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Agenda 04/26/2011 Item #16A7 . . . 4/26/2011 Item 16.A.7. 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 two properties that no longer derive benefit from the MSTU's stated purpose, to add properties determined to derive benefit, and to create an advisory committee to provide input to county staff as to 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 amend the geographical boundaries of the MSTU to remove two properties that no longer derive benefit from the MSTU's stated purpose, to add properties determined to derive benefit, 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, two properties that originally had access to Rock Road along interior dirt roads, no longer have access. Because those two 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 MSTU to remove the affected properties. Additional]y, it was found, upon further review, that there were 34 properties that were detennined to benefit from improvements to Rock Road in that there is no other access road for those parcels to Immokalee Road. In addition, to improve communication between the property owners within the MSTU and staff as to future projects within the MSTU, the attached proposed amendment to the ordinance includes the creation of an Advisory Committee. The proposed three member Advisory Committee would meet semi-annuaIIy to help set the work program within the MSTU to be administered by staff. A draft copy of the proposed amended ordinance sought to be advertised is attached. FISCAL IMPACT: Based upon the 2010 Trim Notices, the proposed aniendment to the Ordinance to remove two parcels from the MSTU wiII result in an approximate annual Joss of $997.28 to the MSTU. The addition of the 34 parcels wiII result in additional revenue to the MSTU of $7,137.19 annuaIIy. Adjusted revenue based on parcels included in the revised boundary is estimated to be $37,667.91. Staff charges (Transfer to Fund 111) remain unchanged for FY-11 at $5,300 and wiII 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 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 authorizes the advertisement of the attached proposed amendment to Collier County Ordinance No. 2006-56 adjusting the property boundaries of the MSTU and creating an advisory committee for further consideration and approval by the Board at a future meeting. Packet Page -782- . . . 4/26/2011 Item 16.A.7. PREPARED BY: Darryl Richard, Project Manager, Department of Alternative Transportation Modes Attachments: (1) Amended Ordinance Packet Page -783- . . . 4/26/2011 Item 16.A.7. COLLIER COUNTY Board of County Commissioners Item Number: 16.A.7. 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 amend the geographical boundaries of the MSTU to remove two properties that no longer derive benefit from the MSTU's stated purpose, to add properties determined to derive benefit, and to create an advisory committee to provide input to county staff as to future projects within the MSTU. Meeting Date: 4/26/2011 Prepared By Name: SilJeryTessie Title: Operations Coordinator, Alternative Transportation 4/6/2011 4:55:36 PM Submitted by Title: Project Manager,Alternative Transportation Modes Name: RichardDarryl 4/6/2011 4:55:38 PM Approved By Name: LulichPame1a Title: Manager - Landscape Operations,Alternative Transpo Date: 4/7/2011 11:50:37 AM Name; HerreraGloria Title: ManagementIBudget Analyst,Transportation Administration Date: 4/11/2011 8:22:25 AM Name: BetancurNatali Title: Executive Secretary, Transportation Engineering & Construction Management Date: 4/12/2011 2:26:59 PM Packet Page -784- . . . 4/26/2011 Item 16.A.7. Name: AmoldMichelIe Title: Director - Alt Transportation Modes,Alternative Tr Date: 4/12/2011 2:47:23 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 4/13/20114:09:22 PM Name: FederNonnan Title: Administrator - Growth Management Div,Transportati Date: 4/14/2011 6:32:17 AM Name: MarcelIaJeanne Title: Executive Secretary,Transportation Planning Date: 4/14/2011 5:15:37 PM Name: KlatzkowJeff Title: County Attorney, Date: 4/15/2011 1:23:43 PM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 4/18/201112:01:44 PM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 4/18/2011 2:41 :12 PM Packet Page -785- . . . 4/26/2011 Item 16.A.7. 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 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 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 MSTU's stated purpose and to include all property owners within the MSTU's amended geographical boundaries; 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 May 10, 2011, the Board of County Commissioners as the governing body of the MSTU approved this amendment to Ordinance No. 2006-56. 1 Underlined words are added; Struck Through. words are deleted. Packet Page -786- 4/26/2011 Item 16.A.7. 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-V' which that is incorpomted by reference. The following properties". which were previously located within the MSTU's boundaries. are expressly identified as outside of the amended boundaries of the MSTU as stated in Exhibit A-I: Folio Numbers: 00211960007 00211240002 . Section Two. Creation of the Rock Road Improvement Municipal Service Taxinl! Unit Advisorv Committee. Appointment and Composition. A. There is hereby created and established the Rock Road Improvement Municipal Service Taxinp 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 apoointed by and serve at the pleasure of the Board of County Commissioners. Two members shall be oermanent residents within the MSTU and electors of Collier County. One member may be an owner of residential or commercial property within the MSTU or an appointed representative of a business located within the MSTU and an elector of Collier County. An owner of residential or commercial property may be an individual. an officer of a corpomtion. or a partner of a partnership. The 2 Underlined words are added; Struck Through. words are deleted. . Packet Page -787- . . . 4/26/2011 Item 16.A.7. Board of County Commissioners shall consider 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 apooin1ment and the term of office. D. Members of the Committee shall serve without compensation. Section Three. Terms of Office of the Advisorv 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 appointed for a term of three (3) years. Thereafter each appointment or reapoointment 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 Advisorv 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. 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 by the most current edition of Roberts Rules of Order for the transaction of business and shall keep a written record ofllie meetings, reports and exhibits. and other documentation for preservation by the County staff. D. Committee member attendance requirements. including failure to attend meetings and member removal from office are governed 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.. Packet Page -788- 4/26/2011 Item 16.A.7. 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 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 desismee in accordance with the adopted budget or budget amendments which may be adoPted by the Board of Cormtv 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. subject to approval by the Board of County Commissioners. Section Six: Conflict 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 jurisdictio~ 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 "sectio~" "article," or any other appropriate word. Section Eieht: Effective Date This Ordinance shall be effective upon filing with the Florida Department of State. 4 Underlined words are added; Struck Though words are deleted. . Packet Page -789- . . . 4/26/2011 Item 16.A.7. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 10th day of May, 2011. ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form and Legal sufficiency: Scott R. Teach Deputy County Attorney @) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN 5 Underlined words are added; Struck Through words are deleted. Packet Page -790- EXHIBIT A-1 BOUNDARY MAF- 4/26~~2,~~ ~~A.~ ROCK ROAD MSTU ----. \ ~_. L IJ.2Lkk-~OAD- 'MMOIV" -% 'l _~I~ ~ =-- ~ ~ EXISTING MSTU BOUNDARY I - \ ~ H NEW MSTU BOUNDARY I ~. ~ ~ ~% '-:/:/; - ~-- ~(;:: V -- . \--'- L- ......i ---. J I - CYPR~SS 1 \ \ . ~~~~ ~~~~ K~RIIS~D ~~~ ~~~~~ 1 :;0- o -0 ~ ~, I- - ;0- ~ 0 )> Or DEER I UN - 1 MINGe DRIVE \ . - r- -1 ~ - \ SHADY LANE II \ LEGEND: ~ REMOVED PARCEL l2{J ADDED PARCEL - EXISTING BOUNDARY = NEW BOUNDARY . T DATE: 03-22-11; DRAWN BY: DARRYL RICHARD, PROJECT MANAGER; ATM DEPT. PAGE 1 OF 3 Packet Page -791- . . . 4/26/2011 Item 16.A.7. EXHIBIT A-I PAGE20F3 GEOGRAPIDC BOUNDARIES: 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 North half of Section 32~ Township 48 South, Range 27 East, Collier County, Florida; And; All of Section 29, Township 48 South, Range 27 East, Collier County, Florida; Less the following described parcels: The East One Hundred (100) feet of the West 360 feet of the North One Half of the North West Quarter of the North East Quarter of Section 29, Township 48 South, Range 27 East, Collier County, Florida, less the North 179.18 feet previously dedicated for road right-of-way. The East One Hundred (100) feet of the West 660 feet of the North One Half of the North West Quarter of the North East Quarter of Section 29, Township 48 South, Range 27 East, Collier County, Florida, less the North 179.18 feet previously dedicated for road right-of-way. The North One Half of the North West Quarter of the North East Quarter of Section 29, Township 48 South, Range 27 East, Collier County, Florida, less the West 660 feet and less the North 179.18 feet previously dedicated for road right-of-way. The East One Half of the Southwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 29, Township 48 South, Range 27 East, Collier County, Florida, less the South 1birty (30) feet thereof. The Southeast Quarter of the Northwest Quarter of the Northeast Quarter of Section 29, Township 48 South, Range 27 East, Collier County, Florida, less the South Thirty (30) feet thereof and less the East Thirty (30) feet thereof. The West 400 feet of the East 660 feet of the North Half of the Northeast Quarter of the Northeast Quarter of Section 29, Township 48 South, Range 27 East, Collier County, Florida. Containing therein 905.61 acres, more or less. EXHIBIT A-I PAGE 2 OF3 Packet Page -792- 4/26/2011 Item 16.A.7. EXHIBIT A-I PAGE30F3 PARCEL FOLIO NUMBERS REMOVED FROM BOUNDARY: . FOLIO NUMBER 00211960007 00211240002 PARCEL FOLIO NUMBERS ADDED TO BOUNDARY: FOLIO NUMBER 00211080000 00210920006 00214160008 00214000003 00219760005 00219720003 00220240006 00220640004 00220360009 00221360008 00220720005 00221200003 00221080003 00221320006 00213960005 00212920004 00212720000 00211720001 01215120004 00211040008 00211200000 00901600004 00987160005 79904128349 00212200009 06280040004 00222280608 00222280501 00222280307 00222280103 00219840006 00220680006 71725800666 53955680001 . . EXHIBIT A-I PAGE 3 OF3 Packet Page -793-