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Agenda 07/28/2009 Item #16C10Agenda Item No. 16C10 July 28, 2009 Page 1 of 20 EXECUTIVE SUMMARY Adopt a Resolution to set the date, time and place for an Advertised Public Hearing where the Board of County Commissioners will adopt Fees (Special Assessments) to be collected on the Property Tax Bills for Curbside Trash. Collection Services for the 2010 Budget Year, approve the notification to customers, and approve a budget amendment for $50,700. OBJECTIVE: Board adoption of resolutions to set the date, time and place for a public hearing to determine the fees for curbside trash collection services during the 2010 Budget Year. The adopted fees (special assessments) will be collected on the property tax bills to be mailed to owners of record in November, 2009. In addition, the Board is being asked to approve a statutorily required notification of the hearing that must be mailed, using first class postage, to each homeowner. CONSIDERATIONS: Ordinance 2005 -54, as amended, established a mandatory program for the collection of trash generated by single and multi family residential units and commercial entities in the unincorporated areas of Collier County. The mandatory ordinance (2005 -54) provides for the levy and collection of annual fees on the property tax bills for trash collection services associated with curbside (rollout carts) trash pickup. Collection of the annual fees on the property tax bill is the most cost effective collection method available to the Board. Collection percentage is approximately 100% each year. In order to use the property tax bill as the collection vehicle, Section 197.3632, F.S., required the Board to follow a specific process as outlined below: • Adoption of an intent resolution which sets the time, date and place of an advertised public hearing wherein affected property owners can comment on the fees and the process. • Provide notification of the advertised public hearing by first class mail to each affected property owner. • Conduct the advertised public hearing at the pre - determined time, date and place. • Adopt the fee or fees to be assessed on the tax bill. • Adopt a special assessment roll which identifies the rates and affected properties. This roll will be merged with the property tax roll for collection of the assessment at the time property taxes are collected. The attached resolutions and first class notifications identify a proposed or recommended fee for the FY2010 budget year identified at the Budget Workshop on June 29, 2009, and a proposed not -to- exceed fee over a five year period. Agenda Item No. 16C10 July 28, 2009 Page 2 of 20 The cost of the first class notifications, including a direct mail piece, postage, and legal advertising, is approximately $60,700. By using a not -to- exceed rate over five years, the Board can potentially avoid the cost of first class notification in the second through fifth years. If there is an unusual event that would require the Board to establish a fee above the not -to- exceed amount, new first class notifications would be required. If this does not occur, the Board will have saved the cost of notifications in these out years. The annual fees for trash collection for the past five years are presented below with the proposed fee for FY2010. Service District I Service District II ACTUAL FY2005 FY2006 FY2007 $140.34 $1.53.70 $161.06 $140.34 $144.26 $151.34 Proposed FY2008 FY2009 FY2010 $167.67 $171.74 $171.26 $157.54 $161.57 $163.18 The not -to- exceed amount is recommended to be set at $200.00. This will give the Board a certain amount of flexibility if there is an abnormal need to significantly increase landfill tipping fees. The unincorporated area of the County is divided into two (2) distinct Municipal Service Benefit Units (MSBU's) for trash collection services. The MSBU's are identified as Service District I and Service District II. Each MSBU requires an individual resolution and notification. FISCAL IMPACT: The fiscal impact is associated with the production and mailing of the first class notices and the Legal Advertising for the public hearing: • Cost of direct mailing at $0.138 cents per notice $15,100 (Approximately 109,000) Cost of postage is estimated at $0.326 cents each $35,600 (Approximately 109,000 letters) Legal advertising $10.000 $60,700 Funds are available in the Mandatory Trash Collection Fund Reserves to pay for the cost of first class notices. $10,000 was included in the Fund operating budget for legal advertising. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. It requires a simple majority vote. This item is not quasi-judicial and as such, ex parte disclosures is not required. - JBW GROWTH MANAGEMENT IMPACT: associated with this item. Agenda Item No. 16C10 July 28, 2009 Page 3 of 20 There is no Growth Management impact RECOMMENDATION: That the Board of County Commissioners approve the resolutions setting the date, time and place for a public hearing to approve a Special Assessment (non -ad valorem assessment) to be levied against the properties within each Solid Waste MSBU, Service District I and Service District 11, for solid waste collection and disposal services and approve the first class notices to be sent to all assessable units as well as approving the postage, legal advertising and mailing costs. Approval of the budget amendment for $50,700. PREPARED BY: Teresa Riesen, Revenue Manager, Utility Billing and Customer Service Page IofI Agenda Item No. 16C10 July 28, 2009 Page 4 of 20 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C10 Item Summary: Adopt a Resolution to set the date, time and place for an Advertised Public Hearing where the Board of County Commissioners will adopt Fees (Special Assessments) to be collected on the Property Tax Bills for Curbside Trash Collection Services for the 2010 Budget Year, approve the notification to customers, and approve a budget amendment for $50,700. Meeting Date: 7128/2009 9:00:00 AM Approved By Joseph Bellone Operations Supervisor Date Public Utilities Public Utilities Operations 6/17/2009 2:45 PM Approved By Teresa Riesen Revenue Manager Date Public Utilities UBCS 6/17/2009 3:06 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 6/22/2009 3:26 PM Approved By Jennifer A. Belpedio Assistant County Attorney Date County Attorney County Attorney Office 7/712009 3:22 PM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 718/2009 2:49 PM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 7/912009 8:54 AM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 7/912009 9 :28 AM Approved By Randy Greenwald Management/Budget Analyst Date County Manager's Office Office of Management & Budget 7/912009 11:01 AM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County County Manager's Office 7113/2009 11:04 AM Commissioners file: / /C: \AgendaTest \Export\ 133 -July %2028, %202009\ 16. %2000NSENT %20AGENDA\ 1... 7/22/2009 Agenda Item No. 16C10 July 28, 2009 Page 5 of 20 RESOLUTION NO. 2009 - 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 SOLID WASTE MUNICIPAL SERVICE BENEFIT UNIT, SERVICE DISTRICT NO. I FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICES. WHEREAS, the Board of County Commissioners of Collier County Florida intends to finance the collection and disposal of solid waste through the levy of special assessments (non -ad valorem assessments) against residential units as defined in Collier County Ordinance No. 2005 -54, as amended, that are benefited by the collection and disposal services. Said properties are located within the boundaries of Solid Waste Municipal Service Benefit Unit, Service District No. I as described in Collier County Ordinance No. 2005 -54 as amended, and more particularly described herein; 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 collection. 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 Section 197.3632, Florida Statues, Ordinance No. 2005 -54, as amended, and other applicable provisions of law. SECTION TWO: It is hereby found and determined that a special assessment for the collection and disposal services for the Solid Waste Municipal Service Benefit Unit, Service District No. I is necessary for funding the required payments for said collection and disposal for a period of five (5) years beginning fiscal year 2010 and ending fiscal year 2014. 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 to fund the collection and disposal of solid waste in Solid Waste Municipal Service Benefit Unit, Service District No. I for a period of five (5) years beginning fiscal year 2010 and ending with fiscal year 2014 between the County and each property owner of lands within the Solid Waste Municipal Service Benefit Unit, Service District No. I will be held on September 15, 2009 beginning at 9:00 a.m., in the Board of County Commissioners' Boardroom, Third Floor, W. Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida, at which time the Board of County Commissioners will hear objections from the Agenda item No. 16010 July 28, 2009 Page 6 of 20 owners of the properties within the Solid Waste Municipal Service Benefit Unit, Service District No. I 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 said 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 to all property owners in Solid Waste Municipal Service Benefit Unit, Service District No. I as listed on the preliminary roll (non -ad valorem assessment roll) at the address provided for on said roll. form: SECTION FOUR: Notice of such hearing shall be in substantially the following NOTICE Notice is hereby given that the Board of County Commissioners of Collier County, Florida, will meet on September 15, 2009, beginning at 9:00 a.m., in the Board of County Commissioners' Boardroom, Third Floor, W. Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida, for the purpose of hearing objections, if any, by all interested persons to the adoption of the preliminary assessment roll (non -ad valorem assessment roll) allocating the assessable costs for collection and disposal of solid waste within Solid Waste Municipal Service Benefit Unit, Service District No. I which comprises and includes those lands described as follows: Beginning at the intersection of the North line of Section 6,Township 48 South, Range 25 East also known as the Lee - Collier county line and the eastern shoreline of the Gulf of Mexico; thence easterly along said Lee - Collier county line to the northeast corner of Section 12,Township 48 South, Range 26 East; thence north along the east line of Range 26 East, Township 48 South to the northwest corner of Section 6, Township 48 South, Range 27 East, thence east along the north line of Sections 6,5,4,3,2 and 1 of Township 47 South, Range 27 East to the northwest corner of Section 1, Township 48 South, Range 27 East; thence north along the range line of Ranges 27 and 28 East to the northwest corner of Section 30, Township 47 South, Range 28 East, also known as the center line of Immokalee Road (CR 846); thence east along the north section lines of Sections 30,29, 28, 27, 26 and 25 of Township 47 South, Range 28 East to the northeast corner of Section 25, Township 47 South, Agenda Item No. 16010 July 28, 2009 Page 7 of 20 Range 28 East; thence south along the range line for Ranges 28 and 29 East to the northeast comer of Township 49 South and Range 28 East; thence east along the township line for Townships 48 and 49 South to the northeast corner of Township 49 South and Range 30 East; thence south along the range line for Ranges 30 and 31 East to the northeast corner of Township 52 South and Range 30 East; thence east along the township line for Townships 51 and 52 South to the northeast corner of Township 52 South and Range 31 East; thence south along the range line for Ranges 31 and 32 East to the northeast corner of Township 53 South and Range 31 East; thence east along the township line of Townships 52 and 53 South to the northeast corner of Township 53 South and Range 34 East, also being known as the Collier -Miami -Dade county line; thence south along said county line to the southeast corner of Section 36, Township 53 South, Range 34 East, also being known as the Collier - Monroe county line; thence west along said county line to the eastern shoreline of the Gulf of Mexico; thence westerly and northerly along the waters of the Gulf of Mexico to the Lee - Collier county line being the north line of Section 6, Township 48 South, Range 25 East and being the Point of Beginning. Less and except all the lands located within the corporate limits of the City of Naples and Everglades City. Also, less and except all coastal barrier islands as defined by Section 161.54 (2), Florida Statutes, which are not accessible by bridges or causeways. On October 11, 2005 the .Board of Collier County Commissioners entered into an Interlocal Agreement with the City of Everglades City to provide trash collection services as provided in Service District No. I. 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 Collier County Utility Billing and Customer Service Department, 4420 Mercantile Avenue, Naples, FL 34104 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 in part, or that it exceeds the power of the Board. At the completion of Agenda Item No. 16C10 July 28, 2009 Page 8 of 20 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 from the collection and disposal of solid waste. 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 competent jurisdiction to secure relief. The Board will levy a special assessment (non -ad valorem assessment) for collection and disposal of solid waste based on the methodology of the number of equivalent residential units located on the property. The total assessment for collection and disposal of solid waste shall not exceed $200.00 per equivalent residential unit per year for the next five (5) years commencing fiscal year 2010 and ending fiscal year 2014. This special assessment (non -ad valorem assessment) will be collected by the Collier County Tax Collector on the owner's non -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 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. The record shall include the testimony and evidence upon which the appeal is to be based. SECTION FIVE: The Clerk is hereby ordered and directed to spread this Resolution in full among the minutes of this meeting for permanent record in his office. SECTION SIX: This Resolution shall become effective immediately upon its' passage. This Resolution adopted this day of 2009, after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approval as to form and legal Sufficiency: Jenny White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN Agenda Item No. 16C10 July 28, 2009 Page 9 of 20 RESOLUTION NO. 2009 - 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 SOLID WASTE MUNICIPAL SERVICE BENEFIT UNIT, SERVICE DISTRICT NO. II FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICES. WHEREAS, the Board of County Commissioners of Collier County Florida intends to finance the collection and disposal of solid waste through the levy of special assessments (non -ad valorem assessments) against residential units as defined in Collier County Ordinance No. 2005 -54, as amended, that are benefited by the collection and disposal services. Said properties are located within the boundaries of Solid Waste Municipal Service Benefit Unit, Service District No. II as described in Collier County Ordinance No. 2005 -54 as amended, and more particularly described herein; 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 collection. 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 Section 197.3632, Florida Statutes, Ordinance No. 2005 -54, as amended, and other applicable provisions of law. SECTION TWO: It is hereby found and determined that a special assessment for the collection and disposal services for the Solid Waste Municipal Service Benefit Unit, Service District No. Il is necessary for funding the required payments for said collection and disposal for a period of five (5) years commencing fiscal year 2010 and ending fiscal year 2014. 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 to fund the collection and disposal of solid waste in Solid Waste Municipal Service Benefit Unit, Service District No. II for a period of five (5) years commencing fiscal year 2010 and ending fiscal year 2014 between the County and each property owner of lands within the Solid Waste Municipal Service Benefit Unit, Service District No. II will be held on September 15 2009 beginning at 9:00 a.m. in the Board of County Commissioners' Boardroom, Third Floor, W. Harmon Turner Building, 3301 Agenda Item No. 16C10 July 28, 2009 Page 10 of 20 East Tamiami Trail, Naples, Florida, at which time the Board of County Commissioners will hear objections from the owners of the properties within the Solid Waste Municipal Service Benefit Unit, Service District No. II 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 said 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 to all property owners in Solid Waste Municipal Service Benefit Unit, Service District No. II as listed on the preliminary roll (non -ad valorem assessment roll) at the address provided for on said roll. form: SECTION FOUR: Notice of such hearing shall be in substantially the following NOTICE Notice is hereby given that the Board of County Commissioners of Collier County, Florida, will meet on September 15, 2009, beginning at 9:00 a.m., in the Board of County Commissioners' Boardroom, Third Floor, W. Hannon Turner Building, 3301 East Tamiami Trail, Naples, Florida, for the purpose of hearing objections, if any, by all interested persons to the adoption of the preliminary assessment roll (non -ad valorem assessment roll) allocating the assessable costs for collection and disposal of solid waste within Solid Waste Municipal Service Benefit Unit, Service District No. II which comprises and includes those lands described as follows: Beginning at the northwest corner of Township 47 South, Range 27 East, Collier County, Florida; thence east along the Collier -Lee county line also the township line to the northeast corner of Township 47 South, Range 27 East; thence north along the Collier - Lee county line also the range line to the northwest corner of Township 46 South, Range 28 East; thence east along the Collier -Hendry county line also the township line for Townships 45 and 46 South to the northeast corner of Township 46 South, Range 30 East; thence south along the Collier -Hendry county line also the range line of Ranges 30 and 31 East to the southeast corner of Township 48 South, Range 30 East; thence west along the township line for Agenda Item No. 16C10 July 28, 2009 Page 11 of 20 Townships 48 and 49 South to the southwest corner of Township 48 South, Range 29 East; thence north along range line for Ranges 28 and 29 East to the southwest corner of Section 19, Township 47 South, Range 29 East; also being known as the center line of Immokalee Road (CR 846); thence west along the south line of Sections 24, 23, 22, 21, 20 and 19 of Township 47 South, Range 28 East to the southeast corner of Section 24, Township 47 South, Range 27 East; thence south along the range line for Ranges 27 and 28 East to the southeast corner of Township 47 South, Range 27 East; thence west along the township line for Townships 47 and 48 South to the southwest corner of Township 47 South and Range 27 East; thence north along the range lines for Ranges 26 and 27 East to the northwest corner of Township 47 South, Range 27 East, being 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 Collier County Utility Billing and Customer Service Department, 4420 Mercantile Avenue, Naples, FL 34104 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 can not 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 from the collection and disposal of solid waste. 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 collection and disposal of solid waste based on the methodology of the number of equivalent residential Agenda Item No. 16010 July 28, 2009 Page 12 of 20 units located on the property. The total assessment for collection and disposal of solid waste shall not exceed $200.00 per equivalent residential unit per year for the next five (5) years commencing fiscal year 2010 and ending fiscal year 2014. This special assessment (non -ad valorem assessment) will be collected by the Collier County Tax Collector on the owner's non -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 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. The record shall include the testimony and evidence upon which the appeal is to be based. SECTION FIVE: The Clerk is hereby ordered and directed to spread this Resolution in full among the minutes of this meeting for permanent record in his office. SECTION SIX: This Resolution shall become effective immediately upon its passage. This resolution adopted this day of 2009, after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA , Deputy Clerk Approval as to form and legal Sufficiency: Jennife B. White Assistant County Attorney DONNA FIALA, CHAIRMAN Agenda Item No. 16C10 July 28, 2009 Page 13 of 20 Dear Collier County Property Owner: The enclosed first class notice is to inform you that on September 15, 2009 the BCC will consider adoption of a resolution placing the annual Solid Waste Mandatory Collection and Disposal Assessment on the non -ad valorem portion of your property tax bill. This special assessment has been on the non -ad valorem portion of the tax bill since 1996. The previous resolutions to place the assessment on the non -ad valorem portion of the tax bill has ended. Per State Statute (197.3632), Collier County must adopt a new resolution and notify all affected properties by first class mail. The special assessment you receive in November on your tax bill will cover the service period of October 1, 2009 through September 30, 2010. The rate for Service District No. I (serviced by Waste Management) is proposed at $171.26 /unit/year. This rate is only a proposed rate and can be increased up to and not to exceed the rate of $200 / unit/year over the next five year period. The notice enclosed is established to allow the billing of the assessment to appear on the non -ad valorem portion of the tax bill and not to exceed the rate of $200 /unit/year assessed. Your services include the following: Twice -a -week trash collection, once -a -week recycling collection, once -a -week bulky item collection, and once -a -week yard waste collection. Collier County currently recycles magazines, all plastics with a chasing arrow, steel and aluminum cans, newspaper and all glass. We encourage you to recycle to help keep the cost of service down. Please read the enclosed first class notice to make sure that the unit(s) for which you are being assessed are correct. If you have additional questions or would like someone from the Collier County Utility Billing and Customer Service Department to contact you about your specific account, please call (239) 252 -2380 — choose Option 2. The enclosed first class notice establishes a date, place and time for a public hearing on the process to place the Solid Waste Mandatory Trash and Disposal Assessment on the non -ad valorem portion of the tax bill. The date, time and location is September 15, 2009 at the regular public hearing beginning at 9:00 a.m. in the W. Harmon Turner Administration Building at 3301 Tamiami Trail East. Thank you for your cooperation. Please call us if you have any billing or service concerns or requests. Sincerely, Utility Billing and Customer Service Mandatory Solid Waste Collections Agenda Item No. 16C10 July 28, 2009 Page 14 of 20 Dear Collier County Property Owner: The enclosed first class notice is to inform you that on September 15, 2009 the BCC will consider adoption of a resolution placing the annual Solid Waste Mandatory Collection and Disposal Assessment on the non -ad valorem portion of your property tax bill. This special assessment has been on the non -ad valorem portion of the tax bill since 1996. The previous resolutions to place the assessment on the non -ad valorem portion of the tax bill has ended. Per State Statute (197.3632), Collier County must adopt a new resolution and notify all affected properties by first class mail. The special assessment you receive in November on your tax bill will cover the service period of October 1, 2009 through September 30, 2010. The rate for Service District No. II (serviced by Immokalee Disposal) is proposed at $163.18 / unit/year. This rate is only a proposed rate and can be increased up to and not to exceed the rate of $200 /unit/year over the next five year period. The notice enclosed is established to allow the billing of the assessment to appear on the non -ad valorem portion of the tax bill and not to exceed the rate of $200 / unit/year assessed. Your services include the following: Twice -a -week trash collection, once -a -week recycling collection, once -a -week bulky item collection, and once -a -week yard waste collection. Collier County currently recycles magazines, all plastics with a chasing arrow, steel and aluminum cans, newspaper and all glass. We encourage you to recycle to help keep the cost of service down. Please read the enclosed first class notice to make sure that the unit(s) for which you are being assessed are correct. If you have additional questions or would like someone from the Collier County Utility Billing and Customer Service Department to contact you about your specific account, please call (239) 252 -2380 — choose Option 2. The enclosed first class notice establishes a date, place and time for a public hearing on the process of placing the Solid Waste Mandatory Trash and Disposal Assessment on the non -ad valorem portion of the tax bill. The date, time and location is September 15, 2009 at the regular public hearing beginning at 9:00 a.m. in the W. Harmon Turner Administration Building at 3301 Tamiami Trail East. Thank you for your cooperation. Please call us if you have any billing or service concerns or requests. Sincerely, Utility Billing and Customer Service Mandatory Solid Waste Collections Agenda Item No. 16C10 July 28, 2009 Page 15 of 20 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA SOLID WASTE, MUNICIPAL SERVICE BENEFIT UNIT, SERVICE DISTRICT NO. I SPECIAL ASSESSMENT (NON -AD VALOREM ASSESSMENT COLLIER COUNTY, FLORIDA ** *THIS IS NOT A BILL — DO NOT PAY * ** Property Owner and Mailing Address Folio No. Property Description: Assessable Units: Preliminary Assessment Amount: Dear Property Owner: NOTICE Notice is hereby given that the Board of County Commissioners of Collier County, Florida, will meet on September 15, 2009, beginning 9:00 a.m. in the Board of County Commissioners' Boardroom, Third Floor, W. Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida, for the purpose of hearing objections, if any, by all interested persons to the adoption of the preliminary assessment roll (non -ad valorem assessment roll) allocating the assessable costs for collection and disposal of solid waste within Solid Waste Municipal Service Benefit Unit, Service District No. I which comprises and includes those lands described as follows: Beginning at the intersection of the North line of Section 6,Township 48 South, Range 25 East also known as the Lee - Collier county line and the eastern shoreline of the Gulf of Mexico; thence easterly along said Lee - Collier county line to the northeast corner of Section 12,Township 48 South, Range 26 East; thence north along the east line of Range 26 East, Township 48 South to the northwest corner of Section 6, Township 48 South, Range 27 East, thence east along the north line of Sections 6,5,4,3,2 and 1 of Township 47 South, Range 27 East to the northwest corner of Section 1, Township 48 South, Range 27 East; thence north along the range line of Ranges 27 and 28 East to the northwest corner of Section 30, Township 47 South, Range 28 East, also known as the center line of Immokalee Road (CR 846); thence east along the north section lines of Sections 30,29, 28, 27, 26 and 25 of Township 47 South, Range 28 East to the northeast corner of Agenda Item No. 16C10 July 28, 2009 Page 16 of 20 Section 25, Township 47 South, Range 28 East; thence south along the range line for Ranges 28 and 29 East to the northeast corner of Township 49 South and Range 28 East; thence east along the township line for Townships 48 and 49 South to the northeast corner of Township 49 South and Range 30 East; thence south along the range line for Ranges 30 and 31 East to the northeast corner of Township 52 South and Range 30 East; thence east along the township line for Townships 51 and 52 South to the northeast corner of Township 52 South and Range 31 East; thence south along the range line for Ranges 31 and 32 East to the northeast corner of Township 53 South and Range 31 East; thence east along the township line of Townships 52 and 53 South to the northeast corner of Township 53 South and Range 34 East, also being known as the Collier- Miami -Dade county line; thence south along said county line to the southeast corner of Section 36, Township 53 South, Range 34 East, also being known as the Collier- Monroe county line; thence west along said county line to the eastern shoreline of the Gulf of Mexico; thence westerly and northerly along the waters of the Gulf of Mexico to the Lee - Collier county line being the north line of Section 6, Township 48 South, Range 25 East and being the Point of Beginning. Less and except all the lands located within the corporate limits of the City of Naples. Also, less and except all coastal barrier islands as defined by Section 161.54 (2), Florida Statutes, that are not accessible by bridges or causeways. On October 11, 2005 the Board of Collier County Commissioners entered into an Interlocal Agreement with the City of Everglades City to provide trash collection services as provided in Service District No. I. A copy of the preliminary assessment roll (non -ad valorem 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 Collier County Utility Billing and Customer Service Department, 4420 Mercantile Avenue, Naples, FL 34104, 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 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 from the collection and disposal of solid waste. 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 collection and disposal of solid waste based on the methodology of the number of equivalent residential units located on the property. The total assessment for collection and disposal of solid waste shall not exceed $200.00 per equivalent residential unit per year for the next five (5) years commencing fiscal year 2010 and ending fiscal year 2014. This 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 loss of title to the property. Agenda Item No. 16C10 July 28, 2009 Page 17 of 20 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. The record shall include the testimony and evidence upon which the appeal is to be based. If you have any questions regarding the preliminary assessment roll, please contact the Utility Billing and Customer Service Department at (239) 252 -2380. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN, DWIGHT E. BROCK, CLERK By: /s /Trish' Morgan Deputy Clerk Agenda Item No. 16C10 July 28, 2009 Page 18 of 20 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA SOLID WASTE, MUNICIPAL SERVICE BENEFIT UNIT, SERVICE DISTRICT NO. 11 SPECIAL ASSESSMENT (NON -AD VALOREM ASSESSMENT COLLIER COUNTY, FLORIDA ** *THIS IS NOT A BILL — DO NOT PAY *** Property Owner and Mailing Address Folio No. Property Description: Assessable Units: Preliminary Assessment Amount: Dear Property Owner: NOTICE Notice is hereby given that the Board of County Commissioners of Collier County, Florida, will meet on September 15, 2009, beginning at 9:00 a.m., in the Board of County Commissioners' Boardroom, Third Floor, W. Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida, for the purpose of hearing objections, if any, by all interested persons to the adoption of the preliminary assessment roll (non -ad valorem assessment roll) allocating the assessable costs for collection and disposal of solid waste within Solid Waste Municipal Service Benefit Unit, Service District No. II which comprises and includes those lands described as follows: Beginning at the northwest corner of Township 47 South, Range 27 East, Collier County, Florida; thence east along the Collier -Lee county line also the township line to the northeast corner of Township 47 South, Range 27 East; thence north along the Collier -Lee county line also the range line to the northwest corner of Township 46 South, Range 28 East; thence east along the Collier -Hendry county line also the township line for Townships 45 and 46 South to the northeast corner of Township 46 South, Range 30 East; thence south along the Collier -Hendry county line also the range line of Ranges 30 and 31 East to the southeast corner of Township 48 South, Range 30 East; thence west along the township line for Townships 48 and 49 South to the southwest corner of Township 48 South, Range 29 East; thence north along range line for Ranges 28 and 29 East to the southwest corner of Section 19, Township 47 South, Range 29 East; also being known as the center line of Immokalee Road (CR 846); thence west along the south line of Sections 24, 23, 22, 21, 20 and 19 of Township 47 South, Range 28 East to the southeast corner of Section 24, Township 47 South, Range 27 East; thence south along the range line for Ranges 27 and 28 East to the Agenda Item No. 16C10 July 28, 2009 Page 19 of 20 southeast corner of Township 47 South, Range 27 East; thence west along the township line for Townships 47 and 48 South to the southwest corner of Township 47 South and Range 27 East; thence north along the range lines for Ranges 26 and 27 East to the northwest corner of Township 47 South, Range 27 East, being the Point of Beginning. A copy of the preliminary assessment roll (non -ad valorem 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 Collier County Utility Billing and Customer Service Department, 4420 Mercantile Avenue, Naples, FL 34104, 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 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 from the collection and disposal of solid waste. 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 collection and disposal of solid waste based on the methodology of the number of equivalent residential units located on the property. The total assessment for collection and disposal of solid waste shall not exceed $200.00 per equivalent residential unit per year for the next five (5) years commencing fiscal year 2010 and ending fiscal year 2014. This 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 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. The record shall include the testimony and evidence upon which the appeal is to be based. If you have any questions regarding the preliminary assessment roll, please contact the Utility Billing and Customer Service Department at (239) 252 -2380. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Trish Morgan Deputy Clerk Agenda Item No. 18C10 July 28.2OOQ Page 20of20 � Collier County, Florida Waste Management Districts - AS Collier County, Florida Waste Management Districts