Loading...
Agenda 06/14/2011 Item #16K4 Agenda Changes Board of County Commissioners Meeting June 14, 2011 Withdraw Item 16B2: A Resolution by the Board of County Commissioners of Collier County, Florida, designating the parcels of land depicted in the attached Exhibits A-G associated with the Immokalee Enterprise Zone as a Brownfield Area of Collier County for the purpose of economic development and environmental rehabilitation; authorizing the County Manager or his designee to notify the Department of Environmental Protection of said designation; and providing for an effective date (Staff request - wasn't advertised) Move Item 16C1 to Item 101: Recommendation to reject all quotes for the Lift Station 103.01 Rehabilitation Project and re-quote Project 70046. (Commissioner Fiala request) MOVE ITEM 16K4 TO ITEM 16F5: RECOMMENDATION THE BOARD OF COUNTY COMMISSIONERS 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. (STAFF REQUEST-ITEM PLACED UNDER COUNTY ATTORNEY'S REPORT IN ERROR) Move Item 17 A to Item 8A: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. PUDZ-2007- AR-12292: Cope Reserve RPUD -- An ordinance amending Ordinance Number 2004-41, the Collier County Land Development Code, which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps; by changing the zoning classification of the herein described real property from the Estates (E) Zoning District to the Residential Planned Unit Development (RPUD) Zoning District for a project to be known as the Cope Reserve RPUD. The project proposes a total of 43 single-family detached dwelling units in Section 8, Township 50 South, Range 26 East, Collier County, Florida, consisting of 14.3:1:: acres; and by providing an effective date. (Commissioner Fiala's request) Move Item 17G to 8B: Recommendation to adopt an ordinance amending Chapter 49 of the Collier County Code of Laws and Ordinances, relating to economic development, which will establish additional criteria to be evaluated (1) when there is a request to lessen or waive certain requirements in existing economic development ordinances and programs, and (2) when there is an application seeking grants and/or other incentives which fall outside existing economic development ordinances and programs. (Commissioner Hiller's request) Note: Item 10C: Recommendation to award a construction contract in the amount of $25,935,<170.53 $24,905,238.93 to Astaldi Construction Corporation and reserve $3,315,000.00 on the purchase order for funding allowances, for a total of $28,220,238.93 for ITB No. 10-5342 - "SR 84 (Davis Boulevard) Radio Road to Collier Boulevard; SR/CR 951 Intersection improvements; Collier Blvd (SR/CR 951) North to Magnolia Pond Drive; and CR 951 (Collier Boulevard) North to the E Golden Gate Canal", Project No. 60073 and Project No. 60092. (Staff's request - typographical error in dollar amount) Item 16D5: Recommendation to approve and authorize the Chairman to sign an amendment to the 2010 Community Development Block Grant (CDBG) Subrecipient Agreement with the Community Redevelopment Agency (CRA) Immokalee approved on October 26, 2010 (Item HiDli) (Item 16D3). This amendment will correct a scrivener's error and revise the scope of services on the original agreement to include travel costs. The scope revision will not increase the previously awarded grant total. (Commissioner Henning's request) Item 16E2: There was a page omitted from the back up documents on the monthly change order report. "Under item 6 of the change order report, the cost of the added service is 17 cents per member (employee or dependent) per month". (Staff's request) Time Certain Items for Tuesdav. June 14: Item 9B to be heard at 9:45 a.m. Item 9C to be heard immediately following Item 9B Item 9F to be heard at 1 :05 p.m. Item lOB to be heard at 10:45 a.m. Item 10F to be heard at 2:00 p.m. Item lIA to be heard at 12:00 noon-Closed Session Item lIB to be heard at 1:00 p.m. Time Certain Items for Wednesdav. June 15: Item 10D to be heard at 10:00 a.m. Item 10E to be heard at 9:00 a.m. 6/14/2011 8:50 AM . . . 6/14/2011 Item 16.KA. 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 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 8,2011 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, 2011 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 2011-2012. FISCAL IMPACT: There is no Fiscal Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: The County Attorney reviewed the Resolution and this item is legal sufficient for Board consideration. A majority vote is required. - JAK Packet Page -2020- . . . 6/14/2011 Item 16.KA. Executive Summary Page 2 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 sign age 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 Packet Page -2021- . . . 6/14/2011 Item 16.K.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.K.4. Item Summary: Recommendation that the Board of County Commissioners 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 Meeting Date: 6/14/2011 Prepared By Name: McCaughtryMary Title: VALUE MISSING 5/20/2011 3:33:36 PM Submitted by Title: VALUE MISSING Name: McCaughtryMary 5/20/2011 3:33:37 PM Approved By Name: KlatzkowJeff Title: County Attorney, Date: 5/25/2011 3:24:50 PM Name: KlatzkowJeff Title: County Attorney, Date: 5/27/2011 11 :24:31 AM Nan1e: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 6/6/2011 9:52:34 AM Name: IsacksonMark Title: Director-Corp Financial and Mgl11t Svs,CMO Date: 6/6/2011 10:15:06 AM Packet Page -2022- 6/14/2011 Item 16.KA. . . . Packet Page -2023- 6/14/2011 Item 16.KA. RESOLUTION NO. 2011-_ . I i ~ RESOLUTION FIXING THE DATE, TIME AND PLACE FOR THE P~BLIC HEARING FOR APPROVING THE SPECIAL ASSESSMENT ~ON-AD VALOREM ASSESSMENT) TO BE LEVIED AGAINST THE PROPERTIES WITHIN THE PELICAN BAY MUNICIPAL SERVICE ~'AXING AND BENEFIT UNIT FOR MAINTENANCE OF THE WATER , NAGEMENT SYSTEM, BEAUTIFICATION OF RECREATIONAL :ACILITIES Al\TJ) MEDIAN AREAS, AND MAINTENANCE OF qONSERVATION OR PRESERVE AREAS, AND ESTABLISHMENT OF GAPITAL RESERVE FUNDS FOR AMBIENT NOISE MANAGEMENT, THE l\f1AINTENANCE OF CONSERVATION OR PRESERVE AREAS, INCLUDING THE RESTORATION OF THE MANGROVE FOREST i BRESERVE 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 WITIDN THE MEDIAN AREAS AND LANDSCAPING IMPROVEMENTS TO U.S. 41 ENTRANCES, ALL WITIllN THE PELICAN I BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT. I I I WHEREAS, the Board of County Commissioners adopted Collier County Ordinance 2002- i I 27, as arended, creating the Pelican Bay Municipal Service Taxing and Benefit Unit (hereinafter "Unit") tor the purpose of providing street lighting, water management, ambient noise management, I I extraord~ary law enforcement service and beautification, including but not limited to beautification of recreitional facilities, sidewalk, street and median areas, identification markers, the maintenance ! i of cons~rvation or preserve areas, including the restoration of the mangrove forest preserve and to i fmance !the landscaping beautification of only that portion of U.S. 41 from Pine Ridge Road to I V ander~ilt Beach Road; and i I )VHEREAS, Section 197.3632, Florida Statutes, requires that a public hearing be held to I adopt a Non-ad Valorem Assessment Roll for purposes of utilizing the uniform method of collection. I ' I I ~OW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY ! I COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I I I i I I I I I . Packet Page -2024- 6/14/2011 Item 16.K.4. . . 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, 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 2011-2012. 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 2010-2011 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, 2011 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 . 2 Packet Page -2025- i I I I I I i I i I , Prelimin~ Assessment Roll (Non-ad Valorem Assessment Roll). The Clerk shall keep a record in ! which sh~ll be inscribed, at the request of any person, firm or corporation having or claiming to have i any inter~st in any lot or parcel of land within the Unit, the name and post office address of such 6/14/2011 Item 16.K.4. . I I person, :ijrm or corporation, together with the brief description or designation of such lot or parcel. I I The Cle* shall cause the notice of such public hearing to be published one time in the Naples Daily News, a pewspaper published in Collier County and circulating in the Unit, not less than twenty (20) I , days pri1r to said date of the hearing. Notice of such public hearing to consider the adoption of the ; PreliminlrrY Assessment Roll (Non-ad Valorem Assessment Roll) shall also be mailed first class i I mail to ~11 the property owners on the Preliminary Assessment Roll (Non-ad Valorem Assessment i Roll) at ~he address provided for on said roll. I I I SECTION FOUR. Notice of such hearing shall be in substantially the following form: I i i NOTICE ryotice is hereby given that the Board of County Commissioners of Collier County, Florida, I I will meet on Thursday, September 8, 2011 at 5:05 P.M. at The Collier County Government ! I I Center, $299 East Tamiami Trail, Board Room, W. Harmon Turner Building, Third Floor, Naples, I I' ' Florida, Ifor the purpose of hearing objections, if any, of all interested persons to the adoption of the I Preli.mi4ary Assessment Roll (Non-ad Valorem Assessment Roll) allocating the assessable costs I I includin~ Capital Reserve Funds for ambient noise management, the maintenance of conservation or I preserv~ areas, including the restoration of the mangrove forest preserve and to fmance the I I landsca~ing beautification of only that portion of U.S.41 from Pine Ridge Road to Vanderbilt Beach I Road; ~.s. 41 berms within tbe boundaries oftbe Unit, street sign replacements within tbe median areas, Itdscaping improvements within the boundaries of the Unit, landscaping improvements to the US 41 entrances within the boundaries of the Unit, the maintenance of the water management . 3 Packet Page -2026- 6/14/2011 Item 16.KA. . 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 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 of3218.56 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 comer of said Section 9; thence continue South 89 degrees 09 minutes 45 seconds West a distance of225 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, 3301 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 the public hearing and to 4 Packet Page -2027- 6/14/2011 Item 16.K.4. , file wri~en objections to the adoption of a resolution approving the Preliminary Asse~sment Roll . I (Non-ad iValorem Assessment Roll) with the Board within 20 days of this notice based upon the I ' grounds I that it contains items which cannot be properly assessed against property, that the i computation of the special assessment is incorrect, or there is a default or defect in the passage or characte~ 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 i i hearing, ithe Board shall either annul or sustain or modify in whole or in part the Preliminary ! AssessmFnt (Non-ad Valorem Assessment) as indicated on such roll, either by confirming the I . Prelimin~ Assessment (Non-ad Valorem Assessment) against any or all lots or parcels described I therein qr by canceling, increasing, or reducing the same, according to the special benefits which the Board dJcides each such lot or parcel has received or will receive on account of such improvements. I The ass+ment so made shall he 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. I I ! ]he Board will levy a Special Assessment (Non-ad Valorem Assessment) for operations and ! I mainten~ce of the water management system and the beautification of the recreational areas and I , median I areas, and maintenance of conservation and preserve areas utilizing an Equivalent I . I i Residential Unit based methodology. The total assessment for maintenance of the water I managebent system, beautification of recreational facilities, and median areas, and maintenance of I I I conserv4tion or preserve areas is $2,621,500.00 which equates to $344.10 per Equivalent Residential I Unit basFd on 7618.29 assessable units. I I 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 i restorati~m of the conservation or preserve areas, u.s. 41 berm improvements within the Unit, street ! . i 5 Packet Page -2028- 6/14/2011 Item 16.KA. . 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 Reserve Funds is $411,600.00 which equates to $54.03 per Equivalent Residential Unit based on 7618.29 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 s~ld 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 FRED W. COYLE, 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. 6 Packet Page -2029- 6/14/2011 Item 16.K.4. ~IS RESOLUTION ADOPTED after motion, second and majority vote favoring same, this . _d~yof ,2011. ! I i I I ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHjr' E. BROCK, CLERK COLLIER COUNTY, FLORIDA I , Deputy Clerk By: FRED W. COYLE, CHAIRMAN By: Approv~d as to form and , leg sufPciency: ----- . . 7 Packet Page -2030-