Backup Documents 06/13/2023 Item #16F 5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP . 6 F 5 «
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.
** 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 routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office
,Ak/, 6/13/23
4. BCC Office Board of County
Commissioners RL 4/h'j/ / 6/zI/a's5. Minutes and Records Clerk of Court's Office MF � �_ I O: t�9
PRIMARY CONTACT INFORMATION I
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 Karin Herrmann, Pelican Bay Services Phone Number 239-252-1357
Contact/Department Division
Agenda Date Item was 6/13/23 Agenda Item Number 16.F.5
Approved by the BCC
Type of Document(s) Resolution ��✓ l U?, f O ' Number of Original 1
Attached Documents Attached
PO number or account *Please email a completed copy to
number if document is Dawn.Brewer(cr�,colliercountyfl.gov
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(instead of stamp)? KH
2. Does the document need to be sent to another agency for additional signatures? If yes, KH
provide the Contact Information(Name; Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legality. (All documents to be signed by KH
the Chairman,with the exception of most letters,must be reviewed and signed by the
Office of the County Attorney.)
4. All handwritten strike-through and revisions have been initialed by the County Attorney KH
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 KH
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 may,
signature and initials are required. fit
7. In most cases(some contracts are an exception),the original document and this routing slip KH
should be provided to the County Attorney Office at the time the item is uploaded to the
agenda. 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 6/13/23 and all changes made during the KH N/A is not
meeting have been incorporated in the attached document. The County Attorney an option for
Office has reviewed the changes, if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC, all changes directed by the BCC have been made, and the document is ready for the ,�,�k'/ an option for
Chairman's signature. this line.
•
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revised 1.26.05;2.24.05; 11/30/12;4/22/16;9/10/21
t6F54
RESOLUTION NO.2023- 1 0 8
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:
$ECTION 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:
NOTICF
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
01 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. Harmon 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,
thisI`day of June, 2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel,Clerk:of Courts COLLIER COUNTY, FLORIDA
By: By:
Attest as t Chairmarr'Ieputy Clerk Rick LoCastro.Chairman
signature only
Appro :d to ' v • -. -ga rty:
-411 If/
IN Yalu.
Jeffrey ' atz w, County Attorney
i23-PLL-00114/1795220/1J