Agenda 07/22/2008 Item #16F 1Agenda Item No. 16F1
July 22, 2008
Page 1 of 12
EXECUTIVE 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 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 4, 2008 at 5:05 P.M. for the Public Hearing, to be held
at The Collier County Government Center, W. Harmon Turner Building, Board Room,
3301 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 June 1 and September 15,
2008 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 2008 - -2009.
Approval of this document by the County Manager is subject to formal ratification by the
Board of County Commissioners. If the decision by the County Manager is not ratified
by that Board, this document shall be enforceable against Collier County only to the
extent authorized by law in the absence of such ratification by that Board.
Agenda Item No. 16F1
July 22, 2008
Page 2 of 12
Executive Summary
Page 2
FISCAL IMPACT: There is no Fiscal Impact associated with this Executive Summary.
LEGAL CONSIDERATIONS: The Resolution has been reviewed for the legal
sufficiency. It is ready for Board consideration and approval.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive 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 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: Kyle Lukasz, Field Operations Manager, Pelican Bay Services Division
Page 1 of I
Agenda Item No. 16F1
July 22, 2008
Page 3 of 12
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16F1
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 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.
Meeting Date: 7/22/2008 9:00.00 AM
Prepared By
Kyle Lukasz
County Manager's Office
Operations Manager
Pelican Bay Services
Date
6123/2008 4:19:11 PM
Approved By
..._.. Mark lsackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
719/2008 8:13 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
County Manager's Office
711 112006 10:09 AM
Commissioners
file: / /C: \AgendaTest\ Export\111 - July% 2022% 202008 \16 %2000NSENT %20AGENDA \1... , 7/15/2008
COUNTY A
ITEM NO.: July 16F1
Ju y 22, 2008
FILE NO.: ;`;It Page 4 of 12
ilA.h
ROUTED TO: rJ r r
DO NOT WRITE ABOVE THIS LINE long. 9/89)
REQUEST FOR LEGAL SERVICES
Date: June 10, 2008 \\�`A p��
To: Office of the County Attorney, Attention: 1 n %
Heidi Ashton -Ciro �Y 5
From: Barbara Smith, Administrative Assistant `
Pelican Bay Services Division
Re: Pelican Bay Services Division
Resolution Fixing Time, Date and Place for Public Hearing
BACKGROUND OF REQUESTIPROBLEM:
In anticipation of this item being placed on a BCC Agenda in the very near future,
please review the attached Resolution Fixing the Date, Times and Place for the Public
Hearing for legal sufficiency. Once I have received the approved copy back I will place
it on the next available BCC Agenda.
ACTION REQUESTED:
Please review the attached Resolution and Executive Summary prior to being placed on
the Board of County Commissioner's Agenda. This is the identical Resolution that has
been used in prior years with only the dates and amounts changing.
OTHER COMMENTS:
If you call our office once the document has been signed I will arrange for a courier to
pick it up and return it to our offices.
M CCG�d.. (' a-'h 0(l S
�1.t e0S0I�Lhx rL
PL" 6fi - -'
Agenda Item No. 16F1
July 22, 2008
Page 5 of 12
Recommendation that the Board of County Commissioners adopt a Resolution
0. 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 bens, 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 4, 2008 at 5:05 P.M. for the Public Hearing, to be held
at The Collier County Government Center, W. Harmon Turner Building, Board Room,
3301 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 June 1 and September 15,
2007 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 2007 -2008.
Approval of this document by the County Manager is subject to formal ratification by the
Board of County Commissioners. If the decision by the County Manager is not ratified
by that Board, this document shall be enforceable against Collier County only to the
extent authorized by law in the absence of such ratification by that Board.
Executive Summary
Page 2
Agenda Item No. 16171
July 22, 2008
Page 6 of 12
FISCAL IMPACT: There is no Fiscal Impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive 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 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.
LEGAL CONSIDERATIONS: The Resolution has been reviewed for the legal
sufficiency. It is ready for Board consideration and approval.
Prepared by: Kyle Lukasz, Field Operations Manager, Pelican Bay Services Division
Agenda Item No. 16F1
July 22, 2008
Page 8 of 12
RESOLUTION NO. 2009-
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 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 by Ordinance 2006-05, 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 Beach Road;
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
OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. This Resolution is adopted pursuant to the provisions of Ordinance No. 2002-
27, as amended by Ordinance 2006 -05, 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
1
Agenda Item No. 16171
July 22, 2008
Page 9 of 12
median areas, and maintenance of conservation and preserve areas, including the restoration of
the mangrove forest preserve during Fiscal Year 2008 -2009.
SECTION TiIREE. 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 2008 -2009 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 4, 2008 at 5:05 P.M. at The Collier County Government Center 3301
East Tamiami Trail, Board Room, Third Floor, W. Hannon 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 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.
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 4, 2008 at 5:05 P.M. at The Collier County
Government Center, 3301 East Iamiami Trail, Board Room, W. Harmon Turner Building, Third
2
Agenda Item No. 16F1
July 22, 2008
Page 10 of 12
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, 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 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 of 3218.56 feet; thence South 00
degrees 59 minutes 03 seconds Fast a distance of 2626.21 feet; thence South 01
degrees 00 minutes 18 seconds East a distance of 255575 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 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, 3301 East Tamiami Trail,
Agenda Item No. 16F1
July 22, 2008
Page 11 of 12
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 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 can not 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 m 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 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.
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 $2,261,400.00 which equates to 5296.92 per Equivalent
Residential Unit based on 7616.29 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, 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 Reserve Funds is $560,100.00 which equates to $73.54 per
Equivalent Residential Unit based on7616.29 assessable traits.
4
Agenda Item No. 16F1
July 22, 2008
Page 12 of 12
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
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s/ Patricia L. Morgan
Deputy Clerk
(SEAL)
SECTION FIVE. The Clerk is hereby ordered and directed to spread this Resolution in full
among the minutes of this meeting for permanent record in his office.
SEC11ON SIX. This Resolution shall become effective immediately upon its passage.
This Resolution adopted this _ day of , 2008, after motion, second and
majority vote.
ATTEST:
DWIGHT E. BROCK, CLERK
Approved as to form and
legal sufficiency:
JeffKlatzkow
yynty Attorney
5
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY
TOM HENNING, CHAIRMAN