Agenda 02/22/2011 Item #17C
2/22/2011 Item 17.C.
EXECUTfVESU~Y
Recommendation to adopt an Ordinance amending Collier County Ordinance No. 2006-56, Rock
Road Improvement Municipal Service Taxing Unit, per the Board's January 25, 2011 direction
under Agenda Item 16A2 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 future projects within the MSTU,
OBJECTIVE: To adopt an Ordinance amending Ordinance No. 2006-56, Rock Road Improvement
Municipal Service Taxing Unit (the "MSTU") 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 and direction to county staff as to future projects within the MSTU.
CONSIDERATION: As a result of vegetative overgrowth within the MSTU, 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 approve an amendment to Ordinance No. 2006-
56 to revise the geographical boundaries of the MSTU to remove the affected properties.
In addition, to better communicate between the property owners within the MSTU and staff as to
future projects within the MSTU, it is further requested that the proposed advertisement to
amend 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
MSTU to be administered by staff.
On January 25, 2011, under Agenda Item 16A2, the Board directed that this proposed ordinance
be advertised and brought back for this consideration.
FISCAL IMPACT: Based upon the 2010 Trim Notices, the proposed amendment to the
Ordinance to remove seven parcels from the MS TU will result in an approximate annual loss of
$1,426.00 to the MSTU. 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 MSTU.
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 majority vote-SRT.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated
with this Executive Summary.
RECOMMENDATION: To adopt an Ordinance amending Ordinance No. 2006-56 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 and
direction to county staff as to future projects within the MSTD.
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2/22/2011 Item 17.C.
PREPARED BY:
Darryl Richard, Project Manager, Department of Alternative Transportation Modes
Attachments: (1) Amended Ordinance; (2) Exhibit A-I
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2/22/2011 Item 17.C.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.C.
Item Summary: Recommendation to adopt an Ordinance amending Collier County
Ordinance No. 2006-56, Rock Road Improvement Municipal Service Taxing Unit, per the Board's
January 25, 2011 direction under Agenda Item 16A2 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 future projects
within the MSTU.
Meeting Date: 2/22/2011
Prepared By
Name: SilleryTessie
Title: Operations Coordinator,Altemative Transportation
2/2/2011 11:07:07 AM
Submitted by
Title: Project Manager,Altemative Transportation Modes
Name: RichardDarryl
2/2/2011 11:07:08 AM
Approved By
Name: HerreraGloria
Title: Management/Budget Analyst,Transportation Administration
Date: 2/2/2011 12:20:13 PM
Name: LulichPamela
Title: Manager - Landscape Operations,Altemative Transpo
Date: 2/2/2011 3:26:04 PM
Name: AmoldMichelle
Title: Director - Alt Transportation Modes,Altemative Tr
Date: 2/2/2011 3 :40:03 PM
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Name: RichardDarryl
Title: Project Manager,Alternative Transportation Modes
Date: 2/2/2011 4:36:35 PM
Name: BetancurNatali
Title: Executive Secretary, Transportation Engineering & Construction Management
Date: 2/2/2011 5:03:33 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 2/3/2011 8:01 :58 AM
Name: FederNorm
Title: Administrator - Growth Management Div,Transportati
Date: 2/4/2011 8:53:00 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 2/4/2011 10:36:56 AM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 2/4/2011 4:50:34 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/10/2011 11:48:54 AM
Name: StanleyTherese
Title: ManagementlBudget Analyst, Senior,Office of Management & Budget
Date: 2/11/2011 9:03:31 AM
Name: SheffieldMichael
Title: Manager-Business Operations, CMO
Date: 2/11/2011 10:29:26 AM
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2/22/2011 Item 17.C.
EXHIBIT A-1 2/22/2011 Item 17.C.
ROCK ROAD MSTU BOUNDARY MAP
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PARCEL ID 00213720009
ROCK ROAD MSTU BOUNDARY
DATE: JANUARY 5,2011; BY: DARRYL RICHARD, MSTU PROJECT MANAGER
EVUICIT A_'"
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PAGE 1 OF 2
The boundaries ofthe 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 ofthe 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 ofthe Northeast 1/4 of Section 29, LESS the following described parcel:
The West 1/2 ofthe 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 ofthe 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 ofthe Southeast 1/4 ofthe Northwest 1/4 ofthe 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.
2/22/2011 Item 17.C.
ORDINANCE NO. 2011-
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE
2006-56, (THE ROCK ROAD IMPROVEMENT 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
COMPOSmON; PROVIDING FOR THE TERMS OF OFFICE OF
THE ADVISORY COMMITIEE; AND PROVIDING FOR OFFICERS
OF THE ADVISORY COMMITTEE, QUORUM AND RULES OF
PROCEDURE; PROVIDING FUNCI10NS, POWERS AND DUTIES
OF THE ADVISORY COMMITTEE; PROVIDING 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 "MSTU") and directed staff to advertise an
amendment to Ordinance No. 2006-56 to: (1) amend the geographical boundaries of the MSTU 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 22, 2011, the Board of County Commissioners as the governing
body of the MSTU approved this amendment to Ordinance No. 2006-56.
I
Underlined words are added; Struck Throul!h words are deleted.
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2/22/2011 Item 17.C.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
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 ~ is incorporated by reference. The following properties are exnressly identified as outside
of the boundaries of the MSTU:
Folio Numbers:
00211000006
00213720009
00214366006
00213000004
00211240002
00212240001
00214365007
Section Two.
Creation of the Rock Road Imorovement Municioal Service Taxine: Unit
Advisonr Committee. Aooointment and Comoosition.
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 MSTU. Members of the Committee shall be appointed bv 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
2
Underlined words are added; Struck Through words are deleted.
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2/22/2011 Item 17.C.
appointment of members from different parcels. subdivisions and/or the communities within
the MSTU.
C. Appointment of the members to the Committee shall be bv resolution of the Board of
County Commissioners. which resolution shall set forth the date of apoointment and the
term of office.
D. Members of the Committee shall serve without compensation.
Section Three. Terms of Office of the Advisonr Committee,
The initial tenDs 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 appointed for a term of three (3) years.
Thereafter each aopointment or reappoin1ment shall be for a term of three (3) years.
Appointments to fill any vacancies on the Committee shall be for the remainder of the unexDired
term of office.
Section Four. Officers of the Advisonr Committee. Quorum and Rules of Procedure.
A. At its earliest opportunity. the membership of the Committee shall elect a chainnan
and vice chairman from among its members. Officer's terms shall be for one (1)
year. with eligibility for re-election.
B. The presence of two (2) or more members shall constitute a quorum of the
Committee necessary to take action and transact business.
C. The Committee shall be governed bv the most current edition of Roberts Rules of
Order for the transaction of business and shall keep a written record of the meetinszs.
reports and exhibits. and other documentation for preservation by the County staff.
D. Committee member attendance reauirements. including failure to attend meetings
and member removal from office are szovemed by Ordinance No. 2001-55. as it may
be amended. or bv its successor ordinance.
3
Underlined words are added; Struck Through words are deleted.
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2/22/2011 Item 17.C.
Section Five. Functions. Powers and Duties of the Advisorv Committee.
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 Dumose of the
MSTU as set forth in this Ordinance.
B. The Committee shall meet semi-annually to review and recommend work prolI1'3lIlS and
priorities to the County Manager or his desimee in accordance with the adopted bud2et
or budget amendments which may be adopted by the Board of County Commissioners.
The execution of work programs shall be under the direct SUllefVision 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. subject to approval by the Board ofCountv Commissioners.
Seetion Six: ConOid and Severabilitv
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
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 appropriate word.
Section Ei2ht: Effective Date
This Ordinance shall be effective upon filing with the Florida Department of State.
4
Underlined words are added; Struck Thro~ words are deleted.
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2/22/2011 Item 17.C.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this 22nd day of February, 2011.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
Approved as to fonn and
Legal sufficiency:
r;J
Scott R. Teach
Deputy County Attorney
5
Underlined words are added; Struck Through words are deleted.
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2/22/2011 Item 17,C.
180 . Frida"l'ebru8lV11, 2011 · Nafl8lfDally News
. NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, February 22, 2011, in the Boardroom, 3rd
Floor, Administration Building, Collier County Government Center, 3299 East Ta-
miami Trail, Napl~, Florida, the Board of County Commissioners will consider the
enactment of a County' Ordinance. The meeting will commence. at 9:00 A.M. . The
title of the proposed Ori:finance is as follows:
. .
AN ORDINANCE AMENDING COLUER COUNTY ORDINANCE 2006-SO,ITHE ROCK
ROAD IMPROVEMENT MUNICIPAL SERVICE TAXING UNm; AMENDING SECTION
TWO, CREATION OF THE MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR A SEC-
TION CREATING THE ROCK .ROAD IMPROVEMENT ADVISORY COMMITTEE, AP-
POINTMENT AND COMPOSITION; PROVIDING FOR THE TERMS OF OFFICE OF THE .
ADVISORY COMMITTEE; AND PROVIDING FOR OFFICERS OF THE ADVISORY COM-
MITTEE, QUORUM AND RULES OF PROCEDURE; PROVIDING FUNCTIONS, POWERS
AND DUTIES OF THE ADVISORY COMMmEE; PROVIDING FOR CONFUCT AND SEVE-
RABIIJT'(; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORPINANCES;
AND PROVIDING FOR EFFECTIVE DATE,
Copies of the proposed Ordinance are on file with the Clerk to the Board and are
available for inspection. AII.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 self!(tion of an in-
dividual to speak on befaalf of an organization or group is encouraged. If recog-
nized by the Chairman, a spokesperson for a group or organization may be allotted
. 10 minutes to speak on an item. . . '. .
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., PeiSons wishing to .hav~ Wi'itte(<o('grap"h!c;.ti'!~erlals 'includedin'thello.iilitagen.da
. packets must submit said :matenala.mlmmum of 3 weeks prior to' .there$pective
public hearing. In any case, writt~m ,. mat1!rials 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 ofthe record.
Any.person who decides to appeal a 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 the testimony and evi-
dence upon wbich the appeal Is based.
If'you are a person with a disability who needs any accommodation in order to par-
tiCipate in this proceeding; you are entitled, at no cost to you, to the provision of
certain assistance. 'Please contact the Collier County Facilities Management De~art.
ment, located at 3335 Tamiami Trail East, Building W, Naples, Floriaa 34112, (239)
252-8380. Assisted listening devices for the hearing impaired are available in the
County Commissioners' Office. . ..' . . .
j;-,
BOARD OF COUNTY COMMISSIONERS
COlliER COUNTY, FLORIDA
FRED COYLE, CHAIRMAN-
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
. Fp.brllarv 11 2011
No1Ra8405
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