Agenda 09/11/2018 Item # 9C09/11/2018
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance which would create the Unpaved Private Road
Emergency Repair Municipal Service Taxing Unit (MSTU) by authorizing a levy of not to exceed
one (l.0) mil of ad valorem taxes per year.
OBJECTIVE: To protect the health, safety, and welfare of citizens by providing funding for emergency
repairs of unpaved private roads.
CONSIDERATIONS: At the June 26, 2018 Board of County Commissioners (Board) meeting, after
discussion of Agenda Item #9A - AN ORDINANCE WHICH WOULD CREATE THE UNPAVED
PRIVATE ROAD EMERGENCY REPAIR MUNICIPAL SERVICE TAXING UNIT BY
AUTHORIZING A LEVY OF NOT TO EXCEED ONE (1.0) MIL OF AD VALOREM TAXES PER
YEAR, the Board voted to continue the Item to September. This was to provide staff time t o evaluate
whether an Municipal Services Taxing Unit (MSTU) or a Municipal Services Benefit Unit (MSBU)
would be the more appropriate method of assessment to address the proposed emergency repairs of
unpaved private roads.
Staff inventoried and evaluated over 2,800 parcels on 148 existing unpaved private roads in the County.
Most of the roads are located east of Collier Blvd., though some private unpaved roads exist east of Santa
Barbara Blvd. south of Davis Blvd. The properties included in this process would consist of all properties
with their primary access from a private unpaved roadway, of all land uses and configurations, including:
Agricultural lands (cultivated land, animal breeding, etc.)
Estate lands
Single-family property (including mobile homes)
Unimproved property
Roads with single property access
Roads with multiple property access
Under the MSTU process, the cost is based on the same established millage rate applied to the taxable
value of each property. The taxable value of the property is the value after all the exemptions have been
applied. Under the MSBU process, a methodology is established to determine the benefit and fairly
apportion the assessment amongst all the benefited parcels.
Staff evaluated all the various scenarios under both processes and found that with the MSBU process the
property sizes and configuration variations made it difficult to impossible to establish a fair way to assess
each property.
For example, staff found a single road with essentially equal sized lots on each side. In that scenario, each
lot would be charged according to the road frontage. Staff also found scenarios with a single road on one
side with lots one to three deep, so there is no frontage on the road itself for the back two lots. In s ome
cases, the road is not a platted road and is totally on private property with no easements. Staff came across
many of these varying scenarios and concluded that the MSBU would not be a viable method of
assessment to address the proposed emergency repairs of unpaved private roads.
ORDINANCE INTENT: The proposed Ordinance is an expansion of our current policy which addresses
the issue on a road-by-road basis. Under the current policy, when it is deemed that a private unpaved road
is impassable for emergency vehicles, following notice by a fire district or the Sheriff, the County
Manager would be given the authority to do emergency repairs to the road, and then set up an after -the-
fact MSTU.
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The proposed Ordinance will establish a dedicated funding source that everybody within the taxing unit
would be assessed and would be ready to use when it is deemed that a road within the district is
impassable by a fire district, the Sheriff or other emergency responder.
The proposed ordinance establishes an opt-out provision for roads that are not likely to require
maintenance within a five (5) year period to acknowledge that some unpaved roads may be in good
condition and under continuous maintenance by the property owners utilizing the road. To opt out, the
property owner must show that the road is passable and that there is a sustainable maintenance plan in
place by the property owner/owners on that road. If, at a point in the future, the road becomes impassable
to emergency vehicles and emergency maintenance is required by the County, those previously opted-out
homes shall become subject to the tax levied.
Staff’s review of the roads and parcels resulted in a modification to the road miles affected by this
proposed Ordinance from 105 miles to 97.15 miles. The estimated taxable value remained about the same
at $293,000,000. With an average cost of $9,000 per mile for limerock road repairs, the estimated
revenues may cover repairs on approximately Thirty-two (32) miles per year.
Staff recommends that the appropriate method of assessment to address the proposed emergency repairs
of unpaved private roads is the MSTU process. Staff further recommends that the millage be set at 0.5
mils for the first (1st) year to assess the needs versus the revenues. This Ordinance establishing an MSTU
was previously authorized for advertisement at the June 12, 2018, regular meeting and the Ordinance
adoption was continued at the June 26, 2018 meeting.
FISCAL IMPACT: If approved, this MSTU Ordinance will set in motion a series of fisca l steps
including: (1) creation of the Unpaved Private Road Municipal Service Taxing Unit (MSTU) Fund and
specific cost center; and (2) a mechanism to establish the budget based upon certified taxable value and
applied millage rate not to exceed 1.0 mils per year. It is recommended that the millage is set at 0.5 mils
for the first (1st) fiscal year. Based upon a projected taxable value equal to $293,000,000, the taxes would
raise approximately $293,000 at 1.0 mils or $146,500 at 0.5 mils. The effect of the proposed MSTU,
including the tax levy implications, will not be realized until the 2019 tax year (FY2020). This assumes
that the enabling ordinance and related filings will be completed prior to December 31, 2018.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact.
LEGAL CONSIDERATIONS: This Item has been reviewed by the County Attorney. The County
Attorney reviewed staff’s findings and after discussion agreed that creating a legally-supportable
methodology to fund this MSBU was difficult if not impossible, with no demonstrable financial benefit to
either the County or the residents as a whole as compared to the MSTU approach. Accordingly, this Item
is approved as to form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: To adopt the proposed Ordinance, which would create the Unpaved Private
Road Emergency Repair Municipal Service Taxing Unit (MSTU).
Prepared By: Michelle Arnold, Director, Public Transit & Neighborhood Enhancement Division
ATTACHMENT(S)
1. Proposed Ordinance - Unpaved Road MSTU - JAK signed (PDF)
2. Legal Ad - Agenda ID #6550 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 9.C
Doc ID: 6550
Item Summary: Recommendation to adopt an Ordinance which would create the Unpaved Private
Road Emergency Repair Municipal Service Taxing Unit (MSTU) by authorizing a levy of not to exceed
one (l.0) mil of ad valorem taxes per year.
Meeting Date: 09/11/2018
Prepared by:
Title: Division Director - Pub Tran & Nbrhd Enh – Public Transit & Neighborhood Enhancement
Name: Michelle Arnold
08/28/2018 11:41 AM
Submitted by:
Title: Division Director - Pub Tran & Nbrhd Enh – Public Transit & Neighborhood Enhancement
Name: Michelle Arnold
08/28/2018 11:41 AM
Approved By:
Review:
Public Services Department Joshua Hammond Additional Reviewer Completed 08/28/2018 12:08 PM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 08/28/2018 2:08 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 08/28/2018 2:51 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/29/2018 11:47 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/29/2018 2:42 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 08/29/2018 2:52 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/01/2018 8:43 AM
Board of County Commissioners MaryJo Brock Meeting Pending 09/11/2018 9:00 AM
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Packet Pg. 196 Attachment: Proposed Ordinance - Unpaved Road MSTU - JAK signed (6550 : Unpaved Private Road Emergency Repair MSTU)
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Packet Pg. 197 Attachment: Proposed Ordinance - Unpaved Road MSTU - JAK signed (6550 : Unpaved Private Road Emergency Repair MSTU)
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Packet Pg. 198 Attachment: Proposed Ordinance - Unpaved Road MSTU - JAK signed (6550 : Unpaved Private Road Emergency Repair MSTU)
9.C.2
Packet Pg. 199 Attachment: Legal Ad - Agenda ID #6550 (6550 : Unpaved Private Road Emergency Repair MSTU)