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Agenda 09/24/2024 Item #11C (To protect the health, safety, and welfare of citizens that have unpaved, private road access and egress)9/24/2024 Item # 11.C. ID#: 2024-1074 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 no longer unpaved, add unpaved private roadways, and establish an opt out provision. OBJECTIVE: To protect the health, safety, and welfare of citizens that have unpaved, private road access and egress. CONSIDERATIONS: 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 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 28th 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. In keeping with the Board direction at the September 10, 2024, the proposed ordinance was changed from the draft reviewed by the Board at its prior meeting as follows: SECTION TWO: Creation of the Municipal Service Taxing Unit. There is hereby created and established the Private Road Emergency Repair Municipal Service Taxing Unit, hereinafter referred to as the “MSTU.” The property subject to the MSTU shall be all properties adjacent to an unpaved, private road in unincorporated Collier County, as identified in Exhibit A. This ordinance is not intended to apply to private roads within gated communities, or roads maintained by Special Districts, Community Development Districts, Homeowner Associations, a millage rate not to exceed one (1) mil per year. and like entities. 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 where the County is notified by the local fire districts, or the Collier County Sheriff’s Office, or Collier County has deemed that such roads are impassable to emergency vehicles and such disrepair is a danger to the health, safety, and welfare to of the citizens of Collier County. The roads shall be repaired only to the extent that they are made passable to emergency vehicles, and shall be maintained to remain passable. Such repair or maintenance does not designate acceptance of maintenance beyond the purpose stated herein, nor does it designate an Page 1604 of 4908 ownership interest in the road by the County. SECTION SIX: Opting Out. Upon application to the County Manager or Designee, the property owners abutting and/or accessing from an unpaved road may opt out of the tax levied herein upon a finding by the County Manager that the road is not likely to require maintenance within the next five fiscal years. In order to opt out, the property owner must show that the road is passable and that there is a sustainable maintenance plan in place by the property owner or owners on that road. If at a point in the future the road becomes impassable to emergency vehicles and emergency maintenance is required by the County, as determined by the County Manager or Designee, those previously opted- out homes shall become subjected to the tax levied herein beginning the next fiscal year and continuing the following years. The proposed ordinance modification will add 69.126 miles of roads to the MSTU. The resulting mileage after all modifications of the properties benefiting from these roads is estimated to be 79.302 miles. Unfortunately, due to the time constraints between the Boards direction and this agenda item, specific taxable values for the areas were unavailable. However, when the item was initially discussed by the Board in March 2023, the taxable value associated with the estimated 105 miles was $372,700,000. At this time, there are at least 16.366 miles of roadways that need repairs as determined by an independent Fire District. PTNE has also been working on a bid package to address the improvements necessary to bring the initial 13.694 miles of 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 the project should be rebid. Award of the repairs will be presented to the Board at a future meeting for their approval, as well as the necessary budget amendments to provide the initial funding to allow for the contract award. Until the project is re-bid, the actual final repair cost is not known, however based on an unawarded bid, the amount to repair the known impassable 16.366 miles is estimated at $855,450. In addition, the estimated taxable value for the MSTU and the associated estimated revenues based on a 1.0000 mil cap would be presented to the Board prior to the award of the bid. FISCAL IMPACT: If approved, this MSTU Ordinance will provide a mechanism to establish the budget based upon certified taxable value and applied millage rate not to exceed 1.0000 mil per year. At this time, projected taxable values are not available for the remaining roadways, however, when this item was presented to the Board in March 2023, the taxable value for the estimated 105 miles of roadway was $372,700,000. Taxable values will be updated in coordination with the Property Appraiser including subtracting the values associated with any roadways that would opt out. The effect of the proposed MSTU, including the tax levy implications, will not be realized until the 2025 tax year (FY 2026). This assumes that the enabling ordinance and related filings will be completed prior to December 31, 2024. If the modification is approved, the level of effort necessary to implement the program will be evaluated and staff will report back to the Board if additional staff or other resources will be required. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive 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 RECOMMENDATIONS: 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 28th Ave SE, Edwards Grove Road, Gator Slough Lane & Kearney Avenue as the roadways are paved or not accessible; (2) add 69.126 miles of unpaved private roadways as identified in Schedule A; and (3) provide for an opt out provision. PREPARED BY: Trinity Scott, Transportation Management Services Department Head ATTACHMENTS: 1. Unpaved Roads MSTU20240917 V2 2. Proposed Ordinance - amending 23-71 Private Road Emergency Repair MSTU 3. Unpaved Roads MSTU MASTER LIST - Sept 17 2024 Page 1605 of 4908 Page 1606 of 4908 I-75 S I-75 NSR 29Immokalee RD Oil Well RD SR 82 Collier BLVDCR 846 E Livingston RDAirport RD NTamiami TRL NSR 29 NDavis BLVD Pine Ridge RD Radio RDGoodlette-Frank RD NVanderbilt Beach RD Golden Gate PKWY Ta mia mi T R L E Corkscrew RDSanta Barbara BLVDGolden Gate BLVD WOld 41Wilson BLVD NS 1st STN 15th STAirport RD SE Main ST Tamiami TRL E SR 29CopelandSix L's Farm Private Unpaved RoadsEmergency Repairs MSTU ® Unpaved R oadw ay 0 1.5 3 Miles Prepared by the Asset & Informations Systems SectionTMSD Operations Support Division. S ept 2024 Page 1607 of 4908 Page 1608 of 4908 Page 1609 of 4908 Page 1610 of 4908 Page 1611 of 4908 Private Unpaved Roads Emergency Repairs MSTU Collier County 12th Street SE E Delaware Ave Dead End 0.116 14th Street SE E Delaware Ave Dead End 0.120 15th Street SE E Delaware Ave Dead End 0.123 16th Street SE E Delaware Ave Dead End 0.123 42nd Ave SE Everglades Dead End 2.199 8th St S Doak Ave Dead End 0.113 Acremaker Woodcrest Dr Dead End 0.476 Amity Rd Michel Delong Dead End 0.203 Angela Rd Sanctuary Rd Dead End 0.861 Anhinga Rd Rookery Ln Dead End 0.118 Arden Ave S 5th St SE Dead End 0.198 Beagle Lake Rd Sable Palm Rd Dead End 0.314 Benton Rd Woodland Estates Rd Dead End 1.406 Birdsong Ln Brantley Blvd Dead End 0.238 Botanical Dr Little League Rd Dead End 0.138 Cannon Blvd Krape Rd Dead End 0.253 Catawba St Deer Run Ln Dead End 0.502 Chickadee Ln Sanctuary Rd Honeybee Dr 0.251 Christian Terr Ext Christian Terr. W Dead End 0.108 Christian Terr West Christian Terr.Dead End 0.121 Corkscrew Ln Platt Rd Dead End 0.638 Cornerstone Dr Immokalee Rd Dead End 0.467 Crawford Ave Washburn Ave Dead End 0.699 Crews Rd Santa Barbara Blvd Shedden Ln 0.236 Curry Rd Carson Rd Dead End 0.217 Daffodil Ct Lilac Ln Dead End 0.156 Della Dr Brantley Blvd Dead End 0.748 Dillon Ln Little League Rd Dead End 0.105 Doak Ave 8th St S S 9th St 0.086 Dove Tree Street Frangipani Ave Dead End 1.004 Dupree Grade Cty Rd 846 Dead End 1.487 Eagle Island Rd Sanctuary Rd Dead End 0.197 East Delaware Ave 15th St 16th St 0.062 Everly Ave (west/east of) Smith Rd Dead End 0.904 Experimental Rd State Rd Dead End 0.217 Fawn Ln Platt Rd Dead End 0.626 Frangipani Ave Tobias Dead End 3.106 Friendship Ln Immokalee Rd Dead End 0.879 Garland Rd Kearney Ave Markley Ave 0.529 Garthie Rd Dupree Grade Dead End 0.152 Gemmer Ln Trafford Farm Rd Dead End 0.117 Guevara Ave SW Smith Rd Dead End 0.266 Hall Rd Lake Trafford Rd Dead End 0.273 Hancock Hammond Rd Brantley Blvd Dead End 0.429 Harmon Terr Lake Gloria Rd Dead End 0.129 High Corner Rd (Lost Ln)Corkscrew Rd Dead End 0.217 Honeybee Dr Chickadee Ln Dead End 0.258 Inez Rd Keane Ave Markley Ave 1.019 Ivisa Ave Smith Rd Dead End 0.190 Ivy Way Frangipani Ave Dead End 1.005 Janes Scenic Dr State Rd 29 Lake Gloria Rd 0.819 Jenkins Way Garland Rd Dead End 0.250 Johns Rd Collier Blvd Dead End 0.485 Kam Luck Dr Black Burn Rd Dead End 0.809 Kapok St Frangipani Ave Dead End 0.558 Keane Ave East of Smith Rd (pavement ends)Hancock-Hammond Rd 1.240 Keane Ct Brantley Blvd Dead End 0.237 Krape Rd 2160 Krape Rd Dead End 0.523 Laakso Ln Sunnygrove Ave Dead End 0.883 Labrador Ln Sunnygrove Ave Dead End 0.959 1 / 2 Page 1612 of 4908 Private Unpaved Roads Emergency Repairs MSTU Collier County Lacewing Ln Sunnygrove Ave Dead End 0.960 Ladybug Ln Sunnygrove Ave Dead End 0.999 Laertes Ln Sunnygrove Ave Dead End 0.940 Lafayette Ln Sunnygrove Ave Dead End 0.958 Lager Ln Sunnygrove Ave Dead End 0.938 Lake Gloria Rd Webb Rd Dead End 0.170 Lambs Ln Benton Rd Dead End 0.192 Le Buffs Rd 4865 Le Buffs Rd Dead End 0.694 Lightner Dr Little League Rd Dead End 0.113 Lilac Ln Platt Rd Sanctuary Rd 1.256 Limpkin Rd Sanctuary Rd (west to…)Dead End 0.753 Little League Rd Dillon Ln Trafford Farm Rd 0.539 Markley Ave Garland Rd Inez Rd 1.030 Mathews St Frangipani Dead End 0.253 Moulder Dr Cannon Blvd Dead End 0.661 Myers Rd Christian Terr Dead End 0.122 Oil Well Grade Rd Oil Well Rd (north of) Immokalee Rd 7.062 O'Quinn Rd Hwy 29 Dead End 0.477 Pacific Grade Rd Oil Well Rd Wyatt Ln 1.466 Palm Dr Lake Trafford Rd (north to…)Dead End 0.116 Pantera Ln (east & west of) Frienship Ln Dead End 0.525 Peach Place 20th St SE Dead End 0.182 Pioneer Trail Dove Tree St Dead End 0.211 Platt Rd (west of) Immokalee Rd (east of) Friendship Ln 2.062 Pringle Ln Oil Well Rd Dead End 0.800 Purple Martin Dr (west of) Sanctuary Rd N (east of) Sanctuary Rd N 0.644 Rabbit Run Rd (west of) Immokalee Rd (east of) Immokalee Rd 0.675 Red Deer Rd Friendship Ln Dead End 0.262 Red Hawk Ln Sanctuary Rd W Dead End 0.515 Revello St State St Dead End 0.206 Rivers Rd Ramsey St Dead End 0.505 Rock Springs Rd Oil Well Rd Dead End 1.610 S 5th St (Immokalee)Breezewood Dr Arden Ave 0.092 Sanctuary Rd Sanctuary Rd W Eagle Island Rd 0.377 Smith Rd Keane Ave Ivisa Ave 0.831 Smith Rd Washburn Ave Keane Ave 0.737 Smith Rd Washburn Ave Dead End 0.561 Stable Way Newman Dr Dead End 0.639 State St 2824 State St Revello St 0.028 Stokes Ave S 5th St (Immokalee)Dead End 0.123 Sugarberry St Frangipani Ave to farm road split 0.740 Sundance St Richards St Grenadine Way 0.228 Sunnygrove Rd Six L's Farn Rd Tomato Rd 1.002 Thomas Farm Rd Cty Rd 846 Dead End 2.494 Thorp Rd Cty Rd 846 farm road split 2.477 Tobias St Frangipani Ave Dove St 1.014 Tomato Rd Sunnygrove Ave North to Dead End 1.017 Township Rd Immokalee Rd Dead End 1.653 Trafford Farm Rd Lake Trafford Rd Dead End 0.514 Turnstile Dr Lee Cypress Dr Dead End 0.119 Vireo Ln Little League Rd Little League Rd 0.100 Washburn Ave Crawford Ave Dead End 0.968 Webb Rd Lake Gloria Rd Dead End 0.308 Weeks Ter E Delaware Ave Dead End 0.121 Whidden Loop Rd Corkscrew Rd Corkscrew Rd 0.775 Wild Turkey Dr (west of) Immokalee Rd (east of) Immokalee Rd 1.163 Woodland Estates Rd 28th St SE Dead End 0.993 Woodland Grade Rd Benton Rd 2275 Woodland Grade Rd 1.171 Total Miles 79.303 2 / 2 Page 1613 of 4908