Agenda 05/22/2012 Item #17A5/22/2012 Item 17.A.
EXECUTIVE SUMMARY
Recommendation to approve an amendment to Collier County Ordinance No. 200944, the
Radio Road, East of Santa Barbara Boulevard to the Intersection of Radio Road and Davis
Boulevard Municipal Service Taxing Unit (MSTU) Ordinance, to remove the six -year
sunset provision and provide for the dissolution of the MSTU upon recommendation by the
MSTU Advisory Committee and approval by the Board of County Commissioners.
OBJECTIVE: To approve an amendment to Ordinance Number 2009 -44 to remove its existing
six -year sunset provision and provide for the dissolution of the Radio Road, East of Santa
Barbara Boulevard to the Intersection of Radio Road and Davis Boulevard Municipal Service
Taxing Unit (the "MSTU ") upon recommendation by the MSTU Advisory Committee and
approval by the Board of County Commissioners after the landscape and irrigation project is
completed and all indebtedness, which is in the process of being financed, is paid.
CONSIDERATIONS: On July 28, 2009, the Board of County Commissioners established the
MSTU. The Committee has been meeting since October 2010 and in that short time hired a
landscape architect and developed preliminary plans for the beautification of the roadway. When
the Ordinance establishing the MSTU was enacted, it contained a six -year sunset provision. With
the downturn in property values it would take additional time to accrue the funds needed for the
construction of the project.
On March 29, 2011, the MSTU Advisory Committee held a public meeting for review of
preliminary project plans for landscaping & irrigation on Radio Road between Santa Barbara
Boulevard and Davis Boulevard. There were 41 residents who attended that publicly advertised
meeting, representing various communities within the MSTU boundary. The overwhelming
comments received during that meeting indicated that the community wanted to see the project
done as soon as possible and that the MSTU should pursue financing to advance the construction
to take advantage of lower contractor pricing.
On June 14, 2011, the MSTU Advisory Committee Chairman petitioned the Board of County
Commissioners seeking direction for staff assistance in acquiring a loan for the landscape and
irrigation installation project. The Board directed staff to assist the MSTU in obtaining the
appropriate financing to advance the project. In order to meet the MSTU Committee's financial
goals, a referendum question was posed to the qualified electors residing within the MSTU to
determine whether they agreed that the capital improvements project should be financed through
a loan and whether the ad valorem taxes already being levied can be utilized to repay said loan.
County staff worked with the Supervisor of Elections office to coordinate the timeline to submit
the referendum question for the Presidential Preference Primary. On January 31, 2012, voters
within the MSTU approved utilizing the existing ad valorem property taxes to support a loan not
to exceed $649,000, with a maturity no longer than 10 years.
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In order to proceed with project financing the existing ordinance must be amended to remove the
six -year sunset provision to allow the life of the MSTU to extend, at a minimum, through the 10
year life of the loan.
On April 24, 2012, the Board authorized staff to advertise a proposed amendment to the
Ordinance. The Ordinance amendment has been advertised and staff is at this time
recommending approval of the amendment in order to move forward with the project and
provide for the ability to repay the project loan within the timeframe prescribed for in the loan
agreement and consistent with the Referendum approved by the voters within the MSTU.
FISCAL IMPACT: Extending the life of the MSTU will result in additional years during
which properties within the MSTU could be subject to the Radio Road East MSTU tax levy. The
immediate cost for recording the Ordinance amendment is approximately $27.
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
approval. -SRT
GROWTH MANAGEMENT IMPACT: There is no growth management impact with this
Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve an amendment to
Collier County Ordinance Number 2009 -44, to remove the current six -year sunset provision and
to provide for dissolution of the MSTU, upon recommendation by the MSTU's Advisory
Committee and approval by the Board of County Commissioners, after completion of the
landscape and irrigation project is completed and all indebtedness is paid. A copy of the
proposed Amended Ordinance is attached for the Board's review.
Prepared By: Darryl Richard, Project Manager, Department of Alternative Transportation Modes
Attachments: (1) Amended Ordinance
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5/22/2012 Item 17.A.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.A.
Item Summary: Recommendation to approve an amendment to Collier County Ordinance
No. 2009 -44, the Radio Road, East of Santa Barbara Boulevard to the Intersection of Radio Road
and Davis Boulevard Municipal Service Taxing Unit (MSTU) Ordinance, to remove the six -year
sunset provision and provide for the dissolution of the MSTU upon recommendation by the
MSTU Advisory Committee and approval by the Board of County Commissioners.
Meeting Date: 5/22/2012
Prepared By
Approved By
Name: ArnoldMichelle
Title: Director - Alt Transportation Modes,Altemative Tr
Date: 4/26/2012 5:25:53 PM
Name: BetancurNatali
Title: Executive Secretary,Transportation Engineering & C
Date: 4/30/2012 3:31:04 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 5/4/2012 1:04:59 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 5/9/2012 2:02:56 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 5/9/2012 2.26:06 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 5/16/2012 9:36:08 AM
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Name: OchsLeo
Title: County Manager
Date: 5/16/2012 9:55:50 AM
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5/22/2012 Item 17.A.
5/22/2012 Item 17.A.
ORDINANCE NO. 2012-
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE 2009 -44 (THE
RADIO ROAD, EAST OF SANTA BARBARA BOULEVARD TO THE INTERSECTION
OF RADIO ROAD AND DAVIS BOULEVARD MUNICIPAL SERVICE TAXING
UNIT); AMENDING SECTION THREE, PURPOSE AND GOVERNING BODY;
AMENDING SECTION FOUR, FUNDING AND LEVY OF TAXES; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on July 28, 2009, the Board of County Commissioners enacted Ordinance
No. 2009 -44 creating the "Radio Road, East of Santa Barbara Boulevard to the intersection of
Radio Road and Davis Boulevard MSTU (the "MSTU ")" to fund and implement the installation
of landscaping and irrigation capital improvements within that geographic area; and
WHEREAS, the MSTU's Advisory Committee requested that the Board of County
Commissioners amend and revise Sections Three and Four of Collier County Ordinance No.
2009 -44; and
WHEREAS, on May 22, 2012, the Board of County Commissioners as the governing
body of the Radio Road, East of Santa Barbara Boulevard to Davis Boulevard Municipal Service
Taxing Unit approved this amendment to Ordinance 2009 -44.
NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY
COMNIISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE. Section Three, Purpose and Governing Body is hereby amended as
follows:
Section Three. Purpose and Governing Body.
The MSTU is created for the purpose of providing landscaping and spiipAdef systeffis
irrigation capital improvements for the section of Radio Road from Santa Barbara Boulevard east
to Davis Boulevard. This MSTU will sunset when the r- " ^.r °^' ' is sempl `°a �
r ,
w-hieh ever- happens 90efieF shall be dissolved upon recommendation by the MSTU Advisory
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Committee and approval by the Board of County Commissioners after payment of all
indebtedness incurred for the project, and completion of the project.
SECTION TWO. Section Four, Funding and Levy of Taxes is hereby amended as follows:
SECTION FOUR. Funding and Levy of Taxes.
For the purpose of implementing this Ordinance, the Board of County Commissioners
shall annually, at the time required by general 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 I to and including September 30 following, until the project is eitheF
completed all related indebtedness is paid and the MSTU is dissolved as provided in Section
Three er. • hen '6' yeafs is up, whieh evef eemes . 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 .5 mils per year.
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 court of competent jurisdiction holds any
phrase or portion of the Ordinance invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and may be made a part of the Code of
Laws and Ordinances of Collier County, Florida. The section of the Ordinance may be
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5/22/2012 Item 17.A.
renumbered or re- lettered to accomplish such, and the word "Ordinance" may be changed to
"Section," "Article," or any other appropriate word.
SECTION FIVE. Effective Date.
This Ordinance shall take effect upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this 22nd day of May, 2012.
ATTEST:
DWIGHT E. BROCK, CLERK
Approved as to form and
Legal sufficiency:
Scott R. Teach
Deputy County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
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5/22/2012 Item 17.A.
241.)) Sunday, May 6,2012)) NAPLES DAILY NEWS
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, May 22, 2012, in the Boardroom ., 3rd Floor,
Administration Building, Collier County Government Center, 3299 East Tamiami
Trail, Naples, Florida, the Board of County Commissioners will consider the
enactment of a County Ordinance. The meeting will commence at 4:00 A.M. The
title of the proposed Ordinance is as follows:
AN RN COUNTY NSEIMROAD,EASTF SANTA B RBARA BOULEVARD TTO THENTERCONOF RADiO
ROAD AND DAVIS -BOULEVARD MUNICIPAL SERVICE TAXING UNiT); AMENDING
SECTION THREE, PURPOSE AND GOVERNING BODY;. AMENDING SECTION FOUR
.FUNDING AND LEVY OF TAXES; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE COLLER COUNTY CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE,
Copies of the. proposed 'Ordinance are on file with the Clerk to the Board and are
available for inspection. All interested parties are invited.tD attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the
=al. .administrator prior to presentation of the agenda Item to 6e addressed.
speakers will be limited to 3 minutes on any item.; The selection of an
individual to speak on behalf of an organization or group is encouraged. If
recognized. by the Lhairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. in any case, written materials intended to be considered by the
Board shall be.submitted to the appropriate County staff, a minimum of seven day, .
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 that a verbatim
record of the proceedings is made, which record includes _the testimony and
evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in, order to
participate in this proceeding, you are entitled, at no cost to you, to the provision
Management
of .certain assistance. Please contact the Collier County Facilities Mana
Department, located at 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
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
May 6. 7_012
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