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