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Backup Documents 09/10/2019 Item #17B 178 0A,A44 COLLIER COUNTY FLORIDA V ���� �r REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS ;'k_ r1 ',a.,. A To: Clerk to the Board: Please place the following as a: 'O1/N'♦ XXX Normal legal Advertisement ❑ Other: (Display Adv., location,etc.) ************************************tiliii*****************************************************fit*******fit****** Originating Dept/Div Public Services Dept./PTNE Division Person: Michelle Arnold X 5841 Date: 08-05-2019 Petition No.(If none,give brief description): Ordinance—Blue Sage MSTU Name&Address of any person(s)to be notified by Clerk's Office: (If more space is needed,attach separate sheet) See Above Hearing before BCC BZA Other Requested Hearing date:(Based on advertisement appearing 15+days before hearing.)September 10,2019(ad to run no later than WEDNESDAY,August 21,2019) Newspaper(s)to be used: (Complete only if important): XXX Naples Daily News ❑ Other XXX Legally Required Proposed Text: (Include legal description&common location& Size: AN ORDINANCE CREATING THE BLUE SAGE DRIVE MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE AUTHORITY FOR THE CREATION;PROVIDING A PURPOSE AND GOVERNING BODY;PROVIDING FUNDING AND THE LEVY OF NOT TO EXCEED 3.0 MILS OF AD VALOREM TAXES PER YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR DUTIES OF THE COUNTY MANAGER OR HIS DESIGNEE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s), if any&proposed hearing date: N/A Does Petition Fee include advertising cost? ❑ Yes XXX No If Yes,what account should be charged for advertising costs: PO # 4500197183 Reviewed by: S Division Administrator or Designee Date List Attachments: Proposed Ordinance DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Malinger. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division ❑Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file. **************************************************************************************************fit******** FOR CLERIC'S OFFICE USE ON Date Received: ..—I Date of Public hearing: i !0 Date Advertised: g- 24 1 7 B ORDINANCE NO.2019-_ AN ORDINANCE CREATING THE BLUE SAGE DRIVE MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE AUTHORITY FOR THE CREATION: PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FUNDING AND THE LEVY OF NOT TO EXCEED 3.0 MILS OF AD VALOREM TAXES PER YEAR; PROVIDING FOR THE COLLECTION OF TAXES: PROVIDING FOR DUTIES OF THE COUNTY MANAGER OR HIS DESIGNEE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, based on concerns raised by Fire Chief Kingman D. Schuldt of the Greater Naples Fire Recue District, it has become apparent that upon recent assessment of the road condition of a privately-owned roadway located in the Golden Gate Estates area, that portions of Blue Sage Drive have been deemed impassable for fire rescue apparatus during emergency conditions; and WHEREAS, having Blue Sage Drive impassable to emergency vehicles endangers not only the residents along Blue Sage Drive, but also neighboring residents of Collier County, especially should there be a wildfire event;and WHEREAS, since the adoption of the State Emergency Management Act in 1974, the Florida Legislature has expressly declared that" safeguarding the life and property of its citizens is an innate responsibility of the governing body of each political subdivision of the state." Pursuant to this declaration, counties are specifically empowered to serve the emergency management function for both their incorporated and unincorporated areas; and WHEREAS,on September 24,2013,the Board of County Commissioners(Board)passed Resolution No. 2013-221 to establish procedures to make emergency repairs to private roads impassable to emergency vehicles, and on December 8, 2015 the Board passed Resolution No. 2015-244 further refining said procedures; and WHEREAS, on June 12, 2018, using the procedure established in Resolution 2013-221, as amended, the Board directed the County Manager to make emergency repairs and bring back an Ordinance to establish an MSBU/TU for the recovery of funds expended to make the repairs and an MSTU for the purposes of making future emergency repairs to Blue Sage Drive; and [19-ATM-00478/1479086/1) 178 WHEREAS, Blue Sage Drive emergency repairs were completed on June 14, 2018, at a cost of$8,623.93; and WHEREAS, it is recommended that a Blue Sage Drive Municipal Service Taxing Unit (MSTU)is created for the purpose of levying assessments and repaying the County for the repairs made to the road. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA that: SECTION ONE: Authority This Ordinance is adopted pursuant to the provisions of Section 125.01, and Chapter 200, Florida Statutes, and other applicable provisions of Law. SECTION TWO: Creation of the Municipal Service Taxing Unit There is hereby created and established the Blue Sage Drive Municipal Service Taxing Unit hereinafter referred to as the "MSTU." The properties within the Municipal Service Taxing Unit and its boundaries are as described on the attached composite Exhibit "A" and Exhibit"B" that is incorporated by reference. SECTION THREE: Purpose and Governing Body The MSTU is created for the purpose of levying assessments and repaying the County for the repairs made to the road. The governing body of the MSTU shall be the Board of County Commissioners of Collier County,Florida. SECTION FOUR: Funding and Levy of Taxes For the purpose of implementing this Ordinance,the Board of County Commissioners shall annually, at the time required by general budgetary law,make an itemized estimate of the amount of money required to carry out the business of the MSTU for the next fiscal year, which shall be from October 1 to and including September 30 following. The estimate shall describe the purpose for which the moneys are required and the amount necessary to be raised by taxation within the MSTU.At the time and place for fixing the annual rate of taxation for County purposes,the Board of County Commissioners shall fix and cause to be levied on all properties within the MSTU, subject to taxation,a millage rate not to exceed 3.0 mils per year. [39-ATM-00478/1479086/11 1 7 B SECTION FIVE: Tax Assessment and Collection Taxes herein provided for shall be assessed and collected in the same manner and form as provided for the assessment and collection of general County taxes and subject to the same fees for assessing and collecting as general County taxes. SECTION SIX: Duties of the County Manager or His Designee The duties of the County Manager or his or her designee shall be: A. To aid and assist the Board of County Commissioners in carrying out the purposes of the MSTU in accordance with established practices and policies of the Board of County Commissioners and as set forth in this Ordinance. B. To prepare and recommend to the Board of County Commissioners an itemized annual budget of the amount of money required to carry out the business of the MSTU for the next fiscal year. C. To provide period written reports to the Board of County Commissioners of the activities of the MSTU and its finances in accordance with the established guidance provided of the Board of County Commissioners. SECTION SEVEN: Conflict and Severability In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION EIGHT: Inclusion in the Code of Laws and Ordinances The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION NINE: Effective Date This Ordinance shall be effective upon filing with the Florida Department of State. [19-ATM-00478/1479086/1) 178 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,this day of , 2019. A ITEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA By: By: ,Deputy Clerk William L.McDaniel, Jr.,Chairman a � Approv �' .r *' fa 1' and legality: ° I 1, Jeffrey Al a .i ow, County Attorney [19—ATM-00478/1479086/1] (0 I 178 m ' .: � ' >• .n,e'G31�, fes:-E .- C �L y b•"fir � 71 i *I Jo J .. ill& •''i I :S Itt rl lgi i '�'. r t, - 40000b1EL 19 1 -. ti m \ i~1t E• 4' 444,1,9.1A , /CU 5 c �_ tt. I r t' iV i. 'Ye�!,, i w F,.., ik• '�'.r-. N ry '..J� I gg fly* `6 EF.t%4 u W 1 a w .. 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Vergara From: SilleryTessie <Tessie.Sillery@colliercountyfl.gov> Sent: Tuesday, August 6, 2019 5:19 PM To: Minutes and Records Cc: NeetVirginia; soto_c; SellsHarry Subject: FW: Advertising for Blue Sage Drive MSTU Attachments: Advertising Request - Blue Sage.docx; Ordinance - Blue Sage Drive MSTU.pdf; 20190806165203395.pdf Please find attached the Ordinance PDF &The signed Request for legal advertisement form signed by Michelle Arnold & the Purchase Order. Also attached is a word version of the Advertisement Request. Tessie Sillery , Operations Coordinator Public Services Dept/PTNE Division. Harmond Turner Administration Bldg. "F" 3299 Tamiami Trail East / Suite 103 239-252-5840 (Office) 239-252-6628 (streemfax) Tessie.Sillery@colliercountvfl.gov (be aware of new email address) ,_ttr way From: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Sent:Tuesday, August 06, 2019 11:28 AM To: SilleryTessie<Tessie.Sillery@colliercountyfl.gov> Cc: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Subject: RE:Advertising for Blue Sage Drive MSTU Tessie: I have attached the partially completed ad request and a PDF of the proposed ordinance. Please double check the Ordinance title for me. Done Complete the highlighted sections of the ad request including the P.O.It. Have your administrator sign and date at the bottom, scan and email to Minutes and Records along with the attached Ordinance. Also send them a Word version of the ad request so they do not have to re-key the Ordinance title. Please copy me. Done Wanda may be right about a $600 P.O. I've noticed that NDN prices have been going up. ( PO for$500) Call me with any questions. Dinny Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239) 252-8066 - Fax (239) 252-6600 1 178 Acct. #525058 August 9, 2019 Attn: Legals Naples Media Group 1100 Immokalee Road Naples, Florida 34110 Re: Blue Sage MSTU Ordinance Dear Legals, Please advertise the above referenced notice Wednesday, August 21, 2019 and send the Affidavit of Publication, together with charges involved to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500197183 178 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on September 10,2019, in the Board of County Commissioners Meeting Room,Third Floor, Collier Government Center, 3299 Tamiami Trail East,Naples FL.,the Board of County Commissioners(BCC)will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE CREATING THE BLUE SAGE DRIVE MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE AUTHORITY FOR THE CREATION; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FUNDING AND THE LEVY OF NOT TO EXCEED 3.0 MILS OF AD VALOREM TAXES PER YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR DUTIES OF THE COUNTY MANAGER OR HIS DESIGNEE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case,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 materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any 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 based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101,Naples,FL 34112-5356, (239)252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA WILLIAM L. MCDANIEL,JR., CHAIRMAN CRYSTAL K. KINZEL, CLERK By: Martha Vergara, Deputy Clerk (SEAL) 178 Martha S. Vergara From: Martha S.Vergara Sent: Friday, August 9, 2019 9:43 AM To: Naples Daily News Legals Subject: Blue Sage MSTU Ordinance Attachments: Blue Sage Ordinance (BCC 9-10-19).doc; Blue Sage Ordinance (BCC 9-10-19).doc Hello, Please advertise the following attached Wednesday, August 21, 2019. Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara BMR&VAB Senior Deputy Clerk el"Lu,�cot;kl Office: 239-252-7240 Fax: 239-252-8408 E-mail: martha.vergara@CollierClerk.com F" Office of the Clerk of the Circuit Court & Comptroller of Collier County r: r 3329 Tamiami Trail E, Suite#401 f` cxu hrY•�: Naples, FL 34112 www.CollierClerk.com 1 178 Martha S. Vergara From: GRSC-West-Legals mbx <GRSC-West-Legals@gannett.com> Sent: Friday, August 9, 2019 9:43 AM To: Martha S. Vergara Subject: Thank you For Your Email External Message: Please use caution when opening attachments, clicking links, or replying to this message. Thank you for contacting the legal department. This is a general response to inform you that your email has been received. All Legal Notices will be processed for desired publication date if received by the correct deadline time. Office Hours: Monday-Friday, 8:00 AM - 5:00 PM CST Thank you, Legal Notice Department i 178 Martha S. Vergara From: GRSC-West-Legals mbx <GRSC-West-Legals@gannett.com> Sent: Friday, August 9, 2019 10:44 AM To: Martha S. Vergara Subject: RE: 3729622 Blue Sage MSTU Ordinance Attachments: 3729622.pdf External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good Morning, The notice is scheduled to publish in the Naples Daily News on August 21. The total cost is$430.50 and a proof is attached. An affidavit will be sent after publication. Thank you! Brittany Grady Public Notice Representative Naples Daily News I LOCALiQ PART OF THE USA TODAY NETWORK Office: 239-263-4700, option 3 From: Martha S.Vergara <Martha.Vergara@collierclerk.com> Sent: Friday, August 9, 2019 8:43 AM To: NDN-Legals<legals@naplesnews.com> Subject: 3729622 Blue Sage MSTU Ordinance Hello, Please advertise the following attached Wednesday, August 21, 2019. Please forward an ok when received, if you have any questions feel free to call me. Thanks, 1 1 7 B Ally PART OF THE USA TODAY NETWORK BCC ZONING DEPARTMEN 3299 TAMIAMI TRL E 700 NAPLES FL 34112- Account AD# Net Amount Tax Amount Total Amount Payment Method Payment Amount Amount Due 1303809 0003729622 $430.50 $0.00 $430.50 Invoice $0.00 $430.50 Sales Rep: bgrady Order Taker: bgrady Order Created 08/09/2019 Product #Ins Start Date End Date NDN-Naples Daily News 1 08/21/2019 08/21/2019 NDN-naplesnews.com 1 08/21/2019 08/21/2019 ALL TRANSACTIONS CONSIDERED PAID IN FULL UPON CLEARANCE OF FINANCIAL INSTITUTION 178 Text of Ad: 08/09/2019 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on September 10, 2019, in the Board of County Commission- ers Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples FL., the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the pro- posed Ordinance is as follows: AN ORDINANCE CREATING THE BLUE SAGE DRIVE MUNIC- IPAL SERVICE TAXING UNIT; PROVIDING THE AUTHORITY FOR THE CREATION; PROVID- ING A PURPOSE AND GOV- ERNING BODY; PROVIDING FUNDING AND THE LEVY OF NOT TO EXCEED 3.0 MILS OF AD VALOREM TAXES PER YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PRO- VIDING FOR DUTIES OF THE COUNTY MANAGER OR HIS DESIGNEE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND OR- DINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed Ordi- nance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presenta- tion of the agenda item to be addressed. Individual speak- ers will be limited to 3 mi- nutes on any item. The selec- tion of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have writ- ten or graphic materials in- cluded in the Board agenda packets must submit said ma- terial a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be con- sidered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a perma- nent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verba- tim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a dis- ability who needs any accom- modation in order to partici- 17B pate in tnis proceeoing, you are entitled, at no cost to you, to the provision of certain as- sistance. Please contact the Collier County Facilities Man- agement Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. As- sisted listening devices for the hearing impaired are availa- ble in the Board of County Commissioners Office. BOARD OF COUNTY COMMIS- SIONERS COLLIER COUNTY,FLORIDA WILLIAM L. MCDANIEL, JR., CHAIRMAN CRYSTAL K.KINZEL,CLERK By: Martha Vergara, Deputy Clerk (SEAL) Aug 21,2019 No.3729622 178 Martha S. Vergara From: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Sent: Friday, August 9, 2019 2:04 PM To: Martha S. Vergara Cc: sillery_t Subject: FW: REVISED AD PROOF - RE: Blue Sage MSTU Ord. ad proof Martha: See below. Approved. Thank you!!! Dinny Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239) 252-8066 - Fax (239) 252-6600 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. From: KlatzkowJeff<Jeff.Klatzkow@colliercountyfl.gov> Sent: Friday,August 9, 2019 2:03 PM To: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Subject: RE: REVISED AD PROOF- RE: Blue Sage MSTU Ord. ad proof Looks fine. Jeffrey A. Klatzkow Collier County Attorney (239) 252-2614 From: NeetVirginia<Virginia.Neet@colliercountyfl.gov> Sent: Friday,August 9, 2019 1:51 PM To: KlatzkowJeff<Jeff.Klatzkow@colliercountvfl.gov> Subject: FW: REVISED AD PROOF- RE: Blue Sage MSTU Ord. ad proof Jeff: Attached for your approval. Title is correct. Dinny 1 178 Martha S. Vergara From: SilleryTessie <Tessie.Sillery@colliercountyfl.gov> Sent: Friday, August 9, 2019 2:05 PM To: NeetVirginia; Martha S.Vergara Subject: RE: REVISED AD PROOF - RE: Blue Sage MSTU Ord. ad proof Yes, Thank you Dinny!!! From: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Sent: Friday,August 09, 2019 2:04 PM To: Martha S.Vergara <Martha.Vergara@collierclerk.com> Cc: SilleryTessie<Tessie.Sillery@colliercountyfl.gov> Subject: FW: REVISED AD PROOF- RE: Blue Sage MSTU Ord. ad proof Martha: See below. Approved. Thank you!!! Dinny Virginia A. Neat, FRP Office of the Collier County Attorney Telephone (239) 252-8066 - Fax (239) 252-6600 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. From: KlatzkowJeff<Jeff.Klatzkow@colliercountyfl.gov> Sent: Friday,August 9, 2019 2:03 PM To: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Subject: RE: REVISED AD PROOF- RE: Blue Sage MSTU Ord. ad proof Looks fine. Jeffrey A. Klatzkow Collier County Attorney (239) 252-2614 From: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Sent: Friday,August 9, 2019 1:51 PM 1 178 Public Notices NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on September 10, 2019, in the Board of County Commission- ers Meeting Room, Third Floor, Collier Government 1Apr,Public Notices Center, 3299 Tamiami Trail East, Naples FL., the Board of prior to the respective public County Commissioners (BCC) hearing. In any case, written will consider the enactment of materials intended to be con- a County Ordinance. The sidered by the Board shall be meeting will commence at submitted to the appropriate 9:00 A.M. The title of the pro- County staff a minimum of posed Ordinance is as follows: seven days prior to the public hearing. All materials used in AN ORDINANCE CREATING presentations before the N THE BLUE SAGE DRIVE MUNIC- Board will become a perma- N IPAL SERVICE TAXING UNIT; nent part of the record. ' PROVIDING THE AUTHORITY Nil FOR THE CREATION; PROVID• Any person who decides to ING A PURPOSE AND GOV- appeal any decision of the mERNING BODY; PROVIDING Board will need a record of o FUNDING AND THE LEVY OF the proceedings pertaining Z NOT TO EXCEED 3.0 MILS OF thereto and therefore, may rn AD VALOREM TAXES PER need to ensure that a verba- vi YEAR PROVIDING FOR THE tim record of the proceedings D COLLECTION OF TAXES; PRO- is made,which record includes VIDING FOR DUTIES OF THE the testimony and evidence COUNTY MANAGER OR HIS upon which the appeal is CDESIGNEE; PROVIDING FOR based. O CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN If you are a person with a dis- N THE COLLIER COUNTY CODE ability who needs any accom- -I OF LAWS AND ORDINANCES; modation in order to partici- N) AND PROVIDING FOR AN EF- pate in this proceeding, you _ FECTIVE DATE. are entitled, at no cost to you, n) to the provision of certain as- Ao copy of the proposed Ordi- sistance. Please contact the Hance is on file with the Clerk Collier County,Facilities Man- to the Board and is available agement Division, located at for inspection. All interested 3335 Tamiami Trail East, Suite Z parties are invited to attend 101, Naples, FL 34112-5356, Xi. and be heard. (239) 252-8380, at least two ✓ days prior to the meeting As- r NOTE: All persons wishing to sisted listening-devices for the Us speak on any agenda item hearing impaired are availa- Cmust register with the County ble in the Board-of County y Manager prior to presenta- Commissioners Office. tion of the agenda item to be -4 addressed. Individual speak- BOARD OF COUNTY COMMIS ers will be limited to 3 mi- STONERS m nutes on any item. The selec- COLLIER COUNTY,FLORIDA * tion of any individual to speak WILLIAM L. MCDANIEL, JR., U1 on behalf of an organization I CHAIRMAN or group is encouraged. If recognized by the Chairman, CRYSTAL K.KINZEL,CLERK a spokesperson for a group or By: Martha Vergafa, Deputy organization may be allotted Clerk 10 minutes to speak on an (SEAL) item. Aug 21,2019 No.3729622 Persons wishing to have writ- ten or graphic materials in- cluded in the Board agenda packets must submit said ma- terial a minimum of 3 weeks .. . PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 BCC ZONING DEPARTMEN T 3299 TAMIAMI TRL E 700 NAPLES,FL 34112 Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared said legal clerk who on oath says that he/she serves as Legal Clerk of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Published:August 21,2019 r Subscribed and sworn to before on August 21,2019 Notary,State of WI,County of Brown W.. TARA MONDL.00H NoLary Public State of Wisconsin My commission expires August 6,2021 Publication Cost:$430.50 Ad No:0003729622 Customer No: 1303809 PO#: Blue Sage Ord NOTICE OF INTENT TO 1 7 8 CONSIDER ORDINANCE Notice is hereby given that a public heatingwill be held by the Collier County Board of County Commissioners on September 19, 2019, in the Board of County Cornrnisskrt• ers Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East,Naples FL.,the Board of County Commissioners (BCC' will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the pro- posed Ordinance is as follows: AN ORDINANCE CREATINC THE BLUESAGEDIM E MUNIC- IPAL SERVICE TAXING UNIT; PROVIDING THE AUTHORITY FOR THE CREATION;PROVID- ING A PURPOSE AND GOV- ERNING BODY; PROVIDING FUNDING AND THE LEVY OF NOT TO EXCEED 3.0 MILS OF AD VALOREM TAXES PEF YEAR; PROVIDING FOR THE COLLECTIONOF TAXES;PRO- VIDING FOR DUTIES OF THE COUNTY MANAGER OR HIS DESIGNEE; PROVIDING FOR CONFLICTAND SEVERABILITI PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES AND PROVIDING FOR AN EF. FECTIVE DATE. A copy of the proposed Ordi- nance is on tile with the Clerk to the Board and is available f r inspection. All Interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presenta- tion of the agenda item to be addressed. Individual speak- ers will be limited to 3 mi- nutes on any item. The selec- tion of any individual to speak on behalf of an organization or group is encouraged. If recotlnized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have writ- ten or graphic materials in- cluded in the Board agenda packets must submit said ma- terial a minimum of 3 weeks prior to the respective public hearing. In any case,written materials intended to be con- sidered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to tate public hearing All materials used in presentations hotore the Board will become a perma- nent part of the record. Any person who decides to appeal any decision of the Baud will need a record of the procee.din s pertaining thereto and therefore. may need to ensure that a verba- tim record of the proceedings is made. which record includes the testimony and evidence upon which the appeal is based. II you are a person with a dis- ability who needs any accom- modation in order to partici- pate in this proceeding, you are entitled, at no cost to you, to the provision of certain as- sistance Please contact the rniher rn1In1w FarlitiPc NIAn- 1 7 agemont Division, located at 3305 Tamlami Trail East,Suite 101, Naples, FL 34112-5356, (239) 252-8360, at least two days prior to the meeting. As- sisted listening devices for the hearing impaired are availa- ble In the Board of County Commissioners Office. BOARD OF COUNTY COMMIS- SIONERS COLLIER COUNTY,FLORIDA WILLIAM L. MCDANIEL, JR.. CHAIRMAN CRYSTAL K.KINZEL,CLERK By: Martha Vergara, Deputy Clerk (SEAL) Aug 21,2019 No.3729622 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 7 B THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office JAK 9/10/19 4. BCC Office Board of County is t—l—kL\ Commissioners VN5;6/ \\Lc 5. Minutes and Records Clerk of Court's Office �1 I l` f .3 PRIMARY CONTACT INFORMATION �h Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Tess Sillery,Public Transit 252-5840 Contact/Department Agenda Date Item was 9/10/19 Agenda Item Number 17-B Approved by the BCC Type of Document Ordinance—Blue Sage MSTU�[(�1,„„/qtq Number of Original One Attached Documents Attached PO number or account n/a number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK JAK 2. Does the document need to be sent to another agency for additional signatures? If yes, JAK provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this JAK routing slip should be provided to the County Attorney Office at the time the item is input into MinuteTraq. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 9/10/19 and all changes made during the JAK N/A is not meeting have been incorporated in the attached document. The County Attorney's an option for Office has reviewed the changes,if applicable. •'s line. 9. Initials of attorney verifying that the attached document is the version approved by t /• is not BCC,all changes directed by the BCC have been made,and the document is ready r te o ition for Chairman's signature. this ine. [04-COA-01081/1344830/1)I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05; Revised 11/30/12 X78 Ann P. Jennejohn From: Ann P. Jennejohn Sent: Thursday, September 12, 2019 11:15 AM To: AlthouseTammy; sillery_t Subject: Ordinance 2019-19 (Blue Sage Drive MSTU) Attachments: Collier County Ordinance 2019-19 (9-10-19 BCC Mtg).pdf Good Morning, A copy of Ordinance 2019-19, that was adopted by the Board on Tuesday, September 10, 2019, Item #1713, and filed with the State this morning, is attached for your records. Thank you! rAnn Jennejohn BMR Senior Deputy Clerk Clerk to the Value Adjustment Board Office:239-252-8406 Fax:239-252-8408(if applicable) Ann.Jennejohn@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County 3299 Tamiami Trail,Suite#401 Naples, FL 34112-5324 www.CollierClerk.com 1 1 7 a Ann P. Jennejohn From: Ann P. Jennejohn Sent: Thursday, September 12, 2019 8:37 AM To: 'countyordinances@dos.myflorida.com' Subject: CLL20190912_Ordinance2019_0019 Attachments: C LL20190912_Ord i na nce2019_0019.pdf COUNTY: CLL (COLLIER) ORDINANCE NUMBER: 2019-0019 SENT 133Y: Collier Couvtty Clerk of the Circuit Court 13oard Mivtutes Sr Records Departvvtevtt Thavtk you. r Ann Jennejohn BMR Senior Deputy Clerk Clerk to the Value Adjustment Board Office:239-252-8406 Fax:239-252-8408(if applicable) Ann.Jennejohn@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County 3299 Tamiami Trail,Suite#401 Naples, FL 34112-5324 www.CollierClerk.com 1 178 ORDINANCE NO. 2019- 1 9 AN ORDINANCE CREATING THE BLUE SAGE DRIVE MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE AUTHORITY FOR THE CREATION: PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FUNDING AND THE LEVY OF NOT TO EXCEED 3.0 MILS OF AD VALOREM TAXES PER YEAR; PROVIDING FOR THE COLLECTION OF TAXES: PROVIDING FOR DUTIES OF THE COUNTY MANAGER OR HIS DESIGNEE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, based on concerns raised by Fire Chief Kingman D. Schuldt of the Greater Naples Fire Recue District, it has become apparent that upon recent assessment of the road condition of a privately-owned roadway located in the Golden Gate Estates area, that portions of Blue Sage Drive have been deemed impassable for fire rescue apparatus during emergency conditions; and WHEREAS, having Blue Sage Drive impassable to emergency vehicles endangers not only the residents along Blue Sage Drive, but also neighboring residents of Collier County, especially should there be a wildfire event; and WHEREAS, since the adoption of the State Emergency Management Act in 1974, the Florida Legislature has expressly declared that " safeguarding the life and property of its citizens is an innate responsibility of the governing body of each political subdivision of the state." Pursuant to this declaration, counties are specifically empowered to serve the emergency management function for both their incorporated and unincorporated areas; and WHEREAS,on September 24,2013,the Board of County Commissioners(Board)passed Resolution No. 2013-221 to establish procedures to make emergency repairs to private roads impassable to emergency vehicles, and on December 8, 2015 the Board passed Resolution No. 2015-244 further refining said procedures; and WHEREAS, on June 12, 2018, using the procedure established in Resolution 2013-221, as amended, the Board directed the County Manager to make emergency repairs and bring back an Ordinance to establish an MSBU/TU for the recovery of funds expended to make the repairs and an MSTU for the purposes of making future emergency repairs to Blue Sage Drive; and [19-ATM-00478/1479086/1] 1 7 B WHEREAS, Blue Sage Drive emergency repairs were completed on June 14, 2018, at a cost of$8,623.93; and WHEREAS, it is recommended that a Blue Sage Drive Municipal Service Taxing Unit (MSTU) is created for the purpose of levying assessments and repaying the County for the repairs made to the road. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA that: SECTION ONE: Authority This Ordinance is adopted pursuant to the provisions of Section 125.01, and Chapter 200, Florida Statutes, and other applicable provisions of Law. SECTION TWO: Creation of the Municipal Service Taxing Unit There is hereby created and established the Blue Sage Drive Municipal Service Taxing Unit hereinafter referred to as the "MSTU." The properties within the Municipal Service Taxing Unit and its boundaries are as described on the attached composite Exhibit "A" and Exhibit "B" that is incorporated by reference. SECTION THREE: Purpose and Governing Body The MSTU is created for the purpose of levying assessments and repaying the County for the repairs made to the road. The governing body of the MSTU shall be the Board of County Commissioners of Collier County, Florida. SECTION FOUR: Funding and Levy of Taxes For the purpose of implementing this Ordinance,the Board of County Commissioners shall annually, at the time required by general budgetary law, make an itemized estimate of the amount of money required to carry out the business of the MSTU for the next fiscal year, which shall be from October 1 to and including September 30 following. The estimate shall describe the purpose for which the moneys are required and the amount necessary to be raised by taxation within the MSTU.At the time and place for fixing the annual rate of taxation for County purposes,the Board of County Commissioners shall fix and cause to be levied on all properties within the MSTU, subject to taxation, a millage rate not to exceed 3.0 mils per year. [19-ATM-00478/1479086/1] 178 SECTION FIVE: Tax Assessment and Collection Taxes herein provided for shall be assessed and collected in the same manner and form as provided for the assessment and collection of general County taxes and subject to the same fees for assessing and collecting as general County taxes. SECTION SIX: Duties of the County Manager or His Designee The duties of the County Manager or his or her designee shall be: A. To aid and assist the Board of County Commissioners in carrying out the purposes of the MSTU in accordance with established practices and policies of the Board of County Commissioners and as set forth in this Ordinance. B. To prepare and recommend to the Board of County Commissioners an itemized annual budget of the amount of money required to carry out the business of the MSTU for the next fiscal year. C. To provide period written reports to the Board of County Commissioners of the activities of the MSTU and its finances in accordance with the established guidance provided of the Board of County Commissioners. SECTION SEVEN: Conflict and Severability In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION EIGHT: Inclusion in the Code of Laws and Ordinances The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION NINE: Effective Date This Ordinance shall be effective upon filing with the Florida Department of State. [19-ATM-00478/1479086/1] 178 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,this b day of - , 2019. ATTEST: - BOARD OF COUNTY COMMISSIONERS CRYLr, JZEL, Clerk COLLIER CO 0LORIDA I : . ) At* /' dap• By: , 1 1141,'► Clerk W.'iam L. McDaniel, Jr., Ch.firman , .. . Appxov i . ,4. fo and legality: .-4011t Jeffrey A. at..i ow, County Attorney This ordinance filed withthe 4_tip,trY of ctete`s Office t"tC aey o � and ocknowie tt-rrent 'in rec rued t}�• (licit c,y • By lir0II, I 4 4 [19-ATM-00478/1479086/1] 178 o o B-- Vit. a- • .2.14,• r.i 'yr aft: .a y .. .. ,Atte.. , C G Imo. �..�_ti, .^*,l �•<.. 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C sl e %N Op4� - 1� -1 1. 3 N _ __.ii N -n 0<c' 4 1 �� �y : is � $ * 0 xi JLI I► s h -' p hi \! o M alp Atop, c� z o NN p 1\0.'1/4 N tr�T C th b an OC41` w,4, m • 2 ♦ Z s 1.11 - _w W h c• w q, ne 44 :o N � s 14 'e• '` Co..y� .2'6 .rye }F ...G....;•444 .-'7. ft /320' /azo' -"��''' 7320' /320' -. A 3 2640' G°'V ? P) SI ao 2640' o9°aa1a4 -1 t%i 9 R • � a � `A \\ ott jY I M `qt iN 0. .eta\ 1, :',.,11.,`.,i 3.1,1 4 i k ot o mos( p 1,tk L y `,` , 6�`A )11,... a N A i e 170 •",,NI + `, FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M.LEE Governor Secretary of State September 12, 2019 Ms. Ann Jennejohn, BMR Senior Deputy Clerk Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tamiami Trail, Suite#401 Naples, Florida 34112-5324 Dear Ms. Jennejohn: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2019-19, which was filed in this office on September 12, 2019. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us