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Agenda 12/12/2023 Item # 9F (Ordinance - Create the unpaved road emergency repair municiple sevice)12/12/2023 EXECUTIVE SUMMARY Recommendation to approve 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 sa fety 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 benefitting from these roads is estimated to be $61,452,001. A millage rate of 1.0000 will generate $61,452 annually. With the average repair cost of $12,000 per mile, approximately four (4) miles of impassable private lime rock road per year can be repaired. 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. On November 14, 2023, the Board approved the request to advertise the Ordinance 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. 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, the taxes would raise approximately $61,452 per year. The annual administrative costs for the MSTU are estimated to be $12,000, leaving $49,452 per year for conducting the necessary road repairs. The earliest taxes could be levied for the proposed MSTU is FY 2025 (2024 tax year). The effect of the proposed MSTU, including the tax levy implications, will not be realized until the 2024 tax year (FY 2025). 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: To approve 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 9.F Packet Pg. 554 12/12/2023 year. Prepared by: Judy Sizensky, Project Manager, Public Transit & Neighborhood Enhancement Division ATTACHMENT(S) 1. Ordinance 2023-XX Unpaved Private Road MSTU (PDF) 2. List-CAT 3 Roads (Mileage) (PDF) 3. TOTAL TAXABLE VALUES - MILES - LIMITS - CAT 3 - FINAL (PDF) 4. Unpaved Private Roads MSTU Priority 3 Only Map (PDF) 5. BCC Minutes 06_26_2018 R (PDF) 6. ES 6.26.18 (PDF) 7. Draft Ordinance 6.26.18 (PDF) 8. legal ad - agenda ID 27146 (PDF) 9.F Packet Pg. 555 12/12/2023 COLLIER COUNTY Board of County Commissioners Item Number: 9.F Doc ID: 27146 Item Summary: Recommendation to approve 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: 12/12/2023 Prepared by: Title: – Public Transit & Neighborhood Enhancement Name: Judy Sizensky 11/06/2023 2:03 PM Submitted by: Title: – Public Transit & Neighborhood Enhancement Name: Brian Wells 11/06/2023 2:03 PM Approved By: Review: Transportation Management Services Department Jeanne Marcella Transportation Management Services Department Completed 11/06/2023 4:12 PM Public Transit & Neighborhood Enhancement Brian Wells Director Review Completed 11/09/2023 11:32 AM Capital Project Planning, Impact Fees, and Program Management Gloria Herrera Additional Reviewer Completed 11/13/2023 11:53 AM Transportation Management Operations Support Tara Castillo Additional Reviewer Completed 11/14/2023 1:20 PM Road Maintenance Ellen Sheffey Additional Reviewer Completed 11/14/2023 2:04 PM Transportation Management Services Department Trinity Scott Transportation Completed 11/21/2023 9:57 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/21/2023 10:18 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/22/2023 9:11 AM Office of Management and Budget Christopher Johnson Additional Reviewer Completed 11/27/2023 12:20 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 12/06/2023 9:45 AM Board of County Commissioners Geoffrey Willig Meeting Pending 12/12/2023 9:00 AM 9.F Packet Pg. 556 [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, 9.F.1 Packet Pg. 557 Attachment: Ordinance 2023-XX Unpaved Private Road MSTU (27146 : Approve Ordinance creating the unpaved private road emergency repair [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. 9.F.1 Packet Pg. 558 Attachment: Ordinance 2023-XX Unpaved Private Road MSTU (27146 : Approve Ordinance creating the unpaved private road emergency repair [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 9.F.1 Packet Pg. 559 Attachment: Ordinance 2023-XX Unpaved Private Road MSTU (27146 : Approve Ordinance creating the unpaved private road emergency repair 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 9.F.2 Packet Pg. 560 Attachment: List-CAT 3 Roads (Mileage) (27146 : Approve Ordinance creating the unpaved private road emergency repair MSTU) Proposed Unpaved Roads MSTU (Category 3) Adjoining Property Values Mileage 28th Ave SE 9,404,622.00$ 1.000 105th Ave SE 111th Ave SE Acremaker 1,860,723.00$ 0.480 Woodcrest Dr Dead End Arden Ave 1,143,910.00$ 0.170 S 5th St SE Dead End Benton Rd 1,822,796.00$ 1.410 Woodland Estates Rd Dead End Christian Terr Ext 371,347.00$ 0.110 Christian Terr West Dead End Della Dr 6,832,457.00$ 0.730 Brantley Blvd Dead End Dillion Ln 187,087.00$ 0.100 Little League Rd Dead End Doak Ave 504,592.00$ 0.080 S 9th St S 8th St Edwards Grove Rd 4,597,221.00$ 0.760 SR-82 Dead End Experimental Road 873,099.00$ 0.190 State Rd Dead End Frangipani Ave 1,521,901.00$ 0.370 10th St South Ivy Way Garland Rd 3,718,719.00$ 1.040 Keaney Ave Markley Ave Gator Slough Ln 7,813,039.00$ 1.090 Hwy 82 Dead End Hall Rd 438,382.00$ 0.237 Lake Trafford Rd Dead End Kearney Ave 4,137,669.00$ 0.667 Garland Ave Dead End Lady Bug Ln 1,410,113.00$ 1.000 Sunnygrove Rd Dead End Laertes Ln 1,567,270.00$ 1.000 Sunnygrove Rd Ladybug Ln Lightner Dr 257,883.00$ 0.080 Little League Rd Dead End Little League Rd 2,156,857.00$ 0.540 Dillon Ln Trafford Farm Rd Markley Ave 2,160,355.00$ 1.030 Garland Rd Inez Rd Myers Rd 465,556.00$ 0.100 Christian Terr Dead End O Quinn Rd 1,957,092.00$ 0.600 Hwy 29 Dead End S 8th St 413,017.00$ 0.060 Doak Ave Dead End Smith Rd 5,416,269.00$ 0.750 Keane Ave Ivisa Ave Vireo Ln 420,025.00$ 0.100 Little League Rd Little League Rd TOTALS 61,452,001.00$ 13.694 Road Limits 9.F.3 Packet Pg. 561 Attachment: TOTAL TAXABLE VALUES - MILES - LIMITS - CAT 3 - FINAL (27146 : Approve Ordinance creating the unpaved private road 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 9.F.4 Packet Pg. 562 Attachment: Unpaved Private Roads MSTU Priority 3 Only Map (27146 : Approve Ordinance creating the June 26, 2018 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, June 26, 2018 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Andy Solis William L. McDaniel, Jr. Donna Fiala Burt L. Saunders Penny Taylor ALSO PRESENT: Leo Ochs, County Manager Nick Casalanguida, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Crystal Kinzel, Clerk of Courts & Comptroller Troy Miller, Communications & Customer Relations 9.F.5 Packet Pg. 563 Attachment: BCC Minutes 06_26_2018 R (27146 : Approve Ordinance creating the unpaved private road emergency repair MSTU) Page 1 June 26, 2018 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 June 26, 2018 9:00 AM Commissioner Andy Solis, District 2 - BCC Chair Commissioner William L. McDaniel, Jr., Dist. 5 - BCC Vice-Chair; CRAB Co-Chair Commissioner Donna Fiala, District 1; CRAB Co-Chair Commissioner Burt Saunders, District 3 Commissioner Penny Taylor, District 4 NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE 3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER “PUBLIC PETITIONS.” PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD 9.F.5 Packet Pg. 564 Attachment: BCC Minutes 06_26_2018 R (27146 : Approve Ordinance creating the unpaved private road emergency repair MSTU) Page 2 June 26, 2018 WILL NEED A RECORD OF THE PROCEEDING 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 TO BE BASED. COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. 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, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE FACILITIES MANAGEMENT DIVISION. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Father Paul D'Angelo of St. John the Evangelist Catholic Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (ex parte disclosure provided by commission members for consent agenda.) B. June 5, 2018 - BCC/Mental Health Workshop Minutes 3. AWARDS AND RECOGNITIONS A. EMPLOYEE B. ADVISORY BOARD MEMBERS 9.F.5 Packet Pg. 565 Attachment: BCC Minutes 06_26_2018 R (27146 : Approve Ordinance creating the unpaved private road emergency repair MSTU) June 26, 2018 Page 28 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 9.F.5 Packet Pg. 566 Attachment: BCC Minutes 06_26_2018 R (27146 : Approve Ordinance creating the unpaved private road emergency repair MSTU) June 26, 2018 Page 29 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 staff's 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 9.F.5 Packet Pg. 567 Attachment: BCC Minutes 06_26_2018 R (27146 : Approve Ordinance creating the unpaved private road emergency repair MSTU) June 26, 2018 Page 30 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. 9.F.5 Packet Pg. 568 Attachment: BCC Minutes 06_26_2018 R (27146 : Approve Ordinance creating the unpaved private road emergency repair MSTU) June 26, 2018 Page 31 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 staff's 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... 9.F.5 Packet Pg. 569 Attachment: BCC Minutes 06_26_2018 R (27146 : Approve Ordinance creating the unpaved private road emergency repair MSTU) June 26, 2018 Page 32 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 9.F.5 Packet Pg. 570 Attachment: BCC Minutes 06_26_2018 R (27146 : Approve Ordinance creating the unpaved private road emergency repair MSTU) June 26, 2018 Page 33 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 9.F.5 Packet Pg. 571 Attachment: BCC Minutes 06_26_2018 R (27146 : Approve Ordinance creating the unpaved private road emergency repair MSTU) June 26, 2018 Page 34 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. 9.F.5 Packet Pg. 572 Attachment: BCC Minutes 06_26_2018 R (27146 : Approve Ordinance creating the unpaved private road emergency repair MSTU) June 26, 2018 Page 35 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, 9.F.5 Packet Pg. 573 Attachment: BCC Minutes 06_26_2018 R (27146 : Approve Ordinance creating the unpaved private road emergency repair MSTU) June 26, 2018 Page 36 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 Sheriff's 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 Sheriff's 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 9.F.5 Packet Pg. 574 Attachment: BCC Minutes 06_26_2018 R (27146 : Approve Ordinance creating the unpaved private road emergency repair MSTU) June 26, 2018 Page 37 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 9.F.5 Packet Pg. 575 Attachment: BCC Minutes 06_26_2018 R (27146 : Approve Ordinance creating the unpaved private road emergency repair MSTU) June 26, 2018 Page 38 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. 9.F.5 Packet Pg. 576 Attachment: BCC Minutes 06_26_2018 R (27146 : Approve Ordinance creating the unpaved private road emergency repair MSTU) June 26, 2018 Page 39 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. 9.F.5 Packet Pg. 577 Attachment: BCC Minutes 06_26_2018 R (27146 : Approve Ordinance creating the unpaved private road emergency repair MSTU) June 26, 2018 Page 40 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. 9.F.5 Packet Pg. 578 Attachment: BCC Minutes 06_26_2018 R (27146 : Approve Ordinance creating the unpaved private road emergency repair MSTU) June 26, 2018 Page 41 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. 9.F.5 Packet Pg. 579 Attachment: BCC Minutes 06_26_2018 R (27146 : Approve Ordinance creating the unpaved private road emergency repair MSTU) June 26, 2018 Page 42 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 9.F.5 Packet Pg. 580 Attachment: BCC Minutes 06_26_2018 R (27146 : Approve Ordinance creating the unpaved private road emergency repair MSTU) June 26, 2018 Page 43 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 9.F.5 Packet Pg. 581 Attachment: BCC Minutes 06_26_2018 R (27146 : Approve Ordinance creating the unpaved private road emergency repair MSTU) June 26, 2018 Page 44 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 Sheriff's Office. I am the District 4 commander for the Sheriff's Office, which encompasses the district also known as the Estates district, so much of these roads fall into the Estates. The Sheriff's 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 9.F.5 Packet Pg. 582 Attachment: BCC Minutes 06_26_2018 R (27146 : Approve Ordinance creating the unpaved private road emergency repair MSTU) June 26, 2018 Page 45 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 9.F.5 Packet Pg. 583 Attachment: BCC Minutes 06_26_2018 R (27146 : Approve Ordinance creating the unpaved private road emergency repair MSTU) June 26, 2018 Page 46 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? 9.F.5 Packet Pg. 584 Attachment: BCC Minutes 06_26_2018 R (27146 : Approve Ordinance creating the unpaved private road emergency repair MSTU) June 26, 2018 Page 47 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. 9.F.5 Packet Pg. 585 Attachment: BCC Minutes 06_26_2018 R (27146 : Approve Ordinance creating the unpaved private road emergency repair MSTU) June 26, 2018 Page 48 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 9.F.5 Packet Pg. 586 Attachment: BCC Minutes 06_26_2018 R (27146 : Approve Ordinance creating the unpaved private road emergency repair MSTU) June 26, 2018 Page 49 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 9.F.5 Packet Pg. 587 Attachment: BCC Minutes 06_26_2018 R (27146 : Approve Ordinance creating the unpaved private road emergency repair MSTU) June 26, 2018 Page 50 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 I, 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 9.F.5 Packet Pg. 588 Attachment: BCC Minutes 06_26_2018 R (27146 : Approve Ordinance creating the unpaved private road emergency repair MSTU) June 26, 2018 Page 51 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: Or an 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. 9.F.5 Packet Pg. 589 Attachment: BCC Minutes 06_26_2018 R (27146 : Approve Ordinance creating the unpaved private road emergency repair MSTU) June 26, 2018 Page 52 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 9.F.5 Packet Pg. 590 Attachment: BCC Minutes 06_26_2018 R (27146 : Approve Ordinance creating the unpaved private road emergency repair MSTU) June 26, 2018 Page 53 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 9.F.5 Packet Pg. 591 Attachment: BCC Minutes 06_26_2018 R (27146 : Approve Ordinance creating the unpaved private road emergency repair MSTU) June 26, 2018 Page 54 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 Sheriff's 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 9.F.5 Packet Pg. 592 Attachment: BCC Minutes 06_26_2018 R (27146 : Approve Ordinance creating the unpaved private road emergency repair MSTU) June 26, 2018 Page 55 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 #11B – Heard with Agenda Item #11C 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 – 9.F.5 Packet Pg. 593 Attachment: BCC Minutes 06_26_2018 R (27146 : Approve Ordinance creating the unpaved private road emergency repair MSTU) 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. 9.F.6 Packet Pg. 594 Attachment: ES 6.26.18 (27146 : Approve Ordinance creating the unpaved private road emergency repair MSTU) 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 T axing 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) 9.F.6 Packet Pg. 595 Attachment: ES 6.26.18 (27146 : Approve Ordinance creating the unpaved private road emergency repair MSTU) 06/26/2018 COLLIER COUNTY Board of County Commissioners Item Number: 9.A Doc 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 9.F.6 Packet Pg. 596 Attachment: ES 6.26.18 (27146 : Approve Ordinance creating the unpaved private road emergency repair MSTU) 9.F.7 Packet Pg. 597 Attachment: Draft Ordinance 6.26.18 (27146 : Approve Ordinance creating the unpaved private road emergency repair MSTU) 9.F.7 Packet Pg. 598 Attachment: Draft Ordinance 6.26.18 (27146 : Approve Ordinance creating the unpaved private road emergency repair MSTU) 9.F.7 Packet Pg. 599 Attachment: Draft Ordinance 6.26.18 (27146 : Approve Ordinance creating the unpaved private road emergency repair MSTU) 9.F.8 Packet Pg. 600 Attachment: legal ad - agenda ID 27146 (27146 : Approve Ordinance creating the unpaved private road emergency repair MSTU)