Agenda 11/14/2023 Item #16B 1 (County Attorney to advertise an Ordinance creating the unpaved private road emerggency repair municipal service taxing unit)11/14/2023
EXECUTIVE SUMMARY
Recommendation to direct the County Attorney to advertise, and bring back for a public hearing, an
Ordinance which would create the unpaved private road emergency repair municipal service taxing unit by
authorizing a levy of not to exceed one (1.0000) 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: Certain roads in the Unincorporated Area of Collier County are unpaved, private roads not
maintained by the County considered impassable for emergency vehicles. It is imperative that all roads in the
County are passable to emergency service vehicles to protect the public health, safety, and welfare.
Currently, there is no dedicated funding source for repairs when emergency vehicles cannot safety negotiate private
roads. The creation of a municipal service taxing unit is an effective means of providing dedicated funding for
emergency repairs to private roads.
The proposed Ordinance seeks to strike a balance with the Board’s obligations to safeguard the health and safety
of the citizens of Collier County, with its duty to respect private property rights, and the prohibition of public
expenditures for a private purpose. If a private road is deemed impassable by the local fire district, Collier
County Sheriff’s Office, or the County, the road becomes eligible for emergency repairs. With the establishment of
a Municipal Service Taxing Unit (MSTU) as a funding source, the cost of repairing the private roads will
ultimately be borne by the residents serviced by private roads.
There are approximately 25 roads that contain approximately 13.694 miles of unpaved private road considered
impassable for emergency vehicles. The taxable value of the 625 properties benefiting from these roads is estimated
to be $61,452,001.
This Ordinance was originally brought to the Board on June 26, 2018, where it failed by a 3 -2 vote. A copy of the
Executive Summary and transcript of the hearing is included as back-up.
FISCAL IMPACT: If approved, this MSTU Ordinance will set in motion a series of fiscal steps including: (1)
creation of the unpaved private road Municipal Service Taxing Unit (MSTU) Fund and specific cost center; and (2)
a mechanism to establish the budget based upon certified taxable value and applied millage rate not to exceed
1.0000 mil per year.
Based upon a projected taxable value equal to $61,452,001, a tax levy of 1.0000 mil would generate approximately
$61,452 per year. Administrative costs for the MSTU are estimated at $12,000 annually. With the average road
repair costs of $12,500 per mile, the remaining balance of $49,452 will be available to perform necessary repairs to
approximately four miles of road per year. The earliest taxes could be levied for the proposed MSTU is FY 2025
(2024 tax year). This assumes that the enabling ordinance and related filings will be completed prior to December
31, 2023.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive
Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and
legality, and requires majority vote for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners direct the County Attorney to advertise, and
bring back for a public hearing, an Ordinance which would create the unpaved private road emergency repair
municipal service taxing unit by authorizing a levy of not to exceed one (1.0000) mil of ad valorem taxes per year.
Prepared by: Judy Sizensky, Project Manager, Public Transit & Neighborhood Enhancement Division
16.B.1
Packet Pg. 550
11/14/2023
ATTACHMENT(S)
1. Ordinance - Unpaved Private Road MSTU 101123 (DOCX)
2. Cat 3 Private Road (PDF)
3. Unpaved Roads MSTU Priority 3 Only Map 10.25.2023 (PDF)
16.B.1
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11/14/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.B.1
Doc ID: 27124
Item Summary: Recommendation to direct the County Attorney to advertise, and bring back for a public hearing,
an Ordinance which would create the unpaved private road emergency repair municipal service taxing unit by
authorizing a levy of not to exceed one (1.0000) mil of ad valorem taxes per year.
Meeting Date: 11/14/2023
Prepared by:
Title: Department Head – Transportation Management Services Department
Name: Trinity Scott
10/30/2023 4:20 PM
Submitted by:
Title: Department Head – Transportation Management Services Department
Name: Trinity Scott
10/30/2023 4:20 PM
Approved By:
Review:
Public Transit & Neighborhood Enhancement Judy Sizensky Additional Reviewer Completed
10/31/2023 7:46 AM
Public Transit & Neighborhood Enhancement Brian Wells Additional Reviewer Completed
10/31/2023 10:24 AM
Transportation Management Services Department Jeanne Marcella Transportation Management Services
Department Completed 11/01/2023 10:14 AM
Transportation Management Operations Support Trinity Scott Additional Reviewer Skipped
11/01/2023 10:21 AM
Public Transit & Neighborhood Enhancement Trinity Scott Additional Reviewer Skipped
11/01/2023 10:42 AM
Capital Project Planning, Impact Fees, and Program Management Gloria Herrera Additional Reviewer Completed
11/01/2023 11:05 AM
Road Maintenance Ellen Sheffey Additional Reviewer Completed 11/01/2023 3:26 PM
Transportation Management Services Department Jeanne Marcella Transportation Completed
11/03/2023 3:40 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/03/2023 3:59 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/06/2023 9:53 AM
Office of Management and Budget Christopher Johnson Additional Reviewer Completed 11/07/2023 3:41 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 11/08/2023 8:40 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 11/14/2023 9:00 AM
16.B.1
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[23-BCC-00998/1772573/1] Page 1 of 3
ORDINANCE NO. 2023 – _____
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 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, and are impassable and require immediate attention;
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 by the local fire district, the Collier County
Sheriff’s Office, or Collier County.
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 the unpaved, private roads identified in Exhibit A,
16.B.1.a
Packet Pg. 553 Attachment: Ordinance - Unpaved Private Road MSTU 101123 (27124 : Unpaved Private Road Emergency repair MSTU)
[23-BCC-00998/1772573/1] Page 2 of 3
which have been deemed impassable by the local fire district, the Collier County Sheriff’s Office,
or Collier County.
SECTION THREE: Purpose and Governing Body.
The MSTU is created for the purpose of providing emergency repairs to the unpaved,
private roads in Collier County identified in Exhibit A, which the local fire districts, the Collier
County Sheriff’s Office, or Collier County has deemed 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: 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.
16.B.1.a
Packet Pg. 554 Attachment: Ordinance - Unpaved Private Road MSTU 101123 (27124 : Unpaved Private Road Emergency repair MSTU)
[23-BCC-00998/1772573/1] Page 3 of 3
SECTION SEVEN: Conflict and Severability.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any
phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION EIGHT: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re -
lettered to accomplish such, and the word “ordinance” may be changed to “section,” “article,” or
any other appropriate word.
SECTION NINE: Effective Date.
This Ordinance shall be effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ______ day of ________________, 2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA
By:_____________________________ By:_____________________________
, Deputy Clerk Rick LoCastro, Chairman
Approved as to form and legality:
_______________________________
Jeffrey A. Klatzkow, County Attorney
16.B.1.a
Packet Pg. 555 Attachment: Ordinance - Unpaved Private Road MSTU 101123 (27124 : Unpaved Private Road Emergency repair MSTU)
Road Name From To
Mileage
28th Ave SE Woodland Grade Dead End 1
Acremaker Woodcrest Dr Dead End 0.48
Arden Ave S 5th St SE Dead End 0.17
Benton Rd Woodland Estates Rd Dead End 1.41
Christian Ter Ext Christian Terr West Dead End 0.11
Della Dr Brantley Blvd Dead End 0.73
Dillon Ln Little League Rd Dead End 0.1
Doak Ave S 9th St S 8th St 0.08
Edwards Grove Rd SR 82 Dead End 0.76
Experimental Rd State Rd Dead End 0.19
Frangipani Ave 10th ST S Ivy Way 0.37
Garland Rd Keaney Ave Markley Ave 1.04
Gator Slough Lane SR 82 Dead End 1.09
Hall Rd Lake Trafford Rd Dead End 0.237
Kearney Ave Garland Ave Dead End 0.667
Ladybug Ln Sunnygrove Rd Dead End 1
Laertes Lane Sunnygrove Rd Ladybug Ln 1
Lightner Drive Little League Rd Dead End 0.08
Little League Dr Dillon Ln Trafford Farm Rd 0.54
Markley Ave Garland Rd Inez Rd 1.03
Myers Rd Christian Terr Dead End 0.1
O Quinn Rd Hwy 29 Dead End 0.6
S 8th St Doak Ave Dead End 0.06
Smith Rd Keane Ave Ivisa Ave 0.75
Vireo Lane Little League Rd Little League Rd 0.1
13.694Total Mileage
16.B.1.b
Packet Pg. 556 Attachment: Cat 3 Private Road (27124 : Unpaved Private Road Emergency repair MSTU)
I-75 S I-75 N SR 29Immokalee RD
Oil Well RD
SR 82
CR 846 E
Livingston RDCollier BLVDAirport RD NTamiami TRL NSR 29 NDavis BLVD
Pine Ridge RD
Radio RD
Vanderbilt Beach RD
Goodlette-Frank RD NVanderbilt DRCorkscrew RD9th ST NGolden Gate BLVD WOld 41Wilson BLVD NS 1st STN 15th STGulf Shore DRNew Market RD W
5th AVE S
Tamiami TRL E
Six L's Farm
Proposed Unpaved RoadwaysMSTU
®
Unpaved Roads
Priority
3
0 1.5 3
Miles
Prepared by the Asset & Informations Systems SectionTMSD Operations Support Division. August 2023H:\C&M\Jonathon Milum\Requests\Unpaved Roads MSTU
16.B.1.c
Packet Pg. 557 Attachment: Unpaved Roads MSTU Priority 3 Only Map 10.25.2023 (27124 : Unpaved Private Road