Agenda 12/14/2021 Item #17I (Ordinance - Creating the 42 Avenue SE MSTU)17.1
12/14/2021
EXECUTIVE SUMMARY
Recommendation to establish the 42nd Avenue SE Municipal Service Taxing Unit (MSTU) with a
maximum of one (1) mill for the first two years and a maximum of five (5) mills thereafter, for the
repayment of funds in the amount of $72,231.00 used to make emergency road repairs on 42nd
Avenue SE and approve a budget amendment to advance funding from Special Assessment Fund
341 to the 42nd Avenue SE Fund 761.
OBJECTIVE: To recovery cost of repairing a private road, 42"' Avenue SE, to make the road accessible
for emergency vehicles.
CONSIDERATIONS: As set forth in the back-up material, Great Naples Fire Recue (GNFRD)
District Chief Nolan Sapp advised the County that the conditions of 42nd Avenue SE was deemed
impassible for use by emergency apparatus during emergency as follows:
The GNFRD "was tasked with visually inspecting 42nd Ave SE, a private street located off Everglades
Blvd. S. in the Golden Gate Estates section of Greater Naples Fire Rescue response area. The purpose was
to identify the condition of the road, and what state of repair it is in, with regard to response readiness."
The travel time from Everglades Blvd S. to the end of 42nd Ave SE was evaluated to identity whether any
hazards were presented by the roadway condition. The GNFRD inspection reported:
1. 42nd Ave SE (approx. 1.25-mile-long), took over 5 minutes in a pickup truck to traverse to the end.
• The street is comprised of small potholes to large ones, which are roughly up to 12 inches deep
and larger in diameter than the staff vehicle driven.
• There are rolling rises and low spots, which present a hazard with low hanging plumbing of the
larger apparatus.
• These large (in length and width) potholes in the road will hold water, and the depth of these
holes will not be able to be determined by responding units. Crews will not know if they are 4"
deep or if they are 2' deep. This will cause further delay in response during rainy season.
• 42' Ave SE's condition would cause approximately a 30 plus minute shuttle relay if required
to respond to a working structure or wildland fire at the east end of the road.
• The street is not conducive to ALS care or CPR in a Traumatic or Cardiac Care mission. The
time to travel and condition of the street would allow conditions to deteriorate rapidly in some
cases.
In addition to the GNFRD report, the County received email correspondence from a property owner on
42nd Ave SE reporting the unsafe conditions and expressed concern for the existing roadway conditions.
The property owner inquired about options available to get the roadway repaired.
On July 13, 2021 (Item #11C) using the procedure established in Resolution 2013-221, the BCC
directed the County Manager to make emergency repairs and bring back an Ordinance to establish an
MSTU for the recovery of funds expended to make the repairs.
On August 20, 2021 the Road Maintenance Division completed repairs on the road and is now
seeking reimbursement for the cost to make the repairs. The Public Transit & Neighborhood
Enhancement (PTNE) Division has prepared the necessary documentation for the Board's
consideration for the establishment of an MSTU to recover the funds. The proposed boundary of the
MSTU has been drawn to include those improved properties that are utilizing 42nd Ave SE or ingress
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17.1
12/14/2021
and egress. The proposed map is included in the Ordinance establishing the respective district.
On November 9, 2021 (Item #11E) the BCC approved a request to advertise a public hearing of an
ordinance establishing the MSTU with a maximum millage of one (1) for the first two years and five (5)
thereafter.
Notices of the public meeting have been sent to all property owners affected by this item.
FISCAL IMPACT: The cost of the emergency repair work performed by the Road Maintenance
Division was $72,231.00. These emergency repairs have initially been charged to the MSTD General
Fund (101) Road Maintenance budget and will be reimbursed utilizing an intergovernmental charge back
against the newly established 42nd Ave SE MSTU Fund (761). Budget amendments will be required to
advance funding from Special Assessment Fund (341) to 42nd Ave SE MSTU Fund (761). As provided
above, repayment of the advance by benefiting properties will occur through the MSTU mechanism.
The cost of advertising the Resolution and Ordinance is approximately $700. The Property Appraiser and
Tax Collector collection expense will be approximately 4% of the tax levy. Administrative expenses will
be set during budget cycle FY 2023.
GROWTH MANAGEMENT IMPACT: This item has no Growth Management impact.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality and requires majority vote for approval. -JAK
RECOMMENDATION: That the Board approve the Ordinance establishing the 42nd Ave SE
Municipal Service Taxing Unit (MSTU) with a maximum millage of one (1) for the first two years and
five (5) thereafter, for the repayment of funds in the amount of $72,231.00 used to make emergency road
repairs on 42nd Avenue SE and approve budget amendments to provide funds in the appropriate Funds.
Prepared by: Harry Sells, PTNE Division Project Manager
ATTACHMENT(S)
1. Ordinance - 42nd Ave SE MSTU - JAK signedstamped (PDF)
2. Resolution 2021-158 - Authorizing Emergency Repairs (PDF)
3. Cheif Napp Memo_21-5-10 42nd Ave SE (PDF)
4.42nd Ave RM Cost Breakdown (PDF)
5. Resolution 2013-221 Emergency Roads (PDF)
6. Resolution 2015-244 - Emergency Repair Procedures (PDF)
7. Public Hearing Notice to Property Owners (DOCX)
8. legal ad - agenda ID 20679 (PDF)
9. Property Owners list 1 (PDF)
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17.1
12/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.I
Doe ID: 20679
Item Summary: Recommendation to establish the 42nd Avenue SE Municipal Service Taxing
Unit (MSTU) with a maximum of one (1) mill for the first two years and a maximum of five (5) mills
thereafter, for the repayment of funds in the amount of $72,231.00 used to make emergency road repairs
on 42nd Avenue SE and approve a budget amendment to advance funding from Special Assessment Fund
341 to the 42nd Avenue SE Fund 761.
Meeting Date: 12/14/2021
Prepared by:
Title: Division Director - Pub Tran & Nbrhd Enh Public Transit & Neighborhood Enhancement
Name: Michelle Arnold
11/19/2021 11:52 AM
Submitted by:
Title: Division Director - Pub Tran & Nbrhd Enh — Public Transit & Neighborhood Enhancement
Name: Michelle Arnold
11/19/2021 11:52 AM
Approved By:
Review:
Public Transit & Neighborhood Enhancement
Caroline Soto
Growth Management Department
Trinity Scott
Growth Management Department
Public Transit & Neighborhood Enhancement
Harry Sells
Public Transit & Neighborhood Enhancement
Michelle Arnold
Road Maintenance
Gerald Kurtz
Additional Reviewer
Growth Management Department
Michelle Arnold
Growth Management
Growth Management Department
Trinity Scott
Transportation
Growth Management Operations Support
Christopher Johnson
Office of Management and Budget
Susan Usher
Additional Reviewer
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
County Manager's Office
Amy Patterson
Level 4 County Manager Review
Board of County Commissioners
Geoffrey Willig
Meeting Pending
Additional Reviewer Completed
Completed 11/19/2021 1:07 PM
Additional Reviewer Completed
Director Review Completed
Completed 11/22/2021 8:20 AM
Skipped 11/22/2021 8:07 AM
Completed 11/23/2021 11:23 AM
Additional Reviewer Completed
Completed 12/04/2021 3:21 PM
Completed 12/06/2021 7:19 AM
Completed 12/07/2021 8:11 AM
Completed 12/07/2021 9:57 AM
12/14/2021 9:00 AM
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ORDINANCE NO. 2021-
AN ORDINANCE CREATING THE 42ND AVENUE SE
MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE
AUTHORITY FOR THE CREATION; PROVIDING A
PURPOSE AND GOVERNING BODY; PROVIDING
FUNDING AND THE LEVY OF NOT TO EXCEED 1.0 MILS
OF AD VALOREM TAXES FOR THE FIRST TWO YEARS
AND NO NIORE THAN 5.0 NIILS OF AD VALORENI TAXES
PER YEAR THEREAFTER; PROVIDING FOR THE
COLLECTION OF TAXES; PROVIDING FOR DUTIES OF
THE COUNTY MANAGER OR H S DESIGNEE;
PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE COLLIER COUNTY
CODE OF LAWS AND ORDINANCES; AND PROVIDING
FOR AN EFFECTIVE DATE.
WH REAS, based on concerns raised by Fire Chief Nolan Sapp of the Greater Naples
Fire Rescue District, it has become apparent that upon recent assessment of the road condition of
a privately -owned roadway located in the Golden Gate Estates area, that portions of 42"d Avenue
SE have been deemed impassable for fire rescue apparatus during emergency conditions, and
WHEREAS, having 42"d Avenue SE impassable to emergency vehicles endangers not
only the residents along 42"d Avenue SE, but also neighboring residents of Collier County,
especially should there be a wildfire event; and
WHEREAS, since the adoption of the State Emergency Management Act in 1974, the
Florida Legislature has expressly declared that "safeguarding the life and property of its citizens
is an innate responsibility of the governing body of each political subdivision of the state."
Pursuant to this declaration, counties are specifically empowered to serve the emergency
management function for both their incorporated and unincorporated areas; and
WH REAS, on September 24, 2013, the Board of County Commissioners (Board) passed
Resolution No. 2013-221 to establish procedures to make emergency repairs to private roads
impassable to emergency vehicles, and on December 8, 2015 the Board passed Resolution No
2015-244 further refining said procedures; and
WHEREAS, on July 13, 2021, using the procedure established in Resolution 2013-221, as
amended, the Board directed the County Manager to make emergency repairs and bring back an
Ordinance to establish an MSBU/TU f'or the recovery of funds expended to make the repairs and
an MSTU for the purposes of making future emergency repairs to 42" d Avenue SE; and
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WHEREAS, 42nd Avenue SE emergency repairs were completed on August 20, 2021,
at a cost of $72,231.00; and
WHEREAS, it is recommended that a 42nd Avenue SE Municipal Service Taxing Unit
(MSTU) is created for the purpose of levying assessments and repaying the County for the
repairs made to the road.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY N
a)
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
a)
a
SECTION ONE: Authority N
Iq
This Ordinance is adopted pursuant to the provisions of Section 125.01, and Chapter a;
200, Florida Statutes, and other applicable provisions of Law. N
SECTION TWO: Creation of the Municipal Service Taxing Unit
There is hereby created and established the 42nd Avenue SE 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" and
Exhibit "B" that is incorporated by reference.
SECTION THREE: Purpose and Governing Body
The MSTU is created for the purpose of levying assessments 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, 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`h 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
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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 1.0 mils for the
first two years and no more than 5.0 mils per year thereafter.
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 or her 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 period written reports to the Board of County Commissioners of the
activities of the MSTU and its finances in accordance with the established guidance
provided of the Board of County Commissioners.
SECTION SEVEN: Conflict and Severability
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 EIGHT: 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
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or re -lettered to accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word.
SECTION NINE: 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 _ , 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk COLLIER COUNTY FLORIDA
By: By:
Deputy Clerk Penny Taylor, Chair
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Jeffrey
and leizality:
; County Attorney
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Exhibit A
42"d Avenue SE MUNCIPAL SERVICES TAXING UNIT
GEOGRAPHIC BOUNDARIES
The boundaries of the 42nd Avenue SE Municipal Services Taxing Unit (MSTU) shall comprise
all the land located in Collier County, Florida and specifically parcels describes as:
Golden Gate Estates, Unit 92-A as recorded in Plat book 5 Page 31 of the Public Records of Collier
County, Florida, Lots 113, 116, 117, 120, 121, 124, 125, 128, 129, 132, 133, 136, 137, 140, 141;
and
Golden Gate Estates Unit 93-A as recorded in Plat Book 5 Page 32 of the Public Records of Collier
County, Florida, Lots 141, 142, 143, 144, 145, 146.
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RESOLUTION NO.2021-158
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
DIRECTING THE COUNTY MANAGER TO TAKE
IMMEDIATE ACTION TO MAKE THE MINIMUM
NECESSARY REPAIRS REQUIRED TO FACILITATE THE
TRANSPORT OF EMERGENCY SERVICE VEHICLES ON 42ND
AVENUE SE.
WHEREAS, based on concerns raised by Fire Chief Nolan Sapp of the Greater Naples
Fire Rescue District, it has become apparent that upon recent assessment of the road condition of
a privately -owned roadway located in the Golden Gate Estates area, that portions of 42"d Avenue SE
have been deemed impassable for fire rescue apparatus during emergency conditions; and
WHEREAS, having 42°d Avenue SE impassable to emergency vehicles endangers not
only the residents along 42"d Avenue SE, but also neighboring residents of Collier County
especially should there be a wildfire event; and
WHEREAS, since the adoption of the State Emergency Management Act in 1974, the
Florida Legislature has expressly declared that "safeguarding the life and property of its citizens
is an innate responsibility of the governing body of each political subdivision of the state."
Pursuant to this declaration, counties are specifically empowered to serve the emergency
management function for both their incorporated and unincorporated areas; and
WHEREAS, on September 24, 2013 the Board of County Commissioners (Board) passed
Resolution No. 2013-221 to establish procedures to make emergency repairs to private roads
impassable to emergency vehicles, and on December 8, 2015 the Board passed Resolution No.
2015-244 further refining said procedures; and
WHEREAS, the Board expressly finds that the emergency repair of 42nd Avenue SE
serves a paramount public purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
1. Notice to the residents of 42"d Avenue SE is hereby waived as this is a case of an
immediate public emergency.
2. The Board hereby directs the County Manager to take immediate action to bring 42°d
Avenue SE back to minimum County standards, to facilitate the transport of emergency service
[2 1 -ATM-00539/1645665/11
Packet Pg. 3238
vehicles, and that following the necessary repairs to the road, the County Manager will place
an item on the Board's agenda to establish an involuntary MSBU or MSTU, whichever is deemed
appropriate, for the purpose of repayment of funds used to make emergency repairs to 42nd Avenue
SE and to establish funds to be used for future emergency repairs.
3. Initial funds generated by the MSBU/TU shall be used to repay the County its full cost
in repairing the road. Thereafter, MSBU/TU funds will be held in a separate account for future
emergency repairs.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same
this day of July, 2021.
ATTEST:
CRYSTAL K, JU- NZEL, Clerk
At to
tiguture
Approved
Jeffrey A.
and legality:
Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Penny Tayl , Chairman
[2 1 -ATM-00539/1645665/1 ]
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GREATER NAPLES
FIRE RESCUE DISTRICT
MEMORANDUM
DATE: May 10, 2021
TO: Nolan Sapp, Fire Chief
FROM: Forrest Campbell, Asst. Chief
SUBJECT: Condition of the Private Road: 42nd Ave SE (Golden Gate Estates)
I was tasked with visually inspecting 42nd Ave SE, a private street located off Everglades Blvd S.
in the Golden Gate Estates section of Greater Naples Fire Rescue response area. The purpose
was to identify the condition of the road, and what state of repair it is in, with regard to response
readiness. I gauged the travel time from Everglades Blvd S. to the end of 42nd Ave SE and what,
if any, hazards presented by their condition.
42nd Ave SE (approx. 1.25 mile long), took over 5 minutes in a pickup truck to traverse to
the end.
a. The street is comprised of small potholes to large ones, which are roughly up to
12 inches deep and larger in diameter than the staff vehicle I drove.
b. There are rolling rises and low spots, which present a hazard with low hanging
plumbing of the larger apparatus.
c. These large (in length and width) potholes in the road will hold water, and the
depth of these holes will not be able to be determined by responding units. Crews
will not know if they are 4" deep or if they are 2' deep. This will cause further
delay in response during rainy season.
d. 42nd Ave SE's condition would cause approximately a 30 plus minute shuttle
relay if required to respond to a working structure or wildland fire at the east end
of the road.
e. The street is not conducive to ALS care or CPR in a Traumatic or Cardiac Care
mission. The time to travel and condition of the street would allow conditions to
deteriorate rapidly in some cases.
Page 1 of 1
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RESOLUTION NO.2013- 221
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ESTABLISHING PROCEDURES
RELATING TO EMERGENCY REPAIRS OF PRIVATE ROADS.
WHEREAS, Collier County has a long and continued history of both extensive flooding
and brush fires; and
WHEREAS. many private roads are located in areas of the County which are most
susceptible to extensive flooding and brush fires; and
WHEREAS, from time -to -time these private roads become impassable to emergency
vehicles: and
WHEREAS, having these roads impassable to emergency vehicles puts not only the
residents along these roads in great peril, but also endangers neighboring residents of Collier
County, especially during wildfire events; and
WHEREAS, since the adoption of the State Emergency Management Act in 1974, the
Florida Legislature has expressly declared that "safeguarding the life and property of its citizens
is an innate responsibility of the governing body of each political subdivision of the state."
Pursuant to this declaration. counties are specifically empowered to serve the emergency
management function for both their incorporated and unincorporated areas; and
WHEREAS, the Board wishes to balance its obligations to safeguard the health, safety
and welfare of the citizens of Collier County, with its duty to respect the Constitutional private
property rights of owners of private roads.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the following procedures for
emergency repairs of private roads are hereby established:
1. This process is to be initiated by the dependent or independent Fire District which
services the private road in question, or by the Collier County Sheriff.
2. Whenever a dependent or independent Fire District, or the Collier County Sheriff,
determines that a particular private road within their jurisdiction has become impassable to
emergency vehicles, they shall notify the County Manager who shall bring the matter to the
Board for a public hearing. The residents along the private road shall be notified of this hearing
in advance. This notice can be waived in cases of immediate public emergencies.
Packet Pg. 3242
3. If the Board concurs with this determination, the Board shall direct the County
Manager to take immediate action to make the minimum necessary repairs required to facilitate
the transport of emergency service vehicles.
4. Following the necessary repairs to the road, the County Manager will send out a
letter to each property owner serviced by the road and request that they form a voluntary MSTU
for the sole purpose of road maintenance, and shall assist the residents for such purpose. Should
the residents fail to establish a voluntary MSTU within six month's time, the County Manager
will place an item on the Board's agenda to establish an involuntary MSTU.
5. Initial funds generated by the MSTU shall be used to repay the County its full
cost in repairing the road. Thereafter, MSTU funds will be held in a separate account for future
road maintenance and repairs.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring
same this 24��\--\ day of Sec�b<�' , 2013.
ATTEST; BOARD OF
DWIGHT E, B"ROCK, CLERK COLLIEr
By: Ju, C By:
Attesrt as to C
uty Clerk G O
signature only.,
Jeffrey A
rm and legality:
, L:ounty Attorney
Y COMMISSIONERS
, FLORIDA
3IA-A. HILLER, ESQ.
CHAIRWOMAN
2
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17.1.E
RESOLUTION NO. 2015_ 2 4 4
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, REVISING THE PROCEDURES RELATING
TO EMERGENCY REPAIRS OF PRIVATE ROADS BY PROVIDING FOR
TIMELY ESTABLISHMENT OF A MUNICIPAL SERVICE TAXING OR
BENEFIT UNIT, AND AUTHORIZING THE COUNTY MANAGER TO TAKE
APPROPRIATE ACTION DURING TIME PERIODS WHERE THE BOARD IS c~n
ON VACATION.
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WHEREAS, Collier County has a long and continued history of both extensive flooding and 3
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brush fires; and Q
WHEREAS, many private roads are located in areas of the County which are most susceptible to
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extensive flooding and brush fires; and
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WHEREAS, from time -to -time these private roads become impassable to emergency vehicles-
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and N
WHEREAS, having these roads impassable to emergency vehicles not only puts the residents L
along these roads in great peril, but also endangers neighboring residents of Collier County, especially m
during wildfire events; and °
WHEREAS, since the adoption of the State Emergency Management Act in 1974, the Florida
Legislature has expressly declared that "safeguarding the life and property of its citizens is an innate
responsibility of the governing body of each political subdivision of the state." Pursuant to this
declaration, counties are specifically empowered to serve the emergency management function for both
their incorporated and unincorporated areas; and
WHEREAS, on September 24, 2013 the Board passed Resolution 2013-221 to establish
procedures to make emergency repairs to private roads impassable to emergency vehicles; and
WHEREAS, Resolution No. 2000-149 authorizes the County Manager to approve and execute
routine matters on behalf of the Board of County Commissioners during time periods that the Board has
designated as the Board's vacation schedule; and
WHEREAS, the Board wishes to balance its obligations to safeguard the health, safety and
welfare of the citizens of Collier County, with its duty to respect the Constitutional private property rights
of owners of private roads.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the following procedures for
emergency repairs of private roads are revised as underlined below:
1. This process is to be initiated by the dependent or independent Fire District which
services the private road in question, or by the Collier County Sheriff.
1
Packet Pg. 3244
17.1.E
2. Whenever a dependent or independent Fire District, or the Collier County Sheriff,
determines that a particular private road within their jurisdiction has become impassable to emergency
vehicles, they shall notify the County Manager who shall bring the matter to the Board of County
Commissioners (Board) for a public hearing. The residents along the private road shall be notified of this
hearing in advance. This notice can be waived in cases of immediate public emergencies.
3. If the Board concurs with this determination, the Board shall direct the County Manager
to take immediate action to bring the road back to minimum County standards. Should the request occur
during the Board's vacation, the County Manager may take whatever action he deems necessary
consistent with Resolution No. 2000-149.
4. Following the necessary repairs to the road, the County Manager will send etA a letter- to
eaeh pfepeAy owner- sefvieed by the read and request that they fafm a velantaFy N49T-U feF the sole
' place an item on the
Board's agenda to establish an involuntary MSBU or MSTU, whichever deemed appropriate, for the
purpose of repayment of funds used to make emergency repairs and to establish funds to be used for
future emergency repairs.
5. Initial funds generated by the MSTU shall be used to repay the County its full cost in
repairing the road. Thereafter, MSTU funds will be held in a separate account for future feed
FnaifAefianee and emergency repairs.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this
day of r��cerrb ��, 2015.
ATTEST:
DWIGHT E. BRQCK, CLERK
By: I W-X-x�" Vy
Attest as to Chairman's '
signature only,
and legality:
Jeffrey J.JKl&few, County Attorney
2
BOARD OF C UNTY COM SSIONERS
COLLIER C • TY, FLOR ,�,�1
By: 4404,
-TfM , CHAIRMAN
DONNA FIALA
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17.1.7
CD ler COH14ty
Public Services Departrnent
Public Transit & Neighborhood Enhancement Division
November 19, 2021
cNAME1»
«NAM E_2»
((CITY)), ((STATE)) ((ZIP))
Subject: Notice of Public Hearing for 42nd Avenue SE MSTU
Dear Property Owner:
This letter is being sent to you because your property utilizes 42nd Avenue SE for access to your
property. The roadway was found to be in a condition that would make it difficult for emergency
apparatus to respond to calls for service in a time effective manner.
In an effort to safeguard the health, safety and welfare of the citizens, the Board of County Commissioners
authorized the repair of the road will be considering the attached Executive Summary and Ordinance
which contemplates the establishment of a Municipal Service Taxing Unit (MSTU) for emergency repairs
of the roadway at their meeting on December 14, 2021. The meeting will begin at 9:00 a.m. and is held
at 3299 East Tamiami Trail on the third floor. If you wish to speak on this item will be required to register
and will be granted up to 3 minutes to address the Board.
This letter serves as your notice for the upcoming Public Hearing.
Sincerely,
Michelle Arnold, Director
Public Transit & Neighborhood Enhancement Division
cc: Jeff Klatzkow, County Attorney
Mark Isackson, County Manager
Trinity Scott, Growth Management Department Deputy Department Head
Harry Sells, MSTU Project Manager
PutkTransit& IJeighborh W Enhancement • 3299 Tamiami Trail E., Suite 103 • Naples, Florida 34112-5746 •239-252-5840 • EAX 239-252-6628 • www.coliiergov.net
Packet Pg. 3246
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on December 14, 2021, in the Board
of County Commissioners Meeting Room, Third Floor, Collier
Government Center, 3299 Tamiami Trail East, Naples FL., the
Board of County Commissioners (BCC) will consider the enact-
ment of a County Ordinance. The meeting will commence at
9:00 A.M. The title of the proposed Ordinance is as follows:
AN ORDINANCE CREATING THE 42ND AVENUE SE MUNICIPAL
SERVICE TAXING UNIT, PROVIDING THE AUTHORITY FOR THE
CREATION; PROVIDING A PURPOSE AND GOVERNING BODY;
PROVIDING FUNDING AND THE LEVY OF NOT TO EXCEED 1.0
MILS OF AD VALOREM TAXES FOR THE FIRST TWO'YEARS AND
NO MORE THAN 5.0 MILS OF AD VALOREM TAXES PER YEAR
THEREAFTER; PROVIDING FOR THE COLLECTION OF TAXES; PRO-
VIDING FOR DUTIES OF THE COUNTY MANAGER OR HIS DESIG-
NEE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING
FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
A copy of the proposed Ordinance is on file with the Clerk to
the Board and is available for inspection. All interested parties
are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must
register with the County Manager prior to presentation of the
agenda item to be addressed. Individual speakers will be limited
to 3 minutes on any iterh. the selection of any individual to
speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or or-
ganization may be allotted 10 minutes to speak on an item. .
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum
Of 3 weeks prior to the respective public hearing In any case,
written materials intended to be considered by the Board shall
be submitted to the appropriate County staff a minimum of
seven days prior to the public hearing. All materials used in pre-
sentations before the Board will become a permanent part of
the record.
As part of an ongoing initiative to encourage public involve-
ment, the public will have the opportunity to provide public
comments remotely, as well as in person, during this proceed-
ing: Individuals who would like to participate remotely should
register through the link provided within the specific
event/meeting entry on the Calendar of Events. on the County
website at www.colliercountyfl.gov/visitors/calendar-of-events
after the agenda is posted on the County website. Registration
should be done in advance of the public meeting or any dead-
line specified within the public meeting notice. Individuals who
register will receive an email in advance of the public hearing
detailing how they can participate remotely in this meeting. Re-
mote participation is provided as a courtesy and is at the user's
risk. The County is not responsible for technical issues. For addi-
tional information about the meeting, please call Geoffrey
Willigg at 252-8369 or email to
Geoffrey.Wi I lig@toll iercountyfl.gov.
Any person who decides to appeal any decision of the Board
will need a record of the proceedings pertaining. thereto and
therefore, may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
If you are a person with a disability who needs any accommoda-
tion in order to participate in this proceeding, you are entitled,
at no cost to you, to the provision of certain assistance. Please
contact the Collier County Facilities Management Division, locat-
ed at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356,
(239) 252-8380, at least two days prior to the meeting Assisted
listening devices for the hearing impaired are available in the
Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
PENNY TAYLOR, CHAIRMAN
CRYSTAL K. KINZEL, CLERK
By: Ann lennejohn, Deputy Clerk
Pub Date: Dec. 1, 2021 #5006085
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