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Agenda 03/12/2019 Item #11D03/12/2019 EXECUTIVE SUMMARY Recommendation to accept staff report on Community Outreach with the Radio Road Beautification Municipal Service Taxing Unit (MSTU) property owners; to confirm current provisions for amending MSTU Ordinances; to reaffirm the purpose and intent of the Radio Road MSTU; and direct the County Attorney to advertise an amendment to Collier County Ordinance No. 96-84, as amended, known as the Radio Road Beautification Municipal Service Taxing Unit, to alter the boundaries to incorporate the Rich King Greenway between Radio Road and Davis Boulevard. OBJECTIVE: To clarify the purpose and intent of the Radio Road Beautification MSTU and to continue to enhance the public areas within the MSTU boundaries. CONSIDERATIONS: On March 13, 2018, the Board of County Commissioners (Board) considered an item to authorize the advertising of a proposed Ordinance amendment to modify the boundaries of the Radio Road Beautification MSTU. The modification would expand the boundary to include four (4) County-owned parcels, thus meaning the MSTU would encompass the entire width of the Rich King Greenway between Radio Road and Davis Boulevard. During the March public hearing, the Board heard an objection from a citizen, Marlene Sherman, who raised concerns regarding the adoption of the original ordinance and changes thereafter. Specifically, Ms. Sherman questioned why no “informational” or neighborhood meetings were held at the time the ordinance was amended in 2013. Mrs. Sherman was also concerned that property owners were not directly notified of the adoption of the original Ordinance 96 -84 and all subsequent amendments. After discussion, the Board directed the County Manager to conduct more public outreach and report the outcome of that outreach at a later meeting. The MSTU Advisory Committee held an informational public meeting on March 27, 2018, to discuss the intent and purpose of proposed changes to the ordinance and to open lines of communication with citizens. Staff distributed a mailed survey to the community as part of a Community Outreach Plan that they developed. The survey is one (1) of several initiatives planned to expand the lines of communications with the citizens within the MSTU boundaries. The Outreach Plan and survey results were shared with the Board at the June 12, 2018 Regular meeting. The Board then directed staff to continue its outreach efforts and report the results at a future Board meeting. Since that time, staff has attended twenty-one (21) Homeowners Associations meetings and received favorable comments regarding the continuation of the MSTU from most of the associations. The general comment is that they support the MSTU because it is a way of ensuring that their taxes are expended within their community. Some of the associations (e.g.; The Master Associations for Fox Fire, Glen Eagle, and Countryside) declined staff’s invitation to attend their meetings. Emails were sent by Glen Eagle and Fox Fire advising that each passed a resolution requesting the MSTU be sunset. Some of the smaller Associations within Glen Eagle and Fox Fire did allow staff to present at their meetings. Most of the smaller Associations were not familiar with the MSTU, but they appreciated receiving information about the MSTU and supported the concept of it continuing to function. As a part of the outreach effort, staff has produced newsletters as a follow up to the meetings with the Associations. Responses to the inquiries made during the meeting are provided in the newsletters. A sample is attached to this Summary for the Board’s review. On January 22, 2019, the Board heard a public petition from Mrs. Sherman. During the public petition Mrs. Sherman argued the following: • Amendments to the MSTU Ordinance were not executed appropriately; • Neighborhood Information meetings should have been scheduled with all property owners 11.D Packet Pg. 224 03/12/2019 prior to any amendment to an Ordinance; • That the Board should consider establishing different procedures for amending MSTU Ordinances; • That the Board should repeal Ordinance 2013-43, which authorized the beautification to the entrance of the Rich King Greenway; At a previous Board meeting, Mrs. Sherman petitioned the Board to sunset the Radio Road MSTU. The Board is authorized under Florida Statutes Section 125.01 and Chapter 200, to establish, amend, and dissolve MSTUs. With the establishment of each MSTU, the Board frequently appoints an Advisory Committee to aid and assist in the carrying out of the business of the established MSTUs. The Board has appointed an Advisory Committee for the Radio Road MSTU. The Committee conducts regular meetings that are open to the public to participate. The agendas and minutes are recorded and available for the public’s review. The existing process provides for public vetting through both the Advisory Committee and Board meetings. At the time that Ordinance 2013-43 was approved, the Board followed the policy in place, which continues to exist today. In addition to the public meeting of the advisory committee, two (2) public meetings were held by the Board for the adoption of Ordinance 2013-43; May 14, 2013 to authorize the advertisement of the proposed ordinance and on June 11, 2013 to adopt the ordinance. The Ordinance was advertised in the Naples Daily News on May 22, 2013. These hearings and notice serve as notification to the 6,566 property owners in the MSTU District. All amendments to the Radio Road MSTU Ordinance have been executed with review by the County Attorney’s office and comply with applicable laws. Similar to the required formal action of the Board to create an MSTU, the same action is required to dissolve or sunset an established MSTU. Guidelines have been established requiring requests be executed in one (1) of the following manners: • Public Petition; • Citizen Petition; or • MSTU Advisory Committee recommendation. As part of the process, staff is required to complete an evaluation of the on-going maintenance and operations obligations. The costs associated with performing the continued operations and maintenance and options for funding the same must be identified for the Board’s consideration. This evaluation has been conducted and the annual on-going costs to continue the operations and maintenance of the Radio Road MSTU is estimated at $126,000, which involves maintenance of Devonshire, a public road that does not meet the County’s Beautification Master Plan criteria. The Board has the following options for addressing the request to sunset the MSTU: 1. Sunset the MSTU. On-going maintenance services would have to be assumed by a Homeowners Association(s) (HOA); by the County through the Unincorporated Area General Fund or by another non-governmental authority; or 2. Maintain the Status quo. Leave the MSTU in place with no changes to its boundaries or scope of duties; or. 3. Modify and Maintain the MSTU. Adjust the MSTU boundary to add the entirety of the Rich King Greenway to the MSTU service area. Option 1 is not recommended because no HOA or other non-governmental authority has offered to assume the on-going operations and maintenance responsibility. This option would also set a precedent, allowing MSTUs to create an additional tax burden on the general fund that is beyond the intended scope and policy. Option 2 fails to clarify and resolve concerns regarding the actual boundary and scope of the MSTU. Based on the public input received through regular Advisory Committee meetings and staff outreach to the HOAs within the MSTU, both the advisory committee and staff recommend option 3 for the Board’s consideration. 11.D Packet Pg. 225 03/12/2019 Accordingly, on November 13, 2018, the Radio Road Advisory Committee passed a motion (4-0) to recommend the Board lift the hold on the Rich King Greenway Entry Beautification project and allow those improvements to proceed. On January 28, 2019 meeting, the Committee passed a motion (5-0) to recommend the Board not sunset the MSTU and allow it to continue its maintenance responsibilities as well as the outreach efforts to determine what future projects, if any, the property owners within the district would like them to pursue. The Committee is still in favor of amending the MSTU boundaries to incorporate the Rich King Greenway between Radio Road and Davis Boulevard and allow for future beautification along the greenway. Staff in concurrence with Advisory Committee. It is recommended that the current policy for modification of MSTU Ordinances be affirmed. Staff believes there are sufficient public vetting opportunities through the Advisory committee process and other public outreach. FISCAL IMPACT: The recommended actions would be managed through the MSTU’s existing millage and would not require the millage rate to be adjusted. If the MSTU were to be abolished and no independent party assumed responsibility for maintaining the existing improvements, the annual on-going operation and maintenance costs of $126,000 for the improvements made by the district would have to be assumed by the Unincorporated Area General Fund (111). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This Item has been reviewed by the Count Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: To accept the staff report on Community Outreach with the Radio Road Beautification Municipal Service Taxing Unit property owners; and direct the County Attorney to advertise an amendment to Collier County Ordinance No. 96-84, as amended, known as the Radio Road Beautification Municipal Service Taxing Unit, to alter the boundaries to incorporate the Rich King Greenway between Radio Road and Davis Boulevard. Prepared By: Harry Sells, Project Manager, Public Transit & Neighborhood Enhancement Division ATTACHMENT(S) 1. Radio Road Newsletter Issue1 (PDF) 2. Ordinance - CAO Stamped (PDF) 11.D Packet Pg. 226 03/12/2019 COLLIER COUNTY Board of County Commissioners Item Number: 11.D Doc ID: 8050 Item Summary: Recommendation to accept staff report on Community Outreach with the Radio Road Beautification Municipal Service Taxing Unit (MSTU) property owners; to confirm current provisions for amending MSTU Ordinances; to reaffirm the purpose and intent of the Radio Road MSTU; and direct the County Attorney to advertise an amendment to Collier County Ordinance No. 96-84, as amended, known as the Radio Road Beautification Municipal Service Taxing Unit, to alter the boundaries to incorporate the Rich King Greenway between Radio Road and Davis Boulevard. (Michelle Arnold, Director, Public Transit & Neighborhood Enhancement Division) Meeting Date: 03/12/2019 Prepared by: Title: Project Manager – Public Transit & Neighborhood Enhancement Name: Harry Sells 02/14/2019 1:56 PM Submitted by: Title: Division Director - Pub Tran & Nbrhd Enh – Public Transit & Neighborhood Enhancement Name: Michelle Arnold 02/14/2019 1:56 PM Approved By: Review: Public Transit & Neighborhood Enhancement Caroline Soto Additional Reviewer Completed 02/14/2019 3:34 PM Public Transit & Neighborhood Enhancement Michelle Arnold Additional Reviewer Completed 02/15/2019 3:34 PM Public Services Department Kimberley Grant Level 1 Reviewer Completed 02/22/2019 9:21 AM Public Services Department Todd Henry Level 1 Division Reviewer Completed 02/25/2019 4:20 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 02/28/2019 8:37 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/28/2019 10:09 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/28/2019 3:16 PM Budget and Management Office Ed Finn Additional Reviewer Completed 03/04/2019 9:40 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/04/2019 9:53 AM Board of County Commissioners MaryJo Brock Meeting Pending 03/12/2019 9:00 AM 11.D Packet Pg. 227 RADIO ROAD MUNICIPAL SERVICE TAXING UNIT (MSTU) Volume 1 / Issue 1 January 1, 2019 COMMUNITIES WITHIN THE MSTU The Radio Road MSTU is bounded by Airport Road to the west, Davis Boulevard to the south, Santa Barbara Boulevard to the east and the Golden Gate Canal to the north. Some of the communities located within the MSTU are: Berkshire Commons; Berkshire Lakes; Blue Sky’s; Briarwood; Cape Sable Lakes; Coconut Creek; Countryside; Endless Summer; Foxfire; Glen Eagle; Leawood Lakes; Maplewood; Meadow Lakes; Southwinds; and Windjammer Village. Here are some of the questions asked by the communities. Q: Can the landscaping at the crosswalk near the Circle-K be lowered to better see pedestrian? A: Yes. Staff has contacted the Road Maintenance Division and requested the vegetation be cut back. The vegetation was lowered to meet the sight height requirements. Q: Can additional lighting be installed on Devonshire at the crosswalk. A: There is existing lighting at the crosswalk. Staff will check to see if the lighting is adequate and explore options if brighter lighting is needed. Q: Will the County be installing “No U-turn and 3-way stop signs on Devonshire? A: Staff contacted the Traffic Operations Division and advised of the safety concerns. Traffic Operations will be initiating a traffic study in the near future. “Traffic Study to be conducted on Devonshire to enhance safety.” COMMUNITY OUTREACH Staff for the Radio Road Beautification MSTU has been attending several homeowner association meetings to give information about the MSTU and to get feedback. The community has made many inquiries and the responses are being placed in this Newsletter as a follow-up and also to share with other groups within the MSTU just in case you were interested in similar information. If our staff has not visited your community yet and you would like them to, please contact Tessie Sillery at 239-252-5840 to schedule a meeting. 11.D.1 Packet Pg. 228 Attachment: Radio Road Newsletter Issue1 (8050 : Staff Report on Community Outreach Radio Road Beautification MSTU) Q: There was an accident on Radio Road in the median near the Briarwood entrance. When will the vegetation be replaced? A: The MSTU may be able to help with the replacement of the vegetation in order to get the placed replaced sooner. Staff will coordinate with the Road Maintenance Division to get replacement plants as soon as possi ble. Q: Can anything be done about the dirty sidewalks? A: Staff conducted an inspection of the sidewalks and found that there was mold on some of them, particularly those with a lot of shade. The mold does not pose a safety issue. The sidewalks can be pressure washed but this is not something budgeted. HOW TO CONTACT THE MSTU? There are a few way to find out what the MSTU is working on. The public is welcome to attend the monthly Advisory Committee meetings. They are held the second Monday each month at 3:00 p.m. in the Berkshire Lakes Master Association Clubhouse located at 495 Belville Boulevard. You can go on the website to reterive information about the meeting agenda and it’s contents, including meeting minutes. The public may also contact the Project Manager, Harry Sells via email at Harry.Sells@colliercountyfl.gov or 239-252- 4980. PUBLIC TRANSIT &NEIGHBORHOOD ENHANCEMENT DIVISION 3299 Tamiami Trail East, Suite 103 Naples, Florida 34112 11.D.1 Packet Pg. 229 Attachment: Radio Road Newsletter Issue1 (8050 : Staff Report on Community Outreach Radio Road Beautification MSTU) 11.D.2 Packet Pg. 230 Attachment: Ordinance - CAO Stamped (8050 : Staff Report on Community Outreach Radio Road Beautification MSTU) 11.D.2 Packet Pg. 231 Attachment: Ordinance - CAO Stamped (8050 : Staff Report on Community Outreach Radio Road Beautification MSTU) 11.D.2 Packet Pg. 232 Attachment: Ordinance - CAO Stamped (8050 : Staff Report on Community Outreach Radio Road Beautification MSTU)