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Agenda 10/13/2015 Item #17D Proposed Agenda Changes Board of County Commissioners Meeting October 13, 2015 Continue Item 9C to the October 27,2015 BCC Meeting: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item,all participants are required to be sworn in.Kathleen Riley requests an appeal to the Board of County Commissioners of a final decision by the Collier County Planning Commission to approve Petition BDE-PL20150000487 for an 18-foot boat dock extension over the maximum 20-foot limit allowed by Section 5.03.06 of the Land Development Code for a total protrusion of 24 to 38 feet to accommodate a 26 slip multi-family docking facility for the benefit of a 15.61 ±acre project to be known as Haldeman Creek Docks in Sections 11 and 14,Township 50 South,Range 25 East, Collier County,Florida(Petition ADA-PL20150001703) (This item is a companion to Item 11B) (Petitioner's request) Continue Item 11B to the October 27,2015 BCC Meeting: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item,all participants are required to be sworn in. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item,all participants are required to be sworn in.Recommendation to approve a Resolution approving a Special Treatment development permit to allow construction of boat dock and dock access improvements on property owned by Standard Pacific of Florida with a zoning designation of RMF-6(3) and a Special Treatment overlay located in Sections 11 and 14,Township 50 South,Range 25 East,Collier County,Florida(This item is a companion to Item 9C). (Staffs request) Move Item 16D15 to Item 11G: Recommendation to approve Resolution 2015- , modifying established procedures relating to emergency repairs of private roads. (Commissioner Henning's request) Continue Item 161(3 to the October 27,2015 BCC Meeting: Recommendation that the Board take no action to amend the Vehicle for Hire Ordinance. (Commissioner Taylor's request) Continue Item 17D to the November 10,2015 BCC Meeting: Recommendation to adopt an Ordinance amending Ordinance 97-82,as amended,which created the Bayshore Beautification Municipal Service Taxing Unit,to expand the district boundary to include County owned right-of- way identified for the purpose of constructing pedestrian streetscape improvements within the right-of-way along Thomasson Drive. (Staffs request) Note: Item 16E7: Withdraw Item 4 from the Administrative Change Order Report,for further staff review and subsequent presentation to the Board. This is a proposed Change Order for the development of the 800 MhZ P25 Radio Communications System. (Staffs request) 10/13/2015 9:10 AM 10/13/2015 17.D. EXECUTIVE SUMMARY Recommendation to adopt an Ordinance amending Ordinance 97 -82, as amended, which created the Bayshore Beautification Municipal Service Taxing Unit, to expand the district boundary to include County owned right -of -way identified for the purpose of constructing pedestrian streetscape improvements within the right -of -way along Thomasson Drive. OBJECTIVE: To expand the Bayshore Beautification Municipal Service Taxing Unit (MSTU) boundary to include a 100 foot by 2688 foot strip of right -of -way along Thomasson Drive. CONSIDERATIONS: On September 22, 2015, Agenda Item No. 16131 was approved authorizing staff to advertise an amendment to the ordinance which created the Bayshore Beautification MSTU District. As background, the Board of County Commissioners adopted Ordinance No. 97 -82 at the December 16, 1997 regular board meeting. The ordinance established the Bayshore Beautification MSTU District (Attachment 1) boundary. The Board accepted a donation of $65,000 through Resolution No. 2012 -81 (Attachment 2) from CDC Land Investments, Incorporated (CDC, Inc), owner of Isles of Collier Preserve during the May 8, 2012 meeting (Item #14B1). CDC, Inc had voluntarily and unilaterally offered the donation to the Bayshore Beautification MSTU for the sole purposes of designing and improving Thomasson Drive/Hamilton Avenue to assist in the beautification and improvement of the roadway. The streetscape improvements are being planned for a large section of Thomasson Drive. The project scope is bound on the west by the intersection of Bay Street and Thomasson Drive and on the east by Normandy Drive. The current MSTU boundary ends approximately at the intersection of Dominion Street and Thomasson Drive. In order to construct the entire street improvements, the MSTU boundary must be expanded for continuity, aesthetics and safety (Attachment 3). In order to expand the Bayshore Beautification MSTU boundary, Exhibit A of the ordinance that created the district must be amended (Attachment 4). The Bayshore Beautification MSTU Advisory Board approved the extension of the district boundary at their December 5, 2012 meeting. They discussed the inclusion of the CDC, Inc contribution as a catalyst, along with community support to complete the Thomasson Drive/Hamilton Avenue streetscape improvements. The MSTU district has been setting aside funds for a number of years in order to complete this project and has budgeted sufficient funds for the streetscape design and construction costs. At this time, the MSTU district desires only to expand the district boundaries to include the right -of -way. At the April 1, 2014 the Bayshore Beautification MSTU Advisory Committee voted unanimously to approve awarding the Thomasson Drive /Hamilton Avenue Streetscape Improvement design contract to RWA Consultants following a Purchasing Department solicitation (RFP #13 -6012) in the amount of $390,148. During the June 10, 2014 Board of County Commissioners approved the contract with RWA Consultants, Inc. (Agenda Item 16131) in the same amount for the design of Thomasson Drive/Hamilton Avenue Streetscape Improvements. RWA is currently in the design process. FISCAL IMPACT: The proposed actions described in this executive summary will have no fiscal impact on the General Fund. The cost associated with advertising and recording the amendment is $399.24 and will be paid from the Bayshore MSTU Fund (163) budget. Similarly, future construction and Packet Page -2355- 10/13/2015 17.D. maintenance costs associated with the planned streetscape improvements will be the responsibility of Bayshore MSTU Fund (163). LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board approval. - JAB GROWTH MANAGEMENT IMPACT: The expansion of the Bayshore Beautification MSTU will further the goals, objectives and policies outlined in the Future Land Use Element Bayshore /Gateway Triangle Redevelopment Overlay. RECOMMENDATION: That the Board of County Commissioners adopt an Ordinance amending Ordinance 97 -82, as amended, which created the Bayshore Beautification Municipal Service Taxing Unit, to expand the district boundary to include County owned right -of -way identified for the purpose of constructing pedestrian streetscape improvements within the right -of -way along Thomasson Drive. Prepared By: Elly Soto McKuen, Project Manager; Bayshore Gateway Community Redevelopment Agency Attachments: (1) Ordinance 97 -82, (2) Resolution 2012 -81, (3) MSTU Boundary Expansion Map, (4) Draft Amended Ordinance. Packet Page -2356- COLLIER COUNTY Board of County Commissioners Item Number: 17.17.D. 10/13/2015 17.D. Item Summary: Recommendation to adopt an Ordinance amending Ordinance 97 -82, as amended, which created the Bayshore Beautification Municipal Service Taxing Unit, to expand the district boundary to include County owned right -of -way identified for the purpose of constructing pedestrian streetscape improvements within the right -of -way along Thomasson Drive. Meeting Date: 10/13/2015 Prepared By Name: McKuenElly Title: Project Manager, CRA, County Redevelopment Agency 9/23/2015 8:45:49 AM Submitted by Title: Project Manager, CRA, County Redevelopment Agency Name: McKuenElly 9/23/2015 8:45:50 AM Approved By Name: JourdanJean Title: CRA Operations Manager, County Redevelopment Agency Date: 9/25/2015 2:37:02 PM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 10/2/2015 1:11:53 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 10/5/2015 3:57:33 PM Name: FinnEd Title: Management/Budget Analyst, Senior, Office of Management & Budget Packet Page -2357- Date: 10/5/2015 4:44:55 PM Name: KlatzkowJeff Title: County Attorney, Date: 10/6/2015 9:38:15 AM 10/13/2015 17.D. Name: OchsLeo Title: County Manager, County Managers Office Date: 10/6/2015 10:26:55 AM Packet Page -2358- �._ 10/13/2015 17.D. I ORDINANCE NO. 97- 82 ' ` RE C( _ CE�;"B AN ORDINANCE CREATING THE BATSHORE AVAI.ON,.' pt Cl BEAUTIFICATION 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 THREE MILS OF AD VALOREM TAXES PBR N M YEAR; PROVIDING FOR THE COLLECTION Or TAXES; N PROVIDING FOR CREATION O!' THE BAYSHORE AVALON^, BEAUTIFICATION ADVISORY COMMTTEE; APPOINTMENTS AND COMPOSITION, PROVIDING FOR TERMS or OFFICE a w f'1'i OF TEL ADVISORY COMMITTEE; PROVIDING FOR " �.. OFFICERS OF THE ADVISORY COMMITTEE; QUORUM; cTC�. RULES OF PROCEDURE; PROVIDING FOR FUNCTIONS,^ -� POWERS AND DUTIES OF THE ADVISORY COMMITTEE; PROVIDING FOR DUTIES OF THE COUNTY ADHnZISTRATOR OR 11I8 DESIGNEE; PROVIDING FOR REVIEW PROCESS OF ADVISORY COMMITTEE, PROVIDING FOR CONFLICT AND SL=AWILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LARS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the County has received inquiries and conducted neighborhood meetings concerning proposals relating to beautification of certain public areas located on, adjacent to, or in proximity to Bayshore Drive; and WHEREAS, the Board of County Commissioners' has determined that the creation of a municipal service taxing unit is the best method for implementing and funding the beautification of certain Public areas located on, adjacent to, or in proximity to Bayshore Drive. 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, Chapter 165 and Chapter 200, Florida Statutes, and . other applicable provisions of law. SECTION TWO. Creation Of the Municipal Service Taxing Unit. There is hereby created and established the Bayshore Avalon Beautification Municipal Service Taxing' Unit, hereinafter Packet Page -2359- -- _ - -- - - - 10/13/2015 17.D. :erred to as "MSTU ". The boundaries of the MSTU are as llows: See attached Exhibit "A" which is incorporated herein reference. CTION Tmum . purpose and Coverniaq Body. The. MSTU is created for the purpose of: 1) providing irbing, watering facilities, plantings and maintenance of the :dian strips of roadways within the MSTU; 2) providing traffic filming improvements, street lighting, and sidewalks within the STU; and 3) beautification and maintenance of other public real within the MSTU as determined by the Advisory Committee. he governing body of the MSTU shall be the Board of County .ommissioners of Collier County, Florida. MCTION FOUR. rundiap and Levy of Taxes. For the purpose of implementing this ordinance, the Board of �ounty Commissioners shall annually, at the time required by ;eneral budgetary law, make an itemized estimate of the amount of money required to carry out the business of the MSTU for the next fiscal year, which shall be from October 1 to and including September 30 following. 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 three mils per year. SECTION FIVE. Tax Assessment a.nd Collection. 'faxes herein provided for shall be assessed and collected 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. Packet Page -2360- M .. m,� 10/13/201517.D. SECTION SIX. Creation of the Bayshore Avaloa Beautification Advisory Committee; Appointment and Composition. A. There is hereby created and established the Bayshore Avalon Beautification Advisory Committee, hereinafter referred to as 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 shall consider appointment of members from different subdivisions or communities within the MSTU. C. Appointment of members to the Committee shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of 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. 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 (4) years. Thereafter, each appointment or reappointment shall be for a term of four (4) years. - 3• Packet Paize -2361- Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired term of office. SECTION EIGET. Officers of the Advisory Cosmiittee; Quorum; Rules of Procedure. A. At its earliest opportunity, the membership of the Committee shall elect a chairman and vice chairman from among the members. Officers 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 meetings, resolutions, fAndings 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. 86 -41, as amended,.or by its successor ordinance. SECTION HIND. luaations, Powers and Duties of the Advisory cou i.ttae.. 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 purposes of 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. - 4- Packet Page -2362- U _ 10/13/2015 17.D In carrying out this responsibility, the Committee shall, no later than April I" of each year, meet with the County Administrator or his designee and outline to the County Administrator or his designee those projects which the Committee wishes to see accomplished during the next fiscal year. Based • upon this information, the County Administrator or his designee shall prepare a proposed budget for the MSTU, in accordance with standard County guidelines regarding the preparation of budgets. This proposed budget shall then be reviewed by the Committee and upon approval by the Committee be transmitted through the County Administrator or his designee to the Board of County Commissioners for adoption in accordance with procedures for the adoption of budgets set forth under general law and the Board of County Commissioners' policy. Should the Committee fail to approve a budget by June 1" of each year, the County Administrator 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 Administrator or his designee in 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 Administrator or his designee. Said work may be performed under contract (in accordance with 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. BECTXON TEN. Duties of the County Administrator or his Designee. be: The duties of the County Administrator or his designee shall - 5- Packet Page -2363- _ �. 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. SECTION ELEVEN. Review Proasss. This advisory Committee shall be reviewed once every four (4) years commencing 2001, in accordance with the procedures contained in Collier County Ordinance No. 86 -41, as amended, or its successor ordinance. SECTION TWELVE. 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 Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, - distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THIRTEEN. 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, aFlorida. The sections of the ordinance may be renumbered or relettered to accomplish such, and the Word "ordinance" may be changed to "section ", "article ", or any other appropriate word. - 6- Packet Page -2364- ❑i r� 0 F 0/13/2015 17.D. SECTION IPOURTEEN. Etfeetive Date. This Ordinance shall be effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 147d6 day of a !mac% , 1997. ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: IMOTHY HANCOCK, Chairman hAwM aRhd MMM Mows= Mwicipa &nice Taiae OAR . 7. ____ Packet Page -2365- This ordinance flied with the Secretory of S! o's Office the o�i i�day of � Z297 and ocknowladgement of that filing received thfsi% day of I, ! EXHIBIT A BAYSHORE DEVELOPMENT AREA LEGAL DESCRIPTION Begin at the Southwest corner of Section 23, Township 50 South, Range 25 East, Collier County, Florida; thence Northerly along the west line of Section 23 and the West line of Section 14 to the centerline of Haldeman Creek; thence Northeasterly along the centerline of Haldeman Creek to the Intersection of the West line of the East quarter of the Southwest quarter of Section 11; thence Northerly along the West line of the East quarter of the Southwest quarter of Section 11 to the North line of Mangrove Avenue; thence Easterly along the North line of Mangrove Avenue to the East line of Pine Street; thence Northerly along the But line of Pine Street to the centerline of a 10' wide alley in Block 4 as shown on the plat of "W.H. Sureney Subdivision" as recorded in Plat Book 1, Page 28, Public Records of Collier County; thence Easterly along said centerline and its Easterly extension to the East line of Lot 39, as shown on the plat of "Naples Groves and Truck Co.'s Little Farms No. 2" as recorded in Plat Book 1, Page 27A, Public Records of Collier County; thence Southerly along said East line to the South fine of Weeks Avenue; thence Easterly along the South line of Weeks Avenue to the West line of Bayshore Drive; thence Northerly along West tine of Bayshore Drive to the southwesterly right-of- way line of U.S. 41; thence southeasterly along the Southwesterly right -of -way line of U.S. 41 to the East line of the West one eighth of the Northwest quarter of Section 13; thence southerly along the East line of the West one eighth of the Northwest quartet of Section I3 to the South lino of the Northwest quarter of Section 13; thence Westerly along the South line of the Northwest quarter of Section 13 to the West line of Section 13; thence Southerly along the West fine of Section 13 and the East line of Section 23 to the South line of Section 23; thence .Westerly along the South line of Section 23 to the Southwest comer of Section 23 and the Point of Beginning. Packet Page -2366- 10/13/2015 17.D. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, gollier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 97 -82 Which was adopted by the Board of County Commissioners on the 16th day of December, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 17th day of December, 1997. DWIGHT E. BROCK .. .•i 'G,'"1�� :• I Clerk of Courts a;iw 1: Ex- officio to BoartF,. f County Commission s.' ^ By: Ellie Hoffman Deputy Clerk Packet Page -2367- 10/13/2015 17.D. 14-r7 -Ate Mp,t4 -" 2� RESOLUTION NO. 2012- 81 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY DECLARING A PUBLIC PURPOSE FOR THE RECEIPT AND ACCEPTANCE OF A $65,000 DONATION TO BE EXPENDED ONLY FOR THE STREETSCAPE DESIGN AND ROADWAY CONSTRUCTION COSTS ALONG HAMILTON AVENUE AND THOMASSON DRIVE FROM BAY STREET TO NORMANDY DRIVE. WHEREAS, the Board of County Commissioners of Collier County finds there is a compelling public purpose for the beautification and improvement of the County's roads along Hamilton Avenue and Thomasson Drive from Hamilton Avenue to Lombardi Drive; WHEREAS, CDC Land Investments, Inc. has voluntarily and unilaterally offered to donate $65,000 to the Bayshore Beautification MSTU for the sole purposes of designing and improving Hamilton Avenue and Thomasson Drive from Bay Street to Normandy Drive; WHEREAS, the Board finds that there is a compelling public purpose for .the Bayshore Beautification MSTU to receive and accept a donation to assist in the beautification and improvement of County Roads in the Bayshore Beautification MSTU; WHEREAS, the Board authorizes the Bayshore Beautification MSTU to accept the monetary donation and to spend the donation in a manner consistent with the stated public purpose; and NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. The Board hereby declares that there is a public purpose to accept a $65,000 monetary donation from CDC Land Investments, Inc. to be used for the sole purposes of streetscape design along Thomasson Drive and Hamilton Avenue from Bay Street to Normandy Drive. Packet Page -2368- n U _ - _.._ - 10/13/2015 17.D. 10 2. CDC agrees to deposit $65,000 with the ore Ba sh Beautification cation MSTU within 30 days of the approval by the Collier County Board of County Commissioners (BCC) of the final design contract for the streetscape improvements along Hamilton Avenue and Thomasson Drive from Bay Street to Normandy Drive. If the final design contract is not approved by the BCC by January 1, 2015, this pledge shall expire. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this V day of l Y , 2012. ' 1 4, -- BOARD OF COUNTY COMMISSIONERS W .SRO f K; LERK COLLIER COUNTY FLORIDA By: tp��f ` n FRED W. COYLE, CHA AN pt� proved as to form egal sufficiency: Steven T. Williams Assistant County Attorney 17 Packet Page -2369- CDC LAND INVESTMENTS, INC. April 10, 2012 Mr. Dave Jackson Executive Director Bayshore Beautification MSTU 4069 Bayshore Drive. Naples, Florida 34112 Dear Mr. Jackson: 10/13/2015 17.D. 2550 GOODLETTE RD. N., #100, NAPLES, FL 34103 • 239.261.4455 Re: Strcetseape Design Pledge — Sabal Bay PUD CDC Land Investments Inc. (CDC) has been working with the Bayshore Beautification MSTU on the st•ectscape design along Thomasson Drive and Hamilton Avenue for several years. CDC supports this important neighborhood improvement, and agrees to deposit $65,000 with the Bayshore Beautification MSTU within 30 days of the approval by the Collier County Board of County Commissioners (BCC) of the final design contract for the streetscape improvements niong Hamilton Avenue and Thomasson Drive from Bay Street to Normandy Drive, The $65,000 is required to be expended only for the strectscape design and construction costs and no other purpose. With the exception of financial obligations which are imposed upon all property owners within the MSTU and/or CRA, the $65,000 payment satisfies all other obligations of CDC in regards to the MSTU and CRA. If the Final design contract is not approved by the BCC by January 1, 2015, this pledge shall expire. Sincerely, Robert D. Corina Vice President CDC Land Investments Inc. Packet Page -2370- 10/13/2015 17.D. ORDINANCE NO. 25 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 97-82, AS AMENDED, WHICH CREATED THE BAYSHORE BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT BY EXPANDING ITS BOUNDARIES, AS DEPICTED ON THE ATTACHED EXHIBIT "A," TO ALLOW FOR RIGHT -OF -WAY IMPROVEMENTS ALONG THOMASSON DRIVE FROM DOMINION DRIVE TO THE INTERSECTION OF THOMASSON LANE AND NORMANDY DRIVE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 16, 1997, the Board of County Commissioners (Board) adopted Ordinance 97 -82, which created the Bayshore Beautification Municipal Service Taxing Unit (MSTU); and WHEREAS, the Board subsequently amended Ordinance No. 97 -82 through its adoption of Ordinance Nos. 98 -15, 98 -29, 2008 -20 and 2013 -68; and WHEREAS, the Bayshore Beautification Advisory Committee has recommended expanding the MSTU boundaries to allow for right -of -way improvements along Thomasson Drive beginning at Dominion Drive and running east to the intersection of Thomasson Lane and Normandy Drive. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that SECTION ONE: AMENDMENT TO SECTION TWO OF ORDINANCE NO 97 -82, AS AMENDED. Section Two of Ordinance No. 97 -82, as amended, is here amended to read as follows: There is hereby created and established the Bayshore Beatification Municipal Service Taxing Unit, hereinafter referred to "MSTU." The boundaries of the MSTU are as follows. See attached Exhibit "A," entitled Bayshore Development Area Expanded Legal Description, which is incorporated herein by reference. [15- CRA- 00339/1205897111 Words underlined are added; Words s4ve1c--� are deleted. t_ 1 Packet Page -2372- 10/13/2015 17.D. 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 the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: 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 Ordinances may be renumbered or relettered 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 become effective upon receipt of notice from the Secretary of state that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney [15- CRA- 00339/1205897/1] 2015. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TIM NANCE, CHAIRMAN Words underlined are added; Words 54uelf4hrouO are deleted. Packet Page -2373- ; 10/13/2015 17.D. Exhibit A Bayshore Development Area Expanded Legal Description Begin at the Southwest corner of Section 23, Township 50 South, Range 25 East, Collier County, Florida; thence Northerly along the west line of Section 23 and the West line of Section 14 to the centerline of Haldeman Creek; thence Northeasterly along the centerline of Haldeman Creek to the Intersection of the West line of the East quarter of the Southwest quarter of Section 11; thence Northerly along the West line of the East quarter of the Southwest quarter of Section 11 to the North line of Mangrove Avenue; thence Easterly along the North line of Mangrove Avenue to the East line of Pine Street; thence Northerly along the East line of Pine Street to the centerline of a 10' wide alley in Block 4 as shown on the plat of "W.H. Surency Subdivision" as recorded in Plat Book 1, Page 28, Public Records of Collier County; thence Easterly along said centerline and its Easterly extension to the East line of Lot 39, as shown on the plat of "Naples Groves and Truck Co's Little Farms No. 2" as recorded in Plat Book 1, Page 27A, Public Records of Collier County; thence Southerly along said East line to the South line of Weeks Avenue; thence Easterly along the South line of Weeks Avenue to the West line of Bayshore Drive; thence Northerly along West line of Bayshore Drive to the southwesterly right -of -way line of U.S. 41; thence southeasterly along the Southwesterly right -of -way line of U.S. 41 to the South line of Haldeman Creek; thence Westerly along the South line of Haldeman Creek to the East line of the West one eighth of the Northwest quarter of Section 13; thence southerly along the East line of the West one eighth of the Northwest quarter of Section 13 to the South line of the Northwest quarter of Section 13; thence Westerly along the South line of the Northwest quarter of Section 13 to the West line of Section 13; thence Southerly along the West line of Section 13 to the southwest corner of Lot 1, Block 7, Avalon Estates, Unit No. 1 according to the plat thereof, recorded in the public records of Collier County Florida, in Plat Book 3 page 62, thence North 89 degrees, 55 seconds East a distance of 2,688 feet to a point 50 feet north of the South 1/4 of Section 13; thence South 00 degrees, 25 seconds East 100 feet to a point 50 feet south of the South 1/4 of Section 13; thence South 89 degrees, 55 seconds West a distance of 2,688 feet to the west line of Section 13; thence southerly to the southwest comer of Section 13• thence continue southerly along the west line of Section 23 to the southwest corner of Section 23 and the POB. [15 -CRA- 00339/1205897111 Words underlined are added; Words stmok thfou are deleted. Packet Page -2374- 10/13/2015 17.D. NEW NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that on Tuesday, October 13 2015 in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida, 34112, the Collier County Board of County Commissioners will consider the enactment of County ordinances. The meeting will commence at 9:00 A.M. The titles of the proposed ordinances are as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SECTION ONE OF ORDINANCE NO. 75-26, AS AMENDED, "MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS," SPECIFICALLY PARAGRAPH 6, "RECONSIDERATION OF MATTERS GENERALLY," AS IT RELATES TO RECONSIDERATION OF CONTRACTS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Any person who .decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you area person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no to the cost erg County rFacilities fManagement Division, located at contact 3335 Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIM NANCE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Cannon, Deputy Clerk (SEAL) September 30, 2015 No. 711969 Packet Page -2375- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 97 -82, AS AMENDED, WHICH CREATED THE BAYSHORE N BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT BY EXPANDING ITS BOUNDARIES, AS DEPICTED ON THE ATTACHED EXHIBIT "A," TO ALLOW FOR RIGHT -OF -WAY- IMPROVEMENTS ALONG THOMASSON DRIVE FROM DOMINION DRIVE TO THE o INTERSECTION OF THOMASSON LANE AND NORMANDY DRIVE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR N -INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND 0 PROVIDING FOR AN EFFECTIVE DATE. L Copies of the proposed Ordinances are on file with the Clerk to W the Board and are available for inspection. All interested parties E are invited to attend and be heard. flNOTE: All persons wishing to speak on any agenda item must W register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be T limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or is _0 (n group encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. c Persons wishing to have written or graphic materials included in the Board agenda packets must submit said :51. Z material a minimum of 3 weeks prior to the respective public hearing. In any case, written material intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of w Z seven days prior to the public hearing. All material used in presentations before the Board will become } a permanent part of the record. Any person who .decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you area person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no to the cost erg County rFacilities fManagement Division, located at contact 3335 Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIM NANCE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Cannon, Deputy Clerk (SEAL) September 30, 2015 No. 711969 Packet Page -2375-