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Agenda 09/11/2012 Item #16D 99/' ,x201 -" It^rr EXECUTIVE SUMMARY Recommendation to request for authorization to advertise and bring back an Ordinance amending Collier County Ordinance No. 91 -107, 's amended (The Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), t incorporate provisions to facilitate the construction of roadways and roadway improvem nts within the MSTU boundaries. OBJECTIVE: To amend Ordinance No. 91 -107, a amended, the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit (hereafter the "MSTU ") to incorporate provisions to facilitate the construction of roadways and roadway improvements within the MSTU boundaries. CONSIDERATIONS: The Board of County Comm.ssioners created the Forest Lakes Roadway and Drainage MSTU on December 10, 1991, to allow for roadway drainage improvements within the MSTU. With the approval of the Forest Lakes Bond Issue in 2007, the MSTU successfully completed multiple roadway drainage related projects. The MSTU completed the last remaining drainage related improvement project in 2010. Since the completion of the roadway drainage related projects, many residents have approached the MSTU Advisory Committee requesting that the Advisory Committee consider improvements to the main entrance to the community on Forest Lakes Boulevard at the intersection with Pine Ridge Road. There have been at least two major traffic accidents documented at the main entrance during the Last few years, with one accident taking out the Quail Run Gulf Club sign and the other- accident resulting in one fatality. Members of the community are requesting that an additional right -turn lane be added at the front entrance for improved 'safety. A modification of the MSTU's ordinance is necessary to allow the MSTU to peljform roadway construction and roadway improvements relating to the proposed modifications to the front entrance intersection. The MSTU staff has been working with the Translportation Engineering and Construction Management (TECM) Department to coordinate the ntrance improvements to ensure improved traffic movements at the intersection at Pine Ridge Read. The Forest Lakes MSTU Advisory Committee fiormally approved moving forward with installation of the right -turn lane at the front entrance on February 8, 2012. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. Upon approval of amendment to No. 91 -107, as amended, all cost associated with the construction of roadways and roadway improvements will be borne by the Forest Lakes Roadway and Drainage 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 approval —SRT. Packet Page -2886- 9- 1,201 Item 16.- GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the County Manager, or his designee, be directed to advertise the attached amendment to Ordinance No. 91 -107, as amended, to bring it back for the Board's consideration. Prepared by: Darryl Richard, Project Manager, Department of Alternative Transportation Modes Attachments: (1) Proposed Amended Ordinance, (2) Minutes February 8, 2012. Packet Page -2887- 9/1 ' /2`I "� 2 1 t e r r 16 e COLLIER COUNTY Board of County Commissioners Item Number: 16.D.9. Item Summary: Recommendation to request for authorization to advertise and bring back an Ordinance amending Collier County Ordinance No. 91 -107, as amended (The Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), to incorporate provisions to facilitate the construction of roadways and roadway improvements within the MSTU boundaries. Meeting Date: 9/11/2012 Prepared By Approved Bv Name: ArnoldMichelle Title: Director - Al' Transportation 1Viodes.Altemative Tr Date: 8/14/2012 5:49:38 PM Name: LynchDian: Title: Administrative Assistant Date: 8/15/2012 1:42:40 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 8/23/2012 4:33:04 PM Name: CarnellSteve Title: Director - Purchasing /General Services,Purchasing Date: 8/28/2012 5:01:48 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 8/29/2012 11:12:45 AM Name: KlatzkowJeff Title: County Attorney Date: 8/29/2012 3:59:24 PM Packet Page -2888- 9/i '21012, Item fC-,.D.0 lvame: isacKsonmark Title: Director -Corp Financial and Mgmt Svs.CMO Date: 8/31/2012 11:23:23 AM Packet Page -2889- 9/'1120'z' Item, ADVISORY COMMITTEt:, 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 February 8, 2012 Minutes A. Call to order Meeting was called to order at 10:00 a.m. by Robert Jones. A quorum was established. B. Attendance Members: Robert Jones, George Fogg, Dick Barry, Kenneth Bloom, Kevin McKyton County: Darryl Richard— Project Manager, Michelle Arnold -ATM Director, Gloria Herrera - Budget Analyst, Pam Lulich- Landscape Operations Manager Other: Scott Windham - Windham Studio, John Hahnam - Public, Antje Sackman- Public, Chuck Stemples - Public, Karen Stemples- Public, Darlene Lafferty- Juristaff III. Approval of Agenda Add: Vll. A. Intersection improvements - Forest Lakes Blvd. at Pine Ridge Road V. C. Arborist Services George Fogg moved to approve the agenda as amended. Second by Dick Barry. Motion carried unanimously 5 -0. N'. Approval of Minutes — January 11'. 2012 George Fogg moved to approve the minutes of January 11, 2012 as submitted. Second by Kenneth Bloom. Motion carried unanimously 5 -0. `'. Transportation Services A. Budget Report — Gloria Herrera reviewed the following: (See attached) • Collected Ad Valorem Tax $130,976.82 • Available Operating Expense $148,508.73 B. Project Manager Report — Darryl Richard — Discussed under V. C. 1 Packet Page -2890- 9'l 1;2012 Item 106. D. . C. Amorist Servi:se, Darryl Richara reviewed Arborist(s) Quotes to remove (3) Ficus Trees: • Publix Property Manager advised Staff - Ficus Trees were sprayed for white flies along Woodshire - Follow up treatment is planned (by Publix) • County Arborist recommended to remove the (3) Ficus Trees • Signature Tree Care Quote- $1,410.00 (See attached) • Davey Quote - $2550.00 (See attached) Kenneth Bloom moved to approve the Signature Tree Care Bid for the removal of (3) Ficus Trees, stump grinding and total removal of the Trees for $1,410.00 as proposed. Second by Kevin McKyton. Motion carried unanimously 5 -0. Darryl Richard presented a Signature Tree Care Quote to address (5) Black Olive Trees behind Mira Vista in Quail Run (solicited by Chuck Stemples): (See attached) o The Lake Stabilization Project may have negatively impacted the Trees o County Arborist recommended the following - Fertilization (slow release) - Root pruning and cut girdling roots - Remove dead Branches o Noted Branches are showing signs of damage as they were cut to allow (Equipment) access to the Lake area Discussion ensued on the Quote. Staff suggested the MSTU obtain a separate Proposal for the repair work. George Fogg posed that the MSTU is partially responsible for damage that resulted from the Lake Shoreline Protection Project. George Fogg moved for the MSTU to address and to solve the Tree problems (Lake 12 and Mira Vista), the Black Olive Trees should be addressed due to damage incurred during the MSTU Drainage work. Second by Kenneth Bloom. Various Items on the Proposal were discussed. After discussion the Committee concurred with the following by the MSTU and Mira Vista: Mira Vista • Item No. 2 - Girdling roots is not applicable to the MSTU • Item No. 3 - Application of compost top dressing MSTU • Item No. 1 - Removal of dead branches • Item No. 4 - Application of slow release Fertilizer Discussion took place on Item No. 3.-Application of compost to top dressing. 2 Packet Page -2891- z i i' e G Ite- Siaf wa: - cena :, C t-i-- so;, !rJ2; ccorni ua cie-- C1'„ tJlpr`ic i .r' 'i1C Project. Chuck Stemples requested the MSTU help restore the Trees back to the original condition (as practical) prior to the Lake Construction. After much discussion the Committee agreed the MSTU will obtain Quotes from Signature Tree Care and Davey for (4) Items with the stipulation that the MSTU will pay for (1) Application of compost top dressing (in the first year) and Mira Vista will be responsible for the second application. George Fogg amended the Motion to include: that the work is not to exceed $9,000.00 and to cover all (4) Items. Second by Kenneth Bloom. Motion carried unanimously 5 -0. It was clarified that (1) Application of compost top dressing will be specified in the Quotes. VI. Landscape Architect Report — Windham Studio Scott Windham gave the following Status Reports: (See attached) Phase i o Locates are complete c Trees - Large species will be changed to smaller Tress due to the close proximity to underground Utilities (along the Cul -de- sac's) George Fogg expressed dissatisfaction with a change in Tree species and noted historically in the Forest Lakes Development that a conflict with underground utilities and the location of the existing Trees has ever been an issue. Scott Windham replied that as the Consultant it his responsibility to: o Advise the Committee of the find inas c Propose changes (to avoid a potential future conflict) c Maintain the original Design intent c Be sensible in respect to underground Utilities Staff noted a variance will be required from the Utility Department if the larger Trees are installed. Discussion continued on the potential conflict with installing Trees and the underground utilities. 11:03 a.m. Kevin McKyton left. After much discussion the Committee concluded: • To use the original Landscape Plan • Make adjustments based on input from the Utility Companies as needed Packet Page -2892- M 9/1'1/2012 item ic....� Kennett Bloom moves' tc proceec wits the original Landscape Plar.. V, the Utility Companies reject the Plan to apply for a variance, and if necessary (Scott Windham and George Fogg) will make adjustments to the Landscape Plan. Second by George Fogg. Motion carried unanimously 40. Scott Windham continued with the Status Report: o Hannula completed the final grade in the Medians o Work to be completed following the weekly on -site meeting on 2 -9 -12 (Club Parking Lot at 8:30 a.m.) - Plant Boulders around the Directory Sign - Finalize the layout position for the section of sidewalk along the Club Parking Lot Phase 11 • Scott Windham and Staff gave a Presentation at the Quail Run Club to update the Board Members and Residents on the proposed Woodshire Pool Parking • Darryl Richard and Scott Windham conducted a walkthrough with Turtle Lakes (Board Members) - Subsequently a Presentation was given to the Turtle Lakes Residents - A few minor changes will be made to the Plans based on input by the Board and Residents • Based on a recommendation by George Fogg an Estimate was submitted outlining cost options to remove and replace St. Augustine Sod with Ground Cover (along Woodshire Lane) (See attached) Discussion ensued on the removal of the St. Augustine sod. After discussion the following was concluded: St. Augustine Sod is shade tolerant o Cost increase to install Ground cover material in lieu of St. Augustine Sod is $70,000.00 - $75,000.00 o St. Augustine Sod specifications will remain and Ground cover (adjacent to the trees) will be utilized o Installing Ground Cover requires a modification to the Planting Plans George Fogg moved to approve Windham Studio Total Design Cost be increased not to exceed $3,000.00. Second by Kenneth Bloom. Motion carried unanimously 40. VI1. Old Business A. Intersection Improvements - Forest Lakes Blvd. at Pine Ridge Road Staff conferred with Traffic Operations on installing an additional turn lane (East side) and the following was noted: • The MSTU can install an additional turn lane (East side) • Traffic Operations will incur cost to adjust the traffic light(s) Packet Page -2893- CC + Tn�_ MS -, wil rlele� u nir-_ s _- or;suttan- ro oesi - t -r: adbatona ter° lane - Review process is required to add a turn lane (by Traffic Operations) - Coordination with the Golf Club is needed (removal of Australian Pines may be needed) Kenneth Bloom moved to direct Staff to proceed with a Feasibility Study to install a third lane right hand turn at the entrance to Forest Lakes. Second by George Fogg. Staff requested Windham Studio provide a Proposal with a Scope of Services at the March meeting to include .work by subcontractor ABB. Kenneth Bloom amended the motion to include: To ask Staff to move forward with a Feasibility Study and do not bring back a Proposed Price. Staff noted it was advisable for the Committee to review the Proposal by Windham Studio. Without a second the amendment to the motion was withdrawn. Motion carried unanimously 4-0. V111. New Business - None I.X. Public Comment Chuck Stempies questioned the timeframe for the Lighting Feasibility Study and deemed that Lighting was a safety issue and should have taken priority to Beautification. George Fogg perceived that the additional turn lane is a major safety issue and takes precedence over the installation of Street Lights. 5 Packet Page -2894- 9111 i/20 2 Item 16.G.�. There beinc no r`urther business to come before the ::ommittee, the meeting was adjourned by the Vice Chairman at 11:42 a.m. Forest Lakes Roadway and Drainage MSTU Advisory Committee Robert Jones, C rman These minutes approved by the Committee on .. L -- I, as presented or amended Xc rol Packet Page -2895- 9!",, i /201 .21 It err i- C ORDINANCE NO. 2012- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 91 -107, AS AMENDED, WHICH ESTABLISHED THE FOREST LAKES ROADWAY AND DRAINAGE MUNICIPAL SERVICE TAXING UNIT, BY AMENDING SECTION ONE IN ORDER TO EXPAND THE PURPOSE OF THE UNIT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 10, 1991, the Board of County Commissioners adopted Ordinance No. 91 -107, establishing the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit (the "MSTU"); and WHEREAS, the Board of County Commissioners subsequently amended Ordinance No. 91 -107 through its adoption of Ordinance Nos. 2000 -57, 2002 -23, 2005 -20, and 2009 -28; and WHEREAS, the MSTU's Advisory Committee requested that the Board of County Commissioners revise Sec#ioh One of Ordinance No. 91- 107, as amended. to expand the purpose of.'the MSTU to include the construction of roadways and roadway improvements as determined by the Advisory Committee; and WHEREAS, on , 2012, the Board of County Commissioners, as the governing body of the MSTU, approved the amendment to Ordinance No. 91 -107, as amended. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE AMENDMENT TO SECTION ONE OF ORDINANCE NO. 91 -107, AS AMENDED. Section One is hereby amended to read as follows: SECTION ONE: Forest Lakes Roadway and Drainage Municipal Service Taxing Unit Created: Boundaries, Purpose, Taxing Authority. 1 Underscored words are added; struck through words are deleted. Packet Page -2896- 9,!1 '?01- Iter - 16 C' c 1. There is Hereby created the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit (hereafter referred to as the 'Unit") with boundaries described as follows, to wit: A tract of land in Section 14, Township 49 South, Range 25 East, Collier County, Florida described as follows: Commencing at the Northwest comer of said Section 14, run S. 000 19' 00" W along the west line of said Section 14 for 50.00 feet to the POINT OF BEGINNING, said point being on the Southerly Right -of -way line of State Road S -896 (Pine Ridge Road) and being the Northwestern most comer of the Forest Lakes Homes as recorded in Plat Book 12, Pages 41 - 46 in the public records of Collier County, Florida; thence run East, along said Right -of -way line for 1275.27 feet to a point on the Western right -of -way of Forest Lakes Boulevard; thence continuing along said right -of -way of SR S -896, East for 1,372.88 feet to the North 1/4 comer of Section 14; thence continuing along said Right -of -way N. 89° 59'40" E for 1,323.81 feet to a point on the East line of the Northwest 1/4 of the Northeast 1/4 of said Section 14 and being the Eastem right -of -way of Woodshire Lane; thence leaving SR S -896 and run along the Eastern right -of -way of Woodshire Lane and the east line of the Northwest 1/4 of the Northeast 1/4 of said Section. 14, S 00° 04' 18" E for 749.54 feet to a point of curvature of said road; thence leaving said road and continuing along said line, S 00° 04' 18" E for 512.50 feet to the Southeast corner of the Northwest 1/4 of the Northeast 1/4 of said Section 14; thence along the South line of the Northwest of the Northeast V4 S 890 48' 47" W for 512.50 feet to a point on the Southern right -of -way of Woodshire Lane; thence continuing along said line S 890 48' 47" W for 811.38 feet to the North -South 1/2 line of said Section 14; thence along the Eastern right- of-way of Woodshire Lane and the North -South 1/2 line S 000 01' 23" E for 2,508.87 feet to a point; thence leaving said line S 890 39124" W for 21.59 feet to a point, said point being the Southeasterly most corner of Forest Lakes Homes as recorded in Plat Book 12, Pages 41--46 in the public records of Collier County, Florida; thence S 890 39' 24" W for 476.79 feet to a point of curvature; thence 221.52 feet along the arc of a curve, concave to the Southeast, having a radius of 667.29 feet and subtended by a chord having a length of 220.51 feet and bearing S 801 08' 46.5" W to a point of tangency; thence S 70° 38' 09" W for 78.45 feet to a point of curvature; thence 990.66 feet along the arc of a curve, concave to the Northeast, having a radius of 1,250.00 feet and subtended by a chord having a length of 964.94 feet and bearing N 860 39' 35.5" W to a point of reverse curvature; thence 829.00 feet along the arc of a curve, concave to the South, having a radius of 900.00 feet and subtended by a chord having a length of 800.00 feet and bearing S 890 39' 24" W, thence S 890 38'30" W for 64.95 feet to a point 2 Underscored words 8 Packet Page -2897- Sh words are deleted. on the West line of Section 14, said point being the Southwestern most corner of Forest Lakes Homes subdivision; thence N 020 15'35" W along said West line for 1,195.80 feet to the West 1/ 4 corner of Section 14; thence continuing along said West line N 000 19'00" E for 2,595.97 feet to the POINT' OF BEGINNING. 2. The Unit hereby created and established is for the purpose of providing, installing and maintaining improved roadway lighting, traffic control signage and devices, the installation of sidewalks and related amenities, beautification and maintenance of areas within the MSTU as the construction of roadways. roadway improvements and roadway - related drainage and roadway restoration within the area of the Unit as detezmined bit the Advisory Committee; and to that end shall possess all the powers to do all things reasonably necessary in connection therewith- including but not limited to, maintenance of any improvements. "A" mashed hetete and shag inekide-i g ,i B: P-roviding pump - and - €eree- f& - dmwdewa of- iak sudeee aad off- sW Said Unit shall have the authority to levy ad valorem taxes as prescribed by law not to exceed four mil in any one fiscal year. 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 3 Underscored words a packet Page -2898- A words are deleted. 9!? i201? Item I6.[. 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 became 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," "ardele" or any other appropriate word. SECTION FOUR: EFFECTIVE 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 ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and Legal sufficiency. Scott R. Teach Deputy County Attorney day of 2022. 4 BOARD OF COUNTY COhMSSIONERS OF COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman Underscored words a Packet Page - 2899 - gh words ars deleted.