Agenda 01/28/2014 Item #16H 31/28/2014 16.H.3.
Board of Collier County Commissioners
Donna Fiala Georgia k Hitler, Esq. Tom Henning Fred W. Coyle Tim Nand
District 1 District 2 District 3 District 4 District 5
MEMORANDUM
Date: January 14, 2014
To: Leo E. Ochs, Jr., County Manager
From: Commissioner Georgia Hiller, District 2
RE: Reconsideration of Item 6A — January 14, 2014 BCC Meeting
Please consider this a request for reconsideration for the January 28, 2014 BCC Meeting
agenda.
Reauest for Reconsideration of Item 06A from the January 14, 2014 BCC Meedna titled:
Public Petition request from Jared Grifoni representing the Ubertarian Party of Collier County,
requesting that the Board of County Commissioners rescind ordinance 2013 -70 which
established the La Peninsula Seawall Municipal Service Benefit Unit (MSBU) and rescind
Resolution 2013 -292 winch established a special assessment for funding the seawall
improvements. Both Ordinance 2013 -70 and Resolution 2013 -292 were adopted by the
Board of County Commissions on December 10, 2013.
Thank you. '
i
f
3299 Tamiami Trall East, Sub 303 - Naples, Florida 34112 - 5746.239-252 -8097 - FAX 239-252 -3602
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.H.16.H.3.
Item Summary: Request by Commissioner Hiller for Reconsideration of Item 6A from the
January 14, 2014 BCC meeting titled: Public Petition request from Jared Grifoni representing
the Libertarian Party of Collier County, requesting that the Board of County Commissioners
rescind Ordinance 2013 -70 which established the La Peninsula Seawall Municipal Service
Benefit Unit (MSBU) and rescind Resolution 2013 -292 which established a special assessment
for funding the seawall improvements. Both Ordinance 2013 -70 and Resolution 2013 -292 were
adopted by the Board of County ° Commissions on December 10, 2013.
Meeting Date: 1/28/2014
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, CMO
1/14/2014 11:06:58 AM
Submitted by
Title: Executive Secretary to County Manager, CMO
Name: BrockMaryJo
1/14/2014 11:06:59 AM
Approved By
Name: OchsLeo
Title: County Manager
Date: 1/21/2014 2:14:44 PM
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"I::., Office of the County Manager
Leo E. Ochs, Jr.
3299 Tamiami Trail East, Suite 202 • Naples Florida 34112 -5746 • (239) 252 -8383 • FAX: (239) 252 -4010
January 2, 2014
Mr. Jared Grifoni
141 Leland Way
Marco Island FL 34145
Re: Public Petition request from Jared Grifoni representing the Libertarian Party of Collier County,
requesting that the Board of County Commissioners rescind Ordinance 2013 -70 which
established the La Peninsula Seawall Municipal Service Benefit Unit (MSBU) and rescind
Resolution 2013 -292 which established a special assessment for funding the seawall
improvements. Both Ordinance 2013 -70 and Resolution 2013 -292 were adopted by the Board
of County Commissions on December 10, 2013.
Dear Mr. Grifoni,
Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at
the meeting of January 14, 2014, regarding the above referenced subject.
Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised
that the Board will take no action on your petition at this meeting. However, your petition may be
placed on a future agenda for consideration at the Board's discretion. If the subject matter is currently
under litigation or is an on -going Code Enforcement case, the Board will hear the item but will not
discuss the item after it has been presented. Therefore, your petition to the Board should be to advise
them of your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner
Building (Building "F ") of the government complex. Please arrange to be present at this meeting and to
respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this office.
Sind
Mike Sheffield
Communications and Customer Relations Manager
MJS:mjb
cc: Jeffrey Klatzkow, County Attorney
Steve Carnell, Public Services Administrator
Mark Isackson, Corporate Financial and Management Services Director
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BrockMaryJo
From:
SheffieldMichael
Sent:
Thursday, January 02, 2014 11:16 AM
To:
BrockMaryJo
Cc:
OchsLeo
Subject:
FW: Petition to rescind Ordinance 2013 -70
Attachments:
2013 -12 -30 Submitted Petition.pdf
Hi Mary -Jo,
Please place this public petition on the agenda for the 1/14 BCC meeting:
Public petition request from Jared Grifoni representing the Libertarian Party of Collier
County, requesting that the Board of County Commissioners rescind Ordinance 2013 -70 which
established the La Peninsula Seawall Municipal Service Benefit Unit (MSBU) and rescind
Resolution 2013 -292 which established a special assessment for funding the seawall
improvements. Both Ordinance 2013 -70 and Resolution 2013 -292 were adopted by the Board of
County Commissioners on December 10, 2013.
Please prepare a letter to be sent to the petitioner and Cc Jeff K, Mark I, and Steve C.
Thanks,
Mike
From: OchsLeo
Sent: Thursday, January 02, 2014 8:54 AM
To: SheffieldMichael
Cc: Klatzkow3eff; BrockMary3o
Subject: FW: Petition to rescind Ordinance 2013 -70
Mike,
FYA please
Leo E. Ochs, Jr.
Collier County Manager
239.252.8383
- - - -- Original Message---- -
From: HenningTom
Sent: Wednesday, January 01, 2014 6:48 PM
To: OchsLeo
Subject: FW: Petition to rescind Ordinance 2013 -70
please place on the 14th agenda
From: is ave4q,�gmai_a.com [tslave484@gmail.com] On Behalf Of Elsa Martinez
[secretary@collierlp.com]
Sent: Tuesday, December 31, 2013 2:36 PM
To: SheffieldMichael
Cc: HenningTom; Jared Grifoni; ti�icechair(colli.erlr.com; activisma)ca]_lier l;.cam; Libertarian
Party of Collier County
1
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Subject: Petition to rescind Ordinance 2013 -70
Good Afternoon,
Attached, please find our request for public petition on the January 14th BCC meeting. n
If you have any questions, or need additional information, don't hesitate to email me at
se r e':a �cJCC) irrlr�. _ -,) <rrai1ta: secret ary(a )coiIiet,Ip.cam >.
Thank you and have a great day.
-Elsa Martinez
Libertarian Party of Collier County
Individual Liberty
Limited Government
Economic Freedom
PO Box# 2452
Marco Island, FL 34146
Phone# (239) 777 -0730
Web: htt-P:Ijwww.c a al. a.er1 cum
Facebook: i ttL; - / , /_w,A, . facebQak . caret% callierlp
"When the government's boot is on your throat, whether it is a left boot or a right boot is
of no consequence"
-Gary Lloyd
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail
address released in response to a public records request, do not send electronic mail to this
entity. Instead, contact this office by telephone or in writing.
n
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail
address released in response to a public records request, do not send electronic mail to this
entity. Instead, contact this office by telephone or in writing.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail
address released in response to a public records request, do not send electronic mail to this
entity. Instead, contact this office by telephone or in writing.
2
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Request to Speak under Public Petition
Please print
Name: Jared Grifoni
Address: 141 Leland way
Marco Island, FL 34145
Phone: 239- 682 -6682
Date of the Board Meeting you wish to speak: January 14, 2013
Must circle yes or no:
Is this subject matter under litigation at this time? Yes A-70
Is this subject matter an ongoing Code Enforcement case? Yes /(No
Note: If either answer is "yes ", the Board will hear the item but will have no
discussion regarding the item after it is presented.
Please explain in detail the reason you are requesting to speak (attach additional
page if necessary):
see attached
Please explain in detail the action you are asking the Commission to take (attach
additional page if necessary):
see attached
HmATAIFORMS1Public Petition Request Form - 2013.doc
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Please explain in detail the reason you are requesting to speak:
we, as the Libertarian Party of Collier County, speaking on behalf of
the citizens of Collier County, wish to petition against Ordinance
No. 2013 -70 creating the La Peninsula Seawall Municipal Service
Benefit Unit, and against the associated funding.
There is no Constitutional authority for such funding (which is
essentially a guaranteed loan from the Collier County taxpayers for
this project).
La Peninsula is a private community, and this seawall and associated
waterway improvements have no determinate public benefit or county
use. Article VII, section 10 of the Florida Constitution prohibits
the state and its subdivisions from using their taxing power or
pledging public credit to aid any private persons or entities.
The very language of the ordinance in Section 3 indicates that the
waterway improvements only benefit "the property owners within the
MSBU ", making it unconstitutional and an overreach of government. The
Collier County government is not a bank with which to loan monies for
private projects. This ordinance sets a terrible precedent for the
entire state of Florida and must not be allowed to move forward.
Please explain in detail the action you are asking the Commission to take:
We request that the Board of County Commissioners rescind the
ordinance creating the MSBU and the resolution to fund it via special
assessment, and that the Board vote not to fund the project, because
it is unconstitutional and not the proper role of county government.
Unless this project has public use and benefits, the expenditure of
public funds is invalid.
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IL/ IV /LV Idd. U.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners (1) adopts the attached
Resolution which would authorize the use of the uniform method of collecting non -ad
valorem special assessments within the La Peninsula Community to fund the costs of
providing seawall improvements and other waterway improvements for the La Peninsula
community, and (2) to adopt an Ordinance to establish the La Peninsula Seawall Municipal
Service Benefit Unit.
OBJECTIVE: To help provide a financing mechanism through the imposition of special
assessments to fund needed seawall improvements for the La Peninsula community.
CONSIDERATIONS:
This item is a result of an October 8, 2013 Public Petition from attorney Anthony Pires,
representing the La Peninsula Condominium Association. The Public Petition sought the
creation of an MSBU to repair and/or replace the seawall at La Peninsula located on the Isles of
Capri. A copy of the transcript of the Board discussion is attached.
The project requires obtaining appropriate financing. The Finance Committee met on
October 25h to discuss this matter. Representatives of La Peninsula were invited to and did
attend this meeting. It was decided that the firm Nabors, Giblin & Nickerson, who is the
County's primary bond counsel, would draft the necessary legal documents, whose fees would
11—N ultimately be paid by the MSBU.
The first document is a Resolution which would authorize the use of the uniform method
of collecting non -ad valorem special assessments within the La Peninsula Community to fund
the costs of providing seawall improvements and other waterway improvements for the La
Peninsula community. By statute, this Resolution was duly advertised for four consecutive
weeks. Approval of this Resolution would authorize the collection of the special assessments
through the annual ad valorem tax bill. To get this on next year's tax bill, by statute, a copy of
this Resolution must be sent to the property appraiser, the tax collector, and the Department of
Revenue by January 10 (or if the property appraiser, tax collector, and local government agree to
an extension, March 10), so that absent such an extension, this is the final Board meeting which
this can occur.
The proposed Ordinance has no such deadline, however, counsel for the La Peninsula
Condominium Association has requested that both items be heard at this meeting.
It should be noted that as a condition of financing, Collier County may be required to
obtain an ownership interest in the seawall. The likely interest would be an easement
encumbering the seawall over the term of the loan, which our best guess is ten years. Approving
the Resolution and MSBU today will not bind the Board should this issue come up in the future.
FISCAL IMPACT: None to the County. All costs will be borne by the MSBU.
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GROWTH MANAGEMENT UAFACT: None.
LEGAL CONSIDERATIONS: This proposed Resolution and Ordinance have been reviewed
by the County Attorney, and are approved as to both form and legality. Majority vote is needed
to both adopt the Resolution and the Ordinance. —JAK
RECOMMENDATION: That the Board of County Commissioners (1) adopts the attached
Resolution which would authorize the use of the uniform method of collecting non -ad valorem
special assessments within the La Peninsula Community to fund the costs of providing seawall
improvements and other waterway improvements for the La Peninsula community, and (2) to
adopt an Ordinance to establish the La Peninsula Seawall Municipal Service Benefit Unit.
Prepared by: Jeffrey A. Klatzkow, County Attorney,
Attachments: Proposed Resolution, Proposed Ordinance, Transcript of Public Petition, Proof of
Advertising.
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RESOLUTION 2013 -
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
ELECTING TO USE THE UNIFORM METHOD OF
COLLECTING NON -AD VALOREM SPECIAL
ASSESSMENTS LEVIED WITHIN CERTAIN PORTIONS
OF THE UNINCORPORATED AREA OF THE COUNTY
DESCRIBED HEREIN; STATING A NEED FOR SUCH
LEVY; PROVIDING FOR THE MAILING OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Board of County Commissioners (the "Board ") of Collier
County, Florida (the "County ") is contemplating the imposition of special assessments
over a number of years to fund the cost of providing seawalls and other waterway
improvements; and
WHEREAS, the Board intends to use the uniform method for collecting non -ad
valorem special assessments imposed over a number of years for the cost of providing
such services and facilities to property within the County described herein, as authorized
�-. by Section 197.3632, Florida Statutes, as amended, because this method will allow such
special assessments to be collected annually commencing in November 2014, in the same
manner as provided for ad valorem taxes; and
WHEREAS, the Board held a duly advertised public hearing prior to the adoption
of this resolution ( "Resolution "), proof of publication of such hearing being attached
hereto as EXHIBIT A; and
BE IT RESOLVED BY THE BOARD OF COUNTY CorAbUSSIONERS OF
COLLIER COUNTY, FLORIDA:
1. Commencing with the Fiscal Year beginning on October 1, 2014, and with
the tax statement mailed for such Fiscal Year, the Board intends to use the uniform
method of collecting non -ad valorem assessments authorized in Section 197.3632,
Florida Statutes, as amended, to collect special assessments imposed over a number of
years to fund the cost of providing seawalls and other waterway improvements. Such
non -ad valorem assessments may be levied within a portion of the unincorporated area of
the County. A legal description of such area that may be subject to the imposition of
such special assessment is attached hereto as EXHIBIT B and incorporated herein by
reference.
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2. The Board hereby determines that the levy of such non -ad valorem
assessments is needed to fund the cost of providing seawalls and other waterway
improvements within the area described in EXHIBIT B hereto.
3. Upon adoption, the Clerk of the Circuit Court as Clerk to the Board, is
hereby directed to send a copy of this Resolution by United States mail to the Florida
Department of Revenue, the Collier County Tax Collector, and the Collier County
Property Appraiser by January 10, 2014.
4. This Resolution shall take effect immediately upon its adoption
THIS RESOLUTION ADOPTED, after motion, second and majority vote on
this the 10th day of December, 2013.
ATTEST: BOARD OF COUNTY COIVIIVIISSIONERS
DWIGHT E. BROOK, Clerk COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER
COUNTY
By: By:
Deputy Clerk GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
Approved as to form and legality:
Jeffrey A. Klatzkow
County Attorney
2
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EXIBBIT A
PROOF OF PUBLICATION OF NOTICE OF HEARING
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EINIBIT B
LEGAL DESCRIPTION
The proposed assessment area would be located in the following potential area
(known locally as "La Peninsula "):
BEGINNING AT THE NORTHEAST CORNER OF SECTION 6, TOWNSHIP
52 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN SOUTH 1
DEGREE 11 MINUTES 25 SECONDS WEST FOR 30.0 FEET; THENCE RUN
NORTH 88 DEGREES 48 MINUTES 27 SECONDS WEST FOR 380.00 FEET;
THENCE RUN SOUTH 1 DEGREE 11 MINUTES 33 SECONDS WEST FOR 90.00
FEET; THENCE RUN SOUTH 20 DEGREES 32 NIINUTES 44 SECONDS EAST FOR
272.34 FEET, TO A POINT ON A CERTAIN BULKHEAD LINE AS RECORDED IN
BULKHEAD LINE PLAT BOOK 1, PAGE 8, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA; THENCE RUN THE FOLLOWING COURSES,
ALONG THE SAID BULKHEAD LINE: SOUTH 69 DEGREES 27 MINUTES 16
SECONDS WEST FOR 443.05 FEET; THENCE RUN SOU'T'H 74 DEGREES 20
NIINUTES 53 SECONDS WEST FOR 900.00 FEET, TO A POINT OF CURVATURE;
THENCE RUN 496.98 FEET ALONG THE ARC OF A CURVE, CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 185.00 FEET, AND SUBTENDED BY A
CHORD HAVING A BEARING OF NORTH 28 DEGREES 41 MINUTES 32.5
SECONDS WEST AND A LENGTH OF 360.46 FEET, TO A POINT OF TANGENCY;
THENCE NORTH 48 DEGREES 16 NIINUTES 02 SECONDS EAST, FOR 712.63
FEET, TO THE END OF THE BULKHEAD LINE; THENCE RUN SOUTH 88
DEGREES 48 MINUTES 27 SECONDS EAST, ALONG THE NORTH LINE OF SAID
SECTION 6, 1209.85 FEET, TO THE POINT OF BEGINNING; CONTAINING 17.81
ACRES, MORE OR LESS.
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ORDINANCE NO. 2013-
AND ORDINANCE CREATING THE LA PENINSULA
SEAWALL MUNICIPAL SERVICE BENEFIT UNIT;
PROVIDING A PURPOSE AND GOVERNING BODY;
PROVIDING FOR FUNDING; PROVIDING FOR
CREATION OF THE LA PENINSULA SEAWALL
ADVISORY COMMITTEE; PROVIDING FOR THE
DUTIES OF THE COUNTY MANAGER; PROVIDING FOR
CONFLICT AND SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, recently the Board of County Commissioners (the "Board ") of Collier
County. Florida (the "County ") was informed that certain property owners in the geographic
area known locally as "La Peninsula" have requested the Board to coordinate the construction
and funding of seawalls and .other waterway improvements to benefit the property owners in
such area; and
WHEREAS, the Board has determined that the creation of a municipal service benefit
unit is the best method for implementing and funding seawalls and other waterway
improvements located therein.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION 1. AUTHORITY. This Ordinance is adopted pursuant to the
provisions of Chapter 125, Florida Statutes, and other applicable law.
SECTION 2. CREATION OF THE MUNICIPAL SERVICE BENEFIT
UNIT. There is hereby created and established the La Peninsula Seawall Municipal Service
Benefit ( nit (the "MSBU "). The boundaries of the MSBU shall initially be as set forth in
FX111131 1 A attached hereto and incorporated herein ey reference.
SECTION 3. PURPOSE AND GOVERNING BODY. The MSBU is created
for the purpose of coordinating the repair /replacement/construction and funding of seawalls
and other waterway improvements to benefit the property owners within the MSBU. The
governing body of the MSBU shall be the Board.
SECTION 4. FUNDING. For the purpose of providing funds to carry out the
purpose of the MSBU, the Board shall consider imposition of special assessments in
accordance with Chapter 122. Article 77, of the Code of Laws and Ordinances of Collier
County, Florida and other applicable law.
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SECTION 5. CREATION OF THE LA PENINSULA SEAWALL ADVISORY
COMMITTEE.
A. Concurrent with the passage of the Ordinance, a five (5) member advisory board
to be known as the La Peninsula Seawall Municipal Service Benefit Unit Advisory Committee
(the "Advisory Committee) is hereby established in accordance with Collier County Ordinance
2001 -55.
B. Members of the Advisory Committee shall be permanent residents owning real
property within the MSBU and electors of Collier County.
C. Advisory Committee shall make recommendations to the Board of County
Commissioners concerning the following matters and subjects:
1. the selection and retention of professional engineer(s) to prepare reports, studies
and analysis concerning the scope, size, nature, design and extent of the seawall repair or
replacement project and assessment methodologies relating to the funding of the
implementation of the project, including the financing thereof.
2 the size, cost and manner of financing the seawall repair or replacement project,
including the assessment methodologies relating to the funding of the implementation of
the project.
3. the preparation of bid documents, the selection of contractors and award of
contract to perform the seawall repair or replacement project.
4. the annual budget of the MSBU.
The Advisory Committee shall report to and advise the Board on matters related to the
MSBU. The Board shall have the final authority as to any recommendation. The Advisory
Committee shall adopt procedures by which it shall operate and elect officers as it deems
necessary. All members of the Advisory Committee shall serve without compensation.
SECTION 6. DUTIES OF THE COUNTY MANAGER. The duties of the
County Manager or his or her designee shall be: (a) to administer the activities of the MSBU
in accordance with established policies of the board and guidelines adopted by the Advisory
Committee; (b) to coordinate the imposition of special assessments to provide funding for the
MSBU in accordance with the guidance provided by the Board and the Advisory Committee;
and (c) to attend all Advisory Committee meetings.
SECTION 7. CONFLICT AND SEVERABILITY. In the event this Ordinance
conflicts %with any other Ordinance of the County or other applicable law, the more restrictive
shall appiy. If any court of competent jurisdiction holds any phrase or portion of the
Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining portion.
SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect upon filing
with the Florida Department of State.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
Count. Florida, this day of 2013.
ATTEST:
DWIGHT E. BROCK. Clerk
BN :
, Deputy Clerk
Appro ve4w to form and4egality:
z'
Jeffrey A. K- Iatzkow
County. homey
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
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