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Agenda 01/22/2019 Item #6A01/22/2019 COLLIER COUNTY Board of County Commissioners Item Number: 6.A Item Summary: Public Petition request from Ms. Marlene Sherman requesting that the Board of County Commissioners repeal Ordinance 2013-43 which expanded the purpose of the Radio Road Beautification MSTU to include the north entrance of the Rich King Memorial Greenway. Meeting Date: 01/22/2019 Prepared by: Title: Executive Secretary to County Manager – County Manager's Office Name: MaryJo Brock 12/28/2018 10:04 AM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 12/28/2018 10:04 AM Approved By: Review: Communication and Customer Relations Mike Sheffield Additional Reviewer Completed 01/10/2019 10:50 AM County Manager's Office Nick Casalanguida County Manager Review Completed 01/13/2019 6:27 PM Board of County Commissioners MaryJo Brock Meeting Pending 01/22/2019 9:00 AM 6.A Packet Pg. 24 r,L, N Office of the County Manager Leo E. Ochs, Jr. 3299 Tamiami Trail East, Suite 202 . Naples Flodda 34112-5746 . (239\252-8383 ' FAi(: (239) 2524010 December 28, 201 8 Re Public Petition request from Ms. Marlene Sherman requesting that the Board ofCounty Commissioners repeal Ordinance 2013-43 which expanded the purpose ofthe Radio Road Beautification MSTU to include the north entrance of the Rich King Memorial Greenway. Dear Ms. Sherman Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of January 22,2019 regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to one speaker for no more than ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, if deemed warranted by the Board, the action that you are requesting may be placed on a future agenda for further review and consideration. Therefore, your petition should be to advise the Board ofyour concern and your request for action at a future meeting. Please be prepared to respond to inquiries by Board members. The meeting will begin at 9:00 a.m. in the Board of County Commission Chambers, Collier County Government Center, 3'd Floor, W. Harmon Turner Building (Building "F"),3299 Tamiami Trail East, Naples, FL 34112. Ifyou require any further information or assistance, please do not hesitate to contact me at 239-252-8569. SincereF. ,/4k Mike Sheffield €< Director, Communication and Customer Relations Division MJS:mj b cc Jeff Klatzkow, County Attomey Steve Camell, Public Services Department Head Michelle Arnold, Public Transportation Division Director Ms. Marlene Sherman 422 Countryside Drive Naples FL 34104 6.A.1 Packet Pg. 25 Attachment: Public Petition - Marlene Sherman - Jan 22, 2019 (7677 : Public Petition Ms. Sherman) FILED #43 LINTY. FLORIDA ORDINANCE NO. 2013- 4 3 20 13 JUN 21e AM I IQ RDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. CLERK OF COUR84, AS AMENDED BY ORDINANCE NO. 02-59, WHICH CREATED THE RADIO ROAD BEAUTIFICATION MUNICIPAL SERVICE BY. 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 adoptedr Ordinance No. 96-84 which created the Radio Road Beautification Municipal Sre1ice 'axing Unit("MSTU"); and WHEREAS, on November 19, 2002, the Board of County Commissioners vested To include the cost of maintenance of the medians of all adjoining public row. `within t, i boundaries of the MSTU; and 1 WHEREAS, on January 28, 2011 the Rich King Memorial Greenways 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: 1 6.A.2 Packet Pg. 26 Attachment: Ordinance 2013-43 (7677 : Public Petition Ms. Sherman) 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 providing for hardscape, watering facilities, plantings and maintenance to the entrance to the Rich King Memorial Greenwav, as depicted in Exhibit "A," attached hereto, lying 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 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 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 ADOPT1 D by the Board of County Commissioners of Collier County, Florida, this.I +4 day of J U n ei 2013. ATTEST.` a• BOA' 1 OUN 'Y COMMISSIONERS DWI Ft3 E„,BRCICIC4 CL RI( COLL ' T , FLORIDA 4,s By t,; = ie , 'Clerk 17 filler, Esq., Chairwoman S j 111.,;'?ti t'i' '. Approved as to orm and legal sufficiency: This ordinance filed with the Secretary of Sta e's Ole the It...IiA ' • J1 /lay of _, 4 t r., ? and acknowledgement of that mily R. Pe u in,Assista' t County Attorney filing received this 24Th day of -i a 2 gy A. 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BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of : ORDINANCE 2013-43 which was adopted by the Board of County Commissioners on the 11th day of June, 2013 , during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 13th day of June, 2013 . DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners : @ y: Teresa Cannon Deputy Clerk 6.A.2 Packet Pg. 29 Attachment: Ordinance 2013-43 (7677 : Public Petition Ms. Sherman) Request to Speak under Public Petition Please pint Name:/vl/l I ENE SHEI\ MA^/ 7Addressa e/L s/ 3.1 o Phone Date of the Board Meetinq vou wish to soeak JA,$.)otq Must circle yes or no: ls this subject matter under litigation at this time? Yes l@! ls this subiect matter an ongoing Code Enforcement case? Yes /@o- Note: lf either answer is "yes", the Board will hear the item but will have no discussion regarding the item after it is presented. Please explain ln the reason vou are reouestinq to soeak attach additional 3. paqe if necessary) J'ee HrlrtctlED sHE€T Please explain in detaillhe action you are askinq the Commission to take (attach L trD (.r-N.- ()7 F.ac) n)L C \USeG\MARLEN-1\Appoala[oc.l\Temp\Public Pelllon Request Form - 2018 doc 7 additional oaoe if necessarv): ( 6.A.3 Packet Pg. 30 Attachment: Public Petition - Marlene Sherman - back-up materials (7677 : Public Petition Ms. Sherman) Request to Speak under Public Petitions to the Collier County Board of Commissioners Question: Please explain in detail the reason you are requesting to speak: County Ordinance 2013-43, approved on June 24, 2013, by the County Board of Commissioners, amended County Ordinance 95-84, 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, PTANTINGS, AND MAINTENANCE OF THE NORTH ENTRANCE OF THE RICH KING MEMORIAT GREENWAY, which i5 IoCAtEd 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. There are 6,566 taxpayers supporting the Radio Road Beautification MSTU. Ordinance 2013-43 expanded the scope of County Ordinance 96-84 and changed the intent of Ordinance 96-84 without holding any public meetings, providing proper notification to the 6,566 supporting property owners, or gaining support from the 6,566 supporting property owners. The knowledge of this Ordinance was not brought to the attention of the 6,566 supporting property owners untilthe County held a public meeting re8arding the Radio Road Beautification MSTU in April 2018. The County MSTU managers followed up with a mailed survey to 6.214 supporting taxpayers of the Radio Road Beautification MSTU. The survey contained only 2 questions. The first question. "Are you in favor of the MSTU considerin8 future proiects to enhance the area, asking to check either the "Yes" or "No" box. Seventy percent of those responding checked "No". As of this date, no ground work has be8un on the Rich KinB Memorial Greenway. I understand the landscape design has been approved by the Florlda Power and Light Company which share the Greenway with the County owned propeny. I contend the expansion of Ordinance 96-84 with Ordinance 2013-43 was improperly handled by County officials since the County did not hold public meetings or provide notification to the MSTU's supporting taxpayers. I also contend the Radio Road Beautification Advisory Board does not represent the people being taxed for this MSTU. Three of the large ma.ior communities have no representation on this MSTU'S Advisory Board, yet these communities represent more than half of the 6,566 MSTU supporting taxpayers. These communities are: Countryside GCC, Glen Eagle GCC, and Fox Fire GCC. Sitting on the five-member MSTU Advisory Board are two representatives from Wind Jammer Village, one representative from Berkshire Lakes community, one representative from Briarwood Community, and one representative without any Community affiliation. Thus, I contend that County Ordinance 2013-43 was not properly vetted, and since no ground work has been started, it is now the proper time for the County Commissioners to Sun-5€t this Ordinance based on survey results from last June which reflected 72 percent of the supporting taxpayers were not in favorofany new beautification enhancements. Therefore, I request that th is ordina nce be ca nceled. forthwith, and that no further work be done on it. 6.A.3 Packet Pg. 31 Attachment: Public Petition - Marlene Sherman - back-up materials (7677 : Public Petition Ms. Sherman)