Agenda 06/23/2009 Item #16B14
Agenda Item No. 16814
June 23, 2009
Page 1 of 11
EXECUTIVE SUMMARY
Request for authorization for County Manager or his designee to bring to the Board a
proposed Ordinance to create the Radio Road East of Santa Barbara Boulevard to Davis
Boulevard Municipal Service Taxing Unit (MSTU).
OBJECTIVE: That the Board of County Commissioners authorize County Manager or his
designee to bring to the Board a proposed Ordinance to create the Radio Road East of Santa
Barbara Boulevard to Davis Boulevard Municipal Service Taxing Unit (MSTU).
CONSIDERATIONS: On April 7, 2009, Commissioner Henning's Office, in coordination with
the existing Radio Road MSTU, organized a Public Meeting to present a proposal for the
expansion of MSTU project activity east of Santa Barbara Boulevard along Radio Road to Davis
Boulevard. There were approximately 200 people in attendance at this public meeting
representing the various communities along Radio Road. Most of the attendees were "in favor"
of either expanding the existing MSTU boundary or creating a new MSTU for the purposes of
installing Landscape and Irrigation East of Santa Barbara.
On May 12, 2009, Agenda Item 10C, the Board of County Commissioners approved policy that
allows for future landscape projects on roadways included in the Collier County Landscape
Beautification Master Plan to be initiated by Developers, Municipal Service Taxing Unit
(MSTU), or Homeowner Association (HOA). Radio Road from Santa Barbara Boulevard to
Davis Boulevard was identified as one of the roadway segments that would be a candidate for
Developer/MSTU/HOA Landscaping where landscaping is installed by an MSTU and future
maintenance could be assumed by the County in the future if the Board approved future funding
for the maintenance of the landscaping.
The proposed MSTU boundary will include 3,312 separate property owners most of who belong
to (11) eleven separate Homeowner Associations, which include: Sapphire Lakes, The Shores,
Furse Lakes Club, Granada Lakes Villas, Ibis Club, Madison Park, Blue Heron, Sherwood Park,
Berkshire Lakes-Berkshire Pine, Sabal Lakes, and Plantation.
FISCAL IMPACT: The proposed MSTU boundaries will have an estimated district taxable
value of $546,204,854. The effect of the proposed MSTU, including the tax levy implications,
will not be realized until the 2010 tax year (FY 2011). This assumes that the enabling expansion
ordinance and related filings will be completed prior to December 31,2009.
The creation of the proposed MSTU will have an impact upon the aggregate county millage rate
when this calculation is perfonned for the FY 20 II budget. For purposes of TRIM, the aggregate
millage rate, which is a product of dollars raised for each Collier County government taxing
authority, is measured against the aggregate rolled back millage rate. Dollars raised above the
aggregate rolled back millage rate would fall outside the simple majority vote scenario, at least
for the taxing authorities levying above their individual rolled back rate.
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Agenda Item No. 16814
June 23, 2009
Page 2 of 11
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
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDA TJON: That the Board of County Commissioners authorize the County
Manager or his designee to bring back at a future meeting a proposed Ordinance to create the
Radio Road East of Santa Barbara Boulevard to Davis Boulevard Municipal Service Taxing
Unit.
Prepared By: Darryl Richard, Project Manager - MSTUs, Alternative Transportation Modes
Attachments: 1) Exhibit A - Proposed Boundary Map
,,"-
2
Item Number:
Item Summary:
Meeting Date:
Page 10f2
Agenda Item No. 16814
June 23, 2009
Page 3 of 11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16B14
Request for authorization for the County Manager or his designee to bring to the Board a
proposed Ordinance to create the Radio Road East of Santa Barbara Boulevard to Davis
Boulevard Municipal Service Taxing Unit (MSTU).
6/23/2009 90000 AM
Date
Prepared By
Darryl Richard
Transportation Services
Project Manager
Alternative Transportation Modes
6/15/2009 3:25:39 PM
Date
Approved By
Darryl Richard
Transportation Services
Project Manager
Alternative Transportation Modes
6/15/2009 3:27 PM
Approved By
Date
Therese Stanley
Transportation
Grants Coordinator
Transportation Administration
6/15/2009 3:36 PM
Approved By
Michelle Edwards Arnold
Transportation Services
Alternative Transportation Modes
Director
Date
Alternative Transportation Modes
6/15/2009 3:49 PM
Administrative Assistant
Date
Approved By
Caroline Soto
Transportation Services
Transportation Engineering and
Construction
6/15/20093:51 PM
Date
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Transportation Services Admin.
6/16/2009 7:31 AM
Date
Approved By
Pamela J. Lulich
Transportation Services
Project Manager
Alternative Transportation Modes
6/16/20098:12 AM
Date
Approved By
OMB Coordinator
County Manager's Office
OMS Coordinator
Office of Management & Budget
6/16120099:39 AM
Date
Approved By
Scott R. Teach
County Attorney
Assistant County Attorney
County Attorney Office
6/161200911:31 AM
Approved By
Pat Lehnhard
Transportation Services
Executive Secretary
Transportation Services Admin
Date
6/16/2009 1 :16 PM
Approved By
Mark Isackson
Budget Analyst
Date
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Page 2 of2
Agenda Item No. 16814
June 23, 2009
Page 4 of 11
County Manager's Office
Office of Management & Budget
6/16/20094:39 PM
Approved By
Jeff Klatzkow
County Attorney
County Attorney Office
Date
County Attorney
6/16/20094:57 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
6/16120095:50 PM
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Agenda Item No. 16814
June 23, 2009
Page 5 of 11
ORDINANCE NO. 2009-
AN ORDINANCE CREATING THE RADIO ROAD EAST OF SANTA BARBARA
BOULEVARD TO DAVIS BOULEVARD MUNICIPAL SERVICE TAXING UNIT;
PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION;
PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FUNDING
AND THE LEVY OF NOT TO EXCEED .2851 MILS OF AD VALOREM TAXES
PER YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING
FOR THE CREATION OF THE RADIO ROAD EAST OF SANTA BARBARA
BOULEVARD TO DAVIS BOULEVARD ADVISORY COMMITTEE,
APPOINTMENT AND COMPOSITION; PROVIDING FOR TERMS OF OFFICE
OF THE ADVISORY COMMITTEE; QUORUM AND RULES OF PROCEDURE;
PROVIDING FOR FUNCTIONS, POWERS AND DUTIES OF THE ADVISORY
COMMITTEE; PROVIDING FOR THE DUTIES OF THE COUNTY MANAGER
OR HIS DESIGNEE; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on
the Board of County Commissioners was informed
that the residents living in District 3 along Radio Road, East of Santa Barbara Boulevard to the
intersection of Radio Road and Davis Boulevard, requested landscaping be installed along that
section of roadway; and
WHEREAS, the Board of County Commissioners has determined that the creation of a
municipal service taxing unit to be known as the "Radio Road, East of Santa Barbara Boulevard
to the intersection of Radio Road and Davis Boulevard MSTU" is the best method for funding
the implementing the installation ofthis landscaping; and
NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE.
Authority.
This Ordinance is adopted pursuant to the provisions of Chapter 125.01 and Chapter 200,
Florida Statutes, and other applicable law.
Agenda Item No. 16814
June 23, 2009
Page 6 of 11
SECTION TWO.
Creation of the Municipal Service Taxing Unit.
There is hereby created and established the Radio Road, East of Santa Barbara Boulevard
to the intersection of Radio Road and Davis Boulevard municipal service taxing unit, hereinafter
referred to as "MSTU." The boundaries of the MSTU are as follows: See attached Exhibit "A,"
which is incorporated herein by reference.
SECTION THREE. Purpose and Governing Body.
The MSTU is created for the purpose of providing landscaping and sprinkler systems for
the section of Radio Road from Santa Barbara Boulevard east to Davis Boulevard. This MSTU
will sunset when the project is completed, or in five years, which ever happens sooner.
SECTION FOUR. Funding and Levy of Taxes.
For the purpose of implementing this Ordinance, the Board of County Commissioners
shall annually, at the time required by general budgetary law, make an itemized estimate of the
amount of money required to cany out the business of the MSTU for the next fiscal year, which
shall be from October 1 to and including September 30 following, until the project is either
completed or when five years is up, which ever comes first. The estimate shall describe the
purpose for which the moneys are required and the amount necessary to be raised by taxation
within the MSTU. At the time and place for fixing the annual rate of taxation for County
purposes, the Board shall fix and cause to be levied on all properties within the MSTU subject to
taxation a millage rate not to exceed .2851 mils per year.
SECTION FIVE.
Tax Assessment and Collection.
Taxes herein provided for shaIl be assessed and coIlected in the same manner and form as
provided for the assessment and collection of general County taxes and subject to the same fees
for assessing and collecting as general County taxes.
2
SECTION SIX.
Agenda Item No. 16814
June 23, 2009
Page 7 of 11
Creation of the Radio Road, East of Santa Barbara Boulevard to the
intersection of Radio Road and Davis Boulevard MSTU Advisory
Committee, Appointment and Composition.
A. There is hereby created and established the Radio Road, East of Santa Barbara Boulevard
to the intersection of Radio Road and Davis Boulevard MSTU Advisory Committee,
hereinafter referred to the "Committee."
B. The Committee shall consist of five (5) members which generally represent the area
within the MSTU. Members of the Committee shall be appointed by and serve at the
pleasure of the Board of County Commissioners. Said members shall be permanent
residents within the MSTU and electors of Collier County. The Board of County
Commissioners shall consider appointment of members from different parcels,
subdivisions and/or the communities within the MSTU.
C. Appointment of the members to the Committee shall be by resolution of the Board of
County Commissioners, which resolution shall set forth the date of the appointment and
the term of office.
D. Members of the committee shall serve without compensation but shall be entitled to
receive reimbursement for expenses reasonably incurred in the performance of their
duties upon prior approval of the Board of County Commissioners.
E. Committee shall meet on an as-needed basis, but not less than once per year.
SECTION SEVEN. Terms of Office of the Advisory Committee.
The initial terms of office of the Committee shall be as follows:
A. Two (2) members shall be appointed for a term of two (2) years.
B. Two (2) members shall be appointed for a term of three (3) years.
C. One (1) member shall be appointed for a term of four (4) years.
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Agenda Item No. 16814
June 23, 2009
Page 8 of 11
Thereafter each appointment or reappointment shall be for a term of four (4) years.
Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired
term of office.
SECTION EIGHT. Officers of the Advisory Committee, Quorum And Rules of
Procedure.
A. At its earliest opportunity, the membership of the Committee shall elect a chairman and
vice chairman from among its members. Officer's terms shall be for one (1) year, with
eligibility for re-election.
B. The presence of three (3) or more members shall constitute a quorum of the Committee
necessary to take action and transact business.
C. The Committee shall, by majority vote of the entire membership, adopt rules of
procedure for the transaction of business and shall keep a written record of the meetings,
resolutions, reports and exhibits, findings and determinations. Copies of all Committee
minutes, resolutions, reports and exhibits shall be submitted to the Board of County
Commissioners.
D. Committee member attendance requirements, including failure to attend meetings and
member removal from office are governed by Ordinance No. 2001-55, as it may be
amended, or by its successor ordinance.
SECTION NINE. Functions, Powers and Duties of the Advisory Committee.
The functions, powers and duties of the Committee shall be as follows:
A. To aid and assist the Board of County Commissioners in carrying out the MSTU as set
forth in this Ordinance.
B. To prepare and recommend to the Board of County Commissioners an itemized budget of
the amount of money required to carry out the business of the MSTU for the next fiscal
year. In carrying out this responsibility, the Committee shall, no later than April 1 st of
each year, meet with the County Manager or his designee and outline to the County
Manager or his designee those projects which the committee wishes to see accomplished
4
Agenda Item No. 16814
June 23, 2009
Page 9 of 11
during the next fiscal year. Based upon this information, the County Manager or his
designee shall prepare a proposed budget for the MSTU, in accordance with standard
County guidelines regarding preparation of budgets. This proposed budget shall then be
reviewed by the Committee and upon approval by the Committee be transmitted through
the County Manager or his designee to the Board of County Commissioners' policy.
Should the Committee fail to approve the budget by June 1 st of each year, the County
Manager or his designee shall be authorized to submit a proposed budget to the Board of
County Commissioners.
C. The Committee shall recommend work programs and priorities to the County Manager or
his designee is accordance with the adopted budget or budget amendments which may be
adopted by the Board of County Commissioners. The execution of work programs shall
be under the direct supervision and responsibility of the County Manager or his designee.
Said work may be performed under contract (in accordance with the law) or by County
forces.
D. The Committee may adopt and amend "Guidelines" to govern its operation and the
operation of the MSTU, subject to approval by the Board of County Commissioners.
SECTION TEN.
Duties of the County Manager or his Designee.
The duties of the County Manager of his designee shall be:
A. To administer the activities of the MSTU in accordance with established policies of the
Board of County Commissioners and guidelines adopted by the Committee.
B. To prepare the annual budget in accordance with Section Nine, Paragraph B. above.
C. To provide periodic written reports to the Committee, and the Board of County
Commissioners of the activities of the MSTU and its finances in accordance with
established guidelines of the Board of County Commissioners and/or the Committee.
D. Attend all Committee meetings.
5
Agenda Item No. 16814
June 23, 2009
Page 10 of 11
SECTION ELEVEN. Conflict and Severability.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shaIl apply. If any court of competent jurisdiction holds any
phrase or portion of the Ordinance invalid or unconstitutional, such portion shaIl be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION TWELVE. Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shaIl become and may be made a part of the Code of
Laws and Ordinances of CoIlier County, Florida. The section 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 THIRTEEN. Effective Date.
This Ordinance shall take effect upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this day of , 2009.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
DONNA FIALA, CHAIRMAN
Approved as to form and
Legal sufficiency:
Scott R. Teach
Deputy County Attorney
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