Backup Documents 03/28/2023 Item # 9A BCC February 28, 2023 9
Private Road MSTU Ord. A
C +3hued +0 Mcdi 2 Zo2. 3
COLLIER COUNTY FLORIDA 41 -cC
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS ,
To: Clerk to the Board: Please place the following as a: o 4Curilie-Untioeti
CD"� j f1) ( 0
® Normal legal Advertisement ❑ Other:
(Display Adv., location,etc.) M
Originating Dept/Div: County Attorney Person: Wanda Rodriguez 252-8123 Date: 1/10/23
Petition No.(If none,give brief description): an Ordinance creating the Private Road Emergency Repair MSTU
Petitioner: (Name&Address): n/a
Name&Address of any person(s)to be notified by Clerk's Office:(If more space is needed,attach separate sheet)
Hearing before BCC BZA Other
Re().a$, aoa3 fl106d,,, Fekn 'j /3,
Requested Hearing date:(Based on advertisement appearing 10+days before hearing.) ad to run on a0a3
Jauu'- 12;-2023;
Newspaper(s)to be used: (Complete only if important):
® Naples Daily News ❑ Other ❑ Legally Required
Proposed Text: (Include legal description&common location&Size):
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CREATING
THE PRIVATE ROAD EMERGENCY REPAIR MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR THE BOARD
OF COUNTY COMMISSIONERS TO BE THE UNIT'S GOVERNING BODY; PROVIDING FUNDING AND THE LEVY
OF NOT TO EXCEED ONE (1) MIL OF AD VALOREM TAXES PER YEAR; PROVIDING FOR THE COLLECTION OF
TAXES; PROVIDING FOR DUTIES OF THE COUNTY MANAGER; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
Companion petiti n(s), if any& proposed hearing date: none
Does Petitio F• i'. .•e advertising cost?❑Yes ❑ No If Yes,what account should be charged for advertising costs:
/ P.O. No.4500220658
Reviewe�
!A03
Division 111
3•r or Designee Date
List Attachment.: proposed ordinance
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to Clerk's Office for processing. Note: If legal document is involved,be sure that any necessary legal review,
or request for same, is submitted to County Attorney before submitting to Minutes& Records. The Manager's office will
distribute copies:
❑ County Manager agenda file: to 0 Requesting Division ❑Original
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file.
***********************************************************************************************************
FOR CLERK'S OFFICE USE ON 44033
1 /
Date Received: i D Date of Public hearing:�/403 Date Advertised: 13/
9A
1 ORDINANCE NO. 23 —
2 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
3 COLLIER COUNTY, FLORIDA, CREATING THE PRIVATE ROAD
4 EMERGENCY REPAIR MUNICIPAL SERVICE TAXING UNIT;
5 PROVIDING FOR THE BOARD OF COUNTY COMMISSIONERS TO BE
6 THE UNIT'S GOVERNING BODY; PROVIDING FUNDING AND THE
7 LEVY OF NOT TO EXCEED ONE(1)MIL OF AD VALOREM TAXES PER
8 YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING
9 FOR DUTIES OF THE COUNTY MANAGER; PROVIDING FOR
10 CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN
11 THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND
12 PROVIDING FOR AN EFFECTIVE DATE.
13 WHEREAS, many roads in the unincorporated portion of Collier County are unpaved,
14 private roads not maintained by the County,which may become impassable if not maintained; and
15 WHEREAS,it is imperative that all roads in the County are passable to emergency services
16 vehicles to protect the public health, safety, and welfare in certain emergencies, such as fires and
17 floods; and
18 WHEREAS, there is currently no maintenance mechanism or funding source to pay for
19 emergency repairs when an emergency vehicle cannot access private roads deemed impassable;
20 and
21 WHEREAS, the Board of County Commissioners has determined that the creation of a
22 municipal service taxing unit is the best method to provide funding to enable the County to make
23 emergency repairs to private roads deemed impassable upon the notification by the local fire
24 district or the Collier County Sheriffs Office.
25 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
26 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
27 SECTION ONE: Authority.
28 This Ordinance is adopted pursuant to the provisions of Section 125.01 and Chapter 200,
29 Florida Statutes, and other applicable provisions law.
30 SECTION TWO: Creation of the Municipal Service Taxing Unit.
31 There is hereby created and established the Private Road Emergency Repair Municipal
32 Service Taxing Unit, hereinafter referred to as the "MSTU." The property subject to the MSTU
33 shall be all properties adjacent to an unpaved, private road in unincorporated Collier County.
34
Page 1 of 3
LA
35 SECTION THREE: Purpose and Governing Body.
36 The MSTU is created from the purpose of providing emergency repairs to unpaved,private
37 roads in Collier County where the County is notified by the local fire districts or the Collier County
38 Sheriff's Office that such roads are impassable to emergency vehicles and such disrepair is a
39 danger to the health, safety, and welfare to the citizens of Collier County. The roads shall be
40 repaired only to the extent that they are made passable to emergency vehicles. Such repair does
41 not designate acceptance of maintenance beyond the purpose stated herein, nor does it designate
42 an ownership interest in the road by the County.
43 The governing body of the MSTU shall be the Board of County Commissioners of Collier
44 County, Florida.
45 SECTION FOUR: Funding and Levy of Taxes.
46 For the purpose of implementing this Ordinance,the Board of County Commissioners shall
47 annually, at the time required by general budgetary law, make an itemized estimate of the amount
48 of money required to carry out the business of the MSTU for the next fiscal year, which shall be
49 from October 1 to and including September 30 following. The estimate shall describe the purpose
50 for which the monies are require and the amount necessary to be raised by taxation within the
51 MSTU. At the time and place for fixing the annual rate of taxation for County purposes,the Board
52 of County Commissioners shall fix and cause to be levied on all properties within the MSTU,
53 subject to taxation, a millage rate not to exceed one (1) mil per year.
54 SECTION FIVE: Tax Assessment and Collection.
55 Taxes herein provided for shall be assessed and collected in the same manner and form as
56 provided for the assessment and collection of general County taxes and subject to the same fees
57 for assessing and collecting as general County taxes.
58 SECTION SIX: Duties of the County Manager or Designee.
59 The duties of the County Manager or designee are as follows:
60 1. To aid an assist the Board in carrying out the purposes of the MSTU in accordance with
61 established practices and policies of the Board of County Commissioners and as set
62 forth in this Ordinance;
63 2. To prepare and recommend to the Board an itemized annual budget of the amount of
64 money required to carry out the business of the MSTU for the next fiscal year; and
65 3. To provide periodic written reports to the Board of the activities of the MSTU and its
66 finances in accordance with established guidelines of the Board.
67
68
Page 2 of 3
9A
69 SECTION SEVEN: Conflict and Severability.
70 In the event this Ordinance conflicts with any other Ordinance of Collier County or other
71 applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any
72 phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a
73 separate, distinct and independent provision and such holding shall not affect the validity of the
74 remaining portion.
75 SECTION EIGHT: Inclusion in the Code of Laws and Ordinances.
76 The provisions of this Ordinance shall become and be made a part of the Code of Laws and
77 Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
78 lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
79 any other appropriate word.
80 SECTION NINE: Effective Date.
81 This Ordinance shall be effective upon filing with the Florida Department of State.
82
83 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
84 County, Florida, this day of , 2023.
85
86 ATTEST: BOARD OF COUNTY COMMISSIONERS
87 CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA
88
89
90 By: By:
91 , Deputy Clerk Rick LoCastro, Chairman
92
93
94
95 Approved as to form and legality:
96
97
98 Jeffrey A. Klatzkow, County Attorney
Page 3 of 3
9A
Acct #323630
February 9, 2023
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: Private Road MSTU Ord.
Dear Legals:
Please advertise the above referenced notice on Monday, February 13, 2023 (to be
placed in the classified section) and kindly send the Affidavit of Publication,
together with charges involved, to this office.
Thank you.
Sincerely,
Merline Forgue,
Deputy Clerk
P.O. #4500220658
9A
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners
(BCC) on February 28, 2023, in the Board of County Commissioners Meeting Room, Third Floor, Collier
Government Center, 3299 Tamiami Trail East,Naples, FL,to consider the enactment of a County Ordinance. The
meeting will commence at 9:00 A.M.The title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, CREATING THE PRIVATE ROAD EMERGENCY REPAIR
MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR THE BOARD OF COUNTY
COMMISSIONERS TO BE THE UNIT'S GOVERNING BODY; PROVIDING FUNDING
AND THE LEVY OF NOT TO EXCEED ONE (1) MIL OF AD VALOREM TAXES PER
YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR DUTIES
OF THE COUNTY MANAGER; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection.All interested
parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to
presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The
selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the
Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material
a minimum of 3 weeks prior to the respective public hearing.In any case,written materials intended to be considered
by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing.
All materials used in presentations before the Board will become a permanent part of the record.
As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide
public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate
remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events
on the County website at www.colliercountyfl.gov/visitors/calendar-of-events after the agenda is posted on the
County website. Registration should be done in advance of the public meeting,or any deadline specified within the
public meeting notice.Individuals who register will receive an email in advance of the public hearing detailing how
they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's
risk. The County is not responsible for technical issues. For additional information about the meeting, please call
Geoffrey Willig at 252-8369 or email to Geoffrey.Willig(a,colliercountyfl.gov.
Any person who decides to appeal any 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 based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you
are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities
Management Division,located at 3335 Tamiami Trail East, Suite 101,Naples,FL 34112-5356,(239)252-8380,at
least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board
of County Commissioners Office.
9 *
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
RICK LoCASTRO, CHAIRMAN
CRYSTAL K. KINZEL, CLERK
By: Merline Forgue,Deputy Clerk
(SEAL)
Merline Forgue
From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>
Sent: Thursday, February 9, 2023 9:40 AM
To: Minutes and Records
Cc: BradleyNancy
Subject: ad request - Private Road MSTU Ord. - 2/28/23 BCC
Attachments: ad request (date revised) - private road MSTU Ord..pdf; Draft Ordinance - Unpaved
Private Road MSTU (line numbered).docx
Importance: High
M&R,
Please ask NDN to run the attached as a classified/legal ad on Monday, February 13, 2023. Thank
you,
Wanda Rodriguez, ACT, CPJ1
Office of the County .Attorney
(239) 252-8400
LERTIfIp,,A9� de"
`,
iiIROUCLYSING
ii
ACP ; c �r�,�T:,,, �W ER COUNTY v
4 SINCE V
2005 iv
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
1
9A
Merline Forgue
From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com>
Sent: Thursday, February 9, 2023 4:20 PM
To: Merline Forgue
Cc: Minutes and Records
Subject: RE: 5591958 Private Road MSTU Ord.
Attachments: OrderConf.pdf
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
Please Read Through ENTIRE Confirmation Before Approving.
Please see attached the order confirmation and proof for your requested ad. Your ad is set to run in Feb. 13, on Feb. 13,
costing$588.00. Your notice is scheduled to run per your request and will publish unless you advise otherwise
Thanks,
Sirona Marshall
Public Notice Representative
*LocaliQ I *war
Office:844-254-5287
From: Merline Forgue<merline.forgue@collierclerk.com>
Sent:Thursday, February 9, 2023 2:58 PM
To: NDN-Legals<legals@naplesnews.com>
Cc: Minutes and Records<MinutesandRecords@collierclerk.com>
Subject: 5591958 Private Road MSTU Ord.
Good afternoon,
Please advertise the above referenced notice on Monday, February 13, 2023 (to be placed in
the classified section) and kindly send the Affidavit of Publication, together with charges
involved, to this office.
Thank you,
1
Merline Forgue
From: Merline Forgue
Sent: Thursday, February 9, 2023 4:55 PM
To: 'Gannett Legals Public Notices 4'
Subject: RE: 5591958 Private Road MSTU Ord.
Awesome! Yes the PO#4500220658 is correct.
Ad is approved.
Thank you,
BMR STAFF
From: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com>
Sent:Thursday, February 9, 2023 4:45 PM
To: Merline Forgue<merline.forgue@collierclerk.com>
Cc: Minutes and Records<MinutesandRecords@collierclerk.com>
Subject: RE: 5591958 Private Road MSTU Ord.
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
Last Name/Company First Name
BCC COMPREHENSIVE PL ANNING DEV
Account# Customer Type Language
1303804 Ledger
Title Tax Identifier Organization Id
r 323630
Acc.t #323630
Februaiy 9, 2023
Attn: Legals
Naples News Media Group
1100 Inunol glee Road
Naples. Florida 34110
Re: Private Road NISTt Ord.
9A
Above is the requested account on your doc and the acct which this ad is placed on which are the same, if this is not
correct please provide the correct account number
I have also added the space between the paragraphs as requested
the or000sea Ora i'a"ce is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, CREATING THE PRIVATE ROAD
EMERGENCY REPAIR MUNICIPAL SERVICE TAXING UNIT; PROVID-
ING FOR THE BOARD OF COUNTY COMMISSIONERS TO BE THE
Thank you,
Sirona Marshall
Public Notice Representative
*LocaliQ NUSA ETWORK
Y
Office:844-254-5287
From: Merline Forgue <merline.forgue@collierclerk.com>
Sent:Thursday, February 9, 2023 3:38 PM
To: Gannett Legals Public Notices 4<ganlegpubnotices4(a@gannett.com>
Cc: Minutes and Records<MinutesandRecords@collierclerk.com>
Subject: RE: 5591958 Private Road MSTU Ord.
This proof appears to be billed to the wrong department.
Naples BMW New
PART OF THE USA TODAY NETWORK
BCC COMPREHENSIVE PL
3299 TAMIAMI TRL E 4 700
NAPLES FL 34112-574
a Net Amount Tax*mourn Total Amount Payment Maitre! Payment Amount Amount Due
1303804 0005521958 SSAR 00 5000 558800 Inr0+te 5300 050000
Sales Rep: sSohlantl Order Tartar:sEONlantl Order Created 02'09:2023
Product A Ina Celtmn Agate liners Sian Oat* End Date
NON-Naples Daily News 1 2.00 188 32.+102023 02113/2023
NDNnapNsn.ws.com 1 2.00 168 02+132023 02/13/2023
ALL TRANSACTIONS CONSIDERED PAID IN FULL UPON CLEARANCE OF FINANCIAL INSTITUTION
The ad also needs a line space between the first paragraph and the ordinance title. Please send us a
revised proof and invoice. Thank you!
2
9 *
ary 28, 2023,' in the Board of County Commissioners Meeting
Room, Third Floor, Collier Government Center, 3299 Tamiami
Trail East, Naples, FL, to consider the enactment of a County Or-
dinance. The meeting will commence at 9:00 A.M. The title of
the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, CREATING THE PRIVATE ROAD
EMERGENCY REPAIR MUNICIPAL SERVICE TAXING UNIT; PROVID-
ING FOR THE BOARD OF COUNTY COMMISSIONERS TO BE THE
UNIT'S GOVERNING BODY; PROVIDING FUNDING AND THE LEVY
OF NOT TO EXCEED ONE (1) MIL OF AD VALOREM TAXES PER
VFAR• PRM/MINI(: F(1R TI-1F rr'i I FrTIfN (1F TAXFG• PR(1\/IIIIN(.
From: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com>
Sent:Thursday, February 9, 2023 4:20 PM
To: Merline Forgue<merline.forgue@collierclerk.com>
Cc: Minutes and Records<MinutesandRecords@collierclerk.com>
Subject: RE: 5591958 Private Road MSTU Ord.
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
Please Read Through ENTIRE Confirmation Before Approving.
Please see attached the order confirmation and proof for your requested ad. Your ad is set to run in Feb. 13, on Feb. 13,
costing$588.00. Your notice is scheduled to run per your request and will publish unless you advise otherwise
Thanks,
Sirona Marshall
Public Notice Representative
illLocaliQ NUSA ETWORK
Y
Office:844-254-5287
From: Merline Forgue <merline.forgue@collierclerk.com>
Sent:Thursday, February 9, 2023 2:58 PM
To: NDN-Legals<legals@naplesnews.com>
Cc: Minutes and Records<MinutesandRecords@collierclerk.com>
Subject: 5591958 Private Road MSTU Ord.
Good afternoon,
Please advertise the above referenced notice on Monday, February 13, 2023 (to be placed in
the classified section) and kindly send the Affidavit of Publication, together with charges
involved, to this office.
Thank you,
3
9A
Napirs Datil; Arius
PART OF THE USA TODAY NETWORK
Published Daily
Naples, FL 34110
BCC COMPREHENSIVE PLANNING DEV
3299 TAMIAMI TRL E#700
NAPLES,FL 34112-5749
Affidavit of Publication
STATE OF WISCONSIN
COUNTY OF BROWN
Before the undersigned they serve as the authority,
personally appeared said legal clerk who on oath says that
he/she serves as Legal Clerk of the Naples Daily News, a
daily newspaper published at Naples, in Collier County,
Florida; distributed in Collier and Lee counties of Florida;
that the attached copy of the advertising was published in
said newspaper on dates listed. Affiant further says that the
said Naples Daily News is a newspaper published at
Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in
said
Collier County,Florida;distributed in Collier and Lee
counties of Florida,each day and has been entered as
second class mail matter at the post office in Naples,in
said Collier County, Florida,for a period of one year next
preceding the first publication of the attached copy of
advertisement;and affiant further says that he has neither
paid nor promised any person,or corporation any discount,
rebate,commission or refund for the purpose of securing
this advertisement for publication in said newspaper
issue(s)dated or by publication on the newspaper's
website,if authorized,on
Issue(s)dated:02/13/2023
Subscribed and sworn to before on March 13,2023:
Notary,State of WI,County of Brown
( ��OJ
My commission expires
Publication Cost:$595.00 KATHLEEN ALLEN
Ad No:0005591958 Notary Public
Customer No: 1303804
PO#: State of Wisconsin
#of Affidavits: 1
This is not an invoice
9A
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the
Collier County Board of County Commissioners (BCC)on Febru-
ary 28, 2023, in the Board of County Commissioners Meeting
Room, Third Floor, Collier Government Center, 3299 Tamiami
Trail East, Naples, FL,to consider the enactment of a County Or-
dinance. The meeting will commence at 9.00 A.M._The title of
the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, CREATING THE PRIVATE ROAD
EMERGENCY REPAIR MUNICIPAL SERVICE TAXING UNIT;PROVID-
ING FOR THE BOARD OF COUNTY COMMISSIONERS TO BE THE
UNIT'S GOVERNING BODY; PROVIDING FUNDING AND THE LEVY
OF NOT TO EXCEED ONE (1) MIL OF AD VALOREM TAXES PER
YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING
FOR DUTIES OF THE COUNTY MANAGER; PROVIDING FOR CON-
FLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PRO-
VIDING FOR AN EFFECTIVE DATE.
A copy of the proposed Ordinance is on file with the Clerk to
the Board and is available for inspection. All interested parties
are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must
register with the County Manager prior to presentation of the
agenda item to be addressed. Individual speakers will be limited
to 3 minutes on any item. The selection of any individual to
speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or or-
ganization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum
of 3 weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall
be submitted to the appropriate County staff a minimum of
seven days prior to the public hearing. All materials used in pre-
sentations before the Board will become a permanent part of
the record.
As part of an ongoing initiative to encourage public involve-
ment, the public will have the opportunity to provide public
comments remotely, as well as in person, during this proceed-
ing. Individuals who would like to participate remotely should
register through the link provided within the specific
event/meeting entry on the Calendar of Events on the County
website at www.colliercountyfl.gov/visitors/calendar-of-events
after the agenda is posted on the County website. Registration
should be done in advance of the public meeting, or any dead-
line specified within the public meeting notice. Individuals who
register will receive an email in advance of the public hearing
detailing how they can participate remotely in this meeting. Re-
mote participation is provided as a courtesy and is at the user's
risk.The County is not responsible for technical issues. For addi-
tional information about the meeting, please call Geoffrey
Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.g
ov.
Any person who decides to appeal any 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 based.
If you are a person with a disability who needs any accommoda-
tion in order to participate in this proceeding, you are entitled,
at no cost to you, to the provision of certain assistance. Please
contact the Collier County Facilities Management Division, locat-
ed at 3335 Tamiami Trail East,Suite 101, Naples, FL 34112-5356,
(239) 252-8380, at least two days prior to the meeting. Assisted
listening devices for the hearing impaired are available in the
Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
RICK LoCASTRO,CHAIRMAN
CRYSTAL K.KINZEL,CLERK
By:Merline Forgue,Deputy Clerk
(SEAL)
Pub:Feb. 13,2023#5591958
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A 9
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 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 routinglines#1 through#2,complete the checklist,and forward to the County Attomey Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office
O07 3/3a/�3
4. BCC Office Board of County
Commissioners . �( L A2' / 3/3/f Z
5. Minutes and Records Clerk of Court's Office i
\IV/ acra-3
PRIMARY CONTACT INFORMATION
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,may need to contact staff for additional or missing information.
Name of Primary Staff Marcus L. Berman,P.S.M. Phone Number 239.252.6885
Contact/Department
Agenda Date Item was 3/28/2023 Agenda Item Number 16.A.9
Approved by the BCC
Type of Document Original Resolution w/Exhibits A Number of Original 1
Attached & B i✓,4?-3 — Documents Attached
PO number or account 131-138327-649030
number if document is
to be recorded
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. Does the document require the chairman's original signature? MLB
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name; Agency;Address; Phone)on an attached sheet.
3. 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 MLB
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the MLB
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MLB
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
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!
8. The document was approved by the BCC on March 28,2023 and all changes made
during the meeting have been incorporated in the attached document. The County D
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made, and the document is ready for the P Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16A c
RESOLUTION NO. 2023 -52
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA TO DECLARE A PUBLIC HEARING TO
DISCLAIM, RENOUNCE, AND VACATE THE COUNTY AND PUBLIC
INTEREST IN TWO UNIMPROVED 30-FOOT-WIDE PUBLIC RIGHT-
OF-WAYS DESCRIBED AS AVENUE "B" AND FIRST STREET,
ACCORDING TO THE COL-LEE-CO TERRACE SUBDIVISION PLAT,
AS RECORDED IN PLAT BOOK 1, PAGE 32, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA. THE SUBJECT
PROPERTY IS LOCATED ON THE SOUTH SIDE OF U.S. 41 BETWEEN
FREDRICK STREET AND PALM STREET IN SECTION 11, TOWNSHIP
50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
[PL20220000374]
WHEREAS, Petitioner, Christopher Scott, AICP, of Peninsula Engineering, on behalf of
the property owner, has requested that a public hearing be held pursuant to Resolution No. 2021-
243, to consider disclaiming, renouncing and vacating the County and public interest in two
unimproved 30-foot wide public rights-of-way, described as Avenue "B" and First Street,
according to the Col-Lee-Co Terrace Subdivision Plat, as recorded in Plat Book 1, Page 32, of
the Public Records of Collier County, Florida, located in Section 11, Township 50 South, Range
25 East, Collier County, Florida,being more specifically shown in Exhibit"A", attached hereto; and
WHEREAS, Petitioner does hereby request that the Board of County Commissioners
take appropriate action, including the adoption of a resolution setting the date and time of a
public hearing to consider disclaiming, renouncing, and vacating the County's interest in the
above right-of-way in accordance with sections 336.09 and 336.10, Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Resolution No.
2021-243 in a regular session of the Board of County Commissioners, a public hearing to
consider disclaiming, renouncing and vacating the County's interest in the above described
rights-of-way will be held on the ZS''`'day of pPK it., 2023 at 9:00 a.m., or as soon thereafter as
practical, in the Boardroom, 3rd Floor, Administration Building, Collier County Government
Center, 3299 Tamiami Trail East,Naples, Florida.
THIS RESOLUTION ADOPTED after motion, second and majority vote favoring
same, this 'nit(day of ft1 f$ QCH , 2023.
ATTEST: �4, BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZE 4 LERK COLLIER COUNTY, FLORIDA
It ..-727. —
By: ,ql 6 '..' . ,�►.41111=/ By:
ttest as't`d Cha'' y; . , ,O'-`rk Rick LoCastro, Chairman
ApJ
•
A/as to 6 d,e
/ Attachments:
ki-g _ Exhibit"A" - Sketch& Description
Derek D. Perry V Exhibit"B" - Location-Site Map
Assistant County Attorney \\I/1
2`L
[22-EIS-04617/1771609/1] Page 1 of 1 CAO
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