Agenda 03/13/2018 Item #11B03/13/2018
EXECUTIVE SUMMARY
Recommendation to direct the County Attorney to advertise an Amendment to Collier County
Ordinance No. 96-84, as amended, known as the Radio Road Beautification Municipal Service
Taxing Unit (MSTU), to amend the boundaries and incorporate provisions to improve the look and
usability of the public areas within the MSTU boundaries.
OBJECTIVE: To clarify the purpose and intent of the Radio Road Beautification MSTU and to continue
to enhance the public areas within the MSTU boundaries.
CONSIDERATIONS: The Board of County Commissioners (Board) created the Radio Road
Beautification MSTU on December 17, 1996, to allow for the beautification of Radio Road between
Airport-Pulling Road and Santa Barbara Boulevard. The ordinance has since been amended a number of
times, with the last amendment having occurred on June 11, 2013, wherein the Board enacted Ordinance
No. 2013-43, allowing MSTU funds to be used to provide enhancements to the entrance of Rich King
Memorial Greenway along Radio Road, within the boundaries of the MSTU. At this time, all of the
planned improvements within the MSTU boundaries have been completed with the exception of the
improvements to the entrance of the Rich King Memorial Parkway.
In addition to amending the boundaries of the MSTU, the proposed amendment changes the purpose of
the MSTU as follows:
The MSTU is created for (1) providing beautification, curbing, watering facilities,
plantings and maintenance of the median areas and rights-of-way for that portion of
Radio Road lying between Airport-Pulling Road (County Road 31) and Santa Barbara
Boulevard and for any adjoining public road within the MSTU boundaries, and for the
purpose of providing for hardscape, watering facilities, plantings and maintenance of to
the entrance to the Rich King Memorial Greenway, as depicted in Exhibit "A." attached
to Ord. No. 2013-43 on file with the County, lying within the MSTU boundaries, which
is open to the public and utilized for recreational purposes; (2) providing traffic calming
improvements, street lighting, drainage, and sidewalks within the MSTU; and (3)
providing for the Burial of Power Lines within the MSTU. The governing body of the
MSTU shall be the Board of County Commissioners of Collier County, Florida.
The MSTU advisory committee voted 4-0 on February 12, 2018, to recommend the approval of the
ordinance modification.
FISCAL IMPACT: The Fiscal impact consists of the cost to advertise the Ordinance Amendment, which
is less than $500. Upon approval of an amendment to Ordinance No. 96-84, as amended. The advertising
cost and all additional costs associated with the modification will be budgeted under county guidelines for
fund 158 the Radio Road Beautification MSTU.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact.
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: To authorize and direct the County Attorney to advertise an Amendment to
Collier County Ordinance No. 96-84, as amended, to amend the boundaries and incorporate provisions to
improve the look and usability of the public areas within the MSTU boundaries.
11.B
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03/13/2018
Prepared By: Harry Sells, Project Manager, Public Transit & Neighborhood Enhancement Division
ATTACHMENT(S)
1. Ordinance Radio Road MSTU - CAO stamped (PDF)
2. Radio Road MSTU Proposed Boundary Change (PDF)
3. Radio Road Ordinance 96-84 (PDF)
4. Radio Road Ordinance 97-52 (PDF)
5. Radio Road Ordinance 2002-59 (PDF)
6. Radio Road Ordinance 2013-43 (PDF)
11.B
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03/13/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.B
Doc ID: 4929
Item Summary: Recommendation to direct the County Attorney to advertise an Amendment to
Collier County Ordinance No. 96-84, as amended, known as the Radio Road Beautification Municipal
Service Taxing Unit (MSTU), to amend the boundaries and incorporate provisions to improve the look
and usability of the public areas within the MSTU boundaries. (Michelle Arnold, Public Transit and
Neighborhood Enhancement, Division Director)
Meeting Date: 03/13/2018
Prepared by:
Title: Project Manager – Public Transit & Neighborhood Enhancement
Name: Harry Sells
02/22/2018 4:37 PM
Submitted by:
Title: Division Director - Pub Tran & Nbrhd Enh – Public Transit & Neighborhood Enhancement
Name: Michelle Arnold
02/22/2018 4:37 PM
Approved By:
Review:
Public Transit & Neighborhood Enhancement Michelle Arnold Additional Reviewer Completed 03/02/2018 12:09 PM
Public Transit & Neighborhood Enhancement Caroline Soto Additional Reviewer Completed 03/02/2018 12:11 PM
Operations & Veteran Services Sean Callahan Additional Reviewer Completed 03/02/2018 1:56 PM
Public Services Department Joshua Hammond Level 1 Division Reviewer Completed 03/02/2018 2:28 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 03/02/2018 3:03 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/02/2018 3:08 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/02/2018 3:13 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 03/05/2018 4:17 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 03/06/2018 11:22 AM
Board of County Commissioners MaryJo Brock Meeting Pending 03/13/2018 9:00 AM
11.B
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11.B.1
Packet Pg. 60 Attachment: Ordinance Radio Road MSTU - CAO stamped (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84)
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Packet Pg. 61 Attachment: Ordinance Radio Road MSTU - CAO stamped (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84)
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Packet Pg. 62 Attachment: Ordinance Radio Road MSTU - CAO stamped (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84)
11.B.2
Packet Pg. 63 Attachment: Radio Road MSTU Proposed Boundary Change (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-
11.B.3
Packet Pg. 64 Attachment: Radio Road Ordinance 96-84 (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84)
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Packet Pg. 65 Attachment: Radio Road Ordinance 96-84 (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84)
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Packet Pg. 66 Attachment: Radio Road Ordinance 96-84 (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84)
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Packet Pg. 67 Attachment: Radio Road Ordinance 96-84 (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84)
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Packet Pg. 68 Attachment: Radio Road Ordinance 96-84 (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84)
11.B.4
Packet Pg. 69 Attachment: Radio Road Ordinance 97-52 (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84)
11.B.4
Packet Pg. 70 Attachment: Radio Road Ordinance 97-52 (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84)
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Packet Pg. 71 Attachment: Radio Road Ordinance 97-52 (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84)
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Packet Pg. 72 Attachment: Radio Road Ordinance 97-52 (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84)
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Packet Pg. 73 Attachment: Radio Road Ordinance 97-52 (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84)
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Packet Pg. 74 Attachment: Radio Road Ordinance 97-52 (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84)
11.B.4
Packet Pg. 75 Attachment: Radio Road Ordinance 97-52 (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84)
11.B.5
Packet Pg. 76 Attachment: Radio Road Ordinance 2002-59 (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84)
11.B.5
Packet Pg. 77 Attachment: Radio Road Ordinance 2002-59 (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84)
11.B.5
Packet Pg. 78 Attachment: Radio Road Ordinance 2002-59 (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84)
11.B.5
Packet Pg. 79 Attachment: Radio Road Ordinance 2002-59 (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84)
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Packet Pg. 80 Attachment: Radio Road Ordinance 2002-59 (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84)
FILED #43
LINTY. FLORIDA
ORDINANCE NO. 2013- 4 3
20 13 JUN 21e AM I IQ RDINANCE AMENDING COLLIER COUNTY ORDINANCE NO.
CLERK OF COUR84, AS AMENDED BY ORDINANCE NO. 02-59, WHICH CREATED
THE RADIO ROAD BEAUTIFICATION MUNICIPAL SERVICE
BY. TAXING UNIT; PROVIDING FOR AMENDMENT TO SECTION THREE
TO EXPAND THE PURPOSE TO INCLUDE THE COST FOR CURBING,
WATERING FACILITIES, PLANTINGS AND MAINTENANCE OF THE
NORTH ENTRANCE OF THE RICH KING MEMORIAL GREENWAY,
WHICH IS LOCATED ALONG RADIO ROAD WITHIN THE
BOUNDARIES OF THE UNIT; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT
AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on December 17, 1996, the Board of County Commissioners adoptedr
Ordinance No. 96-84 which created the Radio Road Beautification Municipal Sre1ice 'axing
Unit("MSTU"); and
WHEREAS, on November 19, 2002, the Board of County Commissioners vested To
include the cost of maintenance of the medians of all adjoining public row. `within t, i
boundaries of the MSTU; and
1
WHEREAS, on January 28, 2011 the Rich King Memorial Greenways formally
opened to the public providing a 12-foot wide asphalt path within the Florida Power and Light
easement corridor for walkers,joggers, cyclists and in-line skaters; and
WHEREAS, on March 19, 2012, the Radio Road Beautification MSTU voted
unanimously to put aside MSTU funds for the beautification to the entrance of the Rich King
Memorial Greenway; and
WHEREAS, the Board of County Commissioners desires to amend the ordinance to
allow for MSTU funds to be used to provide curbing, watering facilities, plantings and
maintenance to the entrance of the Rich King Memorial Greenway, which is entirely located
within an FPL easement and not within the medians or right-of-way of Radio Road, but is within
the boundaries of the MSTU.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AMENDMENT TO SECTION THREE OF ORDINANCE NO. 1996-84,
AS AMENDED BY ORDINANCE NO. 02-59.
Section Three is amended to read as follows:
1
11.B.6
Packet Pg. 81 Attachment: Radio Road Ordinance 2013-43 (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84)
SECTION THREE: PURPOSE AND GOVERNING BODY.
The MSTU is created for the purpose of providing curbing, watering facilities, plantings
and maintenance of the median areas for that portion of Radio Road lying between Airport-
Pulling Road (County Road 31) and Santa Barbara Boulevard and for any adjoining public road
within the MSTU boundaries—, and for the purpose of providing for hardscape, watering
facilities, plantings and maintenance to the entrance to the Rich King Memorial Greenwav, as
depicted in Exhibit "A," attached hereto, lying within the MSTU boundaries, which is open to
the public and utilized for recreational purposes. The governing body of the MSTU shall be the
Board of County Commissioners of Collier County, Florida.
SECTION TWO: 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," or any
other appropriate word.
SECTION THREE: 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
as separate, distinct, and independent provision and such holding shall not affect the validity of
the remaining portion.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall take effect upon filing with the Department of State.
PASSED AND DULY ADOPT1 D by the Board of County Commissioners of Collier
County, Florida, this.I +4 day of J U n ei 2013.
ATTEST.` a• BOA' 1 OUN 'Y COMMISSIONERS
DWI Ft3 E„,BRCICIC4 CL RI( COLL ' T , FLORIDA
4,s By
t,; = ie , 'Clerk 17 filler, Esq., Chairwoman
S j 111.,;'?ti t'i' '.
Approved as to orm and
legal sufficiency: This ordinance filed with the
Secretary of Sta e's Ole the
It...IiA ' •
J1 /lay of _, 4 t r., ?
and acknowledgement of that
mily R. Pe u in,Assista' t County Attorney filing received this 24Th day
of -i a
2 gy A.
Darr C rk
11.B.6
Packet Pg. 82 Attachment: Radio Road Ordinance 2013-43 (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84)
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11.B.6
Packet Pg. 83 Attachment: Radio Road Ordinance 2013-43 (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84)
STATE OF FLORIDA)
COUNTY OF COLLIER)
I , DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of :
ORDINANCE 2013-43
which was adopted by the Board of County Commissioners
on the 11th day of June, 2013 , during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 13th
day of June, 2013 .
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners :
@
y: Teresa Cannon
Deputy Clerk
11.B.6
Packet Pg. 84 Attachment: Radio Road Ordinance 2013-43 (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84)