Agenda 11/12/2024 Item #17G (Ordinance - This Item is Continued to the December 10, 2024 BCC Meeting )11/12/2024
Item # 17.G
ID# 2024-1659
Executive Summary
*** This Item Continued to the December 10, 2024, BCC Meeting. *** Recommendation to approve 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:
CONSIDERATIONS:
FISCAL IMPACT:
GROWTH MANAGEMENT IMPACT:
LEGAL CONSIDERATIONS:
RECOMMENDATIONS:
PREPARED BY:
ATTACHMENTS:
1. Proposed Ordinance - amending 23-71 Private Road Emergency Repair MSTU
2. Unpaved Private Roads Emergency Repairs MSTU - Exhibit A - 11.12.2024
3. legal ad - Unpaved Roads MSTU Ordinance amendment
4. Business Impact Estimate-amend Unpaved Private Roads Emergency Repair MSTU
5. BCC 09.24.24 - MSTU Unpaved Roads
6. BCC 06.26.2018 - MSTU - Unpaved Roads Exec Summary
7. BCC 06.26.2018 - Minutes
8. BCC 09.11.2018 - MSTU - Unpaved Roads Exec Summary
9. BCC 09.11.2018 - Minutes
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Street Name Start End Miles
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
28th St SE (paved)105th Ave SE 111th Ave SE -
42nd Ave SE (West of…) Everglades Dead End 0.834
5th St S (Immokalee)Breezewood Dr Arden Ave 0.092
8th St S (Immokalee)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
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
Edwards Grove Rd (paved)SR-82 Dead End -
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
Gator Slough Ln (private fenced)SR-82 Dead End -
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
Unpaved Private Roads Emergency Repairs MSTU
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Unpaved Private Roads Emergency Repairs MSTU
Street Name Start End Miles
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
Kearney Ave (paved)Garland Ave Dead End -
Krape Rd 2160 Krape Rd Dead End 0.523
Laakso Ln (added)Sunnygrove Ave Dead End 0.883
Labrador Ln (added)Sunnygrove Ave Dead End 0.959
Lacewing Ln (added)Sunnygrove Ave Dead End 0.960
Ladybug Ln Sunnygrove Ave Dead End 0.999
Laertes Ln Sunnygrove Ave Dead End 0.940
Lafayette Ln (added)Sunnygrove Ave Dead End 0.958
Lager Ln (added)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
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 (added)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 (added)Sunnygrove Ave North to Dead End 1.017
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
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Unpaved Private Roads Emergency Repairs MSTU
Street Name Start End Miles
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 75.783
Road Removed
Road Added 11/12/2024 Exhibit AKey:
3 / 3
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NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners
commencing at 9:00 a.m. on November 12, 2024, in the Board of County Commissioners meeting room, third floor,
Collier Government Center, 3299 East Tamiami Trail, Naples, FL, to consider:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2023-71, THE PRIVATE ROAD
EMERGENCY REPAIR MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR
THE BOARD OF COUNTY COMMISSIONERS TO BE THE UNIT’S GOVERNING
BODY; PROVIDING FOR LEVY OF ONE (1) MIL OF AD VALOREM TAXES PER
YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR AN OPT-
OUT MECHANISM; 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.
A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested
parties are invited to attend and be heard.
All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the
agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an
individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson
for a group or organization may be allotted 10 minutes to speak on an item. Written materials intended to be considered
by the Board shall be submitted to the appropriate County staff a minimum of 7 days prior to the public hearing. All
materials used in presentations before the Board will become a permanent part of the record.
As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide
public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate
remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events
on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted
on the County website. Registration should be done in advance of the public meeting or any deadline specified within
the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing
how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user’s
risk. The County is not responsible for technical issues. For additional information about the meeting, please call
Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov.
Any person who decides to appeal any decision of the Board will need a record of the proceedings 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 based.
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, to the provision of certain assistance. Please contact the Collier County Facilities
Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at
least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of
County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
CHRIS HALL, CHAIRMAN
CRYSTAL K. KINZEL, CLERK
By: Yani Fernandez, Deputy Clerk
(SEAL)
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1
Business Impact Estimate
This form should be included in the agenda packet for the item under which the proposed
ordinance is to be considered and must be posted on the County’s website by the time notice of
the proposed ordinance is published.
Published on County website by: _10/23/24 _[expected legal advertising date]
Proposed ordinance’s Short Title:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2023-71 THE PRIVATE ROAD
EMERGENCY REPAIR MUNICIPAL SERVICE TAXING UNIT.
This Business Impact Estimate is provided in accordance with section 125.66(3), Florida
Statutes. If one or more boxes are checked below, this means the County is of the view
that a business impact estimate is not required by state law1 for the proposed ordinance,
but the County is, nevertheless, providing this Business Impact Estimate as a courtesy
and to avoid any procedural issues that could impact the enactment of the proposed
ordinance. This Business Impact Estimate may be revised following its initial posting.
☐ The proposed ordinance is required for compliance with Federal or State law or
regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the county government;
☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following:
a. Development orders and development permits, as those terms are defined in
Section 163.3164, and development agreements, as authorized by the Florida
Local Government Development Agreement Act under Sections 163-3220-
163.3243;
b. Comprehensive Plan amendments and land development regulation
amendments initiated by application by a private party other than Collier
County;
c. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
1 See Section 125.66(3)(c), Florida Statutes.
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2
d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
In accordance with the provisions of controlling law, even notwithstanding the fact that
an exemption noted above may apply, the County hereby publishes the following
information:
1. Summary of the proposed ordinance (must include a statement of the public purpose,
such as serving the public health, safety, morals and welfare):
This ordinance is proposed to add unpaved private roads in Collier County into a
Municipal Service Taxing Unit. The County is to be notified by the local fire districts,
or the Collier Sheriff's Office, that such roads are impassible to emergency vehicles
and such disrepair is a danger to the health, safety, and welfare 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 and ownership interest in the road by
the County.
Property owners 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,
and the like.
The governing body of the MSTU shall be the Board of County Commissioners of
Collier County, Florida.
For the purposes 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 through 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.
Private businesses that are located and/or reside within and utilize the private
roads in the MSTU will bear a portion of the tax collected.
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3
2. An estimate of the direct economic impact of the proposed ordinance on private, for-
profit businesses in the County, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur;
(b) Any new charge or fee imposed by the proposed ordinance or for which businesses
will be financially responsible; and
(c) An estimate of the County’s regulatory costs, including estimated revenues from any
new charges or fees to cover such costs.
This amendment to create the Unpaved Private Road Emergency Repair MSTU
created no direct economic impact on any business located within the MSTU. The
projected millage rate for homeowners and business owners who benefit from
using the repaired to passable condition roads would be .1000 for the year 2026.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
N/A.
4. Additional information the governing body deems useful (if any):
[You may wish to include in this section the methodology or data used to prepare the Business
Impact Estimate. For example: County staff solicited comments from businesses in the County
as to the potential impact of the proposed ordinance by contacting the chamber of commerce,
social media posting, direct mail or direct email, posting on County website, public workshop, etc.
You may also wish to include efforts made to reduce the potential fiscal impact on businesses.
You may also wish to state here that the proposed ordinance is a generally applicable ordinance
that applies to all persons similarly situated (individuals as well as businesses) and, therefore, the
proposed ordinance does not affect only businesses.]
The proposed ordinance amendment affects all property owners, not just
businesses, that benefit from the repaired to passable condition roads.
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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
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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
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I-75 S I-75 NSR 29Immokalee RD
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Prepared by the Asset & Informations Systems SectionTMSD Operations Support Division. S ept 2024
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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
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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
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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.
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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 Taxing 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)
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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
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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
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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
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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.
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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...
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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
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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
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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.
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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,
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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
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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
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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.
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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.
Page 5303 of 5419
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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.
Page 5304 of 5419
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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.
Page 5305 of 5419
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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
Page 5306 of 5419
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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
Page 5307 of 5419
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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
Page 5308 of 5419
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
Page 5309 of 5419
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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?
Page 5310 of 5419
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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.
Page 5311 of 5419
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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
Page 5312 of 5419
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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
Page 5313 of 5419
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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
Page 5314 of 5419
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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.
Page 5315 of 5419
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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
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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
Page 5317 of 5419
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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
Page 5318 of 5419
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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 –
Page 5319 of 5419
09/11/2018
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance which would create the Unpaved Private Road
Emergency Repair Municipal Service Taxing Unit (MSTU) by authorizing a levy of not to exceed
one (l.0) mil of ad valorem taxes per year.
OBJECTIVE: To protect the health, safety, and welfare of citizens by providing funding for emergency
repairs of unpaved private roads.
CONSIDERATIONS: At the June 26, 2018 Board of County Commissioners (Board) meeting, after
discussion of Agenda 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 (1.0) MIL OF AD VALOREM TAXES PER
YEAR, the Board voted to continue the Item to September. This was to provide staff time to evaluate
whether an Municipal Services Taxing Unit (MSTU) or a Municipal Services Benefit Unit (MSBU)
would be the more appropriate method of assessment to address the proposed emergency repairs of
unpaved private roads.
Staff inventoried and evaluated over 2,800 parcels on 148 existing unpaved private roads in the County.
Most of the roads are located east of Collier Blvd., though some private unpaved roads exist east of Santa
Barbara Blvd. south of Davis Blvd. The properties included in this process would consist of all properties
with their primary access from a private unpaved roadway, of all land uses and configurations, including:
Agricultural lands (cultivated land, animal breeding, etc.)
Estate lands
Single-family property (including mobile homes)
Unimproved property
Roads with single property access
Roads with multiple property access
Under the MSTU process, the cost is based on the same established millage rate applied to the taxable
value of each property. The taxable value of the property is the value after all the exemptions have been
applied. Under the MSBU process, a methodology is established to determine the benefit and fairly
apportion the assessment amongst all the benefited parcels.
Staff evaluated all the various scenarios under both processes and found that with the MSBU process the
property sizes and configuration variations made it difficult to impossible to establish a fair way to assess
each property.
For example, staff found a single road with essentially equal sized lots on each side. In that scenario, each
lot would be charged according to the road frontage. Staff also found scenarios with a single road on one
side with lots one to three deep, so there is no frontage on the road itself for the back two lots. In some
cases, the road is not a platted road and is totally on private property with no easements. Staff came across
many of these varying scenarios and concluded that the MSBU would not be a viable method of
assessment to address the proposed emergency repairs of unpaved private roads.
ORDINANCE INTENT: The proposed Ordinance is an expansion of our current policy which addresses
the issue on a road-by-road basis. Under the current policy, when it is deemed that a private unpaved road
is impassable for emergency vehicles, following notice by a fire district or the Sheriff, the County
Manager would be given the authority to do emergency repairs to the road, and then set up an after -the-
fact MSTU.
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The proposed Ordinance will establish a dedicated funding source that everybody within the taxing unit
would be assessed and would be ready to use when it is deemed that a road within the district is
impassable by a fire district, the Sheriff or other emergency responder.
The proposed ordinance establishes an opt-out provision for roads that are not likely to require
maintenance within a five (5) year period to acknowledge that some unpaved roads may be in good
condition and under continuous maintenance by the property owners utilizing the road. 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/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 subject to the tax levied.
Staff’s review of the roads and parcels resulted in a modification to the road miles affected by this
proposed Ordinance from 105 miles to 97.15 miles. The estimated taxable value remained about the same
at $293,000,000. With an average cost of $9,000 per mile for limerock road repairs, the estimated
revenues may cover repairs on approximately Thirty-two (32) miles per year.
Staff recommends that the appropriate method of assessment to address the proposed emergency repairs
of unpaved private roads is the MSTU process. Staff further recommends that the millage be set at 0.5
mils for the first (1st) year to assess the needs versus the revenues. This Ordinance establishing an MSTU
was previously authorized for advertisement at the June 12, 2018, regular meeting and the Ordinance
adoption was continued at the June 26, 2018 meeting.
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 1.0 mils per year. It is recommended that the millage is set at 0.5 mils
for the first (1st) fiscal year. Based upon a projected taxable value equal to $293,000,000, the taxes would
raise approximately $293,000 at 1.0 mils or $146,500 at 0.5 mils. The effect of the proposed MSTU,
including the tax levy implications, will not be realized until the 2019 tax year (FY2020). This assumes
that the enabling ordinance and related filings will be completed prior to December 31, 2018.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact.
LEGAL CONSIDERATIONS: This Item has been reviewed by the County Attorney. The County
Attorney reviewed staff’s findings and after discussion agreed that creating a legally-supportable
methodology to fund this MSBU was difficult if not impossible, with no demonstrable financial benefit to
either the County or the residents as a whole as compared to the MSTU approach. Accordingly, this Item
is approved as to form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: To adopt the proposed Ordinance, which would create the Unpaved Private
Road Emergency Repair Municipal Service Taxing Unit (MSTU).
Prepared By: Michelle Arnold, Director, Public Transit & Neighborhood Enhancement Division
ATTACHMENT(S)
1. Proposed Ordinance - Unpaved Road MSTU - JAK signed (PDF)
2. Legal Ad - Agenda ID #6550 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 9.C
Doc ID: 6550
Item Summary: Recommendation to adopt an Ordinance which would create the Unpaved Private
Road Emergency Repair Municipal Service Taxing Unit (MSTU) by authorizing a levy of not to exceed
one (l.0) mil of ad valorem taxes per year.
Meeting Date: 09/11/2018
Prepared by:
Title: Division Director - Pub Tran & Nbrhd Enh – Public Transit & Neighborhood Enhancement
Name: Michelle Arnold
08/28/2018 11:41 AM
Submitted by:
Title: Division Director - Pub Tran & Nbrhd Enh – Public Transit & Neighborhood Enhancement
Name: Michelle Arnold
08/28/2018 11:41 AM
Approved By:
Review:
Public Services Department Joshua Hammond Additional Reviewer Completed 08/28/2018 12:08 PM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 08/28/2018 2:08 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 08/28/2018 2:51 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/29/2018 11:47 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/29/2018 2:42 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 08/29/2018 2:52 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/01/2018 8:43 AM
Board of County Commissioners MaryJo Brock Meeting Pending 09/11/2018 9:00 AM
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I also paid attention to my neighborhood in my district to the
south who talked about improvements to the intersection, which we
need to budget for. That wasn't addressed.
So I feel that -- I look forward to another discussion at another
day when we talk about exactly what we want and where we want it
before it comes to us in the project by project by project.
Thank you.
CHAIRMAN SOLIS: Very good. Thank you. And we are now
ready for a break for our court reporter who has been powering
through.
MR. OCHS: Ten minutes, sir?
CHAIRMAN SOLIS: Ten minutes. We'll come back at 11:15.
A brief recess was had.)
MR. OCHS: Mr. Chairman, you have a live mic.
Item #9C
RECOMMENDATION TO ADOPT AN ORDINANCE WHICH
WOULD CREATE THE UNPAVED PRIVATE ROAD
EMERGENCY REPAIR MUNICIPAL SERVICE TAXING UNIT
MSTU) BY AUTHORIZING A LEVY OF NOT TO EXCEED
ONE (L.0) MIL OF AD VALOREM TAXES PER YEAR -
MOTION TO APPROVE – MOTION FAILED
MR. OCHS: We're on to Item 9C. 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.
Ms. Arnold is available to present or respond to questions and, of
course, Commissioner McDaniel was the original author of this.
COMMISSIONER McDANIEL: And before we go there, I'm
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going to make an apology. I said something that potentially could
have been perceived as disrespectful. I meant no disrespect. I'm
having trouble getting used to my new light down here, having an
opportunity to speak, and if my comment earlier was received as
disrespectful, please forgive me.
COMMISSIONER TAYLOR: Apology accepted.
COMMISSIONER McDANIEL: Got it.
Now you may go, and I'll make a motion for approval of this with
one adjustment, if I may. I would like to cap it at .3 mills, not 1.
MS. ARNOLD: For the record, Michelle Arnold, Public Transit
and Neighborhood Enhancement Division director.
This item is being brought back to you because you-all asked us
to evaluate whether or not an MSTU or BU would be appropriate.
Staff's recommendation is to go with a taxing unit where there would
be one millage applied to all properties affected.
The recommendation, too, is also to consider a .5 cap on the
millage as opposed to the 1 mill. So if you want to consider that.
With that the estimated revenues of 293 million, a .5 cap would
be -- would generate approximately 146,000.
MR. KLATZKOW: And for clarity, the ordinance just sets the
cap. The Board --
MS. ARNOLD: Right.
MR. KLATZKOW: -- at its annual budget would set the actual
millage rate, so...
COMMISSIONER McDANIEL: I understand that. I would like
to have it -- I would like to move for approval, and I would like that it
be capped at .3. I understand that we set this on an annual basis, and
the premise is staff's going to come back to us with the actual expenses
and the lot.
I just would like to offer assurance to the folks of that being the
cap. Again, the cap can be adjusted at a later date. We've all learned
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that which is created by your Board of County Commissioners can be
adjusted, so...
COMMISSIONER SAUNDERS: I'll second that.
MS. ARNOLD: The only difference, just a point of clarification,
is when you establish the cap for the actual ordinance for creating it,
you -- and then you modify it during the years, you don't have to come
back with an ordinance change. But if you're capping it at .3, you're
coming back with an ordinance change.
COMMISSIONER McDANIEL: And I'm quite comfortable with
that.
MS. ARNOLD: Okay. I just wanted to clarify.
COMMISSIONER McDANIEL: I appreciate that.
CHAIRMAN SOLIS: So there's a motion and a second.
Discussion?
COMMISSIONER FIALA: Yes. I have some questions. So this
says you're not going to pave the road, right? You're only --
MS. ARNOLD: No.
COMMISSIONER FIALA: -- going to fix the holes on the road,
right?
MS. ARNOLD: Correct.
CHAIRMAN SOLIS: I'm sorry.
COMMISSIONER FIALA: Oh, I'm sorry. Go ahead.
COMMISSIONER McDANIEL: No, no, no, please.
CHAIRMAN SOLIS: I'm trying to figure out --
COMMISSIONER McDANIEL: We're all trying to figure out
our new buttons up here.
COMMISSIONER FIALA: Mine works.
CHAIRMAN SOLIS: Yes.
COMMISSIONER FIALA: So say, for instance, the Fire
Department or Sheriff's Office doesn't report that there are big holes in
that road, they continue to pay all of this time without ever -- without
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ever getting the holes fixed or anything until somebody reports it, and
we don't know how much they're going to be paying. That's -- I hate to
refer to the stormwater, but without knowledge of how much we're
going to be putting, these people -- and a lot of these places that don't
have roads right now are not in very well-to-do neighborhoods. In
fact, I don't know of much of any, and they would still be required to
be paying into this thing for not having a road, just getting their holes
filled. Somehow I feel very uncomfortable with that.
MS. ARNOLD: The intent is to -- after this first year, to evaluate
it and determine -- you know, look at the amount of revenues that have
been collected as opposed -- for the proposed MSTU, and if there isn't
a need, there has been no issues, no Fire Department, no, you know,
emergency folks coming out to say that there is a problem, then the
millage can be, for a given year, set at zero.
So it's not something that we're continually charging property
owners for if there is no need for it.
COMMISSIONER FIALA: But you start to collect it anyway?
MS. ARNOLD: Yes.
COMMISSIONER FIALA: Even though you haven't evaluated
whether there's a need for it or not?
MS. ARNOLD: Well, there are roads out there currently that
have problems.
COMMISSIONER FIALA: Oh, I know. I've got some in my
area, you know, and one of them, which then the Fire Department has
gone out and figured. But they've contacted the owner of that whole
area, and the owner has fixed it. The people never have had to pay into
it.
Wonder if -- just as there was a penalty for that last subject,
wonder if the people can't afford to pay for it, and we're taxing them
for it, then what happens? It doesn't say anything about that in here.
MR. ARNOLD: Well, if they aren't able to pay their taxes,
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they're not paying their taxes.
COMMISSIONER FIALA: No. I'm not saying paying their
taxes. I'm saying pay for this extra tax, MSTU.
CHAIRMAN SOLIS: It will be on the Tax Collector's tax bill,
and the collection process is what it is.
MS. ARNOLD: Right.
COMMISSIONER McDANIEL: Correct.
COMMISSIONER FIALA: And so -- and then, in other words,
they could take the house because they didn't pay this MSTU?
MS. ARNOLD: No.
MR. KLATZKOW: Yes.
CHAIRMAN SOLIS: Yes.
COMMISSIONER McDANIEL: Yes. Eventually.
MR. KLATZKOW: Yes, it's a possibility.
COMMISSIONER McDANIEL: Can I say something, Mr.
Chair?
CHAIRMAN SOLIS: Sure.
COMMISSIONER McDANIEL: You understand there's a
process that goes along with this. If you cannot afford to pay your
taxes, the county tax collector gathers up those unpaid tax bills, creates
a cert and sells those bulk to investors.
COMMISSIONER FIALA: Right.
COMMISSIONER McDANIEL: And then you can't afford to
pay the second year, the same thing happens. You can't afford to pay
the third year, the same happens, and then the recipient of the first year
has that right to call for a tax deed and force the sale of the property to
be repaid the taxes that they have.
It necessarily can be longer, but it's a three- to four-year process,
and that's the system that is in place that we've -- that has been, in fact,
being utilized.
COMMISSIONER FIALA: I understand that.
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COMMISSIONER McDANIEL: It's just not drop the hammer
because of --
COMMISSIONER FIALA: Because of a new tax that we feel we
need to put in place, right?
COMMISSIONER McDANIEL: That's correct.
COMMISSIONER FIALA: And they might not use? Well, that's
just what she said. The first year, even though they're going to start
collecting it, they don't know that they really need it. They're going to
after a year, they're going to evaluate, right?
COMMISSIONER McDANIEL: And, Commissioner Fiala --
COMMISSIONER FIALA: Yes.
COMMISSIONER McDANIEL: -- this is a known fact. You've
served as our county commissioner, one of them, for coming on 20
years by the end of this term. You know this circumstance exists. We
have immeasurable health, safety, and welfare issues for residents, one
of which is sitting right over there who we have access issues getting
to emergency services to protect the health, safety, and welfare of our
residents.
We have over 105 miles of these roads within our community. It
is, per our ordinances and our laws, the obligation of the property
owners that live and/or own property on these roads to maintain them.
The inequity that has, in fact, transpired over these years is only a few
of us pay.
COMMISSIONER FIALA: What I'm trying to say is, if you've
got a road that's so bad -- and you've spoken to us before, so we
remembered how bad it was, and I think we've even seen pictures, fine,
so you could apply -- there's the difference. This is what I was trying to
say -- apply to have an MSTU put on your road.
COMMISSIONER McDANIEL: Correct.
COMMISSIONER FIALA: And that would be a great thing
because, you know, for the most part, maybe not 50 percent, but most
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of the people would agree with doing that and paying into this MSTU,
but for a place that's never had a problem and doesn't expect to have a
problem, not as many are bad -- as bad as that, couldn't they apply
instead of just blanketly --
COMMISSIONER McDANIEL: Well -- and just for your -- and
you know I'm the president of the Corkscrew Island Neighborhood
Association. In excess of 50 of these hundred-plus miles exist right
there in my neighborhood. We provided for an exemption process for
those who wish to care for their --
COMMISSIONER FIALA: Yeah, but did you read it?
COMMISSIONER McDANIEL: Yes, I did. And so we
provided for an exemption process for those that have a maintenance
program on their -- on their road to provide for that capacity to be
exempted from this exposure.
COMMISSIONER FIALA: I won't say any more. I have a vote.
That's a good thing.
COMMISSIONER McDANIEL: Yes, you do.
CHAIRMAN SOLIS: Ms. Taylor; Commissioner Taylor.
COMMISSIONER TAYLOR: Are we sure that we know the
ownership of all of the abutting properties along these roads; is it
clear?
MS. ARNOLD: Yes, we do.
COMMISSIONER TAYLOR: Okay.
MS. ARNOLD: That's a part of what staff did between your last
meeting and now.
COMMISSIONER TAYLOR: Okay. So there's no ambiguity?
MS. ARNOLD: (Shakes head.)
COMMISSIONER TAYLOR: Okay. And I think I understand,
Commissioner Fiala, your concern, because, you know, why should I
pay for a road that -- my road is perfect in front of my house. Why
should I pay for it somewhere else?
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COMMISSIONER FIALA: No, it's not somewhere else. I'm just
even thinking of their own road. You know, if their own road is not
paved -- well, you know, we have a number of them here in this area.
COMMISSIONER TAYLOR: Yes.
COMMISSIONER FIALA: And it's not -- but they don't have
any problems with it.
COMMISSIONER TAYLOR: Right.
COMMISSIONER FIALA: Right? Why should they have to
pay into an MSTU? That's what I'm saying.
COMMISSIONER TAYLOR: I'm interested -- then I would ask
you, sir. You've initiated this.
COMMISSIONER McDANIEL: Well, the rationale is, again, for
those of us that access our properties on a private road. I live at the
end of a mile-long private road. I also own a rock company, and I also
own my own motor grader, so I have an okay road. But for my tenure
there, all of the property owners that receive the benefit of my keeping
my road up, because it's my driveway, don't pay in, don't give -- don't
contribute to the maintenance or the rock or the diesel fuel or my time
while I'm up there jamming on the levers to grade my own road.
And this inequity occurs all over our county. And so we have
vacant property owners that receive the value of others' input. My
neighborhood association three years ago went for a process to do
something just in the sanctuary area, and the folks -- Pastor John
Hanson and his group went out, raised a whole bunch of money, and
people went to the cause, and then, again, only a few put in and many
took advantage of the other people's niceties.
This is a way, with a, relatively speaking, low impact to secure
revenue from everybody that lives on these roads, has property on
these roads, number one. Number two, we already have an MSTU in
the Rock Road area. Our staff has shown that through continued
maintenance, through continued upgrades, the cost to keep those roads
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traversable for emergency services averages less than $2,000 a mile.
Under the current program that we have and have had forever, we are
in excess of $10,000 a mile because we have to declare a state of
emergency, go in, expend a bunch of money, and then tax -- force
those people that are accessing their properties to do that. So there's
multiple rationales for this to come about, so, there.
CHAIRMAN SOLIS: Anything else?
COMMISSIONER TAYLOR: Nope.
CHAIRMAN SOLIS: And your name is on here, but I think
you've said what you wanted to say.
COMMISSIONER McDANIEL: I have.
CHAIRMAN SOLIS: Okay. I'm just going to say what I said
before. Especially in light of the lesson we learned with the
stormwater utility, I just -- I can't support it. And I understand the
concern, but right now we have a system for going in and, if there's a
public safety issue, repairing a road that needs to be repaired.
We're going to be taxing, raising private -- we're going to be
taxing people to have a fund to improve privately owned roads which I
just -- I have a fundamental issue with. And I think if there's anything
that I learned from the stormwater issue is that there are certainly
people that are going to be impacted by this that have chosen to live on
private roads because they didn't want to live on a public road, so --
and I understand the concerns, but I just -- I can't support it.
COMMISSIONER TAYLOR: May I ask a question? What does
it take to change a private road to public?
COMMISSIONER McDANIEL: Oh.
MR. KLATZKOW: Typically, what the county would request is
that everybody on that road be willing to deed the county the
right-of-way, because you have to have the whole road. You can't just
have pieces that are missing.
COMMISSIONER TAYLOR: Is it a majority?
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MR. KLATZKOW: No, no, no, it's everybody.
CHAIRMAN SOLIS: Each person.
MR. KLATZKOW: It's everybody, which makes it very, very
difficult.
CHAIRMAN SOLIS: And I think -- also I think the unintended
consequence of this, that I could foresee, is that it will disincentivize
people that would have otherwise maintained the road themselves. I
mean, if I'm going to be paying into an MSTU, why would I ever -- I
would just -- I'm just going to wait for the county to do it, and that's -- I
can just see that happening.
So I've said what I -- I don't want to debate it with you, because I
don't think I'm going to change my mind, but --
COMMISSIONER McDANIEL: Okay.
CHAIRMAN SOLIS: And I understand the issues.
COMMISSIONER McDANIEL: You couldn't be more incorrect.
CHAIRMAN SOLIS: Well --
COMMISSIONER McDANIEL: Just so you know, you couldn't
be more incorrect with regard to that. I mean --
CHAIRMAN SOLIS: So could you.
COMMISSIONER McDANIEL: I have --
CHAIRMAN SOLIS: I understand.
COMMISSIONER McDANIEL: -- lived in these neighborhoods
and work with these people, and your perceptions are incorrect.
CHAIRMAN SOLIS: Well, I know people that live on these
roads as well, and some of them don't want to be taxed to maintain the
road. And I don't think that's incorrect that some people might
disagree with paying taxes to maintain a private road.
So having said that, any other comments? Discussion?
Commissioner -- I'm sorry. Commissioner Saunders.
COMMISSIONER SAUNDERS: Just a quick comment. This is
Commissioner McDaniel's district. He lives there and understands the
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needs, and I'm going to support the motion. I do have concerns about
levying taxes as well, but --
COMMISSIONER McDANIEL: We all do.
COMMISSIONER SAUNDERS: -- I'm going to follow the lead
of the commissioner that has personal knowledge of what's needed out
there.
CHAIRMAN SOLIS: That's it?
Okay. Next is Commissioner Fiala.
COMMISSIONER FIALA: Yes. Michelle?
MS. ARNOLD: Yes.
COMMISSIONER FIALA: Can, say, a development or a road or
whatever opt in to do this and just say, you know, I care about my
road. If they don't care about it on the next road, that's fine, but we
want to pay into an MSTU so that whenever it happens, we've already
got it going. Can that happen? I mean, this way, then, you can take
people that really want to be taxed for it, and you've got them in line
rather than somebody that doesn't have a problem and doesn't think
they'll ever have a problem and they would probably fight it. So is
there a way to do that?
MS. ARNOLD: The way the ordinance is written is to include all
private roads.
COMMISSIONER FIALA: I know. I've read it. Oh, I'm sorry.
Go ahead. Say it anyway.
MS. ARNOLD: All private roads that are unpaved, and if
someone has a maintenance plan and wants to opt out, they can do that.
So we would be taxing all those that are affected, you know, that fall
under that criteria.
COMMISSIONER FIALA: Okay.
CHAIRMAN SOLIS: Any other discussion?
No response.)
CHAIRMAN SOLIS: There's a motion by Commissioner
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Saunders and a second, I believe, by Commissioner McDaniel.
COMMISSIONER SAUNDERS: I think Commissioner
McDaniel made the motion.
CHAIRMAN SOLIS: Other way around?
COMMISSIONER McDANIEL: Six of one.
CHAIRMAN SOLIS: Okay. My bad. Motion by Commissioner
McDaniel, second by Commissioner Saunders. All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
COMMISSIONER FIALA: Aye.
COMMISSIONER TAYLOR: Opposed.
CHAIRMAN SOLIS: Motion, I believe, fails 3-2.
Item #9D
RESOLUTION 2018-154: THE ANNUAL ASSESSMENT
RESOLUTION (1) UPDATING THE CAPITAL COST AND
ASSESSMENTS, AND (2) ADOPTING THE NON-AD VALOREM
ASSESSMENT ROLL FOR THE CASSENA ROAD POTABLE
WATER MUNICIPAL SERVICES BENEFIT UNIT (MSBU)
WHICH WILL PROVIDE FOR CONNECTIONS TO THE
COUNTY’S POTABLE WATER SERVICE TO THE AFFECTED
PROPERTIES – ADOPTED
MR. OCHS: Mr. Chairman, that takes us to Item 9D, which was
previously Item 17G on your summary agenda. This is a
recommendation to adopt the annual assessment resolution updating
the capital cost and assessments and adopting non-ad valorem
assessment roll for Cassena Road potable water municipal service
benefit unit which will provide for connections to the county's potable
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c cor couRT n 1 7 G
%, Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel
1 g ,. Collier County, Florida
3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324
*o ��* Phone: (239) 252-2646
1�R couNrl+4-
Affidavit of Publication
COLLIER COUNTY STATE OF FLORIDA
Before the undersigned authority personally appeared
Jennifer Hansen, who on oath says that he or she is a
Deputy Clerk of the Circuit Court of Collier County,
Florida; that the attached copy of advertisement,
Unpaved Roads MSTU Ordinance amendment-(BCC
11/12/2024)was published on the publically accessible
website https://notices.collierclerk.com as designated by
Collier County, Florida on 10/23/2024 until 11/14/2024.
Affiant further says that the website complies with all
legal requirements for publication in chapter 50, Florida
Statutes.
r`
Jo A .
Affiatit'S igri ature)
\ -L"�Y1.L-1 .✓' c Y.
•(Affiant Printed Name)
: ;Sword to'and subscribed before me this 11/14/2024
Crysta,1 K. Krnzel:Clerlcof the Circuit Court&
Comet'.
(fi '' Perk Signatur•
IF A., a' 1 _LL (t IWO
(Des ty Clerk Printe. Name) Dat
17G
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners
commencing at 9:00 a.m.on November 12,2024,in the Board of County Commissioners meeting room,third floor,
Collier Government Center,3299 East Tamiami Trail,Naples,FL,to consider:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2023-71, THE PRIVATE ROAD
EMERGENCY REPAIR MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR
THE BOARD OF COUNTY COMMISSIONERS TO BE THE UNIT'S GOVERNING
BODY; PROVIDING FOR LEVY OF ONE (1) MIL OF AD VALOREM TAXES PER
YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR AN OPT-
OUT MECHANISM; 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.
A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection.All interested
parties are invited to attend and be heard.
All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the
agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an
individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson
for a group or organization may be allotted 10 minutes to speak on an item.Written materials intended to be considered
by the Board shall be submitted to the appropriate County staff a minimum of 7 days prior to the public hearing.All
materials used in presentations before the Board will become a permanent part of the record.
As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide
public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate
remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events
on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted
on the County website.Registration should be done in advance of the public meeting or any deadline specified within
the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing
how they can participate remotely in this meeting.Remote participation is provided as a courtesy and is at the user's
risk. The County is not responsible for technical issues. For additional information about the meeting, please call
Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov.
Any person who decides to appeal any decision of the Board will need a record of the proceedings 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 based.
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, to the provision of certain assistance. Please contact the Collier County Facilities
Management Division, located at 3335 Tamiami Trail East, Suite 101,Naples,FL 34112-5356, (239)252-8380,at
least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of
County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
CHRIS HALL,CHAIRMAN
CRYSTAL K.KINZEL,CLERK
By:Yani Fernandez,Deputy Clerk
(SEAL)
l'`�CviT couRp� 1 7 G
(64
4.
o Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel
r Collier County, Florida
ki 3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324
Phone: (239) 252-2646
oltlRR COUNri,"9
Affidavit of Publication
COLLIER COUNTY STATE OF FLORIDA
Before the undersigned authority personally appeared
Jennifer Hansen,who on oath says that he or she is a
Deputy Clerk of the Circuit Court of Collier County,
Florida; that the attached copy of advertisement,
Business Impact Estimate-Unpaved Roads MSTU
Ordinance amendment was published on the publically
accessible website https://notices.collierclerk.com as
designated by Collier County, Florida on 10/23/2024
until 11/14/2024.
Affiant further says that the website complies with all
legal requirements for publication in chapter 50, Florida
Statutes.
1' UL
Wfiant Signatu )',,
-4. ., �kV C, G
: (Affiant Print d Name)
S,wo'rn-ip andrsubrribed before me this 11/14/2024
.Crystal K kthief Clerl of the Circuit Court&
• Comptr,.
5 r,I erk Sign,ture')
it. A' i i //' ' tilitlia-cf
(►eputy Clerk Pr' ted Name) Date
17G
Business Impact Estimate
This form should be included in the agenda packet for the item under which the proposed
ordinance is to be considered and must be posted on the County's website by the time notice of
the proposed ordinance is published.
Published on County website by: 10/23/24 [expected legal advertising date]
Proposed ordinance's Short Title:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2023-71 THE PRIVATE ROAD
EMERGENCY REPAIR MUNICIPAL SERVICE TAXING UNIT.
This Business Impact Estimate is provided in accordance with section 125.66(3), Florida
Statutes. If one or more boxes are checked below, this means the County is of the view
that a business impact estimate is not required by state law1 for the proposed ordinance,
but the County is, nevertheless, providing this Business Impact Estimate as a courtesy
and to avoid any procedural issues that could impact the enactment of the proposed
ordinance. This Business Impact Estimate may be revised following its initial posting.
❑ The proposed ordinance is required for compliance with Federal or State law or
regulation;
❑ The proposed ordinance relates to the issuance or refinancing of debt;
❑ The proposed ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
❑ The proposed ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the county government;
❑ The proposed ordinance is an emergency ordinance;
❑ The ordinance relates to procurement; or
❑ The proposed ordinance is enacted to implement the following:
a. Development orders and development permits, as those terms are defined in
Section 163.3164, and development agreements, as authorized by the Florida
Local Government Development Agreement Act under Sections 163-3220-
163.3243;
b. Comprehensive Plan amendments and land development regulation
amendments initiated by application by a private party other than Collier
County;
c. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
1 See Section 125.66(3)(c), Florida Statutes.
1
d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. 7 G
In accordance with the provisions of controlling law, even notwithstanding the fact that
an exemption noted above may apply, the County hereby publishes the following
information:
1. Summary of the proposed ordinance (must include a statement of the public purpose,
such as serving the public health, safety, morals and welfare):
This ordinance is proposed to add unpaved private roads in Collier County into a
Municipal Service Taxing Unit.The County is to be notified by the local fire districts,
or the Collier Sheriffs Office, that such roads are impassible to emergency vehicles
and such disrepair is a danger to the health, safety, and welfare 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 and ownership interest in the road by
the County.
Property owners 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,
and the like.
The governing body of the MSTU shall be the Board of County Commissioners of
Collier County, Florida.
For the purposes 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 through 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.
Private businesses that are located and/or reside within and utilize the private
roads in the MSTU will bear a portion of the tax collected.
2
2. An estimate of the direct economic impact of the proposed ordinance on private, for- 17 G
profit businesses in the County, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur;
(b) Any new charge or fee imposed by the proposed ordinance or for which businesses
will be financially responsible; and
(c) An estimate of the County's regulatory costs, including estimated revenues from any
new charges or fees to cover such costs.
This amendment to create the Unpaved Private Road Emergency Repair MSTU
created no direct economic impact on any business located within the MSTU. The
projected millage rate for homeowners and business owners who benefit from
using the repaired to passable condition roads would be .1000 for the year 2026.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
N/A.
4. Additional information the governing body deems useful (if any):
[You may wish to include in this section the methodology or data used to prepare the Business
Impact Estimate. For example: County staff solicited comments from businesses in the County
as to the potential impact of the proposed ordinance by contacting the chamber of commerce,
social media posting, direct mail or direct email, posting on County website, public workshop, etc.
You may also wish to include efforts made to reduce the potential fiscal impact on businesses.
You may also wish to state here that the proposed ordinance is a generally applicable ordinance
that applies to all persons similarly situated(individuals as well as businesses) and, therefore, the
proposed ordinance does not affect only businesses.]
The proposed ordinance amendment affects all property owners, not just
businesses, that benefit from the repaired to passable condition roads.
3