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Agenda 05/23/2017 Item #16K 905/23/2017 EXECUTIVE SUMMARY Recommendation to waive the optional local public hearing relating to the merger of Mediterra North Community Development District and Mediterra South Community Development District pursuant to Sections 190.005 and 190.046(3), Florida Statutes. OBJECTIVE: For the Board of County Commissioners (Board) to waive the optional local public hearing on the Petition to Merge Mediterra North Community Development District (Mediterra North) and Mediterra South Community Development District (Mediterra South) as filed with the State of Florida Land and Water Adjudicatory Commission. CONSIDERATIONS: Mediterra North was established by the City of Bonita Springs via Ordinance No. 01-04. Mediterra South was established by Collier County Ordinance No. 99-67. Both CDD’s were created for the purposes of planning, financing, constructing, operating and/or maintaining public infrastructure improvements. Although intended to function as a single district, Florida Statutes at the time, prohibited the creation of a CDD that crossed county boundaries. In accordance with Section 190.046(3), Florida Statutes, the Petitioners, Mediterra North and Mediterra South, have submitted a Petition to Merge the two CDD’s to the State of Florida Land and Water Adjudicatory Commission. The Petition also requests the appointment of an Administrative Law Judge to conduct a hearing on the merger to be held in Collier County. Florida Statutes gives Collier County the option of holding a public hearing to consider the Petition since a portion of the merged district would be in County. The public hearing would be limited to consideration of the contents of the petition and whether the petition for amendment should be supported by the County. The Petitioners are not requesting a local public hearing by the County. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: That the Board waives the optional local public hearing on the Petition to Merge Mediterra North Community Development District and Mediterra South Community Development District which has been filed with the State of Florida Land and Water Adjudicatory Commission pursuant to Sections 190.005 and 190.046(3), Florida Statutes. PREPARED BY: Jeffrey A. Klatzkow, County Attorney ATTACHMENT(S) 1. 5-11-17 Letter from Petitioner - Mediterra (PDF) 16.K.9 Packet Pg. 1100 05/23/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.9 Doc ID: 3225 Item Summary: Recommendation to waive the optional local public hearing relating to the merger of Mediterra North Community Development District and Mediterra South Community Development District pursuant to Sections 190.005 and 190.046(3), Florida Statutes. Meeting Date: 05/23/2017 Prepared by: Title: Legal Assistant/Paralegal – County Attorney's Office Name: Virginia Neet 05/17/2017 1:47 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 05/17/2017 1:47 PM Approved By: Review: Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/17/2017 1:59 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/17/2017 2:13 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 05/17/2017 2:27 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 05/17/2017 3:05 PM Board of County Commissioners MaryJo Brock Meeting Pending 05/23/2017 9:00 AM 16.K.9 Packet Pg. 1101 16.K.9.a Packet Pg. 1102 Attachment: 5-11-17 Letter from Petitioner - Mediterra (3225 : Mediterra North and South Merger)