Agenda 06/14/2011 Item #17F
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6/14/2011 Item 17.F.
EXECUTIVE SUMMARY
Recommendation that the Board approve a proposed amendment to Collier County
Ordinance No. 2006~56, the Rock Road Improvement Municipal Service Taxing Unit, to
amend the geographical boundaries of the MSTU to remove two properties that no longer
derive benefit from the MSTU's stated purpose, to add properties determined to derive
benefit, and ~o create an advisory committee to provide input to county staff as to future
projects within the MSTU.
OBJECTIVE: To obtain approval of a proposed amendment to Collier County Ordinance Number
2006-56, the Rock Road Improvement Municipal Service Taxing Unit (the ''MSTU'') to amend the
geographical boundaries of the MSTU by removing two properties that no longer derive benefit from the
MSTU's stated purpose, add 27 additional properties determined to derive benefit, and to create an
advisory committee to provide input and direction to County Staff as to future projects within the MSTU,
CONSIDERATION: On November 28, 2006, the Board of County Commissioners adopted
Ordinance 2006-56, establishing the Rock Road Improvement Municipal Service Taxing Unit, providing
a means to maintain the roadways and other facilities such as drainage, sidewalks and street lighting,
within the defined boundaries. As a result of vegetative overgrowth within the MSTU, two properties
that originally had access to Rock Road along interior dirt roads, no longer have access. Because those
two parcels owners no longer benefit from the ability to access and travel upon Rock Road from their
properties, staff is requesting that the Board revise the geographical boundaries of the MSTU to remove
those affected properties.
Further, upon further review staff identified 27 additional properties that benefit from the MSTU's
improvements and have access to Rock Road. As to these additional properties, the parcel owners have
no access to lmmokalee Road other than by way of Rock Road.
Staff has held three town hall meetings during the past year to discuss relevant issues with the citizens
using Rock Road. The creation of an advisory committee is recommended to improve communication
between the property owners within the MSTU and staff. An advisory committee can better communicate
recommendations for future projects within the MSTU. Staff recommends the attached proposed
amendment to the ordinance, which includes the creation of an advisory committee. The proposed three
member advisory committee would meet semi~annually to help set the work program within the MSTU.
On April 26, 2011, the Board authorized staff to advertise a proposed amendment to the ordinance.
Following that approval, county staff conferred with the Collier County Property Appraiser's staff and
agreed that the number of proposed properties to be added to the MSTU should be 27 rather than the
previously proposed 34 properties. That change is reflected in the draft copy of the attached proposed
amended ordinance.
FISCAL IMPACT: Based upon the 2010 Trim Notices, the proposed amendment to the Ordinance to
remove two parcels from the MSTU will result in an approximate annual loss of $997.28 to the MSTU.
The addition of the 27 parcels will result in additional revenue to the MSTU of $4,527.15 annually.
Adjusted revenue based on parcels included in the revised boundary is estimated to be $36,055.18. Staff
charges (Transfer to Fund Ill) remain unchanged for FY-l1 at $5,300 and will be reassessed at FY-12
Budget cycle based on 'actual hours worked' for the Rock Road MSTU.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's
Office, is legally sufficient for Board action and only requires a majority vote for Board approval-SRT.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with
this Executive Summary.
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RECOMMENDATION: Thatthe Board of County Commissioners amend Collier 6/1~/2011 Item 17.F.
Number 2006-56, the Rock Road Improvement Municipal Service Taxing Unit, to modify the
geographical boundaries of the MSTU by removing two properties that no longer derive benefit from the
MSTU's stated purpose, add 27 additional properties detennined to derive benefit, and to create an
advisory committee to provide input and direction to County Staff as to future proj ects within the MSTU.
PREPARED BY: Darryl Richard, Project Manager, Department of Alternative Transportation Modes
Attachments: (1) Amended Ordinance
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6/1412011 Item 17.F.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.F.
Item Summary: Recommendation that the Board approve a proposed amendment to
Collier County Ordinance No. 2006-56, the Rock Road Improvement Municipal Service Taxing
Unit, to amend the geographical boundaries of the MSTU to remove two properties that no
longer derive benefit from the MSTU.s stated purpose, to add properties determined to derIve
benefit, and to create an advisory committee to provide input to county staff as to future
projects within the MSTU.
Meeting Date: 6/14/2011
Prepared By
Name: RichardDarryl
Title: Project Manager,Alternative Transportation Modes
5/24/2011 12:28:23 PM
Submitted by
Title: Project Manager,Alternative Transportation Modes
Name: RichardDarryl
5/24/2011 12:28:23 PM
Approved By
Name: ArnoldMichelle
Title: Director - Alt Transportation Modes,Alternative Tr
Date: 5/25/20119:29:46 AM
Name: BetancurNatali
Title: Executive Secretary,Transportation Engineering & Construction Management
Date: 5/27/2011 9:39:07 AM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 5/27/2011 2:42:42 PM
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6/14/2011 Item 17.F.
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 5/31/20114:48:07 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 6/2/2011 10:02:29 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/3/2011 3:17:00 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 6/6/2011 10:54:42 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 6/6/2011 11 :06:34 AM
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6/14/2011 Item 17.F.
ORDlNANCE NO. 2011-
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE
2006-56, (fIlE ROCK ROAD IMPROVEMENT MUNICIPAL
SERVICE TAXING UNIT); AMENDING SECTION TWO,
CREATION OF THE MUNICIPAL SERVICE TAXING UNIT;
PROVIDING FOR A SECTION CREATING THE ROCK ROAD
IMPROVEMENT ADVISORY COMMITTEE, APPOINTMENT AND
COMPOSITION; PROVIDING FOR THE TERMS OF OFFICE OF
THE ADVISORY COMMITTEE; AND PROVIDING FOR OFFICERS
OF THE ADVISORY COMMITTEE, QUORUM AND RULES OF
PROCEDURE; PROVIDING FUNCTIONS, POWERS AND DUTIES
OF THE ADVISORY COMMITTEE; PROVIDING FOR CONFLICT
AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR
EFFECTIVE DATE.
WHEREAS, on November 28, 2006, the Board of County Commissioners adopted
Ordinance No. 2006-56, establishing the Rock Road Improvement Municipal Service Taxing Unit;
and
WHEREAS, the Board of County Commissioners is the governing body of ~e Rock Road
Improvement Municipal Service Taxing Unit (the "MSTU") and directed staff to advertise an
amendment to Ordinance No. 2006-56 to: (1) amend the geographical boundaries of the MSTU to
remove those property owners that no longer have access to nor otherwise derive any benefit from
the MSTU's stated purpose and to include all property owners within the MSTU's amended
geographical boundaries; and (2) create an advisory committee that will meet semi-annually to work
with County Staff to review and recommend work programs and priorities to accomplish the
MSTU's purpose; and
WHEREAS, on June 14,2011, the Board of County Commissioners as the governing body
of the MSTU approved this amendment to Ordinance No. 2006-56.
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Underlined words are added; Struck Through words are deleted.
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6/14/2011 Item 17.F.
~OW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
cOMMlSSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County Ordinance No.
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2006-56 1S hereby amended to read as follows:
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Section One: Section Two, Creation of the Municipal Service Taxing Unit of Collier County
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Ordinange No. 2006-56 is hereby amended to read as follows:
SECTION TWO. Creation of the Municipal Service Taxing Unit
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1)here is hereby created and established the Rock Road Improvement Municipal Service
Taxing ~nit hereinafter referred to as the "MSTU." The properties within the Municipal Service
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Taxing Wnit and its boundaries are as described on the attached composite Exhibit ~ "A-I."
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which tbht is incorporated by reference. The following properties. which were previously located
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within the MSTU's boundaries. are expressly identified as outside of the amended boundaries of the
MSTU as stated in Exhibit A-I:
~olio Numbers:
d0211960007
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00211240002
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Section Two.
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Creation of the Rock Road Improvement Municipal Service Taxinf! Unit
Advisorv Committee. Appointment and Composition.
A. There is hereby created and established the Rock Road Improvement Municipal Service
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~axing Unit Advisorv Committee. hereinafter referred to as the "Committee."
B. The Committee shall consist of three (3) members who generally represent the area within
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the MSTU. Members of the Committee shall be appointed bv and serve at the pleasure of
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the Board of County Commissioners. Two members shall be permanent residents within the
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~STU and electors of Collier County. One member may be an owner of residential or
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cbmmercial property within the MSTU or an appointed representative of a business located
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within the MSTU and an elector of Collier County. An owner of residential or commercial
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p~opertv may be an individual. an officer of a corporation. or a partner of a partnership. The
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Underlined words are added; Struck Throu~h words are deleted.
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6/14/2011 Item 17.F.
. Board of County Commissioners shall consider appointment of members from different
parcels. subdivisions and/or the communities within the MSTU.
C. Appointment of the members to the Committee shall be by resolution of the Board of
County Commissioners. which resolution shall set forth the date of appointment and the
term of office.'.
D. Members of the Committee shall serve without compensation.
Section Three. Terms of Office of the Advisorv Committee.
The initial terms of office of the Committee shall be as follows:
A. Two (2) members shall be appointed for a term of two (2) years.
B. One (1) member shall be appointed for a term of three (3) years.
Thereafter each appointment or reappointment shall be for a term of three (3) years.
Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired
term of office.
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Section Four. 'Officers of the Advisorv Committee. Quorum and Rules of Procedure.
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A.
At its earliest opportunity. the membership of the Committee shall elect a chairman
and vice chairman from among its members. Officer's terms shall be for one (1)
year. with eligibility for re-election.
The presence of two (2) or more members shall constitute a QUorum of the
Committee necessary to take action and transact business.
The Committee shall be governed by the most current edition of Roberts Rules of
Order for the transaction of business and shall keep a written record of the meetings.
reports and exhibits. and other documentation for preservation by the County staff.
Committee member attendance requirements. including failure to attend meetings
and member removal from office are governed by Ordinance No. 2001-55. as it may
be amended. or by its successor ordinance.
B.
C.
D.
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Underlined words are added; Struck Though words are deleted.
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6/14/2011 Item 17.F.
Section Five. Functions. Powers and Duties of the Advisorv Committee.
~e functions. powers and duties of the Committee shall be as follows:
~. To aid and assist the Board of County Commissioners in carrying out the puroose of the
MSTU as set forth in this Ordinance.
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S. The Committee shall meet semi-annually to review and recommend work programs and
I priorities to the County Manager or his designee in accordance with the adopted budget
or budget amendments which may be adopted by the Board of County Commissioners.
The execution of work programs shall be under the direct supervision and responsibility
of the County Manager or his designee. Said work may be performed under contract (in
I accordance with law) or by County forces.
d. The Committee may adopt and amend "Guidelines" to govern the operation of the
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MSTU. subject to approval by the Board of County Commissioners.
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Section ~ix: Conflict and Severabilitv
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~ the event this Ordinance conflicts with any other Ordinance of Collier County or other
apPJicaJe law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held .
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invalid dr unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
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separate~ distinct and independent provision and such holding shall not affect the validity of the
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remaining portion.
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Section Seven: Inclusion in The Code of Laws and Ordinances
Jihe provisions of this Ordinance shall become and be made a part of the Code of Laws and
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Ordinan6es of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
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lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
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any other appropriate word.
Section Eieht: Effective Date
1[his Ordinance shall be effective upon :filing with the Florida Department of State.
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Underlined words are added; Struck Through words are deleted.
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6/14/2011 Item 17.F.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this l4th day of June, 2011.
ATTEST:
DWIGHf E. BROCK, Clerk
Deputy Clerk
Approved as to form and
Legal sufficiency:
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Scott R. Teach
Deputy County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
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Underlined words are added; Struck Throu~ words are deleted.
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EXHIBIT A-1 BC~UNDARY MAP 6/1:~~~lt;mJI7.~
ROCK ROAD MSTU
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LEGEND:
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--t EXISTING BOUNDARY
=+ NEW BOUNDARY
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DATE: 03-22-11; DRAWN BY: DARRYL RICHARD, PROJECT MANAGER; ATM DEPT.
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6/14/2011 Item 17.F.
EXHIBIT A-I
PAGE20F3
GEOGRAPIDc BOUNDARIES:
The boundaries of the ROCK ROAD IMPROVEMENT MUNICIPAL SERVICE TAXING
UNIT shall comprise all that land located in Collier County, Florida and specifically described
as:
The North half of Section 32, Township 48 South, Range 27 East, Collier County, Florida;
And;
All of Section 29, Township 48 South, Range 27 East, Collier County, Florida;
Less the following described parcels:
The East One Hundred (100) feet of the West 360 feet of the North One Half of the North West
Quarter of the North East Quarter of Section 29, Township 48 South, Range 27 East, Collier
County, Florida, less the North 179.18 feet previously dedicated for road right-of-way.
The East One Hundred (100) feet of the West 660 feet of the North One Half of the North West
Quarter of the North East Quarter of Section 29, Township 48 South, Range 27 East, Collier
County, Florida, less the North 179.18 feet previously dedicated for road right-of-way.
The North One Half of the North West Quarter of the North East Quarter of Section 29,
Township 48 South, Range 27 East, Collier County, Florida, less the West 660 feet and less the
North 179.18 feet previously dedicated for road right-of-way.
The East One Half of the Southwest Quarter of the Northwest Quarter of the Northeast Quarter
of Section 29, Township 48 South, Range 27 East, Collier County, Florida, less the South Thirty
(30) feet thereof.
The Southeast Quarter of the Northwest Quarter of the Northeast Quarter of Section 29,
Township 48 South, Range 27 East, Collier County, Florida, less the South Thirty (30) feet
thereof and less the East Thirty (30) feet thereof.
The West 400 feet of the East 660 feet of the North Half of the Northeast Quarter of the
Northeast Quarter of Section 29, Township 48 South, Range 27 East, Collier County, Florida.
The East One Hundred feet of the West 660 feet of the Northwest quarter of the Northeast
quarter of the Northeast quarter of Section 29, Township 48 South, Range 27 East, Collier
County, FL less the North 100 feet thereof.
Containing therein 905.61 acres, more or less.
EXHIBIT A-I
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6/14/2011 Item 17.F.
EXHIBIT A-I
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PARCEL FOLIO NUMBERS REMOVED FROM BOUNDARY:
002119<;>0007
00211240002
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i PARCEL FOLIO NUMBERS ADDED TO BOUNDARY:
00212290009
00211720001
002112~0000
002l27fOOOO
00219720003
00222280608
002198~0006
00219760005
00210910006
,
00222280501
002210$0003
00220640004
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002203~0009
00222280103
00222280307
00214060003
002141~0008
00213960005
00220240006
00221290003
002213~0008
002206~0006
0022071W005
0022132.0006
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00211040008
002l291W004
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00211080000
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EXHIBIT A-I
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6/14/2011 Item 17.F.
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~,~,~_,. ~~da" May 27. 2011 · Naples D~y News
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Notice is hereby 9ive~ that on TUESDAY, JUNE 14; 201'1, in the Boardroom, 3rd
Floor, Administration' Building, Collier County Government Center, 3299 East Ta-
miami Trail; Naples, Florida, the Board of County Commissioners will consider the
enactment of a Cou~ty Or'di.nance. The meeting will commence at 9:00 AM; The
~itle of the proposed Ordinance is as follows: .
'AN ORDINANCE AMENDING' COLLIER COUNTY ORDINANCE 2006-56,ITHE ROCK
ROAD IMPROVEMENT MUNICIPAL SERVICE TAXING UNm; AMENDING SECTION
TWO, CREATION. OF THE MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR A SEC-
TION CREATING THE, ROCK ROAD IMPROVEMENT' ADVISORY COMMITTEE, AP-
POINTMENi AND COMPOSITION; PROVIDING FOR -mE TERMS 'OF OFFICE OF THE
ADVISORY, c'OMMllTEE; AND P.ROVIDING FOR OF.FICERS OF THE ADVISORY. COM-
MITTEE, QUORUM AND RULES Of PROCEDURE; PROVIDING, FUNCTIONS; POWERS'
AND DUTIES OF THE ADVISORY COMMmEE; PROVIDING FOR CONFLICT, AND SEVE-
RABIU1Y; PROVIDING FOR INClUSION IN THE CODE OF LAWS AND ORDINANCES; .
AND PROVIDING FOR EF,FECTIVE DATE., ' , ','." ,:
Copies of the' proposed Ordinance -are on file with the aerk to' the Board' arid 'are.
. availa,~le for inspectio~. All interested ~arties are invited to attend and, be he,ard." '
, NOTE:, 'All persons wishing to speak on any agenda item must register with'the
County administrator prior to presentation of the agenda item to be ,addressed.
Individual speakers will be limited to 3 minutes on any Item. The selection of a'n,in-'
dividual to speak .on behalf of an organization or group is encouraged. 'If recog-
, nized by the Chairman, a spokesperson for a group or organization may be allotted
10 minutes to speak o'h an item. ' . ' '
Persons wishing to' ha~e written or graflhic materials included in the Bo~rd agenda'
packets ,must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any cas~,. Written 'materials intended to be. considered' by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior 'to the public hearing. All material used in presentations before ihe BOard
will becom'e ~ permanent part of the re~ord.' . ',,: ," , '.
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Any person who decides to appeal a ,decision' of the Board will n!!ed '8 ;recorq of the
proceedings pertaining thereto al)d therefore: may need to ensure 'tHat a verbatim
record of the, proceedings is made, which record includes the testimony and evi-
dence upon which the appeal is' based.. " '
If you are a person with a disa~i1ity who ne~c1s any a~commodation in, order to par-
ticIpate in this proq!eding, you are entitled, at no cost to you, to tI'le provision of
, certain, assistance. Please. contact the Collier County Facilities Management Depart-
ment, located at 3335 Tariliami Trail East, Builain~ W, Naples, Florida 34112,
(239)252-8380; Assisted listening devices for the heanng impaired, are available in
the County Commissioners' Office. '
NOTICE OF INTENTTO CONSIDER OROINA:NCF
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By:, Teresa Polaski, Deputy Clerk
(SEAL) .
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Mav']7 2011
No1903742
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