Agenda 05/26/2009 Item #17F
J\genda Item No. 17F
May 26, 2009
Page 1 of 16
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance amending Ordinance No. 91-107 as amended,
which created the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit
(MSTU), to include installation of sidewalks and related amenities, beautification and
maintenance of areas within the MSTU as determined by the Advisory Committee.
OBJECTIVE: That the Board of County Commissioners adopt an amendment to Ordinance
No. 91-107, which created the Forest Lakes Roadway and Drainage Municipal Service Taxing
Unit (MSTU), to include installation of sidewalks and related amenities, beautification and
maintenance of areas within the MSTU as determined by the Advisory Committee.
CONSIDERA TIONS: On March 11, 2009, the Forest Lakes MSTU Committee made a motion
(approved unanimously 5-0), for the modification of the existing MSTU Ordinance 91-107, as
amended, to include the installation of "sidewalks." Amending the ordinance will allow the
MSTU to address "public health, safety, and welfare" issues related to pedestrian safety in the
course of its roadway and drainage improvement projects. The addition of sidewalks will allow
for safe use of the public rights of way within Forest Lakes Community by separating vehicular
traffic users and pedestrianlbicyclist users.
On April 8, 2009, the Forest Lakes MSTU Committee made a further motion to modifY its
current ordinance to include "beautification" as part of its purpose. In conjunction with this
amendment, the Committee is pursuing the installation of "street trees" along the main "loop"
boulevard in the Forest Lakes Conununity, The street trees will provide for enhancement of the
aesthetics of the entire community.
On April 28, 2009 Collier County Board of County Commissioners directed staff to coordinate
with the Office of the County Attorney on a proposed amendment to the Forest Lakes Roadway
and Drainage Municipal Service Taxing Unit Ordinance. The proposed Ordinance is attached to
this Executive Summary and has been lawfully advertised,
Staff considers the ordinance modification necessary in order to enable the Forest Lakes
Roadway and Drainage MSTU to expend bond issue funds for the expanded purpose to include
installation of sidewalks and related amenities, beautification and maintenance of areas within
the MSTU as detelmined by the Advisory Committee.
FISCAL IMPACT: Funding for the proposed project activity, consistent with the expanded
purpose, will be through Forest Lakes MSTU Fund 159. The engineering estimate for sidewalk
installation is $741,600. Engineering Estimate for Street Tree planting is S I 00,000. Total fiscal
impact is estimated to be $841.600 in project expenditures for FY-2010. Funding is available in
MSTU Fund 159.
-
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is not quasi-judicial and requires no ex parte disclosure, requires only a
majority vote for approval, and is otherwise legally sufficient for Board action.-SRT
t'\.genc:a item r\Jo. 1 ;tF
r','Iay 26, 2009
Page 2 of 16
GRO\\TH MANAGEMENT IMPACT: Consistent with the Public Facilities Element of the
Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners adopts and authorizes its
Chairman to sign the Ordinance j~mendment.
Prepared By: Darryl Richard, MSTU Project Manager, Alternative Transportation Modes
Department
Attachments: 1) Amending Ordinance 2009 2) Minutes - Forest Lakes MSTU 4-8-093) Revised
Project List per Committee Approval on 4-8-09
2
Page I of 2
Agenda Item No. 17F
May 26, 2009
Page 3 of 16
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
17F
Meeting Date:
Recommendation to adopt an Ordinance amending Ordmance No. 91-107 as amended,
which created the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit
(MSTU), to include installation of sidewalks and related amenities, beautification and
mamtenance of areas within the MSTU as determined by the jI,dvisory Committee.
5/26/2009 90000 AM
Prepared By
Darryl Richard
Project Manager
Alternative Transportation Modes
Date
Transportation Services
5/11/200911:27:53 AM
Approved By
Therese Stanley
Transportation
Grants Coordinator
Date
Transportation Administration
5/11/20092:23 PM
Approved By
Scott R. Teach
County Attorney
Assistant County Attorney
County Attorney Office
Date
5/11/20092:24 PM
Approved By
Darryl Richard
Transportation Services
Project Manager
Alternative Transportation Modes
Date
5111120093:06 PM
Approved By
Pamela J. Lulich
Project Manager
Alternative Transportation Modes
Date
Transportation Services
5/11/20095:19 PM
Approved By
Michelle Edwards Arnold
Alternative Transportation Modes
Director
Date
Transportation Services
Alternative Transportation Modes
5/11/20095:37 PM
Approved By
Caroline Soto
Administrative Assistant
Date
Transportation Services
Transportation Engineering and
Construction
5/12120098:40 AM
Approved By
Najeh Ahmad
Director
Date
Transportation Servi::es
Transportation Engineering &
Constru::tion Management
5/12120099:41 AM
Approved By
Jeff Klatzkow
County Attorney
County Attorney Office
Date
5114/20092:30 PM
County Attorney
Approved By
Pat Lehnhard
Executive. Secretary
Date
Transportation Services
Transportation Services Admin
5/14/20093:11 PM
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Page 2 of2
t,genda Item r'~o. 1 iF
r'./iay 26, 2009
Page 4 of 16
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
5/15/2009 9:25 AM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
5/17/20098:38 AM
Approved By
Leo E. OChs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manage~'s Office
5/17:2009 12:47 PM
file:!/C:\AQendaTest\Fxn011\ 1 ~O-Mav%"W)h.%)())009\ 17 %)OSI lMMA RY%JOAGFNOA \
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Agenda Item No. 17F
May 26, 2009
Page 5 of 16
ORDINANCE NO. 2009-
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE
91-107, AS AMENDED (THE FOREST LAKES ROADWAY AND
DRAINAGE MUNICIPAL SERVICE TAXING UNIT); AMENDING
SECTION ONE, CREATED: BOUNDARIES, PURPOSE, TAXING
AUTHORITY; 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 Forest Lakes Roadway and Drainage Municipal Service Taxing Unit
Advisory Committee requested that the Board of County Commissioners amend and revise
Section One of Collier County Ordinance No. 91-107, as amended, to include the installation of
sidewalks and for beautification within the MSTU; and
WHEREAS, on May 26, 2009, the Board of County Commissioners as the governing
body of the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit approved the
amendment to Ordinance No. 91-07,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE 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
Underlined words are added; Struck Through words are deleted.
Agenda Item No. ifF
May 26, 2009
Page 6 of 16
1. There is hereby created the Forest Lakes Roadway and Drainage Municipal
Service Taxing Unit (hereinafter referred to as the "unit") with boundaries described as follows,
to wit:
A tract ofland 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.
89059' 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 geastern Right-of-way of
W oodshire Lane; thence leaving SR S-896 and run along the Eastern Right-of-
way ofWoodsrure Lane and the East line of the Northwest 1/4 of the Northeast
1/4 of said Section 14, S 000 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 00004' 18" E
for 512.50 feet to the Southeast comer of the Northwest 1/4 of the Northeast 1/4
of said Section 14; thence along the South line of the Northwest 1/4 of the
Northeast 1/4 S 89048' 47" W for 512.50 feet to a point on the Southern Right-
of-way of Woods hire Lane; thence continuing along said line S 89048' 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 Woods hire 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 39' 24" W for
21.59 feet to a point, said point being the Southeasterly most comer 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 of220.51
feet and bearing S 80008' 46.5" W to a point of tangency; thence S 700 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 86039' 35.5" W to a point of
reverse curvature; thence 829.00 feet along the arc of a curve, concave to the
South, ha\~J.Ilg a radius of 900.00 feet tLY}d subtended by a chord having a lengt...h of
800.00 feet and bearing S 890 39' 24" W; thence S 890 38' 30" W for 64.95 feet to
a point on the West line of Section 14, said point being the Southwestern most
comer 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 comer of Section 14; thence
2
Underlined words are added; Struck Through words are deleted.
Agenda Item No. 17F
fv1ay 26, 2009
Page 7 of 16
continuing along said West line N 000 19' DO" 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
detennined bv t.he Advisory Committee. and roadway-related drainage and roadway restoration
within the area of the Unit; and to that end shall possess all the powers to do all things
reasonably necessary in connection therewith. The initial improvements hereunder shall be
within that area depicted on Exhibit" A" attached hereto and shall include:
A. Complete restoration of roadway including:
1. Existing road bed mixed in place.
2. Prime and cover.
3. 2" of asphalt pavement surface course.
4. Installation of necessary drainage pipe.
B. Providing pump and force main for drawdown of lake surface and off-site discharge
to enable improved roadway drainage.
C. Maintenance of such improvements, as required.
Said unit shall have the authority to levy ad valorem taxes as prescribed by law not to exceed
four mil in anyone 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 this Ordina.."lce is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
3
Underlined words are added; Struck Through words are deleted.
Aqenda Item NO.1 TF
- rv1ay 26, 2009
Page 8 of 16
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE:
INCLUSION IN THE CODE OFLA WS 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-Iettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FOUR:
EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Florida Department of State.
PASSED AND DUL Y ADOPTED by the Board of County Commissioners of Collier
County, Florida this 26th day of May, 2009
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Deputy Clerk
By:
Donna Fiala, Chairman
Approved as to form and
Legal sufficiency:
~.
Scott R Teach
Deputy County Attorney
4
Underlined words are added; Struck 1brough words are deleted.
Agenda Item No. 17F
rv1ay 26. 2009
Page 9 of 16
FOREST
LAKES
I<OAD\VA Y AND DRAINAGE J\'l.S.T.lf.
ADVISORY COMMITTEE
2885 HORSESHOE DRIVE SOUTH
NAPLES, FL 34104
April 8, 2009
Minutes
I. Call to Order
Meeting was called to order at 10:01 a.m. by Robert Jones.
A quorum was established.
II. Attendance
Members: Harold Bergdoll, William Seabury, George Fogg, Robert
Jones, Virginia Donovan (Excused)
County: Tessie Sillery - MSTU Operations Coordinator, Darryl Richard -
MSTU Project Manager, Caroline Soto - Budget Analyst, Michelle Arnold
- A TM Director
Other: Chris Tilman - Malcolm Pirnie, Sue Flynn - Mancan, Jack
Hedenstrom - Woodshire HOA President
III. Approval of Agenda
Add: VI. C. Speed Limit and Coordination with County Sheriff
VII. B. Coordination with Quail Run Golf Course
George Fogg moved to approve the agenda as amended. Second by
Robert Jones. Motion carried unanimously 3-0.
William Seabury arrives 10:07 am
IV. Approval of Minutes - March 11, 2009
Change: March minutes should read Harold Bergdoll also requested
protective screening "over the field drain" instead of "vard drain. "
(After review of the recorded Februarv Minutes. Mr. Berqdoll "meant" to
state "a protective screeninq over the field drain".......... ...the actual
statement made was "protective screeninq over the drain ":
Conseauentlv the minutes cannot be amended. But it is now recorded he
"meant" to state "over the field drain. ")
George Fogg moved to approve the March 11, 2009 Minutes as
amended. Second by Robert Jones. Motion carried unanimously 4-0
.L\genda Item No. 17F
May 26. 2009
Page10of16
V. Transportation Services
A. Budget - Caroline Solo distributed and reviewed the Budget Report
(See attached)
o Ad Valorem Tax - $37,786.81 (Uncollected)
o Available Operating Expenses - $248,374.43
o Received Investment Interest - $99,771.26
B. Project Manager Report - Darryl Richard/Chris Tilman - Malcolm
Pirnie - The Forest Lakes Master Project List was distributed. (See
attached)
Chris Tilman reviewed the following -
,.. (F-43) - Delayed due to high water elevations. Quality
Enterprises is scheduled to proceed with the re-grade of swale
#7-11 and installation of culverts. It was noted the work would
be completed in 2-3 weeks.
,.. (F-45 & F-50) - Bid was awarded to Earth Tech in the amount of
$122,000. Plans are to begin with the low lying areas first and
re-establish main drainage at Lake No. 12 and correct swale,
Discussion ensued on the problems stemming from main drainage and
reducing the amount of flooding and re-establishing the flow of water
throughout the fairways. It was determined during the rainy season
other work can be done in the interim.
,.. (F-53) - Pending ERP Permit. Under review with SFWMD
Chris Tilman stated Bill Fowley reassigned the review. He
expressed the importance of not delaying the permitting process any
longer. Erosion is causing damage to homes and has changed the
importance to "Critical" and could create life, safety and health welfare
issues.
The Committee is concerned and asks the Staff to coordinate with
Michelle Arnold and SFWMD.
George Fogg moved to direct staff to work with the highest level
possible with SFWMD to expedite the long delayed permit.
Second by Harold Bergdoll. Motion carried unanimously 4-0.
It was suggested the project go to bid, Lake NO.6 and Lake No.
12 were identified as critical areas.
,.. (F-55) - Milling, Paving & Drainage Improvements on Forest
Lakes Blvd from Quail Forest to Woodshire cost
estimate was adjusted to $180,000.
Darryl Richard distributed and reviewed a proposal for the Scope of
Services for Project F-55. (See attached)
")
Agenda Item No. 17F
May 26, 2009
Page 11 of 16
The proposal also covers the resurfacing by adding a layer over the
top of Forest Lakes Blvd from Quail Forest to Woodshire and make
correction to surface drains.
Chris Tilman stated the need to start the easement process and to
request a letter of "right of entry" for the F-55 project as soon as
possible.
George Fogg moved to direct Staff and Consultant work with
Turtle Lakes to secure the necessary easements to resolve the
drainage problems along Forest Lakes Blvd. Second by Robert
Jones. Motion carried unanimously 4-0.
~ (F-56) South Woodshire Ditch Improvements - Estimated
cost $125,000
~ (F-57) Storm Water Adjustments - Locate and reroute
illegal connections. Estimated cost $3,500.
~ (F-58) Sidewalks - Install meandering sidewalks on
Woodshire, Estimated cost $714,600.
~ (F-59) Lighting - Installation of Accent Lighting. Estimated
cost $375,000,
>- (F-60) Cul-de-sac Improvements - Installation of a
centrally located rolled curb for "trash" receptacle
placement and aesthetics, Estimated cost $24,000.
>- (F-61) Drainage System Mapping - Obtain field data and
create an accurate map of all Forest Lakes Drainage
Structures. Estimated cost $45,000.
~ (F-62) Maintenance Dredging of Lake 8 - Dredge the
island from the middle of the lake. Estimated cost $25,000.
);- (F-63) Wall Along Woodshire - Installation of a concrete
wall. Estimated cost $350,000,
Discussion ensued on estimated costs on Projects F-56 through F-63.
The total estimated costs are $1,869,100. It was determined the
Projects could be completed by 2012. It was noted there is sufficient
bond money in the program to cover F-56 through F-63.
Darryl Richard distributed an email from Mark Isackson regarding a
conversation with Bond Counsel. (See attached)
The Committee suggested planting trees along the sidewalk and
highway with native plant material that would require minimum
maintenance.
The Staff responded the MSTU will be responsible to water plants until
the plants are established and then maintain the planted trees and
bushes. It was also stipulated the plantings must not hinder drainage.
George Fogg moved an amendment to the Ordinance be
submitted to BCC to add sidewalks and beautification.
3
,l:..aenda Item No. I7F
~ May 26, 2009
Page 12 of 16
Second by William Seabury. Motion carried unanimously 4-0.
George Fogg moved to add Items 8-17 (Projects F-56 through F-
63) to the Bond Project List and to have Staff take all the
necessary steps to get work done. Second by Harold Bergdoll.
Motion carried unanimously 4-0.
Harold Bergdoll moved to accept Malcolm Pirnie Scope of
Services Proposal for (Forest Lakes MSTU Bond Issue Project
No.) F-55 in the amount of $25,500. Second by William Seabury.
Motion carried unanimously 4-0.
Speaker
Jack Hedenstrom- Woodshire HOA President stated they would like
to install "Caution" signs within the community. The Association will
install 2-Children at Play and 1-25 Mile Speed Limit signs at the
Associations' expense.
Darryl Richard stated the roads are privately owned and the speed
limit signs can be changed,
Discussion ensued on getting cooperation and coordination from the
Sheriffs' Office in their willingness to enforce speed limit signs. It was
decided further discussion will be made when the Sheriff is available to
attend a future meeting.
William Seabury moved to allow Woodshire to install signs;
2-Children at Play and 1-25 Mile Speed Limit to be paid for by
Woodshire Village. Second by George Fogg. Motion carried
unanimously 4-0.
VI. Old Business
A. Drainage Structure between MSTU and Downstream Golden Gate
Structure - AMIL Gate - Chris Tilman
No Report
B. FY 10 Budget
Darryl Richard distributed and reviewed the Forest Lakes MSTU
Budget FY 2010. Recommendations by Staff and the Committee were
as follows:
y Eng. Other AlE Fees changed Forecast 09 to $.00 and
Requested Current 10 to $25,000.
,.. Legal Advertising changed Forecast 09 to $.00
Harold Bergdolf left at 12: 10 pm
'Y Other Contractual Services changed Forecast 09 to $35,000.
Harold Bergdoll returned at 12:15 pm
4
Agenda Item No. 17F
May 26, 2009
Page13of16
';> License & Permits changed Requested Current 10 to $.00.
Discussion ensued on the costs for design consultant fees and trees for
the beautification of the wall and sidewalks. The Committee added
$100,000 to the budget for this project.
George Fogg moved to approve the Budget FY 2010 fiscal year as
amended per discussions. Second by William Seabury. Motion
carried unanimously 4-0.
C. Speed Limit and Coordination with Sheriff - None.
VII. New Business
A. Discussion on Sidewalks - None.
B. Coordination with Quail Run Golf Course
Harold Bergdoll expressed concern stating nothing has been done
on the separation of the lake issue,
Discussion ensued on the engineer not always knowing what the
problem is and going through a process of elimination. It was
determined the problem is salinity. It was suggested the MSTU pursue
a Letter of Concurrence from the District. The District will write a letter
to the MSTU to authorize the discharge of the reclaimed water.
Further discussion was made on money spent on pumps and the seals
burning out and controlling the rate of the pump. It was noted water is
being pumped out every time the irrigation system is turned on,
George Fogg leaves at 12:40 pm
VIII. Public Comments - None.
IX. There being no further business to come before the Committee, the
meeting was adjourned by the Chair at 12:50 P.M.
Forest lakes Roadway and Drainage
MSTU Advisory Committee
Robert Jones, Chairman
5
These minutes approved by the Committee on
as presented or amended
A.aenda Item No. 17F
- rv1ay 26. 2009
Page14of16
The next meeting is May 13, 2009, 10:00 AM
CC Transportation Bldg, East Conference Rm
2885 Horseshoe Drive South
Naples, FL 34104
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