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Agenda 06/27/2023 Item # 9C (Ordinance - Creating the unpaved private road emergency repair MSTU)9.0 06/27/2023 EXECUTIVE SUMMARY Recommendation that the Board adopts an Ordinance creating 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, then was continued to September 11, 2018, where it failed by a 3-2 vote. The Board voted on January 10, 2023 under Item 10B to advertise the Ordinance for public hearing in order to consider it once again. FISCAL IMPACT: The Ordinance has been advertised three times, for a total cost of $1,757.00. 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, the taxes would raise approximately $372,900 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. If the Unpaved Road Program is approved the level of effort necessary to implement the program will be evaluated and staff will report back to the Board if additional staff or other resources will be required. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Packet Pg. 166 9.0 06/27/2023 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 ordinance, and the County Attorney believes that pushing the envelope in this matter would be appropriate. This item 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. Ordinance - Private Road Emergency Repair MSTU (rev2) - JAK signed (PDF) 2. Numbered Ordinance - Unpaved Private Road MSTU (rev2) (PDF) 3. Agenda 06_26_2018 Item #9A (PDF) 4. excerpt - Minutes 06_26_2018 item #9A(PDF) 5. Agenda 09_1 1_2018 Item # 9C (PDF) 6. excerpt - Minutes 09_11_2018 item #9C(PDF) 7. legal ad - Private Road Emergency Repair MSTU Ord. (PDF) 8. legal ad - Private Road Emergency Repair MSTU 3-28-23 BCC (PDF) 9. legal ad - Private Road Emergency Repair MSTU 6-27-23 BCC (PDF) 10. Unpaved Private Road MSTU (DOCX) Packet Pg. 167 9.0 06/27/2023 COLLIER COUNTY Board of County Commissioners Item Number: 9.0 Doe ID: 25883 Item Summary: Recommendation that the Board adopts an Ordinance creating 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. (This item was continued from the February 28, 2023, and March 28, 2023, Board of County Commissioners meetings) Meeting Date: 06/27/2023 Prepared by: Title: Management Analyst II — County Manager's Office Name: Geoffrey Willig 06/20/2023 9:47 AM Submitted by: Title: Commissioner District 5 — Board of County Commissioners Name: Bill McDaniel 06/20/2023 9:47 AM Approved By: Review: Office of Management and Budget County Attorney's Office Office of Management and Budget County Manager's Office Board of County Commissioners Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Blanca Aquino Luque Additional Reviewer Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 06/20/2023 9:49 AM Completed 06/20/2023 10:14 AM Completed 06/20/2023 3:05 PM Completed 06/21/2023 4:01 PM 06/27/2023 9:00 AM Packet Pg. 168 9.C.a ORDINANCE NO.23 — 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 AN OPT OUT OPTION; 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 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 Private Road Emergency Repair Municipal Service Taxing Unit, hereinafter referred to as the "MSTU." The property subject to the MSTU shall be all properties abutting or adjacent to an unpaved, private road in unincorporated Collier County. [23-BCC-00998n 772573/1 ] Page 1 of 4 Packet Pg. 169 9.C.a SECTION THREE: Purpose and Governing Body. The MSTU is created from the purpose of providing emergency repairs to unpaved, private roads in Collier County where the County is notified by the local fire districts 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 designee, the property owner(s) abutting or adjacent to 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(s) 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 [23-ecc-00998/1772573/1] Page 2 of Packet Pg. 170 9.C.a in the future the road become impassable to emergency vehicles and emergency maintenance is required by the County, as determined by the County Manager or designee, those previously opted - out properties shall become subject 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: 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. [23-BCC-00998/1772573/11 Page 3 of 4 Packet Pg. 171 9.C.a PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2023. ATTEST: CRYSTAL K. KINZEL, Clerk , Deputy Clerk n Jeffrey A. [23-BCC-00998/1772573/1 ] ity: , County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 1.2 Rick LoCastro, Chairman Page 4 of 4 Packet Pg. 172 9.C.b 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 AN OPT OUT OPTION; PROVIDING FOR DUTIES OF THE COUNTY 10 MANAGER; PROVIDING FOR CONFLICT AND SEVERABILITY; 11 PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF 12 LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE 13 DATE. 14 WHEREAS, many roads in the unincorporated portion of Collier County are unpaved, 15 private roads not maintained by the County, which may become impassable if not maintained; and 16 WHEREAS, it is imperative that all roads in the County are passable to emergency services 17 vehicles to protect the public health, safety, and welfare in certain emergencies, including fires, 18 hurricanes and floods; and 19 WHEREAS, there is currently no mechanism or funding source to pay for emergency 20 repairs when an emergency vehicle cannot access private roads deemed impassable; 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 of 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 abutting or adjacent to an unpaved, private road in unincorporated Collier 34 County. [23-BCC-00998/1772573/1] Page 1 of 4 Packet Pg. 173 9.C.b 35 36 SECTION THREE: Purpose and Governing Body. 37 The MSTU is created from the purpose of providing emergency repairs to unpaved, private 38 roads in Collier County where the County is notified by the local fire districts or the Collier County 39 Sheriff's Office that such roads are impassable to emergency vehicles and such disrepair is a 40 danger to the health, safety, and welfare to the citizens of Collier County. The roads shall be 41 repaired only to the extent that they are made passable to emergency vehicles. Such repair does 42 not designate acceptance of maintenance beyond the purpose stated herein, nor does it designate 43 an ownership interest in the road by the County. 44 The governing body of the MSTU shall be the Board of County Commissioners of Collier 45 County, Florida. M. 47 SECTION FOUR: Funding and Levy of Taxes. 48 For the purpose of implementing this Ordinance, the Board of County Commissioners shall 49 annually, at the time required by general budgetary law, make an itemized estimate of the amount 50 of money required to carry out the business of the MSTU for the next fiscal year, which shall be 51 from October 1 to and including the following September 30. The estimate shall describe the 52 purpose for which the monies are required and the amount necessary to be raised by taxation within 53 the MSTU. At the time and place for fixing the annual rate of taxation for County purposes, the 54 Board of County Commissioners shall fix and cause to be levied on all properties within the 55 MSTU, subject to taxation, a millage rate not to exceed one (1) mil per year. 56 57 SECTION FIVE: Tax Assessment and Collection. 58 Taxes herein provided for shall be assessed and collected in the same manner and form as 59 provided for the assessment and collection of general County taxes and subject to the same fees 60 for assessing and collecting as general County taxes. 61 62 SECTION SIX: Opting out. 63 Upon application to the County Manager or designee, the property owner(s) abutting or 64 adjacent to an unpaved road may opt out of the tax levied herein upon a finding by the County 65 Manager that the road is not likely to require maintenance within the next five fiscal years. In 66 order to opt out, the property owner(s) must show that the road is passable and that there is a 67 sustainable maintenance plan in place by the property owner or owners on that road. If at a point [23-BCC-00998/1772573/1] Page 2 of 4 Packet Pg. 174 9.C.b 68 in the future the road become impassable to emergency vehicles and emergency maintenance is 69 required by the County, as determined by the County Manager or designee, those previously opted- 70 out properties shall become subject to the tax levied herein beginning the next fiscal year and 71 continuing the following years. 72 73 SECTION SEVEN: Duties of the County Manager or Designee. 74 The duties of the County Manager or designee are as follows: 75 1. To aid and assist the Board in carrying out the purposes of the MSTU in accordance 76 with established practices and policies of the Board of County Commissioners and as 77 set forth in this Ordinance; 78 2. To prepare and recommaid to the Board an itemized annual budget of the amount of 79 money required to carry out the business of the MSTU for the next fiscal year; 80 3. To provide periodic written reports to the Board of the activities of the MSTU and its 81 finances in accordance with established guidelines of the Board; and 82 4. To administer the opt -out provisions in Section Six herein. 83 84 SECTION EIGHT: Conflict and Severability. 85 In the event this Ordinance conflicts with any other Ordinance of Collier County or other 86 applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any 87 phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a 88 separate, distinct and independent provision and such holding shall not affect the validity of the 89 remaining portion. 91 SECTION NINE: Inclusion in the Code of Laws and Ordinances. 92 The provisions of this Ordinance shall become and be made a part of the Code of Laws and 93 Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- 94 lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or 95 any other appropriate word. 97 SECTION TEN: Effective Date. 98 This Ordinance shall be effective upon filing with the Florida Department of State. [23-BCC-00998/1772573/1 ] Page 3 of 4 Packet Pg. 175 9.C.b 100 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier 101 County, Florida, this day of , 2023. 102 103 ATTEST: 104 CRYSTAL K. KINZEL, Clerk 105 106 107 By: 108 , Deputy Clerk 109 110 111 112 Approved as to form and legality: 113 114 115 Jeffrey A. Klatzkow, County Attorney [23-BCC-00998/1772573/1 ] BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Rick LoCastro, Chairman Page 4 of 4 Packet Pg. 176 9.C.c 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. Packet Pg. 177 9.C.c 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. 178 9.C.c 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 Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/13/2018 11:24 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/14/2018 8:35 AM Office of Management and Budget Allison Kearns Additional Reviewer Completed 06/15/2018 10:41 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/15/2018 3:50 PM Board of County Commissioners MaryJo Brock Meeting Pending 06/26/2018 9:00 AM a E 00 0 N to I N W I 0 ca c a� a� a E a a Packet Pg. 179 9.C.c 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. Page 1 of 3 Packet Pg. 180 9.C.c 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: Page 2 of 3 Packet Pg. 181 9.C.c 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 , 2018. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA , Deputy Clerk Andy Solis, Chairman Appr vAtJ[orm and legality: Jeffrey 'K*tzkow, County Attorney Page 3 of 3 Packet Pg. 182 9.C.c 18D 9 FRIDAY, JUNE 15, 2018 i NAPLES DAILY NEWS 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 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 M 0 0 in N Q 0 E d 0 C N 01 N 01 0 c d s� Q r d Q Packet Pg. 183 9.C.d June 26, 2018 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 Packet Pg. 184 9.C.d June 26, 2018 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 Page 29 Packet Pg. 185 9.C.d June 26, 2018 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. Page 30 Packet Pg. 186 9.C.d June 26, 2018 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... Page 31 Packet Pg. 187 9.C.d June 26, 2018 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 Page 32 Packet Pg. 188 9.C.d June 26, 2018 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 Page 33 Packet Pg. 189 9.C.d June 26, 2018 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. Page 34 Packet Pg. 190 9.C.d June 26, 2018 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, Page 35 Packet Pg. 191 9.C.d June 26, 2018 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 Page 36 Packet Pg. 192 9.C.d June 26, 2018 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 Page 37 Packet Pg. 193 9.C.d June 26, 2018 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. Packet Pg. 194 9.C.d June 26, 2018 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. Page 39 Packet Pg. 195 9.C.d June 26, 2018 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. Packet Pg. 196 9.C.d June 26, 2018 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. Page 41 Packet Pg. 197 9.C.d June 26, 2018 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 Page 42 Packet Pg. 198 9.C.d June 26, 2018 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 Page 43 Packet Pg. 199 9.C.d June 26, 2018 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 Packet Pg. 200 9.C.d June 26, 2018 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 Packet Pg. 201 9.C.d June 26, 2018 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? Packet Pg. 202 9.C.d 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. Page 47 Packet Pg. 203 9.C.d June 26, 2018 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 Packet Pg. 204 9.C.d June 26, 2018 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 Packet Pg. 205 9.C.d June 26, 2018 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 Page 50 Packet Pg. 206 9.C.d June 26, 2018 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. Page 51 Packet Pg. 207 9.C.d June 26, 2018 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 Page 52 Packet Pg. 208 9.C.d June 26, 2018 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 Page 53 Packet Pg. 209 9.C.d June 26, 2018 -- 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 Page 54 Packet Pg. 210 9.C.d June 26, 2018 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 — Page 55 Packet Pg. 211 9.C.e 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. Packet Pg. 212 9.C.e 09/11/2018 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. 213 9.C.e 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 U R Completed 08/28/2018 2:08 PM L Completed 08/28/2018 2:51 PM 0 M Completed 08/29/2018 11:47 AM 00 Completed 08/29/2018 2:42 PM N U Completed 08/29/2018 2:52 PM Completed 09/01/2018 8:43 AM y r 09/11/2018 9:00 AM 00 0 N r 6D 0 f� C d Q C N E t V fC Q Packet Pg. 214 9.C.e 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. Pagel of 3 Packet Pg. 215 9.C.e 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: Page 2 of 3 Packet Pg. 216 9.C.e 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 , 2018. ATTEST: CRYSTAL K. KINZEL, Clerk , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA IC ANDY SOLIS, CHAIRMAN Page 3 of 3 Packet Pg. 217 9.C.e 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 disability 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 M 00 00 LO U rn E W 00 0 NI r �I CD 0 M c m Q c a� E t U 2 Q Packet Pg. 218 9.C.f September 11, 2018 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. 219 9.C.f 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 Page 70 Packet Pg. 220 9.C.f September 11, 2018 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 Page 71 Packet Pg. 221 9.C.f September 11, 2018 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, Page 72 Packet Pg. 222 9.C.f September 11, 2018 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. Page 73 Packet Pg. 223 9.C.f 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 Page 74 Packet Pg. 224 9.C.f September 11, 2018 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? Page 75 Packet Pg. 225 9.C.f September 11, 2018 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 Page 76 Packet Pg. 226 9.C.f 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? Page 77 Packet Pg. 227 9.C.f September 11, 2018 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 Packet Pg. 228 9.C.f September 11, 2018 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 Page 79 Packet Pg. 229 9.C.f 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 Packet Pg. 230 9.C.g Public Notices I NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) on Febru- ary 28, 2023, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL, to consider the enactment of a County Or- dinance. The meeting will commence at 900 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CREATING THE PRIVATE ROAD EMERGENCY REPAIR MUNICIPAL SERVICE TAXING UNIT, PROVID- ING 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 DUTIES OF THE COUNTY MANAGER; PROVIDING FOR COW FLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PRO- VIDING FOR AN EFFECTIVE DATE. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda with 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 or- ganization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in pre- sentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involve- ment, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceed- ing. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/visitors/caIendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any dead- line specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Re- mote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For addi- tional information about the meeting, pplease call Geoffrey Willig at 252-8369 or email to Geoff rey.Willig@colliercountyfl.g ov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommoda- tion in order to participate in this proceeding, you are entitled, at no cost to you, to the provision. of certain assistance. Please contact the Collier County Facilities Management Division, locat- ed at 3335 Tamiami Trail East, Suite 101,Naples -FL 34112-5356, (239) 252-8380, at least two days prior to the meeting Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA RICK LoCASTRO, CHAIRMAN CRYSTAL K. KINZEL, CLERK By: Merline Forgue, Deputy Clerk (SEAL) Pub: Feb. 13, 2023 #5591958 a Lel M co co uO L O H U) C0 CL d C O �1 a� E W O d R d Q Packet Pg. 231 9LiOo 9.C.h NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) commenc- ing at 9:00 A.M. on March 28, 2023, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,, CREATING THE PRIVATE ROAD EMERGENCY REPAIR MUNICIPAL SERVICE TAXING UNIT; PROVID- ING 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 AN OPT OUT OPTION; PROVIDING FOR DUTIES OF THE COUNTY MANAGER; PROVIDING FOR CONFLICT AND SEVERABILITY; PRO- VIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to three (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 ten (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 three (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 (7) days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involve- ment, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceed- ing. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.govlour-countylvisitorstcalendar- of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Indi- viduals who register will receive an email in advance of the pub- lic hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical is- sues. For additional information about the meeting, please call Geoffreyy Willig at 252-8369 or email to Geoffrey.Willig@collier countyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommoda- tion in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, locat- ed at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two (2) days prior to the meeting. Assist- ed listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA RICK LOCASTRO, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT & COMPTROLLER By: Merline Forgue, Deputy Clerk (SEAL) Pub Date: Mar. 8, 2023 #5608347 Z a 9 r- m a Z m n 0 3 m a Z m u} D D 0 S u M 00 Co LO U U m M N 00 N I— sZ O c� C a1 d W R O O �L d Packet Pg. 232 9.C.i 10D I THURSDAY, JUNE 15, 2023 1 NAPLES DAILY NEWS Public Notices Public Notices NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners commencing at 9.00 a.m. on June 27, 2013, in the Board of County Commission- ers Meeting Room, Third Floor, Collier Government Center, 3299 Tamiirmi Trail East, Naples; FL, to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CREATING THE PRIVATE ROAD EMERGENCY REPAIR MUNICIPAL SERVICE TAXING UNIT; PROVID- ING FOR THE BOARD OF CO(JNTY COMMISSIONERS TO BE THE. UNIT'S GOVERNING BODY; PROVIDING FUNDING AND THE LEVY OF NOT TO EXCEED- ONE (1) MIL OF _AD ,)(ALOREM; TAXES PER MANAGER; PROVIDING FOR CONFLICT AND SEVERABILITY; PRO- VIDING FOR INCLUSION IN THE COLLIER COUNTY CODE. OF LAWS"AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE: A copy of the proposed Ordinance is. on file with the Clerk to the Board and is available for inspection..All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager ,prior to presentatiorl of the agenda item to be addressed. Individual speakers will be limited to 3 mi- nutes on any item. The selection of an individual to speak on behalfof 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. Written mate- rials intended to be considered by the Board shall be submitted to the. appropriate County staff a minimum of 7 days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. ' As part of an ongoing initiative to encourage public involve- ment, the public will have the opportunityto provide public comments >remotely, as well as in person, during this proceed- ing. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.co[Uercountyfl.gov/our-countytvisitors/calendar- of-events after the agenda is posted on the. County website. Registration should be done in advance of the public meeting or any deadline specified. within the public meeting notice. Indi- viduals who register will receive an email in advance of the pub- lic hearing,.detaliing how they can partict ate. remotely in this meeting. Remote participation is provided as a courtesy and is 'tee t the user's risk. The County is not responsible for technical is- sues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@collierc ountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining: thereto -abd therefore, may need to ensure that a verbatim record of the proceedings is made, which record -includes the testimony and evidence upon which the,appeal is based. If you are a person with a disability who needs any accommoda- tion in order to participate'in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, locat- ed at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 5356; (239) 252-8380, at least two days prior 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 RICK LOCASTRO, CHAIRMAN CRYSTAL K. KINZEL, CLERK By: Merline Far ue, Deputy Clerk (SEAL) Pub Date: June 15, 20Z3 #5735394 Packet Pg. 233 9.C.j COr�r Count y Transportation Management Services Department Advisory Committee Make Up One Representative from the following organizations: • Collier County Emergency Medical Services (EMS) • North Collier Fire Control & Rescue District • Greater Naples Fire Rescue District • Immokalee Fire Control District • Collier County Sheriff's Office Annual Budget Development Annually the advisory committee members will submit a list of roads that are impassable to emergency vehicles and such disrepair is a danger to the health, safety, and welfare to the citizens of Collier County, to the MSTU project manager. The MSTU project manager compiles the list of roadways for ranking by the Advisory Committee. The MSTU project manager will develop an itemized budget for the top ranked roadways based on the anticipated revenues generated by the MSTU. Data Management Actual expenditures per roadway segment will be documented in a manner like what is utilized for County maintained roadways, currently Cartegraph software. Unpaved Private Road MSTU Opt -out Policy Upon application to the Advisory Committee, an individual property owner abutting or adjacent to an unpaved private road may opt out of the tax levied herein upon a determination by the Advisory Committee that their section of the road is not likely to require maintenance within the next five (5) fiscal years. To opt out, the individual property owner will submit an application to the Advisory Committee demonstrating: • road is passible (not just their individual property boundary). • There is a sustainable maintenance plan in place for the next five (5) fiscal years. • a signed statement by the property owner agreeing to maintain the road and remove any obstructions that would impact emergency services. The Advisory Committee will determine, based on the information provided by the property owner, that the road is not likely to require maintenance for the next five (5) fiscal years. The Advisory Committee would then approve the opt -out application. The property owner would need to reapply in the final year of the approved opt -out to remain on the opt -out list. 2885 Horseshoe Drive South • Naples, Florida 34104 • 239-252-8192 - www.colliercountyfl.gov Packet Pg. 234 9.C.j If it is found that the road becomes impassable to emergency vehicles and emergency maintenance is required by the County, those previously opted -out property owners shall become subjected to the tax levied herein beginning the next fiscal year and continuing the following years. Application Fields - Name, Address (Mailing & property address, if different), Phone & Email Address of the property owner - Date of request - Maintenance plan detail (or attachment) - Attach signed statement by the property owner agreeing to maintenance plan provided. Packet Pg. 235