Agenda 04/13/2010 Item #17C
Agenda Item No. 17C
April 13, 2010
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance amending 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 adopt an Ordinance amending Ordinance No. 92-40, as amended, which
created the lmmokalee Beautification Municipal Service Taxing Unit, to expand its purpose to
include "stormwater and drainage."
CONSIDERATIONS:
. On June 9, 2009 (Item 16.B.7), the Collier County Board of County Commissioners
approved the Immokalee Stormwater Master Plan as commissioned by the Big Cypress
Basin of South Florida Water Management District.
On October 8, 2009, the Immokalee MSTU and the Immokalee CRA had a joint
workshop that included a discussion rcgarding expansion of the Immokalee MSTU's
purpose per Ordinance 92-40. The expansion of the purpose of the MSTU was noted as
essential to allow both the Immokalee CRA and Immokalee MSTU to collaborate jointly
with Collier County Stormwater Department. The proposed expansion of the MSTU's
"purpose" to include stonnwater matters was well received by members of the public
attending the workshop. Staff was dircctcd to research the proposal of expansion of the
MSTU's purpose.
. On January 27, 2010, per staffrecommendation, the Immokalee MSTU made a motion to
expand the Immokalee 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.
. On March 9, 2010 Collier County Board of County Commissioners directed staff to
coordinate with the Office of the County Attorney and advertise the attached proposed
amendment to the Immokalee Municipal Service Taxing Unit Ordinance. The attached
proposed Ordinance has been lawfully advertised.
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 lcgally sufficicnt for Board action--SRT.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: To adopt an Ordinance amending Ordinance No. 92-60, as amended,
to expand its purpose to include "stormwater and drainage."
Prepared By: Darryl Richard, Project Manager- MSTUs, Alternative Transportation Modes
Attachment: Proposed Ordinance
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17C
Agenda Item No. 17C
April 13, 2010
Page 2 of 6
Recommendation to adopt an Ordinance amending Ordinance No. 92-40, as amended,
which created the Immokalee Beautification Municipal Service Taxing Unit, to expand its
purpose to include stormwater and drainage.
4/13/20109:00:00 AM
Date
Prepared By
Darryl Richard
Transportation Division
Project Manager
Alternative Transportation Modes
3/29/20104:05:17 PM
Date
Approved By
Darryl Richard
Transportation Division
Project Manager
Alternative Transportation Modes
3/29/20104:05 PM
Date
Approved By
Caroline Soto
Transportation Division
Management/Budget Analyst
Transportation Administration
3/29/20104:24 PM
Date
Approved By
Pamela J. Lulich
Transportation Division
Manager ~ Landscape Operations
Alternative Transportation Modes
3/29/20104:35 PM
Date
Approved By
Michelle Edwards Arnold
Transportation Division
Director - Alt Transportation Modes
Alternative Transportation Modes
3/29/20104:41 PM
Date
Approved By
Norm E. Feder, Alep
Transportation Division
Administrator - Transportation
Transportation Administration
3/30/20108:53 AM
Date
Approved By
Scott R. Teach
County Attorney
Deputy County Attorney
County Attorney
3/30/201010:27 AM
Date
Approved By
Gerald Kurtz
Transportation Division
Project Manager, Principal
Transportation Road Maintenance
3/30/2010 10:38 AM
Date
Approved By
Jeff Klatzkow
County Attorney
3/30/201011:31 AM
Approved By
Usa Taylor
Transportation Division
Management/Budget Analyst
Date
Agenda Item No. He
April 13, 2010
Page 3 of 6
Approved By
Pat Lehnhard
Transportation Division
Transportation Administration
3/30/2010 1 :45 PM
Approved By
OMB Coordinator
County Manager's Office
Executive Secretary
Date
Approved By
Leo E. Ochs, Jr.
County Managers Office
Transportation Administration
3/30/2010 4:44 PM
Date
Office of Management & Budget
4/1/20109:11 AM
County Manager
Date
County Managers Office
4/5/20104:20 PM
Agenda Item No. 17C
April 13, 2010
Page 4 of 6
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 THE CODE OF LAWS AND
ORDINANCES; CONFLICT AND SEVERABILITY; AND
AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners, on June 9, 1992, adopted ColIier
County Ordinance No. 92-40, which created the lmmokalee Beautification Municipal Services
Taxing Unit (the "MSTU"), for the purpose of landscape beautification within the MSTU; and
WHEREAS, the Board of County Commissioners, on July 28, 2009, adopted ColIier
County Ordinance No. 2009-39, amending Ordinance No. 92-40 and expanding the boundaries
of the MSTU; 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 ColIier 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 ColIier County Ordinance No. 92-40, as amended, is hereby
amended to include stormwater and drainage improvements, as follows:
SECTION FIVE. PURPOSE,
The Unit hereby established is for the purpose of doing all things reasonably necessary in
connection with landscape beautification, including providing for pavement, curb~ and sidewalk~
meElifieatieRG, installation of irrigation, storm water and drainage 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 of SR 29 and CR 846
I
Words Underlined are added; Words SIru.k Th<augh are deleted.
Agenda Item No. 17C
April 13, 2010
Page 5 of 6
(South 1st 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 County 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 County, Florida The sections of this Ordinance may be renumbered
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 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: EFFECTIVE DATE
This Ordinance shall take effect upon filing with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _ day of April, 20] O.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
As Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
Approved as to form and legal sufficiency:
C~-':I/:l! ,/) j,~~-(
Scott R. Teach ___________
Deputy County Attorney
2
Words Underlined are added; Words glFllsk T1wBugIl are deleted.
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NOTICE OF INTENTTO'CONSIDER ORDINANCE
Notice 15 hereby given that on Tuesday,'Aprll 13,2010, in the Boardroom, 3rd Floor,
~~W.jn~~~i~i~nFI~ri~~.inSle ~O~~~d ;f~~~n;;O~~~~~~n~~t~'II'~~~~id;~h~a~~:~~
~~n~r~~;se~O~~irl'n~~~~~~~eiOIr:~~eeting will' commence at 9:00 A.M. The title of
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 1992-40, AS
AMENDED, WHICH CREATED THE IMMOKALEE BEAUTIFICATION MUNICIPAL SERV-
ICE TAXING UNIT IN COLLIER COUNTY, FLORIDA; AMENDING SECTION FIVE.. .PU.
RPOSE," TO INCLUDf SIDEWALKS, STORMWATER AND DRAINAGE' IMPROVEMENTS;
PROVIDING fOR INCLUSION IN THE CODE OF 1-A\'VS AND ORDINANCES; CONFLICT
AND SEVERABlll1Y; AND AN EFFECTIVE DATE. .
Copies of the proposed O~dinance are on file with the Clerk to the Board and, are
available for inspection. AlllOterested parties are invited to attend and be h.eard.
~~~ :dl~fni~~:o,wi~~~~~ot~r~:~~~~~n a~r th~e~g:n~t:~e~U~~ t:t:deJr':~~. tro~
dividual speakers will ~ limited to 5 minutes on any item. The selection of an indi-
b~~~~ t~~~~;~~~ a Q:~~~es~e~~no(oarn~a~~~~:ro~r~U:a~~z:~j~OnUr~~~db~f ~~~e~z~g
minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
~~t~i~ts h~a~~g~Urnm~n~al~as~a~~\~:e~ ~~i:n~is f:t;n~~e~o Pb~or(~~Sj~~~edesb~ct;h:
'Board shall be submitted to the appr~priate County staff a minimum of seven da~
C~j~~.,;~ ~~~uab~~n~~~~~f t~~ ~~;dl.al used ,in presentations before the Board WIll
Any person who decides to appeal a decision of the Board will need a record of the
f:~;dd~fg:h~e~r~~~~ai~~:rfstom~d~, t~hf(~or~ec~r~ i~~rU~~~ thn:u;:st~~a~n~ ~,::"ja~~~
dence upon which the appeal is based.
If you are la person with a disability who needs any accommodation In order to par-
tiCipate in this proceeding; you are entitled, at no cost to you, to the provision of
~~n~n I~~~~~dn~~. 3~~fs~a~~~F T~~i1 ~~s~~e~U~I~\~y ~~C~Z~~:s,MF~~~~m3e4n1t1 fer~~)
25.2-8380. Assisted listening devices for the hearing impaired are available in the
County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED COYLE, CHAIRMAN
DWIGHT E. UROCK, CLERK
-By: Martha Vergara, Deputy Clerk
Anril' '010
Nn1R4711R
Agenda Item No. 17C
April 13, 2010
Page 6 of 6