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:
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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)
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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
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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.
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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;
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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
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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
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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
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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.
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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;
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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
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