Agenda 12/10/2013 Item #17G 12/10/2013 17.G.
EXECUTIVE SUMMARY
Recommendation to adopt an ordinance amending Ordinance No.97-82,as amended,which
created the Bayshore Beautification Municipal Service Taxing Unit, so as to allow for
additional right-of-way improvements.
OBJECTIVE: To adopt an ordinance amending Ordinance No. 97-82, as amended, which
created the Bayshore Beautification Municipal Service Taxing Unit, so as to allow for additional
right-of-way improvements.
CONSIDERATIONS: On December 16, 1997, the Board adopted Ordinance No. 97-82, which
created what is now known as the Bayshore Beautification Municipal Services Taxing Unit
(MSTU). Section Three of Ordinance No. 97-82, as subsequently amended, outlines the purpose
for which the MSTU was created.
At its October 2, 2013 meeting, the Bayshore Beautification MSTU Advisory Committee
recommended revisions to Section Three to allow for additional improvements to the
rights-of-way within the MSTU. The proposed revisions are as follows:
SECTION THREE. Purpose and Governing Body.
The MSTU is created for the purpose of:
1) Providing curbing, watering facilities, plantings and maintenance of the
median strips rights-of-way of roadways within the MSTU; and
providing traffic calming improvements, street and pedestrian lighting,and
sidewalks, driveways and drainage improvements where a health/safety/welfare
issue exists or are associated with a beautification project within the MSTU; and
identifying the Bayshore community to include directional and way-finding
signs, street furniture and associated amenities (benches, trash cans, bicycle racks,
informational kiosks, etc.) within the MSTU; and
4� pedestrian and bicycle mobility improvements (multi-modal pathways,
boardwalks, scenic pathways, nature walks, enhanced bicycle lanes, enhanced
crosswalks and pedestrian bridges associated with such projects; and
51 beautification and maintenance of all other public areas within the MSTU
as determined by The Bayshore Beautification MSTU Master Plan and by the
Advisory Committee. The governing body of the MSTU shall be the Board of
County Commissioners of Collier County, Florida.
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12/10/2013 17.G.
(Words underlined are added;Words sfipaeli-direugh are deleted)
At its November 12, 2013 regular meeting (Item 16-B-1), the Board authorized staff to advertise
the proposed Ordinance for future consideration.
FISCAL IMPACT: The estimated cost to advertise the proposed ordinance is $300.00.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: The County Attorney has reviewed this item and approved it as
to form and legality. Majority support is required for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners adopt and ordinance
amending Ordinance No. 97-82, as amended.
Prepared by: Ashley Caserta, Project Manager
Bayshore Gateway Triangle CRA/Bayshore Beautification MSTU
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12/10/2013 17.G.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.G.
Item Summary: Recommendation to adopt an ordinance amending Ordinance No. 97-82,
as amended, which created the Bayshore Beautification Municipal Service Taxing Unit, so as to
allow for additional right-of-way improvements.
Meeting Date: 12/10/2013
Prepared By
Name: CasertaAshley
Title: Grants Coordinator,
11/19/2013 2:46:33 PM
Submitted by
Title: Grants Coordinator,
Name: CasertaAshley
11/19/2013 2:46:35 PM
Approved By
Name:jourdanj
Title: Project Manager,
Date: 11/26/2013 1:55:35 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 11/26/2013 2:30:02 PM
Name: FinnEd
Title: Senior Budget Analyst,OMB
Date: 11/26/2013 4:21:07 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 11/27/2013 8:43:01 AM
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12/10/2013 17.G.
Name: OchsLeo
Title: County Manager
Date: 11/30/2013 11:50:48 AM
Aratiik
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12/10/2013 17.G.
ORDINANCE NO. 2013 -
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
AMENDING SECTION THREE, ENTITLED "PURPOSE AND
GOVERNING BODY," TO ALLOW FOR ADDITIONAL RIGHT-OF-
WAY IMPROVEMENTS; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION INTO 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, and 2008-20; and
WHEREAS, the Bayshore Beautification Municipal Service Taxing Unit Advisory
Committee has recommended amendments to Section Three in order to allow for additional
right-of-way improvements within the MSTU; and
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
SECTION ONE: AMENDMENT TO SECTION THREE OF ORDINANCE NO,97-82,
AS AMENDED.
Section Three of Ordinance No. 97-82, as amended, is hereby amended as follows:
SECTION THREE. Purpose and Governing Body.
The MSTU is created for the purpose of:
1) providing curbing, watering facilities, plantings and maintenance of the median—strips
rights-of-way of roadways within the MSTU; and
2) providing traffic calming improvements, street and pedestrian lighting, and sidewalks,
Words Underlined are added;Words Ste", are deleted.
Par 1 of 2
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12/10/2013 17.G.
driveways and drainage improvements where a health/safety/welfare issue exists or are
associated with a beautification project within the MSTU; and
identifying the Bayshore community to include directional and way-finding signs,
street furniture and associated amenities (benches, trash cans, bicycle racks, informational
kiosks, etc.) within the MSTU; and
4� pedestrian and bicycle mobility improvements (multi-modal pathways, boardwalks,
scenic pathways, nature walks, enhanced bicycle lanes, enhanced crosswalks and pedestrian
bridges associated with such projects; and
SI beautification and maintenance of all other public areas within the MSTU as
determined by The Bayshore Beautification MSTU Master Plan and by the Advisory
Committee. The governing body of the MSTU shall be the Board of County Commissioners
of Collier County, Florida.
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 be come 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 be effective upon filing with the Department of State.
Words Underlined are added;Words Struck Through are deleted.
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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
By: By:
,Deputy Clerk GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
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Approved s t o' 4rm an ,eegelity:
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4
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Jeffrey A. K 1 tzkow
County Atto iy
Words Underlined are added;Words Hugh are deleted.
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Amok
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24D Wednesday, November.27, 2013 H NAPLES DAILY NEWS
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NOTICE OF MEETING NOTICE OF MEETING
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NOTICE OF INTENT TO CONSIDER AN QRDINANCE
Notice is hereby given that on Tuesday, December 10,2013, 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
enactment of County Ordinance. The meeting will commence at 9:00 A.M. The
title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COWER
COUNTY, FLORIDA, AMENDING ORDINANCE NO. 97-82, AS AMENDED, WHICH
CREATED THE BAYSHORE BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT,BY
AMENDING SECTION THREE, ENTITLED "PURPOSE AND GOVERNING BODY," TO
ALLOW FOR ADDITIONAL RIGHT-OF-WAY IMPROVEMENTS; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF
LAWS AND ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE.
A copy of the proposed Ordinance is on file with the Clerk to the Board and is
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.
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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
proceedings pertaining thereto and therefore, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
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If you are a person with a disability who needs any accommodation in order to
participate inithis 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, 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 -
GEORGIA A.HILLER,ESQ.,CHAIRWOMAN
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DWIGHT E.BROCK,CLERK •
By: Martha Vergara,Deputy Clerk •
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November27.2013 No 2008216
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