac'Kai. She was with all of us when we first started on the commission. COMMISSIONER COLETTA: She sure was. CHAIRMJ\.N FIALA: All of us meaning Tom, Jim and I, you know. COMMISSIONER COYLE: And we must mention that the millage rate was way higher when she was -- she was on the commission than it is now. CHAIRM)\.N FIALA: Thank you. Thank you, Commissioner. MS. MAC'KAI: You guys are doing a great job. CHAIRMj~N FIALA: I know. Okay. Item # 1 PLEDGE OF ALLEGIANCE COMMISSIONER HALAS: Pledge of Allegiance. CHAIRMA.N FIALA: Oh, thank you. And now, will you all please stand, place your hand over your hearts, and say the Pledge of Allegiance with me. (The Pledge of Allegiance was recited in unison.) CHAIRMAN FIALA: Good evening. And Mr. Mudd? MR. MUDI): Yes, ma'am. On the overhead and on the visualizers in front of everybody that they can see, I've placed the agenda for the advertised public hearing. This is the second mandatory public hearing for the 2010 budget and millage rates. Page 2 September 24,2009 The first thing we will do is a discussion of the FY2009 and '10 millage rates and go through the perfunctory mandatory readings that we must go through. This is the one I like because you always get somebody frolYL OMG that gets out of breath and gets a case of dry mouth as they get through all the millage rates, and then a discussion on the further amendments to the tentative budget, and then public comments and questions. And then there is -- there is three resolutions that the board will __ will have to have motions on, and we'll go after each one of those before the meeting ends. CHAIRM.A.N FIALA: Very good. And for anybody who would like to speak on a subject, please take a form out on -- in the hallway, and hand it over here to Sue Filson. Sue, do we have any speakers signed up so far? MS. FILS()N: I have two. CHAIRM1\N FIALA: Two speakers so far, okay. Thank you very much. Item #2A ADVERTISED PUBLIC HEARING - COLLIER COUNTY FY 2009-10 BUDGET - DISCUSSION OF FY 2009-10 MILLAGE RATE AND INCREASES OVER THE ROLLED BACK RATES MR. ISACJK.SON: Madam Chairman, Commissioners, members of the public, welcome to the final budget hearing on Collier County fiscal year 2010, a budget which begins October 1, 2009, and runs through September 30th of2010. Pursuant to Florida Statutes defining the annual truth and millage process, and advertisement for this hearing was published in the Naples Daily News on Monday, September 21,2009. This hearing date and time was also announced at the first public budget hearing on Page 3 September 24,2009 September 10th and was contained within resolution 2009.188, approving the tentative millage rates and tentative budget passed by the Board of County Commissioners on July 28, 2009. As the chairman mentioned, speaker slips are available in the hallway. You lTIUst register if you wish to address the Board of County Commissioners regarding the county budget. Item #2B DISCUSSION OF FURTHER AMENDMENTS TO THE TENTATIVE I~UDGET MR. ISACKSON: Item 2B on your agenda, Commissioners, is a discussion of the -- of the further amendments to the tentative budget. You'll see behind Tab 2B a number of varying resolutions as well as a summary of those proposed changes to the budget. I believe they were laid out in sufficient detail. And I'll just pause and ask if there are questions regarding those resolutions. CHAIRMJ\N FIALA: It appears there are none. COMMISSIONER HENNING: Yeah. Well, I mean -- CHAIRM}\N FIALA: Oh. COMMISSIONER HENNING: Are you talking about further changes? MR. ISAC:KSON: That's correct. COMMISSIONER HENNING: There's quite a few changes here. Would that be a fair statement? MR. ISACJK.SON: Well, we have -- we have changes that can really be summarized in terms of three different areas, as I might call them. In the general fund, changes were primarily revenue driven. There was an anticipated FYI0 beginning fund balance of 4.734 million. That was detailed on Page 7, Item 2B of your agenda, plus a Page 4 September 24,2009 reduction in the FYI0 interest income of $4.6 million, due to the interest po stings following the principals outlined within the county manager's reso.. -- or memorandum of September 1, 2009. That's in the general fund. And the second really significant item pertains to the issue of funding up the surety in connection with our bond covenants, an item that you're going to have on your agenda coming up on the 29th. We've put those in resolution format for you this evening to get those incorporated into the budget document. And a third are really general -- what I would call general and routine matters with our capital and utility project fund. So that would be my -- COMMISSIONER HENNING: I have some further questions, if you don't mind. CHAIRMi\N FIALA: Go ahead. COMMISSIONER HENNING: You had three employees participate in the VSIP, and that is -- early retirement, wouldn't that be a better -- MR. ISAC~KSON: Yes, sir. COMMISSIONER HENNING: But there's no net change to the budget. MR. ISACKSON: The VSIP savings for '10 were relatively minor in nature, and what we did was we -- the money that was saved we put into reserves in the various funds that we have associated with VSIP, those employees that are conducted either with the general fund or myriad of other funds that we have listed in the resolution form. COMMISSIONER HENNING: But there is change. Where can I find that change in the -- MR. ISACKSON: If you go to the-- COMMISSIONER HENNING: -- the map book? MR. ISAC:KSON: If you go to the detail page within the specific resolutions, you'll see there'll be some notations in the bottom Page 5 September 24, 2009 regarding the description of what the change was and how it affected the actual budget. COMMISSIONER HENNING: Okay. Like on Page 9? MR. ISA<=KSON: Uh-huh. That would be the impact fee administration fund. COMMISSIONER HENNING: Yes. MR. ISACKSON: You'll see that the -- in that particular case, it looked like the VSIP actually cost us a little bit of money in that particular fund probably because of the timing of it. COMMISSIONER HENNING: Let's hire them back. MR. ISAC~KSON: Well, your savings there, Commissioner, is going to be in the long run in the years two, three, and four as you go forward because you're not replacing the position. COMMISSIONER HENNING: Okay. The utility impact fee deferral fund? MR. ISAC:KSON: Do you have a page reference, sir? COMMISSIONER HENNING: No. There was some deferrals of water and se\,yer impact fees per board's direction earlier in the year. I thought we were going to try to not do any of those deferrals anymore. MR. ISACIKSON: If I'm following the question, sir, I believe __ there's an 002 fund or impact fee deferral fund for water and sewer, but we size that based on the amount of impact fees that we've actually collected. I think the original ordinance that was prepared had a $750,000 cap on those deferrals, and that's been substantially downsized -- COMMISSIONER HENNING: Okay. MR. ISACKSON: -- because of the downturn in revenues for impact fee defeITals. COMMISSIONER HENNING: Now, is there -- road impact fees, is there further reduction of the changes, or is this the same thing that was on our tentative budget at our last meeting on the budget? If Page 6 September 24, 2009 you go to Page 3 -- MR. ISA(~KSON: Go to -- sir, if you go -- yes. If you look at Page 3 you'll see that the 331, for example, 333, 334, 336, you'll see the respective -.- the respective increases, and that was really a reassessment of the revenue that was received in those particular funds for the end of the year, and we simply reappropriated some of the projects out of our gas tax fund into some of those impact fee funds to help us in the general fund a little bit. COMMISSIONER HENNING: Okay. Those are -- those are collected this year. The ones that we had on our previous budget was the anticipated revenues reduced for impact fees in the different impact fee. MR. ISACKSON: Remember, the changes that are associated with these resoJlutions, the basis is off your last meeting from the __ from September 10th, for the most part -- COMMISSIONER HENNING: Yes. MR. ISACKSON: -- unless there was not a change made to that, then it would be off of your July 28th meeting, which was the last time your tentative budget was approved. COMMISSIONER HENNING: It was September 10th meeting, September 10th that we had a reduction of road impact fees. MR. ISACKSON: If there was -- I'd have to go back and look, . SIr. COMMISSIONER HENNING: Well, there was. And you know, I spoke to the administrator for transportation. My comment to him was, you know, it's strange that, you know, we're reducing transportation itnpact fees, and we're not reducing any of the other impact fees. But when you do -- whether it be commercial or residential, you're still getting jail impact fees, you're still getting EMS impact fees. And maybe we have an answer. MS. USHER: I'm Susan Usher with the office of management and budget. Page 7 September 24, 2009 What I reduced was this year's, what we forecasted as impact fees. And when I went onto the accounting system, I noticed that the collection of those impact fees did not meet the forecast that we predicted back in March, and that's why those were decreased. When I looked at the other impact fees funds, they seemed to be pretty much closer on target. COMMISSIONER HENNING: I see. MS. USHER: It's hard to estimate with road impact fees because they do have that program, what we call the COA impact fees, where developers pay ahead, and the other impact fees don't share in that same program. So it's sometimes hard to do these calculations when we're siting in February and March. COMMISSIONER HENNING: Right. And besides the fact, if you're talking about commercial, they have different uses and different impact fees for transportation. Okay. I gl~t it. Thank you. CHAIRMi\N FIALA: Anything else? COMMISSIONER HENNING: Nope. CHAIRMi\N FIALA: Okay. Any other commissioners? (No response.) CHAIRM.A.N FIALA: Okay, fine. Go ahead. Item #2C PUBLIC COM1\.1ENTS AND QUESTIONS MR. ISACKSON: Madam Chairman, I believe that brings us to 2C on your agenda, which is your opportunity for public comment. CHAIRMJ\.N FIALA: Okay. MS. FILSC)N: Madam Chairman, I have two speakers. Ken Richard. He'll be followed by Kathleen Richard. Page 8 September 24,2009 MR. RICIIARD: I'm going to be a little dramatic here, have a little fun. A saw a lot of guys over the last several weeks and months wearing shirts like this spreading an awful lot of wood chips down Highway 41 and all over, and down 951. And, you know, folks, I would have been happy to scoop up the old ones and take them to Kathy's house. And along with my friend Joanne back there, folks like me, as we're looking at the budget and the beautification projects during a downturn in the economy where, as an example, a dear friend of mine back in Minnesota just laid off a week ago an employee after 25 years. He'd worked vrith him -- this is -- by the way, is the oldest ongoing family business in Minnesota. And we don't seem to have that discipline here. As I look at my taxes on three different properties, I have to say, including the one owned by my vvife, Kathy. And I'm wondering who represents the 30 percent of the vvhat, 70-, 82,000 properties that are owned by nonresidents, because most nonresidents are snowbirds like I was, and they're not here now during the -- your important times. And I'm trying to brainstorm with you to help in order to think, how can we better use our finances. As a small business owner, I don't see myself as great a stewardship going on with finances as I do in small businesses, and there's a lot of small business people in this community that are really hurting and they had to tug back and yet we all, even when our incomes go down, are paying the same amount in property taxes. So as that famous philosopher Popeye said -- remember Popeye on TV? "That's all I can stands. I can't stands no more." Well, I think more people ought to stand up and be saying that, and unfortunately a lot of them aren't here. So I'm just a taxpayer guy. And frankly, I've watched those guys out there, and I think I could have done it myself faster than two or three of them put together. Page 9 September 24, 2009 So in any event -- Kathy? MS. RICIIARD: I prefer my husband to use my time, if that's okay. MR. RICJIARD: Okay, thank you. Well -- and I don't want to be here just to be a complainer, but to look into these things that generally those of us that have owned properties when we're in a downtime -- and I -- in my 38-year career in business -- and by the way, next week is the end of my five-year non-compete burnout, and I'm going back up to finalize things in Minnesota. And Kathy, by the way, came down to work here nine years ago from Columbus, Ohio, and we've been married 70 years, but -- between us. In any event, I was hoping to come here -- and Kathy kind of wanted me to ask you for kind of a promissory note on an extra $102 on her property, and I'd like 306 and 512 on mine so that the -- the appraisal levels that went down, we'd have a direct correlation on the taxes that we're paying, and that didn't count the -- what I pay on a Fiddler's propeliy, that extra $2,967, which I think is a little bit more than even the average taxes in this town. But I've got friends that are paying you 50-~, $60,000 a year, and they get no representation. And I saw there's 30-some committees or advisory panels, and I didn't see anything there for nonresidents. And I've been coming here -- and I bought my first property here -- since 2002. Now, it's just recently, because of Kathy, not the work -- it's the woman, not the weather -- that I'm here more often. So, I'm wondering how we could proceed and recognize and trust that maybe we ~Nould get back to 1949 here. This was a wonderful __ that happens -- 'when I was born -- and it talked about how things were done, and it talked about these marvelous men like Lester Norris and William McCabe, and they do- -- they donated stuff. It wasn't taken from taxpayers or other people and having pet projects that we donated to. It \vas them giving of their life's time, talent, and treasure. Page 10 September 24, 2009 So I hope maybe as we go on here and -- we can take a look at that, and I'd even like for you to consider that in a down economy when your people are suffering, you don't lay more taxes on them, or you -- especially when their values went down. Thank you very much. MS. FILSON: That was your final speaker, ma'am. CHAIRMAN FIALA: Okay. Did you want to say something? COMMISSIONER COYLE: No, no. Item #2D RESOLUTI01\f 2009-220: RESOLUTION TO AMEND THE TENTATIVE BUDGETS - ADOPTED MR. ISAC~KSON: Madam Chairman, Item 2D on your amended is a resolution amending the tentative budgets for FY2009/20 1 O. Those would be the items that we discussed under Item 2B on your agenda. COMMISSIONER COLETTA: You need a motion to approve, right? MR. ISAC~KSON: That's correct. COMMISSIONER COLETTA: Motion to approve. COMMISSIONER HALAS: Second. CHAIRM.A.N FIALA: Any further discussion? (No response.) CHAIRMJ\.N FIALA: I have a motion on the floor and a second to approve the tentative -- to -- resolution to amend the tentative budget, and a second. Any discussion? (No response.) CHAIRMJ\.N FIALA: All those in favor, signify by saying aye. COMMISSIONER HALAS: Aye. Page 11 September 24, 2009 CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed? COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Okay, 3-2. Item #2E PUBLIC REAI)ING OF THE TAXING AUTHORITY LEVYING MILLAGE, Tl-fE NAME OF THE TAXING AUTHORITY, THE ROLLED-BAC:K RATE, THE PERCENTAGE INCREASE, AND THE MILLAGE RATE TO BE LEVIED - READ INTO RECORD MR. ISACKSON: Madam Chairman, the Item 2E on your agenda is a public reading on the taxing authority levying the millage, the name of the taxing authority, the rolled back rate, and the percentage increase in the millage rates to be levied. This item is rather laborious, so if you'll bear with me, I'll begin with reading the property tax rates, the rolled back rates and the percentage change from the rolled back rate. CHAIRM.A.N FIALA: Do we have this? COMMISSIONER HENNING: Madam Chair? Yeah, I don't have a -- I don't have an E, 2E. CHAIRM.A.N FIALA: I don't either. MR. ISACKSON: 2F, excuse me. COMMISSIONER HALAS: Oh, 2F? COMMISSIONER HENNING: What happened to E? CHAIRMJ\.N FIALA: Oh, 2F? MR. ISACKSON: 2E is a public reading of the taxing authority, the levying the lnillage, the name of the taxing authority, et cetera, on your agenda. Page 12 September 24, 2009 COMMISSIONER COYLE: It's not here. COMMISSIONER HALAS: It's not here. Got a 2D and that's it. MS. FILSON: I think 2F is behind the tab "millage resolution." COMMISSIONER COLETTA: Yeah, it is. MR. ISA<:KSON: That's correct. 2F is your attachment of the millage rates. CHAIRMAN FIALA: But 2E we don't have, right? MR. ISA(~KSON: Well, that's just -- MR. MUI)D: 2E is, he's going to actually read them. CHAIRMAN FIALA: Oh, I see. So we have nothing to refer to here? MR. MUI)D: Well, I'm going to put it up on the visualizer. But you do have it u_ CHAIRM"AN FIALA: Oh, 2E is coming up. MR. MUI)D: -- behind the resolution at the tab where it says, millage resolution. It's the second page. It's 2F, Page 3. CHAIRM.A.N FIALA: Great. MR. MUI)D: Go ahead. MR. ISACKSON: Thank you, Mr. Mudd. The general fund, Fund 001. The proposed millage rate, 3.5645. The rolled back millage rate, 3.5676. The percent change from the rolled back rate is a minus .09 percent. Water pollution control, Fund 114. The rolled back millage rate is .0333. The proposed millage rate is .0293. That is a change from the rolled back rate of a minus 12.01 percent. The unincorporated area general fund, Fund 111. The rolled back millage rate, .8010. The proposed millage rate, .7161. The percent change from the rolled back is a minus 10.6. The Golden Gate Community Center, Fund 130. The rolled back millage rate, .1875. The proposed millage rate, .1 791. A percent change from the: rolled back rate, a minus 4.48 percent. The Victoria Park drainage, Fund 134. The rolled back millage Page 13 September 24, 2009 rate, .4537. The proposed millage rate, .0653. That is a percent change from the rolled back rate ofa minus 85.61 percent. The Naples Park drainage, Fund 139. The rolled back millage rate, .0090. The proposed millage rate, .0090. That is a 0 percent change from the rolled back rate. The Pine H..idge Industrial Park, no millage rate proposed. The Naples Production Park, no millage rate proposed. The Vanderbilt Beach MSTU, Fund 143. The rolled back millage rate, .4716. The proposed millage rate, .4716. That is a 0 percent change from the rolled back rate. The Isles of Capri Fire Protection District, Fund 144. The rolled back millage rate, 1.8990. The proposed millage rate, 1.8990. That is a 0 percent change from the rolled back rate. The Ochopee Fire Control, Fund 146. The rolled back millage rate, 4.4810. The proposed millage rate, 4. Percent change from the rolled back rate of a minus 10.73 percent. Collier County Fire, Fund 148. The rolled back millage rate, 2.0190. The proposed millage rate is 2. That change from the rolled back rate is minus .94 percent. The Goodland Fire MSTU, Fund 149. The rolled back rate, 1.2760. The proposed millage rate, 1.2760. That's a 0 percent change from the rolled back rate. The Sabal Palm Road MSTU, Fund 151. The rolled back rate, .8918. The proposed millage rate, .8918. The percent change from the rolled back rate is O. The Golden Gate Parkway Beautification MSTU, Fund 153. The rolled back rate, .5778. The proposed millage rate, .5. That percent change from the millage rate, minus 13.46 percent. The Lely Golf Estates Beautification, 152. The rolled back millage rate, 2.0336. The proposed millage rate is 2. That is a change from the rolled back rate of a minus 1.65 percent. The Hawk's Ridge stormwater pumping MSTU, Fund 154. The Page 14 September 24, 2009 rolled back millage rate, .1209. The proposed millage rate, .1209. The percent change from the rolled back rate is O. The Radio Road Beautification MSTU, 158. The rolled back millage rate, .2521. The proposed millage rate, .2521. The percent change from the rolled back rate is O. The Forest Lakes roadway and drainage MSTU, Fund 159. The rolled back millage rate, 1.2800. The proposed millage rate, 1.1563. Percent change from the rolled back rate is minus 9.66 percent. The Immokalee Beautification MSTU, Fund 162. The rolled back millage rate, 1.0463. The proposed millage rate is 1. The change from the rolled back rate, a minus 4.43 percent. The Bayshore Avalon Beautification MSTU, 163. The rolled back millage rate, 1.7892. The proposed millage rate, 1.7892. The percent change from the rolled back rate is O. The Haldeman Creek dredging MSTU, Fund 164. The rolled back millage rate, .6250. The proposed millage rate is .5. The percent change from the rolled back rate is a minus 20 percent. The Rock :Road MSTU, Fund 165. The rolled back millage rate, 2.6243. The proposed millage rate, 2.6243, which is a 0 percent change from the rolled back rate. Conservation Collier, Fund 172. The rolled back rate is .1884. The proposed mlillage rate is .1206. Percent change from the rolled back millage rate is a 35.99 percent. Caribbean Gardens, Fund 220. The rolled back millage rate is .1703. The proposed millage rate is O. Percent change from the rolled back millage rate is a minus 100 percent. The Forest Lakes Debt Service, fund number 259. The rolled back millage rate, 3.5020. The proposed millage rate, 2.8437. A change from the rolled back millage rate, minus 18.8 percent. Conservation Collier debt service, the 2005 series, Fund 272. The rolled back :millage rate, .0761. The proposed millage rate, .0746. The percent change from the rolled back, a minus 1.97 percent. Page 15 September 24, 2009 CHAIRMAN FIALA: Mark, did you forget Forest Lakes? MR. ISA<:KSON: No. I don't believe so, but I'll read it again-- CHAIRMAN FIALA: Okay. MR. ISA<:KSON: -- Madam Chair, into the record. Fund 259. The rolled back millage rate, 3.5020. The proposed millage rate, 2.8437. A change from the rolled back millage rate of a minus 18.8 percent. Moving to Conservation Collier debt service series 2008, Fund 273. The rolled back millage rate is O. The proposed millage rate, .0548. Collier County lighting of the -- the's Fund 760. The rolled back millage rate of .1108. The proposed millage rate, .1108. Percent change from the rolled back rate is O. The Pelican Bay MSTBU, Fund 778. The rolled back millage rate is .0558. The proposed millage rate, .0531. Percent change from the rolled back rate is minus 4.84 percent. And the aggregate millage rates in total, rolled back aggregate millage rate is 4.4287. The proposed millage rate is 4.2870. In reading those, Commissioners, you will note that for purposes of TRIM -- get to my notes here -- the percentage change in the millage rate over the rolled back rate, and the -- the reasons for ad valorem taxes above the rolled back rate is calculated on the DR24. And as you will note, that neither the criterion applies to the FY20 1 0 Collier County budget based on the TRIM statutory definition of an ad valorem tax increase, and refer to Exhibit 2A for that -- for that reading. Each of the Collier County taxing authorities has currently set a millage rate which is either at or below the rolled back rate. And the current aggregate rolled back rate for all Collier County taxing authorities exclusive of debt service, as I mentioned previously, is 4.4287 per $1,000 of taxable value. The aggregate tax rate for all Collier County taxing authorities is Page 16 September 24, 2009 4.2870 per $1,000 of taxable value, which represents a decrease of3.2 percent. Item #2F RESOLUTIOl'~ 2009-221: 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.) - ADOPTED MR. ISA(~KSON: Commissioners, turning to Item 2F on your agenda, there is a resolution proposed which sets the millage rates as I've read into the record. Please note that there will be two motions here. One required for the dependent districts and a second motion for all other remaining millage rates. COMMISSIONER HALAS: Okay. CHAIRM.A.N FIALA: Okay. Any questions? COMMISSIONER COLETTA: Yes. A motion to approve for the dependent districts. CHAIRMi\N FIALA: And do I hear a second? COMMISSIONER HALAS: Second. CHAIRMi\N FIALA: Okay. I have a motion on the floor and a second. Any discussion on this item? (No response.) CHAIRM~AN FIALA: All those in favor, signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMJ\N FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRM1\N FIALA: Opposed, like sign? COMMISSIONER COYLE: Aye. Page 1 7 September 24, 2009 COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: 3-2. MR. ISA(~KSON: Madam Chair, a second motion would be in order for all the other taxing authorities, please. COMMISSIONER HALAS: Motion to approve. COMMISSIONER COLETTA: Second. CHAIRMAN FIALA: Okay. Discussion? (No response.) CHAIRMAN FIALA: All in favor, signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRM.AN FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRM.AN FIALA: Opposed? COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRM"AN FIALA: 3-2. Item #2G RESOLUTION 2009-222: RESOLUTION TO ADOPT THE FINAL BUDGET BY FUND (NOTE: A SEPARATE MOTION IS REQUIRED F()R THE DEPENDENT DISTRICT BUDGETS AND A SEPARATE MOTION IS REQUIRED FOR THE REMAINING BUDGETS) - .A"DOPTED MR. ISACKSON: Madam Chairman, Item 2G on your agenda is a resolution to adopt the final budgets by fund. And once again, note that two motions would be in order. One for the dependent districts budgets, and a separate motion is required for the remaining budgets. COMMISSIONER COLETTA: Motion to approve for the dependent districts. COMMISSIONER HALAS: I'll second that. Page 18 September 24, 2009 CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed? COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: 3-2. MR. ISA<:KSON: And once again, Madam Chairman, a second motion for the remaining budgets, please. COMMISSIONER HALAS: I'll make a motion for the remaining budgets. COMMISSIONER COLETTA: Second. CHAIRM.AN FIALA: All in favor? COMMISSIONER HALAS: Aye. CHAIRM.AN FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRM.AN FIALA: Opposed? COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. MR. ISACKSON: That concludes my remarks, Madam Chairman. CHAIRM.A.N FIALA: Thank you. Very good. Mr. Mudd? MR. MUI)D: That concludes the hearing based on commissioners' comments. CHAIRM.A.N FIALA: Okay. Any commissioners' comments? (No response.) CHAIRM.A.N FIALA: Then may I have a motion to adjourn? MR. KLATZKOW: Commissioner, Madam Chairman, I do have an announcement I'd like to make, if that's okay. CHAIRMJ\.N FIALA: I think it's okay. Page 19 September 24,2009 MR. KLA.TZKOW: Thank you. As you know, there was a recent decision by the District Court of Appeals. I'm on some very short time franles, so I need to conduct a shade session with you on Tuesday to get direction from the board of whether or not you want us to proceed with various filings or not. Therefore, I'm going to give a notice of a closed attorney-client session pursuant to Section 286.011 (8), Florida Statutes. The county attorney desires advice from the Board of County Commissioners in closed attorney-client session on Tuesday, September 29, 2009, at a time certain of 12 noon in the commission conference room, third floor, this building, which is at the Collier County Government Center. In addition to the board members, the county manager, James V. Mudd, or in his absence, Deputy County Manager, Leo Ochs, County Attorney Jeffrey A. Klatzkow, and Litigation Section Chief Jacqueline W. Hubbard, will be in attendance. The board, in executive session, will discuss a strategy session relating to litigation expenditures and settlement negotiations in the pending case of Dwight E. Brock, Clerk of Courts, versus Collier County, Florida, Board of County Commissioners of Collier County, Florida, as ex-officio governing board of the Ochopee Area Fire Control and ErrLergency Medical Care Special Taxing District, case number 04-941 .-CA, consolidated with the Board of County Commissioners of Collier County, Florida, versus Dwight E. Brock, Clerk of the Circuit Court of Collier County, Florida, case number 05-953-CA, consolidated with case number 05-1506-CA, now pending in the I)istrict Court of Appeal for Florida, second district case number TI)07-FT-4549. CHAIRM.A.N FIALA: Thank you. Any comments or questions? And that's it? MR. KLATZKOW: It will be a shade session Tuesday at 12 noon. Page 20 September 24, 2009 CHAIRM:AN FIALA: Very good. Anything from you, Mr. Mudd? MR. MU])D: No, ma'am. CHAIRM:AN FIALA: Okay. Then I'd like a motion. COMMISSIONER HALAS: Motion to adjourn. COMMISSIONER COLETTA: Motion to adjourn. CHAIRMAN FIALA: I've got two motions to adjourn. COMMISSIONER COLETTA: Let's argue about it. CHAIRMAN FIALA: I'll take a -- the motion to adjourn from Commissioner Halas and a second from Commissioner Coletta. All those :in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRM.AN FIALA: Opposed, like sign? (No response.) COMMISSIONER HENNING: Well, we can agree on something. COMMISSIONER COYLE: That's the only 5-0 vote we've had tonight. ***** Page 21 September 24, 2009 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:38 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DI~lJt: d~TS CONTROL DONNA FIALA, Chairman ATTEST ."IDWIg,JuII ~. BROCK, CLERK , '.~" ..' . . . '0/1' : "i.. ..' of) ......1...... ~ , \olfl-=l-IO::J , as . TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY TERRI LEWIS. 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