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Agenda 06/09/2009 Item #16B 2 Agenda Item No. 1682 June 9, 2009 Page 1 of 7 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves the transfer of administrative duties and services for the Haldeman Creek Maintenance Dredging Municipal Service Taxing Unit (MSTU) from Alternative Transportation Modes to Bayshore Gateway Triangle Community Redevelopment Agency (CRA) staff; directs the Budget Office to discontinue the annual transfer of funds from the Road and Bridge Maintenance (Fund 101) to the Bayshore Beautification MSTU (Fund 163) as of FYIO. OBJECTIVE: To obtain Board approval to provide administrative services of the CRA staff to the Haldeman Creek Maintenance Dredging MSTU, and discontinue the annual transfer of funds from the Road and Bridge Maintenance (Fund 101) to the Bayshore Beautification MSTU (Fund 163) all to be effective October 1,2009 (FYlO). CONSIDERATIONS: On March 10,2009, the BCC authorized the transfer of administrative duties and services for the Bayshore Beautification MSTU from Alternative Transportation Modes to the Bayshore Gateway Triangle CRA staff. On May 7, 2009, the County Manager received a letter from the Bayshore Gateway Triangle CRA Executive Director requesting transfer of administrative functions supporting the Haldeman Creek Maintenance Dredging MSTU to the CRA. The County Manager and Transportation Division Administrator agree with that request. On April 9, 1999, a Memorandum written by Robert F. Fernandez, the then-County Administrator stated that "Funds raised by the Bayshore MSTU are intended to supplement, not replace, existing County funding." Subsequent to the writing of that memorandum $40,000 was annually transferred from the general fund into the Bayshore MSTU budget; however, there is no record of the Board of County Commissioners approving that expenditure. The County Road and Bridge Maintenance Department continues to expend maintenance dollars in the Bayshore area for the replacement of sidewalks and other services. The only maintenance service not provided by Road Maintenance is those landscape maintenance services intended to be performed by the MSTU in accordance with their stated purpose of beautification, to include mowing of Bahia sod when replaced by lush landscaping with Floratam sod as well as the maintenance of pavers when replacing the existing concrete sidewalks installed by the County. Under current economic times the Road and Bridge Maintenance Department cannot continue to transfer funds and the County Manager recommends that the transfer of funds be discontinued, and Road and Bridge services will continue in the Bayshore MSTU area FISCAL IMP ACT: There is no fiscal impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office. It is not quasi-judicial and requires no ex parte disclosure. A majority vote is necessary for Board action. - HF AC GROWTH MANAGEMENT IMP ACT: There is no growth management impact. Agenda Item No. 1682 June 9, 2009 Page 2 of 7 RECOMMENDATION: That the Board of County Commissioners approves the transfer of administrative duties and services for the Haldeman Creek Maintenance Dredging MSTU from Alternative Transportation Modes to the CRA staff, and discontinues the annual transfer of funds from the Road and Bridge Maintenance (Fund 101) to the Bayshore Beautification MSTU (Fund 163) effective October 1,2009 (FY10). Prepared By: David Jackson, Executive Director, Bayshore Gateway Triangle CRA Michelle Edwards Arnold, Alternative Transportation Modes Director Attachment: March 10 BCC Minutes Page lof2 Agenda Item No. 1682 June 9, 2009 Page 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16B2 Item Summary: Recommendation that the Board of County Commissioners approves the transfer of administrative duties and services for the Haldeman Creek Maintenance Dredging Municipal Service Taxing Unit (MSTU) from Alternative Transportation Modes to Bayshore Gateway Triangle Community Redevelopment Agency (CRA) staff directs the Budget Office to discontinue the annual transfer offunds from the Road and Bridge Maintenance (Fund 101) to the Bayshore Beautification MSTU (Fund 163) as of FY10. 6/9/2009 900:00 AM Meeting Date: Prepared By Michelle Edwards Arnold Alternative Transportation Modes Director Date Transportation Services Alternative Transportation Modes 5/19/2009 1 :04:39 PM Approved By Michelle Edwards Arnold Alternative Transportation Modes Director Date Transportation Services Alternative Transportation Modes 5/19/2009 1 :05 PM Approved By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 5/20/2009 8:20 AM Approved By Najeh Ahmad Director Date Transportation Services Transportation Engineering & Construction Management 5/20/200911:18AM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 5f27f200911:31 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 5/27f2009 2:04 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 5/27/20093:05 PM Approved By OMB Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 5f28/2009 8:36 AM fi]p.//r'\A O'pnrhTp<:t\Fynnrt\ 1 ~ 1_ hmp%70Q % 707()OQ\ 1 h o/~70r{)1\.Tc;;:p1\.TTo/" 70 A npl\.m A \ 1 [:;R [:;/1 /')()()O Page 2 of2 Agenda Item No. 1682 June 9,2009 Page 4 of 7 Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 5/29/2009 1 :13 PM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 5/29/20094:58 PM file://C:\ApencbTe<;t\Fxnort\ 1 i 1- Tllne%?OQ %?O?OOQ\ 1 h o/n?Or()N~PNTo/",)()A GPNn A \ 1 hR hnn()()Q Agenda Item No. 16B2 June 9, 2009 Page 5 of 7 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, March 10, 2009 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special district as has been created according to law and having conducted business herein, met on this date at 9:00 a.Ill., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Donna Fiala, Fred Coyle, Jim Coletta, Frank Halas, Tom Henning ALSO PRESENT: Jim Mudd, County Manager, Jeffrey A. Klatzkow, County Attorney, Sue Filson, Executive Manager to the BCC Item # lOA REVIEW OF THE WRITTEN AND ORAL REPORTS OF THE ADVISORY BOARDS AND COMMITTEES SCHEDULED FOR REVIEW IN 2008 IN ACCORDANCE WITH ORDINANCE NO. 2001-55. COMMITTEES INCLUDE: BAYSHORE BEAUTIFICATION MSTU ADVISORY COMMITTEE; LELY GOLF ESTATES BEAUTIFICATION ADVISORY COMMITTEE; RADIO ROAD BEAUTIFICATION ADVISORY COMMITTEE; V ANDERBIL T BEACH BEAUTIFICATION MSTU ADVISORY COMMITTEE; AND BA YSHORE/GATEW A Y TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD. (MIKE SHEFFIELD, ASSISTANT TO THE COUNTY MANAGER) - MOTION TO CONSOLIDATE THE BA YSHORE BEAUTIFICATION MSTU UNDER THE CRA - APPROVED AND SERVES A VALID PUBLIC PURPOSE; MOTION FINDING THE LELY GOLF ESTATES BEAUTIFICATION MSTU SERVES A VALID PUBLIC PURPOSE- APPROVED; MOTION FINDING THE RADIO ROAD BEAUTIFICATION MSTU SERVES A VALID PUBLIC PURPOSE - APPROVED; MOTION FINDING THE VANDERBILT BEACH BEAUTIFICATION MSTU SERVES A VALID PUBLIC PURPOSE - APPROVED MR. MUDD: And the 11 o'clock time certain, all the commissioners have had every one of these reports that are going to be briefed on by their chair people as far as the read-ahead and as part ofthe item. And so at that particular juncture, let's start our 11 a.m., which is Item lOA. What I tried to tell the folks that are up for public petition is, this should go fairly quickly as far as the board is concerned, because they already know what issues they have in the MSTUs. So don't lose patience as we -- as we move through the public petition process. This item is lOA. It's to be heard at 11 a.m. It's to review the written and oral reports of the advisory boards and committees scheduled for review in 2009 in accordance with ordinance number 2001-55. Committees include the Bayshore Beautification MSTU Advisory Committee and the Lely Golf Estates Beautification Advisory Committee and the Radio Road Beautification Advisory Agenda Item No. 16B2 June 9, 2009 Page 6 of 7 Committee and the Vanderbilt Beach Beautification MSTU Advisory Committee and the Bayshore/Gateway Triangle Local Redevelopment Advisory Board. CHAIRMAN FIALA: Mr. Michael Sheffield, Assistant to the County Manager, will present and introduce those people. MR. SHEFFIELD: Thank you. Mike Sheffield from the County Manager's Office. Your advisory committees are up for review every four years on a rotating schedule in accordance with ordinance 2001-55. These reviews allow you, the board, the opportunity to determine whether to abolish, continue, consolidate, or modify your advisory committees. You will be reviewing eight committees, four today and four at your March 24th meeting. The written reports are included in your agenda packet. After each presentation, it is requested that you make a recommendation to either accept the committee's report or to propose any changes that you would like to see happen with that committee. And if there are no questions, we'll begin. The first speaker is Bill Neal representing the Bayshore Beautification MSTU Advisory Committee. MR. NEAL: Good morning, Commissioners. Good seeing all of you again. I am the chairman of the MSTU, but better known as mayor of Bayshore, and here just to report to you that things are going just fantastically well in our area, and I hope you've had a chance to read the report. And unless there's further questions, we could go from there. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: Madam Chair, I would like to recommend approval ofthe recommendations ofthe committee to combine the staff functions of the MSTU under the CRA itself, and also find that the organization is performing a valuable function and should continue to stay in existence -- CHAIRMAN FIALA: Okay. And I second that motion. COMMISSIONER COYLE: n with that modification. CHAIRMAN FIALA: Okay. Commissioner Henning? COMMISSIONER HENNING: Yeah, I agree with the motion, but what about the improvements on Bayshore, like special lighting? They're going to take over the maintenance of that? I mean, the lighting is above and beyond the standards of the county. MR. NEAL: May I answer? CHAIRMAN FIALA: Sure. MR. NEAL: We are -- we are maintaining the lighting as we speak, the MSTU, and we'll continue that. And as we do our extension down south Bayshore, which is coming up -- we're putting in more lighting. Hope you'll drive dmvn soon and take a look at how much we've done. So yes, the MSTU will take that expense, as we're doing now. COMMISSIONER HENNING: Okay. MR. NEAL: Fair enough. CHAIRMAN FIALA: I think Norm Feder has a comment on this also. MR. FEDER: For the record, Norman Feder, Transportation Administrator. We're fme with the recommendation. I think we'd like some guidance on how you'd want that transition. As you know today, some of our staff -- and we just recently assigned a new staff member to work with them -- are working with them while we're doing the fiscals, and we'll be happy to transfer that over to the CRA. The other question I did have for the board's consideration is, when that MSTU was formed, there was a provision to get it moving and to address some ofthe issues of 40,000 a year out of our Agenda Item No. 1682 June 9, 2009 Page 7 of 7 maintenance budget that was provided to the MSTU. Is that to be maintained with the MSTU or by this combination of the CRA and MSTU staffmg? While we return all the funds that we collect to manage it, do we also have that $40,000 come back to our ongoing maintenance activities around the county? MR. NEAL: Well, Norm., I certainly thank you for your remarks. This is a new issue that has not -- although we've coordinated some of these discussions with the county, this is something new that's come up. This was an arrangement we made many, many years ago because the county was not maintaining -- no reflection on the present folks concerned -- was not the maintaining the medians. And all we asked for at that time was what the fair share was available for Bayshore, that the county would ordinarily spend, and we said we'd like that included when we had the MSTU, that we'd take care of it. I don't -- I don't want to argue the issue. I'm just saying that was the agreement we made years ago, and I don't see a reason to change that. MR. FEDER: And again, Bill, you're correct. I didn't mean to surprise you with it. Obviously it was before any ofthis board or myself were here when that got formed. Well, no, not before your involvement, of course. MR. NEAL: Ifwe had the approval, I'd be happy to continue some more discussions with Norm on this issue and see ifhe'll agree to my wishes. CHAIRMAN FIALA: He needs direction from us. Commissioner Coyle? COMMISSIONER COYLE: Yeah, I think what we've done is really take action on only one issue, which is to consolidate the administrative support of the MSTU with the CRA. Any other changes, I think, would -- should come before us as a separate item, and we will -- we could consider the merits of those changes at that time once we hear from both the advisory board and the staff. But what we've done -- I mean, the motion that has just been made deals only with the consolidation. CHAIRMAN FIALA: Any further discussion? (No response.) CHAIRMAN FIALA: The motion is on the floor made by Commissioner Coyle, seconded by Commissioner Fiala. Any further discussion? (No response.) CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: Very good. That's a 5-0. MR. NEAL: Thank you so much.