Agenda 06/26/2012 Item #16F 5EXECUTIVE SUMMAR!'
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 and landscaping improvements to U.S. 41 entrances, 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 and landscaping
improvements to U.S. 41 entrances, all within the Pelican Bay Municipal Service Taxing
and Benefit Unit.
CONSIDERATION: The County Commission, as part of Ordinance 2002 -27, as
amended by Ordinance 2006 -05, 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 6, 2012 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, 2012 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 2012 -2013.
FISCAL IMPACT: There is no Fiscal Impact associated with this Executive Summary.
LEGAL CONSIDERATIONS: The County Attorney reviewed the Resolution and this
item is legally sufficient for Board consideration. A majority vote is required - JAK
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:;'ecuiive Summa-,\
c�aaE _
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive Summary.
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 and landscaping improvements to U.S. 41
entrances, all within the Pelican Bay Municipal Service Taxing and Benefit Unit.
Prepared by: Mary McCaughtry, Operations Analyst, Pelican Bay Services Division
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COLLIER. COUNT
Board of County Commissioners
Item Number: 16.F.5.
Item Summary: 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.
Meeting Date: 6/26/2012
Prepared By
Name: McCaughtryMary
Title: Operations Analyst, Pelican Bay Services
6/15/2012 3:14:20 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney
Date: 6/15/2012 4:32:41 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/15/2012 4:52:54 PM
Name: GreenwaldRandy
Title: Management /Budget Analyst,Office of Management & B
Date: 6/18/2012 9:31:45 AM
Name: OchsLeo
Title: County Manager
Date: 6/18/2012 11:52:34 AM
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RES0L`7' I0N NO. y �-
A RESOLUTION FIXING THE DATE, TIME AND PLACE FOR THE
PUBLIC HEARING FOR .APPROVING THE SPECIAL ASSESSMENT
(NON —AID 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 ENT OF
CAPI'T'AL. RESERVE FUNDS FOR AMBIENT NOISE MANAGEMENT, THE
MAINTENANCE OF CONSERVATION OR PRESERVE AREAS,
INCLUDING THE RESTORA'T'ION OF THE MANGROVE FOREST
PRESERVE AND TO :FINANCE THE LANDSCAPING BEAUTIFICATION
OF ONLY THAT PORTION OF U.S. 41 FROM PINE RIIDGE LOAD TO
VANTDERBILT BEACH ROAD, BERMS, STREET SIG SAGE
REPLACEMENTS WITHIN THE MEDIAN AREAS AND LANDSCAPING
IMPROVEMENTS TO U.S. 41 ENTRANCES, 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 and to
finance the landscaping beautification of only that portion of U.S. 41 from Pine Ridge Road to
Vanderbilt Leach Load: 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 RESOL, -v'EID BY T14E BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
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, Re:�r!lulion i-,, ad or),.c-6 purs-u a n', tol !U'�,-� !!"-;Y Q'.'
as ainended., and other applicable provisions of law.
SECTION TWO. It is hereby found and detern-iined that a Special Assessment which includes the
establishn-lent of Capital Reserve Funds for ambient noise management, the maintenance of the
water management system, beautification of recreational facilities and median areas, 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 2012-2013.
SECTION THREE. A public hearing before the Board of County Comin.issioners on the
Preliminary Assessment Roll (Non-ad Valorem Assessment Roll) of the estimated costs, including
Capital Reserve Funds for the maintenance of conservation or pres&fve areas, U.S. 41 berms within
the boundaries of the Unit, street sign replacements within the median areas, ambient noise
gn 111
management, landscaping improvements within the boundaries of the Unit. landscaping
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improvements to the U.S. 41 entrances within the boundaries of the Unit, the maintenance of the
� %'ater management system,, and beautification of recreation facilities and median areas, during Fiscal
Year 2012-201 ' ) 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 6, 2012 at
5:
P.M. at The Collier Comity Governinent Center 3299 East Tamiami Trail, Board Room, Third
Floor, W. Harmon Turner Building, Naples, Florida, at -which time the Board of County
Corninissioners 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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r'Ne in iria ` ssessmen: Roll (Non -ar_ A ssessrnon` Rol'; The Clerk shall keen Yeco� .. it
�vhicll 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 'fliiirsil y, September 6, 2012 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
Preliminaiy Assessment Roll (Non -ad Valorem Assessment Roll) allocating the assessable costs
incz:uding Capital Reserve Funds for ambient noise management, the maintenance of conservation or
nresen-e 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, 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
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l ai, i " 1 l f cat: _ = 0 1'e 'atlor IE CFl: le a--J! F__,taFan area 1, it,.F ?' to J -lican s. av ;?F :' a_
Servict T axing 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 ,,vay line of U.S. 41 (State Road 45), said point also being the
Point of Beginning; thence Southerly along the West right- of -wa1 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
Count}; 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 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
tt %est 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 257436 feet to the .Point of
Beginning.
A copy of the Preliminary Assessment Roll (Dion -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. Marmon Turner Bui.ldi.ng, Fourth Floor, 3299 East Tamiami Trail, Naples, Florida and in
the offices of the Pelican Bay Services Division, 801 Laurel Oak Drive, Suite 605, Naples, Florida,
and is open to the inspection of the public.
All affected property owners have a right to appear and be heard at file public hearing and to
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Eh WI- Itter_ C ➢bieCtlon': tC' the ado-Ot1o1 o FtSOI'LLU ?1 - th,: Preliminary , sstS ssnncrn Rol'
(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 f:or maintenance of the water
n-lanagenlent systen..z, beautification of recreational facilities, and median areas, and maintenance of
conservation or preserve areas is 52,573,500.00 which equates to $337.88 per Equivalent Residential
Unit based on 7617.29 assessable units.
The Board will levy a Special Assessment (Non -ad Valorem :Assessment) for the
establishment of Capital Reserve Funds for ambient noise management, the maintenance and
restoration of the conservation or preserve areas, 41 berm improvements within the Unit_ street
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re,nl aces n-,E!- vvitnjr. th,,, fliediar, 1aijds=,oinL imnjrovcn-jclal� anc,
improvements Mthin the Unit, utilizing an Equivalent Residential Unit based methodology. The
total assessment for these Capital Reserve Funds is S458,821.00 which equates to S60.2-3 per
Equivalent Residential Unit based on 7617.29 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 197.363-2, 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 rriav need to ensure that a verbatim record of the
proceedings is made, which record includes the testimon-v and evidence upon which the appeal is to
be based.
BOARD OF COT—TNTTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
BY: Isl 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.
Z:1-
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TT-T T Q P, 7 S
1TITIO1V , ADOPTED aft,.--,- moijon. second Lind majorltv votrf f, -vorin(; s=t. this
day of 201.2.
ATTEST:
DWIrGT1HT E. BROCK, CLERK
Ulf a
, Deputy Clerk
ApproVed as to form and
legal sufficiencv.-
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
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