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Backup Documents 03/28/2023 Item #16A 9 BCC March 28, 2023 Private Road MSTU COLLIER COUNTY FLORIDA Lr wiD REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS • , To: Clerk to the Board: Please place the following as a: ® Normal legal Advertisement ❑ Other: (Display Adv.. location,etc.) Originating Dept/Div: County Attorney Person: Wanda Rodriguez 252-8123 Date: 2/22/23 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 Requested Hearing date: (Based on advertisement appearing 20 days before hearing.)March 28, 2023 (ad to run on Wednesday, March 8,2023) 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 AN OPT OUT OPTION; 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 petition(s), if any& proposed hearing date: none what •sun hould be c . _ . er advertising costs: P.O. No. 4500220658 Revie .� t l Ay )3 or or Designee Date List Atta lime'.s: 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 tile: to ❑ 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 UAE O Y: Date Received:p_[_ Date of Public hearing:3-24 23 Date Advertised:3__s-�3 COLLIER COUNTY FLORIDA ` ''"�!% REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS • - • To: Clerk to the Board: Please place the following as a: ()t ® Normal legal Advertisement ❑ Other: (Display Adv.,location,etc.) ********************************************************************************************************** Originating Dept/Div: County Attorney Person: Wanda Rodriguez 252-8123 Date: 2/22/23 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 Requested Hearing date: (Based on advertisement appearing 20 days before hearing.)March 28,2023 (ad to run on Wednesday, March 8,2023) 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 AN OPT OUT OPTION; 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 petition(s), if any&proposed hearing date: none what account should be charged for advertising costs: P.O. No.4500220658 Reviewed by: Division Administrator or Designee Date List Attachments: 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 ❑ 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 0 LY: ? �/ Date Received:6__ Date of Public hearing: 3'-Or�`"Ip�'Q�J Date Advertised: 3-i"4?..3 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 AN OPT OUT OPTION; PROVIDING FOR DUTIES OF THE COUNTY 10 MANAGER; PROVIDING FOR CONFLICT AND SEVERABILITY; 11 PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF 12 LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE 13 DATE. 14 WHEREAS, many roads in the unincorporated portion of Collier County are unpaved, 15 private roads not maintained by the County, which may become impassable if not maintained; and 16 WHEREAS,it is imperative that all roads in the County are passable to emergency services 17 vehicles to protect the public health, safety, and welfare in certain emergencies, including fires, 18 hurricanes and floods; and 19 WHEREAS, there is currently no mechanism or funding source to pay for emergency 20 repairs when an emergency vehicle cannot access private roads deemed impassable; 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 Sheriff's 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 of 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 abutting or adjacent to an unpaved, private road in unincorporated Collier 34 County. [23-BCC-00998/1772573/1] Page 1 of 4 35 36 SECTION THREE: Purpose and Governing Body. 37 The MSTU is created from the purpose of providing emergency repairs to unpaved,private 38 roads in Collier County where the County is notified by the local fire districts or the Collier County 39 Sheriff's Office that such roads are impassable to emergency vehicles and such disrepair is a 40 danger to the health, safety, and welfare to the citizens of Collier County. The roads shall be 41 repaired only to the extent that they are made passable to emergency vehicles. Such repair does 42 not designate acceptance of maintenance beyond the purpose stated herein, nor does it designate 43 an ownership interest in the road by the County. 44 The governing body of the MSTU shall be the Board of County Commissioners of Collier 45 County, Florida. 46 47 SECTION FOUR: Funding and Levy of Taxes. 48 For the purpose of implementing this Ordinance,the Board of County Commissioners shall 49 annually, at the time required by general budgetary law, make an itemized estimate of the amount 50 of money required to carry out the business of the MSTU for the next fiscal year, which shall be 51 from October 1 to and including the following September 30. The estimate shall describe the 52 purpose for which the monies are required and the amount necessary to be raised by taxation within 53 the MSTU. At the time and place for fixing the annual rate of taxation for County purposes, the 54 Board of County Commissioners shall fix and cause to be levied on all properties within the 55 MSTU, subject to taxation, a millage rate not to exceed one (1) mil per year. 56 57 SECTION FIVE: Tax Assessment and Collection. 58 Taxes herein provided for shall be assessed and collected in the same manner and form as 59 provided for the assessment and collection of general County taxes and subject to the same fees 60 for assessing and collecting as general County taxes. 61 62 SECTION SIX: Opting out. 63 Upon application to the County Manager or designee, the property owner(s) abutting or 64 adjacent to an unpaved road may opt out of the tax levied herein upon a finding by the County 65 Manager that the road is not likely to require maintenance within the next five fiscal years. In 66 order to opt out, the property owner(s) must show that the road is passable and that there is a 67 sustainable maintenance plan in place by the property owner or owners on that road. If at a point [23-BCC-00998/1772573/1] Page 2 of 4 68 in the future the road become impassable to emergency vehicles and emergency maintenance is 69 required by the County,as determined by the County Manager or designee,those previously opted- 70 out properties shall become subject to the tax levied herein beginning the next fiscal year and 71 continuing the following years. 72 73 SECTION SEVEN: Duties of the County Manager or Designee. 74 The duties of the County Manager or designee are as follows: 75 1. To aid and assist the Board in carrying out the purposes of the MSTU in accordance 76 with established practices and policies of the Board of County Commissioners and as 77 set forth in this Ordinance; 78 2. To prepare and recommend to the Board an itemized annual budget of the amount of 79 money required to carry out the business of the MSTU for the next fiscal year; 80 3. To provide periodic written reports to the Board of the activities of the MSTU and its 81 finances in accordance with established guidelines of the Board; and 82 4. To administer the opt-out provisions in Section Six herein. 83 84 SECTION EIGHT: Conflict and Severability. 85 In the event this Ordinance conflicts with any other Ordinance of Collier County or other 86 applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any 87 phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a 88 separate, distinct and independent provision and such holding shall not affect the validity of the 89 remaining portion. 90 91 SECTION NINE: Inclusion in the Code of Laws and Ordinances. 92 The provisions of this Ordinance shall become and be made a part of the Code of Laws and 93 Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- 94 lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or 95 any other appropriate word. 96 97 SECTION TEN: Effective Date. 98 This Ordinance shall be effective upon filing with the Florida Department of State. 99 [23-BCC-00998n772573n] Page 3 of 4 100 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier 101 County, Florida, this day of , 2023. 102 103 ATTEST: BOARD OF COUNTY COMMISSIONERS 104 CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA 105 106 107 By: By: 108 , Deputy Clerk Rick LoCastro, Chairman 109 110 111 112 Approved as to form and legality: 113 114 115 Jeffrey A. Klatzkow, County Attorney [23-BCC-00998/1772573/1] Page 4 of 4 Merline Forgue From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Thursday, February 23, 2023 2:05 PM To: Minutes and Records Cc: AlthouseTammy Subject: ad request - private road MSTU - 3/8/23 BCC Attachments: ad request - private road MSTU - 3.28.23.pdf;Advertising Request form - private road MSTU - 3.28.23.doc; Numbered Ordinance - Unpaved Private Road MSTU (rev2).docx M&R, Please process the attached ad request to run as a regular classified ad on Wednesday, March 8, 2023. Thank you, Wanda Rodriguez, MCP, CPM Office of the County Attorney (239) 252-8400 LERT I F/EO ,0 ®,- F 1.O R I D A'S 9 y eR wry AC COWERCOUNTY prograzn SINCE Certified Public Manager I NALA 2005 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 NDN Acct #323560 February 23, 2023 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: Private Road MSTU Dear Legals: Please advertise the above referenced notice (in the Classified/Legal Section of the paper) on Wednesday, March 8, 2023, and send the Affidavit of Publication, together with charges involved, to this office. Thank you. Sincerely, Merline Forgue, Deputy Clerk P.O. #4500220658 NDN Acct #395388 February 23, 2023 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: Private Road MSTU Dear Legals: Please advertise the above referenced notice (in the Classified/Legal Section of the paper) on Wednesday, March 8, 2023, and send the Affidavit of Publication, together with charges involved, to this office. Thank you. Sincerely, Merline Forgue, Deputy Clerk P.O. #4500220658 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)at 9:00 A.M.on February 14,2023,in the Board of County Commissioners Meeting Room,Third Floor,Collier Government Center,3299 East Tamiami Trail,Naples,FL to consider: 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 AN OPT OUT OPTION; 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. (insert map) 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 three(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 ten(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 three (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 (7) 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/our-county/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@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(2)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 OF THE CIRCUIT COURT& COMPTROLLER By: Merline Forgue,Deputy Clerk (SEAL) Merline Forgue From: Merline Forgue Sent: Thursday, February 23, 2023 2:24 PM To: Naples Daily News Legals Cc: Minutes and Records Subject: Private Road MSTU Attachments: Private Road MSTU.docx; Private Road MSTU.docx Good afternoon, Please advertise the above referenced notice (in the Classified/Legal Section of the paper) on Wednesday, March 8, 2023, and send the Affidavit of Publication, together with charges involved, to this office. Thank you, Merline Forgue BMR&VAB Deputy Clerk I ``0:0-r c 0[;RT� Office: 239-252-8411 ,t Fax: 239-252-8408 a E-mail: Merline.Forgue@CollierClerk.com Office of the Clerk of the Circuit Court * &Comptroller of Collier County °1 . 3299 Tamiami Trail E, Suite #401 Naples, FL 34112 www.CollierClerk.com Merline Forgue From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com> Sent: Thursday, February 23, 2023 2:24 PM To: Merline Forgue Subject: DO NOT REPLY External Message: Please use caution when opening attachments, clicking links, or replying to this message. This is an auto generated email, please do not reply. The legal department has received your email and will be processing your notice as soon as possible. We will provide a proof as well as publication dates, cost and payment requirements prior to the notice running. All Legal/Public Notices will be processed for the desired publication if received by deadline. Office Hours: Monday— Friday 8:00 am -5:00 pm CST/EST Thank you for your business. Gannett Legal/Public Notice Department 1 Merline Forgue From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com> Sent: Thursday, February 23, 2023 2:54 PM To: Merline Forgue Cc: Minutes and Records Subject: RE: 5608347 - Private Road MSTU Attachments: OrderConf.pdf External Message: Please use caution when opening attachments, clicking links,or replying to this message. Hello, Your notice is scheduled to run on 3/8 in the Daily News. The total cost is$539.00, which includes an affidavit that will be mailed to you after the final run date. An order confirmation containing a proof of the notice is attached for your review. Thank you, Forrest Grade Public Notice Representative USA TODAY * LocaliQ NETWORK Office:844-254-5287 From: Merline Forgue <merline.forgue@collierclerk.com> Sent:Thursday, February 23, 2023 1:24 PM To: NDN-Legals<legals@naplesnews.com> Cc: Minutes and Records<MinutesandRecords@collierclerk.com> Subject: 5608347- Private Road MSTU Good afternoon, Please advertise the above referenced notice (in the Classified/Legal Section of the paper) on Wednesday, March 8, 2023, and send the Affidavit of Publication, together with charges involved, to this office. Thank you, 1 Merline Forgue From: Merline Forgue Sent: Thursday, February 23, 2023 3:02 PM To: 'Gannett Legals Public Notices 4' Subject: RE: 5608347 - Private Road MSTU Good afternoon, Please add a line space between the following : 1 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE —Notice is hereby given that a public hearin9 will or held by the Collier County Board of County Commissioners {BCC) at 9:00 A.M..on February 14,2023,in the Board of County Commission- ers Meeting Room,Third Floor, Collier government Center, 3799 East Tarniam,Trail,Naples,FL to cu•isider. -+--- -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 UNITS 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 AN OPT OUT OPTION; PROVIDING FOR DUTIES OF THE COUNTY MANAGER; PROVIDING FOR CONFLICT AND SEVERABILITY; PRO- VIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. (insert map) A copy of the proposed Ordinance is on file with the Clerk to the Board and is available far 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 Cuurdy Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to three(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 ten (10)minutes to speak on an item. Persons wishing to have written or graphic materials included in the Hoard agenda packets must submit said material a minimum of three{31 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 (7)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 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.govlour•cauntylvisitarshalendar 1, 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. Indi- vrduals who register will receive an email in advance of the pub- lic hearing detailing how they can participate remotely in this meeting Remote participation is provided as a courtesy and is at the users risk. The County is not responsible for technical is- sues For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.4Villig6hollrerc ountyfLgov. ""Any person who decides to appeal any decision of the Board will need a rernrd of the proreedings 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 na cm? to you, to the provision of certain assistance. Ptrasr contact the Collier County Facilities Management Division, locat- ed at 3335 lamiami frail East. Suite 101,Naples. FL 34112-5356, {2T9)252 BM: at least two{2}days prior to the meeting Assist ed listening devices for the hearing impaired are available in the Board of County Commissioners Office, - BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA RICK LOCASIRO,CHAIRMAN i.iii-i--"-CRYSTAL K.KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER By:Merl ine Forgue,Deputy Clerk (SEAL) Pub Datc•Mar,B.2023 rk5G08347 Thank you, BMR STAFF From: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com> Sent:Thursday, February 23, 2023 2:54 PM To: Merline Forgue<merline.forgue@collierclerk.com> Cc: Minutes and Records<MinutesandRecords@collierclerk.com> Subject: RE: 5608347 - Private Road MSTU External Message: Please use caution when opening attachments, clicking links, or replying to this message. 2 Merline Forgue From: Merline Forgue Sent: Thursday, February 23, 2023 3:08 PM To: RodriguezWanda; AlthouseTammy Cc: Minutes and Records Subject: RE: 5608347 - Private Road MSTU Attachments: OrderConf.pdf Ad proof is ready! Thank you, BMR STAFF Original Message From: GWM-Erin GWM-Oettinger<eoettinger@gannett.com> Sent:Thursday, February 23, 2023 3:06 PM To: Merline Forgue<merline.forgue@collierclerk.com> Subject: RE: 5608347- Private Road MSTU External Message: Please use caution when opening attachments, clicking links, or replying to this message. Hello, Your notice is scheduled to run on 3/8 in the Daily News. The total cost is$539.00, which includes an affidavit that will be mailed to you after the final run date. An order confirmation containing a proof of the notice is attached for your review. Thank you, Forrest Grade Public Notice Representative Office: 844-254-5287 i N i 71 etu N iti PART OF THE USA TODAY NETWORK COLLIER AREA TRANSIT 8300 RADIO RD NAPLES FL 34104--542 Account AD# Net Amount Tax Amount Total Amount Payment Method Payment Amount Amount Due e 1450756 0005608347 $595.00 $0.00 $595.00 Credit Card $0.00 $595.00 Sales Rep: FGrade Order Taker: FGrade Order Created 02/23/2023 Product #Ins Column Agate Lines Start Date End Date NDN-Naples Daily News 1 2.00 170 03/08/2023 03/08/2023 NDN-naplesnews.com 1 2.00 170 03/08/2023 03/08/2023 *ALL TRANSACTIONS CONSIDERED PAID IN FULL UPON CLEARANCE OF FINANCIAL INSTITUTION Text of Ad: 02/23/2023 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) at 9:00 A.M.on February 14, 2023, in the Board of County Commission- ers Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL to consider: 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 UNITS 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 AN OPT OUT OPTION; PROVIDING FOR DUTIES OF THE COUNTY MANAGER; PROVIDING FOR CONFLICT AND SEVERABILITY; PRO- VIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. (insert map) 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 three (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 ten (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 three (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 (7) 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 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/our-county/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. Indi- viduals who register will receive an email in advance of the pub- lic 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 is- sues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@collier countyfl.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 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(2)days prior to the meeting. Assist- ed 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 OF THE CIRCUIT COURT&COMPTROLLER By:Merline Forgue,Deputy Clerk (SEAL) Pub Date:Mar.8,2023#5608347 Merline Forgue From: GWM-Erin GWM-Oettinger <eoettinger@gannett.com> Sent: Thursday, February 23, 2023 3:06 PM To: Merline Forgue Subject: Your AdOrder Attachments: OrderConf.pdf External Message: Please use caution when opening attachments, clicking links, or replying to this message. 5608347 1 4 i\ apirs Ncw IS PART OF THE USA TODAY NETWORK BCC OFFICE OF MGMT BUDGET 3299 TAMIAMI TRL E NAPLES FL 34112--574 Account AD# Net Amount Tax Amount Total Amount Payment Method Payment Amount Amount Due 1303807 0005608347 $602.00 $0.00 $602.00 Invoice $0.00 $602.00 Sales Rep: FGrade Order Taker: FGrade Order Created 02/23/2023 Product #Ins Column Agate Lines Start Date End Date NDN-Naples Daily News 1 2.00 172 03/08/2023 03/08/2023 NDN-naplesnews.com 1 2.00 172 03/08/2023 03/08/2023 ALL TRANSACTIONS CONSIDERED PAID IN FULL UPON CLEARANCE OF FINANCIAL INSTITUTION Text of Ad: 02/23/2023 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) commenc- ing at 9:00 A.M. on March 28, 2023, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center,3299 East Tamiami Trail, Naples,FL to consider: 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 AN OPT OUT OPTION; PROVIDING FOR DUTIES OF THE COUNTY MANAGER; PROVIDING FOR CONFLICT AND SEVERABILITY; PRO- VIDING 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 three(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 ten (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 three (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 (7) 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 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/our-county/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. Indi- viduals who register will receive an email in advance of the pub- lic 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 is- sues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@collier countyfl.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 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(2)days prior to the meeting. Assist- ed 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 OF THE CIRCUIT COURT&COMPTROLLER By:Merline Forgue,Deputy Clerk (SEAL) Pub Date:Mar.8,2023#5608347 Merline Forgue From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com> Sent: Thursday, February 23, 2023 4:47 PM To: Merline Forgue Subject: RE: 5608347 - RE: Your AdOrder Attachments: OrderConf.pdf External Message: Please use caution when opening attachments, clicking links, or replying to this message. Hello, The notice has been updated. Please see the attached. Thank you, Forrest Grade Public Notice Representative Office: 844-254-5287 Original Message From: Merline Forgue <merline.forgue@collierclerk.com> Sent: Thursday, February 23, 2023 3:15 PM To: Oettinger, Erin <EOettinger@localiq.com> Subject: 5608347- RE: Your AdOrder Good afternoon, Please see the attached. The address in the Capturel attachment has the wrong address, does that matter for you? Can we also change the account#324560 for the county attorney's office? Thank you, BMR STAFF Original Message From: GWM-Erin GWM-Oettinger<eoettinger@gannett.com> Sent: Thursday, February 23, 2023 3:06 PM To: Merline Forgue <merline.forgue@collierclerk.com> Subject: Your AdOrder External Message: Please use caution when opening attachments, clicking links, or replying to this message. 5608347 1 Merline Forgue From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Friday, February 24, 2023 9:03 AM To: Minutes and Records; Merline Forgue Cc: AlthouseTammy Subject: proof approval: 5608347 - Private Rd MSTU - 3/28/23 Attachments: OrderConf.pdf Attorney approval is below, there are no other staff or applicant approvals required for this ad. Thank you, Wanda Rodriguez, ACP, CT.M Office of the County .Attorney (239) 252-8400 c-iTIFIEo `ho 9 CUM, C program4. CeralIle Public Manager From: KlatzkowJeff<Jeff.Klatzkow@colliercountyfl.gov> Sent: Friday, February 24, 2023 8:46 AM To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Subject: RE: proof for approval: 5608347 - Private Rd MSTU - 3/28/23 Approved. Jeffrey A. Klatzkow Collier County Attorney (239) 252-2614 From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent:Thursday, February 23, 2023 4:58 PM To: KlatzkowJeff<Jeff.Klatzkow@colliercountyfl.gov> Subject: proof for approval: 5608347- Private Rd MSTU - 3/28/23 Jeff, For your approval. The title matches the ordinance. Wanda Rodriguez, MCP, CPM i 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 routingf Ines 41 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 00(0 3J. a/2i 4. BCC Office Board of County Commissioners . �. J to/5/ 3/3/fZ?j 5. Minutes and Records Clerk of Courts Office (WA/ i a- t'WM. 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 -5-. 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) I. 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 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 _ r • '�_" Chairman's signature. ,e 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 P RESOLUTION NO. 2023 -5 2 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 AO(11, 2023 at 9:00 a.m., or as soon thereafter as practical, in the Boardroom, 3`d 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 2 w day of /I/1 f Y C,-/ , 2023. ATTEST: 9A+ , BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL\Z ,CLERK COLLIER CONTY, FLORIDA 2 By: L , J k.�4V By: 7-- as.ta.Cha 4 4; , ,� k I . LoCastro, Chairman Ap as ud 0 d i . AI Attachments: k`, ,.' Exhibit"A" - Sketch& Description Derek D. 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