Agenda 06/14/2011 Item #16K4
Agenda Changes
Board of County Commissioners Meeting
June 14, 2011
Withdraw Item 16B2: A Resolution by the Board of County Commissioners of Collier County, Florida,
designating the parcels of land depicted in the attached Exhibits A-G associated with the Immokalee
Enterprise Zone as a Brownfield Area of Collier County for the purpose of economic development and
environmental rehabilitation; authorizing the County Manager or his designee to notify the Department of
Environmental Protection of said designation; and providing for an effective date (Staff request - wasn't
advertised)
Move Item 16C1 to Item 101: Recommendation to reject all quotes for the Lift Station 103.01 Rehabilitation
Project and re-quote Project 70046. (Commissioner Fiala request)
MOVE ITEM 16K4 TO ITEM 16F5: RECOMMENDATION
THE BOARD OF COUNTY COMMISSIONERS 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. (STAFF REQUEST-ITEM PLACED UNDER
COUNTY ATTORNEY'S REPORT IN ERROR)
Move Item 17 A to Item 8A: This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in. PUDZ-2007-
AR-12292: Cope Reserve RPUD -- An ordinance amending Ordinance Number 2004-41, the Collier County
Land Development Code, which includes the comprehensive zoning regulations for the unincorporated area
of Collier County, Florida by amending the appropriate zoning atlas map or maps; by changing the zoning
classification of the herein described real property from the Estates (E) Zoning District to the Residential
Planned Unit Development (RPUD) Zoning District for a project to be known as the Cope Reserve RPUD.
The project proposes a total of 43 single-family detached dwelling units in Section 8, Township 50 South,
Range 26 East, Collier County, Florida, consisting of 14.3:1:: acres; and by providing an effective date.
(Commissioner Fiala's request)
Move Item 17G to 8B: Recommendation to adopt an ordinance amending Chapter 49 of the Collier County
Code of Laws and Ordinances, relating to economic development, which will establish additional criteria to
be evaluated (1) when there is a request to lessen or waive certain requirements in existing economic
development ordinances and programs, and (2) when there is an application seeking grants and/or other
incentives which fall outside existing economic development ordinances and programs. (Commissioner
Hiller's request)
Note:
Item 10C: Recommendation to award a construction contract in the amount of $25,935,<170.53
$24,905,238.93 to Astaldi Construction Corporation and reserve $3,315,000.00 on the purchase order for
funding allowances, for a total of $28,220,238.93 for ITB No. 10-5342 - "SR 84 (Davis
Boulevard) Radio Road to Collier Boulevard; SR/CR 951 Intersection improvements; Collier Blvd (SR/CR
951) North to Magnolia Pond Drive; and CR 951 (Collier Boulevard) North to the E Golden Gate Canal",
Project No. 60073 and Project No. 60092. (Staff's request - typographical error in dollar amount)
Item 16D5: Recommendation to approve and authorize the Chairman to sign an amendment to the 2010
Community Development Block Grant (CDBG) Subrecipient Agreement with the Community
Redevelopment Agency (CRA) Immokalee approved on October 26, 2010 (Item HiDli) (Item 16D3). This
amendment will correct a scrivener's error and revise the scope of services on the original agreement to
include travel costs. The scope revision will not increase the previously awarded grant total. (Commissioner
Henning's request)
Item 16E2: There was a page omitted from the back up documents on the monthly change order report.
"Under item 6 of the change order report, the cost of the added service is 17 cents per member (employee or
dependent) per month". (Staff's request)
Time Certain Items for Tuesdav. June 14:
Item 9B to be heard at 9:45 a.m.
Item 9C to be heard immediately following Item 9B
Item 9F to be heard at 1 :05 p.m.
Item lOB to be heard at 10:45 a.m.
Item 10F to be heard at 2:00 p.m.
Item lIA to be heard at 12:00 noon-Closed Session
Item lIB to be heard at 1:00 p.m.
Time Certain Items for Wednesdav. June 15:
Item 10D to be heard at 10:00 a.m.
Item 10E to be heard at 9:00 a.m.
6/14/2011 8:50 AM
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6/14/2011 Item 16.KA.
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
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 and landscaping improvements to U.S. 41 entrances, 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 and landscaping
improvements to U.S. 41 entrances, all within the Pelican Bay Municipal Service Taxing
and Benefit Unit.
CONSIDERATION: The County Commission, as part of Ordinance 2002-27, as
amended by Ordinance 2006-05, 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 8,2011 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, 2011 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 2011-2012.
FISCAL IMPACT: There is no Fiscal Impact associated with this Executive Summary.
LEGAL CONSIDERATIONS: The County Attorney reviewed the Resolution and this
item is legal sufficient for Board consideration. A majority vote is required. - JAK
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6/14/2011 Item 16.KA.
Executive Summary
Page 2
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 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 sign age
replacements within the median areas and landscaping improvements to U.S. 41
entrances, all within the Pelican Bay Municipal Service Taxing and Benefit Unit.
Prepared by: Mary McCaughtry, Operations Analyst, Pelican Bay Services Division
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6/14/2011 Item 16.K.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4.
Item Summary: Recommendation that the Board of County Commissioners 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
Meeting Date: 6/14/2011
Prepared By
Name: McCaughtryMary
Title: VALUE MISSING
5/20/2011 3:33:36 PM
Submitted by
Title: VALUE MISSING
Name: McCaughtryMary
5/20/2011 3:33:37 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/25/2011 3:24:50 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/27/2011 11 :24:31 AM
Nan1e: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 6/6/2011 9:52:34 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgl11t Svs,CMO
Date: 6/6/2011 10:15:06 AM
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6/14/2011 Item 16.KA.
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6/14/2011 Item 16.KA.
RESOLUTION NO. 2011-_
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~ RESOLUTION FIXING THE DATE, TIME AND PLACE FOR THE
P~BLIC HEARING FOR APPROVING THE SPECIAL ASSESSMENT
~ON-AD VALOREM ASSESSMENT) TO BE LEVIED AGAINST THE
PROPERTIES WITHIN THE PELICAN BAY MUNICIPAL SERVICE
~'AXING AND BENEFIT UNIT FOR MAINTENANCE OF THE WATER
, NAGEMENT SYSTEM, BEAUTIFICATION OF RECREATIONAL
:ACILITIES Al\TJ) MEDIAN AREAS, AND MAINTENANCE OF
qONSERVATION OR PRESERVE AREAS, AND ESTABLISHMENT OF
GAPITAL RESERVE FUNDS FOR AMBIENT NOISE MANAGEMENT, THE
l\f1AINTENANCE OF CONSERVATION OR PRESERVE AREAS,
INCLUDING THE RESTORATION OF THE MANGROVE FOREST
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BRESERVE 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 WITIDN THE MEDIAN AREAS AND LANDSCAPING
IMPROVEMENTS TO U.S. 41 ENTRANCES, ALL WITIllN THE PELICAN
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BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT.
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WHEREAS, the Board of County Commissioners adopted Collier County Ordinance 2002-
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27, as arended, creating the Pelican Bay Municipal Service Taxing and Benefit Unit (hereinafter
"Unit") tor the purpose of providing street lighting, water management, ambient noise management,
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extraord~ary law enforcement service and beautification, including but not limited to beautification
of recreitional facilities, sidewalk, street and median areas, identification markers, the maintenance
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of cons~rvation or preserve areas, including the restoration of the mangrove forest preserve and to
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fmance !the landscaping beautification of only that portion of U.S. 41 from Pine Ridge Road to
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V ander~ilt Beach Road; and
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)VHEREAS, Section 197.3632, Florida Statutes, requires that a public hearing be held to
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adopt a Non-ad Valorem Assessment Roll for purposes of utilizing the uniform method of collection.
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~OW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
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COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
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6/14/2011 Item 16.K.4.
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. 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, 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 2011-2012.
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 2010-2011 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 8, 2011 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
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
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Prelimin~ Assessment Roll (Non-ad Valorem Assessment Roll). The Clerk shall keep a record in
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which sh~ll be inscribed, at the request of any person, firm or corporation having or claiming to have
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any inter~st in any lot or parcel of land within the Unit, the name and post office address of such
6/14/2011 Item 16.K.4.
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person, :ijrm or corporation, together with the brief description or designation of such lot or parcel.
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The Cle* shall cause the notice of such public hearing to be published one time in the Naples Daily
News, a pewspaper published in Collier County and circulating in the Unit, not less than twenty (20)
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days pri1r to said date of the hearing. Notice of such public hearing to consider the adoption of the
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PreliminlrrY Assessment Roll (Non-ad Valorem Assessment Roll) shall also be mailed first class
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mail to ~11 the property owners on the Preliminary Assessment Roll (Non-ad Valorem Assessment
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Roll) at ~he address provided for on said roll.
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SECTION FOUR. Notice of such hearing shall be in substantially the following form:
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NOTICE
ryotice is hereby given that the Board of County Commissioners of Collier County, Florida,
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will meet on Thursday, September 8, 2011 at 5:05 P.M. at The Collier County Government
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Center, $299 East Tamiami Trail, Board Room, W. Harmon Turner Building, Third Floor, Naples,
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Florida, Ifor the purpose of hearing objections, if any, of all interested persons to the adoption of the
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Preli.mi4ary Assessment Roll (Non-ad Valorem Assessment Roll) allocating the assessable costs
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includin~ Capital Reserve Funds for ambient noise management, the maintenance of conservation or
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preserv~ areas, including the restoration of the mangrove forest preserve and to fmance the
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landsca~ing beautification of only that portion of U.S.41 from Pine Ridge Road to Vanderbilt Beach
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Road; ~.s. 41 berms within tbe boundaries oftbe Unit, street sign replacements within tbe median
areas, Itdscaping improvements within the boundaries of the Unit, landscaping improvements to
the US 41 entrances within the boundaries of the Unit, the maintenance of the water management
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6/14/2011 Item 16.KA.
. 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:
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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 comer 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 of3218.56 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 comer of said Section
9; thence continue South 89 degrees 09 minutes 45 seconds West a distance of225 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, 3301 East Tamiami Trail, Naples, Florida and in
the offices of the Pelican Bay Services Division, 801 Laurel Oak Drive, Suite 605, Naples, Florida,
and is open to the inspection of the public.
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All affected property owners have a right to appear and be heard at the public hearing and to
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6/14/2011 Item 16.K.4.
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file wri~en objections to the adoption of a resolution approving the Preliminary Asse~sment Roll .
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(Non-ad iValorem Assessment Roll) with the Board within 20 days of this notice based upon the
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grounds I that it contains items which cannot be properly assessed against property, that the
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computation of the special assessment is incorrect, or there is a default or defect in the passage or
characte~ of the resolution, or the Preliminary Assessment (Non-ad Valorem Assessment) is void or
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voidable! in whole or part, or that it exceeds the power of the Board. At the completion of the
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hearing, ithe Board shall either annul or sustain or modify in whole or in part the Preliminary
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AssessmFnt (Non-ad Valorem Assessment) as indicated on such roll, either by confirming the
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Prelimin~ Assessment (Non-ad Valorem Assessment) against any or all lots or parcels described
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therein qr by canceling, increasing, or reducing the same, according to the special benefits which the
Board dJcides each such lot or parcel has received or will receive on account of such improvements.
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The ass+ment so made shall he final and conclusive as to each lot or parcel assessed unless proper
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steps are! taken within twenty (20) days with a court of competent jurisdiction to secure relief.
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]he Board will levy a Special Assessment (Non-ad Valorem Assessment) for operations and
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mainten~ce of the water management system and the beautification of the recreational areas and
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median I areas, and maintenance of conservation and preserve areas utilizing an Equivalent
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Residential Unit based methodology. The total assessment for maintenance of the water
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managebent system, beautification of recreational facilities, and median areas, and maintenance of
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conserv4tion or preserve areas is $2,621,500.00 which equates to $344.10 per Equivalent Residential
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Unit basFd on 7618.29 assessable units.
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the Board will levy a Special Assessment (Non-ad Valorem Assessment) for the
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establishment of Capital Reserve Funds for ambient noise management, the maintenance and
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restorati~m of the conservation or preserve areas, u.s. 41 berm improvements within the Unit, street
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6/14/2011 Item 16.KA.
. 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
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total assessment for these Capital Reserve Funds is $411,600.00 which equates to $54.03 per
Equivalent Residential Unit based on 7618.29 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 s~ld against the property, which may result in a loss 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
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s/ Patricia L. Morgan
Deputy Clerk
(SEAL)
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.
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6/14/2011 Item 16.K.4.
~IS RESOLUTION ADOPTED after motion, second and majority vote favoring same, this .
_d~yof ,2011.
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ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHjr' E. BROCK, CLERK COLLIER COUNTY, FLORIDA
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, Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
By:
Approv~d as to form and ,
leg sufPciency:
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