Agenda 06/28/2016 Item #16F3 Proposed Agenda Changes
Board of County Commissioners Meeting
June 28, 2016
Move Item 16D23 to Item 11E: Recommendation to approve the Collier County U.S.Department of
Housing and Urban Development(HUD)5-Year Consolidated Plan for FY 2016-2020 to include a revised
Citizen Participation Plan,the Needs Assessment,the FY2016-2017 One-Year HUD Annual Action Plan for
Community Development Block Grant(CDBG),HOME Investment Partnerships and Emergency Solutions
Grant Programs,including the re-programming of funds from previous years for CDBG and HOME and
estimated CDBG program income; approve the Resolution,HUD Certifications,and SF 424 Application for
Federal Assistance,and authorize transmittal to the HUD. (Commissioner Fiala's request)
Deny Item 16J2 until such time as the Clerk certifies that the payables presented in this report have been pre-
audited as previously specified by the Board: To provide the Board a "Payables Report" for the period
ending June 22,2016 pursuant to the Board's request. (Staff's request)
Item 16F3: The proposed Resolution is modified as follows:
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
WIDITN THE MEDIAN AREAS,LANDSCAPING IMPROVEMENTS TO U.S.41 ENTRANCES AND
BEACH RENOURISHMENT, ALL WITHIN THE PELICAN BAY MUNICIPAL SERVICE TAXING
AND BENEFIT UNIT.
Time Certain Items:
Item 11C to be heard at 9:20 a.m.
Item 11A to be heard at 9:50 a.m.,followed by Item 11B
6/28/2016 16.F.3.
EXECUTIVE SUMMARY
Recommendation 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.
OBJECTIVE: 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.
CONSIDERATION: 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 8, 2016 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, 2016 in
order to insure 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 2016-2017.
FISCAL IMPACT: There is no Fiscal Impact associated with this Executive Summary.
LEGAL CONSIDERATIONS: The County Attorney reviewed the Resolution and approved
this item as to form and legality. A majority vote of the Board is required- JAI(
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
n with this Executive Summary.
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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.
Prepared by: Mary McCaughtry, Operations Analyst, Pelican Bay Services Division
Attachment: Resolution
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6/28/2016 16.F.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.F.16.F.3.
Item Summary: Recommendation 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.
Meeting Date: 6/28/2016
Prepared By
Name: Valerie Fleming
Title: Operations Coordinator,Office of Management&Budget
6/7/2016 8:02:53 AM
Submitted by
Title: Operations Coordinator,Office of Management&Budget
Name: Valerie Fleming
6/7/2016 8:02:54 AM
Approved By
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/9/2016 4:46:49 PM
Name: IsacksonMark
Title:Division Director-Corp Fin&Mgmt Svc,Office of Management&Budget
Date: 6/15/2016 10:42:36 AM
Name: CasalanguidaNick
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Title: Deputy County Manager,County Managers Office
Date: 6/16/2016 12:21:53 PM
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6/28/2016 16.F.3.
'-` RESOLUTION NO.2016-
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,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:
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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 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 2016-2017.
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 2016-2017 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 8, 2016 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
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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 circulating in 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
Notice is hereby given that the Board of County Commissioners of Collier County, Florida,
will meet on Thursday, September 8, 2016 at 5:05 P.M. at The Collier County Government
Center, 3299 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
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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, 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 302,Naples, Florida,
and is open to the inspection of the public.
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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) days with 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 $3,950,200.00 which equates to $518.719 per Equivalent
Residential Unit based on 7615.29 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
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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 $555,000.00 which equates to $72.879 per Equivalent Residential Unit
based on 7615.29 assessable units.
The Special Assessment (Non-ad Valorem Assessment) will be collected by the Collier
County Tax 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 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
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By:/s/Patricia L. Morgan
Deputy Clerk
(SEAL)
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.
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THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same,this
day of ,2016.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY,FLORIDA
By: By:
,Deputy Clerk DONNA FIALA,CHAIRMAN
Approve as s t and le:ality:
Jeffrey A Y ow
County o i y
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