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Agenda 06/24/2014 Item #11AProposed Agenda Changes Board of County Commissioners Meeting June 24, 2014 Continue Item 11A to the July 8, 2014 BCC Meetiniz: Recommendation to authorize advertising an ordinance creating the Platt Road Improvement Municipal Service Taxing Unit to fund and levy not to exceed three mils of Ad Valorem Taxes per year to reimburse the County $10,500 for emergency roadway improvements made to Platt Road. (Commissioner Nance's request) Move Item 16A20 to Item I IE: Recommendation to approve a proposed amendment to the Tourist Development Tax Ordinance No. 92 -60, as amended, that would authorize the reallocation of funds between Tourist Development Tax categories with a supermajority vote of the Board and direct the County Attorney to advertise ordinance changes to be approved by the Board at a future meeting; to allow TDC grant funds previously awarded to the City of Naples to "carry forward" for expenditure in FY2015 for a major renovation of the City of Naples Pier; and to make a finding that this item promotes tourism. (Commissioner Henning's request) Note: Item 16C4: Folio Number on the Purchase and Sales Agreement should read: Project: Basin 101 Wastewater System Rehabilitation Vanderbilt Beach/Naples. Folios: 62427800009 & 62427840001 Time Certain Items: Item 14B1 to be heard at 10:40 a.m. Item I I to be heard immediately following Item 9D 6/24/2014 11.A. EXECUTIVE SUMMARY Recommendation to authorize advertising an ordinance creating the Platt Road Improvement Municipal Service Taxing Unit to fund and levy not to exceed three mils of Ad Valorem Taxes per year to reimburse the County $10,500 for emergency roadway improvements made to Platt Road. OBJECTIVE: To obtain reimbursement of County funds expended on a private road. CONSIDERATIONS: On September 11, 2013, the Fire Chief of Big Corkscrew Island Fire Control and Rescue District petitioned the Board to repair Platt Road which had been made impassable due to heavy rains. The condition of the road prevented timely response by fire and emergency vehicles and caused damage to one fire vehicle. Platt Road is a private road and the County is not responsible for the repair or maintenance. Article VII, Section 10 of the Florida Constitution requires that the expenditure of county funds must be for public purpose, and includes a general prohibition of the use of taxpayer dollars to repair or maintain private roads. On September 24, 2013, the Board passed Resolution No. 2013 -221 establishing a procedure under which public funds could be used for emergency repairs of private roads to allow the passage of emergency vehicles. Immediately following that Resolution they put it into effect by passing Resolution No. 2013 -222 specifically addressing Platt Road and included the following points; 1. Directed County Manager to take immediate action to make minimum repairs necessary to facilitate the transport of emergency service vehicles along Platt Road. 2. Directed County Manager to send out letters to property owners serviced by Platt Road to request that they form a voluntary Municipal Services Taxing Unit (MSTU) for the purpose of road maintenance and to assist them in this endeavor. 3. If the property owners do not form a voluntary MSTU within six months, the County Manager will place an item on the Board agenda to establish an involuntary MSTU. 4. Initial funds generated by the MSTU shall be used to repay the County its full cost of repairing the road. Funds in excess of that amount would be applied to future road maintenance and repairs. Platt Road emergency repairs were completed on September 25, 2013 at a cost of $10,500. A letter was sent to all property owners in the area on October 22, 2013. No action has been taken to form a voluntary MSTU. However, the community has organized themselves and devised a plan for the continued maintenance of Platt Road and other roads in the area to avoid the need for the County to expended future funds in the area. Thus far, the community has reported spent $2,560 to maintain Platt Road. With this plan in place the community felt there was no need for a voluntary MSTU for the ongoing maintenance of the road. Thus far no funds have been repaid to the County for the emergency repairs of Platt Road. In keeping with the established procedure, staff is initiating the establishment of an MSTU solely for the repayment of $10,500 to the County. The boundaries of the MSTU have been proposed to include only those properties that are adjacent to Platt Road with access and must utilize Platt Road to enter and exit the respective property. See Map attached to this summary. Packet Page -264- 6/24/2014 11.A. Approval of this MSTU Ordinance will set in motion a series of fiscal steps including: (1) Creation of the Platt Road MSTU Fund and related Cost Center; (2) Mechanism to establish the budget based upon certified taxable value and applied millage rate. Based upon a projected taxable value equal to $1,678,352 the extension of taxes based upon three mils would raise approximately $5,000 a:.nually which would require a repayment schedule of a little over 2 years (3 years of tax levies) with no excess funds available for future maintenance. If the Board would prefer a shorter schedule the amount of millage would have to be increased. FISCAL IMPACT: Approval of this item would refund Collier County $10,500 over a two year period for emergency repairs of Platt Road. LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires a majority vote for Board action. - JAB GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners authorizes advertising an ordinance creating the Platt Road Improvement MSTU to fund and levy not to exceed three mils of ad valorem taxes per year to reimburse the County $10,500 for emergency roadway improvements made to Platt Road. Prepared By: Harry Sells, Project Manager, Alternative Transportation Modes Department Attachments: Ordinance Packet Page -265- COLLIER COUNTY Board of County Commissioners Item Number: 11.11.A. 6/24/2014 11.A. Item Summary: Recommendation to authorize advertising an ordinance creating the Platt Road Improvement Municipal Service Taxing Unit to fund and levy not to exceed three mils of Ad Valorem Taxes per year to reimburse the County $10,500 for emergency roadway improvements made to Platt Road. Meeting Date: 6/24/2014 Prepared By Name: SellsHarry Title: VALUE MISSING 5/30/2014 8:19:42 AM Approved By Name: SotoCaroline Title: Management/Budget Analyst, GMD Construction & Maintenance Admin Date: 5/30/2014 12:43:25 PM Name: ArnoldMichelle Title: Director - Alt Transportation Modes, Alternative Transportation Modes Date: 5/30/2014 3:54:28 PM Name: TownsendAmanda Title: Director - Operations Support, Public Services Division Date: 6/4/2014 9:17:41 AM Name: AlonsoHailey Title: Operations Analyst, Public Services Division Date: 6/5/2014 11:37:00 AM Name: CarnellSteve Title: Administrator - Public Services, Public Services Division Date: 6/5/2014 1:54:56 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Packet Page -266- 6/24/2014 11.A. Date: 6/10/2014 8:35:10 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior, Grants Management Office Date: 6/10/2014 10:12:44 AM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management Date: 6/11/2014 10:50:04 AM Name: KlatzkowJeff Title: County Attorney, Date: 6/13/2014 4:30:03 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 6/16/2014 12:04:32 PM Packet Page -267- 6/24/2014 11.A. ORDINANCE NO. 2014 - AN ORDINANCE CREATING THE PLATT ROAD IMPROVEMENT MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FUNDING AND THE LEVY OF NOT TO EXCEED THREE (3) MILS OF AD VALOREM TAXES PER YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR DUTIES OF THE COUNTY MANAGER OR HIS DESIGNEE; PROVIDING FOR SUNSET; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, that portion of Platt Road between Immokalee Road and its eastern terminus, hereinafter referred to as "Platt Road," and a short section of Corkscrew Lane extending crossing Platt Road are currently private roadways and not maintained by the County; and WHEREAS, the responsibility for the maintenance of Platt Road lies with no one entity or individual, but rather falls to the individual property owners; and WHEREAS, on September 11, 2013, the Fire Chief of Big Corkscrew Island Fire Control and Rescue District petitioned the Collier County Board of County Commissioners (BCC) to repair Platt Road which had been made impassable due to heavy rains. The condition of the road prevented timely response by Fire and Emergency vehicles and caused damage to one Fire Vehicle. WHEREAS, on September 24, 2013, the BCC passed Resolution No. 2013 -221 establishing a procedure under which public funds could be used for emergency repairs of private roads to allow the passage of emergency vehicles. WHEREAS, on September 24, 2013, using the procedure established in Resolution No. 2013 -221, the BCC also passed Resolution No. 2013 -222, authorizing emergency repairs to be made to Platt Road and funded by an MSTU created for such purpose. WHEREAS, on September 25, 2013, emergency repairs on Platt Road were completed at a cost of $10,500.00. WHEREAS, in keeping with Resolution 2013 -222, a Platt Road Municipal Service Taxing Unit (MSTU) is being created for the purposed of levying taxes and repaying the County for the repairs made to the road. Page 1 of 5 Packet Page - 268 - C'.q 6/24/2014 11.A. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE. Authority This Ordinance is adopted pursuant to the provisions of Section 125.01 and Chapter 200, Florida Statutes, and other applicable provisions of Law. SECTION TWO. Creation of the Municipal Service Taxing Unit There is hereby created and established the Platt Road Improvement Municipal Service Taxing Unit hereinafter referred to as the "MSTU." The properties within the Municipal Service Taxing Unit and its boundaries are as described on the attached Composite Exhibit "A" that is incorporated by reference. SECTION THREE. Purpose and Governing Body The MSTU is created for the purpose of providing levying taxes and repaying the County for the repairs made to the road. The governing body of the MSTU shall be the Board of County Commissioners of Collier County, Florida. SECTION FOUR. Funding and Levy of Taxes For the purpose of implementing this Ordinance, the Board of County Commissioners shall annually until the debt is repaid, at the time required by general budgetary law, make an itemized estimate of the amount of money required to carry out the purpose of the MSTU for the next fiscal year, which shall be from October 1 to and including September 30 following. The estimate shall describe the purpose for which the moneys are required and the amount necessary to be raised by taxation within the MSTU. The revenue will be used to reimburse Collier County for expenditures required for emergency repairs of Platt Road. At the time and place for fixing the annual rate of taxation for County purposes, the Board of County Commissioners shall fix and cause to be levied on all properties within the MSTU, subject to taxation, a millage rate not to exceed three (3) mils per year. Page 2 of 5 Packet Page -269- �'q 6/24/2014 11.A. SECTION FIVE. Tax Assessment and Collection Taxes herein provided for shall be assessed and collected in the same manner and form as provided for the assessment and collection of general County taxes and subject to the same fees for assessing and collecting as general County taxes. SECTION SIX. Duties of the County Manager or His Designee The duties of the County Manager or his designee shall be: A. To aid and assist the Board of County Commissioners in carrying out the purposes of the MSTU in accordance with established practices and policies of the Board of County Commissioners and as set forth in this Ordinance. B. To prepare and recommend to the Board of County Commissioners an itemized annual budget of the amount of money required to carry out the business of the MSTU for the next fiscal year. C. To provide periodic written reports to the Board of County Commissioners of the activities of the MSTU and its finances in accordance with established guidelines of the Board of County Commissioners. SECTION SEVEN. Sunset This Ordinance shall automatically sunset on September 30, 2017, unless extended by Resolution of the Board of County Commissioners. SECTION EIGHT. Conflict and SeverabiIity In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply, If any court of competent jurisdiction holds any phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION NINE. Inclusion in the Code of Laws and Ordinances Page 3 of 5 Packet Page -270- y 6/24/2014 11.A. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION TEN. Effective Date This Ordinance shall be effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of June, 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA , Deputy Clerk Approved as to form and legality: Jennifer A. Belpedio, Assistant County Attorney TOM HENNING, CHAIRMAN Page 4of5 Packet Page -271- 6/24/2014 11.A. COMPOSITE EXHIBIT "A" GEOGRAPHIC BOUNDARIES: The boundaries of the PLATT ROAD IMPROVEMENT MUNICIPAL SERVICE TAXING UNIT shall comprise all that land located in Collier County, Florida, and specifically described as: Township 47, Range 27 The North '/2 of the South %2 of Section 26, Plus The East '/2 of the Southeast '/4 of the Southeast 1/4, of the Northwest 1/4 of Section 26, plus The West 1/2 of the Northwest 1/4, of the Southwest 1/4, of the Northeast 1/4, Section 26, plus The West 1/2, of the Southwest 1/4, of the Southwest 1/4 of the Northeast 1/4 of Section 26, plus The North '/2 of the North 1/2 of the Southwest `l4 , minus East 1/2 of the Northeast'/ of the Northeast '/4 of the Southwest '/4 of Section 25, plus The South V2 of the North 1/2 of the Southwest 1/4 minus, Southeast 1 /4, of the Northeast 1/4 of the Southwest 1/4 of Section 25, plus East 1/2 of the West '/2 of the Northwest '/4 of the Southeast 1/4 of Section 25, plus West'' /2 of the East 1/2 of the Northwest' /4 of the Southeast 1/4 of Section 25. Containing therein 250 acres, more or less. Page 5 of 5 Packet Page -272- �yG