Agenda 06/13/2023 Item #16F5 (Resolution- Fixing the date, time and place for the public hearing for approving Special Assessment Non-Ad Valorem Assessment )16.F.5
06/13/2023
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution fixing September 7, 2023, 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 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 mangrove forest 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.
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 beach renourishment, 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 7, 2023 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 1 and September 15, 2023 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 2023-2024.
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 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.
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16.F.5
06/13/2023
Prepared By: Karin Herrmann, Project Manager I, Pelican Bay Services Division
ATTACHMENT(S)
1. Resolution fixing date time FY24 - JAK signed (PDF)
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16.F.5
06/13/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.5
Doe ID: 25700
Item Summary: 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
Meeting Date: 06/13/2023
Prepared by:
Title: — Pelican Bay Services
Name: Karin Herrmann
06/01/2023 12:37 PM
Submitted by:
Title: Project Manager — Pelican Bay Services
Name: Lisa Jacob
06/01/2023 12:37 PM
Approved By:
Review:
Pelican Bay Services
County Attorney's Office
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Chad Coleman
Mgr - PBSD
Jeffrey A. Klatzkow Level 2 Attorney Review
Debra Windsor
Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Laura Zautcke
Additional Reviewer
Amy Patterson
Level 4 County Manager Review
Geoffrey Willig
Meeting Pending
Completed
06/01/2023 1:04 PM
Completed
06/02/2023 11:09 AM
Completed
06/02/2023 11:15 AM
Completed
06/02/2023 2:42 PM
Completed
06/05/2023 12:36 PM
Completed
06/07/2023 8:33 AM
06/13/2023 9:00 AM
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16.F.5.a
RESOLUTION NO.2023-
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, MANAGEMENT OF THE
DREDGING AND MAINTENANCE ACTIVITIES FOR CLAM PASS FOR
THE PURPOSE OF ENHANCING THE HEALTH OF THE AFFECTED
MANGROVE FOREST AND ESTABLISHMENT OF CAPITAL RESERVE
FUNDS FOR AMBIENT NOISE MANAGEMENT, THE MAINTENANCE
OF CONSERVATION OR PRESERVE AREAS, 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 TO VANDERBILT
BEACH ROAD, BERMS, 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.
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
renourishment, 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 utilizing 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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the establishment of Capital Reserve Funds for ambient noise management, the maintenance of the
water management system, beautification of recreational facilities and median areas, beach
renourishment and maintenance of conservation or reserve areas within the Pelican Bay Municipal
Service Taxing and Benefit Unit is necessary for funding the required payments for the operation,
repair and maintenance of the water management system, beautification of recreational facilities and
median areas, and maintenance of conservation and preserve areas, including the restoration of the
mangrove forest preserve during Fiscal Year 2023-2024.
SECTION THREE. A public hearing before the Board of County Commissioners on the
Preliminary Assessment Roll (Non -ad Valorem Assessment Roll) of the estimated costs, including
Capital Reserve Funds for the maintenance of conservation or preserve areas, U.S. 41 berms within
the boundaries of the Unit, street sign replacements within the median areas, ambient noise
management, landscaping improvements within the boundaries of the Unit, landscaping improvements to
the U.S. 41 entrances within the boundaries of the Unit, the maintenance of the water management
system, and beautification of recreation facilities and median areas, during Fiscal Year 2023-2024
between the County and each property owner of land within the Pelican Bay Municipal Service Taxing and
Benefit Unit will be held on Thursday, September 7, 2023 at 5:05 P.M. at The Collier County
Government Center 3299 East Tamiami Trail, Board Room, Third Floor, W. Harmon Turner Building,
Naples, Florida, at which time the Board of County Commissioners will hear objections of the owners of
the properties within the Pelican Bay Municipal Service Taxing and Benefit 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
name and post office address of such person, firm or corporation, together with the brief description
or designation of such lot or parcel. The Clerk shall cause the notice of such public hearing to be
published one time in the Naples Daily News, a newspaper published in Collier County and circulatingin
the Unit, not less than twenty (20) days prior to said date of the hearing. Notice of such public hearing
to consider the adoption of the Preliminary Assessment Roll (Non -Ad Valorem Assessment Roll) shall
also be mailed first class mail to all the property owners on the Preliminary Assessment Roll (Non -Ad
Valorem Assessment Roll) at the address provided for on said roll.
SECTION FOUR. Notice of such hearing shall be in substantially the following form:
Notice is hereby given that the Board of County Commissioners of Collier County, Florida,
will meet on Thursday, September 7, 2023 at 5:05 P.M. at The Collier County Government Center, 3299
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East Tamiami Trail, Board Room, W. Harmon Turner Building, Third Floor, Naples, Florida, for the
purpose of hearing objections, if any, of all interested persons to the adoption of the Preliminary Assessment
Roll (Non -ad Valorem Assessment Roll) allocating the assessable costs including Capital Reserve Funds
for ambient noise management, the maintenance of conservation or preserve areas, 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 to Vanderbilt Beach Road; U.S. 41 berms within the
boundaries of the Unit, street sign replacements within the median areas, beach renourishment,
landscaping improvements within the boundaries of the Unit, landscaping improvements to the U.S.
41 entrances within the boundaries of the Unit, the maintenance of the water management system, and
beautification of recreation facilities and median areas within the Pelican Bay Municipal Service
Taxing and Benefit Unit which comprises and includes those lands described as follows:
A tract of land being in portions of Sections 32 and 33, Township 48 South, Range
25 East; together- with portions of Sections 4, 5, 8 and 9, Township 49 South, Range 25 East,
Collier County, Florida, being one and the same as the lands encompassed within the Pelican
Bay Municipal Service Taxing and Benefit Unit, the perimeter boundary of same more
particularly described as follows:
Commencing at the Southeast corner of said Section 33; thence South 89 degrees 59
minutes 50 seconds West along the South line of Section 33 a distance of 150.02 feet to a point
on the West right-of-way line of U.S. 41 (State Road 45), said point also being the Point of
Beginning; thence Southerly along the West right-of-way line of said U.S. 41 (State Road 45)
the following courses: South 00 degrees 58 minutes 36 seconds East a distance of 2.49 feet;
thence South 00 degrees 55 minutes 41 seconds East a distance of 3218.29 feet; thence South
O1 degrees 00 minutes 29 seconds East a distance of 3218.56 feet; thence South 00 degrees
59 minutes 03 seconds East a distance of 2626.21 feet; thence South 01 degrees 00 minutes
18 seconds East a distance of 2555.75 feet to a point on the North right-of-way line of Pine
Road as recorded in D.B. 50, Page 490, among the Public Records of said Collier County;
thence departing said U.S. 41 (State Road 45) South 89 degrees 09 minutes 45 seconds West
along said North right-of-way line a distance of 2662.61 feet; thence South 00 degrees 51
minutes 44 seconds East a distance of 70.00 feet to a point on the North line of Seagate Unit
1 as recorded in Plat Book 3, Page 85 among said Public Records; thence South 89 degrees
09 minutes 45 seconds West along said North line of Seagate Unit 1 and the South line of
said Section 9 a distance of 2496.67 feet to the Southwest corner of said Section 9; thence
continue South 89 degrees 09 minutes 45 seconds West a distance of 225 feet more or less to
a point on the mean high water line established May 15, 1968; thence a Northwesterly
direction along said mean high water line a distance 15716 feet more or less; thence departing
said mean high water line South 80 degrees 29 minutes 30 seconds East and along the
Southerly line of Vanderbilt Beach Road (State Road 862) as recorded in D.B. 15, Page 121
among said Public Records a distance of 7385 feet more or less to a point on said West right-
of-way line of U.S. 41 (State Road 45); thence South 00 degrees 58 minutes 36 seconds East
along said West right- of -way line a distance of 2574.36 feet to the Point of Beginning.
A copy of the Preliminary Assessment Roll (Non -ad Valorem Assessment Roll) for each lot
or parcel of land to be assessed is on file at the Clerk to the Board's Office, County Government Center,
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W. Hannon Turner Building, Fourth Floor, 3299 East Tamiami Trail, Naples, Florida and in the offices of
the Pelican Bay Services Division, 801 Laurel Oak Drive, Suite 102, Naples, Florida, and is open to
the inspection of the public.
All affected property owners have a right to appear and be heard at the public hearing and to
file written objections to the adoption of a resolution approving the Preliminary Assessment Roll (Non -
Ad Valorem Assessment Roll) with the Board within 20 days of this notice based upon the grounds
that it contains items which cannot be properly assessed against property, that the computation of the
special assessment is incorrect, or there is a default or defect in the passage or character of the
resolution, or the Preliminary Assessment (Non -ad Valorem Assessment) is void or voidable in whole or
part, or that it exceeds the power of the Board. At the completion of the hearing, the Board shall either
annul or sustain or modify in whole or in part the Preliminary Assessment (Non -ad Valorem
Assessment) as indicated on such roll, either by confirming the Preliminary Assessment (Non -ad
Valorem Assessment) against any or all lots or parcels described therein or by canceling, increasing,
or reducing the same, according to the special benefits which the Board decides each such lot or parcel has
received or will receive on account of such improvements. The assessment so made shall be final and
conclusive as to each lot or parcel assessed unless proper steps are taken within twenty (20) dayswith
a court of competent jurisdiction to secure relief.
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
median areas, and maintenance of conservation and preserve areas utilizing an Equivalent Residential Unit
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
areas is $5,215,600 which equates to $680.90 per Equivalent Residential Unit based on 7659.90
assessable units.
The Board will levy a Special Assessment (Non -ad Valorem Assessment) for the establishment
of Capital Funds for ambient noise management, the maintenance and restoration of the
conservation or preserve areas, U.S. 41 berm improvements within the Unit, street sign
replacement within the median areas, landscaping improvements and U.S. 41 entrance improvements
within the Unit, utilizing an Equivalent Residential Unit based methodology. The total assessment
for these Capital Funds is $1,946,400 which equates to $254.10 per Equivalent Residential Unit based
on 7659.90 assessable units. The Special Assessment (Non -ad Valorem Assessment) will be collected
by the Collier CountyTax Collector on the owner's Ad Valorem Tax Bill pursuant to Section
197.3632, Florida Statutes. Failure to pay the Special Assessment (Non -ad Valorem Assessment)
and your property taxes will cause a tax certificate to be sold against the property, which may result
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in a loss of title to the property. Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which
the appeal is to be based.
BOARD OF COUNTY COMMISSIONERS
RICK LOCASTRO, CHAIRMAN
CRYSTAL K. KINZEL, CLERK
SECTION FIVE. The Clerk is hereby directed to record this Resolution in the minutes 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 day of July, 2023.
ATTEST:
Crystal K. Kinzel, Clerk of Courts
, Deputy Clerk
, County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Rick LoCastro, Chairman
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