Agenda 01/22/2019 Item #6A01/22/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 6.A
Item Summary: Public Petition request from Ms. Marlene Sherman requesting that the Board of
County Commissioners repeal Ordinance 2013-43 which expanded the purpose of the Radio Road
Beautification MSTU to include the north entrance of the Rich King Memorial Greenway.
Meeting Date: 01/22/2019
Prepared by:
Title: Executive Secretary to County Manager – County Manager's Office
Name: MaryJo Brock
12/28/2018 10:04 AM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
12/28/2018 10:04 AM
Approved By:
Review:
Communication and Customer Relations Mike Sheffield Additional Reviewer Completed 01/10/2019 10:50 AM
County Manager's Office Nick Casalanguida County Manager Review Completed 01/13/2019 6:27 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/22/2019 9:00 AM
6.A
Packet Pg. 24
r,L,
N
Office of the County Manager
Leo E. Ochs, Jr.
3299 Tamiami Trail East, Suite 202 . Naples Flodda 34112-5746 . (239\252-8383 ' FAi(: (239) 2524010
December 28, 201 8
Re Public Petition request from Ms. Marlene Sherman requesting that the Board ofCounty
Commissioners repeal Ordinance 2013-43 which expanded the purpose ofthe Radio Road
Beautification MSTU to include the north entrance of the Rich King Memorial Greenway.
Dear Ms. Sherman
Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at
the meeting of January 22,2019 regarding the above referenced subject.
Your petition to the Board of County Commissioners will be limited to one speaker for no more than ten
minutes. Please be advised that the Board will take no action on your petition at this meeting. However,
if deemed warranted by the Board, the action that you are requesting may be placed on a future agenda for
further review and consideration. Therefore, your petition should be to advise the Board ofyour concern
and your request for action at a future meeting. Please be prepared to respond to inquiries by Board
members.
The meeting will begin at 9:00 a.m. in the Board of County Commission Chambers, Collier County
Government Center, 3'd Floor, W. Harmon Turner Building (Building "F"),3299 Tamiami Trail East,
Naples, FL 34112.
Ifyou require any further information or assistance, please do not hesitate to contact me at 239-252-8569.
SincereF. ,/4k
Mike Sheffield
€<
Director, Communication and Customer Relations Division
MJS:mj b
cc Jeff Klatzkow, County Attomey
Steve Camell, Public Services Department Head
Michelle Arnold, Public Transportation Division Director
Ms. Marlene Sherman
422 Countryside Drive
Naples FL 34104
6.A.1
Packet Pg. 25 Attachment: Public Petition - Marlene Sherman - Jan 22, 2019 (7677 : Public Petition Ms. Sherman)
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
6.A.2
Packet Pg. 26 Attachment: Ordinance 2013-43 (7677 : Public Petition Ms. Sherman)
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
6.A.2
Packet Pg. 27 Attachment: Ordinance 2013-43 (7677 : Public Petition Ms. Sherman)
v57
p 1
t -
I ICP
C)T,
I:m
10Z —I I o , HO I 1
0 1
00 —' 55 -11 ZZ IZOIm
W W 7 1
D Z O I 1
I. \ m 1
I
1
NORTH—SOUTH 1/4 LINE ISECTION6
o N.00 4333 W 65.38' 5.00'4333"E
a 0 1 Z
w
64.63" 1:-.------
0 ya•
I
Nom_ 1 1
cn
O
O 1, 0 ki.A. 5 cn Z O IOf„ -0 `` li O
I
mo{{ H
o S 1b nD OC Ip H -
1
cnr- 1°i xi 77 n D 1
z Wm tprn D plo ZOO IND1• fll
m
H O T
v D m 1i C7 o, II 70 -P f
1
mm
1 to ol0 00 z
2
n ^ *Zm I1
S.00 43 33'E 80.00'
V z D i A Z m Z 1
o n L 00 0 A ('
1
I Fri-
Ain-
a% Fi
m
0 -0 m O 1 I -° rn I
0 D * 1.=o 1 o o Z 1
1D -Ip m 1 1
pp O n LIZlOp;I D I
I D I wc-.yr I 1 1
rn N -
1 w-c
50.0' _ i = 1L.
D I25.0' 1 I Z
GI
0
M
c
73
N
0r x010 Ono ON
Nr+ N
M
77 -i n -1- 0 -i n -{ Can m 3:
m
Cm
rn
N v^
m N m O O O Z rn r7 1mmmzrnmZWrzOZZ -oZZOO
DL7
x 0 UpOmmmZm -<moT1-) m -0mm
HZZ S0mm
cnc) v r- PU0mnZEnDm > ja0, x0Zm Om
p npp nn
n
g coo N 70. - 0mx2 N r -A0r rcn 00
CEy»
cn mr- >>m m rzax= Z D 7317 Z 0
O zm ,cn z °m_op - 70 m n n p
m
Rngo ° Or O '1zmrCn O I 11700 vv73gjOrG5 - o
xwx m xnmx x -•1730 - x71 Z 0 (71 7{ /\
d ZDD .Z71 tl rn gpNg pnCm x M p V V
N .4,roNO (Tl n N NO m .4 -•
20.
4 Ammo ;73 v 0 Ill W MinVtOoOz (n )'' cnr O c.iR L. fO73 Z /1mO Z 7C 0
p W o CD 73z m m73ACn ' = Z° C 7773p
0 0
T
m m x c,)
D 23 .off -1 Omm0 7 0 0 W T
N ca C7 m
mm m ,'.'
O m8 Nzim O Z I
Z
m m m rn 7O NO73aN_.
n Ry ? Z *
0 nZ Or 0 o ° _, -4Z0O 0 z 0 T D -
i, ro GS mOC cn n,
xO v nz73 rn C coo
c•
1/44"..g: 0
D cni co
7<I D CO cv to
73 --
I > O
2 0
no
o
co D
U CD O m0 n cnr s' Q00 -z-
c ZmOOC r-3 D
0
zm
c' ',J,
INfrlxZ <m C D ? z 0 m0 73 70773p `
C
jy
T _-1 UuU9.
n ao D 0 Q 3E c 03-<cn .4 2 y 'nC Iv pn
D
7n N O c' rnTW --i m73nw z r C7 = m VO
II by CZ=Zrd C Z ' c Zmv Z cnm,- mn n
cV m m
m
H ` W 0 %0
O f 0 m2 Zm 73 fill y D G' T 'J
1, ,i O i in o = zOg n C K K m
0 VJ
m x p °
p0P w rr
c
C rn C
o O N O -n m D :1.1c
D om cn n p N o C ITl L 0
irEl can rn n x -a<
o-o0 O 1117300 ›. OO
Z n0 2 D Z
nn f73n 0 D -I p T
O
c m 73 m m -° v Ul 0 H 0
n z m r 0 O K; z fyTl -'(! N A8z
oM73
a O< m 0 n Z C 0 'D.. i0
Ci
N nw n rn z o _
CD
i • 73 m O 73 m m
73
3 -, co - O
r<
y O O O co N
Oa o,0 r1
0 z
0
m
OD
6.A.2
Packet Pg. 28 Attachment: Ordinance 2013-43 (7677 : Public Petition Ms. Sherman)
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
6.A.2
Packet Pg. 29 Attachment: Ordinance 2013-43 (7677 : Public Petition Ms. Sherman)
Request to Speak under Public Petition
Please pint
Name:/vl/l I ENE SHEI\ MA^/
7Addressa e/L s/
3.1 o
Phone
Date of the Board Meetinq vou wish to soeak JA,$.)otq
Must circle yes or no:
ls this subject matter under litigation at this time? Yes l@!
ls this subiect matter an ongoing Code Enforcement case? Yes /@o-
Note: lf either answer is "yes", the Board will hear the item but will have no
discussion regarding the item after it is presented.
Please explain ln the reason vou are reouestinq to soeak attach additional
3.
paqe if necessary)
J'ee HrlrtctlED sHE€T
Please explain in detaillhe action you are askinq the Commission to take (attach
L trD
(.r-N.-
()7
F.ac)
n)L
C \USeG\MARLEN-1\Appoala[oc.l\Temp\Public Pelllon Request Form - 2018 doc
7
additional oaoe if necessarv):
(
6.A.3
Packet Pg. 30 Attachment: Public Petition - Marlene Sherman - back-up materials (7677 : Public Petition Ms. Sherman)
Request to Speak under Public Petitions to the Collier County Board of Commissioners
Question: Please explain in detail the reason you are requesting to speak:
County Ordinance 2013-43, approved on June 24, 2013, by the County Board of Commissioners,
amended County Ordinance 95-84, as amended by Ordinance No.02-59, which created the Radio Road
Beautification Municipal Service Taxing Unit, providing for Amendment to Section Three TO EXPAND
THE PURPOSE TO INCLUDE THE COST FOR CURBING. WATERING FACILITIES, PTANTINGS, AND
MAINTENANCE OF THE NORTH ENTRANCE OF THE RICH KING MEMORIAT GREENWAY, which i5 IoCAtEd
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.
There are 6,566 taxpayers supporting the Radio Road Beautification MSTU. Ordinance 2013-43
expanded the scope of County Ordinance 96-84 and changed the intent of Ordinance 96-84 without
holding any public meetings, providing proper notification to the 6,566 supporting property owners, or
gaining support from the 6,566 supporting property owners.
The knowledge of this Ordinance was not brought to the attention of the 6,566 supporting property
owners untilthe County held a public meeting re8arding the Radio Road Beautification MSTU in April
2018. The County MSTU managers followed up with a mailed survey to 6.214 supporting taxpayers of
the Radio Road Beautification MSTU. The survey contained only 2 questions. The first question. "Are
you in favor of the MSTU considerin8 future proiects to enhance the area, asking to check either the
"Yes" or "No" box. Seventy percent of those responding checked "No".
As of this date, no ground work has be8un on the Rich KinB Memorial Greenway. I understand the
landscape design has been approved by the Florlda Power and Light Company which share the
Greenway with the County owned propeny.
I contend the expansion of Ordinance 96-84 with Ordinance 2013-43 was improperly handled by County
officials since the County did not hold public meetings or provide notification to the MSTU's supporting
taxpayers.
I also contend the Radio Road Beautification Advisory Board does not represent the people being taxed
for this MSTU. Three of the large ma.ior communities have no representation on this MSTU'S Advisory
Board, yet these communities represent more than half of the 6,566 MSTU supporting taxpayers. These
communities are: Countryside GCC, Glen Eagle GCC, and Fox Fire GCC. Sitting on the five-member
MSTU Advisory Board are two representatives from Wind Jammer Village, one representative from
Berkshire Lakes community, one representative from Briarwood Community, and one representative
without any Community affiliation.
Thus, I contend that County Ordinance 2013-43 was not properly vetted, and since no ground work has
been started, it is now the proper time for the County Commissioners to Sun-5€t this Ordinance based
on survey results from last June which reflected 72 percent of the supporting taxpayers were not in
favorofany new beautification enhancements. Therefore, I request that th is ordina nce be ca nceled.
forthwith, and that no further work be done on it.
6.A.3
Packet Pg. 31 Attachment: Public Petition - Marlene Sherman - back-up materials (7677 : Public Petition Ms. Sherman)