Agenda 01/10/2023 Item #10B (To direct the County Attorney to advertise and bring back for a public hearing an Ordinance)10.B
01 / 10/2023
EXECUTIVE SUMMARY
Recommendation to direct the County Attorney to advertise, and bring back for a public hearing, 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.
OBJECTIVE: To protect the health, safety, and welfare of citizens that have unpaved, private road access and
egress.
CONSIDERATION: Many roads in the Unincorporated Area of Collier County are unpaved, private roads not
maintained by the County which may become impassable if not maintained. It is imperative that all roads in the
County are passable to emergency services vehicles to protect the public health, safety, and welfare in certain
emergencies, including fires, hurricanes, and floods.
Currently, there is insufficient funding to pay for reactive and proactive repairs when an emergency vehicle cannot
access private roads deemed impassable or when a private road is imminently expected to fail. The creation of a
municipal service taxing unit is the best method to provide funding to enable the County to make emergency repairs
to private roads upon the notification by the local fire district or the Collier County Sheriff's Office that the road is,
or soon will be, impassable.
A recurring issue has been property owners who simply do not maintain their portion of the private road past their
driveway, which negatively impacts all property owners "downstream" of this owner. The proposed Ordinance
seeks to strike a balance with the Board's 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, and
the prohibition of public expenditures for a private purpose. With the establishment of a Municipal Service
Taxing Unit (MSTU) as a funding source, the cost utilized to repair the private roads will be ultimately borne
solely by the residents serviced by the private road.
There are approximately 105 miles of unpaved, private roads with public access within Collier County with
adjoining properties with an estimated taxable value of $372,700,000. At an average cost of $14,000 per mile for
lime rock road repairs, the estimated revenues may cover repairs on approximately 27 miles of unpaved roads.
To acknowledge that some unpaved roads may be in good condition and under continuous maintenance by the
property owners utilizing the road, the proposed ordinance establishes an opt -out provision for roads that are not
likely to require maintenance within a five-year period. 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 or 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 subjected to the tax levied.
This Ordinance was originally brought to the Board on June 26, 2018, where it failed by a 3-2 vote. A copy of the
Executive Summary and transcript of the hearing is included as back-up.
FISCAL IMPACT: If approved, this MSTU Ordinance will set in motion a series of fiscal 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
1.0000 mil per year. Based upon a projected taxable value equal to $372,700,000, a millage of 1.0000 would raise
approximately $372,700 per year. The effect of the proposed MSTU, including the tax levy implications, will not
be realized until the 2024 tax year (FY 2025). This assumes that the enabling ordinance and related filings will be
completed prior to December 31, 2023.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive
Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. There is a general
prohibition of using public funds for a private purpose, and the County Attorney is not aware of a similar ordinance
statewide. With that noted, there is an overriding public safety issue which is being addressed by the proposed
Packet Pg. 190
10.B
01/10/2023
ordinance, and the County Attorney believes that pushing the envelope in this matter is appropriate. This item
requires majority vote for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners directs the County Attorney to advertise and
bring back for public hearing a proposed ordinance which would create the unpaved private road emergency repair
Municipal Service Taxing Unit (MSTU).
Prepared by: Commissioner William L. McDaniel, Jr., District 5
ATTACHMENT(S)
1. Draft Ordinance - Unpaved Private Road MSTU (line numbered)(DOCX)
2. Agenda 06_26_2018 Item #9A (PDF)
3. excerpt - Minutes 06_26_2018 item #9A(PDF)
4. Agenda 09_1 1_2018 Item # 9C (PDF)
5. excerpt - Minutes 09_11_2018 item #9C(PDF)
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10.B
01/10/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.B
Doc ID: 24277
Item Summary: Recommendation to direct the County Attorney to advertise, and bring back for a public hearing,
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.
Meeting Date: 01/10/2023
Prepared by:
Title: Legal Assistant — County Attorney's Office
Name: Wanda Rodriguez
01/04/2023 1:59 PM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
01/04/2023 1:59 PM
Approved By:
Review:
County Attorney's Office
Office of Management and Budget
Office of Management and Budget
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Debra Windsor Level 3 OMB Gatekeeper Review
Susan Usher Additional Reviewer
Christopher Johnson Additional Reviewer
Amy Patterson Level 4 County Manager Review
Geoffrey Willig Meeting Pending
Completed
01/04/2023 2:07 PM
Completed
01/04/2023 2:09 PM
Completed
01/04/2023 2:34 PM
Completed
01/04/2023 2:42 PM
Completed
01/04/2023 4:12 PM
01/10/2023 9:00 AM
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10.B.a
I ORDINANCE NO.23 —
2 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
3 COLLIER COUNTY, FLORIDA, CREATING THE PRIVATE ROAD
4 EMERGENCY REPAIR MUNICIPAL SERVICE TAXING UNIT;
5 PROVIDING FOR THE BOARD OF COUNTY COMMISSIONERS TO BE
6 THE UNIT'S GOVERNING BODY; PROVIDING FUNDING AND THE
7 LEVY OF NOT TO EXCEED ONE (1) MIL OF AD VALOREM TAXES PER
8 YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING
9 FOR DUTIES OF THE COUNTY MANAGER; PROVIDING FOR
10 CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN
11 THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND
12 PROVIDING FOR AN EFFECTIVE DATE.
13 WHEREAS, many roads in the unincorporated portion of Collier County are unpaved,
14 private roads not maintained by the County, which may become impassable if not maintained; and
15 WHEREAS, it is imperative that all roads in the County are passable to emergency services
16 vehicles to protect the public health, safety, and welfare in certain emergencies, such as fires and
17 floods; and
18 WHEREAS, there is currently no maintenance mechanism or funding source to pay for
19 emergency repairs when an emergency vehicle cannot access private roads deemed impassable;
20 and
21 WHEREAS, the Board of County Commissioners has determined that the creation of a
22 municipal service taxing unit is the best method to provide funding to enable the County to make
23 emergency repairs to private roads deemed impassable upon the notification by the local fire
24 district or the Collier County Sheriff's Office.
25 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
26 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
27 SECTION ONE: Authority.
28 This Ordinance is adopted pursuant to the provisions of Section 125.01 and Chapter 200,
29 Florida Statutes, and other applicable provisions law.
30 SECTION TWO: Creation of the Municipal Service Taxing Unit.
31 There is hereby created and established the Private Road Emergency Repair Municipal
32 Service Taxing Unit, hereinafter referred to as the "MSTU." The property subject to the MSTU
33 shall be all properties adjacent to an unpaved, private road in unincorporated Collier County.
34
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10.B.a
35 SECTION THREE: Purpose and Governing Body.
36 The MSTU is created from the purpose of providing emergency repairs to unpaved, private
37 roads in Collier County where the County is notified by the local fire districts or the Collier County
38 Sheriff's Office that such roads are impassable to emergency vehicles and such disrepair is a
39 danger to the health, safety, and welfare to the citizens of Collier County. The roads shall be
40 repaired only to the extent that they are made passable to emergency vehicles. Such repair does
41 not designate acceptance of maintenance beyond the purpose stated herein, nor does it designate
42 an ownership interest in the road by the County.
43 The governing body of the MSTU shall be the Board of County Commissioners of Collier
44 County, Florida.
45 SECTION FOUR: Funding and Levy of Taxes.
46 For the purpose of implementing this Ordinance, the Board of County Commissioners shall
47 annually, at the time required by general budgetary law, make an itemized estimate of the amount
48 of money required to carry out the business of the MSTU for the next fiscal year, which shall be
49 from October 1 to and including September 30 following. The estimate shall describe the purpose
50 for which the monies are require and the amount necessary to be raised by taxation within the
51 MSTU. At the time and place for fixing the annual rate of taxation for County purposes, the Board
52 of County Commissioners shall fix and cause to be levied on all properties within the MSTU,
53 subject to taxation, a millage rate not to exceed one (1) mil per year.
54 SECTION FIVE: Tax Assessment and Collection.
55 Taxes herein provided for shall be assessed and collected in the same manner and form as
56 provided for the assessment and collection of general County taxes and subject to the same fees
57 for assessing and collecting as general County taxes.
58 SECTION SIX: Duties of the County Manager or Designee.
59 The duties of the County Manager or designee are as follows:
60 1. To aid an assist the Board in carrying out the purposes of the MSTU in accordance with
61 established practices and policies of the Board of County Commissioners and as set
62 forth in this Ordinance;
63 2. To prepare and recommend to the Board an itemized annual budget of the amount of
64 money required to carry out the business of the MSTU for the next fiscal year; and
65 3. To provide periodic written reports to the Board of the activities of the MSTU and its
66 finances in accordance with established guidelines of the Board.
67
68
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10.B.a
69 SECTION SEVEN: Conflict and Severability.
70 In the event this Ordinance conflicts with any other Ordinance of Collier County or other
71 applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any
72 phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a
73 separate, distinct and independent provision and such holding shall not affect the validity of the
74 remaining portion.
75 SECTION EIGHT: Inclusion in the Code of Laws and Ordinances.
76 The provisions of this Ordinance shall become and be made a part of the Code of Laws and
77 Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
78 lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
79 any other appropriate word.
80 SECTION NINE: Effective Date.
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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 52023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA
, Deputy Clerk
Approved as to form and legality:
Jeffrey A. Klatzkow, County Attorney
Rick LoCastro, Chairman
Page 3 of 3
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10.B.b
06/26/2018
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance which would create the unpaved private road emergency
repair municipal service taxing unit by authorizing a levy of not to exceed one (1.0000) mil of ad
valorem taxes per year.
OBJECTIVE: To protect the health, safety, and welfare of citizens that have unpaved, private road
access and egress.
CONSIDERATION: Many roads in the Unincorporated Area of Collier County are unpaved, private
roads not maintained by the County which may become impassable if not maintained. It is imperative that
all roads in the County are passable to emergency services vehicles to protect the public health, safety,
and welfare in certain emergencies, including fires, hurricanes, and floods.
Currently, there is insufficient funding to pay for reactive and proactive repairs when an emergency
vehicle cannot access private roads deemed impassable or when a private road is imminently expected to
fail. The creation of a municipal service taxing unit is the best method to provide funding to enable the
County to make emergency repairs to private roads upon the notification by the local fire district or the
Collier County Sheriff's Office that the road is, or soon will be, impassable.
The proposed Ordinance seeks to strike a balance with the Board's 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, and the prohibition of public expenditures for a private
purpose. With the establishment of a Municipal Service Taxing Unit (MSTU) as a funding source, the
cost utilized to repair the private roads will be ultimately borne solely by the residents serviced by the
private road, the County Attorney has opined that the proposed procedure is legally sound.
There are approximately 105 miles of unpaved, private roads with public access within Collier County
with adjoining properties with an estimated taxable value of $290,000,000. At an average cost of $9,000
per mile for limerock road repairs, the estimated revenues may cover repairs on approximately 32 miles of
unpaved roads.
To acknowledge that some unpaved roads may be in good condition and under continuous maintenance
by the property owners utilizing the road, the proposed ordinance establishes an opt -out provision for
roads that are not likely to require maintenance within a five-year period. 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 or 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 subjected to the tax levied.
At its June 12, 2018 regular meeting, the Board authorized the County Attorney to advertise the proposed
ordinance for future consideration.
FISCAL IMPACT: If approved, this MSTU Ordinance will set in motion a series of fiscal 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 1.0000 mil per year. Based upon a projected taxable value equal to
$290,000,000, the taxes would raise approximately $290,000 per year. The effect of the proposed MSTU,
including the tax levy implications, will not be realized until the 2019 tax year (FY 2020). This assumes
that the enabling ordinance and related filings will be completed prior to December 31, 2018.
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10.B.b
06/26/2018
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this
Executive Summary.
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 of County Commissioners adopts the proposed ordinance
which would create the unpaved private road emergency repair Municipal Service Taxing Unit (MSTU).
Prepared by: Commissioner William L. McDaniel, Jr., District 5
ATTACHMENT(S)
1. Proposed Ordinance - Private Road MSTU (PDF)
2. Legal ad - Agenda ID 5940 (PDF)
Packet Pg. 197
10.B.b
06/26/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 9.A
Doe ID: 5940
Item Summary: ***This item to be heard at 9:15 a.m. * * * Recommendation to adopt 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) mil of ad valorem taxes per year.
Meeting Date: 06/26/2018
Prepared by:
Title: Legal Assistant/Paralegal — County Attorney's Office
Name: Virginia Neet
06/13/2018 10:13 AM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
06/13/2018 10:13 AM
Approved By:
Review:
County Attorney's Office
Office of Management and Budget
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Valerie Fleming Level 3 OMB Gatekeeper Review
Allison Kearns Additional Reviewer
Leo E. Ochs Level 4 County Manager Review
MaryJo Brock Meeting Pending
Completed
06/13/2018 11:24 AM
Completed
06/14/2018 8:35 AM
Completed
06/15/2018 10:41 AM
Completed
06/15/2018 3:50 PM
06/26/2018 9:00 AM
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10.B.b
ORDINANCE NO.2017-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, CREATING THE PRIVATE ROAD
EMERGENCY REPAIR MUNICIPAL SERVICE TAXING UNIT;
PROVIDING FOR THE BOARD OF COUNTY COMMISSIONERS TO BE
THE UNIT'S GOVERNING BODY; PROVIDING FUNDING AND THE
LEVY OF NOT TO EXCEED ONE (1) MIL OF AD VALOREM TAXES PER
YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING
FOR AN OPT -OUT MECHANISM; PROVIDING FOR DUTIES OF THE
COUNTY MANAGER; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, many roads in the unincorporated portion of Collier County are unpaved,
private roads not maintained by the County, which may become impassable if not maintained; and
WHEREAS, it is imperative that all roads in the County are passable to emergency services
vehicles to protect the public health, safety, and welfare in certain emergencies, including fires,
hurricanes and floods; and
WHEREAS, there is currently no mechanism or funding source to pay for emergency
repairs when an emergency vehicle cannot access private roads deemed impassable; and
WHEREAS, the Board of County Commissioners has determined that the creation of a
municipal service taxing unit is the best method to provide funding to enable the County to make
emergency repairs to private roads upon the notification by the local fire district or the Collier
County Sheriff's Office.
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 Private Road Emergency Repair Municipal
Service Taxing Unit, hereinafter referred to as the "MSTU." The property subject to the MSTU
shall be all properties adjacent to and/or takes access from an unpaved, private road in
unincorporated Collier County.
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10.B.b
SECTION THREE: Purpose and Governing Body.
The MSTU is created for the purpose of providing emergency repairs to unpaved, private
roads in Collier County where the County is notified by a local fire district or the Collier County
Sheriff's Office that such roads are, or soon will be, impassable to emergency vehicles and such
disrepair is a danger to the health, safety, and welfare to the citizens of Collier County. The roads
shall be repaired only to the extent that they are made passable to emergency vehicles. Such repair
does not designate an ownership interest in the road by the County.
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 the following September 30. The estimate shall describe the
purpose for which the monies 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 one (1) mil per year.
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: Opting Out.
Upon application to the County Manager or his Designee, the property owners abutting
and/or takes access from an unpaved road may opt out of the tax levied herein upon a finding by
the County Manager that the road is not likely to require maintenance within the next five fiscal
years. In order 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 or 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, as determined by the County Manager or his Designee, those previously
opted -out homes shall become subjected to the tax levied herein beginning the next fiscal year and
continuing the following years.
SECTION SEVEN: Duties of the County Manager or Designee.
The duties of the County Manager or designee are as follows:
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10.B.b
I . To aid and assist the Board 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;
2. To prepare and recommend to the Board an itemized annual budget of the amount
of money required to carry out the business of the MSTU for the next fiscal year;
3. To provide periodic written reports to the Board of the activities of the MSTU and
its finances in accordance with established guidelines of the Board; and
4. To administer the opt -out provisions in Section Six herein.
SECTION EIGHT: 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 NINE: 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 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
ATTEST:
D W IGHT E. BROCK, Clerk
By:
Deputy Clerk
Ap`pr'h,44At j form and legality:
Jeffrey "KAtzkow, County Attorney
2018.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Andy Solis, Chairman
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10.B.b
18D
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO
CONSIDER ORDINANCES
Notice is hereby given that
a public hearing will be held
by the Collier County Board
of County Commissioners on
June 26, 2018, 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 enactment
of County Ordinances. The
meeting will commence at
9:00 A.M. The titles for the
proposed Ordinances are as
follows:
AN ORDINANCE OF THE BOARD
OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE
2013-33, THE COLLIER
COUNTY ANIMAL CONTROL
ORDINANCE, BY AMENDING
DEFINITIONS; ALLOWING FOR
PHOTOGRAPHIC OR VIDEO
EVIDENCE OF VIOLATIONS
WITH AFFIDAVIT, PROVIDING
FOR NEW QUARANTINE
REQUIREMENTS AND FEES;
PROVIDING SPECIFIC
LICENSING REQUIREMENTS
FOR NEWLY ACQUIRED PETS
AND POLICE WORKING DOGS;
ADDING A SECTION FOR
KEEPING OR ADOPTING FOUND
STRAY ANIMALS; AMENDING
GENERAL VIOLATIONS;
ADDING A SECTION FOR
MANNER OF KEEPING
ANIMALS TO ESTABLISH
MINIMUM STANDARDS FOR
ANIMAL CARE AND ALLOWING
FOR A NOTICE TO COMPLY
TO BE ISSUED FOR FIRST
OFFENSES OF THIS SECTION;
PROHIBITING EAR DOCKING,
INTENTIONAL POISONING,
AND BESTIALITY, AMENDING
THE DANGEROUS DOG
SECTION TO MIRROR STATE
STATUTE; RENAMING "NOW
COMMERCIAL BREEDERS"
TO "HOBBY BREEDERS";
ELIMINATING MANDATORY
HOLDS FOR PUPPIES,
KITTENS, AND UNIDENTIFIED
CATS; PROVIDING FOR
VOLUNTARY SURRENDERS;
RENAMING "FERAL CATS"
TO "COMMUNITY CATS";
REVISING THE TRAP -NEUTER -
RETURN PROGRAM; ADDING
A SECTION FOR INJURY
TO ANIMALS BY MOTOR
VEHICLES; ADDING A SECTION
FOR DISPOSAL OF BODIES
OF DEAD ANIMALS; ADDING
A SECTION FOR TAMPERING
WITH ANIMAL TRAPS OR
CAPTURING DEVICES;
ADDING A SECTION FOR
LIVESTOCK; PROVIDING FOR
CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING
FOR AN EFFECTIVE DATE.
AND
FRIDAY, JUNE 15, 2018 E NAPLES DAILY NEWS
AN ORDINANCE OF THE BOARD
OF COUNTY COMMISSIONERS
OF COLLIER COUNTY,
FLORIDA, CREATING THE
PRIVATE ROAD EMERGENCY
REPAIR MUNICIPAL SERVICE
TAXING UNIT, PROVIDING
FOR THE BOARD OF COUNTY
COMMISSIONERS TO BE THE
UNIT'S GOVERNING BODY;
PROVIDING FUNDING AND THE
LEVY OF NOT TO EXCEED ONE
(1) MIL OF AD VALOREM TAXES
PER YEAR; PROVIDING FOR
THE COLLECTION OF TAXES;
PROVIDING FOR AN OPT -OUT
MECHANISM; PROVIDING
FOR DUTIES OF THE COUNTY
MANAGER; PROVIDING FOR
CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN
THE COLLIER COUNTY CODE
OF LAWS AND ORDINANCES;
AND PROVIDING FOR AN
EFFECTIVE DATE.
Copies of the proposed
Ordinances are on file with
the Clerk to the Board and are
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
item. 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 organization
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 presentations before
the Board will become a
permanent part of the record.
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
accommodation 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, located
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
ANDY SOLIS, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy
Clerk
(SEAL)
June 15, 2018 No.2041424
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COMMISSIONER TAYLOR: Oh, it's wonderful.
CHAIRMAN SOLIS: Especially in this.
COMMISSIONER FIALA: Catching it before anything happens.
COMMISSIONER TAYLOR: Yes. Not in reaction; proactive.
COMMISSIONER FIALA: Yeah, right.
MR. OCHS: Thank you very much.
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) MIL OF AD VALOREM TAXES PER YEAR —
MOTION TO CONTINUE TO THE SECOND MEETING IN
SEPTEMBER, 2018
Mr. Chairman, we have a 9:15 time -certain that we're late on. It's
Item 9A, and this is a recommendation to adopt an ordinance which
would create the unpaved private road emergency repair municipal
service taxing unit by authorizing a levy of not to exceed one mill of ad
valorem taxes per year. This item was brought forward at the last
meeting by Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. Good morning. And just
to repeat a statement that I just recently heard, this activity is for
allowing us, on a proactive basis instead of a reactive basis, to take
care of the health, safety, and welfare of the residents of our
community that reside on or access their properties via a private dirt
road.
So this issue's been going on within our community for a
millennia. There are literally health, safety, and welfare issues that
have transpired in our community. The exorbitant expense that the
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county and the residents that are suffering from this, because of the
proactive -- or, excuse me -- the reactive state that we have to actually
effectuate any kind of maintenance on these roads is five and six times
that of what can be accomplished if it's managed on a proactive basis.
So, I mean, I -- when we worked with staff to develop this, we set
this up to be reviewed annually by the Board of County
Commissioners -- by your Board -- you did that on purpose, didn't you
-- by your Board of County Commissioners based upon actual
expenditures from our road and bridge and maintenance department so
that we were, in fact, dealing with reality.
So -- and if I can make one suggestion, it was staffs
recommendation to limit this to a maximum of one mill. And I think
we can get along quite happily with a maximum of a half a mill. I
would like to make that adjustment moving forward should the
ordinance be passed.
So other than that -- I did ask several people to come and speak to
you today just to share with you their thoughts, and I think there are
some others as well, so...
CHAIRMAN SOLIS: How many public speakers do we have?
MR. MILLER: We have five registered speakers for this item.
CHAIRMAN SOLIS: Commissioners, your lights are on. Do
you want to hear the speakers first?
COMMISSIONER TAYLOR: I have a question of
Commissioner McDaniel.
CHAIRMAN SOLIS: Okay.
COMMISSIONER TAYLOR: In speaking to our County
Attorney, he's recommending not an MSTU but an MSBU because
some of the properties on these roads are not taxed because they're
with the -- I guess the homestead exemption coming in, the value
requires that they will not be taxed. They're exempt. And then if it
passes again, then it kind of makes it important that everyone
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contributes.
So I don't know if you have any objection to that, but it seemed
great good sense to me.
MR. KLATZKOW: What we'd like to do is -- and Michelle
Arnold over here -- our deadline is December anyway to get this
because it has to go to the Tax Collector.
Our thought process is to go through, see what this would look
like as an MSTU and see what this would look like as an MSBU --
there are many, many properties along these roads that we'd have to
look at -- and then come back to the Board and say which is your
preference, to do this as a taxing unit or as a benefit unit.
The advantages of the taxing unit is that it's easy. It's just one
millage assessed to everybody. The advantages of the benefit unit is it
captures everybody. We don't really know what the outcome of that is.
We'd have to do this survey, but that's what the summer is for.
COMMISSIONER TAYLOR: That was it. Thank you.
CHAIRMAN SOLIS: Commissioner Fiala, do you want to hear
from the speakers?
COMMISSIONER FIALA: Yes.
COMMISSIONER McDANIEL: Are you suggesting that we
adjust the language in this proposed ordinance today?
MR. KLATZKOW: I'm suggesting that we need to wait until
December anyway. Well, we have until December, anyway, to get this
to the Tax Collector, and what I'm suggesting is that from financing
this MSTU, it might be better for the Board to finance this as an
MSBU.
So we're asking the Board, do you want this to come forward?
All right. It doesn't matter if it's an MSTU, MSBU, the ordinance will
go forward, and then staff can come back and say the best financing
mechanism for this is, and then give it to the Board to say, okay, we'll
do this as an MSTU or MSBU.
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COMMISSIONER McDANIEL: So we need that allowance
adjustment today, assuming this goes forward --
MR. KLATZKOW: It would be a direction to staff.
COMMISSIONER McDANIEL: -- to be able to make that
direction to staff?
MR. KLATZKOW: Yes, sir.
COMMISSIONER FIALA: Is Michelle going to get up and tell
us the difference between BU and --
MR. KLATZKOW: The benefit unit would be that everybody
would -- it's a special assessment rather than a tax. The thought
process is we do it by frontage on the road, though we'd have to look
into that, so that everybody pays whether they're a resident on the road
with an expensive house or a resident on the road with an inexpensive
house or a non-resident with just undeveloped property there. It would
be based on the actual length of road that's in front of your house.
The MSTU would just be a straight tax on everybody, but a lot of
people fall outside the straight tax because their homestead basically is
more valuable than what they're living in.
CHAIRMAN SOLIS: There could also be ag exemptions, could
there not, on some?
MR. KLATZKOW: We'd have to look into that. I don't think --
COMMISSIONER McDANIEL: When this originally came
forward, the staffs analysis said there was about $290 million worth of
assessed valuations that were impacted by this MSTU, and that a
maximum of one mill would generate about $290,000, which is one of
the reasons -- and there is 105 miles of roads within our community
that are private dirt roads that folks utilize to access their properties, so
-- and this is strictly for emergency vehicle access.
If you'll recall, it's stated here that only Sheriff or the Fire
Department has the capacity to investigate a road and give direction for
the reparations to allow for emergency vehicular access, so...
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COMMISSIONER FIALA: So I don't want to use my time yet
and I have to. You talked about ag, and you talked about emergency
roads. I have a farm in my district. It's a big farm. And they have
problems with their roads.
COMMISSIONER McDANIEL: On the mike, please.
COMMISSIONER FIALA: Okay. They have problems with
their roads occasionally, and I'll get a call. And so then I send the Fire
Department out -- and this has happened twice already. The Fire
Department goes out. They can't -- it's impassable also for them.
So then they've called the owner of the farm and, actually, the
owner has come out and fixed it. And so I'm -- maybe they didn't
realize how bad the road was until we got a complaint. They've always
followed through and followed through right away. Would that then be
an MSBU, or being that it's their own private property -- it's not just a
private road. It's their own private property -- they wouldn't be taxed
for that, right, or would they?
COMMISSIONER McDANIEL: They would be.
COMMISSIONER FIALA: Ag property.
COMMISSIONER McDANIEL: They would be.
CHAIRMAN SOLIS: Well, except the ag exemption would
apply, so --
COMMISSIONER McDANIEL: Yeah. It would be at whatever
their assessed valuation, in fact, was.
CHAIRMAN SOLIS: We've got some other lights, but I've just
got some questions, and I think I expressed my reservations about this
last time.
This relates to properties that are adjacent to or have access from
a private road. What if there's access from both the private road and a
public road? Because, I mean, these situations actually exist.
COMMISSIONER McDANIEL: Well, sure.
CHAIRMAN SOLIS: How would they -- would they be included
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if they had access from a public road as well? And -- that's one
question I have. The other thing that I'm concerned with are some
unintended consequences. For example, if I'm a landowner and I have
recently maintained my road and then this MSTU/MSBU, whatever it's
going to be, is created, why would I ever maintain my road again?
Because I mean, it just seems like everybody would just wait for the
county to do it.
COMMISSIONER McDANIEL: Right.
CHAIRMAN SOLIS: And if that's the case, then I think we're
talking about maintenance as opposed to emergency situations, which
we already have a process for, and the law is clear that we can't use tax
dollars, public tax dollars, to improve private property.
I mean, I understand what we're trying -- and this is an issue. But
right now we have a process where if something's impassible, an
emergency's declared, the county will go in and fix the road and then
create an MSTU for that road -- that's the process now -- and then the
funds are recovered from the owners adjacent to the road regardless of
if anybody wants to pay for it or not, and the county recovers that.
I'm just concerned that by doing this we're going to create a
situation where nobody is going to have an incentive to maintain the
roads anymore. They're just going to be paying it and waiting for them
to get really bad, and then the county will go fix it. That's -- I mean, I
understand the intent, and it's a good one, but this public/private road --
public versus private roads is, I think, a problem because, I mean,
people choose to live on private roads for reasons, and they make that
decision when they buy their property. And going in they have to
know that it's incumbent upon them to maintain it.
COMMISSIONER McDANIEL: Well, can --
CHAIRMAN SOLIS: Yeah.
COMMISSIONER McDANIEL: I've got a couple -- just a
couple of things. And this has a lot to do with where you live and
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where you go and what you do.
I'm president of the Corkscrew Island Neighborhood Association,
and I think -- he's not here right now, but I think there's -- 40-some-odd
miles of roads of these private roads exist in the Sanctuary area.
And the inequity that, in fact, evolves here, Mr. Chairman, is the
-- and you're going to hear from people. There's a gentleman here
today that lives over off of Markley down in behind our landfill. The
inequity that, in fact, evolves is some of the residents do participate in
their maintenance and some don't, and some do and some don't, and
then the roads become impassable because some do and some don't,
and it's the similar process if you're paying to maintain your road and
your neighbors are driving it and not contributing to the maintenance.
How long are you going to be incentivized to continue to maintain the
road?
And we have created, because of a reactive state that is -- we are
prohibited by statute, you are correct. We are prohibited by statute to
expend public funds on a private property except for emergency
circumstance.
And so we, on a reactive basis, have only been able to go in and
fix these roads. This is a path stipulated for emergency access only
that we can provide on a reactive -- not a reactive -- a proactive basis,
the access for emergency vehicles.
CHAIRMAN SOLIS: And that's my question. If we're allowed
to use public funds if there's an emergency, how can it be proactive
and not be maintenance? I mean, it's got to be an emergency.
COMMISSIONER McDANIEL: The ordinance stipulates that if
there is a perception that the road could become impassible, then we
have the right to go in and expend --
MR. KLATZKOW: It's not for maintenance. This is not for
maintenance.
COMMISSIONER McDANIEL: This is not for maintenance.
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CHAIRMAN SOLIS: But you're saying that if there's a
perception that the road will become impassable -- it's not impassible
yet but there's a perception that it will be, then we're talking about
maintenance. I mean, that's the line, right?
COMMISSIONER McDANIEL: But there's where -- and there
is a very specific line which we are not crossing over into from a
maintenance standpoint.
This is a proactive opportunity for us to be able to maintain these
roads to be able to protect the health, safety, and welfare of the
residents who live on these roads. I shared an example a couple of
weeks ago, sir, with a friend of mine who was suffering from a heart
attack off of Platt Road on Fawn Lane and the washout on Platt got so
bad that our emergency vehicles could not get to him.
What are you two doing?
COMMISSIONER SAUNDERS: We're discussing personal
items.
COMMISSIONER McDANIEL: Oh, okay.
COMMISSIONER SAUNDERS: Not related to county business.
COMMISSIONER McDANIEL: I'm over here having a
discussion, and those two are sitting down there talking.
COMMISSIONER SAUNDERS: We were listening.
COMMISSIONER McDANIEL: Oh, okay.
The long and the short, I mean -- and, Commissioner, I respect
your opinion. You know, I have worked on this for in excess of a year.
I was actually in the process of amending the statute to allow us to do
something in regards to this to be able to provide for the necessary
health, safety, and welfare.
I mean, to me this stuff s not brain surgery. It's costing us between
10- and $12,000 a mile to fix these roads on a reactive basis, and it can
be accomplished for less than 2- on an emergency -access only.
CHAIRMAN SOLIS: Right. But, I mean, if it's an emergency,
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then it's always -- this is the part that I don't -- and I really don't
understand how it can be proactive if it has to be an emergency for it to
be done.
COMMISSIONER McDANIEL: Why don't we ask our County
Attorney to explain that again.
CHAIRMAN SOLIS: Yeah.
COMMISSIONER McDANIEL: I mean, it's very clear in here
that this is being done for emergency vehicular access dictated by the
Fire Department or the Sheriffs Department. If they go look at a road
-- that gentleman sitting right there lives on Markley. Mr. Blackwell
that sent me the email last week complimenting us on a fix of Blue
Sage -- Blue Sage washed into the canal. Those are -- that gentleman's
there's wife had to be carted out in a four -wheel -drive vehicle to get to
a place where the ambulance could, in fact, pick her up.
These -- by having it for emergency vehicle access someone can
go -- the Sheriffs Department or Fire Department can go look, that
road requires attention and, boom, it's fixed. It's not a maintenance.
That's very, very important that folks understand that.
CHAIRMAN SOLIS: And my other question would be, is there
a reason that we wouldn't do this the way we do other MSTUs, and
that is we set up kind of a referendum that we do in the area where the
MSTU's going to be? I know they've -- I mean, we have MSTU
presentations almost on a meeting -by -meeting basis. It seems like,
generally, we put this to a vote of the owners that would be affected as
to whether or not they want to create one. And that -- those are my
concerns.
And, again, I'm not arguing that there's an issue, and I'm not
arguing with the intent of it. I'm just concerned with the legality of it
and whether or not we're going to be crossing the line as to, you know,
being proactive as opposed to responding to emergencies is really my
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COMMISSIONER McDANIEL: I was very, very careful and
asked our County Attorney to very specifically assist with regard to
this so that we didn't cross that line, and we stayed on the emergency
access by how the roads are, in fact, repaired in the event that they do
become impassable. Very careful; very careful.
CHAIRMAN SOLIS: I believe Commissioner -- I think
Commissioner Saunders is next. Were you next?
COMMISSIONER FIALA: I was, but I wanted to hear the rest --
I wanted to hear the audience, or the speakers.
COMMISSIONER SAUNDERS: Well, I had a little bit of
concern as well concerning the legality of this, but I'm going to rely on
the County Attorney. If the County Attorney advises this board that the
way this is drafted meets all of the standards, legal standards, and he's
satisfied with it, then I'm going to accept that. He's our legal counsel.
MR. KLATZKOW: This is an expansion of our current policy.
Our current policy's on a road -by -road basis.
And when the roads would come in, there would be a fire district,
for example, we say that it's impassable. The County Manager's now
authorized to do emergency repairs to the road, and then set up an
MSTU.
This creates a dedicated funding source that everybody kicks into
who are along private roads, and it just expands the concept from that.
It's still based on a determination, an independent determination
by one of the fire districts, and they're all independent, or the Sheriff,
again, independent, that I can't get down this road, okay, for
emergencies. It could be fire related; it could be flood related.
At that point in time we have a dedicated funding source, and we
send out whatever trucks we need to to fix that road. But the concept
is the same as we currently have. It just creates a better funding source
for it.
COMMISSIONER SAUNDERS: In terms of whether this is an
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MSTU or an MSBU, I realize that have until December to approve
this, because then it goes on the tax rolls starting in January of next
year.
And what I'd like to suggest, to hear the speakers, but I think this
should be continued so that staff can do some analysis, come back and
advise us whether this should be a benefit unit or a taxing unit based on
taxable values within this area.
With that information, if you still feel that this should be a taxing
unit, this is your district -- these are folks that you deal with on a daily
basis. I'm assuming that you've had contact with the neighbors and
that you have received communication concerning this. And if you
feel that the community really wants this, I have no problem going
forward with it.
But I would like to have some assurance that there is more
community involvement, information about it, and then I would like to
have information from the staff as to whether this should be a benefit
unit or a taxing unit. Then you can make a decision as to what you
think is best for your constituents in that area.
COMMISSIONER McDANIEL: I, as well, am a little surprised,
to be candid. Today is the first -- this minute's the first time I've heard
the word MSTBU (sic) at all. And so that is a bit disconcerting.
But be that as it may, I would like to hear from the public
speakers. I did ask a lot of important people to come and speak with
you today to share the necessity of this. The technicality of an MSTU
or an MSBU is irrelevant to me. There is a need in our community for
this. This does have to do with health, safety, and welfare, so...
COMMISSIONER SAUNDERS: Well, what I think the staff is
saying is they want to come back to you to tell you what is the best
mechanism so that you can accomplish your goal. It may be a benefit
unit; it may be a taxing unit. So even though it's come up today, it
certainly is not too late because we have plenty of time.
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COMMISSIONER McDANIEL: No, no. And, certainly, it isn't
too late. It just is not new news. So let's move on.
CHAIRMAN SOLIS: Speakers.
MR. MILLER: Yes, sir, Mr. Chairman. We now have six
speakers for this topic. I'll remind the speakers to use both podiums.
Your first speaker is Jorge Aguilera. He will be followed by Wayne
Martin.
MR. AGUILERA: Good morning. For the record, Jorge
Aguilera, assistant chief with the North Collier Fire Control and
Rescue District.
Obviously, we're here to support any initiatives that positively
impact the health, safety, and welfare of our residents and, obviously,
accessibility -- safe and rapid accessibility to emergencies is a primary
part of our responsibilities.
And we do have issues on some of these private roads where,
through washout or just through time, they've become almost
impossible to navigate.
And one of the worst times to figure that out is when you're
actually responding to a call and you get to a point, and you just can't
get there because, for whatever reason, the emergency happened, the
road became inaccessible sometime during the last time you actually
went through it.
So however this is resolved, it is an issue that needs to be
addressed. We appreciate the commissioner to bring this issue to this
body and hopefully you can find some sort of way of addressing it.
Because accessibility, not only for the residents, but for emergency
vehicles, is critical. Thank you.
MR. MILLER: Your next speaker is Wayne Martin. He'll be
followed by Dr. Joseph Curione.
MR. MARTIN: Good morning, Commissioners. I'm Wayne
Martin, deputy director with the Greater Naples Fire Rescue District.
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And on behalf of the district and Chief Kingman Schuldt, we'd like to
express our concern and need for good access for all emergency
vehicles.
When a road is impassible, the first responders are delayed and,
on occasions, they have to walk into a home to access a patient or the
incident. That delay, as they transverse it, may create damage to
vehicles, and it has in the past, which creates repairs.
So the district sees this as a community health and safety issue,
and we thank you for the opportunity to speak today.
MR. MILLER: Your next speaker is Dr. Joseph Curione. He'll
be followed by Guillermo Perez.
DR. CURIONE: Good morning, Commissioners. Thank you for
your time.
I think pretty much mostly what needs to be said has been said. I
live on Della, and I was, unfortunately, in a position where I
experienced a problem years ago, 2012. At that time my fiancee was
very ill, she had cancer, and I needed to call an ambulance, and by the
time the ambulance finally got to the end of Della, she had lost
consciousness, and she passed away later on. So this is something that
really needs to be considered.
And, you know, the repairs that are needed, we need to look at it
as a prophylactic measure so that we don't wait till the last minute and
something like that happens.
So I'm in full support of everything that they've said, and I hope
that you take this into consideration for this issue and for the repairs.
Thank you for your time.
MR. MILLER: Your next speaker is Guillermo Perez. He'll be
followed by Kelly Ramero Bettridge.
MR. PEREZ: Thank you.
Last year -- I go now to a school to speak English. I try again.
Let me try my language, but she help me.
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Last year happen too much problem in the area where I live,
Immokalee Avenue. My home is the last home/house over there. My
wife and me live in there, but she gone. She have panic for the last
year when come it the hurricane, the storm, and then the fires.
The police and the Fire Department, let me tell, have incredible
department, Fire Department, and the rescue for many times going
there is impossible, the car going to my home. The street is destroyed.
The neighbors, nobody fix it. Nobody help you over there.
For some time I go and try for fix my area, and the people
destroy, and nobody help me. I calling to the neighbors; nobody put
nothing over there.
Not important for these people live in --
MS. de JESUS: Hello. Maria de Jesus from communications and
customer relations. I'll be translating.
There's people that he feels that don't feel like they want to better
their life, the residents' lives. He wanted to mention that when he came
to the United States, he was in Miami, and he realized that at that time
there was roads that were unrepairable, and he saw that area prosper,
and now he's seeing the same here in Naples. He's seen that Naples is
prospering.
He's got a lot of medical issues, heart issues. He's proposed
himself that hopefully, if he does pass, that hopefully he gets to see the
city grow as well in those areas. And he's asking for you guys, you
know, to help.
They voted for you guys, and, Commissioner McDaniel, he says
you're great, and Commissioner Donna Fiala, the same. And,
Commissioner Fiala, I guess you got a chance to see his area, and he
did mention to you the amount of debris that was there and if there was
a fire, that it would be an issue. And the fire did come, and it was huge.
I guess the firemen were there. They were able to save his home.
COMMISSIONER McDANIEL: You can't make him stop.
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CHAIRMAN SOLIS: No. I understand.
MS. de JESUS: He just wanted to let you know about the
hurricane. He had a difficult time in this time, so he wants to make
you full aware of his situation and to help.
COMMISSIONER McDANIEL: Maria, let him know his time's
UP.
MR. PEREZ: Thank you.
MR. MILLER: Your next speaker is Kelly Ramero Bettridge,
and she'll be followed by Tabitha Butcher.
MS. BETTRIDGE: Good morning. I'm going to -- I first want to
address something that Commissioner Solis had said, because I'm a
schoolteacher on summer break, and I might not hold it in my brain
that long.
So first I want to address what you said about the emergency
repairs and how there might be some question of legality, and maybe
the attorney would back this up.
But the way that I was understanding this ordinance to be is that
this isn't just, okay, wait for an emergency and do it; it is to allow -- to
put this in the hands of the emergency responders to be able to
determine where the emergency is taking place. Because, really, like
Commissioner Fiala said, repairs are not going to be made to this road
for an emergency purpose according to the already existing policy
unless somebody calls or unless an emergency happens.
So my understanding is is that the people who spoke today are
going to go and make a determination of what roads are impassible and
then approach those. But we know that most of the roads are, at some
point, going to have some fall into disrepair.
So I want you to consider -- like, to me, when I heard the
emergency MSTU, I wasn't thinking, okay, we'd go out in the event of
an emergency. It's looking at, okay, where is our emergency? Because
the emergency is already occurring in many places, and that is also true
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on my road, which is Della.
And, I mean, I think that what you've seen on the news and what
other people have presented -- I know that I've sent emails to you with
photographs of what's happening on our road. And we have residents
who are totally with, you know, great intentions to make repairs to
those roads, but even those repairs aren't to the safety, benefit, and
wellness of individuals.
I mean, right now on my road, there are, you know, sharp shards
of things covering gigantic car -sized potholes with nails sticking out
and, you know, foam insulation and all kinds of things that -- like, my
children can't walk down the street.
So there's more than just, you know, an emergency of a vehicle
coming down my road. There's an emergency of people walking down
my road, okay.
And in that case, I mean, I was very lucky. Shortly after we had
an emergency MSTU done to our road a few years ago because it was
impassible. Shortly after that -- thank goodness we had that, because
there was a fire on my property that was able -- we were able to pass
and get that.
And I also spent many months trying to get residents on my road
to pass an MSTU on our own. I spent months doing this. And I wasn't
able to get it done. And I found out that it probably won't get done,
and it doesn't appear to me that this ordinance doesn't take away
residents' property, it doesn't seem to go out and violate any, you
know, laws that I could see, and it is more of an enhancement of what
your already existing law is. It's still an emergency, same as old policy,
but it's a look at -- oh, I'm running out of time. Okay. It's to look at
going and seeing where the emergency's existing. The emergency is
already there, we know that it's there, and so we need to address it.
Thanks.
MR. MILLER: Your final registered speaker on this item is
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Tabitha Butcher.
CHIEF BUTCHER: Good morning, Commissioners, Tabitha
Butcher, chief of EMS.
My comments are going to reflect the other first responders that
have spoken today. EMS is in support of an initiative to improve
roads, because access to these residents has been a challenge for us in
the past, and so we do support any initiative to improve roads. Thank
you.
COMMISSIONER McDANIEL: Mr. Chairman, my friend,
Lieutenant Martin, didn't realize he had to fill out a speaker slip.
Would you like to say a few words, Lieutenant? Forgive me. I asked
the Sheriff --
LIEUTENANT MARTIN: If it pleases the Board.
CHAIRMAN SOLIS: Can he fill one out after the fact? Because
I think we have to have one.
COMMISSIONER McDANIEL: Okay.
MR. MILLER: We'll take care of it, Chairman, when he's done.
COMMISSIONER McDANIEL: It's his first time.
LIEUTENANT MARTIN: Good morning. Lieutenant Gary
Martin on behalf of the Sheriffs Office.
I am the District 4 commander for the Sheriffs Office, which
encompasses the district also known as the Estates district, so much of
these roads fall into the Estates.
The Sheriffs Office is supportive of any initiative that would
make roads passible to emergency services' vehicles and would take
part in the notification process to let the Board know that roads have
become impassible.
Several people here today have roads which fall within the district
that I'm responsible for. Markley is at the southern end of the district.
A good example of Markley, if a patrol deputy is dispatched there, that
deputy, no matter where they're at within the 300 square miles of the
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Estates district, has to respond back to the station on Immokalee Road,
retrieve a four -wheel -drive vehicle, a high-water truck to respond
down there. So that does limit our response time there quite a bit.
The lady before me that just spoke about Della Drive -- I was on
Della Drive this week. There are holes on Della Drive that are as wide
as from me to the Board and a foot deep. With no water in them, you
know, you can navigate that.
I think it would be impossible for a fire truck or an ambulance to
navigate. Patrol vehicle, it's still kind of difficult.
Some of the residents there have decided to take the broken tiles
from roofs and fill those holes. That's why there's a lot of sharp things
there. That's what the potholes are being filled with. One of them had
a granite countertop in it. So there are things of that nature that are
being done for repairs to try to aid in getting up and down the road.
Commissioner McDaniel spoke of Platt Road earlier. Platt Road,
if you're on it today, it's great; it's nice and level, and it's smooth. The
problem there is there's no ditches or culverts or anything on either
side. So when it rains, the road itself then becomes the way for the
water to evacuate the areas, and then it becomes impassible. And, of
course, you're not going to drive a law enforcement vehicle, a fire
truck, or an ambulance down the road at that point.
Any questions from the Board for me?
COMMISSIONER McDANIEL: These are the guys that are out
there every day. Thank you.
LIEUTENANT MARTIN: Thank you very much.
COMMISSIONER McDANIEL: And ladies; forgive me,
Tabitha.
CHAIRMAN SOLIS: Commissioner Fiala?
COMMISSIONER FIALA: Yes, thank you. I have a few
questions. A lot of these roads, nothing at all like, of course, in
Commissioner McDaniel's district, but I have a lot of these dirt roads
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in my district as well, and so some of them become a problem; some of
them they just put up with.
But I have two questions that I have here. Now, it says in this
thing someplace where you can opt out --
COMMISSIONER McDANIEL: Yes.
COMMISSIONER FIALA: -- and not be a part of this program.
So say, for instance, you live on Della Drive; we'll choose that. And
on Della Drive Mr. A and Mr. B and Mr. C say, I don't want a part of
this. You know, I like it the way it is even with the big holes, so I opt
out. And then the emergency people come in and say, you've got to do
something with this road. This plan should kick in.
Okay. What happens to the guys that have opted out? Do they
have to pay anyway, or does everybody else have to pay even though
they won't?
COMMISSIONER McDANIEL: I think you should ask the
County Attorney that question. He and I discussed --
COMMISSIONER FIALA: I'm asking everybody, but the
County Attorney will hear it, I'm sure.
COMMISSIONER McDANIEL: Well, he's the one that helped
with that aspect.
COMMISSIONER FIALA: I think we need to iron that out to
make sure that everybody knows what's expected and what isn't.
MR. KLATZKOW: Yeah. The opt -out clause is for those
property owners -- it's usually just one property owner involved -- who
regularly maintain their roads, and there's never been an issue with the
roads. And it's up to the County Manager to make that determination
that, yes, this road is suitable to being opted out, because there's not a
real likelihood we're ever going to have to be there and actually do the
emergency repairs.
COMMISSIONER TAYLOR: So there has to be a stated record
of maintenance?
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June 26, 2018
COMMISSIONER McDANIEL: Yeah. It talks about a written
five-year maintenance plan. And if it fails, then that maintenance plan
is no longer valid, and they are opted back in.
Am I correct, sir?
MR. KLATZKOW: It's up to the County Manager, ultimately.
I'm sure he's thrilled with this, but it's up to the County Manager to
make the determination that this road really doesn't need any county
oversight to it; that the property owners have been responsible property
owners and have been maintaining these roads and are likely to be
maintaining these roads for the foreseeable future.
COMMISSIONER FIALA: Okay. I don't know if we all have
that answer down pat, because that's a good question.
The second thing is, like a private road, I mean, it's owned by
somebody and the road is bad, but a lot of workforce have to ride over
that road, and it's difficult, if not impossible, not to lose your car in
some of the holes, right?
Okay. We would -- would we go in and fix that with an MSBU
or TU even though it's their private road? Although, in the case that
I'm talking about they've fixed it. But there might be other places also
that have a private road. I know on Cope Lane they have a private
road. They just fix their own road.
COMMISSIONER McDANIEL: Right.
COMMISSIONER FIALA: And they want to do that. And, fine,
they've got the equipment over there amongst the neighbors, and they
all just do that together.
But maybe there would be something that's a private road that
people have to drive on, yet none of them have ownership in it, just the
one guy. Do we go out and fix that road anyway?
COMMISSIONER McDANIEL: Only when it's determined that
emergency vehicular access --
COMMISSIONER FIALA: Right.
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COMMISSIONER McDANIEL: -- is not accessible.
COMMISSIONER FIALA: Right.
COMMISSIONER McDANIEL: At that point, that's when the
maintenance --
COMMISSIONER FIALA: So then we tax --
COMMISSIONER McDANIEL: -- department -- excuse me.
Just let me finish. Not maintenance, but the Maintenance Department
from the county goes and makes it passible for emergency vehicles. I
want to be very clear that this isn't a maintenance process. This is for
emergency vehicular access.
COMMISSIONER FIALA: Okay.
COMMISSIONER McDANIEL: That's where it gets cloudy, and
there is no provision for us to do this on private property on private
roads with public funds. This is for emergency vehicular access.
COMMISSIONER FIALA: I understand.
COMMISSIONER McDANIEL: And your folks on Cope Lane
are a perfect example of those that I thought of when we talked about
the opt -out provision. Another road is Oil Grade Road; it goes from Oil
Well Road all the way up to Immokalee. Collier enterprises owns both
sides of it. They could provide a five-year plan to the County
Manager, maintain the road, and they could opt out of the MSTBU,
BU, as the case may be. Cope Lane folks could do the same thing.
COMMISSIONER FIALA: I think it's honorable. It's a great
project. I know that you're trying to help a lot of people, and we all
really want to feel the same way. We don't want anybody to be in
jeopardy for anything. I just wanted to make sure we put some of
these on the record so that it doesn't come back and bite somebody, so
that we already have a plan in place, and that's why I mention it.
COMMISSIONER McDANIEL: Well, I applaud you for
bringing that up, because there are a lot of misconceptions with this.
Folks could perceive that this is a maintenance process. It is not. It is
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still your responsibility to maintain your own road and take care of
your properties along the way.
This is for emergency vehicle access solely, to provide for the
necessary health, safety, and welfare for the residents and folks within
our community. It's -- can't say it any different than that.
CHAIRMAN SOLIS: Commissioner Taylor?
COMMISSIONER TAYLOR: We've got some time with this.
I'm just -- I'd like a little more clarification on the process of how we
go about identifying these roads, and do we identify -- do we depend
on emergency -- our wonderful emergency folks to come to the County
Manager and say, this road I know is impassable. The example I think
was given of Platt Road, that in the sunshine without rain it's passible,
but when it rains, it becomes a river that no transport or no truck
should go across. It needs ditches on the side. Is this the degree of
which we proceed, because --
MR. KLATZKOW: We're not putting ditches -- we're not
paving, we're not putting ditches, we're not putting in culverts. We're
just going -- once upon a time what used to happen is somebody would
make a phone call to the local commissioner, then a truck would go
out, gravel go in, and that would be the end of it. That's the way we
used to do business throughout all of Florida.
We don't do business like that anymore. This sort of takes the
place of that. Now we have a dedicated funding source. It's
transparent. And, you know, when you get a crater -sized hole in a
private road that nobody can -- that a fire truck can't get down on, now
we've got the ability to go out there and put the gravel in. Same
process, but this -- same ultimate process, but this is far more
transparent.
COMMISSIONER McDANIEL: And it's not to bring roads up to
county standards, which would be the ditching and diking and culverts
and that sort of thing. This is strictly for emergency vehicular access
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when our folks, who are our first responders, require it.
CHAIRMAN SOLIS: Well, you know, this is a tough issue for
me.
COMMISSIONER TAYLOR: Yeah.
CHAIRMAN SOLIS: And I respect the intent of it and all, and I
think it's something -- these emergency situations of are concern,
because we don't want to have situations where people are at risk and
their lives and safety are at risk.
You know, it's your -- as Commissioner Saunders says, it's your
district and, you know, I respect that -- I hope we all respect that in our
respective districts we know what the people want. And, you know, I
just -- I have some grave concern about some of the unintended
consequences of some of this.
But, you know, if the majority's going to vote for it, I mean, I'll
support it, but 1, like Commissioner Fiala, wanted to make sure it was
on the record that I think there's some issues, and we'll be revisiting
this probably in the future.
Commissioner Saunders.
COMMISSIONER McDANIEL: Oh, I'm sorry.
COMMISSIONER SAUNDERS: Yeah. I was just going to
suggest, you know, this is your item, and it sounds like the staff has
made a rather reasonable suggestion that we continue this to come
back with some information for you, so I would suggest that you do
that. But if you want to proceed this morning with the MSTU, I'm
going to support you on that, but I think that the best approach, since
we have time -- we're not going to see anything happen until 2019
anyway in terms of tax collections -- that setting up the MSBU might
be the best way to go, and I think you should have that information
before we proceed.
So I'm going to suggest that you continue this to get that
information, continue it to the second meeting in September when
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we're finished with our budgets, and then move forward with it.
MR. KLATZKOW: You can make a motion that it's an MSTU,
Commissioner, or we can continue it. It's up to you.
COMMISSIONER McDANIEL: And we can't adopt it or pass it
with the staff s recommendation to do whichever is better, MSTU or
BU, to make that recommendation, or does it have to be approved as
such?
MR. KLATZKOW: It has to be approved either as an MSTU or
an MSBU.
MR. OCHS: Oran MSTBU.
COMMISSIONER McDANIEL: Right. Whatever the actual
language is.
MR. OCHS: We have one in Pelican Bay, so...
COMMISSIONER McDANIEL: Right.
COMMISSIONER TAYLOR: We do.
MR. OCHS: Yes.
CHAIRMAN SOLIS: Yes.
COMMISSIONER TAYLOR: You didn't make that up?
MR. OCHS: No, ma'am.
COMMISSIONER TAYLOR: Just checking.
COMMISSIONER McDANIEL: Then I'm going to make a
motion to continue it until our first meeting or our second meeting in
September.
I don't want this to go through and not be proper. I cannot --
we're going to go to the 10:30 break, so I'm going to make a motion to
continue to our first meeting in September.
COMMISSIONER SAUNDERS: Could you do the second
meeting? And the reason I'm suggesting that is we're going to be
dealing with budgets the first two weeks.
COMMISSIONER McDANIEL: Yeah, first, second.
COMMISSIONER SAUNDERS: It won't make any difference.
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COMMISSIONER McDANIEL: Actually, it's irrelevant, like
you said. It's not going to kick in until the ensuing tax year anyway.
So there was a potential for it to be included this year. Had this
ordinance been adopted we could have had it included, but it's okay.
It's okay.
CHAIRMAN SOLIS: It would have been included --
MR. OCHS: No, wait a minute. No.
COMMISSIONER McDANIEL: No. It was always going to be
-- it was always going to be for the following years, correct?
MR. OCHS: Yes, sir. And as long as you adopt this ordinance
before the end of this calendar year, it still will be.
COMMISSIONER McDANIEL: Correct.
COMMISSIONER FIALA: I think you can see we all really
want to work with you --
COMMISSIONER McDANIEL: Sure.
COMMISSIONER FIALA: -- and work with the people in the
community. We just have to get it right.
COMMISSIONER McDANIEL: Well, it needs to be right, and it
hasn't been a secret. So with that, I'm going to move to continue it to
our second meeting in September.
COMMISSIONER FIALA: I'll second that.
CHAIRMAN SOLIS: There's a motion and a second.
Commissioner Taylor, your light is on.
COMMISSIONER TAYLOR: And just, if -- Commissioner
McDaniel, if you agree, I'd like to understand the process. And what
sticks in my mind is the testimony of Platt Road. In sunshine it's
perfect; in the rain it's not. That's an emergency issue. We're not --
and then what the County Attorney said, we're not going to take care of
ditches. How are you going to correct that when it's a low-lying road,
obviously, without proper drainage? We need to understand --
MR. KLATZKOW: That's going to have to be the residents of
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Platt Road. If they want to bring that road up to the county standards,
they've got the ability to set up their own --
COMMISSIONER TAYLOR: No, it's just --
MR. KLATZKOW: -- MSTU.
COMMISSIONER TAYLOR: -- where it's safe. Where it's safe.
And it's a safety issue.
COMMISSIONER McDANIEL: And if I might, I can share with
you, when the road becomes in such disrepair and excess rain, Platt
Road specifically -- I was there. I was going to see my friend who was
suffering from heart issues over off Fawn Lane. The road becomes in
such disrepair that any additional rain exacerbates what's going on.
The county went out, spent $10,000 to fix that washout, and it
hasn't washed out since. It's been almost six, seven years. So with a
proactive step, based upon our emergency vehicular -- or emergency
first responders, we're going to be able to not let a wallah turn into a
washout.
COMMISSIONER TAYLOR: I didn't hear it was a washout. I
heard it was flooded.
COMMISSIONER McDANIEL: No. It was an actual washout.
That's what happens --
COMMISSIONER TAYLOR: Okay.
COMMISSIONER McDANIEL: -- is a lot of these private roads
become a dike or a levy --
COMMISSIONER TAYLOR: Sure.
COMMISSIONER McDANIEL: -- that don't allow for proper
transition of surficial water.
So this is -- and these are circumstances that prevail. So I think I
shared with you on Blue Sage that we recently spend $12,000 on to fix,
I spoke to Mr. Blackledge last year.
We have a county park, Nancy Payton bird sanctuary's up there,
county employees drive that road. It's a private road and the washout
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-- the holes were 18 to 24 inches deep and, as Lieutenant Martin said,
quite large. And we didn't fix it. It didn't get fixed. And then with the
excess of rains, it washed into the canal. I said crick last -- two weeks
ago when we were talking about it, but it washed off into the canal and
became totally impassible to the expense of $12,000. So that's --
COMMISSIONER TAYLOR: Well, again, I'd just like to
understand what the process is. Who identifies the roads?
COMMISSIONER McDANIEL: Well, the process is --
COMMISSIONER TAYLOR: When do they identify them? It's
no good to identify them in the emergency. It needs to be more
proactive. I just would like an understanding of it.
COMMISSIONER McDANIEL: This entire ordinance is set up
to do that by the Fire Department and the Sheriffs Department on a
proactive basis. And it's important. It's not for maintenance. We're
not taking people's property. There's no condemnation going on.
Those things all need to be said as well.
COMMISSIONER TAYLOR: Oh, no. I know that.
COMMISSIONER McDANIEL: Okay. Well, when you start
talking about ditches and culverts, that's when people get concerned.
COMMISSIONER FIALA: It will probably all be written out for
the September meeting anyway.
COMMISSIONER TAYLOR: Yes.
COMMISSIONER McDANIEL: I would imagine.
CHAIRMAN SOLIS: Yeah. Can I just make a suggestion that
maybe one of the things that needs to be included is some definition of
what it would be or what it would not be, the work that would be done.
It might --
COMMISSIONER TAYLOR: Yes.
CHAIRMAN SOLIS: It might be helpful because, I mean, I
think this example of Platt Road that the lieutenant gave -- yeah, I don't
know. It might be helpful to try to define what the work would be and
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the extent of the work. But, anyway, I think we've -- so there's a
motion and a second to continue this item to the second meeting in
September; is that the motion?
COMMISSIONER McDANIEL: Yes.
CHAIRMAN SOLIS: Okay. All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: It's continued.
COMMISSIONER McDANIEL: And thank you for your
indulgence.
MR. OCHS: Commissioner, it would be appropriate for the court
reporter break. We have a time -certain hearing at 10:40; reconvene at
that point, sir.
(A brief recess was had.)
MR. OCHS: Ladies and gentlemen, if you'd please take your
seats.
Items # 11 B — Heard with Agenda Item # 11 C with one vote taken for
both items
AN AGREED UPON INTERLOCAL AGREEMENT BETWEEN
THE COUNTY AND THE CITY OF MARCO ISLAND IN THE
EVENT OF APPROVAL OF THE MARCO ISLAND
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
(COPCN) APPLICATION OR CONSIDER ALTERNATIVES FOR
PROVIDING A SECOND AMBULANCE TO MARCO ISLAND —
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09/11/2018
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 (1.0) 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 to 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 some
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 (lst) 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 fiscal 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 (Ist) 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 staffs 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)
Packet Pg. 232
10.B.d
09/11/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 9.0
Doe 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 (1.0) 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
Public Services Department
Public Services Department
County Attorney's Office
Office of Management and Budget
Budget and Management Office
County Manager's Office
Board of County Commissioners
Joshua Hammond
Additional Reviewer
Todd Henry
Level 1 Division Reviewer
Steve Carnell
Level 2 Division Administrator Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Valerie Fleming
Level 3 OMB Gatekeeper Review
Mark Isackson
Additional Reviewer
Nick Casalanguida
Level 4 County Manager Review
MaryJo Brock
Meeting Pending
Completed 08/28/2018 12:08 PM
Completed 08/28/2018 2:08 PM
Completed 08/28/2018 2:51 PM
Completed 08/29/2018 11:47 AM
Completed 08/29/2018 2:42 PM
Completed 08/29/2018 2:52 PM
Completed 09/01/2018 8:43 AM
09/11/2018 9:00 AM
a
Packet Pg. 233
10.B.d
ORDINANCE NO.2018-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, CREATING THE UNPAVED PRIVATE
ROAD EMERGENCY REPAIR MUNICIPAL SERVICE TAXING UNIT;
PROVIDING FOR THE BOARD OF COUNTY COMMISSIONERS TO BE
THE UNIT'S GOVERNING BODY; PROVIDING FUNDING AND THE
LEVY OF NOT TO EXCEED ONE (1) MIL OF AD VALOREM TAXES PER
YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING
FOR AN OPT -OUT MECHANISM; PROVIDING FOR DUTIES OF THE
COUNTY MANAGER; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, many roads in the unincorporated portion of Collier County are unpaved,
private roads not maintained by the County, which may become impassable if not maintained; and
WHEREAS, it is imperative that all roads in the County are passable to emergency services
vehicles to protect the public health, safety, and welfare in certain emergencies, including fires,
hurricanes and floods; and
WHEREAS, there is currently no mechanism or funding source to pay for emergency repairs
when an emergency vehicle cannot access unpaved private roads deemed impassable; and
WHEREAS, the Board of County Commissioners has determined that the creation of a
municipal service taxing unit is the best method to provide funding to enable the County to make
emergency repairs to unpaved private roads deemed impassable upon the notification by the local
fire district or the Collier County Sheriff's Office.
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 Unpaved Private Road Emergency Repair
Municipal Service Taxing Unit, hereinafter referred to as the "MSTU." The property subject to the
MSTU shall be all properties adjacent to an unpaved, private road in unincorporated Collier County.
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10.B.d
SECTION THREE: Purpose and Governing Body.
The MSTU is created for the purpose of providing emergency repairs to unpaved, private
roads in Collier County where the County is notified by a local fire district or the Collier County
Sheriff's Office that such roads are impassable to emergency vehicles and such disrepair is a danger
to the health, safety, and welfare to the citizens of Collier County. The roads shall be repaired only
to the extent that they are made passable to emergency vehicles. Such repair does not designate
acceptance of maintenance beyond the purpose stated herein, nor does it designate an ownership
interest in the road by the County.
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 the following September 30. The estimate shall describe the
purpose for which the monies 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 one (1) mil per year.
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: Opting Out.
Upon application to the County Manager or his Designee, the property owners abutting an
unpaved road may opt out of the tax levied herein upon a finding by the County Manager that the
road is not likely to require maintenance within the next five fiscal years. In order 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 or 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, as
determined by the County Manager or his Designee, those previously opted -out homes shall become
subjected to the tax levied herein beginning the next fiscal year and continuing the following years.
SECTION SEVEN: Duties of the County Manager or Designee.
The duties of the County Manager or designee are as follows:
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1. To aid and assist the Board 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;
2. To prepare and recommend to the Board an itemized annual budget of the amount of
money required to carry out the business of the MSTU for the next fiscal year;
3. To provide periodic written reports to the Board of the activities of the MSTU and its
finances in accordance with established guidelines of the Board; and
4. To administer the opt -out provisions in Section Six herein.
SECTION EIGHT: 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 NINE: 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 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
ATTEST:
CRYSTAL K. KINZEL, Clerk
, Deputy Clerk
2018.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
IC
ANDY SOLIS, CHAIRMAN
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10.B.d
NOTICE OF INTENT TO_"`''�
CONSIDER ORDINANCE
Notice is hereby given that
of an organization or group is
if by
on Tuesda September
encouraged. recognized
the Chairman,
il, 2018, ►n t e Boardroom,
a spokesperson
Third Floor, Administration
for a group or organization
Building, Collier County
may be allotted 10 minutes to
Government Center, 3299
speak on an item.
Tamiami Trail East, Naples,
Florida, the Board of County
Persons wishing to have
Commissioners, will consider
written or graphic materials
the enactment of a County
included in the Board agenda
Ordinance. The meeting
packets must submit said
will commence at 9:00 A.M.
The title of the proposed
material a minimum of 3
weeks prior to the respective
Ordinance is as follows:
public hearing. In any case,
written materials intended to
AN ORDINANCE OF THE BOARD
be considered by the Board
OF COUNTY COMMISSIONERS
shall be submitted to the
OF COLLIER COUNTY, FLORIDA,
appropriate County staff a
CREATING .THE UNPAVED
minimum of seven days prior
PRIVATE ROAD EMERGENCY
to the public hearing. All
REPAIR MUNICIPAL SERVICE
material used in presentations
TAXING UNIT; PROVIDING
before the Board will become
FOR THE BOARD OF COUNTY
a permanent part of the
COMMISSIONERS TO BE THE
record.
UNIT'S GOVERNING BODY;
PROVIDING FUNDING AND THE
Any person who decides
LEVY OF NOT TO EXCEED ONE
to appeal a decision of the
(1) MIL OF AD VALOREM TAXES
Board will need a record of
PER YEAR; PROVIDING FOR
the proceedings pertaining
THE COLLECTION OF TAXES;
thereto and therefore, may
PROVIDING FOR AN OPT -OUT
need to ensure that a verbatim
MECHANISM; PROVIDING
record of the proceedings is
FOR DUTIES OF THE COUNTY
made, which record includes
MANAGER; PROVIDING FOR
the testimony and evidence
CONFLICT AND SEVERABILITY;
upon which the appeal is
PROVIDING FOR INCLUSION IN
based.
THE COLLIER COUNTY CODE
OF LAWS AND ORDINANCES;
If you are a person with a
AND PROVIDING FOR AN
disabil►ty who needs any
EFFECTIVE DATE.
accommodation in order to
participate in this proceeding,
A Copy of the proposed
you are entitled, at no cost to
Ordinance is on file with the
you, to the provision of certain
Clerk to the Board and is
assistance. Please contact
available for inspection. All
the Collier County Facilities
interested parties are invited
Management Department,
to attend and be heard.
located at 3335 Tamiami Trail
East, Suite #101, Building W,
NOTE: All persons wishing
to speak on any agenda
Naples, Florida 34112, (239)
252-8380. Assisted listening
item must register with
devices for the hearing
the County administrator
impaired are available in
Prior to presentation of the
the County Commissioners'
agenda item to be addressed.
Office.
Individual speakers will be
limited to 3 minutes on.any
BOARD OF COUNTY
item. The selection of an
COMMISSIONERS
individual to speak on behalf
COLLIER COUNTY, FLORIDA
ANDY SOLIS, CHAIRMAN
CRYSTAL K. KINZEL, CLERK
qR
By: Teresa Cannon, Deputy
Clerk (SEAL)
August 30, 2018 No.2103691
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Packet Pg. 237
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I also paid attention to my neighborhood in my district to the
south who talked about improvements to the intersection, which we
need to budget for. That wasn't addressed.
So I feel that -- I look forward to another discussion at another
day when we talk about exactly what we want and where we want it
before it comes to us in the project by project by project.
Thank you.
CHAIRMAN SOLIS: Very good. Thank you. And we are now
ready for a break for our court reporter who has been powering
through.
MR. OCHS: Ten minutes, sir?
CHAIRMAN SOLIS: Ten minutes. We'll come back at 11:15.
(A brief recess was had.)
MR. OCHS: Mr. Chairman, you have a live mic.
Item #9C
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 -
MOTION TO APPROVE — MOTION FAILED
MR. OCHS: We're on to Item 9C. This is a recommendation to
adopt an ordinance which would create the unpaved private road
emergency repair municipal service taxing unit by authorizing a levy
of not to exceed one mill of ad valorem taxes per year.
Ms. Arnold is available to present or respond to questions and, of
course, Commissioner McDaniel was the original author of this.
COMMISSIONER McDANIEL: And before we go there, I'm
Packet Pg. 238
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September 11, 2018
going to make an apology. I said something that potentially could
have been perceived as disrespectful. I meant no disrespect. I'm
having trouble getting used to my new light down here, having an
opportunity to speak, and if my comment earlier was received as
disrespectful, please forgive me.
COMMISSIONER TAYLOR: Apology accepted.
COMMISSIONER McDANIEL: Got it.
Now you may go, and I'll make a motion for approval of this with
one adjustment, if I may. I would like to cap it at .3 mills, not 1.
MS. ARNOLD: For the record, Michelle Arnold, Public Transit
and Neighborhood Enhancement Division director.
This item is being brought back to you because you -all asked us
to evaluate whether or not an MSTU or BU would be appropriate.
Staffs recommendation is to go with a taxing unit where there would
be one millage applied to all properties affected.
The recommendation, too, is also to consider a .5 cap on the
millage as opposed to the 1 mill. So if you want to consider that.
With that the estimated revenues of 293 million, a .5 cap would
be -- would generate approximately 146,000.
MR. KLATZKOW: And for clarity, the ordinance just sets the
cap. The Board --
MS. ARNOLD: Right.
MR. KLATZKOW: -- at its annual budizet would set the actual
millage rate, so...
COMMISSIONER McDANIEL: I understand that. I would like
to have it -- I would like to move for approval, and I would like that it
be capped at .3. I understand that we set this on an annual basis, and
the premise is staff s going to come back to us with the actual expenses
and the lot.
I just would like to offer assurance to the folks of that being the
cap. Again, the cap can be adjusted at a later date. We've all learned
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that which is created by your Board of County Commissioners can be
adjusted, so...
COMMISSIONER SAUNDERS: I'll second that.
MS. ARNOLD: The only difference, just a point of clarification,
is when you establish the cap for the actual ordinance for creating it,
you -- and then you modify it during the years, you don't have to come
back with an ordinance change. But if you're capping it at .3, you're
coming back with an ordinance change.
COMMISSIONER McDANIEL: And I'm quite comfortable with
that.
MS. ARNOLD: Okay. I just wanted to clarify.
COMMISSIONER McDANIEL: I appreciate that.
CHAIRMAN SOLIS: So there's a motion and a second.
Discussion?
COMMISSIONER FIALA: Yes. I have some questions. So this
says you're not going to pave the road, right? You're only --
MS. ARNOLD: No.
COMMISSIONER FIALA: -- going to fix the holes on the road,
right?
MS. ARNOLD: Correct.
CHAIRMAN SOLIS: I'm sorry.
COMMISSIONER FIALA: Oh, I'm sorry. Go ahead.
COMMISSIONER McDANIEL: No, no, no, please.
CHAIRMAN SOLIS: I'm trying to figure out --
COMMISSIONER McDANIEL: We're all trying to figure out
our new buttons up here.
COMMISSIONER FIALA: Mine works.
CHAIRMAN SOLIS: Yes.
COMMISSIONER FIALA: So say, for instance, the Fire
Department or Sheriffs Office doesn't report that there are big holes in
that road, they continue to pay all of this time without ever -- without
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ever getting the holes fixed or anything until somebody reports it, and
we don't know how much they're going to be paying. That's -- I hate to
refer to the stormwater, but without knowledge of how much we're
going to be putting, these people -- and a lot of these places that don't
have roads right now are not in very well-to-do neighborhoods. In
fact, I don't know of much of any, and they would still be required to
be paying into this thing for not having a road, just getting their holes
filled. Somehow I feel very uncomfortable with that.
MS. ARNOLD: The intent is to -- after this first year, to evaluate
it and determine -- you know, look at the amount of revenues that have
been collected as opposed -- for the proposed MSTU, and if there isn't
a need, there has been no issues, no Fire Department, no, you know,
emergency folks coming out to say that there is a problem, then the
millage can be, for a given year, set at zero.
So it's not something that we're continually charging property
owners for if there is no need for it.
COMMISSIONER FIALA: But you start to collect it anyway?
MS. ARNOLD: Yes.
COMMISSIONER FIALA: Even though you haven't evaluated
whether there's a need for it or not?
MS. ARNOLD: Well, there are roads out there currently that
have problems.
COMMISSIONER FIALA: Oh, I know. I've got some in my
area, you know, and one of them, which then the Fire Department has
gone out and figured. But they've contacted the owner of that whole
area, and the owner has fixed it. The people never have had to pay into
it.
Wonder if -- just as there was a penalty for that last subject,
wonder if the people can't afford to pay for it, and we're taxing them
for it, then what happens? It doesn't say anything about that in here.
MR. ARNOLD: Well, if they aren't able to pay their taxes,
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they're not paying their taxes.
COMMISSIONER FIALA: No. I'm not saying paying their
taxes. I'm saying pay for this extra tax, MSTU.
CHAIRMAN SOLIS: It will be on the Tax Collector's tax bill,
and the collection process is what it is.
MS. ARNOLD: Right.
COMMISSIONER McDANIEL: Correct.
COMMISSIONER FIALA: And so -- and then, in other words,
they could take the house because they didn't pay this MSTU?
MS. ARNOLD: No.
MR. KLATZKOW: Yes.
CHAIRMAN SOLIS: Yes.
COMMISSIONER McDANIEL: Yes. Eventually.
MR. KLATZKOW: Yes, it's a possibility.
COMMISSIONER McDANIEL: Can I say something, Mr.
Chair?
CHAIRMAN SOLIS: Sure.
COMMISSIONER McDANIEL: You understand there's a
process that goes along with this. If you cannot afford to pay your
taxes, the county tax collector gathers up those unpaid tax bills, creates
a cert and sells those bulk to investors.
COMMISSIONER FIALA: Right.
COMMISSIONER McDANIEL: And then you can't afford to
pay the second year, the same thing happens. You can't afford to pay
the third year, the same happens, and then the recipient of the first year
has that right to call for a tax deed and force the sale of the property to
be repaid the taxes that they have.
It necessarily can be longer, but it's a three- to four-year process,
and that's the system that is in place that we've -- that has been, in fact,
being utilized.
COMMISSIONER FIALA: I understand that.
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September 11, 2018
COMMISSIONER McDANIEL: It's just not drop the hammer
because of --
COMMISSIONER FIALA: Because of a new tax that we feel we
need to put in place, right?
COMMISSIONER McDANIEL: That's correct.
COMMISSIONER FIALA: And they might not use? Well, that's
just what she said. The first year, even though they're going to start
collecting it, they don't know that they really need it. They're going to
-- after a year, they're going to evaluate, right?
COMMISSIONER McDANIEL: And, Commissioner Fiala --
COMMISSIONER FIALA: Yes.
COMMISSIONER McDANIEL: -- this is a known fact. You've
served as our county commissioner, one of them, for coming on 20
years by the end of this term. You know this circumstance exists. We
have immeasurable health, safety, and welfare issues for residents, one
of which is sitting right over there who we have access issues getting
to emergency services to protect the health, safety, and welfare of our
residents.
We have over 105 miles of these roads within our community. It
is, per our ordinances and our laws, the obligation of the property
owners that live and/or own property on these roads to maintain them.
The inequity that has, in fact, transpired over these years is only a few
of us pay.
COMMISSIONER FIALA: What I'm trying to say is, if you've
got a road that's so bad -- and you've spoken to us before, so we
remembered how bad it was, and I think we've even seen pictures, fine,
so you could apply -- there's the difference. This is what I was trying to
say -- apply to have an MSTU put on your road.
COMMISSIONER McDANIEL: Correct.
COMMISSIONER FIALA: And that would be a great thing
because, you know, for the most part, maybe not 50 percent, but most
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of the people would agree with doing that and paying into this MSTU,
but for a place that's never had a problem and doesn't expect to have a
problem, not as many are bad -- as bad as that, couldn't they apply
instead of just blanketly --
COMMISSIONER McDANIEL: Well -- and just for your -- and
you know I'm the president of the Corkscrew Island Neighborhood
Association. In excess of 50 of these hundred -plus miles exist right
there in my neighborhood. We provided for an exemption process for
those who wish to care for their --
COMMISSIONER FIALA: Yeah, but did you read it?
COMMISSIONER McDANIEL: Yes, I did. And so we
provided for an exemption process for those that have a maintenance
program on their -- on their road to provide for that capacity to be
exempted from this exposure.
COMMISSIONER FIALA: I won't say any more. I have a vote.
That's a good thing.
COMMISSIONER McDANIEL: Yes, you do.
CHAIRMAN SOLIS: Ms. Taylor; Commissioner Taylor.
COMMISSIONER TAYLOR: Are we sure that we know the
ownership of all of the abutting properties along these roads; is it
clear?
MS. ARNOLD: Yes, we do.
COMMISSIONER TAYLOR: Okay.
MS. ARNOLD: That's a part of what staff did between your last
meeting and now.
COMMISSIONER TAYLOR: Okay. So there's no ambiguity?
MS. ARNOLD: (Shakes head.)
COMMISSIONER TAYLOR: Okay. And I think I understand,
Commissioner Fiala, your concern, because, you know, why should I
pay for a road that -- my road is perfect in front of my house. Why
should I pay for it somewhere else?
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COMMISSIONER FIALA: No, it's not somewhere else. I'm just
even thinking of their own road. You know, if their own road is not
paved -- well, you know, we have a number of them here in this area.
COMMISSIONER TAYLOR: Yes.
COMMISSIONER FIALA: And it's not -- but they don't have
any problems with it.
COMMISSIONER TAYLOR: Right.
COMMISSIONER FIALA: Right? Why should they have to
pay into an MSTU? That's what I'm saying.
COMMISSIONER TAYLOR: I'm interested -- then I would ask
you, sir. You've initiated this.
COMMISSIONER McDANIEL: Well, the rationale is, again, for
those of us that access our properties on a private road. I live at the
end of a mile -long private road. I also own a rock company, and I also
own my own motor grader, so I have an okay road. But for my tenure
there, all of the property owners that receive the benefit of my keeping
my road up, because it's my driveway, don't pay in, don't give -- don't
contribute to the maintenance or the rock or the diesel fuel or my time
while I'm up there jamming on the levers to grade my own road.
And this inequity occurs all over our county. And so we have
vacant property owners that receive the value of others' input. My
neighborhood association three years ago went for a process to do
something just in the sanctuary area, and the folks -- Pastor John
Hanson and his group went out, raised a whole bunch of money, and
people went to the cause, and then, again, only a few put in and many
took advantage of the other people's niceties.
This is a way, with a, relatively speaking, low impact to secure
revenue from everybody that lives on these roads, has property on
these roads, number one. Number two, we already have an MSTU in
the Rock Road area. Our staff has shown that through continued
maintenance, through continued upgrades, the cost to keep those roads
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September 11, 2018
traversable for emergency services averages less than $2,000 a mile.
Under the current program that we have and have had forever, we are
in excess of $10,000 a mile because we have to declare a state of
emergency, go in, expend a bunch of money, and then tax -- force
those people that are accessing their properties to do that. So there's
multiple rationales for this to come about, so, there.
CHAIRMAN SOLIS: Anything else?
COMMISSIONER TAYLOR: Nope.
CHAIRMAN SOLIS: And your name is on here, but I think
you've said what you wanted to say.
COMMISSIONER McDANIEL: I have.
CHAIRMAN SOLIS: Okay. I'm just going to say what I said
before. Especially in light of the lesson we learned with the
stormwater utility, I just -- I can't support it. And I understand the
concern, but right now we have a system for going in and, if there's a
public safety issue, repairing a road that needs to be repaired.
We're going to be taxing, raising private -- we're going to be
taxing people to have a fund to improve privately owned roads which I
just -- I have a fundamental issue with. And I think if there's anything
that I learned from the stormwater issue is that there are certainly
people that are going to be impacted by this that have chosen to live on
private roads because they didn't want to live on a public road, so --
and I understand the concerns, but I just -- I can't support it.
COMMISSIONER TAYLOR: May I ask a question? What does
it take to change a private road to public?
COMMISSIONER McDANIEL: Oh.
MR. KLATZKOW: Typically, what the county would request is
that everybody on that road be willing to deed the county the
right-of-way, because you have to have the whole road. You can't just
have pieces that are missing.
COMMISSIONER TAYLOR: Is it a majority?
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MR. KLATZKOW: No, no, no, it's everybody.
CHAIRMAN SOLIS: Each person.
MR. KLATZKOW: It's everybody, which makes it very, very
difficult.
CHAIRMAN SOLIS: And I think -- also I think the unintended
consequence of this, that I could foresee, is that it will disincentivize
people that would have otherwise maintained the road themselves. I
mean, if I'm going to be paying into an MSTU, why would I ever -- I
would just -- I'm just going to wait for the county to do it, and that's -- I
can just see that happening.
So I've said what I -- I don't want to debate it with you, because I
don't think I'm going to change my mind, but --
COMMISSIONER McDANIEL: Okay.
CHAIRMAN SOLIS: And I understand the issues.
COMMISSIONER McDANIEL: You couldn't be more incorrect.
CHAIRMAN SOLIS: Well --
COMMISSIONER McDANIEL: Just so you know, you couldn't
be more incorrect with regard to that. I mean --
CHAIRMAN SOLIS: So could you.
COMMISSIONER McDANIEL: I have --
CHAIRMAN SOLIS: I understand.
COMMISSIONER McDANIEL: -- lived in these neighborhoods
and work with these people, and your perceptions are incorrect.
CHAIRMAN SOLIS: Well, I know people that live on these
roads as well, and some of them don't want to be taxed to maintain the
road. And I don't think that's incorrect that some people might
disagree with paying taxes to maintain a private road.
So having said that, any other comments? Discussion?
Commissioner -- I'm sorry. Commissioner Saunders.
COMMISSIONER SAUNDERS: Just a quick comment. This is
Commissioner McDaniel's district. He lives there and understands the
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needs, and I'm going to support the motion. I do have concerns about
levying taxes as well, but --
COMMISSIONER McDANIEL: We all do.
COMMISSIONER SAUNDERS: -- I'm going to follow the lead
of the commissioner that has personal knowledge of what's needed out
there.
CHAIRMAN SOLIS: That's it?
Okay. Next is Commissioner Fiala.
COMMISSIONER FIALA: Yes. Michelle?
MS. ARNOLD: Yes.
COMMISSIONER FIALA: Can, say, a development or a road or
whatever opt in to do this and just say, you know, I care about my
road. If they don't care about it on the next road, that's fine, but we
want to pay into an MSTU so that whenever it happens, we've already
got it going. Can that happen? I mean, this way, then, you can take
people that really want to be taxed for it, and you've got them in line
rather than somebody that doesn't have a problem and doesn't think
they'll ever have a problem and they would probably fight it. So is
there a way to do that?
MS. ARNOLD: The way the ordinance is written is to include all
private roads.
COMMISSIONER FIALA: I know. I've read it. Oh, I'm sorry.
Go ahead. Say it anyway.
MS. ARNOLD: All private roads that are unpaved, and if
someone has a maintenance plan and wants to opt out, they can do that
So we would be taxing all those that are affected, you know, that fall
under that criteria.
COMMISSIONER FIALA: Okay.
CHAIRMAN SOLIS: Any other discussion?
(No response.)
CHAIRMAN SOLIS: There's a motion by Commissioner
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10.B.e
September 11, 2018
Saunders and a second, I believe, by Commissioner McDaniel.
COMMISSIONER SAUNDERS: I think Commissioner
McDaniel made the motion.
CHAIRMAN SOLIS: Other way around?
COMMISSIONER McDANIEL: Six of one.
CHAIRMAN SOLIS: Okay. My bad. Motion by Commissioner
McDaniel, second by Commissioner Saunders. All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
COMMISSIONER FIALA: Aye.
COMMISSIONER TAYLOR: Opposed.
CHAIRMAN SOLIS: Motion, I believe, fails 3-2.
Item #9D
RESOLUTION 2018-154: THE ANNUAL ASSESSMENT
RESOLUTION (1) UPDATING THE CAPITAL COST AND
ASSESSMENTS, AND (2) ADOPTING THE NON -AD VALOREM
ASSESSMENT ROLL FOR THE CASSENA ROAD POTABLE
WATER MUNICIPAL SERVICES BENEFIT UNIT (MSBU)
WHICH WILL PROVIDE FOR CONNECTIONS TO THE
COUNTY' S POTABLE WATER SERVICE TO THE AFFECTED
PROPERTIES — ADOPTED
MR. OCHS: Mr. Chairman, that takes us to Item 9D, which was
previously Item 17G on your summary agenda. This is a
recommendation to adopt the annual assessment resolution updating
the capital cost and assessments and adopting non -ad valorem
assessment roll for Cassena Road potable water municipal service
benefit unit which will provide for connections to the county's potable
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