Backup Documents 11/08/2011 Item #16A16 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete muting lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to Sue Filson(line#5).
Route to Addressee(s) Office Initials Date
(List in muting order)
1.
2.
3.
4. Scott Teach,Attorney County Attorney ^ ' y l)f
5. h�, 1 zutive Manager Board of County Commissioners Z4‘.. 1
Itr�ll
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who created/prepared the executive
summary.Primary contact information is needed in the event one of the addressees above,including Sue Filson,need to contact staff for additional or missing
information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Darryl Richard,Project Manager Phone Number 252-5775
Contact
Agenda Date Item was 11-8-2011 Agenda Item Number 16(A) 16
Approved by the BCC
Type of Document Resolution Number of Original 1
Attached o7-()( ' — 2.0" Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Original document has been signed/initialed for legal sufficiency.(All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.This includes signature pages from ordinances,
resolutions,etc.signed by the County Attorney's Office and signature pages from
contracts,agreements,etc.that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
5. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified.Be aware of your deadlines!
6. The document was approved by the BCC on 11-8-2011 (enter date)and all
changes made during the meeting have been incorporated in the attached document.
The County Attorney's Office has reviewed the changes,if applicable.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05
16 ,4 161
MEMORANDUM
Date: November 16, 2011
To: Darryl Richard, Project Manager
Alternative Transportation Modes
From: Teresa Polaski, Deputy Clerk
Minutes & Records Depai tnient
Re: Resolution 2011-203:The Refund of Tax Payments paid into the Rock
Road MSTU
Attached for your records is a copy of the Resolution referenced above, (Item #16A16)
adopted by the Board of County Commissioners on November 8, 2011.
The Minutes and Record's Department will hold the original Resolution for the Board's
Official Records.
If you have any questions, please feel free to call me at 252-8411.
Thank you.
Attachment
16416
RESOLUTION NO.2011- 2 0 3
A RESOLUTION OF THE BOARD OF COUNTY COMMISIONERS OF COLLIER
COUNTY, FLORIDA, AUTHORIZING THE REFUND OF TAX PAYMENTS PAID
INTO THE ROCK ROAD IMPROVEMENT MUNICIPAL SERVICE TAXING UNIT
("MSTU") BY PROPERTY OWNER WHOSE PARCEL WAS INCORRECTLY
INCLUDED IN THE MSTU BOUNDARIES.
WHEREAS, on November 28, 2006, the Board of Collier County Commissioners
adopted Ordinance No. 2006-56, establishing the Rock Road Improvement Municipal Service
Taxing Unit;and
WHEREAS, the MSTU was created for the purpose of providing and maintaining
roadway improvements including but not limited to attendant facilities such as drainage,
sidewalks,and street lighting;and
WHEREAS,the geographical boundaries of the MSTU were originally drawn to include
all property owners adjacent to Rock Road that would enjoy the benefit of such enhanced
improvements and thus bear the responsibility of funding the enhanced maintenance of
improvements within the MSTU;and
WHEREAS, included within the original boundaries of the MSTU was a property
bearing Folio Number 002112240002 (the"Property")owned by James L. and Esther E. Swigert
(collectively,"Swigert");and
WHEREAS, on or about September 13, 2010, the County received notice from Swigert
that the Property did not have access to Rock Road but rather had direct access onto Immokalee
Road and that the Property should not have been and should be removed from the MSTU tax
rolls;and
WHEREAS, the County has confirmed from aerial photography dated from 2002 to the
present that the Property is on"No Name Lane"and that: (1)due to vegetative overgrowth there
is no passable access to Rock Road, and (2) another property owner abutting the Property has
installed a chain link fence (of unknown installation date) permanently preventing access from
the Swigert Property onto Rock Road;and
WHEREAS, Swigert has paid property taxes to the MSTU for the Property in the
following amounts and for the years identified as follows:
2007 - $484.08
16A 16
2008 - $521.30
2009 - $812.30
2010 - $967.36
Which amounts total$2,785.04;and
WHEREAS, the County revised the MSTU boundaries and removed Swigert's Property
by amending the MSTU Ordinance on June 14, 2011 but because of the date of that amendment
the Property remains subject to the 2011 tax roll and has been taxed a proposed amount of
$1,006.25 for the tax bill due November 1,2011.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
1. The above "whereas" clauses are incorporated herein in support of the Board's
finding that the Swigert Property was incorrectly included in the Rock Road
Improvement Municipal Service Taxing Unit boundaries and that James L. and Esther
E. Swigert are entitled to a refund of property taxes paid into the MSTU as follows:
• 2007 - $ 484.08
• 2008 - $ 521.30
• 2009 - $ 812.30
• 2010 - $ 967,36
Total $2,785.04
The County shall cause to be issued a refund check in the amount of$2,785.04 from
available MSTU funds made payable to the Swigerts no later than ten(10)days from
the date of execution of this Resolution.
2. Although the Swigert Property has been removed from the MSTU tax roll for 2012,
because it remained on the 2011 tax roll it has been lawfully assessed MSTU taxes
for 2011 in the amount of$1,006.25. As to that assessed amount, the County shall
cause to be issued a refund check in the amount of$1,006.25 from available MSTU
funds made payable to the Swigerts no later than ten (10) days from the date the
Swigerts provide proof that that tax amount has been paid.
2
16A 16
This resolution adopted after motion, second and majority vote favoring same, this 8th
day of November,2011.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT k.BROCK,CLERK COLLIER COUNTY,FLORIDA
•II... ..., ,,„ did.
050(ft tA).
B ,�; �� • By:
• �� FRED W.COYLE,C
A i Oat Sr
App • ,a as to fo . q d legal sufficiency:
Scott R. eac
Deputy County Attorney
Item# 110 ft I
Agenda
Date
Date , j)bl /
Rec'•
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3
Deputy Clerk