Agenda 03/10/2015 Item #11B 3/10/2015 11 .B.
EXECUTIVE SUMMARY
Recommendation to recognize a portion of Rock Road, from Immokalee Road to Mingo
Road within the Rock Road Municipal Service Taxing Unit (MSTU), which has been
regularly maintained by the County for more than the immediate past seven years: (1) as
having been dedicated and deeded to the County as a public road; (2) to approve a
Resolution in support; (3) to authorize the Board's Chairman to file a map with the Clerk
of Court certifying ownership has vested with the County; and, (4) to authorize a loan in
the amount of $285,000 to the Rock Road MSTU for the purpose of paving that portion of
Rock Road from Immokalee Road to Mingo Road, and to approve all necessary budget
amendments.
OBJECTIVE: To certify that an approximately one mile portion of Rock Road, from Immokalee Road
to Mingo Road, is deemed to be dedicated and vested in the County as a public road and to advance the
Rock Road Municipal Service Taxing Unit (the MSTU) funding for the paving of that portion of Rock
Road from Immokalee Road to Mingo Road,with a maximum fifteen year repayment schedule.
CONSIDERATION: On September 13, 2006,the Board issued a declaration of emergency for the Rock
Road area, asserting that the poor condition of the then existing road created a health and safety concern
by severely limiting access to emergency vehicles. At that time, the Board authorized the county's
Transportation Division to immediately commence emergency repairs to Rock Road and the surrounding
side streets to make them passable. The Road Maintenance Department executed the initial repairs over
a three day period commencing on September 14,2006. Thereafter,the Board of County Commissioners
created the MSTU by enacting Ordinance No. 2006-56 on November 28, 2006. Since the Board's initial
declaration of emergency, Collier County directly and through the MSTU has been regularly maintaining
Rock Road within the MSTU's defined boundaries for more than the immediate past seven(7)years.
Following an inquiry by the MSTU's Advisory Committee about the possibility of paving Rock Road,the
Growth Management Division presented a proposal in January 2015 that would involve the county
carrying out the paving project by laying 2 inches of asphalt on the road. The estimated cost to pave the
road would be approximately $285,000. That cost does not include installing culverts or raising the
elevation of the road but would include some grading of the adjacent ditches as required to apply the
asphalt.
The MSTU Advisory Committee held a public meeting on Feb 4, 2015 to review the proposal with the
community. There was considerable public comment regarding the paving proposal. Many residents
spoke out in favor of the proposal as they believe the improvements will be a safety enhancement for the
community. This initiative to pave the road has been discussed by the MSTU over the past three years.
During the meeting on February 4th the MSTU Advisory Committee approved a motion (3 to 0) to
recommend to the Board of County Commissioners that the County take action to make Rock Road from
Immokalee Road to Mingo Road, a public Road and to advance the $285,000 to pave the road.
Florida Statutes Section 95.361(2) states, in part,that a county that regularly maintains a road constructed
by a nongovernmental entity for the immediate past seven (7)years is deemed to have been dedicated the
road to the extent of the width actually maintained; and that the dedication vests all rights, title, easement
and appurtenances to the road in the county, whether or not there is a record of conveyance, dedication or
appropriation to the public use. Once the County files a map certified by the Chairman and the Clerk of
Court showing the land where the road is located, and reciting on that map that the road has vested in the
county,the county is deemed the prima facie owner of the road.
In response to the MSTU Advisory Committee's request, staff is bringing this item to the Board for
consideration and action. Given the fact that the original property owner of the road is a defunct
corporation and no longer exists, this creates a unique situation for the MSTU with no defined ownership
1
Packet Page-156-
3/10/2015 11.B.
to protect the public investment of the MSTU. Under these circumstances staff is in support of the
County acquiring the right of way. Attached in support of this action is a Resolution certifying ownership
has vested in the County, along with a map indicating the designated portions of Rock Road that are now
deemed to be public road, which is to be filed with the Clerk of the Circuit Court as prima facie evidence
of ownership of the road by the County.
In order to afford the paving of the road the County would be required to implement an internal financing
arrangement with the MSTU that would not be legally permissible without the formal declaration of the
portion of the road in questions as a public roadway. With the Board's approval to certify that Rock Road
has been deemed dedicated and deeded to the County,the financing for the pavement may move forward.
The Rock Road MSTU, after considering operating and ongoing maintenance costs, generates enough
funds per year that could be used as a loan repayment source.
After the road is paved the County will be responsible for the ongoing maintenance of the one-mile
stretch of Rock Road from Immokalee Road to Mingo Road. The property owners located adjacent to the
paved road will continue to be responsible for the maintenance of the adjacent swales and connecting
driveways.
FISCAL IMPACT: The cost for the paving project is estimated at$285,000 and will be paid for by the
County initially through the Unincorporated Area General Fund (111) or other appropriate fund loan
source with the MSTU reimbursing the County over 15 years. Funds are and will be available within the
MSTU Fund 165 to repay this loan.
GROWTH IMPACT: There is no growth impact associated with this Executive Summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote
for Board approval.—SRT
RECOMMENDATION: That the Board of County Commissioners recognize a portion of Rock Road,
from Immokalee Road to Mingo Road within the Rock Road Municipal Service Taxing Unit, which the
County has regularly maintained for more than the immediate past seven years, as having been dedicated
and deeded to the County as a public road; to approve a Resolution in support thereof; to authorize the
Chairman and the Ex Officio Clerk to the Board to file a map with the Clerk of Court certifying
ownership has vested with the County; and to authorize entering into an internal financing arrangement
with the MSTU in the amount of$285,000 to be repaid over a maximum of 15 years, and to approve all
necessary budget amendments.
Prepared by: Harry Sells,Project Manager, Alternative Transportation Modes Department
Attachment: (1) Resolution Certifying Ownership Vested in the County, (2)Roadway Legal Description,
Map/Sketch and Certification; (3)Map of Rock Road; (4)Feb 4, 2015 MSTU Minutes
2
Packet Page-157-
3/10/2015 11 .B.
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.B.
Item Summary: Recommendation to recognize a portion of Rock Road, from Immokalee
Road to Mingo Road within the Rock Road Municipal Service Taxing Unit (MSTU), which has
been regularly maintained by the County for more than the immediate past seven years: (1) as
having been dedicated and deeded to the County as a public road; (2)to approve a Resolution
in support; (3)to authorize the Board's Chairman to file a map with the Clerk of Court certifying
ownership has vested with the County; and, (4) authorize a loan in the amount of$285,000 to
the Rock Road MSTU for the purpose of paving that portion of Rock Road from Immokalee Road
to Mingo Road.
Meeting Date: 3/10/2015
Prepared By
Name: SellsHarry
Title:VALUE MISSING
2/9/2015 9:21:30 AM
Submitted by
Title:VALUE MISSING
Name: SellsHarry
2/9/2015 9:21:31 AM
Approved By
Name: TownsendAmanda
Title:Director-Operations Support,Public Services Department
Date: 2/10/2015 4:25:56 PM
Name: ArnoldMichelle
Title:Director-Public Transit&Nbrhd Enh,Public Transit&Neighborhood Enhancemt
Date: 2/18/2015 9:49:47 AM
Name: SotoCaroline
Title:Management/Budget Analyst, GMD Construction&Maintenance Admin
Packet Page-158-
3/10/2015 11.B.
Date: 2/18/2015 1:41:51 PM
Name: CarnellSteve
Title: Administrator-Public Services, Public Services Department
Date: 2/24/2015 12:00:23 PM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 2/25/2015 11:28:00 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/25/2015 4:04:16 PM
Name: FinnEd
Title:Management/Budget Analyst, Senior,Transportation Engineering&Construction Management
Date: 2/27/2015 2:24:44 PM
Name: OchsLeo
Title: County Manager,County Managers Office
Date: 3/3/2015 11:06:26 AM
Packet Page-159-
3/10/2015 11 .B.
Rock Road MSTT.J
Advisory Committee
3299 Tamiami Trail, Suite 103
Naples, FL 34112 '
Minutes
February 4, 2015
3:3o pm
I. The meeting was called to order by Chairman,Doug Allemong, at 3:30 p.m. at the Big
Corkscrew Island Fire Department, 13240 Immokalee Road,Naples FL.
II. Attendance Roll Call
Present:
Members Staff
Mr. Douglas Allemong(Chairman) Michelle Arnold
Mr. Tom Brooks John Vliet
Mr. Chuck Wilson Travis Gossard
Commissioner Tim Nance
Public
# Members of the public were present. See attached list
A Quorum of three board members was present.
III. Approval of the Agenda
Motion by Doug Allemong to approve the Agenda as written. Seconded by Tom Brooks.
Motion carried 3-0.
IV. Approval of minutes: December 2,2014
Motion by Doug Allemong to approve the minutes as written. Seconded by Chuck Wilson.
Motion passed 3-0.
V. Project Manager's Report- Harry Sells
A. Budget Report
Harry Sells was not present at the meeting due to a conflict with another MSTU. In his
absence, Michelle Arnold reviewed the Budget Report with the group. Doug Allemong
explained to the group that the MSTU Committee has been consciously accumulating funds
so that they could afford to move forward with the paving project for Rock Road. As of the
reporting of the budget,there is approximately $53,206 in cash in the account.
B. Rock Road Paving Project—Commissioner Nance
1
Packet Page-160-
3/10/2015 11 .B.
Commissioner Nance spoke about what needed to be done in order for the roadway to be
improved.
• Rock Road from Immokalee Road to Mingo Road would have to be accepted by the
County because currently the road is in the name of a defunct corporation.
• The County would put together a plan for the development of a quality road for that
portion of the road.
• The County would maintain the road after it is paved.
John Vliet and Travis Gossard gave some details about the proposed paving project
construction. Travis informed the group that the aprons along the road would also be
paved to prevent erosion. The road will be built at a high quality with 2 1/2 inches of
asphalt. The life expectancy of the road will be 20 years. Any repairs to the road will be
completed by the County.
There were a number of questions from the public in attendance at the meeting. Someone
inquired about the timeframe for the paving and Commissioner Nance indicated that they
would try to do it before the upcoming rainy season.
Someone else asked how far the aprons of the adjacent side roads would be paved. Travis
responded that the side roads would be paved about 5 feet to ensure the road would be
protected. He clarified that driveways adjacent to the road will also be paved about 5 feet
for the same reason.
There was a question about who would own the road. The County would own the road.
Travis mentioned that they would probably ask that the right-of-way would be 60 feet in
width and a 20 foot portion of the road will be paved down the center. The County's
maintenance responsibility will only cover the paved road and no mowing or maintenance
of drainage.
Chuck Wilson asked whether the loan to the MSTU would be an interest free loan.
Commissioner Nance informed the group that a response to that question would have to be
confirmed with Mark Isackson.
It was explained that the request will have to be presented to the full Board of County
Commissioners for a decision whether to make the road public and authorize the loan for
the project. The group was told that they would be notified when the request would be
placed on a Board Agenda. Commissioner Nance suggested that the item be "time certain"
so that the community members that wanted to attend could be there at a specific time.
John Vliet indicated that the estimate that was obtained did not include side strips (or sod)
for stabilizing the sides of the road and that would be an additional cost. He also indicated
that no drainage was included in the project. Travis Gossard noted that they would do what
they could to ensure that the cost was fair.
2
Packet Page-161-
3/10/2015 11 .B.
After the discussion Chairman Doug Allemong motioned to approve the plan for
submission to the BCC's consideration. Chuck Wilson seconded the motion. The motion
•
was approved unanimously.
VI. Old Business
Election of a Vice Chairman. Because Mr. Brooks was not present at the last meeting the
selection of a Vice-Chairman was tabled until this meeting. The committee nominated
Tom Brooks who graciously accepted the position. Having no other nominations,Mr.
Brooks was elected Vice Chairman of the MSTU.
VII. New Business
There was no new business
VIII.Public Comment
One of the community members, Jean <asked about the mailboxes at the entrance into
the community. She wanted to know who owned them and who maintained them. She was
told that the mailboxes were privately owned and were not the business of the MSTU.
Each property owner is welcome to repair and/or replace the boxes. Commissioner Nance
mentioned that when the road is paved the post office will deliver mail along the paved
portion of the road. He also mentioned that the school bus may come down the road to
drop children off after school.
IX. Member Comment
No additional Member Comment.
X. Adjournment.
The meeting was adjourned at 4:12 p.m. by Chairman Doug Allemong.
The next meeting time & date will be determined by the advisory committee
ROCK ROAD M.S.T.U.ADVISORY
COMMITTEE
Doug Allemong,Chairman
The Minutes were approved by the Committee Chair on , 2015,
"as submitted" [ 1 OR"as amended" [ 1.
3
Packet Page-162-
3/10/2015 11 .B.
Public in Attendance
Mark Bell Kim Bell Marysia Batty
Carol Allemong Betty Wilson Greg Davenport
Jean Hostetter Earl E. Lightcap Renne d'Arcy
Rich Lewis
4
Packet Page-163-
RESOLUTION NO.2015-
3/10/2015 11 .B."
A RESOLUTION OF THE BOARD OF COUNTY COMMISIONERS OF COLLIER
COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN AND CLERK OF COURT
TO CERTIFY AND FILE THE MAP SKETCH OF A PORTION OF ROCK ROAD,
FROM IMMOKALEE ROAD TO MINGO ROAD SITUATED WITHIN THE ROCK
ROAD MUNICIPAL SERVICE TAXING UNIT, IN ACCORDANCE WITH SECTION
95.361(3),FLORIDA STATUTES
WHEREAS, on September 13, 2006, the Board of Collier County Commissioners (the
"Board") issued a declaration of emergency for the Rock Road area, asserting that the poor
condition of the then existing road created a health and safety concern by severely limiting
access to emergency vehicles;and
WHEREAS, at that time the Board further directed County staff to immediately
commence emergency repairs to Rock Road and the surrounding side streets to make them
passable for vehicular traffic and such repairs were then made;and
WHEREAS, on November 28, 2006, the Board of Collier County Commissioners
adopted Ordinance No. 2006-56, as amended, establishing the Rock Road Improvement
Municipal Service Taxing Unit(the"MSTU");and
WHEREAS, the MSTU was created for the purpose of providing and maintaining
roadway improvements including but not limited to attendant facilities such as drainage,
sidewalks,and street lighting;and
WHEREAS, the portion of Rock Road as described in the map sketch and legal
description attached hereto as Exhibit "A" (hereafter, the "Subject Parcel") was never formally
established as a public road;and
WHEREAS,Florida Statutes Section 95.361(2)states,in part,that a county that regularly
maintains or repairs a road constructed by a nongovernmental entity for the immediate past seven
(7) years is deemed to have been dedicated the road, to the extent of the width actually
maintained,and that the dedication vests all rights,title, easement and appurtenances to the road
in the County,whether or not there is a record of conveyance,dedication or appropriation to the
public use;and
WRFREAS, the County has regularly maintained or repaired the Subject Parcel for the
immediate past seven (7) years as described in the affidavit of Michelle Arnold, Public Transit
and Neighborhood Enhancement Department Director,attached hereto as Exhibit`B;"and
WHEREAS, Section 95.361(3),Florida Statutes,provides that the filing of a map in the
office of the Clerk of the Circuit Court of the county where the road is located showing the lands
�a
Packet Page-164-
3/10/2015 11 .B.
and reciting on it that the road has vested in the county in accordance with Section 95.361(2),
Florida Statutes, duly certified by the Chairman and Clerk of the Board of County
Commissioners, shall be prima facie evidence of ownership of the road by the county (See
sample Certification attached hereto as Exhibit"C");and
WHEREAS, the Board of Commissioners of Collier County wishes to authorize the
Chairman and the Clerk to the Board of County Commissioners to certify and file the map sketch
of the Subject Parcel in the office of the Clerk of the Circuit Court of Collier County, Florida in
accordance with Section 95.361(3),Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
1. All of the above Recitals are true and correct and are hereby expressly incorporated
herein by reference as if set forth fully below.
I 2. The Chairman and the Clerk to the Board of County Commissioners are authorized
and directed to certify and file the map of the section of Rock Road as situated and
reflected on the attached map sketch and corresponding legal description attached
hereto as Exhibit"A" and the executed Certification attached as Exhibit"C," in the
office of the Clerk of the Circuit Court of Collier County,Florida in accordance with
Section 95.361(3),Florida Statutes.
3. This resolution shall take effect immediately upon adoption.
This resolution adopted after motion, second and majority vote favoring same, this 10th
day of March,2015.
AT1"EST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,CLERK COLLIER COUNTY,FLORIDA
By: By:
TIM NANCE,CHAIRMAN
Ap r ved as to rm and legality:
tf- 4.....t L
ip
Scott It Teach
Deputy County Attorney
2 E
P
1
acket Page-165-
3/10/2015 11 .B.
trier
Growth Management Division
Land Development Services
Sketch & Description for Dedication of Rock Road In Accordance with Section
95.361, Florida Statutes,
Part of Section 29, Township 48 South, Range 27 East, Collier County, Florida.
(Rock Road, 60 foot wide Right-of-Way)
The East 30 feet of the West%of the East'/2 of Section 29, Township 48 South,
Range 27 East, Collier County, Florida; LESS AND EXCEPT The Northerly
189.18 feet of the East 30 feet of the Northwest 1/ of the Northeast'/4, less the
North 100 feet previously dedicated for State Highway#846. (Immokalee Road)
The West 30 feet of the East 1/2 of the East 1/2 of Section 29, Township 48 South,
Range 27 East, Collier County, Florida; LESS AND EXCEPT The Northerly
179.18 feet of the West 30 feet of the Northeast % of the Northeast'/, less the
North 100 feet previously dedicated for State Highway#846. (Immokalee Road)
Subject to Easements and Restrictions of Record.
2..
2 n, ,0 t .�.
Marcus L. Berman, P.S.M.
Florida Surveyor and Mapper LS 5086
Collier County Surveyor
Date: 2/14/2014
Ref Dwg No.: 2014-002
Rev: 2/18/14
Rev: 3/11/14
Rev: 3/03/15
Page 1 of 3
EXHIBIT "A"
Packet Page-166-
3/10/2015 11.B.
Sketch A Description for SedicatIon 6 Rock Road In Accordance with Section 25.321,Florida Statutes
Bart of Section 22,Township IBS South,Hinge 27 Est,Collier County,Florida.
(Koch Road,■•u,Foot Wide Wi 1, Of-Wiry)
I00'CANAL R/W
NORTH LINE OF SECTION 29,too' R/W
IMMOKALEE ROAD
' LESS AND EXCEPT NORTH 00.18' %
6 9 20 21
WEST 30 FEET
OF THE EAST 1/2 �_ - •
m
OF THE EAST 1/2
0
c)
x
III x 1111 10 22
0
D
0
NO NAME LA
EAST 30 FEET 23
WEST 1/2 OF
THE EAST 1/2
24
yutygia.y91,74N/M GOLDEN GATE E,
UNIT 20
P.B. 7, PAGE
4 25
EAST UNE2OF_---
3 15 26
GRAPHIC SCALE
0 400 600 800
O NI
0 ( IN FEET) .,
1 inch = 400 IL
O MAf2CUS L BERMAN,P.S.M.
2. REVISED 03.03.15 FLORIDA SURVEYOR&MAPPER LS 5086
1. REVISED 03.11.14 COLLIER COUNTY SURVEYOR
MINGO DRIVE u COLLIER COUNTY
• 1�SOUTH LINE OF SECTION 29 Engineering and Environmental Service Department
2800 North Horseshoe Drive,Naples Florida 34104
Phone:239-252-6885 Fax 239-252-6476 ***NOT A SURVEY #
Date: SCALE: Job File No: SHEET NO. File No:
EXHIBIT r"A" 2-14-2014 1" = 400' NONE 2 OF 3 2014-002',
•
H:\Punning and Regulation\Engineering Department\Engineering Foiders\ACAD SURVEY DRAWINGS\Rock Road\2014-002 Rock Road.dwg,3/3/2015 9:11:47 AM
Packet Page-167- '
3/10/2015 11 .B.
AFFIDAVIT
STATE OF FLORIDA )
)ss
: COUNTY OF COLLIER )
BEFORE ME, the undersigned authority, personally appeared Michelle Edwards
Arnold, who upon being duly sworn,deposes and says that:
1. My name is Michelle Edwards Arnold. I am over twenty-one (21) years of
age and have personal knowledge of all matters stated or referred to in this Affidavit.
2. I am currently the Director for the Collier County Public Transit and
Neighborhood Enhancement ("PTNE") Department. The PTNE Department is responsible
for the oversight of Municipal Service Taxing Units ("MSTU") and maintenance projects within
those MSTU's.
3. Based on a review of the County's records and information provided to me by
County personnel, the County has regularly maintained or repaired, for more than the
immediate past seven (7) years, that section of Road Road located within the Rock Road
MSTU, described as follows:
The East 30 feet of the West 1/2 of the East 1/2 of Section 29, Township 48 South,
Range 27 East, Collier County, Florida; LESS AND EXCEPT The Northerly 189.18
feet of the East 30 feet of the Northwest 1/4 .of the Northeast 1/4 less the North 100
feet previously dedicated for State Highway #846. (Immokalee Road)
The West 30 feet of the East 1/2 of Eastl/2 .of Section 29, Township 48 South,
Range 27 East, Collier County, Florida; LESS AND EXCEPT The Northerly 179.18
feet of the West 30 feet of the Northeast 1/4.of the Northeast 1/4..,less the North 100
feet previously dedicated for State Highway#846. (Immokalee Road)
Subject to Easements and Restrictions of Record
Exhibit"B"
Packet Page -168-
3/10/2015 11 .B.
FURTHER AFFIANT SAYETH NAUGHT.
//if
Michelle Edwards Arnold
SWORN AND SUBSCRIBED to before mc on this (k, day of February, 2015, by
Michelle Edwards Arnold who is personally known to me or who produced
cT1 (type of identification)as identification.
Sign%ture of Nthary Public
•
Printed Name of Notary Public
My Commission Expires: JAMES J.VON MEM
MY COMMISSION EE 844016
*.
AIA. A, EXPIRES:October 17,2016
•
140Fctoe., Bonded Thm Budgat Notary Servioes
Exhibit"B"
Packet Page-169-
3/10/2015 11 .B.'
SKETCH&DESCRIPTION FOR DEDICATION OF ROCK ROAD
IN ACCORDANCE WITH SECTION 95.361,FLORIDA STATUTES
CERTIFICATION:
I HEREBY CERTIFY THAT THE ROAD DESCRIBED HEREIN HAS VESTED IN THE CITY OF COLLIER COUNTY,
FLORIDA IN ACCORDANCE WITH SECITON 95.361(2),FLORIDA STATUTES.
TIM NANCE,CHAIRMAN
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA
•
•
DWIGHT E.BROCK,EX OFFICIO CLERK
TO BOARD OF COUNTY COMMISSIONERS
NOT VAUD UNLESS ACCOMPANIED BY ALL SHEETS,3 TOTAL.
SEE SHEET 1 FOR LEGAL DESCRIPTION OF PORTION OF ROCK ROAD RIGHT OF WAY DEDICATION, •
SHEET 2 FOR SURVEYOR'S SKETCH OF DESCRIPTION OF ROCK ROAD RIGHT OF WAY DEDICATION AND
SHEET 3 FOR CERTIFICATION OF VESTING PURSUANT TO SECTION 95.361(2),FLORIDA STATUTES.
Sheet No 3 of 3
{
Packet Page -170-