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Agenda 07/11/2023 Item #16L1 (Establish the Historic Cemetery, 815 W. Main Street and the Zocalo Plaza as "public areas")16.L.1 07/ 11 /2023 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners acknowledge and establish the Historic Cemetery, 815 W. Main Street (PID No. 00127320003), and the Zocalo Plaza, 107 N. V Street (PID No. 81681720003), as "public areas" as identified in Section Five of Ordinance No. 92-40, as amended, for the purposes of allowing these areas to be beautified and maintained by the Immokalee Beautification Municipal Service Taxing Unit (MSTU) at an enhanced level of service and in furtherance of the adopted Community Redevelopment Plan. OBJECTIVE: To transfer the maintenance responsibility and costs for the Historic Cemetery, 815 W. Main Street (PID No. 00127320003), and the Zocalo Plaza, 107 N. Pt Street (PID No. 81681720003), to the Immokalee Beautification Municipal Service Taxing Unit (MSTU). CONSIDERATIONS: Collier County Ordinance No. 92-40, as amended, created the Immokalee Beautification Municipal Services Taxing Unit in Collier County, Florida and provided for the MSTU Boundaries. The Boundaries included the road right-of-way of SR 29 and CR 846 (South Pt Street) which pass through the commercial/business areas in Immokalee, and approved public areas. Additionally, Section Five of Ordinance No. 92-40 cites that such "public areas" may be recognized for inclusion within the MSTU Boundary as "recommended by the Advisory Committee and/or determined by the Board of County Commissioners". The Collier County Parks and Recreation Division (Parks & Recreation) currently maintains the Historic Cemetery and the Zocalo Plaza (locations depicted on Exhibit A). The MSTU maintains the adjacent right-of-way along Main Street under the Immokalee MSTU Landscape Contract #17-7197, as amended, with an expiration date of August 12, 2023. Parks & Recreation and the Immokalee CRA staff meet on a monthly basis to identify opportunities for continuous improvement within Immokalee in accordance with Collier County's Strategic Plan and adopted Community Redevelopment Plan. Due to the prominence of the Historic Cemetery and Zocalo Plaza and in response to feedback received from the public, staff identified this proposal as an opportunity for the Immokalee Beautification MSTU to beautify these areas and enhance the level of service in furtherance of the MSTU's mission, the adopted Community Redevelopment Plan and the Collier County Strategic Plan, utilizing the MSTU funds specially designated for this purpose rather than general fund or other funding sources. On September 21, 2022, staff presented the proposal to the Immokalee MSTU Advisory Committee and the Advisory Committee approved by a unanimous 4-0 vote that the Historic Cemetery and Zocalo Plaza be recognized as "public areas" under Section 5 of Ordinance No. 92-40. Should the Board of County Commissioners approve this request, staff would incorporate the maintenance of the Historic Cemetery and Zocalo Plaza into the MSTU Landscape Contract bid that is currently being finalized and the transfer of maintenance responsibilities would be effectuated with the approval of the new contract, which is expected by September of this year. Section 5 of Ordinance No. 92-40 is set forth below for your ease of reference. SECTIONFIVE: PURPOSE. The Unit (MSTU) hereby established is for the purpose of doing all things reasonably necessary in connection with landscape beautification, including providing for pavement, curb and sidewalk modifications, installation of irrigation facilities, associated landscaping improvements and maintenance thereof, as permitted by the responsible governmental agency for that portion of the road rights -of -way of SR 29 and CR 846 (South Is' Street) which pass through the commercial/business areas in Immokalee, and certain other public areas as may be recommended by Advisory Committee and/or determined by the Board of County Commissioners. Packet Pg. 1390 16.L.1 07/ 11 /2023 ADVISORY BOARD RECOMMENDATION: On September 21, 2022, the Immokalee MSTU Advisory Committee passed by unanimous 4-0 vote a motion to acknowledge the Historic Cemetery and Zocalo Plaza as public areas and authorize staff to proceed with the actions necessary for the transfer from Parks & Recreation to the Immokalee MSTU the responsibility for the maintenance and the associated costs for said maintenance of the Historic Cemetery and Zocalo Plaza. FISCAL IMPACT: The estimated maintenance costs for the Historical Cemetery are $15,000 for the first year and $10,000 per year thereafter. The estimated maintenance costs for the Zocalo Plaza are $62,000 per year. Funds are currently available and will be budgeted annually within Immokalee Beautification MSTU Fund (1629). The Immokalee CRA will contribute as requested by the MSTU subject to CRA approval and funds being appropriated by the CRA Board for such purposes in the annual Immokalee Redevelopment Fund (1025) budget. The act of consolidating maintenance activities under one contract and one managing division is expected to produce operational efficiencies and savings. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item is approved as to form and legality. It requires a majority vote for Board Approval. (HFAC) RECOMMENDATION: That the Board of County Commissioners acknowledge and establish the Historic Cemetery, 815 W. Main Street (PID No. 00127320003), and the Zocalo Plaza, 107 N. 1st Street (PID No. 81681720003), as "public areas" as identified in Section Five of Ordinance No. 92-40, as amended, for the purposes of allowing these areas to be beautified and maintained by the Immokalee Beautification Municipal Service Taxing Unit (MSTU) at an enhanced level of service and in furtherance of the adopted Community Redevelopment Plan. Prepared By: Yvonne Blair, Immokalee CRA Project Manager ATTACHMENT(S) 1. EXHIBIT A - Main Street Corridor Map 7.5.23 (PDF) 2. MSTU Districts Ordinance 1992-40 (PDF) 3.09.21.22 MSTU Meeting Minutes J.3. Approval of public areas (PDF) Packet Pg. 1391 16.L.1 07/ 11 /2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.L.1 Doe ID: 25889 Item Summary: Recommendation that the Board of County Commissioners acknowledge and establish the Historic Cemetery, 815 W. Main Street (PID No. 00127320003), and the Zocalo Plaza, 107 N. 1 st Street (PID No. 81681720003), as "public areas" as identified in Section Five of Ordinance No. 92-40, as amended, for the purposes of allowing these areas to be beautified and maintained by the Immokalee Beautification Municipal Service Taxing Unit (MSTU) at an enhanced level of service and in furtherance of the adopted Community Redevelopment Plan. Meeting Date: 07/11/2023 Prepared by: Title: — Immokalee CRA Name: Yvonne Blair 06/20/2023 10:29 AM Submitted by: Title: — Corporate Business Operations Name: Greg Oravec 06/20/2023 10:29 AM Approved By: Review: Corporate Business Operations Corporate Business Operations Corporate Business Operations County Attorney's Office Office of Management and Budget County Attorney's Office Office of Management and Budget County Manager's Office Board of County Commissioners Jennifer Reynolds Stage 1 Review Charles Kammerer Stage 1 Review Greg Oravec Director - CRAs Heidi Ashton-Cicko Level 2 Attorney of Record Review Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Christopher Johnson Additional Reviewer Geoffrey Willig Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 06/20/2023 10:37 AM Completed 06/20/2023 11:09 AM Completed 06/20/2023 12:20 PM Completed 06/21/2023 9:35 AM Completed 06/21/2023 10:19 AM Completed 06/21/2023 2:13 PM Completed 07/05/2023 12:57 PM Completed 07/05/2023 2:56 PM 07/11 /2023 9:00 AM Packet Pg. 1392 ollgnd pall;uepl f11Sw aalemowwi : 6885Z) £Z'S'L dew ioppioo;aaa;g uiew - d 1181HX3 :;uauayoe;;d T J CO N T m W m X LU I..L S� L O I..I� 0 w w L40 z ZO WE N 4. ORDINANCE NO. 92---40_r AN ORDINANCE CREATING THE IMMOKALEE BEAUTIFIRATIOlk KUNICIPAL SERVICE TAXING UNIT IN COLLIER COUNTY, FORIDA PROVIDING AUTHORITY; PROVIDING UNIT BOUNDARIES; PR(4SDINZ; ` FOR THE GOVERNING BODY OF THE UNIT, POWERS AND TiEST T1 PROVIDING PURPOSE OF THE UNIT; PROVIDING FOR I!3*HI3E1kV �. BUDGET AND MILLAGE RATE AND COLLECTION OF TAXES; PPAWIDINL}� m FOR ADVISORY COMMITTEE, DUTIES AND RESPONSIBXQ(TIES_X cz; PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DLA13. ac w WHEREAS, the Board of County Commissioners on October 25, 1977, adopted Collier County Ordinance No. 77-52, creating the Immokalee Lighting and Beautification Municipal service Taxing District for the purpose of providing street lighting and beautification within the np ' ,Unit; and .0 . WHEREAS, the Board of County Commissioners, on September 23, f' 1986, adopted Collier County ordinance No. 86-65, 'creating the jImmokales Lighting and Beautification District Advisory Committee, providing for functions, powers and duties of the Committee; and Y WHEREAS, The Board of County Commissioners on January 23, 1990 t' adopted Collier County Ordinance No. 90-8, revising the membership of �:- the Immokalee Lighting and Beautification Advisory Committee from seven members to five members; and WHEREAS, the Board of County Commissioners on February 27, 1990 adopted Collier County Ordinance No. 90--19, revising Section Five of *;. Ordinance No. 77-52 by providing for and further defining the purpose of the Immokales Lighting and Beautification District; and is WHEREAS, on February 20, 1990, the Immokalse Lighting and Beautification Advisory Committee had met and approved a motion to '•' recommend to the Board of County Commissioners that Collier County ordinance No. 77-52 be modified so as to separate the Lighting District from the Beautification District, thereby making both ` Districts separate, but having identical district boundaries and retain the current Advisory Committee composition and make-up only for the Beautification District, and the Hoard having heard said recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: ,g2 j27 t top V53 plu 305 R �� <' N N �sysZti ca O a a. m c a� H 2 m d Y 0 E E 00 00 LO N Packet Pg. 1394 ';'1'ION_.ONE. A=OEIIX ThIICIOtdinAnbe.l"s enacted pUtsuant to the authority granted to PRw7C:1;' AC?Y,C,^ 10V.0"*_ .,T., . . a Board"df Cbuhty Commissioners''of'Collier County, Florida under aptd�►G125 olr,the: Florida'.stattitea3r • ' CTIONOTM17 YMMOULEE_BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT 1. ... .. . -CREATE There is hereby created the Immokalee Beautification Municipal irvice Taxing Unit (hereinafter referred to as the "Unit). ;{LION THREE, BOUNDARIES The boundaries of the Unit shall comprise all that land located i Collier County, Florida, and specifically described as: The South 1/2 of the South 1/2 of Section 29; the South 1/2 of the southeast 1/4 of Section 30; the Northeast 1/4 of Section 31; all of Section 32; all of Section 331 the Southwest 1/4 of Section 34; and the South 1/2 of the Southwest 2/4 of Section 201 all in Township 46 South, Range 29 East. The Southeast 1/4 of Section 3; the West 1/2 of Section 3; all of section 4; the Northeast 1/4 of Section 5; the North 1/2 of the Northwest 1/4 of Section 5; the East 1/2 of Section 9; and the Southwest 1/4 of the Northeast 1/4 of Section 11; all in Township 47 South, Range! 29 East. ECTION FOUR. QZ=ING BOARD, POWERS AND QUTIES The governing body of the unit shall be the Board of County ommissioners of Collier County, Florida with the power and duty to onduct the affairs of the Unit as prescribed by Florida Statutes. 6CTI9li FIVE. OMPOSE. The Unit hereby established is for the purpose of doing all hinge reasonably necessary in connection With landscape aautification, including providing for pavement, curb and idewalk modifications, installation of irrigation facilities, ssociated landscaping improvements and maintenance thereof, as •Emitted by the responsible governmental, agency for that portion of he road rights -of -way of SR 29 and CR 046 (South let Street) which ,ass through the commercial/business areas in Immokalee, and certain ether public areas as may be recommended by the Advisory Committee nd/or determined by the Board of County Commissioners. Wax (153 PAGE 306 - 2 - _,.._..,.�.___��..._.._.,_._:_.......,_. Packet Pg. 1395 SECTION SIX. ITEMIZED BUDGET, AND LLA�RATE For. the purpose of implementing this Ordinance the Board of County Commissioners shall annually, at the time required by general law, make an itemized estimate of the amount of money required to h�. porfarn_:_the buxinesa._of the Unit- for .the next fiscal year, which shall be from October 1, to and including September 30 following. The estimata shall provide the purpose for which the monies are v' required and the amount necessary to be raised by taxation within the Unit. At the time and place for fixing the annual rate of taxation for County purposes, the Board of County Commissioners shall fix and i-, cause to be levied on all property within the Unit subject to i. 3 .- taxation a millage sufficient to meet the purposes and obligations of the Unitf provided, however, the total millage shall not exceed one (1) mill. �st�1RECTION . COLLECTION OF TALES Taxes herein provided for shall be assessed and collected in the 1`"same manner and form as provided for the assessmont and collection of general „County taxes and subject to the same fees for assessing and > collecting as general County taxes. `i- The Board of county Commissioners shall, by Ordinance, designate an Advisory Committee composed of residents who are taxpayers and electors from within the Unit with advisory authority to assist in conducting the business affairs of the Unit and such other duties of the Unit as may be assigned from time to time by the Board of County r ;. Commissioners. SECTION NINE. CONSTRUCTION_AND-SMRABILITY ;;. This ordinance shall be liberally construed to effectuate its public purpose. ;. It is declared to be the intent of the Board of County (.'Commissioners that if any section, subsection, sentence, clause, a? e phrase or provision of this ordinance is held invalid or '• unconstitutional by any court of competent jurisdiction such y„ invalidation or unconstitutionality shall be deemed a separate, sQQw s153 m 307 MIM Packet Pg. 1396 1 ,'.distinct and independent provision and shall not be so construed as ;, to render invalid or unconstitutional the remaining provisions of the Ordinance. SECTION TEN. This Ordinance shall become effective upon receipt of notice Y. 'from the Secretary of State that this ordinance has been filed with tha Secretary of State. . PASSED AND DULY ADOPTED by the Board of County Commissioners of ' Collier County,. Florida, this day of 1992. op 4,s "i1 'A's• , 'fBOARD OF COUNTY COMMISSIONERS .�ygeet C. Gil6sr ;blerk COLLIER COUNTY, FLORIDA .4 i BY: - _" N 'P, Michael J. o e, hairman `Approved as to -form and 1.1ogal sufficiency: Vid C. iPei el This ondlna�d filed with the Sacretory of te's Ofiltchil Assistant Collie County Attorney dyb and acknaw gernenf that fin received day 0 ' crwa w.a Wi lfb/7038 is • boar (153 Paq� 308 4 N L Q v (L d f- 3 d m 0 E E C) 00 ao In cm "" Packet Pg. 1397 rATZ OF FLORIDA )LINTY OF COLLIER j I, JAMES C. GILES, Clerk of Courts in and for the wentleth Judicial Circuit, Collier County, Florida, do ereby certify that the foregoing in a true copy of: ordinance No. 92-40 hich was adopted by the Board of County Commissioners on he 9th day of June, 1992, during Regular Session. WITNESS my hand and the official seal of the Hoard of ounty Commissioners of Collier County, Florida, this 10th ay of June, 1992. JAMES C. GILES Clerk of Courts and Cleric. Ex-officio to Board of �. County Commissioner r�� By: /$/Maureen Kenyon Deputy Clerk tW 1153 Port 309 Packet Pg. 1398 16.L.1.c camiCOUIlly134icy IMMOKALEE CRA inheP w,luCot1lmiicI Enclosure 1 MINUTES Joint Meeting of the Collier County Community Redevelopment Agency Immokalee Local Redevelopment Advisory Board and the Immokalee MSTU Advisory Committee on September 21, 2022. The Advisory board members, staff, and public appeared virtually and in person. Hybrid Remote Public Meeting CareerSource 750 South 5ih Street Immokalee, FL 34142 A. Cali to Order. d The meeting was called to order by Anne Goodnight, CRA Chair and Bernardo Barnhart, MSTU Vice- c Chair at 9:03 A.M. E B. Pledge of Allegiance and Moment of Silence. E Ms. Anne Goodnight led the Pledge of Allegiance and asked for a moment of silence. Mr. Bernardo Barnhart followed with an opening prayer. CO 00 C. Roll Call and Announcement of a Quorum. v Christie Betancourt opened roll call. A quorum was announced for the CRA board and the MSTU board. CRA Advisory Board Members Present in Person: v Andrea Halman, Edward "Ski" Olesky, Estil Null, Mark Lemke, Michael "Mike" Facundo, Patricia .2 "Anne" Goodnight, and Jonathan Argueta. CRA Advisory Board Members Present via Zoom: a c Frank Nappo` CRA Advisory Board Members Absent/Excused: a Yvar Pierre. a MSTU Advisory Committee Members Present: Q . Andrea Halman, Bernardo Barnhart, Norma Garcia, Cherryle Thomas (9:30) and Christina Guerrero ri (9:40). d MSTU Advisory Committee Members Present via Zoom: _ No one on by zoom. 2 MSTU Advisory Committee Members Absent/Excused: as E David Turrubiartez, and Ana Estrella. Others Present in Person: Aristeo Alviar, Raquel Ramirez, Peggy Rodriguez, Eddie Gloria, Lluvia Zavala, Mary Martinez, Madisyn Cn Facundo, Danny Gonzalez, Andrew VanValin, Steve Kirk, Rosa Perez, Daniel Delisi, Clara Herrera, 2 Maria Yzaguirre, Julyssa Arevalo, Edna Hernandez, MariceIa Cortez, Misty Smith, Vicki Aguilar, JoIane N Clark, Randi Hopkins, Marlene Dimas, Dottie Cook, Armando Yzaguirre, and Commissioner William N "Bill" McDaniel. o Others Present via Zoom: Carrie Williams, Annie Alvarez, Arol Buntzman, Yuridia Zaragoza, David Haight, David Dowling, CD E Charlene Paillere, William Rollins, and Victoria Peters. Q Staff Present in Person: Debrah Forester, Christie Betancourt, and Yvonne Blair. Packet Pg. 1 971 16.L.1.c CagwrnwalCosn•nunr(R'4f1n5ltcL ave�d&)&sq iMMOKALEE CRA Enclosure 1 iRMI Pate to CuS i fUM6 f X Presentation is attached to the minutes for the record. 2. Williams Property Rezone Request — Dan Delisi Mr. Dan Delisi introduced himself and presented on the rezone request for the Williams property He said the property is on the south side of Lake Trafford Road as shown on map. Rezone property to Single Family Residential — 2 units per acre, 336 units, Amenity Center, Preserve, Camp Kcais Strand on south, Preservation of creek and 50' buffer on east, Secondary Access to Miraham Terrace. We currently don't have a builder on board. After much discussion board agreed to support the rezone identified on the portion of the Williams Property. X Presentation is attached to the minutes for the record. CRA Action; 00 Action: Mr. Estil Null made a motion to support the Rezone of the identified portion of the Williams Property. Mr. Ski Olesky seconded the motion and it passed by unanimous vote. 8-0. � m L cc J. Old Business. 2 1. Catholic Charities update (Enclosure 15) Staff provided added Enclosure 15 which is a draft purchase agreement. Q' At the request of the board this item was tabled. Staff will come back to board once both parties agree with negotiated terms. o a a 2. Contractor Maintenance Report Q ri i. A&M Property Maintenance a. Maintenance Report & Schedule (Enclosure 10) Staff provided Enclosure 10 which is A&M maintenance reports, incidental invoice, and = upcoming schedule for work in the MSTU area. Mr. Armando Yzaguirre with A&M provided brief updates for the beautification area. MSTU Landscape Maintenance Solicitation update (Enclosure 11)Cn Staff Recommended improvements Enclosure 11 which is information in Solicitation #22-8029. 2 cm Staff informed the board that more time was allotted on the current contract that A&M Property N TI- Maintenance has. The time was extended from 2/28/2022 to 8/23/2023. That will allow staff to N make additional changes to the current draft solicitation. c CD Staff would like to add additional service within the two identified public areas. The Historical E Cemetery on SR 29 at 815 W Main Street (PID# 00127320003 appx. 28' X 95' containing .06 acres 0 more or less, Owner; Collier County) and the Zocalo Plaza on the corner of W. Main Street and N. Q I" Street at 107 N. I" Street (POD's #8168196009 & 81681720003 approx..58 acres Owner: Collier County CRA). Packet Pg. 1400 16.L.1.c Cdt -t CawiPr Cann onpe Riclrrclr nner i A t-ofy IMMOKALEE CRA 1JU ROea to Car Home I Enclosure 1 Collier County Parks & Recreation (P&R) currently performs general grounds maintenance at the historical cemetery and Zocalo Plaza. It m* ay be beneficial to the community if the MSTU took over the maintenance of the cemetery and the tasks not performed by P&R at Zocalo Plaza (e.g., removal of exotic vegetation, trimming bougainvillea & bamboo, spray weeds). It would assure consistent maintenance and the level of service the community has requested. P&R has no objection to the MSTU taking over the maintenance of the historical cemetery. This transfer of services would need approval by the MSTU Advisory Board and/or determined by the BCC if the BCC recognizes the cemetery and Zocalo PIaza as a "public area" pursuant to Section 5, Ordinance 92-40. The proposed monthly maintenance of the fenced historical cemetery as an additional service or maintenance task would be in addition to the adjacent strip of right-of-way on SR 29 and includes, but not limited to general grounds maintenance, additional plantings, mulch, landscape rocks, cleaning of the landscape rocks, troubleshoot, maintain, and repair irrigation system. MSTUAction: N Action: Ms. Andrea Halman made a motion to recommends that the MSTU Advisory Committee N acknowledges the historic cemetery and Zocalo Plaza as public areas and authorizes Staff to proceed with m the actions necessary for the transfer from Parks & Recreation to the Immokalee MSTUthe responsibility for the maintenance and the associated costs for said maintenance of the historical cemetery at 815 W Main Street, Immokalee and additional services not performed by P&R at Zocalo Plaza at 107N 1st Street. Q. Ms. Norma Garcia seconded the motion and it passed by unanimous vote. 4-0. o 4. Main Street Corridor Streetscape Improvement Project a i. Johnson Engineering update C Staff provided board with brief updates on the project. Notice to Proceed was issued to r; Johnson Engineering on September 1, 2022, for design of Main Street from 9th Street to E. N 2nd Street. Cost this project will be the CRA & MSTU. 3 5. Immokalee Sidewalk Project — Phase III — Delaware Avenue and Eustis Avenue i. HUD EDI/CPF Grant #B-22-C-FL-0233 (Enclosure 12) Staff provided a copy of Enclosure 12 which is grant funding received from the Economic Development Initiative (EDI) Community Project Funding (CPF) for Immokalee Sidewalk Phase III Project. The CRA has been tentatively awarded federal appropriations grant funds in the estimated amount of $987,000 for the construction portion of this project. The MSTU is paying o $114,763 for the design portion. The estimated probable construction cost is e $1,007,822.50. The Immokalee Beautification MSTU and the Immokalee CRA willCD partner on this project. s c� Staff is processing the grant submittal package and needs board support to authorize staff Q to prepare and obtain execution by the Chairman of the BCC for the required Federal Forms Packet Pg. 1 171