Agenda 12/09/2014 Item #17C 12/9/2014 17.C.
EXECUTIVE SUMMARY
Recommendation to (1) adopt the attached Resolution authorizing the use of the uniform method of
collecting non-ad valorem special assessments within the Platt Road Community as the method of
collecting the $10,500 utilized for emergency repairs on Platt Road and (2) adopt an Ordinance to
establish the Platt Road Municipal Service Benefit Unit.
OBJECTIVE: To obtain reimbursement of County funds expended on Platt Road.
CONSIDERATIONS: On September 10, 2013, during Staff and Commission General Communications,
Commissioner Nance requested the Board authorize staff to establish a program to address the emergency
repair of roads that become impassible due to heavy rains. On September 11, 2013,the Fire Chief of Big
Corkscrew Island Fire Control and Rescue District sent an email to Dan Summers and others to express
concern with the poor condition of Platt Road and other streets in the flood prone area and to note that it
was inaccessible. The condition of the road prevented timely response by fire and emergency vehicles
and caused damage to one fire vehicle.
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 adoption of Resolution No. 2013-221, the Board adopted Resolution
No. 2013-222, specifically addressing the repairs needed on Platt Road.
The Platt Road emergency repairs were completed on September 25, 2013 at a cost of $10,500. On
October 22, 2013, the County sent a letter to all property owners in the area notifying them of the process
and the requirement to form a voluntary Municipal Service Taxing Unit (MSTU) and noting that if the
community did not pursue the voluntary formation of an MSTU, the Board would create an MSTU to, at
minimum, recover funds that were expended to repair the road. Although no action has been taken to
form a voluntary MSTU, the community organized itself 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 spend future
funds on repairs. With that plan in place the community felt there was no need for a voluntary MSTU for
the ongoing maintenance of the road.
In keeping with the established procedure, staff placed an item Board agenda for September 23, 2014, to
advertise the establishment of an MSTU solely for the repayment of $10,500 to the County. After
discussion, the Board directed staff to initiate communications with the 51 property owners abutting Platt
Road to ensure their understanding of the situation and solicit their input on an alternative method to
collect the outstanding funds. Staff sent out letters to all property owners with information about
potential methods to recover the funds and inviting them to a public meeting on October 30, 2014. The
consensus of the property owners who communicated with staff in response to the public meeting was to
apply some type of uniform distribution of the charges.
The item was brought back to the Board on November 18, 2014, and staff presented two methods of
collecting the funds (an ad valorem assessment through the MSTU process or a non-ad valorem
assessment through the MSBU process). The Board moved to establish an MSBU with a non-ad valorem
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12/9/2014 17.C.
special assessment of $0.5873 per linear footage of roadway frontage on Platt Road, plus the cost of
collecting the money, with the assessment spread over two years. The assessment would be first applied
to the November 2015 tax bill.
FISCAL IMPACT: Approval of this item would refund Collier County $10,500 plus the actual cost of
collecting the taxes.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires
majority vote for Board approval.—SRT
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
Executive Summary.
RECOMMENDATION: That the Board of County Commissioners (1) adopts the attached Resolution
authorizing the use of the uniform method of collecting non-ad valorem special assessments over a 2 year
period within the Platt Road Community to collect the $10,500 utilized for emergency repairs on Platt
Road, plus the actual costs of collecting the taxes, and (2) adopt an Ordinance to establish the Platt Road
Municipal Service Benefit Unit.
Prepared By: Harry Sells, Project Manager, Alternative Transportation Modes Department
Attachments: (1)Resolution, (2)Proposed Ordinance
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12/9/2014 17.C.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.C.
Item Summary: Recommendation to (1) adopt the attached Resolution authorizing the
use of the uniform method of collecting non-ad valorem special assessments within the Platt
Road Community as the method of collecting the $10,500 utilized for emergency repairs on
Platt Road and (2) adopt an Ordinance to establish the Platt Road Municipal Service Benefit
Unit.
Meeting Date: 12/9/2014
Prepared By
Name: SellsHarry
Title: VALUE MISSING
11/20/2014 4:1 4:13 PM
Submitted by
Title: VALUE MISSING
Name: SellsHarry
11/20/2014 4:14:14 PM
Approved By
Name: TownsendAmanda
Title: Director-Operations Support, Public Services Division
Date: 11/20/2014 5:06:05 PM
Name: AlonsoHailey
Title: Operations Analyst,Public Services Division
Date: 11/21/2014 8:46:48 AM
Name: SotoCaroline
Title: Management/Budget Analyst, GMD Construction&Maintenance Admin
Date: 11/21/2014 9:55:29 AM
Name: ArnoldMichelle
Title: Director-Alt Transportation Modes, Alternative T
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12/9/2014 17.C.
Date: 11/21/2014 11:57:01 AM
Name: CarnellSteve
Title: Administrator-Public Services, Public Services Division
Date: 11/22/2014 3:34:50 PM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 11/25/2014 4:30:20 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering&Construction Management
Date: 12/1/2014 1 1:04:33 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/3/2014 9:14:58 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 12/3/2014 9:38:04 AM
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12/9/2014 17.C.
ORDINANCE NO. 2014-
AN ORDINANCE CREATING THE PLATT ROAD
MUNICIPAL SERVICE BENEFIT UNIT; PROVIDING FOR
AUTHORITY; PROVIDING FOR CREATION OF THE
MUNICIPAL SERVICE BENEFIT UNIT; PROVIDING FOR
A PURPOSE AND GOVERNING BODY; PROVIDING FOR
FUNDING; PROVIDING FOR THE DUTIES OF THE
COUNTY MANAGER; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners (the "Board") of Collier County,
Florida (the "County"), acting in accordance with a request made by the Fire Chief of Big
Corkscrew Island Fire Control and Rescue District, took emergency action to make necessary
repairs to Platt Road to make it traversable by fire and emergency vehicles, thereby directly
benefiting the welfare and safety of the property owners in that area; and
WHEREAS, on or about December 9, 2014, the Board adopted Resolution 2014- ,
identifying the Platt Road Special Assessment District by specifying the lots and parcels directly
benefited by the action taken to restore Platt Road as mentioned above; and
WHEREAS, the Board has determined that the creation of a municipal service benefit
unit is the best method for implementing and funding the reimbursement of the improvements
made to Platt Road.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION 1. AUTHORITY. This Ordinance is adopted pursuant to the provisions of
Chapter 125, Florida Statutes, and other applicable law.
SECTION 2. CREATION OF THE MUNICIPAL SERVICE BENEFIT UNIT. There is
hereby created and established the Platt Road Municipal Service Benefit Unit (the "MSBU").
The boundaries of the MSBU shall initially be as set forth in EXHIBIT "A" attached hereto and
incorporated herein by reference.
SECTION 3. PURPOSE AND GOVERNING BODY. The MSBU is created for the
purpose of collecting reimbursement of expenditures made in repairing Platt Road to place it in a
condition such that fire and emergency vehicles can traverse and provide services to the property
owners directly benefiting from those improvements within the MSBU. The governing body of
the MSBU shall be the Board.
SECTION 4. FUNDING. For the purpose of providing funds to carry out the purpose of the
MSBU, the Board shall consider imposition of special assessments in accordance with Chapter
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122, Article 77, of the Code of Laws and Ordinances of Collier County, Florida and other
applicable law.
SECTION 5. DUTIES OF THE COUNTY MANAGER. The duties of the County
Manager or his or her designee shall be: (a) to administer the activities of the MSBU in
accordance with established policies of the Board, and (b) to coordinate the imposition of special
assessments to provide reimbursement of funding for the MSBU in accordance with the guidance
provided by the Board.
SECTION 6. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts
with any other Ordinance of the County or other applicable law, the more restrictive shall apply.
If any court of competent jurisdiction holds any phrase or portion of the 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 7: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The
provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the
Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 9th day of December, 2014.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk TOM HENNING, CHAIRMAN
Approved as to form and legality:
2......, , 4 1_,-
Scott R. Teach
Deputy County Attorney
-,
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12/9/2014 17.C.
EXHIBIT "A"
PLATT ROAD MUNICIPAL SERVICE BENEFIT UNIT
GEOGRAPHIC BOUNDARIES
The boundaries of the PLATT ROAD MUNICIPAL SERVICE BENEFIT UNIT (MSBU) shall
comprise all that land located in Collier County, Florida, and specifically described as:
Township 47,Range 27
The North 1/2 of the South 1/2 of Section 26,plus
The East 1/2 of the Southeast 1/4 of the Southeast 1/4, of the Northwest '/ of Section 26,plus
The West '/ of the Southwest 1/, of the Northeast 1/4, section 26,plus
The North 1/2 of the SW 1/4 of section 25,plus
The West % of the NW 1/ of the SE 1/4 of Section 25.
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12/9/2014 17.C.
RESOLUTION NO.2014-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA ELECTING TO USE THE
UNIFORM METHOD OF COLLECTING NON—AD VALOREM
SPECIAL ASSESSMENTS LEVIED WITHIN CERTAIN PORTIONS
OF THE UNINCORPORATED AREA OF THE COUNTY
DESCRIBED HEREIN; STATING A NEED FOR SUCH LEVY;
PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners (the "Board") of Collier County, Florida
(the "County") is contemplating the imposition of special assessments over one year to fund the cost
expended to complete emergency repairs on Platt Road in the amount of$10,500;and
WHEREAS, the Board intends to use the uniform method for collecting non-ad valorem
special assessments imposed over one year for the cost of providing such services and facilities to
property within the County described herein, as authorized by Section 197. 3632, Florida Statutes, as
amended, because this method will allow such special assessments to be collected annually
commencing in November 2015, in the same manner as provided for ad valorem taxes; and
WHEREAS, the Board held a duly advertised public hearing prior to the adoption of this
resolution ("Resolution"),proof of publication of such hearing being attached hereto as EXHIBIT A;
and
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA:
1_ Commencing with the Fiscal Year beginning on October 1, 2015, and with the tax
statement mailed for such Fiscal Year, the Board intends to use the uniform method of collecting
non-ad valorem assessments authorized in Section 197. 3632, Florida Statutes, as amended, to collect
special assessments imposed over two years to fund the cost of providing emergency repairs to Platt
Road. Such non-ad valorem assessments may be levied within a portion of the unincorporated area
of the County. A legal description of such area that may be subject to the imposition of such special
assessment is attached hereto as EXHIBIT B and incorporated herein by reference.
2. The Board hereby determines that the levy of such non-ad valorem assessment is
needed to fund the cost of expended to complete the emergency road repairs to Platt Road within the
area described in EXHIBIT B hereto.
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12/9/2014 17.C.
3. Upon adoption,the Clerk of the Circuit Court as Clerk to the Board,is hereby
directed to send a copy of this Resolution by United States mail to the Florida Department of
Revenue,the Collier County Tax Collector,and the Collier County Property Appraiser by January
10,2015.
4. This Resolution shall take effect immediately upon its adoption.
THIS RESOLUTION ADOPTED, after motion, second and majority vote on this the 9th day
of December,2014.
ATTEST: BOARD OF COUNTY COMMISSIONER
DWIGHT E.BROCK,Clerk OF COLLIER COUNTY,FLORIDA
By:
,Deputy Clerk TOM HENNING,CHAIRMAN
Approved as to form and legality:
f12'44"'L
Scott R.Teach,
Deputy County Attorney
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12/9/2014 17.C.
EXHIBIT"A"
Proof of advertisement
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EXHIBIT`B"
PLATT ROAD MUNICIPAL SERVICE BENEFTT UNIT
GEOGRAPHIC BOUNDARIES
The boundaries of the PLATT ROAD MUNICIPAL SERVICE BENEFIT UNIT (MSBU) shall
comprise all that land located in Collier County,Florida,and specifically described as:
Township 47,Range 27
The North 1/2 of the South 1/2 of Section 26,plus
The East 1/2 of the Southeast'A of the Southeast 1/4,of the Northwest 1/4 of Section 26,plus
The West 1/4 of the Southwest'/,,of the Northeast'/4,section 26,plus
The North 1/2 of the SW'A of section 25,plus
The West 3/4 of the NW'A of the SE 1/4 of Section 25.
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NAPLES DAILY NEWS (( Wednesday, November26, 2014 t[ 25D
NOTICE OF MEETING NOTICE OF MEETING
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, December 9, 2014, in the Boardroom, 3rd
Floor, Administration Building, Collier County Government Center, 3299 Tamiami
Trail East, Naples, Florida, the,Board of County Commissioners (BCC) will consider
the enactment of a County Ordinance. The meeting will commence at 9:00 A.M.
The title of the proposed Ordinance is as follows:
AN ORDINANCE CREATING THE PLATT ROAD'MUNICIPAL SERVICE BENEFIT UNIT;
PROVIDING T UNIT; PROVIDING PROVIDING FOR
FFOR A PURPO EGAD GOVERNING BODY;
, PROVIDING FOR FUNDING; PROVIDING FOR THE DUTIES OF THE COUNTY
PROVIDING FOR F
I NCLUS N IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the Board and are
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the
County administrator 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.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any case, written material intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior.to the public hearing. All material used in presentations before,the Board will
become a permanent part of the record.
Any person who decides to appeal&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 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
Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples,
Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired
are available in the County Commissioners'Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
TOM HENNING,CHAIRMAN
DWIGHT E.BROCK,CLERK
By:Ann Jennejohn,Deputy Clerk
(SEAL)
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