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Agenda 09/10/2024 Item #16B 1 (Public hearing an Amendment Ordinance 2023-71 to remove roadways that are now in a passable condition)16.B.1 09/10/2024 EXECUTIVE SUMMARY Recommendation to direct the County Attorney to advertise and bring back for a public hearing an amendment to Ordinance 2023-71 to remove roadways that are now in a passable condition, add roadways that have since been deemed impassable by the independent fire districts and remove the 1.0000 mil cap of the ad valorem millage rate. OBJECTIVE: To protect the health, safety, and welfare of citizens that have unpaved, private road access and egress. CONSIDERATION: At the December 12, 2023, meeting, the Board approved Ordinance 2023-71 creating the unpaved road emergency repair municipal service taxing unit (MSTU). This MSTU was created 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 the one-time repair of the private roads will ultimately be borne by the residents serviced by private roads. At its inception 25 roads were included containing approximately 13.694 miles of unpaved private road considered impassable for emergency vehicles. Since the creation of the MSTU, the Public Transit & Neighborhood Enhancement (PTNE) group has worked with the Property Appraiser to finalize the boundaries of the properties and develop a bid package for the repairs. During the subsequent inspections for the bidding, it was determined that the following roadways were now paved/passable or were secured with a locked gate and therefore were not included for additional repairs: Road Name From To Mileage 28' Ave SE Woodland Grade Dead End 1.0 Edwards Grove Road SR 82 Dead End 0.76 Gator Slough Lane SR 82 Dead End 1.09 Kearney Avenue Garland Ave Dead End 0.667 TOTAL 3.517 Therefore, staff is requesting to remove these roadways from the MSTU, which equates to 3.517 miles. Since a millage has not been assessed, the property owners along the corridor have not contributed any funding to the collective future repairs. PTNE has also been working on a bid package to address the improvements necessary to bring the roadways to a passable condition. Staff presented a bid in the amount of $582,842 ($52,270/mile) to address the necessary repairs at the August 13, 2024, Board meeting. This item was subsequently continued. Staff is currently reviewing the bid results and will determine if it is beneficial to rebid the project with the additional mileage should the ordinance be approved. Award of the repairs will be presented to the Board at an upcoming meeting for their approval, as well as the necessary budget amendments to provide the initial funding to allow for the contract award. In late July 2024, residents in the 6 Us Farm area off U.S. 41 notified the County and the independent Fire District of their concerns of their unpaved roadway condition. Greater Naples Fire Rescue District (GNFRD) notified PTNE staff on July 30, 2024, that they agreed that certain roadways within the area were impassable. Two of the roadways identified (Laertes Lane and Ladybug Lane) were already included in Ordinance # 2023-71. Following the initial assessment, Tropical Storm Debby occurred, and the 6 L's Farm area was inundated with water, which according to residents in the immediate area, caused further roadway deterioration. County staff spoke with residents who expressed concern with additional roadways beyond what was identified in the initial assessment by GNFRD. Staff requested GNFRD to reassess the roadways. Based on the latest GNFRD assessment, the following 6.189 miles of unpaved private roadways are requested to be added to the MSTU as they are now deemed impassable: Packet Pg. 293 16.B.1 09/ 10/2024 Road Name From To Mileage Laakso Lane Sunnygrove Road Dead End 0.889 Labrador Lane Sunnygrove Road Dead End 0.506 Lacewing Lane Sunnygrove Road Dead End 0.882 Lafayette Lane Sunnygrove Road Dead End 0.966 Lager Road Sunnygrove Road Dead End 0.946 Tomato Road Sunnygrove Road Dead End 1.0 Sunnygrove Road Six Us Farm Road Tomato Road 1.0 TOTAL 6.189 The resulting mileage and taxable value after all modifications of the properties benefiting from these roads is estimated to be 16.366 miles and $43,697,757 respectively. A millage rate of 1.0000 would generate $43,697 annually. Until the project is re -bid, the actual final repair cost is not known, however based on the unawarded bid, the amount to repair the total amended mileage is estimated at $855,450. The original ordinance was advertised with a cap of 1.0000 mil of ad valorem taxes per year. Staff is requesting to remove the cap and allow the Board to set the millage annually during the requisite budget hearing process to reduce the length of time for the requisite payback. FISCAL IMPACT: If approved, this MSTU Ordinance will provide a mechanism to establish the budget based upon certified taxable value and applied millage rate as determined each year by the Board. Based upon a projected taxable value equal to $43,697,757, a tax levy of 1.0000 mil would generate approximately $43,697 per year. Administrative costs for the MSTU are estimated at $12,000 annually while bidding and construction activities are ongoing. 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 direct the County Attorney to advertise and bring back for a public hearing an amendment to Ordinance # 2023-71 to (1) remove 28t1i Ave SE, Edwards Grove Road, Gator Slough Lane & Kearney Avenue as the roadways are no longer deemed impassable; (2) add Laakso Lane, Labrador Lane, Lacewing Lane, Lafayette Lane, Lager Road, Tomato Road, and Sunnygrove Road, which have been deemed impassable by the Greater Naples Fire Rescue District and (3) Removal the one mil of ad valorem taxes per year cap and allow the Board to set the appropriate millage rate annually through the budget hearing process. Prepared by: Judy Sizensky, Project Manager, Public Transit & Neighborhood Enhancement Division ATTACHMENT(S) 1. Draft Ordinance Amendment - Unpaved Private Road MSTU (DOCX) 2. Attachment A (PDF) 3. Unpaved Roads MSTU Map Update (PDF) 4. GNFRD Private Road Letter to County (PDF) 5. Clean Ordinance - Unpaved Private Road MSTU Amendment (DOCX) Packet Pg. 294 16.B.1 09/10/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.13.1 Doc ID: 29830 Item Summary: Recommendation to direct the County Attorney to advertise and bring back for a public hearing an amendment to Ordinance 2023-71 to remove roadways that are now in a passable condition, add roadways that have since been deemed impassable by the independent fire districts and remove the 1.0000 mil cap of the ad valorem millage rate. Meeting Date: 09/10/2024 Prepared by: Title: Department Head — Transportation Management Services Department Name: Trinity Scott 09/03/2024 12:57 PM Submitted by: Title: Department Head — Transportation Management Services Department Name: Trinity Scott 09/03/2024 12:57 PM Approved By: Review: Transportation Management Services Department Jeanne Marcella Department Public Transit & Neighborhood Enhancement Jeanne Marcella Public Transit & Neighborhood Enhancement Brian Wells Transportation Management Operations Support Tara Castillo Transportation Management Services Department Trinity Scott County Attorney's Office Office of Management and Budget Office of Management and Budget County Manager's Office Board of County Commissioners Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Debra Windsor Level 3 OMB Gatekeeper Review Agnieszka Chudy OMB Reviewer Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Transportation Management Services Completed 09/03/2024 1:01 PM TMSD Reviewer Skipped 09/03/2024 1:43 PM TMSD Reviewer Completed 09/03/2024 1:51 PM TMSD Reviewer Completed 09/03/2024 2:23 PM Transportation Completed 09/03/2024 2:34 PM Completed 09/03/2024 3:59 PM Completed 09/04/2024 8:56 AM Completed 09/04/2024 9:21 AM Completed 09/04/2024 10:06 AM 09/10/2024 9:00 AM Packet Pg. 295 16.B.1.a ORDINANCE NO.202- — AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING 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 AD VALOREM TAXESAS DETEMINED BY THE BOARD 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. WHEREAS, in preparing bid documents several roadways previously identified as impassable were deemed passable and therefore must be removed from Schedule A; WHEREAS, additional roadways have been deemed impassable by Greater Naples Fire Rescue District and must be added to Schedule A: 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. [23-Bcc-00998/1824763/1] Page 1 of 3 Packet Pg. 296 16.B.1.a 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, 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 . 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; [23-BCC-00998/1824763/1 ] Page 2 of 3 Packet Pg. 297 16.B.1.a 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. 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 ATTEST: CRYSTAL K. KINZEL, Clerk RA , Deputy Clerk Approved as to form and legality: Jeffrey A. Klatzkow, County Attorney [23-BCC-00998/1824763/1 ] 242-32024. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA RA Riek r eGa Chris Hall, Chairman Page 3 of 3 Packet Pg. 298 16.B.1.b Collier County TRANSPORTATION , MANAGEMENT SERVICES Unpaved Private Roads Emergency Mileage Road Limits Repair MSTU (Category 3) 28th Ave SE (paved) 8th St S - 0.060 10gth 4wp cr 1 1 1 th 4wp cr TV-1C 1T T'0"�.Ic Doak Ave Dead End Acremaker 0.480 Woodcrest Dr Dead End Arden Ave 0.170 S 5th St SE Dead End Benton Rd 1.410 Woodland Estates Rd Dead End Christian Terr Ext 0.110 Christian Terr West Dead End Della Dr 0.730 Brantley Blvd Dead End Dillion Ln 0.100 Little League Rd Dead End Doak Ave 0.080 S 9th St S 8th St Experimental Road 0.190 State Rd Dead End Frangipani Ave 0.370 10th St South Ivy Way Garland Rd r-- teF Slough i r (pFi f.,r. 1.040 _ 0.237 Keaney Ave Markley Ave Hwy 82 Dead End Lake Trafford Rd Dead End at ed) Hall Rd KeaFRey Ave (paved) Laakso Ln 0.889 Garland Ave Dead End Sunnygrove Rd Dead End Labrador Ln 0.506 Sunnygrove Rd Dead End Lacewing Ln 0.882 Sunnygrove Rd Dead End Lady Bug Ln 1.000 Sunnygrove Rd Dead End Laertes Ln 1.000 Sunnygrove Rd Ladybug Ln Lafayette Ln 0.966 Sunnygrove Rd Dead End Lager Ln 0.946 Sunnygrove Rd Dead End Lightner Dr 0.080 Little League Rd Dead End Little League Rd 0.540 Dillon Ln Trafford Farm Rd Markley Ave 1.030 Garland Rd Inez Rd Myers Rd 0.100 Christian Terr Dead End 0 Quinn Rd 0.600 Hwy 29 Dead End Smith Rd 0.750 Keane Ave Ivisa Ave Sunnygrove Ave 1.000 Six L's Farm Rd Tomato Rd Tomato Rd 1.000 Sunnygrove Rd Dead End Vireo Ln 1 0.100 1 Little League Rd Little League Rd TOTALS 1 16.366 KEY R. .,.J Added Packet Pg. 299 Aouaoiiv Aiunon aui iaa.rlp of uouermew aooem : nFRR7) aiepdn dew nlsw SpeON panedun :;uauayaeuv tiv h L_ m �acOy�' J I N 6Z MS N 15th ST F- H F- U) N 0 a W U O W > � 0 N r Z $y¢z F w .'q 02 o N o C a-. . Q z �1 N tL, O Q Z "6 O -o > O u i yi `_ Q O N •a (d O � U C � Q O � Q O 5 ao= O a m 0 0 0 0 > III K K K I 0 Of O CD 0 M a m 6Z NS rZ LU �Q s� may, Imo: emu■ n I Zvi a ,, �• P rn l j �,� �r ear--- �:� IYI _ - - 9th r N l 1 !we!we N 021 Huey-q a;lalp6 E) gth ST N ST S 1 1�..e_�_.....e .�._. 16.B.1.d GREATER NAPLES FIRE RESCUE DISTRICT ADMINISTRATIVE HEADQUARTERS 14575 Collier Boulevard • Naples, FL 34119 Phone: (239)348-7540 Fax: (239)348-7546 Chris Wolfe, Fire Chief August 16, 2024 Amy Patterson, Collier County Manager Collier County Manager's Office 3299 Tamiami Trl. E., Ste. 202 Naples, FL 34112 — 5746 (239) 252-8383 RE: Petition for Road Repair/Pavement & Drainage Infrastructure for Emergency Vehicle Access to Private Roads Dear Amy, I am reaching out to you on behalf of the Board of Fire Commissioners for the Greater Naples Fire Rescue District regarding an issue that was brought to our attention during our monthly Board of Commissioners meeting on Wednesday, August 10. A resident residing on a parcel of land surrounding Sunnygrove Ave., in the Southeastern side of Naples, is petitioning for a state of emergency declaration to allow for immediate intervention to repair their private roads that are nearly impassable. For the Greater Naples Fire Rescue District to provide proper fire protection and prevention services to our taxpayers, we would like to support the repair or installation of adequate road pavement and/or the proper infrastructure related to the necessary water drainage for all private roads located within our District boundaries to permit accessibility for our fire rescue vehicles. Please let us know if we can assist in any way in this endeavor. Should you have any questions, please contact Fire Chief Chris Wolfe at 239-348-7540. Sincerely, n4 a Nick Biondo GNFRD Board of Commissioners, Chair NBjjk cc: Board of Fire Commissioners Professionalism ^- Integrity Compassion Q Board of Fire Commissioners Nick Biondo, Mark Cherney, Brian Cross, Patrick Dearborn, Al Duffy Packet Pg. 301 16.B.1.e ORDINANCE NO.2024 — AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING 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 AD VALOREM TAXESAS DETEMINED BY THE BOARD 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. WHEREAS, in preparing bid documents several roadways previously identified as impassable were deemed passable and therefore must be removed from Schedule A; WHEREAS, additional roadways have been deemed impassable by Greater Naples Fire Rescue District and must be added to Schedule A; 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. [23-BCC-00998/1824763/1] Page] of 3 Packet Pg. 302 16.B.1.e 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, 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. 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; [23-BCC-00998/1824763/1] Page 2 of 3 Packet Pg. 303 16.B.1.e 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. 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 ATTEST: CRYSTAL K. KINZEL, Clerk RA , Deputy Clerk Approved as to form and legality: Jeffrey A. Klatzkow, County Attorney [23-BCC-00998/1824763/1 ] 2024. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA RA Chris Hall, Chairman Page 3 of 3 Packet Pg. 304