Agenda 11/13/2012 Item #11B11/13/2012 Item 11.13.
EXECUTIVE SUMMARY
Recommendation to consider the use of federal payment in lieu of tax (PILT) dollars
and ad valorem tax revenue to construct approximately $600,000 in improvements
to Ochopee Fire Control District Station 61 located at the Port of the Islands.
OBJECTIVE: Identify the funding sources to construct improvements to Ochopee Fire
Control District Station 61 at Port of the Islands.
CONSIDERATIONS: In September of 2009, Station 61 was activated through
occupancy of a portion of a hotel located at Port of the Islands. Fire district personnel
currently occupy two rooms equivalent to 517 square feet and the hotel facility was built
in 1964. The station's compliment consists of one engine and two employees. Station 61
is one of three active stations located within the Ochopee Fire Control District. A fourth
station may be located along Alligator Alley pursuant to State Legislation earmarking
certain toll revenue for capital construction of the facility.
Station 61 serves an area that stretches from State Road 92 to Wayside Park on Route 41.
The area along Route 41 encompasses about 12 miles and this station serves the entire
MSTU district when main station personnel are deployed on a call.
The structure planned for renovation is owned by the County and consists of
approximately 7,000 square feet. Parks and Recreation utilizes about 3,300 square feet
for a marina office and store with the remaining 3,700 square feet planned for conversion
and renovation for use as functioning Station. Attached for review is a preliminary
project budget for the renovation as well as a floor plan of the proposed station. The
project all in is estimated at $600,000. It should be noted that staff has exhausted all
known opportunities to fund this project with grant dollars.
As documented during the FY 2013 budget workshop, taxable value within the Ochopee
Fire Control District has decreased 36% since the peak of $481 M in FY 2008. With the
district at its millage cap of $4.0000 per $1,000 of taxable value, property tax revenue has
steadily declined and the district's beginning cash balance has eroded 81% since FY 2008
down to $165,200 at September 30, 2011. To insure that minimum service levels are
maintained a portion of federal PILT dollars have been transferred from the General Fund
(00 1) during FY 2012 and FY 2013 in the amount of $434,600 and $431,700
respectively. The following table illustrates the economic landscape within the District
since fiscal year 2002.
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11/13/2012 Item 11.13.
Ochopee Fire Control District Economic Landscape
General
Fund
Ochopee
Ochopee
Ochopee
Ochopee
Ochopee
Ochopee
Budget
Fiscal
Year
PILT
Deposit
PILT
Transfer
Transfer
%
Millage
Rate
Taxable
Value
Beginning
FY Cash
Bal.
Approved
Budget
FTE's
%of
TV
FY 2002
$619,491
$379,600
61.28%
4.0000
$178,690,994
$1,226,400
13
0.69%
FY 2003
$707,541
$186,500
26.36%
4.0000
$201,009,864
$281,600
$1,247,100
14
0.62%
FY 2004
$727,453
$242,800
33.38%
4.0000
$237,334,735
$222,500
$1,384,100
14
0.58%
FY 2005
$738,570
$270,600
36.64%
4.0000
1 $262,065,694
$372,800
$1,509,600
14
0.58%
FY 2006
$745,818
$0
0.00%
4.0000
$330,578,075
$573,700
$1,790,800
14
0.54%
FY 2007
$741,280
$0
0.00%
4.0000
$445,131,839
$468,000
$2,316,700
15
0.52%
FY 2008
$731,350
$0
0.00%
4.0000
$483,320,005
$788,000
$2,540,200
15
0.53%
FY 2009
$1,644,592
$0
0.00%
4.0000
$481,166,372
$849,300
$2,837,800
15
0.59%
FY 2010
$1,229,064
$0
0.00%
4.0000
1 $420,740,913
$511,300
$2,231,300
15
0.53%
FY 2011
$1,240,307
$0
0.00%
4.0000
$330,220,388
$485,500
$1,867,100
15
0.57%
FY 2012
$1,266,939
$434,600
34.30%
4.0000
$311,317,899
$165,200
$1,782,200
15
0.57%
FY 2013
Budget
$700,000 1
$431,700
61.67%
4.0000
$309,885,646
$111,700
$1,804,200
15
0.58%
This MSTU does not have sufficient cash reserves or flexible millage capacity to fund a
$600,000 station renovation project. Funding the desired project given the current
financial outlook within the MSTU would require one or more of the following;
One time increased transfer from the General Fund in an amount which reflects
the full budget allocation of federal PILT dollars or such greater amount sufficient
to fund the project.
Amendment to the MSTU ordinance increasing the millage rate for a specific
duration in a specific amount required to fund all or part of the planned renovation
costs.
Taken in context, the above revenue generating options could be used to raise sufficient
dollars in a single year to fund the project or over multiple years as part of a fund advance
or loan repayment strategy. If Board direction was to pursue a small bank loan similar to
the recent approach taken within the Radio Road MSTU, a MSTU referendum would be
required which would authorize the use of ad valorem dollars to pay the debt service.
However, if the Board were to conclude that it is more appropriate to generate the dollars
within a shorter duration through a General Fund subsidy or interest free advance, a
referendum would not be necessary. The table below summaries the most practical
options connected with funding the proposed renovations through this MSTU.
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11 /13/2012 Item 11.13.
FISCAL IMPACT:
Funding Option
Financial Impact
Advantage
Disadvantage
1. One time FY 2013
Would require up to a
Provides the MSTU
Fear of the unknown.
General Fund subsidy
$600,000 budget
with a quick and
Any reduction in
in an amount up to
amendment from
readily accessible
General Fund reserves
$600,000.,
General Fund reserves
funding source with
given the County's
but the impact upon
no obligation for
heavy reliance upon
beginning FY 2014
payback allowing the
property tax,
cash could be
project to proceed in
competing need for
mitigated by excess
an expeditious
capital and equipment
turn -back over
manner.
replacement, regular
forecast in FY 2013.
threat from State
This of course
property tax limiting
assumes GF revenue
legislation and
exceeds budget and
continued economic
prudent expense side
concerns must be
management occurs.
measured and prudent.
2. Advance up to
Re- payment of all
MSTU gains access to
The General Fund
$600,000 from the
advance funds to the
funds during FY 2013
becomes the bank
General Fund interest
General Fund over a
allowing the project
which is certainly
free during FY 2013
period of not more
to proceed and the
convenient for the
with repayment over
than five (5) years.
General Fund receives
MSTU but paves the
time as determined by
$1.0000 mill increase
a payback of
way for other requests
the Board and the
raises $310,000 and
advanced dollars over
under the "past
MSTU's ability to
allows for a two year
a period of not more
practice" argument.
pay.
payback window.
than five (5) years.
MSTU millage rate
$.5000 mill increase
increase by ordinance
raises $155,000 and
to allow for inter -fund
allows for a 4 year
advance repayment.
payback window.
3. Provide a General
This hybrid approach
Reduces the subsidy
The General Fund
Fund subsidy to the
minimizes the General
impact to the General
becomes the bank
MSTU in the amount
Fund subsidy and
Fund and provides the
which is certainly
of $268,300 which
provides for re-
MSTU with readily
convenient for the
represents the
payment of advance
accessible funding.
MSTU but paves the
remaining FY 2013
funds over a period of
way for other requests
federal PILT revenue
not more than five (5)
under the "past
budget and advance
years. Increasing the
practice" argument.
from the General
millage by .5000
MSTU millage rate
Fund the remaining
would likely repay the
increase by ordinance
amount up to
advance over two
to re -pay the GF.
$331,700.
years.
4. No General Fund
Self contained impact
No General Fund
Looking at a two year
subsidy or advance.
to the MSTU. $1.0000
impact.
delay in the project
Instead, increase the
mill increase per
allowing sufficient
MSTU millage over a
$1,000 of TV would
time to generate
limited time period
generate $310,000 at
revenue from the
sufficient to raise the
the current taxable
millage increase.
dollars over two years
value.
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11/13/2012 Item 11.13.
Funding Option
Financial Impact
Advantage
Disadvantage
5. Pursue a MSTU
Would require a
No General Fund
Would require a
bank loan to finance
millage rate increase
impact. Project is
referendum within the
the project.
to pay back the debt.
fully vetted within the
MSTU with no
Some minor cost of
District.
guarantee of approval.
issuance would be
Project start most
incurred.
Iikely delayed until
FY 2015 assuming a
successful
referendum.
GROWTH MANAGEMENT IMPACT: None
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney.
No legal issues are raised at this time. The County Attorney will work with staff to
implement Board direction, if any. -JAK
RECOMMENDATION: Recommendation that the Board direct the County Manager or
his designee and the County Attorney's office to proceed with funding for the project
under option 3; that the necessary MSTU ordinance amendment be prepared and brought
back to the Board for ratification; and that all necessary budget amendments be approved.
Prepared by: Mark Isackson, Director of Corporate Finance and Management Services,
County Manager's Office
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11 /13/2012 Item 11.13.
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.B.
Item Summary: Recommendation that the Board of County Commissioners consider the
use of federal payment in lieu of tax (PILT) dollars and ad valorem tax revenue to construct
approximately $600,000 in improvements to Ochopee Fire Control District Station 61 located at
the Port of the Islands. (Mark Isackson, Director of Corporate Finance and Management
Services)
Meeting Date: 11/13/2012
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, CMO
11/5/2012 4:51:38 PM
Submitted by
Title: Executive Secretary to County Manager, CMO
Name: BrockMaryJo
11/5/2012 4:51:39 PM
Approved By
Name: PriceLen
Title: Administrator, Administrative Services
Date: 11/5/2012 5:28:07 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 11/6/2012 2:05:42 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 11/6/2012 2:53:14 PM
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11/13/2012 Item 11.13.
BUDGET FOR PORT OF THE ISLANDS PUBLIC SAFETY BLDG.
"OCHOPEE FIRE DISTRICT STATION #61"
Total Existing Structure at Port of the Islands 6,971 sq.ft.
Marina Office and Store 3,289 sq.ft.
This Renovation Project to Station #61 3,682 sq.ft.
Site Work
$
.90,791
Structural
$
32,917
Architectural- doors, windows, insulation, etc
$
94,729
Plumbing % Fire Protection
$
71,748
HVAC
$
36,500
Electrical
$
131,270
Gen Conditions, Insurance & Bonds
$
37,376
Sub Total General Contractor
$
495,331 $135 per sq.ft.
Fees & Permits By Owner
$
46,000
Commissioning /FFE (allowance estimate)
$
8,000
Sub Total for Project
$
549,331
Contingency for unknowns
8% $
49,669
Total Projected Project Budget
$
699,000 $163 per sq.ft.
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11/13/2012 Item 11.13.
PART I - CODE
Chapter 122 - SPECIAL DISTRICTS
ARTICLE VIII. - OCHOPEE FIRE CONTROL DISTRICT
ARTICLE VIII. - OCHOPEE FIRE CONTROL DISTRICT
Sec. 122 -226. - Creation.
Sec. 122 -227. - Governing board powers and duties
Sec. 122 -228. - Prerequisite to tax levy.
Sec. 122 -229. - Advisory board.
Sec. 122 -230. - Construction of article
Secs. 122 - 231 -122 -250. - Reserved.
Sec. 122 -226. - Creation.
(a) The Ochopee Fire District is hereby created. It is hereby declared to be the intent of this article to
confirm creation of this district as a municipal service taxing unit pursuant to F.S. § 125.01(1)(q).
(b) The district boundaries shall include:
All of Township 50 South, Range 34 East; Township 51 South, Range 34 East; Township 52
South, Range 34 East; Township 53 South, Range 34 East; Township 50 South, Range 33 East;
Township 51 South, Range 33 East; Township 52 South, Range 33 East; Township 53 South,
Range 33 East; Township 50 South, Range 32 East; Township 51 South, Range 32 East;
Township 52 South, Range 32 East; Township 53 South, Range 32 East; Township 50 South,
Range 31 East; Township 51 South, Range 31 East; Township 52 South, Range 31 East;
Township 53 South, Range 31 East; Township 50 South, Range 30 East; Township 51 South,
Range 30 East; Township 52 South, Range 30 East; Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12
and that portion of Chokoloskee Island contained in Sections 30 and 31, Township 53 South,
Range 30 East; Sections 1, 2, 11, 12, 13, 14, 23, 24, 25, 26, 35 and 36, Township 50 South,
Range 29 East; Sections 1, 2, 11, 12, 13, 14, 23, 24, 25, 26, 35 and 36, Township 51 South,
Range 29 East; Sections 1, 2, 11, 12, 13, 14, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 35 and 36,
Township 52 South, Range 29 East; Sections 1, 2, 11, 12, 13, 14, 23, 24, 25, 26 and 36,
Township 53 South, Range 29 East; including the incorporated area of the City of Everglades
being more particularly described as the Town of Everglades as described in Plat Book 1, pages
87 -95 of the Public Records of Collier County, Florida; and including Sections 3, 4, 5, 6, 8, 9, 10,
11, 13, 14 and 24, Township 52 South, Range 28 East; Sections 35 and 36 and all that area south
and east of State Road 92 within Section 34, Township 51 South, Range 27 East; Section 1,
Township 52 South, Range 27 East.
(Ord. No. 75 -6, § 1(1); Ord. No. 78 -3, § 1; Ord. No. 92 -100, § 1)
State law reference- Authority to create municipal service taxing or benefit unit, F.S. § 125.01(1)(q).
Sec. 122 -227. - Governing board, powers and duties.
(a) The governing board shall be the Board of County Commissioners. The business affairs of the
district shall be administered and conducted by the board. It shall have the authority as prescribed in
F.S. § 125.01(1)(q), including the authority to establish, equip, operate and maintain a fire department,
ambulance service and rescue service within the district. The board shall buy, lease, sell, exchange or
Page 1 of 5
Collier County, Florida, Code of Ordinances
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11 /13/2012 Item 11.13.
PART I - CODE
Chapter 122 - SPECIAL DISTRICTS
ARTICLE VIII. - OCHOPEE FIRE CONTROL DISTRICT
otherwise acquire and dispose of firefighting equipment and other property, real, personal or mixed,
that it may from time to time deem necessary to prevent and extinguish fire or provide ambulance and
rescue services within the district. This shall include, but is not limited to, the authority to provide water,
water supply, water stations and other necessary buildings; accept gifts or donations of equipment or
money for the use of the district; and to do all things necessary to provide for an adequate water
supply, for prevention and proper fire protection for the district. The board shall have the authority to
extend its services outside the district under a mutual aid agreement with another district or to residents
not receiving fire, ambulance or rescue services from another source. The board shall have the power
to hire and fire necessary personnel, to investigate for fire and safety hazards and to promulgate rules
and regulations for the prevention of fire and for fire control in the district.
(b) The board shall appoint a committee of from three to five electors residing within the district to
serve staggered terms of two years each to hold meetings at such time and places as it shall determine
for the purpose of advising the board regarding the affairs of the district. At least one of the committee
members who lives within the city limits of Everglades City shall represent the city's interest in the
affairs of the district. Such representative shall be named by the mayor and approved by City Council of
the City of Everglades and be confirmed by the Board of County Commissioners, as governing body.
(c) The advisory committee shall annually prepare a tentative district budget and estimate the funds,
their purpose and the ad valorem taxes necessary to carry out the provisions of this article for the
following fiscal year as prescribed by F.S. ch. 129.
(d) Upon adoption of the district budget by the board it shall cause the budget to be recorded in the
board minutes and shall cause to be levied on all property within the district a millage sufficient to fund
the budget not exceeding four mills in any one year to be assessed and collected as though county
taxes.
(e) The Board of County Commissioners shall:
(1) Cause to be issued all warrants for service, equipment, materials and other expenses
incurred by the district.
(2) On or before the end of each fiscal year prepare an annual report of the receipts and
expenditures of the district to the governing board as required by F.S. § 218.20 et seq.
(Ord. No. 75 -6, § 1(2); Ord. No. 78 -3, § 1; Ord. No. 81 -41, § 1; Ord. No. 82 -76, § 1; Ord. No. 87 -70, § 1;
Ord. No. 92 -100, § 1)
State law reference— Board of county commissioners to be governing body of unit, F.S. § 125.01(2).
Sec. 122 -228. - Prerequisite to tax levy.
Prior to the levy of any taxes by the Ochopee Fire District on the properties located within the
incorporated area of the City of Everglades, the City of Everglades must have adopted an ordinance,
pursuant to the provisions of F.S. ch. 125. The ordinance shall set forth the number of years that the
Ochopee Fire District may include the area within the corporate limits of the City of Everglades, the type
of services to be provided by the Ochopee Fire District, and all other provisions as required by law.
(Ord. No. 75 -6, § 2; Ord. No. 92 -100, § 2)
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Collier County, Florida, Code of Ordinances
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11/13/2012 Item 11.B.
PART I - CODE
Chapter 122 - SPECIAL DISTRICTS
ARTICLE VIII. - OCHOPEE FIRE CONTROL DISTRICT
Sec. 122 -229. - Advisory board.
(a) Confirmed. The creation and establishment of the Ochopee Fire District Advisory Board is hereby
confirmed and ratified.
(b) Appointment and Composition.
(1) The Board shall be composed of five members. As a general guideline, membership shall
consist of one (1) member from each of the following areas:
a. Everglades City - recommended by the Mayor.
b. Plantation Island.
c. Chokoloskee.
d. Lee Cypress.
e. Ochopee.
(2) Notwithstanding subsection (1) above, the Board of County Commissioners may appoint as a
member any permanent resident of the District.
(3) Members of the Board shall be appointed by and serve at the pleasure of the Board of
County Commissioners. Said members shall be permanent residents within the District, except for
the member appointed from Everglades City, and all shall be electors of the County.
(4) Appointment of members to the Board shall be by resolution of the Board of County
Commissioners, which resolution shall set forth the date of appointment and the term of office.
(c) Terms of office. The initial terms of office of the advisory board shall be as follows:
(1) Three members will serve until December 31, 1989.
(2) Two members will serve until December 31, 1990.
Thereafter, each appointment or reappointment shall be for a term of two years. A member of the
advisory board may be reappointed by the Board of County Commissioners for one successive
term. However, other qualified applicants may be considered for any vacancy. Appointments to fill
any vacancies on the board shall be for the remainder of the unexpired term of office.
(d) Removal from office; failure to attend meetings.
(1) Any member of the advisory board may be removed from office, with or without cause, by a
majority vote of the Board of County Commissioners.
(2) If any member of the advisory board fails to attend two consecutive board meetings without a
satisfactory excuse or if a member is absent from more than one -half of the board's meetings in a
given fiscal year, the board shall declare the member's seat to be vacant and the vacancy shall be
filled by the Board of County Commissioners.
(e) Officers; quorum; rules of procedure.
Page 3 of 5 Collier County, Florida, Code of Ordinances
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11 /13/2012 Item 11.13.
PART I - CODE
Chapter 122 - SPECIAL DISTRICTS
ARTICLE VIII. - OCHOPEE FIRE CONTROL DISTRICT
(1) Annually the membership of the advisory board shall elect a chairman and vice - chairman
from among the members. Officers' terms shall be for one year, with eligibility for reelection.
(2) The presence of three or more members shall constitute a quorum of the advisory board
necessary to take action and transact business. In addition, an affirmative vote of three or more
members shall be necessary in order to take official action, regardless of whether three or more
members of the board are present at the meeting.
(3) The advisory board shall, by majority vote of the entire membership, adopt rules of
procedures for the transaction of business and shall keep a written record of meetings,
resolutions, findings and determinations. Copies of all board minutes, resolutions, reports, and
exhibits shall be submitted to the Board of County Commissioners.
(f) Reimbursement of expenses. Members of the advisory board shall serve without compensation,
but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of
their duties upon prior approval of the Board of County Commissioners.
(g) Functions, powers and duties.'The functions, powers and duties of the advisory board shall be as
follows:
(1) To provide input and review major department regulating documents.
(2) To review and participate in the short/long term training programs.
(3) To participate in the goal setting process.
(4) To review and provide input for departmental programs or activities as determined by the
emergency services administrator.
(5) To coordinate and represent the fire department with community groups at fund raising
activities.
(6) To prepare and recommend to the Board of County Commissioners an itemized budget of
the amount of money required to carry out the business of the Ochopee Fire District for the next
fiscal year. In carrying out this responsibility, the board shall, no later than April 1 of each year,
meet with the county emergency services administrator or his designee and outline to the
administrator those projects which the board wishes to accomplish during the next fiscal year.
Based upon this information the administrator or his designee shall prepare a proposed budget for
the district, in accordance with standard county guidelines regarding the preparation of budgets.
This proposed budget shall then be reviewed by the board and upon approval by the board be
transmitted through the emergency services administrator to the Board of County Commissioners
for adoption in accordance with the procedures for the adoption of budgets set forth under general
law and the Board of County Commissioners' policy. Should the board fail to approve a budget by
June 1 of each year, the county administrator shall be authorized to submit a proposed budget to
the Board of County Commissioners.
(7) To adopt and amend guidelines to govern their operation and the operation of the district,
subject to approval by the Board of County Commissioners.
(h) Duties of emergency services administrator. The duties of the emergency services administrator,
or his designee, shall be:
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Collier County, Florida, Code of Ordinances
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11/13/2012 Item 11.13.
PART I - CODE
Chapter 122 - SPECIAL DISTRICTS
ARTICLE VIII. - OCHOPEE FIRE CONTROL DISTRICT
(1) To administer the activities of the district in accordance with established policies of the Board
of County Commissioners and guidelines adopted by the board.
(2) To prepare the annual budget in accordance with subsection (g)(6) of this section.
(3) To provide periodic written reports. to the board, the county administrator and the Board of
County Commissioners on the activities of the district and its finances in accordance with
established guidelines of the Board of County Commissioners or the board.
(4) To attend all board meetings.
(i) Review process. The advisory board shall be reviewed once every four years commencing in
1990, in accordance with the procedures contained in chapter 2, article VIII, division 2 of this Code.
(Ord. No. 89 -98, §§ 1 -9; Ord. No. 2011 -06, § 1)
Cross reference— Boards, commissions, committees and authorities, § 2 -816 et seq.
Sec. 122 -230. - Construction of article.
This article shall be liberally construed to effectuate its public purpose.
(Ord. No. 75 -6, § 2(1))
Secs. 122 -231- 122 -250. - Reserved.
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Collier County, Florida, Code of Ordinances
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