Agenda 03/09/2010 Item #16B 5
Agenda Item No. 1685
March 9. 2010
Page 1 of 10
EXECUTIVE SUMMARY
Request for authorization to advertise a proposed amendment to Ordinance No. 92-40, as
amended, which created the Immokalee Beautification Municipal Service Taxing Unit, to
expand its purpose to include "stormwater and drainage."
OBJECTIVE: To obtain Board authorization to advertise a proposed amendment to Ordinance
No. 92-40, as amended, which created the lmmokalee Beautification Municipal Service Taxing
Unit, in order to expand its purpose to include "stormwater and drainage."
CONSIDERATIONS:
. On June 9, 2009 (item 16.8.7), the Collier County Board of County Commissioners
approved lmmokalee Stormwater Master Plan as commissioned by the Big Cypress Basin
of South Florida Water Management District.
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. On October 8, 2009, the lmmokalee MSTU and the lCRA had a joint workshop that
included a discussion regarding expansion of thc lmmokalee MSTU's purpose per
ordinance 92-40. The expansion of the purpose of the MSTU was noted as essential to
allow both the lmmokalee CRA and lmmokalee MSTU to collaborate jointly with Collier
County Stonnwater Department. The proposed expansion of the MSTU's "purpose" to
include stormwater matters was well received by members of the public attending the
workshop. Staff was directed to research the proposal of expansion of the MSTU's
purpose.
. On January 27, 2010, per staff recommendation, the ImmokaJee MSTU made a motion to
expand the lmmokalee MSTU purpose per Ordinance 92-40 (as amended) to include
"stormwater and drainage." Copies of the minutes of that meeting are attached in
support of this request to bring forward the proposed amendment to Ordinance No. 92-
40.
FISCAL IMPACT: There is no immediate fiscal impact with this executive summary.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office and is legally sufficient for Board action-SRT.
GROWTH MANAGEMENT IMPACT: There is no (irowth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners authorize the County
Manager or his designee to advertise a proposed amendment to Ordinance No. 92-60, as
amended, to expand its purpose to include "stonnwater and drainage."
Prepared By: Darryl Richard, Project Manager.. MSTUs, Alternative Transportation Modes
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Attachments: 1) lmmokalee MSTU minutes 01.27.10 meeting; 2) Draft Ordinance 2010.
(proposed modification to ordinance 92.40)
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Agenda Item No. 1685
March 9, 2010
Page 2 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
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Item Number:
Item Summary:
16B5
Request for authorization to advertise a proposed amendment to Ordinance No. 92-40, as
amended, which created the Immokalee Beautification Municipal Service Taxing Unit, 10
expand its purpose to include "stormwater and drainage."
Meeling Date:
3/9/2010900:00 AM
Prepared By
Darryl Richard Project Manager Date
Transportation Division Alternative Transportation Modes 2123120108:57:52 AM
Approved By
Darryl Richard Project Manager Date
Transportation Division Alternative Transportation Modes 2123120109:19 AM
Approved By
Norm E. Feder, AICP Administrator. Transportation Date
Transportation Division Transportation Administration 212312010 11 :48 AM
Approved By
.~~. John Vliet Director - Road Maintenance Date
Transportation Division Transportation Road Maintenance 2123120105:02 PM
Approved By
Scott R. Teach Deputy County Attorney Date
County Attorney County Attorney 2124120108:38 AM
Approved By
Caroline Soto Management/Budget Analyst Date
Transportation Division Transportation Administration 2124120108:38 AM
Approved By
Lisa Taylor ManagementlBudget Analyst Date
Transportation Division Transportation Administration 212412010 11 :07 AM
Approved By
Michelle Edwards Arnold Director wAlt Transportation Modes Date
Transportation Division Alternative Transportation Modes 21241201011 :31 AM
Approved By
Gerald Kurtz Project Manager, Principal Date
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Transportation Division Transportation Road Maintenance 21241201011 :51 AM
Approved By
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Agenda Item No. 1685
March 9, 2010
Page 3 of 10
Pat Lehnhard
Executive Secretary
Date
Transportation Division
Transportation Administration
2/24/20103:45 PM
Approved By
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
2/25120109:52 AM
Approved By
Mark Isackson
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
3/1/20101 :55 PM
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Agenda Item No. 1685
March 9, 2010
Page 4 of 10
ORDINANCE NO. 2010-
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AN ORDINANCE AMENDING COLLIER COUNTY
ORDINANCE NO. 92-40, AS AMENDED, WHICH
CREATED THE IMMOKALEE BEAUTIFICATION
MUNICIPAL SERVICE TAXING UNIT IN COLLIER
COUNTY, FLORIDA; AMENDING SECTION FIVE,
"PURPOSE," TO INCLUDE SIDEWALKS, STORMWATER
AND DRAINAGE IMPROVEMENTS; PROVIDING FOR
INCLUSION IN TIlE CODE OF LAWS AND
ORDINANCES; CONFLICT AND SEVERABILITY; AND
AN EFFECTIVE DATE.
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WHEREAS, the Board of County Commissioners, on June 9, 1992, adopted Collier
County Ordinance No. 92-40, which created the Immokalee Beautification Municipal Services
Taxing Unit (the "MSTIJ"), for the purpose oflandscape beautification within the MSTIJ; and
WHEREAS, the Board of County Commissioners, on July 28, 2009, adopted Collier
County Ordinance No. 2009-39, amending Ordinance No. 92-40 and expanding the boundaries
of the MSTIJ; and
WHEREAS, on January 27, 2010, the MSTU Advisory Committee moved to include
sidewalks, stormwater, and drainage improvements in Section Five, "Purpose," of Ordinance No.
92-40, as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that that Collier County Ordinance
No. 92-40, as amended, is hereby further amended to read as follows:
SECTION ONE:
AMENDMENT TO SECTION FIVE, PURPOSE.
Section Five, "Purpose," of Collier County Ordinance No. 92-40, as amended, is hereby
amended to include stormwater and drainage improvements, as follows:
,S.ECTION FIVE. rURPOSt:.
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The Unit hereby established is for the purpose of doing all things reasonably necessary in
connection with landscape beautification, including providing for pavement, curbs and sidewalks
moameatioos, installation of irrigation. stormwater and draina~ facilities and related amenities,
and associated landscaping improvements and maintenance thereof, as permitted by the
responsible governmental agency for that portion of the road rights-of-way ofSR 29 and CR 846
I
Words Underlined are added; Words are deleted.
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Agenda Ilem No. 1685
March 9, 2010
Page 5 of 10
(South I st Street) which pass through the commerciallbusiness areas in Immokalee, and certain
other public areas as may be recommended by the Advisory Committee and/or determined by the
Board of COlUlty Commissioners.
SECTION TWO: INCUSION 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 COlUlty, Florida. The sections of this Ordimmce may be renwnbered
or re-Iettered to accomplish such, and the word "ordinance" may be changes to "section,"
"article," or any other appropriate word.
SECTION THREE: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other ordinance of Collier COlUlty 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 IUlconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
. . .
remammg portIOn.
SECTION FOUR: EFFECTIVE DATE
This Ordinance shall take effect upon filing with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of COlUlty Commissioners of Collier
COlUlty, Florida, this day of , 2010.
ATTEST:
DvnGHTE.BROCK,CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE, CHAIRMAN
As Deputy Clerk
Approved as to form and legal sufficj>;ncYi' .
/ )
Scott R. Teach //
Deputy COlUlty Attorney
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Words Underlined are added; Words
Agenda Item No. 1685
March 9, 2010
Page 6 of 10
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IMMOKALEE BEAUTIFICATION M.S.T.U.
ADVISORY COMMITTEE
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January 27, 2010
Minutes
I. The meeting was called to order by Cherryle Thomas at 4:30 p.m.
A quorum was established.
II. Attendance
Members: William Deyo, Cherryle Thomas, Lucy Ortiz (Absent), Andrea Halman,
Carrie Williams (Excused)
County: Darryl Richard-Project Manger, Tessie Sillery-Operations Coordinator,
Caroline Soto-Budget Analyst, Weldon Walker-Code Enforcement
Others: Richard Tindell-JRL, Bradley Muckel-Immokalee CRA, Penny Phillippi-
Immokalee CRA, Fred Thomas-Immokalee CRA, Darlene Lafferty-Kelly Services
Darryl Richard announced Kelly Services took over the Secretarial Services
Contract.
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III.
Approval of Agenda
Add: X A Colorado Avenue Sidewalk
X B. Update Immokalee Storm Water Master Plan
Andrea Halman moved to approve the agenda as amended. Second by
William Deyo. Motion carried unanimously 3-0.
IV. Approval of Minutes: October 28, 2009
Attendance Corrections: Richard Tindell-JRL was present
John Ribes-JRL was not present
Cherryle Thomas moved to approve the October 28, 2009 minutes as
submitted. Second by William Deyo. Motion carried unanimously
3-0.
V. Transportation Services Report
A. Budget - Caroline Soto reviewed the following Budget items: (See
attachments)
o Available Improvements General $706,900.00
o P.O. paid to date $50,508.26
o Carry Forward Analysis
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B. Project Manager Report - Darryl Richard
Caroline Soto reviewed Fund 111 MSTD General Fund Report. (See
attached)
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Darryl Richard reported on the Project Status report:
(IMM-17) EdQerrin James SiAn
. JRL provided sketches for the Edgerrin James Sign (See attached)
. Conveyed questions by Traffic Operations
The Public Purpose of the sign
Has a Public review process been conducted
Agenda Item No. 1685
March 9, 2010
Page 7 of 10
Cherryle Thomas stated the request to recognize Edgerrin James was made
by an individual (in the audience) at a public meeting.
Penny Phillippi reported:
o The sign was addressed at a Public meeting and it was concluded the
sign is important to the Community
o The CRA perceives the sign concept should encompass:
A Free standing sign
List Business in the Community
Install Signs at each entryway
Indicate Home of Seminole Casino
After discussions it was agreed to hold a contest for the Sign Design at
Immokalee High School.
(IMM-16) Miles ahead Siqo.
. Sign Project was reviewed (See attached)
. Coordination with Engineering to meet FOOT guidelines for Sign
installation
. Signs cannot be installed on State Roads by Traffic Operations
. 4-6 Signs were requested
. The State will be contacted for Sign installation on State Route 29 and
State Route 82
Directional Sign requests were made by Fred Thomas:
. Signs should indicate mileage to Immokalee
. Left directional sign at Camp Keais Road
. Left directional sign exiting Corkscrew Sanctuary
Cherryle Thomas conveyed Public request to remove the white barriers on
Main Street.
Darryl Richard suggested including crosswalk corrections to JRL Scope of
Services.
Discussions ensued and it was agreed by the Committee the Pedestrian
crossings are a safety issue.
Darryl Richard reviewed JRL Proposal(s) RFP # 08-5060 for Landscaping
and Plantings: (See attached)
o First Street - $6,514.00
o Hwy 29 - $5,450.00
o Suggested JRL submit a proposal to address crosswalks
- Noted upgrading the sidewalks (by FOOT) is not planned
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Agenda Item No. 1685
March 9, 2010
Cherryle Thomas requested in-ground lighting at Pedestrian crossings:'age 8 of 10
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William Deyo moved for Staff to (provide) a separate proposal (to
address crosswalks.) Second by Andrea Halman. Motion carried
unanimously 3-0.
Discussions took place concerning the type of Plantings that will be installed.
Richard Tindell confirmed the Plantings installed will be environmentally
suited for the area.
William Deyo moved to approve Proposal(s) by JRL (for Landscape
Design First St: from Main Street to Carver Street) in the amount of
$6,514.00 and $5,450.00 (Planting Refurbishment for Main Street-Hwy
29: 1st Street - 9th Street.) Second by Andrea Halman. Motion carried
unanimously 3-0.
(IMM-11) Roadway Maintenance: BID $06-4008
o Executive Summary will go for BCC approval February 9th
o 638 vendor notices were distributed
o (2) Bids are applicable
o ClM Bid $117,001.58
o Hannula landscaping Bid $204,531.09
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The Committee questioned the variance in monies on the Vendor Bid.
Staff responded the ClM Bid is significantly lower due to competitive bidding.
Additionally assurance was given (by Staff) that the quality of service is
equivalent (between the two Vendors.)
The Committee questioned the level of Service by ClM due to the delayed
installation of seasonal Banners.
Staff and JRl will review the Contract with the Vendor to ensure compliance.
The Committee expressed frustration with delayed repairs on missing Banner
arms and Poles.
Staff replied repairs were hindered by slow production (by the Manufacturer.)
Richard Tindell will contact vendors who have produced similar lighting.
William Deyo moved to grant the Contract (Bid #09-5264) to Florida Land
Maintenance (d/b/a Commercial Land Maintenance) in the amount of
$117,001.58. Second by Cherryle Thomas.
Cherryle Thomas added the stipulation for Staff and JRL monitor CLM
closely to guarantee Contract and deadline compliance.
Motion carried unanimously. 2-1. Andrea Halman voted no.
VI. Transportation Maintenance Report-ClM-None
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VII. landscape Architect Report-JRl
Richard Tindell reviewed reports #15 & 16: (See attached)
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Agenda Item No. 1685
March 9, 2010
Page 9 of 10
Report #15
o Photo #3 - Hanging Power Transformer is a safety issue
o Photo #4 - Suggested upgrading the chain link fence at the Cemetery
Discussions ensued on the Cemetery and it was perceived as a Historical
site. It was determined Parks and Recreation is responsible for Cemetery
Maintenance.
The Committee was in agreement to mow the area, install a new fence,
and prompt Parks and Recreation to assume Cemetery Maintenance.
Darryl Richard suggested JRL add Fence options into their Scope of
Service.
William Deyo moved to request JRL include fence options (for the
Cemetery) into the Proposal. Second by Andrea Halman. Motion
carried unanimously 3-0.
o Photo #5
- Unhealthy Crown of Thorn
- Auto damage
o Photo #7
- Line of sight issue (difficult to see oncoming traffic)
- Fading crosswalk lines are safety issue
o Photo #8
- Overhead wires collide with Trees
- Missing Banner arms
Penny Phillippi announced the Bird of Paradise replaced Cornucopia as
the Immokalee trademark.
It was agreed the CRA and Immokalee MSTU will share cost for new Bird
of Paradise Banners (estimate $3,000.00 per Committee.)
Report #16
o Exposed Crown of Thorn suffered from cold weather (both roadways)
- Fungicide will be applied to prevent decay and plant loss
o (1) large Flowering Tree (North end of Hwy 29) may not survive
o Photos #1- 3
- Damaged Crown of Thorn, Plumbago, and Bougainvillea (1st
Street)
. (2) Dead Foxtail Palms require removal (Main Street)
. Photo #5 - Recommended cover water pipes during cold weather
. Photo #6 - Tree is cracked (at Triangle)
. Photo #7 - Crown of Thorn require replacements
. Photo #8
- Plumbago should recover from surface burn
Recommend to postpone feeding Plumbago after March 15th
VIII. Code Enforcement Report - Weldon Walker-None
IX. Old Business - None
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Agenda Item No. 1685
March 9. 2010
Page 10 of 10
X.
New Business
A. Colorado Avenue Sidewalk
Darryl Richard reviewed 60% plans for installation of a new sidewalk on
Colorado Avenue (9th Street to 1st Street) by Traffic Operations. (See
attached)
Penny Phillippi noted a Storm Water Retention pond will be installed in the
same area as the sidewalk installation.
After discussion it was concluded coordination with TECM is needed on
installation for sidewalks and Retention Pond.
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Penny Phillippi expressed uncertainty on MSTU Ordinance interpretation.
She perceived the objective of the Ordinance modification was to expand
Boundaries and Responsibilities.
Darryl Richard clarified the Boundary Expansion did not encompass
expanding the MSTU "purpose. "
Andrea Halman moved to request (from the BCC) expanding the MSTU
"Purpose" to include Storm Water, Drainage, and Sidewalks. Second by
William Deyo. Motion carried unanimously 3-0.
B. Update Immokalee Storm Water Master Plan
XI. Public Comment - None
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There being no further business to come before the Committee, the meeting was
adjourned at 6:21 PM.
Immokalee Beautification MSTU Advisory
Committee
Cherryle Thomas, Chairman
These minutes approved by the Committee on
as presented or amended
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The next meeting is February 24, 2010 at 4:30 p.m.
One Stop Career Center
750 South 5th Street
Immokalee, FL 34142
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