Agenda 06/26/2018 Item #9A06/26/2018
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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06/26/2018
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 T axing 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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06/26/2018
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
9.A
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9.A.1
Packet Pg. 42 Attachment: Proposed Ordinance - Private Road MSTU (5940 : Adoption of Private Road MSTU Ordinance)
9.A.1
Packet Pg. 43 Attachment: Proposed Ordinance - Private Road MSTU (5940 : Adoption of Private Road MSTU Ordinance)
9.A.1
Packet Pg. 44 Attachment: Proposed Ordinance - Private Road MSTU (5940 : Adoption of Private Road MSTU Ordinance)
9.A.2
Packet Pg. 45 Attachment: Legal ad - Agenda ID 5940 (5940 : Adoption of Private Road MSTU Ordinance)