Agenda 02/10/2015 Item #16E7 Proposed Agenda Changes
Board of County Commissioners Meeting
February 10,2015
Move Item 16F3 to Item 11G: Recommendation to approve a Lease Agreement with Kraft Office
Center LLC for dedicated office space to house the County's Soft Landing Business Accelerator
program. (Commissioner Henning's request)
Continue Item 16F3 to the February 24,2015 BCC Meeting: Recommendation to approve a
Lease Agreement with Kraft Office Center LLC for dedicated office space to house the County's
Soft Landing Business Accelerator program. (Commissioner Taylor's request)
Move Item 16H5 to Item 10C: Recommendation to adopt a Resolution petitioning Governor Rick
Scott and the Florida Legislature to enact legislation that will restore the local School Boards'
control of educational standards,curriculum, and student assessments. (Commissioner Hiller's
request)
Note:
Item 16E7: The Ordinance Amending the Isles of Capri
Municipal Rescue and Fire Services Taxing District is revised to
strike the following: THE FIDDLER'S CREEK COMMUNITY
_ _ _ ! ► _ ! _ ! • - from the Title, and Development
District #2 from the third "Whereas" clause. (County Attorney's
request)
Time Certain Items:
Item 10B to be heard at 10:00 a.m.
Item 11E to be heard at 10:30 a.m.
Item 11D to be heard at 2:00 p.m.
2/111/21115 8 2 9 AM
2/10/2015 16.E.7.
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to advertise an Ordinance creating
the Fiddlers Creek Municipal Rescue and Fire Services MSTU and an Amendment to the
Isles of Capri Fire and Rescue Services MSTU Ordinance to adjust its boundaries by
removing the Fiddlers Creek area from within the MSTU.
OBJECTIVE: To create an MSTU for the purpose of contracting for fire services from the
Greater Naples Fire Rescue District (GNFRD) for the residents of Fiddlers Creek currently
receiving fire rescue services from the Isles of Capri.
CONSIDERATIONS: The Greater Naples Fire Rescue District introduced a Special Act of the
Florida Legislature to annex approximately 280 homes in Fiddlers Creek. The Board of County
Commissioners supported introduction of this legislation. Because of the timing of the next
general election, this legislation and the associated reduction in property taxes will not become
effective until the 2017 tax year. At the December 9, 2014 BCC meeting, the Board provided
direction to contract with the Greater Naples Fire Rescue District at their current tax rate until
the annexation can be finalized. The method for granting this request is to create a new MSTU
for the Fiddlers Creek properties, enter into an Interlocal Agreement with the Greater Naples
Fire Rescue District to provide fire services, and amend the current Isles of Capri MSTU
Ordinance boundaries by removing the Fiddlers Creek area from within the MSTU.
A draft Interlocal agreement is under review by GNRFD and once finalized will be presented to
the Board of County Commissioners for approval.
FISCAL IMPACT: Loss of these properties will decrease ad valorem taxes beginning in FY16
to the Isles of Capri Fire District by approximately $120,000, which represents approximately
12% of the District's ad valorem collections.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires
majority vote for Board approval.—SRT
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
the Executive Summary.
RECOMMENDATION: That the Board authorizes the County Attorney to advertise an
Ordinance creating the Fiddlers Creek Municipal Rescue and Fire Services MSTU and an
Amendment to the isles of Capri Fire and Rescue Services MSTU Ordinance to adjust its
boundaries by removing the Fiddlers Creek area from within the MSTU.
PREPARED BY: Len Golden Price, ASD Administrator
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2/10/2015 16.E.7.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.7.
Item Summary: Recommendation to authorize the County Attyorney to advertise an
Ordinance creating the Fiddlers Creek Municipal Rescue and Fire Services MSTU and an
Amendment to the Isles of Capri Fire and Rescue Services MSTU to remove the Fiddlers Creek
Area from within the MSTU. (Len Golden Price, Administrative Services)
Meeting Date: 2/10/2015
Prepared By
Name: pochopinpat
Title:Administrative Assistant, Administrative Services Division
1/28/2015 9:24:29 AM
Submitted by
Title: Administrator-Administrative Services, Administrative Services Division
Name: PriceLen
1/28/2015 9:24:30 AM
Approved By
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 2/3/2015 12:18:41 PM
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2/10/2015 16.E7.
ORDINANCE NO 2015-
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF
THE ISLES OF CAPRI MUNICPAL RESCUE AND FIRE
SERVICES TAXING DISTRICT; AMENDING COLLIER
COUNTY CODE OF LAWS AND ORDINANCES SECTION
122-606, CREATED BOUNDARIES, TO REMOVE THE
FIDDLER'S CREEK COMMUNITY DEVELOPMENT
DISTRICT #2 FROM WITHIN THE MSTU'S BOUNDARIES;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Section 122-610 of the Collier County Code of Laws and Ordinances,
presently provides that the boundaries of the Isles of Capri Municipal Fires Services' Taxing
District may be changed by an amendment to the Ordinance; and
WHEREAS, on November 4, 2014, as a result of a referendum presented to the voters
in the East Naples and Golden Gate Fire Districts, those independent fire districts were
merged to create the Greater Naples Fire Rescue District; and
WHEREAS, the Collier County Board of County Commissioners as the governing
body of the Isles of Capri Municipal Rescue and Fire Services Taxing District wishes to
change the boundaries of the Isles of Capri's MSTU District by removing the Fiddler's Creek
Development District #2 from within that MSTU's existing boundaries, and provide for fire
services to the residents of Fiddler's Creek by establishing a new, separate MSTU and
entering into an Interlocal Agreement whereby the Greater Naples Fire Rescue District would
provide fire and rescue services to the residents of Fiddler's Creek.
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Section 122-606 of the
Collier County Code of Laws and Ordinances is amended as follows:
SECTION ONE:
Sec. 122-606. Created, boundaries.
(a) Pursuant to F.S. ch. 125, the Isles of Capri Municipal Rescue and Fire Services
Taxing Districts is hereby created for the purpose of providing rescue and fire
control services to the residents of the area hereinafter described:
(b) All that land located in the county and specifically described as:
Sections 19, 20, 21, 22, 27, 28,29, 30, 31, 32, 33 and 34 of Township 51 South,
Range 26 East, and those portions of Sections 4, 5 and 6 of Township 52 South,
Range 26 East, which lie north of the Marco River. Less the North '/2 (N '/2) of
Section 22, Township 51 South, Range 26 East.
SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES
The provision of this Ordinance shall become and be made 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 THREE: CONFLICT AND SEVERABILTIY
In the event this Ordinance conflicts with any other Ordinance of Collier County or
any other applicable law, the more restrictive shall apply. If any phrase or portion of the
Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portion.
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SECTION FOUR: EFFECTIVE DATE
This Ordinance shall be come effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this day of , 2015.
ATTEST:
DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
BY: BY:
Deputy Clerk Chairman
Approved as to form and legality
Scott R. Teach, Deputy County Attorney
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ORDINANCE NO 2015-
AN ORDINANCE PROVIDING FOR THE CREATON OF THE
FIDDLER'S CREEK MUNICPAL RESCUE AND FIRE
SERVICES TAXING UNIT; PROVIDING FOR THE
BOUNDARIES OF THE MSTU; PROVIDING FOR THE
GOVERNING BODY OF THE MSTU; PROVIDING FOR A
PURPOSE; AUTHORIZING A TAX LEVY OF 1.5 MILLS;
PROVIDING FOR BOUNDARY CHANGES; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
PROVIDING FOR CONFLICT AND SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA:
SECTION ONE: Creation, boundaries.
Pursuant to Chapter 125 of the Florida Statutes, the Fiddler's Creek Municipal
Rescue and Fire Services Taxing Unit (the "MSTU") is hereby created for the purpose of
providing fire control services to the residents of the area hereinafter described:
All that land located in Collier County, Florida, and specifically described as:
The North '/2 (N ''/s) of Section 22, Township 51 South, Range 26 East.
SECTION TWO: Governing Body.
The governing body of the MSTU shall be ex officio the Board of County
Commissioners of Collier County, Florida.
SECTION THREE: Purpose.
The MSTU is formed for the purpose of providing and maintaining fire department
services within the MSTU through an interlocal agreement with another Fire Service
Agency located within Collier County.
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SECTION FOUR: Funding and Levy of Taxes.
For the purpose of implementing this article, the Collier County 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 1.5
mils per year.
SECTION FIVE: Boundary changes.
The boundaries of this MSTU or the lands included within said MSTU may be changed
by an amendment to this Ordinance.
SECTION SIX: 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 SEVEN: Conflict and Severability.
In the event this Ordinance conflicts with any other Ordinance of Collier County or any
other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance
is held invalid or unconstitutional by any court of competent jurisdiction, 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: EFFECTIVE DATE
This Ordinance shall be come effective upon filing with the Department of State.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this day of , 2015.
ATTEST:
DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
BY: BY:
Deputy Clerk Chairman
Approved as to form and legality
Scott R. Teach
Deputy County Attorney
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