Agenda 06/26/2018 Item #16F206/26/2018
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners adopts a Resolution fixing September 6,
2018, 5:05 p.m., in the Third Floor Board Room, 3299 East Tamiami Trail, Naples, Florida, as the
date, time and place for the Public Hearing for approving the Special Assessment (Non-Ad Valorem
Assessment) to be levied against the properties within the Pelican Bay Municipal Service Taxing
and Benefit Unit for maintenance of the water management system, beautification of recreational
facilities and median areas and maintenance of conservation or preserve areas, management of the
dredging and maintenance activities for Clam Pass for the purpose of enhancing the health of the
affected mangrove forest and establishment of Capital Reserve Funds for amb ient noise
management, maintenance of conservation or preserve areas, including the restoration of the
mangrove forest, U.S. 41 berm, street signage replacements within the median areas, landscaping
improvements to U.S. 41 entrances and beach renourishment, all within the Pelican Bay Municipal
Service Taxing and Benefit Unit.
OBJECTIVE: Adopt a Resolution fixing the date, time and place for the public hearing for approving
the Special Assessment (Non-Ad Valorem Assessment) to be levied against the properties within the
Pelican Bay Municipal Service Taxing and Benefit Unit for maintenance of the water management
system, beautification of recreational facilities and median areas, and maintenance of conservation or
preserve areas, and establishment of Capital Reserve Funds for ambient noise management, maintenance
of conservation or preserve areas, including the restoration of the mangrove forest, U.S. 41 berm, street
signage replacements within the median areas, landscaping improvements to U.S. 41 entrances, and beach
renourishment, all within the Pelican Bay Municipal Service Taxing and Benefit Unit.
CONSIDERATION: The County Commission, as part of Ordinance 2002-27, as amended, related to the
creation of the Pelican Bay Municipal Services Taxing and Benefit Unit, shall hold a Public Hearing to
hear, consider and adopt the Pelican Bay Budget. There is no specific date established (other than the
time required by general budgetary law), but staff would recommend that the Board consider Thursday,
September 6, 2018 at 5:05 P.M. for the Public Hearing, to be held at The Collier County Government
Center, W. Harmon Turner Building, Board Room, 3299 East Tamiami Trail, Naples, Florida 34112.
Pursuant to Section 197.3632, Florida Statutes, a Preliminary Assessment Roll (Non-Ad Valorem
Assessment Roll) must also be adopted between January 1 and September 15, 2018 in order to insure that
the assessments can be placed on the Collier County Tax Collectors bills this year. Combining the
adoption of the Preliminary Assessment Roll (Non-Ad Valorem Assessment Roll) and the Budget Hearing
will provide for increased public awareness of the Pelican Bay Services Division's budget and assessment
for Fiscal Year 2018-2019.
FISCAL IMPACT: There is no Fiscal Impact associated with this Executive Summary.
LEGAL CONSIDERATIONS: The County Attorney reviewed the Resolution and approved this item
as to form and legality. A majority vote of the Board is required - JAK
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
Executive Summary.
RECOMMENDATION: That the Board of County Commissioners adopts a Resolution fixing the date,
time and place for the public hearing for approving the Special Assessment (Non-Ad Valorem
Assessment) to be levied against the properties within the Pelican Bay Municipal Service Taxing and
Benefit Unit for maintenance of the water management system, beautification of recreational facilities and
06/26/2018
median areas, and maintenance of conservation or preserve areas, and establishment of Capital Reserve
Funds for ambient noise management, maintenance of conservation or preserve areas, including the
restoration of the mangrove forest, U.S. 41 berm, street signage replacements within the median areas,
landscaping improvements to U.S. 41 entrances, and beach renourishment, all within the Pelican Bay
Municipal Service Taxing and Benefit Unit.
Prepared by: Lisa Jacob, Project Manager, Pelican Bay Services Division
ATTACHMENT(S)
1. Resolution - JAK signed(10) (PDF)
06/26/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.2
Doc ID: 5921
Item Summary: Recommendation that the Board of County Commissioners adopts a Resolution
fixing September 6, 2018, 5:05 p.m., in the Third Floor Board Room, 3299 East Tamiami Trail, Naples,
Florida, as the date, time and place for the Public Hearing for approving the Special Assessment (Non -Ad
Valorem Assessment) to be levied against the properties within the Pelican Bay Municipal Service Taxing
and Benefit Unit.
Meeting Date: 06/26/2018
Prepared by:
Title: Operations Analyst – Pelican Bay Services
Name: Mary McCaughtry
06/18/2018 1:50 PM
Submitted by:
Title: Manager - Pelican Bay Services – Pelican Bay Services
Name: Marion Bolick
06/18/2018 1:50 PM
Approved By:
Review:
County Manager's Office MaryJo Brock Executive Director- Corp Business Ops Skipped 06/18/2018 3:05 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/20/2018 9:02 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 06/20/2018 9:26 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/20/2018 9:26 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/20/2018 9:32 AM
Board of County Commissioners MaryJo Brock Meeting Pending 06/26/2018 9:00 AM
RESOLUTION NO. 2018-
A RESOLUTION FIXING SEPTEMBER 6,2018,5:05 P.M., IN THE THIRD
FLOOR BOARD ROOM, 3299 EAST TAMIAMI TRAIL, NAPLES,
FLORIDA, AS THE DATE, TIME AND PLACE FOR THE PUBLIC
HEARING FOR APPROVING THE SPECIAL ASSESSMENT (NON AD
VALOREM ASSESSMENT) TO BE LEVIED AGAINST THE
PROPERTIES WITHIN THE PELICAN BAY MUNICIPAL SERVICE
TAXING AND BENEFIT UNIT FOR MAINTENANCE OF THE WATER
MANAGEMENT SYSTEM, BEAUTIFICATION OF RECREATIONAL
FACILITIES AND MEDIAN AREAS, AND MAINTENANCE OF
CONSERVATION OR PRESERVE AREAS, MANAGEMENT OF THE
DREDGING AND MAINTENANCE ACTIVITIES FOR CLAM PASS FOR
THE PURPOSE OF ENHANCING THE HEALTH OF THE AFFECTED
MANGROVE FOREST AND ESTABLISHMENT OF CAPITAL RESERVE
FUNDS FOR AMBIENT NOISE MANAGEMENT, THE MAINTENANCE
OF CONSERVATION OR PRESERVE AREAS, INCLUDING THE
RESTORATION OF THE MANGROVE FOREST PRESERVE AND TO
FINANCE THE LANDSCAPING BEAUTIFICATION OF ONLY THAT
PORTION OF U.S. 41 FROM PINE RIDGE ROAD TO VANDERBILT
BEACH ROAD, BERMS, STREET SIGNAGE REPLACEMENTS WITHIN
THE MEDIAN AREAS, LANDSCAPING IMPROVEMENTS TO U.S. 41
ENTRANCES AND BEACH RENOURISHMENT, ALL WITHIN THE
PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT.
WHEREAS, the Board of County Commissioners adopted Collier County Ordinance
2002-27, as amended, creating the Pelican Bay Municipal Service Taxing and Benefit Unit
(hereinafter "Unit") for the purpose of providing street lighting, water management, ambient noise
management, extraordinary law enforcement service and beautification, including but not limited
to beautification of recreational facilities, sidewalk, street and median areas, identification
markers, the maintenance of conservation or preserve areas, including the restoration of the
mangrove forest preserve, beach renourishment, and to finance the landscaping beautification of
only that portion of U.S. 41 from Pine Ridge Road to Vanderbilt Beach Road; and
WHEREAS, Section 197.3632, Florida Statutes, requires that a public hearing be held to
adopt a Non -ad Valorem Assessment Roll for purposes of utilizing the uniform method of
collection.
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. This Resolution is adopted pursuant to the provisions of Ordinance No. 2002-
27, as amended, and other applicable provisions of law.
SECTION TWO. It is hereby found and determined that a Special Assessment which includes
the establishment of Capital Reserve Funds for ambient noise management, the maintenance of
the water management system, beautification of recreational facilities and median areas, beach
renourishment and maintenance of conservation or reserve areas within the Pelican Bay Municipal
Service Taxing and Benefit Unit is necessary for funding the required payments for the operation,
repair and maintenance of the water management system, beautification of recreational facilities
and median areas, and maintenance of conservation and preserve areas, including the restoration
of the mangrove forest preserve during Fiscal Year 2018-2019.
SECTION THREE. A public hearing before the Board of County Commissioners on the
Preliminary Assessment Roll (Non -ad Valorem Assessment Roll) of the estimated costs, including
Capital Reserve Funds for the maintenance of conservation or preserve areas, U.S. 41 berms within
the boundaries of the Unit, street sign replacements within the median areas, ambient noise
management, landscaping improvements within the boundaries of the Unit, landscaping
improvements to the U.S. 41 entrances within the boundaries of the Unit, the maintenance of the
water management system, and beautification of recreation facilities and median areas, during
Fiscal Year 2018-2019 between the County and each property owner of land within the Pelican
Bay Municipal Service Taxing and Benefit Unit will be held on Thursday, September 6, 2018 at
5:05 P.M. at The Collier County Government Center 3299 East Tamiami Trail, Board Room,
Third Floor, W. Harmon Turner Building, Naples, Florida, at which time the Board of County
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Commissioners will hear objections of the owners of the properties within the Pelican Bay
Municipal Service Taxing and Benefit Unit or other persons interested therein, to the adoption of
the Preliminary Assessment Roll (Non -ad Valorem Assessment Roll). The Clerk shall keep a
record in which shall be inscribed, at the request of any person, firm or corporation having or
claiming to have any interest in any lot or parcel of land within the Unit, the name and post office
address of such person, firm or corporation, together with the brief description or designation of
such lot or parcel. The Clerk shall cause the notice of such public hearing to be published one
time in the Naples Daily News, a newspaper published in Collier County and circulating in the
Unit, not less than twenty (20) days prior to said date of the hearing. Notice of such public hearing
to consider the adoption of the Preliminary Assessment Roll (Non -ad Valorem Assessment Roll)
shall also be mailed first class mail to all the property owners on the Preliminary Assessment Roll
(Non -ad Valorem Assessment Roll) at the address provided for on said roll.
SECTION FOUR. Notice of such hearing shall be in substantially the following form:
NOTICE
Notice is hereby given that the Board of County Commissioners of Collier County, Florida,
will meet on Thursday, September 6, 2018 at 5:05 P.M. at The Collier County Government
Center, 3299 East Tamiami Trail, Board Room, W. Harmon Turner Building, Third Floor, Naples,
Florida, for the purpose of hearing objections, if any, of all interested persons to the adoption of
the Preliminary Assessment Roll (Non -ad Valorem Assessment Roll) allocating the assessable
costs including Capital Reserve Funds for ambient noise management, the maintenance of
conservation or preserve areas, including the restoration of the mangrove forest preserve and to
finance the landscaping beautification of only that portion of U.S.41 from Pine Ridge Road to
Vanderbilt Beach Road; U.S. 41 berms within the boundaries of the Unit, street sign replacements
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within the median areas, beach renourishment, landscaping improvements within the boundaries
of the Unit, landscaping improvements to the U.S. 41 entrances within the boundaries of the Unit,
the maintenance of the water management system, and beautification of recreation facilities and
median areas within the Pelican Bay Municipal Service Taxing and Benefit Unit which comprises
and includes those lands described as follows:
A tract of land being in portions of Sections 32 and 33, Township 48 South, Range
25 East; together with portions of Sections 4, 5, 8 and 9, Township 49 South, Range 25
East, Collier County, Florida, being one and the same as the lands encompassed within the
Pelican Bay Municipal Service Taxing and Benefit Unit, the perimeter boundary of same
more particularly described as follows:
Commencing at the Southeast corner of said Section 33; thence South 89 degrees
59 minutes 50 seconds West along the South line of Section 33 a distance of 150.02 feet to
a point on the West right-of-way line of U.S. 41 (State Road 45), said point also being the
Point of Beginning; thence Southerly along the West right-of-way line of said U. S. 41
(State Road 45) the following courses: South 00 degrees 58 minutes 36 seconds East a
distance of 2.49 feet; thence South 00 degrees 55 minutes 41 seconds East a distance of
3218.29 feet; thence South 01 degrees 00 minutes 29 seconds East a distance of 3218.56
feet; thence South 00 degrees 59 minutes 03 seconds East a distance of 2626.21 feet; thence
South 01 degrees 00 minutes 18 seconds East a distance of 2555.75 feet to a point on the
North right-of-way line of Pine Road as recorded in D.B. 50, Page 490, among the Public
Records of said Collier County; thence departing said U.S. 41 (State Road 45) South 89
degrees 09 minutes 45 seconds West along said North right-of-way line a distance of
2662.61 feet; thence South 00 degrees 51 minutes 44 seconds East a distance of 70.00 feet
to a point on the North line of Seagate Unit 1 as recorded in Plat Book 3, Page 85 among
said Public Records; thence South 89 degrees 09 minutes 45 seconds West along said North
line of Seagate Unit 1 and the South line of said Section 9 a distance of 2496.67 feet to the
Southwest corner of said Section 9; thence continue South 89 degrees 09 minutes 45
seconds West a distance of 225 feet more or less to a point on the mean high water line
established May 15, 1968; thence a Northwesterly direction along said mean high water
line a distance 15716 feet more or less; thence departing said mean high water line South
80 degrees 29 minutes 30 seconds East and along the Southerly line of Vanderbilt Beach
Road (State Road 862) as recorded in D.B. 15, Page 121 among said Public Records a
distance of 7385 feet more or less to a point on said West right-of-way line of U. S. 41
(State Road 45); thence South 00 degrees 58 minutes 36 seconds East along said West
right-of-way line a distance of 2574.36 feet to the Point of Beginning.
A copy of the Preliminary Assessment Roll (Non -ad Valorem Assessment Roll) for each
lot or parcel of land to be assessed is on file at the Clerk to the Board's Office, County Government
Center, W. Harmon Turner Building, Fourth Floor, 3299 East Tamiami Trail, Naples, Florida and
[18-PEL-000891141788511] 4
in the offices of the Pelican Bay Services Division, 801 Laurel Oak Drive, Suite 302, Naples,
Florida, and is open to the inspection of the public.
All affected property owners have a right to appear and be heard at the public hearing and
to file written objections to the adoption of a resolution approving the Preliminary Assessment
Roll (Non -ad Valorem Assessment Roll) with the Board within 20 days of this notice based upon
the grounds that it contains items which cannot be properly assessed against property, that the
computation of the special assessment is incorrect, or there is a default or defect in the passage or
character of the resolution, or the Preliminary Assessment (Non -ad Valorem Assessment) is void
or voidable in whole or part, or that it exceeds the power of the Board. At the completion of the
hearing, the Board shall either annul or sustain or modify in whole or in part the Preliminary
Assessment (Non -ad Valorem Assessment) as indicated on such roll, either by confirming the
Preliminary Assessment (Non -ad Valorem Assessment) against any or all lots or parcels described
therein or by canceling, increasing, or reducing the same, according to the special benefits which
the Board decides each such lot or parcel has received or will receive on account of such
improvements. The assessment so made shall be final and conclusive as to each lot or parcel
assessed unless proper steps are taken within twenty (20) days with a court of competent
jurisdiction to secure relief.
The Board will levy a Special Assessment (Non -ad Valorem Assessment) for operations
and maintenance of the water management system and the beautification of the recreational areas
and median areas, and maintenance of conservation and preserve areas utilizing an Equivalent
Residential Unit based methodology. The total assessment for maintenance of the water
management system, beautification of recreational facilities, and median areas, and maintenance
of conservation or preserve areas is $4,176,200.00 which equates to $548.396 per Equivalent
[18-PEL-00089/1417885/11 $
Residential Unit based on 7615.29 assessable units.
The Board will levy a Special Assessment (Non -ad Valorem Assessment) for the
establishment of Capital Funds for ambient noise management, the maintenance and restoration of
the conservation or preserve areas, U.S. 41 berm improvements within the Unit, street sign
replacement within the median areas, landscaping improvements and U.S. 41 entrance
improvements within the Unit, utilizing an Equivalent Residential Unit based methodology. The
total assessment for these Capital Funds is $3,558,800.00 which equates to $467.322 per
Equivalent Residential Unit based on 7615.29 assessable units.
The Special Assessment (Non -ad Valorem Assessment) will be collected by the Collier
County Tax Collector on the owner's Ad Valorem Tax Bill pursuant to Section 197.3632, Florida
Statutes. Failure to pay the Special Assessment (Non -ad Valorem Assessment) and your property
taxes will cause a tax certificate to be sold against the property, which may result in a toss of title
to the property.
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
to be based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ANDY SOLIS, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s/ Patricia L. Morgan
Deputy Clerk
(SEAL)
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SECTION FIVE. The Clerk is hereby directed to record this Resolution in the minutes of this
Board.
SECTION SIX. This Resolution shall become effective immediately upon its passage.
THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same,
this day of 2018.
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
[ 18-PEL-00089/ 1417885/1 ]
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Un
ANDY SOLIS, CHAIRMAN