Agenda 01/25/2011 Item #16A2
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1/2S/2011Itern 16.A.2.
EXECUTIVE SUMMARY
Request for authorization to advertise a proposed amendment to Collier County Ordinance
No. 2006-56, the Rock Road Improvement Municipal Service Taxing Unit, to amend the
geographical boundaries of the MSTU to remove properties that no longer derive benefit
from the MSTU's stated purpose and to create an advisory committee to provide input to
county staff as to proposed future projects within the MSTU.
OBJECTIVE: To obtain authorization to advertise a proposed amendment to Collier County
Ordinance Number 2006-56, the Rock Road Improvement Municipal Service Taxing Unit (the "MSTU")
to fuilend the geopiaphical boundaries of the MSTIJ to remove properties that no ionger derive benefit
from the MSTU's stated purpose and to create an Advisory Committee to provide input and direction to
county staff as to future projects within the MSTU.
CONSIDERATION: As a result of vegetative overgrowth within the MSTIJ, seven parcels
that originally had access to Rock Road along interior dirt roads, no longer have access. Because
those seven parcels no longer benefit from the ability to access and travel upon Rock Road from
their properties, staff is requesting that the Board authorize advertising an amendment to
Ordinance No. 2006-56 to revise the geographical boundaries of the MSTIJ to remove the
affected properties.
In addition, to improve communication between the property owners within the MSTIJ and staff,
and to encourage the MSTIJ property owners input as to future projects within the MSTIJ, it is
further requested that the proposed amendment to the Ordinance include the creation of an
Advisory Committee. The proposed three member Advisory Committee would meet semi-
annually to help set the work program within the MSTIJ to be administered by staff.
A draft copy of the proposed amended ordinance is attached.
FISCAL IMPACT: Based upon the 2010 Trim Notices, the proposed amendment to the
Ordinance to remove seven parcels from the MSTIJ will result in an approximate annual loss of
$1,426.00 to the MSTIJ. Adjusted revenue based on parcels remaining within the boundary is
estimated to be $30,102.00. Staff charges (Transfer to Fund 111) remain unchanged for FY-ll
at $5,300 and will be reassessed at FY-12 Budget cycle based on 'actual hours worked' for the
Rock Road MSTIJ.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action and only requires a simple majority
vote--SRT.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this E~ecuti~e Summ.ary..
RECOMMENDATION: That the Board of County Commissioners authorizes the
advertisement of the attached proposed amendment to Collier County Ordinance No. 2006-56 for
further consideration and approval by the Board at a future meeting.
PREPARED BY:
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1/2S/2011Itern 16.A.2.
Darryl Richard, Project Manager, Department of Alternative Transportation Modes
Attachments: (1) Amended Ordinance; (2) Exhibit A-I
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1/2S/2011Itern 16.A.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.2.
Item Summary: Request for authorization to advertise a proposed amendment to Collier
County Ordinance No. 2006-56, the Rock Road Improvement Municipal Service Taxing Unit, to
amending the geographical boundaries of the MSTU to remove properties that no longer derive
benefit from the MSTU's stated purpose and to create an advisory committee to provide input
to count staff as to future projects within the MSTU.
Meeting Date: 1/25/2011
Prepared By
Name: Sillel)'Tessie
Title: Operations Coordinator,Altemative Transportation
1/5/20112:50:40 PM
Submitted by
Title: Project Manager,Altemative Transportatioii Modes
Name: RichardDarryl
1/5/2011 2:50:40 PM
Approved By
Name: RichardDarryl
Title: Project Manager,Altemative Transportation Modes
Date: 1/5/20113:18:22 PM
Name: HerreraGloria
Title: ManagementlBudget Analyst, Transportation Administration
Date: 1/5/20113:24:39 PM
Name: AmoldMichelle .
Title: Director - Alt Transportation Modes,Altemative Tr
Date: 1/11/201112:02:41 PM
Name: BetancurNatali
Title: Executive Secretary, Transportation Engineering & Construction Management
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Date: 1/13/201110:30:36 AM
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Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 1/13/201111:54:40 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 1/13/20111:55:07 PM
Name: FederNorm
Title: Administrator - Growth Management Div, Transportati
Date: 1/14/20119:08:05 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/14/20111:31:46 PM
Name: BrockMary
Title: Executive Secretary to County Manager, CMO
Date: 1/18/201111:19:18AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 1/18/20112:43:15 PM
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ORDINANCE NO. 2011-
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE
2006-56, (THE ROCK ROAD IMPROVE:MENT MUNICIPAL
SERVICE TAXING UNIT); AMENDING SECTION TWO,
CREATION OF THE MUNICIPAL SERVICE TAXING UNIT;
PROVIDING FOR A SECTION CREATING THE ROCK ROAD
IMPROVEMENT ADVISORY COMMITTEE, APPOINTMENT AND
COMPOSITION; PROVIDING FOR THE TERMS OF OFFICE OF
THE ADVISORY COMMITTEE; AND PROVIDING FOR OFFICERS
OF THE ADVISORY COMMITTEE, QUORUM AND RULES OF
PROCEDURE; PROVIDING FUNCTIONS, POWERS AND DUTIES
OF THE ADVISORY COMl'dITTEE; PROVIDIi'iG FOR CONFLICT
AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR
EFFECTIVE DATE.
WHEREAS, on November 28, 2006, the Board of County Commissioners adopted
Ordinance No. 2006-56, establishing the Rock Road Improvement Municipal Service Taxing Unit;
and
WHEREAS, the Board of County Commissioners is the governing body of the Rock Road
Improvement Municipal Service Taxing Unit (the "MSTIJ") and directed staff to advertise an
amendment to Ordinance No. 2006-56 to: (1) amend the geographical boundaries of the MSTIJ to
remove those property owners that no longer have access to nor otherwise derive any benefit from
the MSTIJ's stated purpose; and (2) create an advisory committee that will meet semi-annually to
work with County Staff to review and recommend work programs and priorities to accomplish the
MSTU's purpose; and
WHEREAS, on February _,2011, the Board of County Commissioners as the governing
body of the MSTIJ approved this amendment to Ordinance No. 2006-56.
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Underlined words are added; Struck Tbroulili words are deleted.
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
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COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County Ordinance No.
2006-56 is hereby amended to read as follows:
Section One: Section Two, Creation of the Municipal Service Taxing Unit of Collier County
Ordinance No. 2006-56 is hereby amended to read as follows:
SECTION TWO. Creation of the Municipal Service Taxing Unit
There is hereby created and established the Rock 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-I."
which that is incorporated by reference. The following properties are expressly identified as outside
of the boundaries of the MSTU:
Folio Numbers:
00211000006
00213720009
00214366006
00213000004
00211240002
00212240001
00214365007
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Section Two.
Creation of the Rock Road Improvement Municipal Service Taxin!! Unit
Advisory Committee. Appointment and Composition.
A. There is hereby created and established the Rock Road Improvement Municipal Service
Taxing Unit Advisory Committee. hereinafter referred to as the "Committee."
B. The Committee shall consist of three (3) members who generally represent the area within
the-M8-ru. Members ofthe.CoIllIliittee shall be appointed by and serve at the pleasure of
the Board of County Commissioners. Said members shall be permanent residents within the
MSTU and electors of Collier County. The Board of County Commissioners shall consider
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Underlined words are added; Struck Through words are deleted.
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1/25/2011 Item 16.A.2.
appointment of members from different parcels, subdivisions and/or the communities within
the MSTU.
C. Appointment of the members to the Committee shall be by resolution of the Board of
County Commissioners, which resolution shall set forth the date of appointment and the
term of office.
D. Members of the Committee shall serve without compensation.
Section Three. Terms of Office of the Advisory Committee.
The initial terms of office of the Committee shall be as follows:
A. Two (2) members shall be appointed for a term of two (2) years.
B. One (1) member shall be aopointed for a term ofthree (3) years.
Thereafter each appointment or reappointment shall be for a term of three (3) years.
Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired
term of office.
Section Four. Officers of the Advisory Committee. Quorum and Rules of Procedure.
A.
At its earliest opportunity. the membership of the Committee shall elect a chairman
and vice chairman from among its members. Officer's terms shall be for one (1)
year. with eligibility for re-election.
The presence of two (2) or more members shall constitute a quorum of the
Committee necessary to take action and transact business.
The Committee shall be governed by the most current edition of Roberts Rules of
Order for the transaction of business and shall keep a written record of the meetings.
reports and exhibits. and other documentation for preservation by the County staff.
Committee member attendance requirements, including failure to attend meetin2:s
and member removal from office are governed by Ordinance No. 2001-55. as it may
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be amended, or by its successor ordinance.
B.
C.
D.
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1/25/2011 Item 16.A.2.
Section Five. Functions. Powers and Duties of the Advisory Committee.
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The functions. powers and duties of the Committee shall be as follows:
A. To aid and assist the Board of County Commissioners in carrying out the purpose of the
MSTU as set forth in this Ordinance.
B. The Committee shall meet semi-annually to review and recommend work programs and
priorities to the County Manager or his designee in accordance with the adopted budget
or budget amendments which may be adopted by the Board of County Commissioners.
The execution of work programs shall be under the direct supervision and responsibility
of the County Manager or his designee. Said work may be performed under contract (in
accordance with law) or by County forces.
C. The Committee may adopt and amend "Guidelines" to govern the operation of the
MSTU. subiect to approval by the Board of County Commissioners.
Section Six: Conflict and Severability
In the event this Ordinance conflicts with, any other Ordinance of Collier County or other
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lmnl;r~hlp la,"r the morp rpstri. rti'np shall "'ppl'" If an", .....l...a"'" ".. .....".....;"n ,,+ thi;n r\..~;~n~ne ;s hClu~
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invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
Section Seven: 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 Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other apPI;'o.priate word.
Section Eieht: Effective Date
This Ordinance shall be effective upon filing with the Florida Department of State.
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Underlined words are added; Struck Through words are deleted.
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1/25/2011 Item 16.A.2.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this
day of February, 2011.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
Deputy Clerk
Approved as to form and
Legal sufficiency:
Scott R. Teach
Deputy County Attorney
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EXHIBIT A-1 1/25/2011 Item 16.A.2.
ROCK ROAD MSTU BOUNDARY MAP
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PARCEL ID 00213720009
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DATE: JANUARY 5,2011; BY: DARRYL RICHARD. MSTU PROJECT MANAGER
EYUICIT ^_-I
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PAGE 1 OF 2
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The boundaries of the ROCK ROAD IMPROVEMENT MUNICIPAL SERVICE TAXING
UNIT shall comprise all that land located in Collier County, Florida and specifically described
as:
The Northeast 1/4 of Section 32;
The Northeast 1/4 of the Northwest 1/4 of Section 32;
The North 1/2 of the Southeast 1/4 of the Northwest 1/4 of Section 32;
The Southeast 1/4 of the Southeast 1/4 of the Northwest 1/4 of Section 32;
The Southeast 1/4 of Section 29, LESS these two parcels:
The North 1/2 of the North 1/2 of the Southeast 1/4 of the Northeast 1/4 of of the
Southeast 1/4 of Section 29;
AND
The South 1/2 of the North 1/2 of the Southeast 1/4 of the Northeast 1/4 of of the
Southeast 1/4 of Section 29;
The Southwest 1/4 of the Northeast 1/4 of Section 29, LESS the following described parcel:
The West 1/2 of the Northwest 1/4 of the Southwest 1/4 of the Northeast 1/4 of Section
29;
The Southeast 1/4 of the Northeast 1/4 of Section 29, LESS the following described parcel:
The South 1/2 of the Northeast 1/4 of the Southeast 1/4 of the Northeast 1/4 of Section
29;
The South 1/2 of the Northeast 1/4 of the Northeast 1/4 of Section 29;
The East 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section 29;
The West 1/2 of the Southeast 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 29;
The East 160 feet of the Northeast 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 29:
The East 1/2 of the Southeast 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 29;
all in Township 48 South, Range 27 East.
No p1-8e 4t= S3~