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Agenda 03/09/2010 Item #16B 5 Agenda Item No. 1685 March 9. 2010 Page 1 of 10 EXECUTIVE SUMMARY Request for authorization to advertise a proposed amendment to Ordinance No. 92-40, as amended, which created the Immokalee Beautification Municipal Service Taxing Unit, to expand its purpose to include "stormwater and drainage." OBJECTIVE: To obtain Board authorization to advertise a proposed amendment to Ordinance No. 92-40, as amended, which created the lmmokalee Beautification Municipal Service Taxing Unit, in order to expand its purpose to include "stormwater and drainage." CONSIDERATIONS: . On June 9, 2009 (item 16.8.7), the Collier County Board of County Commissioners approved lmmokalee Stormwater Master Plan as commissioned by the Big Cypress Basin of South Florida Water Management District. .- . On October 8, 2009, the lmmokalee MSTU and the lCRA had a joint workshop that included a discussion regarding expansion of thc lmmokalee MSTU's purpose per ordinance 92-40. The expansion of the purpose of the MSTU was noted as essential to allow both the lmmokalee CRA and lmmokalee MSTU to collaborate jointly with Collier County Stonnwater Department. The proposed expansion of the MSTU's "purpose" to include stormwater matters was well received by members of the public attending the workshop. Staff was directed to research the proposal of expansion of the MSTU's purpose. . On January 27, 2010, per staff recommendation, the ImmokaJee MSTU made a motion to expand the lmmokalee MSTU purpose per Ordinance 92-40 (as amended) to include "stormwater and drainage." Copies of the minutes of that meeting are attached in support of this request to bring forward the proposed amendment to Ordinance No. 92- 40. FISCAL IMPACT: There is no immediate fiscal impact with this executive summary. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient for Board action-SRT. GROWTH MANAGEMENT IMPACT: There is no (irowth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners authorize the County Manager or his designee to advertise a proposed amendment to Ordinance No. 92-60, as amended, to expand its purpose to include "stonnwater and drainage." Prepared By: Darryl Richard, Project Manager.. MSTUs, Alternative Transportation Modes ~ Attachments: 1) lmmokalee MSTU minutes 01.27.10 meeting; 2) Draft Ordinance 2010. (proposed modification to ordinance 92.40) _ _'_ ,-'.,=.._w_. _'~~_~" , .'-, ...~ . "''0'=' ,.,_".." ~ Agenda Item No. 1685 March 9, 2010 Page 2 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS -- Item Number: Item Summary: 16B5 Request for authorization to advertise a proposed amendment to Ordinance No. 92-40, as amended, which created the Immokalee Beautification Municipal Service Taxing Unit, 10 expand its purpose to include "stormwater and drainage." Meeling Date: 3/9/2010900:00 AM Prepared By Darryl Richard Project Manager Date Transportation Division Alternative Transportation Modes 2123120108:57:52 AM Approved By Darryl Richard Project Manager Date Transportation Division Alternative Transportation Modes 2123120109:19 AM Approved By Norm E. Feder, AICP Administrator. Transportation Date Transportation Division Transportation Administration 212312010 11 :48 AM Approved By .~~. John Vliet Director - Road Maintenance Date Transportation Division Transportation Road Maintenance 2123120105:02 PM Approved By Scott R. Teach Deputy County Attorney Date County Attorney County Attorney 2124120108:38 AM Approved By Caroline Soto Management/Budget Analyst Date Transportation Division Transportation Administration 2124120108:38 AM Approved By Lisa Taylor ManagementlBudget Analyst Date Transportation Division Transportation Administration 212412010 11 :07 AM Approved By Michelle Edwards Arnold Director wAlt Transportation Modes Date Transportation Division Alternative Transportation Modes 21241201011 :31 AM Approved By Gerald Kurtz Project Manager, Principal Date ~'.-, Transportation Division Transportation Road Maintenance 21241201011 :51 AM Approved By .C".t__/fr<.\ A ____...J_'T'__+-\...,______...+-\1~/l 1\.,f____l_ {\ ""I{\1{\\1f f"'r'l.1<..TC1...,1<..T'T' Af"'r:'1<..Tr\ "'\1rn 'T'n ...1<..TC1n", '"l/'"l1""l/l1/l -..'-.--."-- ,-,.~-<-,~.~_.,,,....- . ~_.~"-_.~,,._- - ~~ Agenda Item No. 1685 March 9, 2010 Page 3 of 10 Pat Lehnhard Executive Secretary Date Transportation Division Transportation Administration 2/24/20103:45 PM Approved By OMS Coordinator Date County Manager's Office Office of Management & Budget 2/25120109:52 AM Approved By Mark Isackson Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 3/1/20101 :55 PM .c:l~.III'.\ A. __._-1_"r__,,-\r~____....L\lC" l.X____L f\ "A1A\11': r"fl.1\,lClr1l.T"T' Ar<r"'T~A\lr.T"\ 'T'Tl A1\,l('1nr'\. ''"If'''',...,'''A Agenda Item No. 1685 March 9, 2010 Page 4 of 10 ORDINANCE NO. 2010- ,--' AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 92-40, AS AMENDED, WHICH CREATED THE IMMOKALEE BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT IN COLLIER COUNTY, FLORIDA; AMENDING SECTION FIVE, "PURPOSE," TO INCLUDE SIDEWALKS, STORMWATER AND DRAINAGE IMPROVEMENTS; PROVIDING FOR INCLUSION IN TIlE CODE OF LAWS AND ORDINANCES; CONFLICT AND SEVERABILITY; AND AN EFFECTIVE DATE. ,--. WHEREAS, the Board of County Commissioners, on June 9, 1992, adopted Collier County Ordinance No. 92-40, which created the Immokalee Beautification Municipal Services Taxing Unit (the "MSTIJ"), for the purpose oflandscape beautification within the MSTIJ; and WHEREAS, the Board of County Commissioners, on July 28, 2009, adopted Collier County Ordinance No. 2009-39, amending Ordinance No. 92-40 and expanding the boundaries of the MSTIJ; and WHEREAS, on January 27, 2010, the MSTU Advisory Committee moved to include sidewalks, stormwater, and drainage improvements in Section Five, "Purpose," of Ordinance No. 92-40, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that that Collier County Ordinance No. 92-40, as amended, is hereby further amended to read as follows: SECTION ONE: AMENDMENT TO SECTION FIVE, PURPOSE. Section Five, "Purpose," of Collier County Ordinance No. 92-40, as amended, is hereby amended to include stormwater and drainage improvements, as follows: ,S.ECTION FIVE. rURPOSt:. --'~.- The Unit hereby established is for the purpose of doing all things reasonably necessary in connection with landscape beautification, including providing for pavement, curbs and sidewalks moameatioos, installation of irrigation. stormwater and draina~ facilities and related amenities, and associated landscaping improvements and maintenance thereof, as permitted by the responsible governmental agency for that portion of the road rights-of-way ofSR 29 and CR 846 I Words Underlined are added; Words are deleted. _ ____._ "__....~O^.~,_.,,_~.~_.__, -_.~_._,~._----+-.__.,-_._.__...- -~_.,~--_...--- Agenda Ilem No. 1685 March 9, 2010 Page 5 of 10 (South I st Street) which pass through the commerciallbusiness areas in Immokalee, and certain other public areas as may be recommended by the Advisory Committee and/or determined by the Board of COlUlty Commissioners. SECTION TWO: INCUSION 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 COlUlty, Florida. The sections of this Ordimmce may be renwnbered or re-Iettered to accomplish such, and the word "ordinance" may be changes to "section," "article," or any other appropriate word. SECTION THREE: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other ordinance of Collier COlUlty 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 IUlconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the . . . remammg portIOn. SECTION FOUR: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of COlUlty Commissioners of Collier COlUlty, Florida, this day of , 2010. ATTEST: DvnGHTE.BROCK,CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: FRED W. COYLE, CHAIRMAN As Deputy Clerk Approved as to form and legal sufficj>;ncYi' . / ) Scott R. Teach // Deputy COlUlty Attorney 2 Words Underlined are added; Words Agenda Item No. 1685 March 9, 2010 Page 6 of 10 ,-'- :/11 ,a ~~",'~";;'J"-:". , -"'. :...$,.,.. ":-~':: ~~, ~'E -:~~~"""'''4",\'...,. i!",.........:~".. . F.,K~,,~~ ~ &'tf~~", . ,,' ;,.' "f/I' '" '-.," " or I . "'~~~'" 'f- ~P"j,",:".".\ }; <I ,'i. . . , ".. ~ J\ ", '~ri (;'" i) _,1""",,;;,", IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE ,- ~ ~- January 27, 2010 Minutes I. The meeting was called to order by Cherryle Thomas at 4:30 p.m. A quorum was established. II. Attendance Members: William Deyo, Cherryle Thomas, Lucy Ortiz (Absent), Andrea Halman, Carrie Williams (Excused) County: Darryl Richard-Project Manger, Tessie Sillery-Operations Coordinator, Caroline Soto-Budget Analyst, Weldon Walker-Code Enforcement Others: Richard Tindell-JRL, Bradley Muckel-Immokalee CRA, Penny Phillippi- Immokalee CRA, Fred Thomas-Immokalee CRA, Darlene Lafferty-Kelly Services Darryl Richard announced Kelly Services took over the Secretarial Services Contract. .- III. Approval of Agenda Add: X A Colorado Avenue Sidewalk X B. Update Immokalee Storm Water Master Plan Andrea Halman moved to approve the agenda as amended. Second by William Deyo. Motion carried unanimously 3-0. IV. Approval of Minutes: October 28, 2009 Attendance Corrections: Richard Tindell-JRL was present John Ribes-JRL was not present Cherryle Thomas moved to approve the October 28, 2009 minutes as submitted. Second by William Deyo. Motion carried unanimously 3-0. V. Transportation Services Report A. Budget - Caroline Soto reviewed the following Budget items: (See attachments) o Available Improvements General $706,900.00 o P.O. paid to date $50,508.26 o Carry Forward Analysis -. B. Project Manager Report - Darryl Richard Caroline Soto reviewed Fund 111 MSTD General Fund Report. (See attached) 1 " ..-----"'.- ._-" . - ._,..._~=_... ....,._.......-_.~., - ,- - .~ ._"'~- ""'--" Darryl Richard reported on the Project Status report: (IMM-17) EdQerrin James SiAn . JRL provided sketches for the Edgerrin James Sign (See attached) . Conveyed questions by Traffic Operations The Public Purpose of the sign Has a Public review process been conducted Agenda Item No. 1685 March 9, 2010 Page 7 of 10 Cherryle Thomas stated the request to recognize Edgerrin James was made by an individual (in the audience) at a public meeting. Penny Phillippi reported: o The sign was addressed at a Public meeting and it was concluded the sign is important to the Community o The CRA perceives the sign concept should encompass: A Free standing sign List Business in the Community Install Signs at each entryway Indicate Home of Seminole Casino After discussions it was agreed to hold a contest for the Sign Design at Immokalee High School. (IMM-16) Miles ahead Siqo. . Sign Project was reviewed (See attached) . Coordination with Engineering to meet FOOT guidelines for Sign installation . Signs cannot be installed on State Roads by Traffic Operations . 4-6 Signs were requested . The State will be contacted for Sign installation on State Route 29 and State Route 82 Directional Sign requests were made by Fred Thomas: . Signs should indicate mileage to Immokalee . Left directional sign at Camp Keais Road . Left directional sign exiting Corkscrew Sanctuary Cherryle Thomas conveyed Public request to remove the white barriers on Main Street. Darryl Richard suggested including crosswalk corrections to JRL Scope of Services. Discussions ensued and it was agreed by the Committee the Pedestrian crossings are a safety issue. Darryl Richard reviewed JRL Proposal(s) RFP # 08-5060 for Landscaping and Plantings: (See attached) o First Street - $6,514.00 o Hwy 29 - $5,450.00 o Suggested JRL submit a proposal to address crosswalks - Noted upgrading the sidewalks (by FOOT) is not planned 2 Agenda Item No. 1685 March 9, 2010 Cherryle Thomas requested in-ground lighting at Pedestrian crossings:'age 8 of 10 -,_. William Deyo moved for Staff to (provide) a separate proposal (to address crosswalks.) Second by Andrea Halman. Motion carried unanimously 3-0. Discussions took place concerning the type of Plantings that will be installed. Richard Tindell confirmed the Plantings installed will be environmentally suited for the area. William Deyo moved to approve Proposal(s) by JRL (for Landscape Design First St: from Main Street to Carver Street) in the amount of $6,514.00 and $5,450.00 (Planting Refurbishment for Main Street-Hwy 29: 1st Street - 9th Street.) Second by Andrea Halman. Motion carried unanimously 3-0. (IMM-11) Roadway Maintenance: BID $06-4008 o Executive Summary will go for BCC approval February 9th o 638 vendor notices were distributed o (2) Bids are applicable o ClM Bid $117,001.58 o Hannula landscaping Bid $204,531.09 .-., The Committee questioned the variance in monies on the Vendor Bid. Staff responded the ClM Bid is significantly lower due to competitive bidding. Additionally assurance was given (by Staff) that the quality of service is equivalent (between the two Vendors.) The Committee questioned the level of Service by ClM due to the delayed installation of seasonal Banners. Staff and JRl will review the Contract with the Vendor to ensure compliance. The Committee expressed frustration with delayed repairs on missing Banner arms and Poles. Staff replied repairs were hindered by slow production (by the Manufacturer.) Richard Tindell will contact vendors who have produced similar lighting. William Deyo moved to grant the Contract (Bid #09-5264) to Florida Land Maintenance (d/b/a Commercial Land Maintenance) in the amount of $117,001.58. Second by Cherryle Thomas. Cherryle Thomas added the stipulation for Staff and JRL monitor CLM closely to guarantee Contract and deadline compliance. Motion carried unanimously. 2-1. Andrea Halman voted no. VI. Transportation Maintenance Report-ClM-None - VII. landscape Architect Report-JRl Richard Tindell reviewed reports #15 & 16: (See attached) 3 0_.'''._ Agenda Item No. 1685 March 9, 2010 Page 9 of 10 Report #15 o Photo #3 - Hanging Power Transformer is a safety issue o Photo #4 - Suggested upgrading the chain link fence at the Cemetery Discussions ensued on the Cemetery and it was perceived as a Historical site. It was determined Parks and Recreation is responsible for Cemetery Maintenance. The Committee was in agreement to mow the area, install a new fence, and prompt Parks and Recreation to assume Cemetery Maintenance. Darryl Richard suggested JRL add Fence options into their Scope of Service. William Deyo moved to request JRL include fence options (for the Cemetery) into the Proposal. Second by Andrea Halman. Motion carried unanimously 3-0. o Photo #5 - Unhealthy Crown of Thorn - Auto damage o Photo #7 - Line of sight issue (difficult to see oncoming traffic) - Fading crosswalk lines are safety issue o Photo #8 - Overhead wires collide with Trees - Missing Banner arms Penny Phillippi announced the Bird of Paradise replaced Cornucopia as the Immokalee trademark. It was agreed the CRA and Immokalee MSTU will share cost for new Bird of Paradise Banners (estimate $3,000.00 per Committee.) Report #16 o Exposed Crown of Thorn suffered from cold weather (both roadways) - Fungicide will be applied to prevent decay and plant loss o (1) large Flowering Tree (North end of Hwy 29) may not survive o Photos #1- 3 - Damaged Crown of Thorn, Plumbago, and Bougainvillea (1st Street) . (2) Dead Foxtail Palms require removal (Main Street) . Photo #5 - Recommended cover water pipes during cold weather . Photo #6 - Tree is cracked (at Triangle) . Photo #7 - Crown of Thorn require replacements . Photo #8 - Plumbago should recover from surface burn Recommend to postpone feeding Plumbago after March 15th VIII. Code Enforcement Report - Weldon Walker-None IX. Old Business - None 4 Agenda Item No. 1685 March 9. 2010 Page 10 of 10 X. New Business A. Colorado Avenue Sidewalk Darryl Richard reviewed 60% plans for installation of a new sidewalk on Colorado Avenue (9th Street to 1st Street) by Traffic Operations. (See attached) Penny Phillippi noted a Storm Water Retention pond will be installed in the same area as the sidewalk installation. After discussion it was concluded coordination with TECM is needed on installation for sidewalks and Retention Pond. --~. Penny Phillippi expressed uncertainty on MSTU Ordinance interpretation. She perceived the objective of the Ordinance modification was to expand Boundaries and Responsibilities. Darryl Richard clarified the Boundary Expansion did not encompass expanding the MSTU "purpose. " Andrea Halman moved to request (from the BCC) expanding the MSTU "Purpose" to include Storm Water, Drainage, and Sidewalks. Second by William Deyo. Motion carried unanimously 3-0. B. Update Immokalee Storm Water Master Plan XI. Public Comment - None ....- There being no further business to come before the Committee, the meeting was adjourned at 6:21 PM. Immokalee Beautification MSTU Advisory Committee Cherryle Thomas, Chairman These minutes approved by the Committee on as presented or amended ,",,- The next meeting is February 24, 2010 at 4:30 p.m. One Stop Career Center 750 South 5th Street Immokalee, FL 34142 5 -- ,_.._,~-,-,- ....,,-.. -.-."..-----