Agenda 07/12/2022 Item #16F 2 (Resolution fixing September 8, 2022, 5:05 pm as date time and place for Public Hearing for Special Assessment)07/12/2022
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution fixing September 8, 2022, 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, 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, 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.
OBJECTIVE: To 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
beachrenourishment, all within the Pelican Bay Municipal Service Taxing and Benefit Unit.
CONSIDERATIONS: 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 8, 2022 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 I and September 15, 2022 to ensure 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 2022-2023.
FISCAL IMPACT: There is no Fiscal Impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
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
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07/12/2022
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.
Prepared By: Karin Herrmann, Operations Analyst, Pelican Bay Services Division
ATTACHMENT(S)
1. Resolution - Pelican Bay Special Assessment fix time and place - JAK (PDF)
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07/12/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 161.2
Doc ID: 22582
Item Summary: Recommendation to adopt a Resolution fixing September 8, 2022, 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, 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, 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.
Meeting Date: 07/12/2022
Prepared by:
Title: Project Manager — Pelican Bay Services
Name: Lisa Jacob
06/20/2022 9:59 AM
Submitted by:
Title: Project Manager — Pelican Bay Services
Name: Lisa Jacob
06/20/2022 9:59 AM
Approved By:
Review:
Pelican Bay Services Karin Herrmann Additional Reviewer Completed 06/2012022 1:23 PM
Pelican Bay Services Chad Coleman Mgr - PBSD Completed 06/20/2022 1:35 PM
County Attorney's Office Jeffrey A. Klatzkow Level 2 Attorney Review Completed 06/21/2022 9:07 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/21/2022 9:07 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/21/2022 9:09 AM
Office of Management and Budget Laura Zautcke Additional Reviewer
Facilities Management Ed Finn Additional Reviewer
County Managers Office Amy Patterson Level 4 County Manager Review
Board of County Commissioners Geoffrey Willig Meeting Pending
Completed 06/24/2022 12:50 PM
Completed 06/28/2022 10:28 PM
Completed 07/06/2022 3:58 PM
07/12/2022 9:00 AM
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RESOLUTION NO. 2022-
A RESOLUTION FIXING THE DATE, TIME AND PLACE FOR THE PUBLIC
HEARING FOR APPROV NG THE SPECIAL ASSESSMENT (NON -AD
VALOREM ASSESSMENT) TO BE LEVIED AGAINST THE
PROPERTIES WITHIN THE PELICAN BAY MUNICIPAL SERV CE:
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
MANGROV FOREST AND ESTABLISHMENT OF CAPITAL RESERVE
FUNDS FOR AMBIENT NOISE MANAGEMENT, THE MAINTENANCE
OF CONSERVATION OR PRESERV EAREAS, 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 ANEW RBILT
BEACH ROAD, BERMS, STREET SIGNAGE REPLACEMENTS WITHIN
THE MEDIAN AREAS, LANDSCAPING IMPROV IMENTS 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
renOUrisliment, 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 LltiliZing the uniform method of 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 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
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tile establishment of Capital Reserve FLInds for arribient noise management, tile maintenance of the
water management system, beaLitifiCation of recreational facilities and median areas, beach
rellOL11-ishrrient and maintenance of conservation or reserve areas within the Pelican Bay MLIllicipal
Service Taxing and Benefit Unit is necessary for ftinding the reqUired payments for the operation,
repair and maintenance of the water management system, beat-Itification of recreational facilities and
median areas, and maintenance of conservation and preserve areas, inClUding the restoration of tile
mangrove forest preserve dUring Fiscal Year 2022-2023.
SECTION THREE, A pLiblic hearing before the Board Of COLInty Commissioners oil the
Preliminary Assessment Roll (Non -ad Valorem Assessment Roll) of the estimated costs, inClUding
Capital Reserve FLInds for the maintenance of conservation or preserve areas, U.S. 4 1 bernis withill
the bOLIndaries of the Unit, street sign replacernents within the median areas, ambient noise
management, landscaping improvements within the bOLIndaries of the Unit, landscaping improvements to
the U.S. 4 1 entrances within the bOL111daries of the Unit, the maintenance of the water management
systern, and beaUtification of recreation facilities and median areas, di-11-ing Fiscal Year 2022-2023
between the COLInty and each property owner of land within the Pelican Bay IVILInicipal Service Taxing and
Benefit Unit will be held oil Thursday, September 8, 2022 at 5:05 P.M. at Tile Collier COLInty
Government Center 3299 East Tarniarni Trail, Board Roorn, Third Floor, W. Harmon TUrner BUilding,
Naples, Florida, at which tirne the Board Of COLInty Commissioners will hear objections of the owners of
the properties within the Pelican Bay MLIllicipal Service Taxing and Beilefit 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
narne and post office address Of SLICII person, firm 01' Corporation, together with the brief description
or designation Of SLICII lot or parcel. The Clerk shall caLlse the notice Of SLICII pLiblic hearing to be
pLiblished one tirne in the Naples Daily News, a newspaper pLiblislied in Collier COLInty and cirCLIlatingin
the Unit, not less than twerity (20) days prior to said date of the hearing. Notice Of SLICII 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 oil the Preliminary Assessment Roll (Non -Ad
Valorem Assessment Roll) at the address provided For oil said roll.
SECTION FOUR, Notice Of SLICII hearing shall be in SLibstantially the following forill:
Notice is hereby given that the Board of COLIIlty Commissioners of Collier COLInty, Florida,
will ineet oil Thursday, September 8, 2022 at 5:05 P.M. at The Collier COLInty Government Center, 3299
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East Tamiami Trail, Board Room, W. Harmon TUrner BUilding, Third Floor, Naples, Florida, for tile
pLirpose of hearing objections, if any, of all interested persons tothe adoption of the Preliminary Assessment
Roll (Non -ad Valorem Assessment Roll) allocating the assessable Costs illClUding Capital Reserve FI-Inds
for ambient noise management, the maintenance of conservation or preserve areas, illClUding tile
restoration of the mangrove forest preserve and to firiance the landscaping beaLltification of only that
portion of U.S.41 from Pine Ridge Road to Vanderbilt Beach Road; U.S. 41 berms within the
boundaries of tile Unit, street sign replacements within the median areas, beach rellOL11-ishment,
landscaping improvements within the bOLlildaries of the Unit, landscaping improvements to the U.S.
41 entrances within the bOLIndaries of the Unit, the maintenance of the water management system, and
beaLltification of recreation facilities and median areas within the Pelican Bay MLIlliCipal Service
Taxing and Benefit Unit which comprises and HICILides those lands described as follows:
A tract of land being ill portions of Sections 32 and 33, Township 48 SOLIth, Range
25 East; together with portions of Sections 4, 5, 8 and 9, Township 49 SOLIth, Range 25 East,
Collier COLInty, Florida, being one and the same as the lands encompassed within tile Pelican
Bay MI-Illicipal Service Taxing and Benefit Unit, the perimeter bOLIndary of same more
partiCUlarly described as follows:
Commencing at the SOLItheast corner of said Section 33; thence SOLIth 89 degrees 59
IIIIIII-Ites 50 seconds West along the SOLIth line of Section 33 a distance of 150.02 feet to a point
oil the West right-of-way line of U.S. 4 1 (State Road 45), said point also being tile Point of
Beginning; thence SOLItherly along the West right-of-way line of said U.S. 4 1 (State Road 45)
the f011OWillg COUrses: SOLIth 00 degrees 58 IllillUtes 36 seconds East a distance of 2.49 feet;
thence SOLIth 00 degrees 55 lllilILItes 4 1 seconds East a distance of 32 18.29 feet; thence SOLIth
0 1 degrees 00 IllillLites 29 seconds East a distance of 32 18.56 feet; thence SOLIth 00 degrees
59 IllilILItes 03 seconds East a distance of 2626.2 1 feet; thence SOLIth 0 1 degrees 00 IllillLites
18 seconds East a distance of 2555.75 feet to a point oil the North right-of-way line of Pine
Road as recorded ill D.B. 50, Page 490, among the PUblic Records of said Collier COLIllty;
thence departing said U.S. 4 1 (State Road 45) SOLIth 89 degrees 09 lllillLltes 45 seconds West
along said North right-of-way line a distance of 2662.61 feet; thence SOLIth 00 degrees 51
IlliIII-Ites 44 seconds East a distance of 70.00 feet to a point oil the North line of Seagate Unit
I as recorded ill Plat Book 3, Page 85 arriong said PUblic Records; thence SOLIth 89 degrees
09 1111111.1tes 45 seconds West along said North line of Seagate Unit I and tile SOLIth lille of
said Section 9 a distance of 2496.67 feet to the SOLIthwest corner of said Section 9; thence
C011tillLie SOLIth 89 degrees 09 IlliIII-Ites 45 seconds West a distance of 225 feet more or less to
a point oil the mean high water line established May 15, 1968; thence a Northwesterly
direction along said mean highwater lineadistance 15716 feet more or less; thence departing
said mean high water line SOLIth 80 degrees 29 lllilILItes 30 seconds East and along tile
SOLItherly line of Vanderbilt Beach Road (State Road 862) as recorded ill D.B. 15, Page 121
arriong said PUblic Records a distance of 7385 feet more or less to a point oil said West right-
of-way line of U.S. 41 (State Road 45); thence SOLIth 00 degrees 58 IllillLites 36 seconds East
alongsaid West right- of -way line a distance of 2574.36 feet to the Point of Beginning.
A copy of the Preliminary Assessment Roll (Noil-ad Valorem Assessment Roll) for each lot
or parcel of land to be assessed is oil file at the Clerk to tile Board's Office, COLInty Government Center,
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W. Harmon TLIrner BLI I Id I ng, FOLII-th F I oor, 3299 East Tanilam I Tra I I, Nap I es., Florida and in the offices of r-
the Pelican Bay Services Division, 80 1 LaLirel Oak Drive, SLIIte 102, Naples, Florida, and is open to
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the inspection of the pLiblic.
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All affected property owners have a right to appear and be heard at the pLiblic hearing and to
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file written objections to the adoption of a resolUtI01i approving the Preliminary Assessment Roll (Non -
Ad Valorem Assessment Roll) with the Board within 20 days of this notice based LIPOII the gI-OLInds
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that it contains itenis which cannot be properly assessed against propei-ty, that the computation of the
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special assessment is incorrect, or there is a defaUlt or defect in the passage or character of the
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resolLItIOIl, 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
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aililLil 01- SLIstain or modify in whole or in part the Preliminary Assessment (Non -ad Valoreill
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Assessment) as indicated Oil SLICII 1-011, either by confirming the Preliminary Assessment (Noilmad
Valorem Assessment) against any or all lots or parcels described therein or by canceling, increasing,
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or redLICiIlg the same, according to the special benefits which the Board decides each SLICII lot or parcel has
received or will receive oil acCOLIIlt Of SLICII ill1provements. The assessment so made shall be final and
COIICILISIve as to each lot or parcel assessed LIIlless proper steps are taken within twenty (20) dayswith
a COLII't of competent jUrisdiction to seCLIre rel ief.
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
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median areas, and maintenance of conservation and preserve areas Utilizing ail EqUivalent Residential Unit
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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
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areas is S4,902, 800 which eqUates to S640.14 per EqUivalent Residential Unit based oil 7658.90
assessable 1,11litS.
The Board will levy a Special Assessment (Non -ad Valorem Assessment) for the establishment
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of Capital FLInds for ambient noise management, the maintenance and restoration of the
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conservation or preserve areas, U.S. 41 berm improvements within the Unit, street sign
replacement within the median areas, landscaping improvements and U.S. 4 1 entrance improvements
within the Ullit, Utilizing ail EqUivalent Residential Unit based methodology. The total assessment
for these Capital FLInds is $1,785,700 which eqUates to $233.15 per EqUivalent Residential Unit based
oil 7658.90 assessable Lillits. The Special Assessment (Non -ad Valorem Assessment) will be collected
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by the Collier COLIntyTax Collector oil the owner's Ad Valorem Tax Bill PLII-SLiant to Section
197.3632, Florida StatUtes. FailUre to pay the Special Assessment (Non -ad Valorem Assessment)
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and YOLII- property taxes will caLlse a tax certificate to be sold against the property, which may reSLIlt
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in a loss of title tothe property. A ny person who decides to appeal a decision of the Board wi I I need
a record of tile proceedings pertaining thereto and therefore may need to enSLIre that a verbatim
record of the proceedings is made, which record ilICILides the testimony and evidence LIPOII Which
the appeal is to be based.
BOARD OF COUNTY COMMISSIONERS
WILLIAM L. McDANIEL, JR., CHAIRMAN
CRYSTAL K. KINZEL, CLERK
SECTION FIVE, The Clerk is hereby directed to record this ResolUti011 in the 111illUteS 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 12" day of July, 2022.
ATTEST:
Crystal K. Kirizel, Clerk Of COL11-tS
By:
Approved
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Jeffrey A.
, DepUty Clerk
regality:
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'Z*unty Attomey
BOARD OF COUNTY COMMISSIONERS
COLLI ER COUNTY, FLORIDA
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William L. McDaniel,Jr., Chairman
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