Agenda 06/24/2014 Item #11AProposed Agenda Changes
Board of County Commissioners Meeting
June 24, 2014
Continue Item 11A to the July 8, 2014 BCC Meetiniz:
Recommendation to authorize advertising an ordinance creating the
Platt Road Improvement Municipal Service Taxing Unit to fund
and levy not to exceed three mils of Ad Valorem Taxes per year to
reimburse the County $10,500 for emergency roadway
improvements made to Platt Road. (Commissioner Nance's request)
Move Item 16A20 to Item I IE: Recommendation to approve a proposed amendment to the Tourist
Development Tax Ordinance No. 92 -60, as amended, that would authorize the reallocation of funds between
Tourist Development Tax categories with a supermajority vote of the Board and direct the County Attorney
to advertise ordinance changes to be approved by the Board at a future meeting; to allow TDC grant funds
previously awarded to the City of Naples to "carry forward" for expenditure in FY2015 for a major
renovation of the City of Naples Pier; and to make a finding that this item promotes tourism. (Commissioner
Henning's request)
Note:
Item 16C4: Folio Number on the Purchase and Sales Agreement should read: Project: Basin 101
Wastewater System Rehabilitation Vanderbilt Beach/Naples. Folios: 62427800009 & 62427840001
Time Certain Items:
Item 14B1 to be heard at 10:40 a.m.
Item I I to be heard immediately following Item 9D
6/24/2014 11.A.
EXECUTIVE SUMMARY
Recommendation to authorize advertising an ordinance creating the Platt Road Improvement
Municipal Service Taxing Unit to fund and levy not to exceed three mils of Ad Valorem Taxes per
year to reimburse the County $10,500 for emergency roadway improvements made to Platt Road.
OBJECTIVE: To obtain reimbursement of County funds expended on a private road.
CONSIDERATIONS: On September 11, 2013, the Fire Chief of Big Corkscrew Island Fire Control and
Rescue District petitioned the Board to repair Platt Road which had been made impassable due to heavy
rains. The condition of the road prevented timely response by fire and emergency vehicles and caused
damage to one fire vehicle.
Platt Road is a private road and the County is not responsible for the repair or maintenance. Article VII,
Section 10 of the Florida Constitution requires that the expenditure of county funds must be for public
purpose, and includes a general prohibition of the use of taxpayer dollars to repair or maintain private
roads. On September 24, 2013, the Board passed Resolution No. 2013 -221 establishing a procedure
under which public funds could be used for emergency repairs of private roads to allow the passage of
emergency vehicles. Immediately following that Resolution they put it into effect by passing Resolution
No. 2013 -222 specifically addressing Platt Road and included the following points;
1. Directed County Manager to take immediate action to make minimum repairs necessary to
facilitate the transport of emergency service vehicles along Platt Road.
2. Directed County Manager to send out letters to property owners serviced by Platt Road to request
that they form a voluntary Municipal Services Taxing Unit (MSTU) for the purpose of road
maintenance and to assist them in this endeavor.
3. If the property owners do not form a voluntary MSTU within six months, the County Manager
will place an item on the Board agenda to establish an involuntary MSTU.
4. Initial funds generated by the MSTU shall be used to repay the County its full cost of repairing
the road. Funds in excess of that amount would be applied to future road maintenance and
repairs.
Platt Road emergency repairs were completed on September 25, 2013 at a cost of $10,500. A letter was
sent to all property owners in the area on October 22, 2013. No action has been taken to form a voluntary
MSTU. However, the community has organized themselves and devised a plan for the continued
maintenance of Platt Road and other roads in the area to avoid the need for the County to expended future
funds in the area. Thus far, the community has reported spent $2,560 to maintain Platt Road. With this
plan in place the community felt there was no need for a voluntary MSTU for the ongoing maintenance of
the road.
Thus far no funds have been repaid to the County for the emergency repairs of Platt Road. In keeping
with the established procedure, staff is initiating the establishment of an MSTU solely for the repayment
of $10,500 to the County.
The boundaries of the MSTU have been proposed to include only those properties that are adjacent to
Platt Road with access and must utilize Platt Road to enter and exit the respective property. See Map
attached to this summary.
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6/24/2014 11.A.
Approval of this MSTU Ordinance will set in motion a series of fiscal steps including: (1) Creation of the
Platt Road MSTU Fund and related Cost Center; (2) Mechanism to establish the budget based upon
certified taxable value and applied millage rate. Based upon a projected taxable value equal to
$1,678,352 the extension of taxes based upon three mils would raise approximately $5,000 a:.nually
which would require a repayment schedule of a little over 2 years (3 years of tax levies) with no excess
funds available for future maintenance. If the Board would prefer a shorter schedule the amount of
millage would have to be increased.
FISCAL IMPACT: Approval of this item would refund Collier County $10,500 over a two year period
for emergency repairs of Platt Road.
LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires a
majority vote for Board action. - JAB
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
Executive Summary.
RECOMMENDATION: That the Board of County Commissioners authorizes advertising an ordinance
creating the Platt Road Improvement MSTU to fund and levy not to exceed three mils of ad valorem taxes
per year to reimburse the County $10,500 for emergency roadway improvements made to Platt Road.
Prepared By: Harry Sells, Project Manager, Alternative Transportation Modes Department
Attachments: Ordinance
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.A.
6/24/2014 11.A.
Item Summary: Recommendation to authorize advertising an ordinance creating the Platt
Road Improvement Municipal Service Taxing Unit to fund and levy not to exceed three mils of
Ad Valorem Taxes per year to reimburse the County $10,500 for emergency roadway
improvements made to Platt Road.
Meeting Date: 6/24/2014
Prepared By
Name: SellsHarry
Title: VALUE MISSING
5/30/2014 8:19:42 AM
Approved By
Name: SotoCaroline
Title: Management/Budget Analyst, GMD Construction & Maintenance Admin
Date: 5/30/2014 12:43:25 PM
Name: ArnoldMichelle
Title: Director - Alt Transportation Modes, Alternative Transportation Modes
Date: 5/30/2014 3:54:28 PM
Name: TownsendAmanda
Title: Director - Operations Support, Public Services Division
Date: 6/4/2014 9:17:41 AM
Name: AlonsoHailey
Title: Operations Analyst, Public Services Division
Date: 6/5/2014 11:37:00 AM
Name: CarnellSteve
Title: Administrator - Public Services, Public Services Division
Date: 6/5/2014 1:54:56 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
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6/24/2014 11.A.
Date: 6/10/2014 8:35:10 AM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior, Grants Management Office
Date: 6/10/2014 10:12:44 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 6/11/2014 10:50:04 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/13/2014 4:30:03 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 6/16/2014 12:04:32 PM
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6/24/2014 11.A.
ORDINANCE NO. 2014 -
AN ORDINANCE CREATING THE PLATT ROAD IMPROVEMENT
MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE
AUTHORITY; PROVIDING FOR THE CREATION; PROVIDING A
PURPOSE AND GOVERNING BODY; PROVIDING FUNDING AND THE
LEVY OF NOT TO EXCEED THREE (3) 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 SUNSET; PROVIDING FOR CONFLICT
AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, that portion of Platt Road between Immokalee Road and its eastern
terminus, hereinafter referred to as "Platt Road," and a short section of Corkscrew Lane
extending crossing Platt Road are currently private roadways and not maintained by the County;
and
WHEREAS, the responsibility for the maintenance of Platt Road lies with no one entity
or individual, but rather falls to the individual property owners; and
WHEREAS, on September 11, 2013, the Fire Chief of Big Corkscrew Island Fire
Control and Rescue District petitioned the Collier County Board of County Commissioners
(BCC) to repair Platt Road which had been made impassable due to heavy rains. The condition
of the road prevented timely response by Fire and Emergency vehicles and caused damage to one
Fire Vehicle.
WHEREAS, on September 24, 2013, the BCC passed Resolution No. 2013 -221
establishing a procedure under which public funds could be used for emergency repairs of
private roads to allow the passage of emergency vehicles.
WHEREAS, on September 24, 2013, using the procedure established in Resolution No.
2013 -221, the BCC also passed Resolution No. 2013 -222, authorizing emergency repairs to be
made to Platt Road and funded by an MSTU created for such purpose.
WHEREAS, on September 25, 2013, emergency repairs on Platt Road were completed at
a cost of $10,500.00.
WHEREAS, in keeping with Resolution 2013 -222, a Platt Road Municipal Service
Taxing Unit (MSTU) is being created for the purposed of levying taxes and repaying the County
for the repairs made to the road.
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6/24/2014 11.A.
NOW THEREFORE, BE IT ORDAINED 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 Platt Road Improvement 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" that is
incorporated by reference.
SECTION THREE. Purpose and Governing Body
The MSTU is created for the purpose of providing levying taxes 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 until the debt is repaid, at the time required by general budgetary law, make an
itemized estimate of the amount of money required to carry out the purpose 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. The revenue will be used to reimburse Collier County
for expenditures required for emergency repairs of Platt Road. 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 three (3) mils per year.
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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 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 periodic written reports to the Board of County Commissioners of the activities
of the MSTU and its finances in accordance with established guidelines of the Board of
County Commissioners.
SECTION SEVEN. Sunset
This Ordinance shall automatically sunset on September 30, 2017, unless extended by
Resolution of the Board of County Commissioners.
SECTION EIGHT. Conflict and SeverabiIity
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 NINE. Inclusion in the Code of Laws and Ordinances
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6/24/2014 11.A.
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 TEN. Effective Date
This Ordinance shall be effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this day of June, 2014.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA
, Deputy Clerk
Approved as to form and legality:
Jennifer A. Belpedio,
Assistant County Attorney
TOM HENNING, CHAIRMAN
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6/24/2014 11.A.
COMPOSITE EXHIBIT "A"
GEOGRAPHIC BOUNDARIES:
The boundaries of the PLATT ROAD IMPROVEMENT MUNICIPAL SERVICE TAXING
UNIT shall comprise all that land located in Collier County, Florida, and specifically described
as:
Township 47, Range 27
The North '/2 of the South %2 of Section 26, Plus
The East '/2 of the Southeast '/4 of the Southeast 1/4, of the Northwest 1/4 of Section 26, plus
The West 1/2 of the Northwest 1/4, of the Southwest 1/4, of the Northeast 1/4, Section 26, plus
The West 1/2, of the Southwest 1/4, of the Southwest 1/4 of the Northeast 1/4 of Section 26, plus
The North '/2 of the North 1/2 of the Southwest `l4 , minus East 1/2 of the Northeast'/ of the
Northeast '/4 of the Southwest '/4 of Section 25, plus
The South V2 of the North 1/2 of the Southwest 1/4 minus, Southeast 1 /4, of the Northeast 1/4 of the
Southwest 1/4 of Section 25, plus
East 1/2 of the West '/2 of the Northwest '/4 of the Southeast 1/4 of Section 25, plus
West'' /2 of the East 1/2 of the Northwest' /4 of the Southeast 1/4 of Section 25.
Containing therein 250 acres, more or less.
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