Rock Road MSTU Agenda 05/08/2014 Rock Road MSTU
Advisory Committee
3299 Tamiami Trail, Suite 103 r _ `,
Naples, FL 34112
AGENDA
Big Corkscrew Island Fire Department
13240 Immokalee Road, Naples
May 8, 2014
3:oo pm
I. Call Meeting to Order
II. Attendance Roll Call
III. Approval of the Agenda
IV. Approval of minutes: April 2, 2014
V. Project Manager's Report- Harry Sells
A. Ownership and Paving Rock Road
B. 2014 Budget and Outstanding POs
VI. Old Business
A. 2015 Proposed Budget
VII. New Business
A. By-Laws
VIII. Public Comment
IX. Member Comment
X. Adjournment
The next meeting time&date will be determined by the advisory committee
Big Corkscrew Island Fire Department
13240 Immokalee Road,Naples
1
Rock Road
MSTU Advisory Committee *
Minutes
3:00 pm
April 2, 2014
I. The meeting was called to order by the Chairman, Dan Wing,at 3:00 p.m.at the Big Corkscrew
Island Fire Department, 13240 Immokalee Road, Naples FL.
II. Attendance Roll Call.
Present: Members Staff
Mr.Tom Brooks Harry Sells
Mr. Douglas Allemong Michelle Arnold
Mr. Daniel Wing (Chairman)
Public- 17 members of the public were present. See attached list.
A quorum of three was declared.
III. Approval of the Agenda
A Motion to accept the agenda with changes to add an item to discuss By Laws under New
Business was made by Doug Allemong, Seconded by Dan Wing.
Motion carried 3-0.
IV. Approval of minutes of November 5,2013
A Motion to accept the November 5, 2013 minutes as written was made by Doug Allemong,
Seconded by Tom Brooks. Motion carried 3-0.
V. Budget Report- Harry Sells
A. Ownership and Paving Rock Road
The published notice of the Board of County Commissioners proposed action of claiming the
ownership of Rock Road during the regular meeting of 4/8/2014 was discussed. If the ownership
of the road becomes public,the MSTU funds can be used to pave it. The BCC proposed action also
proposed loaning$130,000 to the MSTU to allow immediate paving.
B. 2014 Budget and Outstanding POs
Harry Sells reviewed the current budget with the Committee and the public. He noted that the
MSTU has spent very little money for the year and the available cash is approximately$43,000
with an annual income of just over$30,000.
C. 2015 Proposed Budget
Harry Sells presented a proposed budget and a long term (6 year) projection of what funds would
be available to pay back the County if Rock Road was approved to be paved from Immokalee Road
to Mingo Road. Mr. Sells also presented a FY 2015 budget for the Committee's consideration
which did not include the paving project. He explained that the dollar allocations for each line
items would remain the same whether Rock Road was paved or not for FY 2015. The only
difference being that$20,000 of funds in line item category"Other Contractual"would be used to
repay the county's loan if paving was done and would be used for something else if it wasn't
paved.
Doug Allemong made a motion to recommend to the BCC that the FY2015 Budget be applied.
Seconded by Tom Brooks.
The floor was opened to public comments. The public had several questions about the paving
proposal and whether one of the Committee members should request the item be placed on the
regular agenda for public discussion. After much deliberation the consensus of those in
attendance was to let the item remain on the BCC consent Agenda.
Many comments were made for and against making the road public and generally for paving the
road.
Several other comments not concerning the budget were made. Tom Brooks stated that he no
longer supported the public ownership of the road.
The Motion recommending approval of the FY 15 budget failed 1-2 with Doug Allemong voting for
and Dan Wing and Tom Brooks voting against. Chairman Wing suggested the FY 15 budget be
tabled until the BCC action on April 8th and then brought back to the Committee for a decision on
the budget.
VI. Old Business
No Old Business
VII. New Business
By Laws-Harry Sells reported that the County was now requiring By Laws for each of the Advisory
Boards. He will write the recommended By Laws and include them in the agenda for the next
regular meeting.
VIII. Public Comment
Most of the public comments were expended during the public discussion of the budget.
A request was made to the Project Manager before the meeting to research the potential loss of
three property owners from the MSTU and what it would do the MSTU's ability to repay a
$130,000 loan. The results of the research: The three owners generate$2520 in MSTU funds per
year or 8.2%of the total received. There is no basis to assume that these three properties would
be lost from the MSTU and even if it did happen,the loss would not harm the MSTU financially.
Dan Wing took a straw vote for those in favor of keeping the road private—6 were in favor.
Doug Allemong took a straw vote to ask for those in favor of making the road public and paved.
12 voted in favor.
Doug Allemong took a straw vote to ask for those in favor of keeping the road private and not
paving it 7 voted in favor.
IX Adjournment
Meeting was adjourned by Chairman Dan Wing at 4:55 PM.
The next meeting time&date will be determined by the advisory committee
ROCK ROAD M.S.T.U.ADVISORY
COMMITTEE
Daniel Wing, Chairman
The Minutes were approved by the Committee Chair on , 2014,
"as submitted" F 1 OR"as amended" ( 1.
Public in Attendance
Bruce Wood Maria Wood Mark Bell
Jean Hofstetter Kim Bell Jana Boger
Rege Malone Lidia Garcia Judy Richardson
Louis Hilton Earl Lightcop Nick Batty
Marysia Batty Tara Forste Renee Lewis
Rich Lewis Chuck Wilson
N N A)N N N N
T N A W N -• O M 00 .i O) 01 A E., N -. O>O CO V 0, 0>A E+ N
tO A7 a 9 3 t a '"I "A CO CO i10 0 0r" :UOZZ -1-iZC) 1 AIt1 Z Z ?1OC)
• c •' • '> Z $ 0p7a� 5 � v -n1mm o9I2D3 _,m - . A
A m : ° 3 • c> > Za ,� zm5m > -imX1A k 0A Zm zaI > >
• ; • :
N 1-. i-+ M+ H N I--. N r N - tp 00 V CT to A W N N
1-+ t0 00 V 0) tJ1 A W Ni N O
CD CD CO 0) C) 0) C) 0) 01 G) A 4 W W
W to -1. U) A A -A W CA) W 00 00 0) —
O O - - A CD CO A .P A Cfl CD i -
V O) -1 s Q) to - CD CO CD CO N >
0 0 . - 0 CO O CD 03 V O O 00 O
O O O O O O O CO O O O O O O
—1 --I CO Co —i O O 7J O 1- O z z -1 -1 z o 7D z o
O 73 c c 73 m m m H m H H p O 7J m > m < c
- > o p > m m z i G) i m -i D O 7J < m 70
rczi mmczi ymmmr- mpranrcc -< zHD
- m O C x -H H z c p O H
lili rnm O rn i O
Ozcncncxrm � y _< -1Cnm > cz --
Hc) � zz �' � zHmmrnzzmo � rn �
mow Ocz -1zOcrn -DDI
O - x m D Co c m z m - x 0
m m 7 n
M x O m D
O m m m cn Z 70
O
z v
p cn H Q
K
to
EA 69 69 EA EA e9 EA EA EA EA 69 69 69 En 69 EA EA EA EA EA -1
ro C
0
A T
W W w w u.) w co NJ
O N (.4 -- 01 Cr -- O) O O c 0
O 0) CO -P A -k N Co W cn V O -cn cn �1 O 0-
0 0 0 O O O O O O O O O O O O O O O O O CO
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CD U-1
O O O O O O O O O O O O O O O O O O O O
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
EA 69 EA EA Efl 69 EA EA EA EA EA EA en 69 69 EA EA EA EA EA N
O 0
0
A Cr)
1D
n Q
c
W W Su CO
W N A N CO V - CO 0 O C
V O) CO A -1 N CO O cn C) W 0) CTt J O7 Q
O O O O O O O O O O O O O O O O O O O O
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C CM
O O O O O O O O O O O O O O O O O O O O CD
O O 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O
69 69 69 69 fig 69 EA 69 EA EA EA Efl 69 69 EA fig EA 69 EA
N
0
Co
cry
W N) V A A W W
A W N 0 CO 0 0 -1. -1 0 0 c W
N CA CO G.) -0.) N co O CT O Co Cr O v -. O) a O O O O O O O O O O O O O O O O O O O
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CD
bb O O O O O O O O O O O O O O O O O ""
O O O O O O O O O O O O O O O O O O O
Rock Road Improvement
Municipal Service Taxing Unit(MSTU)ADVISORY COMMITTEE
BY LAWS
ARTICLE I
Name
The name of this Advisory body shall be the Rock Road Improvement Municipal Service
Taxing Unit(MSTU)Advisory Committee
ARTICLE II
Jurisdiction
The Advisory Committee shall function as an advisory body to the Board of County
Commissioners (BCC) and is governed under Ordinances 2006-56 and 2011-22, as amended. The
Committee will make recommendations to the BCC in matters related to road maintenance,
funding, preparation of bid documents, management of contracts, and managing the
annual budget. The BCC shall have the final authority over the actions of the MSTU.
ARTICLE III
Officers and their Duties
Section 1. The officers shall consist of a Chair and Vice-Chair.
Section 2. The Chair shall preside at the meetings and shall have the duties normally
conferred by parliamentary usage of such officers.
Section 3. The Chair may call special meetings, appoint s ubcommittees, and act as a
liaison with government bodies and other related committees.
Section 4. The Chair shall have the privilege of discussing all matters before the
Committee and shall have the same voting rights as all Committee members.
Section 5. The Vice-Chair during the absence of the Chair or the Chair's inability to
serve, exercise all of the duties and powers of the Chair.
Section 6. The full Committee may participate in the election process and vote.
Section 7. The Advisory Committee shall adopt procedures by which it shall operate.
1
ARTICLE VI
Election of Officers
Sections 1. Nomination of Chair and Vice-Chair shall be made from the floor at the
annual organization meeting in the first quarter of each calendar year, and the election shall be held
immediately thereafter.
Section 2. A candidate receiving the majority vote shall be declared elected and shall
serve a term of one (1) year, or until a successor shall take office. An Officer is eligibility for
reelection if the term of the Advisory Committee is extended.
Section 3. Vacancies in the position of Chair and Vice-Chair shall be filled
immediately by regular elections procedures.
Section 4. The Chair or Vice-Chair may be removed by a super majority of the
Committee with or without cause.
ARTICLE V
Committee Structure and Meeting Requirements
Section 1. The Rock Road Improvement MSTU Advisory Committee shall consist of
three(3)members.
Section 2. Committee Appointments - Appointment of members to the Advisory
Committee shall be by resolution of the BCC, which resolution shall set forth a date of
appointment. Each appointment shall be for a term of three years. Appointments to fill any
vacancies on the Advisory Board shall be for the remainder of the unexpired term.
Section 3. Regular Meetings — Regular meetings of the Advisory Committee shall be
held in the first and third quarters of the calendar year at a date and time decided by the Chairman.
If a regular meeting is required to be held at a time and location other than what is specified herein,
notice will be provided at least 72 hours prior to the meeting and posted on the County website.
Section 4. Special Meetings — Special meetings of the Advisory Committee may be
convened by the Chair upon giving notice thereof and with at least 72 hours notification prior to the
meeting and posted on the County website.
Section 5. Notices —Notices of an Advisory Committee meeting shall be given to all
members and to the Public at least seventy-two (72) hours in advance of the meeting. At any
meeting, the Committee may set a future meeting date. Staff may provide notices and agendas
to members at least seventy-two (72) hours prior to meetings.
Section 6. Attendance—Members may notify the Staff Liaison or the Transcriptionist if
they cannot attend a meeting. If a member misses two (2) successive Committee meetings without
2
a satisfactory excuse, he/she may forfeit his/her appointment.
Attendance is preferred in person but may occur telephonically provided that (1) there two (2) of
the Committee members physically present; and (2) the members who are present both authorize
the participation by telephone, and find that the absence was due to "extraordinary circumstances."
Once approved to participate, the absent member can conduct themselves in the same manner as if
they were present, including making motions and voting on items.
Section 7. Quorum —A quorum of the Advisory Committee shall consist of three (3)
members, two of which must be physically present. An affirmative vote of a majority of the
quorum shall be necessary to pass any motion. In the a bsence of a qu orum, those members
present may review the agenda items and make recommendations that may be reviewed for
approval by the Advisory Committee at it s next meeting where there is a quorum present.
Section 8. Voting — Voting shall be by voice vote, or show of hands, if necessary, and
may be recorded by individual (or group).
Section 9. Meetings - All meetings shall be open to the public to encourage public
awareness and participation.
Section 10. Minutes -Minutes shall be taken at all Advisory Committee meetings. Voice
recording of meetings is acceptable. A written record of meetings, resolutions, findings and
determinations shall be kept for the Advisory Committee.
Section 11. Documents - The Alternative Transportation Modes staff shall assist with
preparation, duplication, and distribution of materials necessary for meetings. Copies of all
Advisory Committee minutes, resolutions, reports and exhibits shall be submitted to the
Clerk's Office and posted on the County Website for public viewing.
Section 12. Except as otherwise provided in these Bylaws, Roberts Rules of Order shall
be followed at all meetings.
Section 13. Agendas — Agendas are set by the Chair with coordination with the Staff
Liaison. Members may send agenda items request to the Staff Liaison prior to the publishing of the
Agenda. Otherwise,the agenda may be change at the meeting prior to approval of the Agenda.
ARTICLE VI
Order of Business
I Call to Order
II Roll Call
III Approval of Agenda
IV Approval of Minutes
3
V Budget Report
VI Project Manager Report
VII Other Report(s)
VIII Old Business
IX New Business
X Public Comments on items NOT on the Agenda
XI Members Comments
XII Adjourn
Next Meeting Date
ARTICLE VII
Public Participation
All Rock Road Improvement MSTU Advisory Committee meetings will be public meetings as
required by Florida Statutes. Participation by the Public is encouraged and in an effort to be fair to
all wishing to participate,the following rules shall apply when receiving public comment.
Section 1. Public Comment on Items on the Agenda - During each portion of the agenda the
Chair may open up the meeting for public comments.
a. The Chair shall declare when the floor will be open to public comments.
b. The Chair shall declare when the public comments period for the Agenda item is closed
for public comments. Once the item is closed for public comment there shall be no
further comment from the floor.
c. All persons wishing to speak on an Agenda item must register with the Staff liaison prior
to the presentation of the Agenda item by completing a speaker's slip.
d. Each public participant must identify themselves by name and address.
e. All registered speakers will receive up to three (3) minutes to speak unless the time is
adjusted be the Chair.
f. There will no sharing of minutes among those present in an effort to extend the time
permitted to speak.
g. Once a participant has been afforded the opportunity to speak he/she may not speak again
unless requested by the Chair.
Sections 2. Public Comment on Items NOT on the Agenda—A Public Comments section will be
included in each agenda. During this portion of the meeting items that have not been brought
forward previously or were not on the agenda may be discussed or raised by the Public.
a. All persons wishing to speak on under public comments on items not on the Agenda must
register with the Staff liaison prior to this portion of the Agenda b y completing a
speaker's slip.
b. Each public participant must identify themselves by name, address, and specify subject
4
matter.
c. All registered speakers will receive up to three (3) minutes to speak unless the time is
adjusted be the Chair.
d. There will no sharing of minutes among those present in an effort to extend the time
permitted to speak.
e. Once a participant has been afforded the opportunity to speak he/she may not speak
again unless requested by the Chair.
ARTICLE VIII
Amendment to By-Laws
Section 1. Any proposed permanent amendment to the By-Laws shall be provided
to every Advisory Committee mem ber at least seven seventy-two (72) hours before it is voted on
at a regular meeting.
Section 2. These Bylaws, and any and all amendments to the By-Laws, will become
effective upon an affirmative vote of a majority of the quorum.
These By-Laws for the Rock Road Improvement MSTU Advisory Committee are hereby
approved this day of , 2014
Rock Road Improvement MSTU Advisory Committee
By: Date:
Dan Wing-Chairman
By: Date:
Douglas Allemong
By: Date:
Tom Brooks
Attested by: Date:
Michelle Arnold, ATM Director
5