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Agenda 09/13/2000 B COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PELICAN BAY SERVICES DMSION BUDGET HEARING TO BE HELD AT THE FOUNDATION CENTER 8962 HAMMOCK OAK DRIVE NAPLES, FLORIDA AGENDA Wednesday, September 13, 2000 7:00 p.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS 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. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIR3IAN. 1. PLEDGE OF ALLEGIANCE 2. ADVERTISED PUBLIC HEARING- BCC A. PRESENTATION OF FISCAL YEAR 2001 PELICAN BAY SERVICES DIVISION BUDGET. RESOLUTION CONFIRMING THE PRELIMINARY ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL AND ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECTION. 3. ADJOURN I September 13. 2000 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ADOPT THE RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL AND LEVYING THE SPECIAL ASSESSMENT AGAINST THE BENEFITED PROPERTIES WITHIN THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT. OBJECTIVE: The Board adopt the Resolution approving the Special Assessment Roll and levying the Special Assessment against the benefited properties within the Pelican Bay Municipal Service Taxing and Benefit Unit. CONSIDERATION: The attached Resolution provides for Board approval of the preliminary assessment roll as the final assessment roll, adopting same as the Non-ad valorem Assessment Roll for purposes of utilizing the Uniform Method of collection pursuant to Section 197.3632, Florida Statutes, 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 and preserve areas, and establishment of Capital Reserve Funds for the maintenance of conservation or preserve areas, U.S. 41 berms, street signage replacements within the median areas and landscaping improvements to U.S. 41 entrances, all within the Pelican Bay Municipal Service Taxing and Benefit Unit. FISCAL IMPACT: The total assessment identified in the roll is $1,822,300.00 for maintenance of the water management system, beautification of recreation facilities and median areas and maintenance of conservation and preserve areas. This equates to $234.52 per residential unit based on 7770.35 assessable units. The total assessment identified for the establishment of Capital Reserve Funds for the maintenance and restoration of the conservation or preserve area, U.S. 41 berm improvements within the District, street sign replacement within the median areas, landscaping improvements and U.S. 41 entrance improvements within the District identified in the roll is $385,600.00 which equates to $49.63 per residential unit based on 7770.35 assessable units. The recording fees for recording the Assessment Roll and Resolution are estimated to be approximately $3,000 and are available in Fund 109. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: The Board adopt the Resolution approving the Special Assessment Roll and levying the Special Assessment against the benefited properties within the Pelican Bay Municipal Service Taxing and Benefit Unit. James P. Ward, Department Director :/ .Pelican Bay Services Division Michael A. McNees, Interim Director Transportation DATE: DATE: $EP 1 3 2000 6 7 8 9 10 11 13 14 15 16 17 18 19 RESOLUTION NO. 00- A RESOLUTION APPROVING THE PRELIMINARY ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL AND ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, 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 THE MAINTENANCE OF CONSERVATION OR PRESERVE AREAS, U.S. 41 BERMS, STREET SIGNAGE REPLACEMENTS WITHIN THE MEDIAN AREAS AND LANDSCAPING IMPROVEMENTS TO U.S. 41 ENTRANCES, ALL WITHIN THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT. 20 WHEREAS, the Pelican Bay Improvement District (hereinafter "District") was created and 21 operated pursuant to the provisions of Chapter 74-462, Laws of Florida, as amended, and was vested 22 with the power and authority to levy and collect special assessments and charges against real property 23 with the District; and 24 WHEREAS, the Board of County Commissioners of Collier County, Florida, on June 19, 25 1990 succeeded to the principal functions of the Pelican Bay Improvement District pursuant to 26 Chapter 74-462, Laws of Florida; and 27 WHEREAS, the Pelican Bay Improvement District completed construction of certain water 28 management improvements in accordance with the Plan of Reclamation of the Pelican Bay 29 Improvement District and such improvements are currently in operation; and 30 WHEREAS, the District's Board of Supervisors adopted a plan of dissolution for the District 31 transferring title to all property owned by the District to Collier County, including the water 32 management system; and 33 WHEREAS, the Board of County Commissioners adopted Ordinance No. 90-! 11 creating the 34 Pelican Bay Municipal Service Taxing and Benefit Unit which permits the levy of special 35 assessments; and 36 WHEREAS, the Preliminary Assessment Roll for maintenance of the water management 37 system, beautification of recreational facilities and median areas, and maintenance of conservation or 38 preserve areas, and establishment of Capital Reserve Funds for the maintenance of conservation or 39 preserve areas, U.S. 41 berms, street signage replacements within the median :ireas and landscaping 40 improvements to U.S. 41 entrances, all within the Pelican Bay Municipal Service Taxing and Benefit 41 Unit has been filed with the Clerk to the Board; and 42 WHEREAS, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 43 2000-259 fixing the date, time and place for the public hearing to approve the preliminary assessment I 1 3 2000 I roll and to adopt the non-ad valorem assessment roll to utilize the uniform method of collection 2 pursuant to Section 197.3632, Florida Statutes; 3 WHEREAS, said public hearing was duly adv~'tised and regularly held, at The Foundation 4 Center, 8962 Hammock Oak Drive, Naples, Florida, commencing at 7:00 P.M. on September 13, 5 2000. 6 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 7 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 8 SECTION ONE. The Board, having met to receive and consider the written objections of the 9 property owners and other interested p~sons appearing before the Board as to the propriety and 10 advisability of confirming and adopting the Pelican Bay Municipal Service Taxing and Benefit Unit 1 ! Preliminary Assessment roll, as to the amounts shown thereon to be assessed against the lots and 12 parcels of land to be benefited and as to the equalization of such assessments on a basis of justice and 13 right, does hereby confirm such preliminary assessment roll and make it final and adopt same as the 14 final non-ad valorem assessment roll for the purpose of using the uniform method of collection. 15 The total special assessment for maintenance of the water management system and the 16 beautification of the recreational areas and median areas, and maintenance of conservation or preserve 17 areas is $1,822,300.00 which equates to $234.52 per Equivalent Residential Unit based on 7770.35 18 assessable units. 19 The total assessment for the establishment of Capital Reserve Funds for the maintenance and 20 restoration of the conservation or preserve areas, U.S. 41 berm improvements within the District, 21 street sign replacement within the median areas, landscaping improvements and U.S. 41 entrance -22 improvements within the District, utilizing an Equivalent Residential Unit based methodology. The 23 total assessment for these Capital Reserve Funds for the maintenance and restoration and landscaping 24 improvements is $385,600.00 which equates to $49.63 per Equivalent Residential Unit based on 25 7770.35 assessable units. The total assessments against the benefited properties are described and set 26 forth in the preliminary assessment roll (non-ad valorem assessment roll) attached hereto as Exhibit 27 "A" and incorporated h~rein. The Board hereby confirms the special assessments and the attached 28 Exhibit "A" is the final assessment roll (non-ad valorem assessment roll). 29 SECTION TWO. Such assessments are hereby found and determined to be levied in direct 30 proportion to the special and positive benefits to be received by the properties listed in the preliminary 31 assessment roll (non-ad valorem assessment roll), which is attached hereto as Exhibit "A" and are 32 located within the Pelican Bay Municipal Service Taxing and Benefit Unit which is described as 33 follows: 34 35 A tract of !and being in portions of Sections 32 and 33, Township 48 South, Range 36 25 East; together with portions of Sections 4, 5, 8 and 9, Township 49 South, 37 Range 25 East, Collier County, Florida, being one and the same as the lands $EP ! 3 2000 1 2 3 4 5- 6 7 8 9 lO !I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 49 encompassed by the Pelican Bay Improvement District, the perimeter boundary of same more particularly described as follows: Commencing at the Southeast comer 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 I and the South line of said Section 9 a distance of 2496.67 feet to the Southwest comer 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. SECTION THREE. Upon adoption of this Resolution any assessment may be paid at the Office of the Clerk within thirty (30) days thereafter, all assessments shall be collected pursuant to Sections 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing the collection of such assessments on the same bill as ad valorem taxes, which shall be billed with the ad valorem taxes that become payable on November 1, 2000 and delinquent on April I, 2001. SECTION FOUR. The assessment shall be final and conclusive as to each lot or parcel assessed and any objections against the making of any assessable improvements not so made shall be considered as waived, and if any objection shall be made and overruled or shall not be sustained, the adoption of this resolution approving the final assessment shall be the final adjudication of the issues presented unless proper steps shall be taken in a court of competent jurisdiction to secure relief within twenty (20) days from the adoption of this Resolution. SECTION FIVE. All assessments shall constitute a lien upon the property so assessed from the date of confirmation of this Resolution of the same nature and to the same extent as the lien for general county taxes falling due in the same year or years in which such assessment falls due, and any assessment not paid when due shall be collected pursuant to Chapter 197, Florida Statutes, in the same manner as property taxes are collected. No. SECTION SIX. The Clerk is hereby directed to record this Resolution and all Exhibits a~l~i ~ ,~ 2000 hereto in the Official Records of Collier County. pg._ 3 5 7 9 I0 .S...ECTION SEVEN. This Resolution shall become effective immediately upon its passage. This Resolution adopted this 13th day of September, 2000, after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK 11 12 13 Approved as to form and 14 legal sufficiency: 17_ ~ ~ ' 18 ~'a~'~icl (~.-~ei~el - 19" County Attorney 20 21 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY J. CONSTANTINE, CHAIRMAN 4 SEP ! 3 2000 PELICAN BAY OF MEXICO mO.