Agenda 06/11/2013 Item #17B6/11/2013 17.B.
EXECUTIVE SUMMARY
Recommendation to approve an amendment to Collier County Ordinance No. 96 -84, as amended
(The Radio Road Beautification Municipal Service Taxing Unit), to incorporate provisions to
facilitate improvements to the Rich King Memorial Greenway within the MSTU boundaries.
OBJECTIVE: To approve an amendment to Ordinance Number Ordinance No. 96 -84, as amended, the
Radio Road Beautification Municipal Service Taxing Unit (hereafter the "MSTU ") to incorporate
provisions to facilitate improvements to the entrance to the Rich King Memorial Greenway within the
MSTU boundaries.
CONSIDERATIONS: The Board of County Commissioners created the Radio Road Beautification
MSTU on December 17, 1996, to allow for beautification of Radio Road between Airport Pulling Road
and Santa Barbara Boulevard. The original MSTU creating Ordinance No. 96 -84 was amended on
November 19, 2002 per Ordinance 2002 -59 which further expanded the MSTU's purpose to include any
roadway within the MSTU boundary. At this time most of the improvements envisioned by the advisory
committee have been completed with the exception of additional improvements to Devonshire Boulevard
commercial side.
The entrance to the Rich King Memorial Greenway was identified by the Advisory Committee as one
area that should be improved with plantings and irrigation so that people who use this Greenway would
have enhanced experience while using this pathway. However, because the pathway is not considered a
"roadway ", the MSTU ordinance must be amended to incorporate provisions to facilitate this
improvement. The Radio Road MSTU Advisory Committee formally approved moving forward with
modification of the MSTU Ordinance No. 96 -84 (as amended) on March 4, 2013.
On May 14, 2013, the Board authorized staff to advertise a proposed amendment to the Ordinance. The
Ordinance amendment has been advertised and staff is at this time recommending approval of the
amendment in order to move forward with the proposed improvements to the entrance to the Rich King
Memorial Greenway per the recommendation of the Radio Road Beautification MSTU Advisory
Committee.
FISCAL IMPACT: The fiscal impact consists of the cost for recording the Ordinance amendment,
which is approximately $27. Upon approval of amendment to Ordinance No. 96 -84, as amended, all cost
associated with the improvements to the entrance of the Rich King Memorial Greenway will be borne by
the Radio Road Beautification MSTU.
LEGAL CONSIDERATIONS: This item has been reviewed as to form and legality and requires a
majority vote for approval. - ERP
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve an amendment to Collier
County Ordinance No. 96 -84, as amended, to incorporate provisions to facilitate proposed improvements
to the entrance to the Rich King Memorial Greenway within the MSTU boundaries. A copy of the
proposed Amended Ordinance is attached for the Board's review.
Prepared by: Darryl Richard, Project Manager, Department of Alternative Transportation Modes
Attachments: (1) Proposed Amended Ordinance
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.B.
6/11/2013 17.B.
Item Summary: Recommendation to approve an amendment to Collier County Ordinance
No. 96 -84, as amended (The Radio Road Beautification Municipal Service Taxing Unit), to
incorporate provisions to facilitate improvements to the Rich King Memorial Greenway within
the MSTU boundaries.
Meeting Date: 6/11/2013
Prepared By
Name: RichardDarryl
Title: Project Manager,Alternative Transportation Modes
5/16/2013 6:42:03 PM
Submitted by
Title: Project Manager,Altemative Transportation Modes
Name: RichardDarryl
5/16/2013 6:42:05 PM
Approved By
Name: ScottTrinity
Date: 5/17/2013 1:24:03 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 5/22/2013 10:28:40 AM
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
Date: 5/23/2013 9:19:19 AM
Name: TeachScott
Title: Deputy County Attomey,County Attorney
Date: 5/24/2013 4:17:29 PM
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Name: CarnellSteve
Title: Director - Purchasing /General Services,Purchasing
Date: 5/28/2013 11:27:46 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 5/30/2013 8:37:41 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 5/31/2013 2:21:04 PM
Name: OchsLeo
Title: County Manager
Date: 5/31/2013 3:12:20 PM
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6/11/2013 17.B.
101W
6/11/2013 17. B.
ORDINANCE NO. 2013-
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO.
96 -84, AS AMENDED BY ORDINANCE NO. 02 -59, WHICH CREATED
THE RADIO ROAD BEAUTIFICATION MUNICIPAL SERVICE
TAXING UNIT; PROVIDING FOR AMENDMENT TO SECTION THREE
TO EXPAND THE PURPOSE TO INCLUDE THE COST FOR CURBING,
WATERING FACILITIES, PLANTINGS AND MAINTENANCE OF THE
NORTH ENTRANCE OF THE RICH KING MEMORIAL GREENWAY,
WHICH IS LOCATED ALONG RADIO ROAD WITHIN THE
BOUNDARIES OF THE UNIT; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT
AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on December 17, 1996, the Board of County Commissioners adopted
Ordinance No. 96 -84 which created the Radio Road Beautification Municipal Service Taxing
Unit ( "MSTU "); and
WHEREAS, on November 19, 2002, the Board of County Commissioners voted to
include the cost of maintenance of the medians of all adjoining public roads within the
boundaries of the MSTU; and
WHEREAS, on January 28, 2011 the Rich King Memorial Greenway was formally
opened to the public providing a 12 -foot wide asphalt path within the Florida Power and Light
easement corridor for walkers; joggers, cyclists and in -line skaters; and
WHEREAS, on March 19, 2012, the Radio Road Beautification MSTU voted
unanimously to put aside MSTU funds for the beautification to the entrance of the Rich King
Memorial Greenway; and
WHEREAS, the Board of County Commissioners desires to amend the ordinance to
allow for MSTU funds to be used to provide curbing, watering facilities, plantings and
maintenance to the entrance of the Rich King Memorial Greenway, which is entirely located
within an FPL easement and not within the medians or right -of -way of Radio Road, but is within
the boundaries of the MSTU.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AMENDMENT TO SECTION THREE OF ORDINANCE NO. 1996 -84,
AS AMENDED BY ORDINANCE NO. 02-59,
Section Three is amended to read as follows:
0
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6/11/2013 17.B.
SECTION THREE: PURPOSE AND GOVERNING BODY.
The MSTU is created for the purpose of providing curbing, watering facilities, plantings
and maintenance of the median areas for that portion of Radio Road lying between Airport-
Pulling Road (County Road 31) and Santa Barbara Boulevard and for any adjoining public road
within the MSTU boundaries —, and for the purpose of�roviding for hardscape watering
facilities. plantings and maintenance to the entrance to the Rich King Memorial Greenwav, as
depicted in Exhibit "A," attached hereto. lving within the MSTU boundaries which is open to
the public and utilized for recreational purposes The governing body of the MSTU shall be the
Board of County Commissioners of Collier County, Florida.
SECTION TWO: 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 Ordinance may be renumbered or
re- lettered to accomplish such, and the word "ordinance" may be changed to "section," or any
other appropriate word.
SECTION THREE: CONFLICT AND SEVER.ABILITY.
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
as separate, distinct, and independent provision and such holding shall not affect the validity of
the remaining portion.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall take effect upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
wa
Depute Clerk Georgia A. Hiller, Esq., Chairwoman
Approved as to form and
legal sufficiency:
roily R. P in, Assists t County Attorney
KA
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9 NOUODS
INI� t/ L HinOS— Hi?]ON
6/11/2013 17.B.
24D *,Wednesday, May 22, 2013 N NAPLES DAILY NEWS
NOTICE OF INTENT TO CONSIDER ORDINANCE ;
Notice is hereby given. that on June 11, 2013 in the 'Boardroom, 3rd Floor,
:Administration Building, Collier County Government Center; 3299 East Tamiami
Trail, Naples, Florida, the Board of County Commissioners will consider the enact -'
ment of County Ordinance. The meeting will commence at 9:00 A.M. The title for
the proposed Ordinance is as follows:
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO.96 -84, AS
AMENDED BY ORDINANCE NO. 02 -59, WHICH CREATED THE RADIO ROAD
BEAUTIFICATION MUNICIPAL. SERVICE TAXING UNIT; PROVIDING FOR
AMENDMENT TO SECTION THREE TO EXPAND -THE PURPOSE TO INCLUDE THE
COST FOR CURBING, WATERING FACILITIES, PLANTINGS AND MAINTENANCE OF
THE NORTH ENTRANCE. OF THE RICH KING MEMORIAL GREENWAY, WHICH IS
.LOCATED ALONG RADIO ROAD WITHIN THE : BOUNDARIES OF THE UNIT;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING
FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
A copy of the proposed Ordinance is on file with the Clerk to the Board and -are
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the
County administrator prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of an
individual to speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any case, written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of 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
proceedin s.pertaming thereto and therefore, may need to ensure that a verbatim
record : o? the Proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation 'in order to
participate in this proceeding, you are entitled, at no cost to you to the provision
of certain. assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356,
(239) 252 -8380, at least two days prior to the meeting. Assisted listenin devices for
the hearing impaired are available in the Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ., CHAIRWOMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
May 22. 7013 No 199 m49
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