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Agenda 12/10/2013 Item # 9B 12/10/2013 9.B. 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 25th 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 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. Packet Page-255- 12/10/2013 9.B. GROWTH MANAGEMENT IMPACT: 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. 2 Packet Page-256- 12/10/2013 9.B. COLLIER COUNTY Board of County Commissioners Item Number: 9.9.B. Item 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. Meeting Date: 12/10/2013 Prepared By Name: CrotteauKathynell Title:Legal Secretary,County Attorney 11/26/2013 12:00:10 PM Approved By Name: FinnEd Title: Senior Budget Analyst, OMB Date: 11/26/2013 4:20:51 PM Name: KlatzkowJeff Title: County Attorney Date: 12/4/2013 12:02:54 PM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 12/4/2013 1:40:19 PM Packet Page-25 12/10/2013 9.B. 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 COMMISSIONERS 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. Packet Page-258- 12/10/2013 9.B. 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 COMMISSIONERS DWIGHT E. BROCK, 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 Packet Page-259- 12/10/2013 9.B. EXHIBIT A PROOF OF PUBLICATION OF NOTICE OF HEARING Packet Page-260- 12/10/2013 9.B. EXHIBIT 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 MINUTES 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 SOUTH 74 DEGREES 20 MINUTES 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 MINUTES 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. Packet Page-261- 12/10/2013 9.B. 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 UNNIT. I here is hereby created and established the La Peninsula Seawall Municipal Service Benefit Unit (the "MSBU"). The boundaries of the MSBU shall initially be as set forth in FX111BIT A attached hereto and incorporated herein by 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. Packet Page-262- 12/10/2013 9.B. 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 apply. 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. Packet Page-263- 12/10/2013 9.B. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By. By: , Deputy Clerk GEORGIA A. HILLER, ESQ. CHAIRWOMAN Appro e• 4 orrq„,aiilegality: w Jeffrey-.. . e;r atzkow Count t r• ney 3 Packet Page-264- 12/10/2013 9.B. October 8, 2013 COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. MR. OCHS: Thank you, Commissioners. Item #6A PUBLIC PETITION REQUEST FROM ANTHONY P. P Lti R., ESQUIRE, REQUESTING THAT THE BOARD OF C COMMISSIONERS LOOK FAVORABLY UPON :I• • QUEST AND SIGNED PETITIONS FOR ESTABLISHME tp•F THE LA PENINSULA SEAWALL REPAIR/REPLAC k Y MUNICIPAL SERVICES BENEFIT DISTRICT (MSBU) 47 0 ON TO WORK TOWARDS ESTABLISHING THE MS : its S ' QUESTED BY A MAJORITY (65% TO 70%) OF THE PIO- • TY OWNERS AND BRING BACK TO THE BCC — AP " ' D Commissioners, that mov- "%ack to Item 6A on your agenda this morning. It is a public ,:=0+ , request from Anthony Pires, Esquire. Oh, I'm sorry. Mr. Pires is re t that the Board of County Commissioners look favorably n th request and signed petitions for establishment of La Penins ea all repair and replacement MSBU. CHAP N HILLER: Let me just --just before we move onto th. t to make sure that the documents are on the record. Is Mr. - -- s his name I I ISSIONER NANCE: Banks. C • IRWOMAN HILLER: Banks. Is Mr. Banks' letter in the record? MR. OCHS: Yes. MR. DURHAM: Yes, ma'am. CHAIRWOMAN HILLER: And I just turned in whatever had Page 82 Packet Page-265- 12/10/2013 9.B. October 8, 2013 been sent to me by way of studies as well. That's on the record also. Okay, go ahead. Hi. MR. PIRES: Madam Chairman, members of the board, for the record, Tony Pires with the law firm Woodward, Pires, & Lombardo, and thank you for allowing this item to be on the agenda for today. I've been retained by the La Peninsula Condominium Association, Inc., to represent them and provide assistance OSIO. in requesting that the Board of County Commissioners ad• ►'t ordinance and direct staff to advertise and draft an o a • 4 e to establish a municipal services benefit unit to fund L P= insula seawall repairs and/or replacement. On their behalf, I'm here today to requ- Ite oard look favorably upon the request for the establi t . d schedule a public hearing for November 12, 2013, to adopt rdinance and to have it created before the end of this year. Tb i portant from a budgetary and funding perspective. In the three-week period • -, the various individuals who have been involved on beh o ' client have mailed out and received back 125 signe •ns supporting the establishment of the MSBU, and they hav alidated by -- 126 came back; 125 were validated, and I hay.cl c y of those petitions along with the backup material for the Kda en for the record, if you wish. I can hand that to the court r e The p i;• of the district, we would request, is to repair and/or replace .� s=. all at La Peninsula located on the Isles of Capri, with the e design, repair, and/or replacement project being paid by the be'T tong property owners through special assessments and collection on the county tax bill. It's proposed that the MSBU would provide for an advisory committee to be appointed by the county commission consistent with what you have provided in other instances consisting of five members, all of whom would be permanent residents within the MSBU and Page 83 Packet Page -266- 12/10/2013 9.B. October 8, 2013 registered voters in Collier County to make recommendations to the board as to the nature and scope of the remedial action as well as the assessment methodology and professionals to be retained. It's further proposed that the determination as to the nature and scope of the remedial action as well as estimates for the design, repair, and/or replacement and the assessment methodology will be determined by the Board of County Commissioners at pub 'c ing or hearings after review of recommendations from the a' i committee at public hearings taking into account rec• I I ; ations and estimates from professionals, including profess Ina engineers retained pursuant to required statutory and co •et - -ction processes. We appreciate the opportunity to make re•uest, and it's being proposed as a financial mechanism whey by a ' eninsula property owners will be able to pay for the repair a�•► , replacement of this bal seawall by way of a Collier County assess collected on the Collier County property tax bill. The concept is to collect t ciai assessments and not ad valorem taxes to fund this p - • . he proposed concept of the MSBU is established an• • e project's scope and cost are determined at public . ► is that the county will sell bonds to fund the entire ro' a the total cost of the project would be p J p J amortized over Brio of time, perhaps 15 or 20 years or more, whatever is a► • •p . te. It's als►g • - •sed that those property owners who wish to prepay may be .L e ►• •o so, but typically the property owner will only pay the a t,10 I •mortized amount for the period of time that they own their unit. ■ We appreciate the efforts and assistance to date of the county staff, the County Manager's Office, the alternative transportation modes, or I call it the ATM department, as well as the County Attorney's Office. Therefore, we request that the board authorize the staff to prepare Page 84 Packet Page-267- 12/10/2013 9.B. October 8, 2013 the ordinance for establishing the MSBU and set the hearing for adoption of the ordinance for November 12, 2013. And, again, encompassed within that ordinance would be establishment of an advisory committee of five members. And that's just the first step in a multi-step process. CHAIRWOMAN HILLER: I'd like to make a motion t that effect. COMMISSIONER FIALA: Oh, could I make -- CHAIRWOMAN HILLER: Go ahead. You COMMISSIONER FIALA: It's my district. CHAIRWOMAN HILLER: Go ahead. I ' I t- . it's such a good idea, I get excited, you know, when so' e omes forward with, like, a very reasonable solution. So I ec•nd whatever -- COMMISSIONER FIALA: The mart- at I'm about to make. CHAIRWOMAN HILLER: . •v Commissioner Fiala says. Well, you better say the right thi• • . % . di ead. It's yours. COMMISSIONER FIAL - s I want to explain, I think that they've gone about it admir, . ey've worked together. There were many opposing vie ► -y've worked together to come up with a pretty united effort : . you can see by the petitions, and I've enjoyed working w' h= every step of the way. I'm glad they took this route, beca this ay then everything can be collected from everybody, a• : e can participate. They'll also have staffs input to guide them `n:, as they go through this process, and that's extremely importa,t; s . - 1, so I make a motion to approve. •`'t• OMAN HILLER: Can I second it? SSIONER FIALA: You may. COMMISSIONER COYLE: No, no, no, no. Your district is up north. CHAIRWOMAN HILLER: I have to share with you why I'm so supportive and excited about this. The residents of your community, Commissioner Fiala, had also come to me and asked me what I .# Page 85 Packet Page-268- ........................... 12/10/2013 9.B. October 8, 2013 thought in terms of a possible solution looking at it from, you know, the financial angle, how to best solve this problem. And the MSBU was discussed at that time, and they were just so intelligent and so understanding, and they just ran with it and got it done, which is super. You know, I was very impressed. Very professional. COMMISSIONER FIALA: We have some nice peo eS9Ay district. CHAIRWOMAN HILLER: You do. So that's , . have -- I feel I have a special place in my heart for this excel .11,.roject. COMMISSIONER COYLE: Just before A- • at -- and I hope you do second it. At least we need to ..w t e record that the majority of the property owners have, in ac , -x•ressed their approval of this process. So you -- I would like for to get that at least on the record. CHAIRWOMAN HILLER: cit, COMMISSIONER COYL • 've been told that that is true, but it should be on the record in t - ing that a majority of the property owners have, in fact, ex. - NZ 47 eir approval. MR. PIRES: An: 4, e record, there are -- as I understand it, and I could be corr- .T; . ■ my clients, because they are very intelligent and tKy do : lot of homework, that there are 176 individual property own s OM 126 submitted petitions representing 128 fav property in .`s , and 125 of those property owners' petitions were validate:o . i ere are 190 property interests, because there are some cab. ► . 'V •. ' IRWOMAN HILLER: Does that satisfy you Commissioner Coyle? COMMISSIONER COYLE: Yes. MR. PIRES: So between 65 and 70 percent, depending upon which number you use. Thank you very much, Commissioner Coyle. CHAIRWOMAN HILLER: Thank you, Commissioner Coyle. Page 86 Packet Page -269- 12/10/2013 9.B. October 8, 2013 Commissioner Henning? Commissioner Henning? COMMISSIONER HENNING: Mr. Pires, why can't this be handled by the HOA? There's HOA fees being collected now, correct? MR. PIRES: To my understanding, yes, but this is a mechanism whereby it would be allowed to be amortized as well as colleted on the property tax bills as opposed to -- the other financing -c sm may not be able to be amortized. It would be a one-tim- LIP g, which would be a substantial hardship to individual • • . - owners. P � COMMISSIONER HENNING: Okay. i COMMISSIONER COYLE: It's tax ded 4: - oo. COMMISSIONER HENNING: Hang • , o f. You're asking the county to bond m e ni- - to make improvements to private property, and the county is resp •le for that? MR. PIRES: The MSBU woul -- COMMISSIONER HE . S • at -- but what it also does is -- we have a millage cap, so that • es our millage cap. MR. PIRES: I beg to R .ecause it's a special assessment. It's not an ad valorem t. - .'i's a special assessment that's -- there's an allocation b . essment methodology as to who the benefit accrues and 7 COMMIS N HENNING: So you're saying MS -- MR. PI . CO 1 NER HENNING: -- BU will be responsible for it? 1:1'I : The residents and property owners with the MSBU ,94m ISSIONER HENNING: If they default, the county has to backstop it? No. MR. PIRES: The proposal is the special assessments be placed on the tax bill. They would have to -- they can't discreetly say I'm paying my ad valorem taxes but I'm not going to pay my special assessment. They have to pay their entire tax bill, that's the beauty of . . Page 87 Packet Page -270- 12/10/2013 9.B. October 8, 2013 having an on-roll special assessment. So there isn't -- and then if the taxes are not paid, the tax certificate gets sold at public sale, and that's a revenue source to ensure that there is that flow of funds so that the county would not be in the position or have any concerns. CHAIRWOMAN HILLER: Can you confirm that, County Attorney? MR. KLATZKOW: We're going to come back on ex cu summary. I've got some concerns about a BU; I've got n s about bonding. And it will give my staff a chance to work .11144ark Isackson's people, work with Tony Pires, and come •ac so that we're comfortable with the transaction before you ac. n -ave an ordinance to go forward on. • COMMISSIONER HENNING: O - 1, you know, the slippery slope is HOA community for•of , ou know, collect in their annual fees replacement of roofs. T is • t e infrastructure of a community, and it's a slippery sl• • - • : •ing it on and on when the HOA should have been takin• Cikc • it. CHAIRWOMAN HI .10' he question I have is, this seawall protects not just this bui • • • • - basically protects that whole peninsula, doesn't i4t)orrect. MR. PIRES: It goes around the entire area, that's correct. CHAIR HILLER: Why aren't more buildings involved in this? , M 1'1"I ,t : Briefly, this was the appropriate benefit unit, those who - a support of this particular project and scope of the project. • RWOMAN HILLER: Commissioner Henning? M ' . PIRES: And, again, there are other -- the precedence, I believe, of it established in other areas where you have either taxing units or benefit units to pay for substantial infrastructure improvements. It's not like just a roof. Because here you have a substantial opportunity for property itself, real property to be damaged Page 88 Packet Page -271- 12/10/2013 9.B. October 8, 2013 and end up in the sea. It affects the tax base of Collier County. CHAIRWOMAN HILLER: An analogy would be, for example, the Marco -- the Hideaway Beach MSTU. And what they are doing is funding the renourishment of the private portion of the beach, as I understand, if that -- is that correct? MR. PIRES: That's my understanding. I believe theirs 's a taxing unit versus a benefit unit. CHAIRWOMAN HILLER: Right. Well, regardle , principle is the same. MR. PIRES: That's correct. % CHAIRWOMAN HILLER: To basically • It - that whole corridor, if you will. MR. PIRES: Erosion control struc re ■ or ideaway Beach, is my understanding, yes. CHAIRWOMAN HILLER: Atbat too. Both, right? MR. PIRES: Yes. .. ,;, CHAIRWOMAN HILLEN, t the renourishment and erosion control structures. , MR. PIRES: That' -- • ► s'erstanding. CHAIRWOMA 1, ER: So the erosion control structures -- well, I guess the dif n• -- what Commissioner Henning is pointing out is that the er on ntrol structures are public versus the seawall, which is priv b hen the beach is private, which is analogous to the seawall, • e beach is a barrier just as readily as the seawall is a barrier •.L e• g against the waters. �. • issioner Nance? 0 I ISSIONER NANCE: Yes. I think Commissioner Henning is right, and I agree with the concerns that he has, and I'm very interested to see what County Attorney Klatzkow says about that. That having been said, I endorse this sort of a project, and I this -- I think that the determination that we need to make is very important on this, and I'll tell you why. Page 89 Packet Page-272- 12/10/2013 9.B. October 8, 2013 This is a major project. This project is in excess of$35 million. This is not a situation where an HOA or a POA has been negligent in assessing. Maybe they should have been collecting a reserve. But my point is this: We have waterfront issues -- anybody that's familiar with this knows where this is. If this repair is not done, there's going to be a catastrophic failure of a building in a major navigable waterway of Collier County and the State. This is not a li t engineering project. This is an enormous undertaking. And so I do think that the county has an interes . . public has an interest in not having a failure and, in fact, e o aging homeowners and property owners to take on th:‘i • projects simply because I think there's going to be a bunch o,.�m. And I think we can't afford to have them fail. So I believe that we need to craft a -- eed to craft an understanding to Mr. -- to Commissi on: enning's concern that we not get involved in roofs and sid- . . .nd -- CHAIRWOMAN HILLE ' ' ' • t. COMMISSIONER N •.l: -- things of that nature, but we reserve our involvement . vate endeavors and private capital construction where it e • :- ve major implications for the public if they're not undertak b: ause I believe that we're going to -- we're going to find ou . - ve 'n that position in the future more frequently. CHAIR -0 ■. N HILLER: Can I just ask a quick question? If Pelican Ba `� ' does a number of improvements to property, are all the i 03 O - ents that are done in Pelican Bay to public property or to ,;. 1 . .lic and private? Like, for example, do the streetlights go down .it' private roads or in any common areas as opposed to just the county-owned street, roads? MR. KLATZKOW: I don't know that off the top of my head, Commissioner. CHAIRWOMAN HILLER: But that's something to look into. Go ahead, Commissioner Fiala -- Coyle? Page 90 Packet Page-273- 12/10/2013 9.B. October 8, 2013 COMMISSIONER COYLE: Yeah, okay. Thank you very much. With respect to the conversation, I think it's good if we recognize that what Mr. Pires is asking us to do is really schedule a hearing for the creation of this MSBU. So the details will be worked out with the County Attorney and Mr. Pires and staff. CHAIRWOMAN HILLER: Exactly. \) COMMISSIONER COYLE: So all we're saying i h e are in agreement of bringing this back for a full hearing an i g an agreement -- CHAIRWOMAN HILLER: That's exactl COMMISSIONER COYLE: -- hope c•Itt a, will meet • everyone's concerns. CHAIRWOMAN HILLER: That's ettot y right. COMMISSIONER COYLE: Aeye can debate that whenever the time comes. CHAIRWOMAN HILLS p, absolutely. COMMISSIONER FI •: ,• d we'll also protect our waterway. COMMISSIO "' _ 6 E: Yep. COMMISSIO 'b' , ALA: Because it's not their waterway, it's our waterway, b he e going to be building this road not only for their use, but th est of the waterway use, and they're taking this load on all I,. selves. • :,= 1.\ - the idea that they want the county to be involved beca 41i,. ber one, they have access. You know, the public has a right •Ni cess from their county government, and they have an access to persons who could answer questions that they might not have otherwise, certainly not dealing with the homeowner association. So to me, I just think this is the right way to go. CHAIRWOMAN HILLER: Thank you. We have a motion and a second. „` ` Page 91 Packet Page-274- 12/10/2013 9.B. October 8, 2013 No further discussion, all in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Any opposed? '\, (No response.) CHAIRWOMAN HILLER: Motion carries un. A.1 s y. MR. PIRES: Thank you very much. We ap r, is - it. Thank you. Item #7 — Presented; Continued to later i t eting PUBLIC COMMENTS ON GENE ' /IL, T PICS NV MR. OCHS: That takes u em 7, Commissioners. Public comments on general topic . , CHAIRWOMAN ►. : And just so you know, we will be breaking at noon. Ar- I! 1 - : y public speakers? MR. MILLER. % e a'am. We have 11 registered public speakers. Your st s•, aker is -- CHAIR HILLER: Hang on a second. MR. i. L 'R: Yes, ma'am. C R *MAN HILLER: What is -- what are the subjects? i`'u LER: Some are not listed. It's public comment on generMepics, ma'am. C A RWOMAN HILLER: Okay. What I want to be sure of, again, is if we have a group of individuals who are talking on one specific topic, that we cluster them. MR. OCHS: I believe one would have to do with the oil. MR. MILLER: Yes. I have several that I think have to do with Page 92 Packet Page-275- 12/10/2013 9.B. • • • • # 4 24D I) Friday, November 29, 2013 1) NAPLES DAILY NEWS- . NOTICE OF MEETING NOTICE OF MEETING NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on December 10, 2013 in the Boardroom, 3rd Floor, Administration Building, Collier County,Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN 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. A copy of the proposed Ordinance is on file with the Clerk to the Board and is . available for inspection.All interested parties are invited to attend and be heard. • NOTE: All persons wishing to speak on any agenda item must register with the- County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group, is encouraged. If recognized by the Chairman,•a spokesperson for a group or organization may be allotted 10 minutes to speak on an rtem. Aorlorto Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered. by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing.All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim , record of the proceedings is made, which record includes the testimony and .evidence upon which the appeal is based. If you are a person with disability who needs any accommodation in order to par- ticipate in this proceeding, you are entitled, at no cost to you, to the-provision of certain assistance. - Please contact the Collier County Facilities Management Deptartment, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380.Assisted listening devices for the hearing impaired are available in the County Commission- ers'Office. • BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA GEORGIA A.HILLER,ESQ.,CHAIRWOMAN DWIGHT-E.BROCK,CLERK - • ' By:Martha Vergara;Deputy Clerk (SEAL) No 2008606 NovembeL29,2013 • Packet Page-276- 12/10/2013 9.B. • NOTICE NOTICE NOTICE OF INTENT TO USE UNIFORM METHOD OF COLLECTING NON-AD VALOREM ASSESSMENTS , . The Board of County Commissioners of Collier County, Florida hereby provides notice, pursuant to Section 197.3632(3)(a), Florida Statutes, of its intent to use the uniform method of collecting non-ad valorem special assessments to be levied over a number of years to fund the cost of providing seawall improvements and other waterway improvements. 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 MINUTES 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 SOUTH 74 DEGREES 20 MINUTES 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 0E360.46 FEET, TO A POINT OF TANGENCY; THENCE NORTH 48 DEGREES 16 MINUTES 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. The Board of County Commissioners will consider the adoption of a resolution electing to use the uniform method of collecting such assessments authorized by section 197.3632, Florida Statutes, at a public hearing to be held on December 10, 2013 at 1:30 P.M. or as soon thereafter as the matter may be heard, in the Commission Chambers, Collier County Government Center, 3299 Tamiami Trail East, 3rd Floor,Naples,Florida. All interested persons are invited to attend. Such resolution will state the need for the levy and will contain a legal description of the boundaries of the real property subject to the levy. Copies of the proposed form of resolution, which contains the legal description of the real property subject to the levy, may be obtained from the Clerk to the Board of County Commissioners at the Board Minutes and Records Department. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 1, Naples, Florida, 34112- 5356, (239) 252-8380; assisted listening devices for the hearing impaired are available in the Facilities Management Department. All affected property owners have a right to appear at the hearing and/or to file written objections with the Board of County Commissioners. Any person wishing to appeal any decision of the Board of County Commissioners with respect to any matter considered will need a record and may wish to ensure that a verbatim record is made. November 11 18&75 and DerembPr 7.2013 No 2006398 • • • Packet Page-277-