Agenda 10/13/2015 Item #17D Proposed Agenda Changes
Board of County Commissioners Meeting
October 13, 2015
Continue Item 9C to the October 27,2015 BCC Meeting: This item requires that ex parte
disclosure be provided by Commission members. Should a hearing be held on this item,all
participants are required to be sworn in.Kathleen Riley requests an appeal to the Board of County
Commissioners of a final decision by the Collier County Planning Commission to approve Petition
BDE-PL20150000487 for an 18-foot boat dock extension over the maximum 20-foot limit allowed
by Section 5.03.06 of the Land Development Code for a total protrusion of 24 to 38 feet to
accommodate a 26 slip multi-family docking facility for the benefit of a 15.61 ±acre project to be
known as Haldeman Creek Docks in Sections 11 and 14,Township 50 South,Range 25 East, Collier
County,Florida(Petition ADA-PL20150001703) (This item is a companion to Item 11B)
(Petitioner's request)
Continue Item 11B to the October 27,2015 BCC Meeting: This item requires that ex parte
disclosure be provided by Commission members. Should a hearing be held on this item,all
participants are required to be sworn in. This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item,all participants are required to be
sworn in.Recommendation to approve a Resolution approving a Special Treatment development
permit to allow construction of boat dock and dock access improvements on property owned by
Standard Pacific of Florida with a zoning designation of RMF-6(3) and a Special Treatment overlay
located in Sections 11 and 14,Township 50 South,Range 25 East,Collier County,Florida(This
item is a companion to Item 9C). (Staffs request)
Move Item 16D15 to Item 11G: Recommendation to approve Resolution 2015- ,
modifying established procedures relating to emergency repairs of private roads.
(Commissioner Henning's request)
Continue Item 161(3 to the October 27,2015 BCC Meeting: Recommendation that the Board take
no action to amend the Vehicle for Hire Ordinance. (Commissioner Taylor's request)
Continue Item 17D to the November 10,2015 BCC Meeting: Recommendation to adopt an
Ordinance amending Ordinance 97-82,as amended,which created the Bayshore Beautification
Municipal Service Taxing Unit,to expand the district boundary to include County owned right-of-
way identified for the purpose of constructing pedestrian streetscape improvements within the
right-of-way along Thomasson Drive. (Staffs request)
Note:
Item 16E7: Withdraw Item 4 from the Administrative Change Order Report,for further staff
review and subsequent presentation to the Board. This is a proposed Change Order for the
development of the 800 MhZ P25 Radio Communications System. (Staffs request)
10/13/2015 9:10 AM
10/13/2015 17.D.
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance amending Ordinance 97 -82, as amended, which created
the Bayshore Beautification Municipal Service Taxing Unit, to expand the district boundary to
include County owned right -of -way identified for the purpose of constructing pedestrian
streetscape improvements within the right -of -way along Thomasson Drive.
OBJECTIVE: To expand the Bayshore Beautification Municipal Service Taxing Unit (MSTU) boundary
to include a 100 foot by 2688 foot strip of right -of -way along Thomasson Drive.
CONSIDERATIONS: On September 22, 2015, Agenda Item No. 16131 was approved authorizing staff
to advertise an amendment to the ordinance which created the Bayshore Beautification MSTU District.
As background, the Board of County Commissioners adopted Ordinance No. 97 -82 at the December 16,
1997 regular board meeting. The ordinance established the Bayshore Beautification MSTU District
(Attachment 1) boundary.
The Board accepted a donation of $65,000 through Resolution No. 2012 -81 (Attachment 2) from CDC
Land Investments, Incorporated (CDC, Inc), owner of Isles of Collier Preserve during the May 8, 2012
meeting (Item #14B1). CDC, Inc had voluntarily and unilaterally offered the donation to the Bayshore
Beautification MSTU for the sole purposes of designing and improving Thomasson Drive/Hamilton
Avenue to assist in the beautification and improvement of the roadway.
The streetscape improvements are being planned for a large section of Thomasson Drive. The project
scope is bound on the west by the intersection of Bay Street and Thomasson Drive and on the east by
Normandy Drive. The current MSTU boundary ends approximately at the intersection of Dominion Street
and Thomasson Drive. In order to construct the entire street improvements, the MSTU boundary must be
expanded for continuity, aesthetics and safety (Attachment 3). In order to expand the Bayshore
Beautification MSTU boundary, Exhibit A of the ordinance that created the district must be amended
(Attachment 4).
The Bayshore Beautification MSTU Advisory Board approved the extension of the district boundary at
their December 5, 2012 meeting. They discussed the inclusion of the CDC, Inc contribution as a catalyst,
along with community support to complete the Thomasson Drive/Hamilton Avenue streetscape
improvements. The MSTU district has been setting aside funds for a number of years in order to
complete this project and has budgeted sufficient funds for the streetscape design and construction costs.
At this time, the MSTU district desires only to expand the district boundaries to include the right -of -way.
At the April 1, 2014 the Bayshore Beautification MSTU Advisory Committee voted unanimously to
approve awarding the Thomasson Drive /Hamilton Avenue Streetscape Improvement design contract to
RWA Consultants following a Purchasing Department solicitation (RFP #13 -6012) in the amount of
$390,148. During the June 10, 2014 Board of County Commissioners approved the contract with RWA
Consultants, Inc. (Agenda Item 16131) in the same amount for the design of Thomasson Drive/Hamilton
Avenue Streetscape Improvements. RWA is currently in the design process.
FISCAL IMPACT: The proposed actions described in this executive summary will have no fiscal
impact on the General Fund. The cost associated with advertising and recording the amendment is
$399.24 and will be paid from the Bayshore MSTU Fund (163) budget. Similarly, future construction and
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10/13/2015 17.D.
maintenance costs associated with the planned streetscape improvements will be the responsibility of
Bayshore MSTU Fund (163).
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board approval. - JAB
GROWTH MANAGEMENT IMPACT: The expansion of the Bayshore Beautification MSTU will
further the goals, objectives and policies outlined in the Future Land Use Element Bayshore /Gateway
Triangle Redevelopment Overlay.
RECOMMENDATION: That the Board of County Commissioners adopt an Ordinance amending
Ordinance 97 -82, as amended, which created the Bayshore Beautification Municipal Service Taxing Unit,
to expand the district boundary to include County owned right -of -way identified for the purpose of
constructing pedestrian streetscape improvements within the right -of -way along Thomasson Drive.
Prepared By: Elly Soto McKuen, Project Manager; Bayshore Gateway Community Redevelopment
Agency
Attachments: (1) Ordinance 97 -82, (2) Resolution 2012 -81, (3) MSTU Boundary Expansion Map, (4)
Draft Amended Ordinance.
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.D.
10/13/2015 17.D.
Item Summary: Recommendation to adopt an Ordinance amending Ordinance 97 -82, as
amended, which created the Bayshore Beautification Municipal Service Taxing Unit, to expand
the district boundary to include County owned right -of -way identified for the purpose of
constructing pedestrian streetscape improvements within the right -of -way along Thomasson
Drive.
Meeting Date: 10/13/2015
Prepared By
Name: McKuenElly
Title: Project Manager, CRA, County Redevelopment Agency
9/23/2015 8:45:49 AM
Submitted by
Title: Project Manager, CRA, County Redevelopment Agency
Name: McKuenElly
9/23/2015 8:45:50 AM
Approved By
Name: JourdanJean
Title: CRA Operations Manager, County Redevelopment Agency
Date: 9/25/2015 2:37:02 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 10/2/2015 1:11:53 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 10/5/2015 3:57:33 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Office of Management & Budget
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Date: 10/5/2015 4:44:55 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/6/2015 9:38:15 AM
10/13/2015 17.D.
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 10/6/2015 10:26:55 AM
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�._ 10/13/2015 17.D. I
ORDINANCE NO. 97- 82 ' ` RE C( _
CE�;"B
AN ORDINANCE CREATING THE BATSHORE AVAI.ON,.' pt
Cl
BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT;
PROVIDING THE AUTHORITY; PROVIDING FOR THE
CREATION; PROVIDING A PURPOSE AND GOVERNING
BODY; PROVIDING FUNDING AND THE LEVY OF NOT TO
EXCEED THREE MILS OF AD VALOREM TAXES PBR N
M
YEAR; PROVIDING FOR THE COLLECTION Or TAXES;
N
PROVIDING FOR CREATION O!' THE BAYSHORE AVALON^,
BEAUTIFICATION ADVISORY COMMTTEE; APPOINTMENTS AND COMPOSITION, PROVIDING FOR TERMS or OFFICE a w f'1'i
OF TEL ADVISORY COMMITTEE; PROVIDING FOR " �..
OFFICERS OF THE ADVISORY COMMITTEE; QUORUM; cTC�.
RULES OF PROCEDURE; PROVIDING FOR FUNCTIONS,^ -�
POWERS AND DUTIES OF THE ADVISORY COMMITTEE;
PROVIDING FOR DUTIES OF THE COUNTY
ADHnZISTRATOR OR 11I8 DESIGNEE; PROVIDING FOR
REVIEW PROCESS OF ADVISORY COMMITTEE,
PROVIDING FOR CONFLICT AND SL=AWILITY;
PROVIDING FOR INCLUSION IN THE COLLIER COUNTY
CODE OF LARS AND ORDINANCES; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the County has received inquiries and conducted
neighborhood meetings concerning proposals relating to
beautification of certain public areas located on, adjacent to,
or in proximity to Bayshore Drive; and
WHEREAS, the Board of County Commissioners' has determined
that the creation of a municipal service taxing unit is the best
method for implementing and funding the beautification of certain
Public areas located on, adjacent to, or in proximity to
Bayshore Drive.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA; that:
SECTION ONE, Authority
This Ordinance is adopted pursuant to the provisions of
Chapter 125, Chapter 165 and Chapter 200, Florida Statutes, and
. other applicable provisions of law.
SECTION TWO. Creation Of the Municipal Service Taxing Unit.
There is hereby created and established the Bayshore Avalon
Beautification Municipal Service Taxing' Unit, hereinafter
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:erred to as "MSTU ". The boundaries of the MSTU are as
llows: See attached Exhibit "A" which is incorporated herein
reference.
CTION Tmum . purpose and Coverniaq Body.
The. MSTU is created for the purpose of: 1) providing
irbing, watering facilities, plantings and maintenance of the
:dian strips of roadways within the MSTU; 2) providing traffic
filming improvements, street lighting, and sidewalks within the
STU; and 3) beautification and maintenance of other public
real within the MSTU as determined by the Advisory Committee.
he governing body of the MSTU shall be the Board of County
.ommissioners of Collier County, Florida.
MCTION FOUR. rundiap and Levy of Taxes.
For the purpose of implementing this ordinance, the Board of
�ounty Commissioners shall annually, at the time required by
;eneral budgetary law, make an itemized estimate of the amount of
money required to carry out the business of the MSTU for the next
fiscal year, which shall be from October 1 to and including
September 30 following. The estimate shall describe the purpose
for which the moneys are required and the amount. necessary to. be
raised by taxation within the MSTU. At the time and place for
fixing the annual rate of taxation for County purposes, the Board
shall fix and cause to be levied on all properties within the
MSTU subject to taxation a millage rate not to exceed three mils
per year.
SECTION FIVE. Tax Assessment a.nd Collection.
'faxes herein provided for shall be assessed and collected in
the same manner and form as provided for the assessment and
collection of general County taxes and subject to the same fees
for assessing and collecting as general County taxes.
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SECTION SIX. Creation of the Bayshore Avaloa Beautification
Advisory Committee; Appointment and
Composition.
A. There is hereby created and established the Bayshore
Avalon Beautification Advisory Committee, hereinafter referred to
as the "Committee ".
B. The Committee shall consist of five (5) members which
generally represent the area within the MSTU. Members of the
Committee 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 shall consider appointment of members from different
subdivisions or communities within the MSTU.
C. Appointment of 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, but shall be entitled to receive reimbursement for
expenses reasonably incurred in the performance of their duties
upon prior approval of the Board of County Commissioners.
SECTION SEVEN. 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. Two (2) members shall be appointed for a term of three
(3) years.
• C. One (1) member shall be appointed for a term of (4)
years.
Thereafter, each appointment or reappointment shall be for a
term of four (4) years.
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Appointments to fill any vacancies on the Committee shall be
for the remainder of the unexpired term of office.
SECTION EIGET. Officers of the Advisory Cosmiittee; Quorum; Rules
of Procedure.
A. At its earliest opportunity, the membership of the
Committee shall elect a chairman and vice chairman from among the
members. Officers terms shall be for one (1) year, with
eligibility for re- election.
B. The presence of three (3) or more members shall
constitute a quorum of the Committee necessary to take action and
transact business.
C. The. Committee shall, by majority vote of the entire
membership, adopt rules of procedure for the transaction of
business and shall keep a written record of meetings,
resolutions, fAndings and determinations. Copies of all
Committee minutes, resolutions, reports, and exhibits - shall be
submitted to the Board of County Commissioners.
D. Committee member attendance requirements, including
failure to attend meetings and member removal from office are
governed by Ordinance No. 86 -41, as amended,.or by its successor
ordinance.
SECTION HIND. luaations, Powers and Duties of the Advisory
cou i.ttae..
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 purposes of the MSTU as set forth in this
Ordinance.
B. To prepare and recommend to the Board of County
Commissioners an itemized budget of the amount of money required
to carry out the business of the MSTU for the next fiscal year.
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In carrying out this responsibility, the Committee shall, no
later than April I" of each year, meet with the County
Administrator or his designee and outline to the County
Administrator or his designee those projects which the Committee
wishes to see accomplished during the next fiscal year. Based
• upon this information, the County Administrator or his designee
shall prepare a proposed budget for the MSTU, in accordance with
standard County guidelines regarding the preparation of budgets.
This proposed budget shall then be reviewed by the Committee and
upon approval by the Committee be transmitted through the County
Administrator or his designee to the Board of County
Commissioners for adoption in accordance with procedures for the
adoption of budgets set forth under general law and the Board of
County Commissioners' policy. Should the Committee fail to
approve a budget by June 1" of each year, the County
Administrator or his designee shall be authorized to submit a
proposed budget to the Board of County Commissioners.
C. The Committee shall recommend work programs and
priorities to the County Administrator 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 Administrator or his designee. Said
work may be performed under contract (in accordance with law) or
by County forces.
D. The Committee may adopt and amend "Guidelines" to govern
its operation and the operation of the MSTU, subject to approval
by the Board of County Commissioners.
BECTXON TEN. Duties of the County Administrator or his
Designee.
be: The duties of the County Administrator or his designee shall
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with established policies of the Board of County Commissioners
and guidelines adopted by the Committee.
B. To prepare the annual budget in accordance with Section
Nine, Paragraph B, above.
C. To provide periodic written reports to the Committee,
and the Board of County Commissioners of the activities of the
MSTU and its finances in accordance with established guidelines
of the Board of County Commissioners and /or the Committee.
D. Attend all Committee meetings.
SECTION ELEVEN. Review Proasss.
This advisory Committee shall be reviewed once every four
(4) years commencing 2001, in accordance with the procedures
contained in Collier County Ordinance No. 86 -41, as amended, or
its successor ordinance.
SECTION TWELVE. Conflict and Severability.
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 THIRTEEN. 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,
aFlorida. The sections of the ordinance may be renumbered or
relettered to accomplish such, and the Word "ordinance" may be
changed to "section ", "article ", or any other appropriate word.
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SECTION IPOURTEEN. Etfeetive Date.
This Ordinance shall be effective upon filing with the Florida
Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida this 147d6 day of a !mac% , 1997.
ATTEST:
DWIGHT E. BROCK, Clerk
Approved as to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
IMOTHY HANCOCK, Chairman
hAwM aRhd MMM Mows= Mwicipa &nice Taiae OAR
. 7.
____ Packet Page -2365-
This ordinance flied with the
Secretory of S! o's Office the
o�i i�day of � Z297
and ocknowladgement of that
filing received thfsi% day
of I, !
EXHIBIT A
BAYSHORE DEVELOPMENT AREA
LEGAL DESCRIPTION
Begin at the Southwest corner of Section 23, Township 50 South, Range 25 East, Collier
County, Florida; thence Northerly along the west line of Section 23 and the West line of
Section 14 to the centerline of Haldeman Creek; thence Northeasterly along the centerline
of Haldeman Creek to the Intersection of the West line of the East quarter of the
Southwest quarter of Section 11; thence Northerly along the West line of the East quarter
of the Southwest quarter of Section 11 to the North line of Mangrove Avenue; thence
Easterly along the North line of Mangrove Avenue to the East line of Pine Street; thence
Northerly along the But line of Pine Street to the centerline of a 10' wide alley in Block
4 as shown on the plat of "W.H. Sureney Subdivision" as recorded in Plat Book 1, Page
28, Public Records of Collier County; thence Easterly along said centerline and its
Easterly extension to the East line of Lot 39, as shown on the plat of "Naples Groves and
Truck Co.'s Little Farms No. 2" as recorded in Plat Book 1, Page 27A, Public Records of
Collier County; thence Southerly along said East line to the South fine of Weeks Avenue;
thence Easterly along the South line of Weeks Avenue to the West line of Bayshore
Drive; thence Northerly along West tine of Bayshore Drive to the southwesterly right-of-
way line of U.S. 41; thence southeasterly along the Southwesterly right -of -way line of
U.S. 41 to the East line of the West one eighth of the Northwest quarter of Section 13;
thence southerly along the East line of the West one eighth of the Northwest quartet of
Section I3 to the South lino of the Northwest quarter of Section 13; thence Westerly
along the South line of the Northwest quarter of Section 13 to the West line of Section
13; thence Southerly along the West fine of Section 13 and the East line of Section 23 to
the South line of Section 23; thence .Westerly along the South line of Section 23 to the
Southwest comer of Section 23 and the Point of Beginning.
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10/13/2015 17.D.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, gollier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 97 -82
Which was adopted by the Board of County Commissioners on the 16th day
of December, 1997, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 17th day of December,
1997.
DWIGHT E. BROCK .. .•i 'G,'"1�� :• I
Clerk of Courts a;iw 1:
Ex- officio to BoartF,. f
County Commission s.' ^
By: Ellie Hoffman
Deputy Clerk
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14-r7 -Ate Mp,t4 -" 2�
RESOLUTION NO. 2012- 81
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY DECLARING A PUBLIC PURPOSE FOR THE
RECEIPT AND ACCEPTANCE OF A $65,000 DONATION TO BE
EXPENDED ONLY FOR THE STREETSCAPE DESIGN AND ROADWAY
CONSTRUCTION COSTS ALONG HAMILTON AVENUE AND
THOMASSON DRIVE FROM BAY STREET TO NORMANDY DRIVE.
WHEREAS, the Board of County Commissioners of Collier County finds there is a
compelling public purpose for the beautification and improvement of the County's roads along
Hamilton Avenue and Thomasson Drive from Hamilton Avenue to Lombardi Drive;
WHEREAS, CDC Land Investments, Inc. has voluntarily and unilaterally offered to
donate $65,000 to the Bayshore Beautification MSTU for the sole purposes of designing and
improving Hamilton Avenue and Thomasson Drive from Bay Street to Normandy Drive;
WHEREAS, the Board finds that there is a compelling public purpose for .the Bayshore
Beautification MSTU to receive and accept a donation to assist in the beautification and
improvement of County Roads in the Bayshore Beautification MSTU;
WHEREAS, the Board authorizes the Bayshore Beautification MSTU to accept the
monetary donation and to spend the donation in a manner consistent with the stated public
purpose; and
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
I. The Board hereby declares that there is a public purpose to accept a $65,000
monetary donation from CDC Land Investments, Inc. to be used for the sole purposes
of streetscape design along Thomasson Drive and Hamilton Avenue from Bay Street
to Normandy Drive.
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10 2. CDC agrees to deposit $65,000 with the ore Ba sh Beautification cation MSTU within 30
days of the approval by the Collier County Board of County Commissioners (BCC)
of the final design contract for the streetscape improvements along Hamilton Avenue
and Thomasson Drive from Bay Street to Normandy Drive. If the final design
contract is not approved by the BCC by January 1, 2015, this pledge shall expire.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this V day of l Y , 2012.
' 1 4, -- BOARD OF COUNTY COMMISSIONERS
W .SRO
f K; LERK COLLIER COUNTY FLORIDA
By:
tp��f ` n FRED W. COYLE, CHA AN
pt� proved as to form egal sufficiency:
Steven T. Williams
Assistant County Attorney
17
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CDC LAND
INVESTMENTS, INC.
April 10, 2012
Mr. Dave Jackson
Executive Director
Bayshore Beautification MSTU
4069 Bayshore Drive.
Naples, Florida 34112
Dear Mr. Jackson:
10/13/2015 17.D.
2550 GOODLETTE RD. N., #100, NAPLES, FL 34103 • 239.261.4455
Re: Strcetseape Design Pledge — Sabal Bay PUD
CDC Land Investments Inc. (CDC) has been working with the Bayshore
Beautification MSTU on the st•ectscape design along Thomasson Drive and Hamilton
Avenue for several years.
CDC supports this important neighborhood improvement, and agrees to deposit
$65,000 with the Bayshore Beautification MSTU within 30 days of the approval by
the Collier County Board of County Commissioners (BCC) of the final design
contract for the streetscape improvements niong Hamilton Avenue and Thomasson
Drive from Bay Street to Normandy Drive, The $65,000 is required to be expended
only for the strectscape design and construction costs and no other purpose.
With the exception of financial obligations which are imposed upon all property
owners within the MSTU and/or CRA, the $65,000 payment satisfies all other
obligations of CDC in regards to the MSTU and CRA. If the Final design contract is
not approved by the BCC by January 1, 2015, this pledge shall expire.
Sincerely,
Robert D. Corina
Vice President
CDC Land Investments Inc.
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ORDINANCE NO. 25 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO.
97-82, AS AMENDED, WHICH CREATED THE BAYSHORE
BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT BY
EXPANDING ITS BOUNDARIES, AS DEPICTED ON THE
ATTACHED EXHIBIT "A," TO ALLOW FOR RIGHT -OF -WAY
IMPROVEMENTS ALONG THOMASSON DRIVE FROM
DOMINION DRIVE TO THE INTERSECTION OF THOMASSON
LANE AND NORMANDY DRIVE; PROVIDING FOR CONFLICT
AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on December 16, 1997, the Board of County Commissioners (Board)
adopted Ordinance 97 -82, which created the Bayshore Beautification Municipal Service Taxing
Unit (MSTU); and
WHEREAS, the Board subsequently amended Ordinance No. 97 -82 through its adoption
of Ordinance Nos. 98 -15, 98 -29, 2008 -20 and 2013 -68; and
WHEREAS, the Bayshore Beautification Advisory Committee has recommended
expanding the MSTU boundaries to allow for right -of -way improvements along Thomasson
Drive beginning at Dominion Drive and running east to the intersection of Thomasson Lane and
Normandy Drive.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that
SECTION ONE: AMENDMENT TO SECTION TWO OF ORDINANCE NO 97 -82,
AS AMENDED.
Section Two of Ordinance No. 97 -82, as amended, is here amended to read as follows:
There is hereby created and established the Bayshore Beatification Municipal Service Taxing
Unit, hereinafter referred to "MSTU." The boundaries of the MSTU are as follows. See
attached Exhibit "A," entitled Bayshore Development Area Expanded Legal Description, which
is incorporated herein by reference.
[15- CRA- 00339/1205897111
Words underlined are added; Words s4ve1c--� are deleted.
t_
1
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SECTION TWO: CONFLICT AND SEVERABILITY.
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 the 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 THREE: 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 FOUR: Effective Date.
This Ordinance shall become effective upon receipt of notice from the Secretary of state
that this Ordinance has been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of
ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney
[15- CRA- 00339/1205897/1]
2015.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
TIM NANCE, CHAIRMAN
Words underlined are added; Words 54uelf4hrouO are deleted.
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10/13/2015 17.D.
Exhibit A
Bayshore Development Area
Expanded Legal Description
Begin at the Southwest corner of Section 23, Township 50 South, Range 25 East, Collier County,
Florida; thence Northerly along the west line of Section 23 and the West line of Section 14 to the
centerline of Haldeman Creek; thence Northeasterly along the centerline of Haldeman Creek to
the Intersection of the West line of the East quarter of the Southwest quarter of Section 11;
thence Northerly along the West line of the East quarter of the Southwest quarter of Section 11
to the North line of Mangrove Avenue; thence Easterly along the North line of Mangrove
Avenue to the East line of Pine Street; thence Northerly along the East line of Pine Street to the
centerline of a 10' wide alley in Block 4 as shown on the plat of "W.H. Surency Subdivision" as
recorded in Plat Book 1, Page 28, Public Records of Collier County; thence Easterly along said
centerline and its Easterly extension to the East line of Lot 39, as shown on the plat of "Naples
Groves and Truck Co's Little Farms No. 2" as recorded in Plat Book 1, Page 27A, Public
Records of Collier County; thence Southerly along said East line to the South line of Weeks
Avenue; thence Easterly along the South line of Weeks Avenue to the West line of Bayshore
Drive; thence Northerly along West line of Bayshore Drive to the southwesterly right -of -way
line of U.S. 41; thence southeasterly along the Southwesterly right -of -way line of U.S. 41 to the
South line of Haldeman Creek; thence Westerly along the South line of Haldeman Creek to the
East line of the West one eighth of the Northwest quarter of Section 13; thence southerly along
the East line of the West one eighth of the Northwest quarter of Section 13 to the South line of
the Northwest quarter of Section 13; thence Westerly along the South line of the Northwest
quarter of Section 13 to the West line of Section 13; thence Southerly along the West line of
Section 13 to the southwest corner of Lot 1, Block 7, Avalon Estates, Unit No. 1 according to
the plat thereof, recorded in the public records of Collier County Florida, in Plat Book 3 page
62, thence North 89 degrees, 55 seconds East a distance of 2,688 feet to a point 50 feet north of
the South 1/4 of Section 13; thence South 00 degrees, 25 seconds East 100 feet to a point 50 feet
south of the South 1/4 of Section 13; thence South 89 degrees, 55 seconds West a distance of
2,688 feet to the west line of Section 13; thence southerly to the southwest comer of Section 13•
thence continue southerly along the west line of Section 23 to the southwest corner of Section 23
and the POB.
[15 -CRA- 00339/1205897111
Words underlined are added; Words stmok thfou are deleted.
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10/13/2015 17.D.
NEW
NOTICE OF INTENT TO CONSIDER ORDINANCES
Notice is hereby given that on Tuesday, October 13 2015 in
the Board of County Commissioners Meeting Room, 3rd Floor,
Building "F," Collier County Government Center, 3299 Tamiami
Trail East, Naples, Florida, 34112, the Collier County Board of
County Commissioners will consider the enactment of County
ordinances. The meeting will commence at 9:00 A.M. The titles
of the proposed ordinances are as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING SECTION ONE OF
ORDINANCE NO. 75-26, AS AMENDED, "MEETINGS OF THE BOARD
OF COUNTY COMMISSIONERS," SPECIFICALLY PARAGRAPH 6,
"RECONSIDERATION OF MATTERS GENERALLY," AS IT RELATES
TO RECONSIDERATION OF CONTRACTS; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
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 a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
If you area person with a disability who needs any accommodation
in order to participate in this proceeding, you are entitled, at no to the cost erg County rFacilities fManagement Division, located at contact
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
TIM NANCE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Cannon, Deputy Clerk
(SEAL)
September 30, 2015 No. 711969
Packet Page -2375-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE
NO. 97 -82, AS AMENDED, WHICH CREATED THE BAYSHORE
N
BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT BY
EXPANDING ITS BOUNDARIES, AS DEPICTED ON THE ATTACHED
EXHIBIT "A," TO ALLOW FOR RIGHT -OF -WAY- IMPROVEMENTS
ALONG THOMASSON DRIVE FROM DOMINION DRIVE TO THE
o
INTERSECTION OF THOMASSON LANE AND NORMANDY DRIVE;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
N
-INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
0
PROVIDING FOR AN EFFECTIVE DATE.
L
Copies of the proposed Ordinances are on file with the Clerk to
W
the Board and are available for inspection. All interested parties
E
are invited to attend and be heard.
flNOTE:
All persons wishing to speak on any agenda item must
W
register with the County administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
T
limited to 3 minutes on any item. The selection of an individual
to speak on behalf of an organization or is
_0
(n
group encouraged.
If recognized by the Chairman, a spokesperson for a group or
organization may be allotted 10 minutes
to speak on an item.
c
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said
:51.
Z
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
w
Z
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 a decision of the Board
will need a record of the proceedings pertaining thereto and
therefore, may need to ensure a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
If you area person with a disability who needs any accommodation
in order to participate in this proceeding, you are entitled, at no to the cost erg County rFacilities fManagement Division, located at contact
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
TIM NANCE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Cannon, Deputy Clerk
(SEAL)
September 30, 2015 No. 711969
Packet Page -2375-