Agenda 09/13/2011 Item #16A25Agenda Changes
Board of County Commissioners Meeting
September 13, 2011
Continue Item 16A3 to the September 27, 2011 BCC Meeting: Recommendation to grant final
approval of the roadway (private) and drainage improvements for the final plat of Caldecott with
roadway and drainage improvements being privately maintained and authorizing release of the
maintenance security (Staff request due to a calculation error in the performance security)
Move Item 16A14 to Item 10J: PMC- PL2011 -872: Heavenly PUD — Notification of staff intent to
approve a minor amendment to the Heavenly PUD in accordance with LDC Section 10.02.13.E.6 and
8 to change location and type of plantings and revise buffer standards to reduce height of trees and
plantings due to site conditions and conflict with FPL lines, and allow payment in lieu of sidewalks
instead of construction of a sidewalk along Myrtle Road from North Trail Boulevard to the project
entrance. property located at 6926 Trail Boulevard, and comprises the entire block bounded by Ridge
Drive, West Street, Myrtle Road and Trail Boulevard in Section 3, Township 49 South, Range 25 East
Collier County, FL (Commissioner Hiller's request)
Move Item 16A16 to Item 1 OK: Recommendation to provide after the fact approval for submittal of a
State of Good Repair (SGR) Bus and Bus Facilities grant application, in the amount $11,335,290, to
the Federal Transit Administration (FTA) for construction of improvements at the Collier Area Transit
Administration and Maintenance Facility at 8300 Radio Road (Commissioner Hiller's request)
Move Item 16A19 to Item 1 OH: Recommendation to accept a Speed Limit Study Report and adopt a
Resolution of the Board of County Commissioners of Collier County, Florida, authorizing a speed
limit decrease from fifty -five miles per hour (55 mph) to fifty miles per hour (50 mph) on Collier
Boulevard from to Golden Gate Boulevard at a cost of approx $500. (Commissioner Fiala's request)
WITHDRAW ITEM 16A25: RECOMMENDATION TO ADVERTISE AN
AMENDMENT TO ORDINANCE NO. 2009-44, RADIO ROAD EAST OF
SANTA BARBARA BOULEVARD TO DAVIS BOULEVARD MUNICIPAL
SERVICE TAXING UNIT (MSTU) ORDINANCE, TO REMOVE A SUNSET
PROVISION OF SIX YEARS AND PROVIDE THE MSTU BE DISSOLVED
UPON RECOMMENDATION BY THE MSTU ADVISORY COMMITTEE AND
APPROVAL BY BOARD OF COUNTY COMMISSIONERS. (STAFF REQUEST
TO COORDINATE WITH FUTURE MSTU REFERENDUM QUESTION)
Move Item 16B2 to 13A: This item was continued from the May 10, 2011 BCC meeting.
Recommendation to approve a Resolution to petition Governor Scott to extend the "Rural Area of
Critical Economic Concern" designation awarded to Florida's Heartland Regional Economic
Development Initiative, Inc. for another 5 -years and to keep the Community of Immokalee within the
South Central Rural Area of Critical Economic Concern designation. (Commissioner Hiller's request)
Withdraw Item 16C12: Recommendation to approve a requisite Memorandum of Agreement with
FDOT and the Florida Department of Financial Services, Division of Treasury, to establish an interest
bearing escrow account for funds required to relocate Collier County Water -Sewer District -owned
underground utility lines to accommodate widening State Road 84 between Santa Barbara Boulevard
and Radio Road. (County Attorney's request)
Move Item 16D5 to Item 10I: Recommendation to waive boarding fees in the amount of $16,400
associated with kenneling two declared dangerous dogs, in exchange for dismissal of a pending
dangerous dog appeal, and in order for the dogs to be reunited with the owners, who currently live out -
of- county. (Commissioner Coletta's request)
Move Item 16D8 to Item IOG: This item was continued from the July 26, 2011 BCC Meeting.
Request the Board of County Commissioners review and approve County Attorney's recommendation
to waive any potential ethics conflict for a Code Enforcement Board member based on Ch. 112,
Florida Statutes. (Commissioner Coyle's request)
Continue Item 16E13 to the September 27, 2011 Meeting: Recommendation to establish standards
and criteria for use of Peer Reviews of designs for major capital projects. (Staff request)
Move Item 16H3 to Item 9H: Authorize the Chairman to sign a letter of concurrency for the Florida
Department of Children and Families for a State of FL Refugee Services Targeted Assistance Grant
Program and utilize funds in the County through Catholic Charities (Commissioner Fiala's request)
Move Item 16K2 to Item 11A: Request authorization to advertise and bring back for future
consideration ordinances which repeal or amend certain Collier County ordinances relating to the
regulation of firearms and ammunition in order to comply with recent amendments to Section 790.33,
Florida Statutes which preempts all such regulatory powers to the State of Florida effective October 1
2011, and that following such future public hearing the Board considers referring two Special Acts
dealing with firearms to the Legislative Delegation, with a request the Legislature review them for
possible repeal. (Commissioner Hiller's request)
Continue Item 16K6 to the October 11, 2011 BCC Meeting: Recommendation that the Board
consider the withdrawal of the designation of the Stewardship Sending Area known as Half Circle L
Ranch Partnership ( "HCLRP ") SSA #8 and the termination of the Stewardship Sending Area Credit
Agreement and the Stewardship Easement Agreement, and the canceling of the Stewardship credits
generated by the designation of said Stewardship Sending Area. (County Attorney's request)
Note:
Item 8C does not require that ex parte disclosure be provided by Commission members as stated in the
agenda title. Also, Items 8B and 8C are companion items; Item 8C will be heard before 8B.
Item 16A20 "Recommendation" portion of the Executive Summary should read: That the Board of
County Commissioners accept the Traffic Speed Limit Study and adopt the Resolution deer - easing
increasing the speed limit on a designated section of Pine Ridge Road, authorize Chairman to execute
the Resolution, and authorize County Manager to erect and remove appropriate traffic control signs.
(Commissioner Fiala's request)
Item 16A21 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.
9/13/2011 Item 16.A.25.
EXECUTIVE SUMMARY
Recommendation to advertise an amendment to Collier County Ordinance No. 2009 -", the Radio
Road East of Santa Barbara Boulevard to Davis Boulevard Municipal Service Taxing Unit (MSTU)
Ordinance, to remove the sunset provision of six years and provide that the MSTU be dissolved
upon recommendation by the MSTU Advisory Committee and approval by the Board of County
Commissioners.
OBJECTS To obtain permission from the Board of County Commissioners to prepare an
amendment to Collier County Ordinance Number' 2009 -44, the Radio Road East of Santa
Barbara Boulevard to Davis Boulevard Municipal Service Taxing Unit (MSTU), to remove the
sunset provision of six years and allow the MSTU to continue on so that sufficient funding can
be put in place for the project construction and maintenance, subject to being later dissolved
upon recommendation by .the MSTU Advisory Committee and the approval by the Board of
County Commissioners.
CONSIDERATIONS; On July 28, 2009, the Board of County Commissioners established the
Radio Road East of Santa Barbara Boulevard to Davis Boulevard Municipal Service Taxing Unit
(MSTU). The Committee has been meeting since October 2010 and in that short time has hired a
landscape architect and developed preliminary plans for the beautification of the roadway. When
the Ordinance establishing the MSTU was created, it contained a six year sunset provision. With
the downturn in property values it will take several years to accrue the funds needed for the
planned landscaping improvements.
On March 29, 2011, the MSTU Advisory Committee held a public meeting for review of
preliminary project plans for landscaping & irrigation on Radio Road between Santa Barbara
Boulevard and Davis Boulevard. There were 41 residents who attended this publicly advertised
meeting representing the various communities within the MSTU boundary. The overwhelming
comments received during the meeting indicated that the community wanted to see the project
done as soon as possible and that the MSTU pursue financing to advance the construction to take
advantage of lower contractor pricing.
On June 14, 2411, the MSTU Advisory Committee Chairman petitioned the Board of County
Commissioners seeking direction for staff assistance in acquiring a loan for the landscape and
irrigation installation project. The Board directed the County Manager or his designee to assist
the MSTU in obtaining the appropriate financing to advance the project. " In order to meet the
MSTU Committee's financial goals, the ordinance creating the MSTU must be amended to allow
sufficient time to acquire financing, complete the `'project construction, provide for ongoing
maintenance, and repay a loan.
The proposed amendment to the Ordinance is attached and authorization is sought, to advertise
the Ordinance so that.it can be brought back to the Board for final consideration and approval.
FISCAL_ ,IMPACT: The fiscal' impact consists of the cost of advertising the proposed amendment to the
Ordinance, which is approximately $260.00
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9/13/2011 Item 16.A.25.
LEGAL CONS DF, WIONS: This item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action and only requires a majority vote for
approval —SRT.
GROWTH MANAGNTIMPACT: There is no growth management impact with this Executive
Summary.
RUCOM M- ENDATION: That the Board of County Commissioners direct the County Manager or
his designee permission to advertise a proposed amendment to Collier County Ordinance
Number 2009 -44, the Radio Road East of Santa Barbara Boulevard to Davis Boulevard
Municipal Service Taxing Unit, to remove the sunset provision of six years and to recommend
that the MSTU be dissolved upon recommendation by the MSTU Advisory Committee and
approval by the Board of County Commissioners:
Prepared By: Darryl Richard, Project Manager, Department of Alternative Transportation Modes
Attachments: (1`) Proposed Amended Ordinance; (2) Minutes from September 7, 2011 Advisory '
Committee meeting (pending)
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9/13/2011 Item 16.A.25.
COLLIER COUNTY
Board of County Commissioners
Item Number: _ 16.A.25:
Item Summary. Recommendation to advertise an amendment to Collier County
Ordinance No. 200944, the Radio Road East of Santa Barbara Boulevard to Davis Boulevard
Municipal Service Taxing Unit (MSTU) Ordinance, to remove the subset provision of six years
and provide that the MSTU be dissolved upon recommendation by the MSTU Advisory
Committee and approval by the Board of County Commissioners,
Meeting Date: 9/13/2011
Prepared By
Approved By
Name: ArrmoldMichelle
Title: Director - Alt Transportation Modes,Alternative Tr
Date: 8/25/2011 8:31:27 AM
Name: Lpl chPamela
Tithe: Manager - Landscape Operations,Alternative Transpo
Date: 8/25/2011 10:57:23 AM
Name: BetancurNatali
Title: Executive 5ecretary,Transportation Engineering & C
Date. 8/26/20112:4 1:01 PM
Name: HerreraGloria
Title: Management/Budget Analyst,Transportation Administr
Date: 8/30/20118:28:31 AM
Naive: TeachScott
Title: Deputy County Attomey,County Attorney
Date: 8/30/2011 1 :30:08 PM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 8/30/2011 1:30:16 PM
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J
9/13/2011 Item 16.A.25.
Name: CasalanguidaNick
Title: Deputy Administrator - GMD,Business Management & Budget Office
Date: 8/31/2411 12:41:45 PM
Name: TeachScott
Title: Deputy County Attomey,County Attorney
Date: 9/31/20111:05:52 P1VI
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/1/2011 3:02:32 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Ses,CMO
Date: 9/6/20119:13:24 AM'
Name: IsacksorA4ark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 9/6/20119:20:49 AiV1
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9/13/2011 Item 16.A.25.
� ORDINANCE NO. 2011-
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE 2009 -44 (THE
RADIO ROAD EAST OF SANTA BARBARA BOULEVARD TO DAVIS BOULEVARD
MUNICIPAL SERVICE TAXING UNIT); AMENDING SECTION THREE, PURPOSE
AND GOVERNING BODY; AMENDING SECTION FOUR, FUNDING AND LEVY OF
TAXES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on July 28, 2009, the Board of County Commissioners enacted Ordinance
No. 2009 -44 creating the "Radio Road, East of Santa Barbara Boulevard to the intersection of
Radio Road and Davis Boulevard MSTU (the "MSTU ")" to fund and implement the installation
of landscaping within that geographic area; and
WHEREAS, the MSTU's Advisory Committee requested that the Board of County
Commissioners amend and revise Sections Three and Four of Collier County Ordinance No.
2009 -44; and
WHEREAS, on September 27, 2011, the Board of County Commissioners as the
governing body of the Radio Road East of Santa Barbara Boulevard to Davis Boulevard
Municipal Service Taxing Unit approved this amendment to Ordinance 2009 -44.
NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE. Section Three, Purpose and Governing Body is hereby amended as
follows:
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 and to
maintain the landscaping and sprinkler irrigations systems installed. This MSTU - sunset
when the is eempleted6 or- i whieh ever- h"pens see shall be dissolved
upon recommendation by the MSTU Advisory Committee and approval by the Board of County
Commissioners, after payment of all outstanding indebtedness when the project is completed
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9/13/2011 Item 16.A.25.
SECTION TWO. Section Four, Funding and Levy of Taxes is hereby amended as follows: .—.
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 carry 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 eitheF
completed and the MSTU is dissolved as provided in Section Three ,
whieh e., eeme^ firsc 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 .5
mils per year.
SECTION THREE. 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 court of competent jurisdiction holds any
phrase or portion of the Ordinance invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR. Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and may be made a part of the Code of
Laws and Ordinances of Collier County, Florida. The section of the Ordinance may be
renumbered or re- lettered to accomplish such, and the word "Ordinance" may be changed to
"Section," "Article," or any other appropriate word.
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9/13/2011 Item 16.A.25.
SECTION FIVE. 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 September, 2011.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK, CLERK
Approved as to form and
Legal sufficiency:
Scott R. Teach
Dcputy County Attorney
FRED W. COYLE, CHAIRMAN
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