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Agenda 07/28/2009 Item #17Aa ':em Flo. i 7A July 28, 2909 Page 1 of 14 EXECUTIVE SUMMARY Recommendation that the Board approve an Ordinance Creating the Radio Road East of Santa Barbara Boulevard to Davis Boulevard Municipal Service Taxing Unit. OBJECTIVE: That the Board of County Commissioners approve an ordinance creating the Radio Road East of Santa Barbara Boulevard to Davis Boulevard Municipal Service Taxing Unit (MSTU). CONSIDERATIONS: On April 7, 2009, Commissioner Henning's Office, in coordination with the existing Radio Road MSTU, organized a public meeting to present a proposal for the expansion of MSTU project activity east of Santa Barbara Boulevard along Radio Road to Davis Boulevard. There were approximately 200 people in attendance at this public meeting representing the various communities along Radio Road. Most of the attendees were "in favor" of either expanding the existing MSTU boundary or creating a new MSTU for the purposes of installing landscaping and irrigation East of Santa Barbara. The proposed MSTU boundary will include 3,312 separate property owners; most of who belong to eleven (11) separate homeowner associations, which include: Sapphire Lakes, The Shores, Furse Lakes Club, Granada Lakes Villas, Ibis Club, Madison Park, Blue Heron, Sherwood Park, Berkshire Lakes - Berkshire Pine, Sabal Lakes, and Plantation. At the May 12, 2009, meeting of the Board of County Commissioners (Agenda Item l OC), the Board approved a policy that allows for future landscape projects on roadways included in the Collier County Landscape Beautification Master Plan to be initiated by developers, Municipal Service Taxing Units (MSTU), or homeowner associations (HOA). Radio Road from Santa Barbara Boulevard to Davis Boulevard was identified as one of the roadway segments that would be a candidate for Developer /MSTU /HOA landscaping. Under the policy, landscaping would be installed by an MSTU and maintenance could be assumed by the County on a future date subject to the Board's future approval of landscape maintenance funding. On June 23, 2009, Agenda Item 16.B.14, the Board of County Commissioners directed staff to bring back an Ordinance creating the Radio Road East of Santa Barbara Boulevard to Davis Boulevard Municipal Service Taxing Unit (MSTU). FISCAL IMPACT: Approval of this MSTU Ordinance will set in motion a series of fiscal steps including: (1) Creation of the Radio Road East of Santa Barbara Boulevard to Davis Boulevard Municipal Service Taxing Unit (MSTU) Fund and related Cost Center; and (2) mechanism to establish the budget based upon certified taxable value and applied millage rate to match existing Radio Road MSTU millage rate of .2521 mils. Based upon a projected taxable value equal to 5546,204,8:54.00 the extension of` taxes based upon .2521 mils would raise approximately $137,698.00 per year. The effect of the proposed MSTU, including the tax levy implications, will not be realized until the 2010 tax year (FY 2011). This assumes that the enabling ordinance and related filings will be completed prior to December 31. 2009. 2 of , The creation of the proposed MSTU will have an impact upon the aggregate county millage rate when this calculation is performed for the FY 2011 budget. If the current year proposed aggregate millage rate exceeds current year aggregate rolled back rate, TRIM statutes will require the County to publish a "Notice of Proposed Tax Increase" public hearing ad as opposed to the "Notice of Budget Hearing" public hearing ad. Further, a two - thirds vote of the Board would be required separately for taxing authority millage rates which exceed the rolled back rate multiplied by the Florida Personal Income Growth Factor. Anticipated project activity is estimated to cost 5750,000 (total project per Windham Studios Opinion of Cost); the MSTU committee will fund project activity based on funding availability, and project `phasing' will be considered in order to expedite project construction. Approval of this Ordinance will result in expansion of Fund 1 1 1 maintenance responsibilities after proposed MSTU project completion. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is not quasi - judicial and requires no ex parte disclosure, requires only a majority vote for approval, and is otherwise legally sufficient for Board action. —SRT GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board approve the attached Ordinance creating the Radio Road East of Santa Barbara Boulevard to Davis Boulevard Municipal Service Taxing Unit (MSTU). Further, that the Board authorize the Chairman to sign said Ordinance if approved by the Board; and County Manager or his designee to include the operation, maintenance and life cycle replacement cost as a line item in the annual budget review following the completion of the project(s). Prepared By: Darryl Richard, Project Manager – MS'T'Us, Alternative Transportation Modes Attachments: (1) Ordinance, (2) Exhibit A – MSTU Boundary Map; 2 Page I of 2 f\q I en'a item No. 1 7A ,hdv 28, 200q ;D age 1 1 of � 1 I 3 + , COLLIER COUNTY CIUARD OF _C.OUN—y C�,pRM!cSir,WERS Item Number: 1, 7A Item Summary: Recomniend'ation that tre Board ap,,arove an Ordinance Creating the Radio Road East of Santa Bartara Boulevard to Davis Boulevard Municipal Service, Taxing Unit. Meeting Date: 7,'23/2009 9 0C1_00 AM Prepared By Darryl Richard Project Manager Date Transportation Services Alternative Transportation kliodes 71612009 3:44:34 PM Approved By Darryl Richard Project Manager Date Transpor=tation Services Alternative Transportation Phodes 716.'2009 4:30 Prul Approved By Caroline Soto Administrative Assistant Date Tram;portation engine; ring and Transportation Services 111712009 13:18 AM Construcft_n Approved By Therese Stanley Grants Coordinator Date Transportation Transportation Administration 7/812009 3 :14 PM Approved By Pamela J. Lalich Proje t Manager Date i ra.-Isporzat;on Ser�,ices Afterrative Transportation Etudes 7:18,'2009 4:51 PM Approved By Najeh Ahmed Director Date T,-anspoftation Enginvering Transportation Services [ Aianagerne-nt I T'I'!2002 9:12 AIZ Approved By Aft:,-rnadve T,-�irisporzati-,n Mznles Michelle �Edwards Arnold Date Transportation Services Altern2tiv& Trans portztion Uiodes 1 'r %0? Z : C. 3 P14 Approved By Scct', R. Teoch Assistant County All'arnoy Dale County Attorney oumty Attorney 1,)M ,e 6 C-' 2: '7 2 PP Approved By Pat Lehnhard I Dnte 7ra n,,.-)o riot i on Services T ransportatiori Servi:;as A_-I-nin 71': 6 12 0 9 02 P f0i Approved By ^—.1 ­ ON— ­,ordirator Man2oel`s cnfiice un'ice 04 w"anagernent &. -.%ucaet -2 5 1 F, JtJ Approved By '.Sack son Bu d a et -1 T 4 a! ys t tea file://C:\AL-endaTest\Exi)ort\l')'I-Julv%2028.0/,'o2O2OO9\1 7.%20SUMMARY%20AGENDA\... 7/22/2009 approved BN Y Co,un,ty 'i4ara,; r'-. 3�q-,e P a (-) e 2 of 2 D a i e file:/,'/C:'�,AL,endaTest'\Exi)ort'�,I ')3-.Iuiv° �'01-0--18.0/,O'-'02009'\I 7.11/'o2OSt,l,%IMAR),'°,'020A(',FNDA\... EXHIBIT A - BOUNDARY MAP RADIO? ROAD EAST BEAUTIFICATION MSTU ��}}O Sl... -05 Y, 1 r EXHIBIT CREATED ON C -29M BY DARRYL RICHARD PROJECT SAGER EXHIBIT A - PAGE I OF G REVISED ON 7 -16-09 ill; _8..20'19 %1 6 ":)l EXHIBIT A- BOUNDARY DESCRIPTION LEGAL DESCRIPTION OF RADIO ROAD EAST BEAUTIFICATION IVISTU BEGINNING AT THE NORTHWEST CORNER OF SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE RUN S01 °02'26 "E ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 4 A DISTANCE OF 2794.71 FEET TO THE WEST QUARTER CORNER OF SECTION 4; THENCE RUN N88 °49'29 "E ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION 4 A DISTANCE OF 2632.37 FEET TO THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF SECTION 4; THENCE RUN S00 °53'44 "E ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 2619.85 FEET TO A POINT OF INTERSECTION WITH SAID EAST LINE WITH THE NORTH RIGHT -OF -WAY LINE OF DAVIS BOULEVARD ACCORDING TO FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT -OF -WAY MAP SECTION 03506- 2601, SAID POINT OF INTERSECTION ALSO BEING A POINT ON A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 2789.79 FEET; THENCE FROM A TANGENT BEARING OF N73 °12'42 "E, RUN ALONG THE ARC OF SAID CURVE A DISTANCE OF 2090.35 FEET THROUGH A CENTRAL ANGLE OF 42 055'51" TO THE POINT OF TANGENCY THEREOF, THENCE RUN N30 °16'50 "E ALONG SAID RIGHT -OF -WAY LINE A DISTANCE OF 3383.60 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 2939.79 FEET; THENCE RUN ALONG THE ARC OF SAID CURVE AND SAID NORTH RIGHT -OF -WAY LINE A DISTANCE OF 2073.06 FEET THROUGH A CENTRAL ANGLE OF 40 °24'13" TO A POINT OF INTERSECTION OF SAID CURVE AND SAID NORTH RIGHT -OF -WAY LINE WITH THE SOUTH RIGHT -OF WAY LINE OF RADIO ROAD; THENCE DEPARTING SAID CURVE, FROM A TANGENT BEARING OF N70 °41'03 "E; RUN N00 °53'59 "W A DISTANCE OF 100.03 FEET TO A POINT ON THE NORTH RIGHT -OF- WAY LINE OF RADIO ROAD; THENCE RUN S89 °06'09 "W ALONG SAID NORTH RIGHT -OF -WAY LINE A DISTANCE OF 992.66 FEET; THENCE DEPARTING SAID NORTH RIGHT -OF -WAY LINE, RUN N00 °19'12 "W ALONG THE WESTERN BOUNDARY LINES OF THE PLAT OF PALM SPRINGS PLAZA, UNIT NO. 1 AS RECORDED IN PLAT BOOK 8, PAGE 21 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE PLAT OF PALM SPRINGS VILLAGE UNIT 1 AS RECORDED IN PLAT BOOK 8, PAGE 23 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND THE PLAT OF PALM SPRING ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 8, PAGE 22 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA A DISTANCE OF 2567.39 FEET TO THE NORTHWEST CORNER OF SAID PLAT OF PALM SPRINGS ESTATES, UNIT 1;THENCE RUN N88 °42'21 "E ALONG THE NORTH LINE OF SAID PLAT A DISTANCE OF 659.02 FEET; THENCE RUN N00 °41'15 "VET A DISTANCE OF 199.15 FEET TO A POINT ON A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 11297.16 FEET, SAID POINT ALSO BEING A POINT ON THE SOUTHERLY RIGHT -OF- WAY LINE OF INTERSTATE 75 ACCORDING TO FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT -OF- WAY MAP SEMI 03175 -2409; THENCE FROM A TANGENT BEARING OF N76 °01'39 "W, RUN ALONG THE ARC OFSAID CURVE AND SAID SOUTHERLY RIGHT -OF -WAY LINE A DISTANCE OF 3165.75 FEET THROUGH A CENTRAL ANGLE OF 16 °03'21" TO THE POINT OF TANGENCY THEREOF; THENCE RUN S87 °55'00 "W ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE A DISTANCE OF 3633.67 FEETTO A POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 5891.58 FEET: THENCE RUN ALONG THE ARC OF SAID CURVE AND SAID SOUTHERLY RIGHT -OF -WAY LINE A DISTANCE OF 481.43 FEET THROUGH A CENTRAL ANGLE OF 04 °40'55" TO THE POINT OF INTERSECTION OF SAID SOUTHERLY RIGHT -OF -WAY LINE WITH THE WEST LINE OF SECTION 33, TOWNSHIP 49 SOUTH, RANGE 26 EAST; THENCE DEPARTING SAID CURVE AND SAID SOUTHERLY RIGHT -OF -WAY LINE, RUN 500 °04'00 "E ALONG SAID WEST LINE OF SECTION 33 A DISTANCE OF 3180.97 FEET TO NORTHWEST CORNER OF SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST AND THE POINT OF BEGINNING. CONTAINING THEREIN 970. 280 ACRES OR 42,265,349.29 SQUARE FEET, MORE OR LESS. EXHIBIT " - PAGE 2 OF 2 ORDINANCE NO. 2009- AN ORDINANCE CREATING THE RADIO ROAD EAST OF SANTA BARBARA BOULEVARD TO DAVIS BOULEVARD MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FUNDING AND THE LEVY OF NOT TO EXCEED .5 MILS OF AD VALOREM TAXES PER YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR THE CREATION OF THE RADIO ROAD EAST OF SANTA BARBARA BOI,TLEV A_IRD TO DAVIS BOULEVARD ADVISORY CO- MMITTEE.; APPOINTMENT AND COMPOSITION; PROVIDING FOR TERMS OF OFFICE OF THE ADVISORY COMMITTEE; QUORUM AND RULES OF PROCEDURE; PROVIDING FOR FUNCTIONS, POV� ERS AND DUTIES OF THE ADVISORY COMMITTEE; PROVIDING FOR THE DUTIES OF THE COUNTY MANAGER OR HIS DESIGNEE; PROVIDING FOR REVIEW PROCESS OF THE ADVISORY COMMITTEE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN TIME COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. VMERE AS, at the June 2' ), 2009, meeting of the Board of County Commissioners the Board was informed that the residents living in District 3 along Radio Road, East of Santa Barbara Boulevard to the intersection of Radio Road and Davis Boulevard, requested landscaping be installed along that section of roadway; and WHEREAS, the Board of County Commissioners has determined that the creation of a municipal service taxing unit to be known as the "Radio Road, East of Santa Barbara Boulevard to the intersection of Radio Road and Davis Boulevard MSTU" is the best method for funding and implementing the installation of this landscaping. NOW, THERE FOR:E. BE IT ORD AfNE.I<D BY THE BO-A---RD OF COUNTY COArt- SSIONI RS OF COLLIER COUNTY, FLORIDA that: SECTION ONE. Authority. This Ordinance is adopted pursuant to the provisions of' Chapter 1225.01 and Chapter 200, Flr�rida Ctat�itac and An 6-r wtr,Yli�2 rle 1u-,v SECTION TWO. Creation of the Municipal l Service Taxing Unit. There is hereby created and established the Radio Road, East of Santa Barbara Boulevard to the intersection of Radio Road and Davis Boulevard municipal service taxing unit, hereinafter referred to as "MSTU." The boundaries of the MSTU are as follows: See attached Composite Exhibit "A," which is incorporated herein by reference. THREE. Pu ,dose ac d V over —ning Holy. 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. This MSTU will sunset when the project is completed, or in six (6) years, which ever happens sooner. SECTION -OUR. Funding and Levy of Taxes. For the purpose of implementing this C3rdinance, the Board of Co�,,mty Commissioners shall annually, at the time required by general buaget.ary law, MaKe an iLomlzed estimate of the amount of money required to carry out the business of the IASTLI for the next fiscal year, which shall be from October 1 to a.nd Including Septer_ilyer 31 fol,ow,-,ng, until the project is either complete: or when six E6j dears is yip, whkh ever cones first. i1te es ate shall describe the purpose fG. which. cue+ —1-01---VS aiC' iei.Itiii'"u eaapid cttZ amount n'- -c.ssw r' 1v iu beu vy taxalion. ,Mthin &),e MSTU. t:.t the tinge and place for fixing the annual rate of taxation for :'aunty purposes, the Board shall ,ix are cat-se va be levied on all proms ies within the MSTU subject to tc. .ii.P L,pIl 3. i]"iSilG'y.?G IC�t not c4.; hv'::•`°.l , ECTI"GN FIVE. TL' K < s es;s .4nt v.nid t;_ oliection. 71 w:ts h I gin provided for s`luil b�-, assessed and collected in fate same manner and form as r�,tiar f;rnr the �c� <errs_r^t �,- c! ill •tt �n rsf ern F *rµs 0--tunty ;pxe-c dead subicnf to the sarme- fees for asscssin`, 4 ndl Cil1 L4? as L:,3€ rag C ou lit.y tNS:es. 9 of -141 SECTION SIX. Creation of the Radio Road, East of Santa Barbara Boulevard to the intersection of Radio Road and Davis Boulevard MSTU Advisory Committee, Appointment and Composition. A. There is hereby created and established the Radio Road, East of Santa Barbara Boulevard to the intersection of Radio Road and Davis Boulevard MSTU Advisory Committee, hereinafter referred to the "Committee." B. The Committee shall consist of five (5) members which represent the area within the MSTU. Members of the Committee shall be appointed by and serve at the pleasure of the Board of County Commissioners. Said members shall be property owners of Collier County within the MSTU and permanent resident electors of Collier County. The Board of County Commissioners shall consider appointment of members from different parcels, subdivisions and/or the communities within the MSTU. C. Appointment of the members to the Committee shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of the appointment and the term of office. D. Members of the committee shall serve without compensation but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their I uties upon prior approval of the Board of County Come- issioners. E. Cornmittev shall meet on an as- needed basis, but not less than, once per year. SECTION SEVEN. Terms of Offlace of the Advisory Cor:*_mittee. The initial terms of office of the Committee shall be as follows: A. Two (2) members shall he appointed for a term of two (2) years. B. Two ( ) mnembcrs shall be appoisttcd for ate'-111i %Ln uar c (ei y�wrs. C. One (1) member shall be appointed for a terns of four (4) years. Thereafter each appointment or reappointment shall be for a term of four (4) years. Appointments to f ll any vacancies on the Committee shall be for the remainder of the unexpired term of office. SECTION EMIT 1<'. Of-Mrs cif the Advisory Committee, Quorum And Rules of Procedure. A. At its earliest opportuni*y, the membership of the Committee shall elect a chairman and vice chairn; n from among its members. Oft-icer'S terms shall he for cane (1) year, with eligibility for re- ele^.ion. B. The presence of three (3) or more members shall constitute a quorum of the Committee necessary to &Le action and transact business. C. The Committee shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a written record of the meetings, resolutions, reports ?nu exhibits, l'- tdnngs and deter-ni<natlons. Copes of all Committee minutes, resolutions, reports and exhibits shall be submitted to the Board of County Cornmissio,iers. D. Corrrnittee member attendance requirements, including failure to attend meetings and rnen3ver remo -val front oirpce are governed )y (Xdinarice loo. 2001 -35, as it may be ��*nen ie i �r by itS s zf�cessor `r €ra;�.�e. r SECTION NINE. Fun, cd kr•.s. Powers mad Duties of the Advisory CQirmmittee. A z., ` I- T LU S t O sal l IciOF t o Fzti . A. To aid and assist the Board of County Corms isskmers in caM,ing out the MSTU as set fc Lh in ':lais Ordinance. B. To prepare a.-id recommend to the Board of County Conimissioners an itemized budget of of - ?rio4ae r- qui--d full t carry 01 a t tIi. ou sine s irf lefS E ! fsr t1r° n! Xt ¢5031 year. m carrying out tILs respoT.slCilPFty, the committee siic`lt, no later ti13n April 1 ± Oi each year, meet vrith t1ho County 1\4imager or h:s d,esignee and outline to the County iV�J "No. Manager or his designee those projects which the committee wishes to see accomplished during the next fiscal year. Based upon this information, the County Manager or his designee shall prepare a proposed budget for the MSTU, in accordance with standard County guidelines regarding preparation of budgets. This proposed budget shall then be reviewed by the Committee and upon approval by the Committee be transmitted through the County Manager or his designee to the Board of County Commissioners' policy. Should the Committee fail to approve the budget by June 1" of each year, the County Manager or his designee shall be authorized to submit a proposed budget to the hoard of County Commissioners. C. The Committee shall recommend work programs and priorities to the County Manager or his designee is accordance with the adopted budget or budget amendments, which may be adopted by the Board of County Commissioners. The execution of work programs shall be under the direct supervision and responsibility of the County Manager or his designee. Said work may be performed under contract (in accordance with the law) or by County forces. D. The Committee may adopt and amend "Guidelines" to govern its operation and the operation of the MSTU, subject to approval by the Board of County Commissioners. SECTION TEN. Duties of the County Manager or his Designee. The duties of the County Manager of his designee shall be: A. To administer the activities of the MSTU in accordance with established policies of the Board of County Commissioners and guidelines adopted by the Committee. B. To prepare the annual budget in accordance with Section Nine, Paragraph B. above. C. To provide periodic written reports to the Committee, and the Board of County Commissioners of the activities of the h4STU and its finances in accordance wi4di established guidelines of the Board of County Commissioners and/or the Committee. r' = ._ "i 'i4 D. Attend all Committee meetings. SECTION ELEVEN. Conflict and Sever - ability. 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 TWELVE. Inclusion in the Cade 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, i he section of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "Ordinance" may he changed to "Section," "Article," or any other appropriate word. SECTION THIRTEEN. EfTective Date. Tlss ordinance shall take effect upon filing with the iorida Department of State. PASSED A I *I) DUL V ADOPTED by the Board of County Commissioners of Collier County, 1~lorida this 25th clay of July, 21009. 6 ATTEST: DWIGHT E. FROCK, CLERK Approved as to form and Legal sufficiency: Scott R. Teach Deputy County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER. COUNTY, FLORIDA 7 DONNA FIALA, CHAIRMAN naitg WOws 2F Friday, July 17, 2009 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, July 28, 2009, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will com- mence at 9:00 A.M. The title of the proposed Ordi- nance is as follows: AN ORDINANCE CREATING THE RADIO ROAD EAST OF SANTA .BARBARA SOUL EVARD TO DAMS BOULE- VARD MUNICIPAL SERVICE TAXING UNIT; PROVID- ING THE AUTHORITY; PROVIDING FOR THE CRE- ATION; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FUNDING AND THE LEVY OF NOT TO EXCEED .5 MILS OF AD VALOREM TAXES PER YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR THE CREATION OF THE RADIO ROAD EAST OF SANTA BARBARA BOULEVARD TO DAVIS BOULEVARD ADVISORY COMMITTEE; APPOINTMENT AND COMPOSITION; PROVIDING FOR TERMS OF OF- FICE OF THE ADVISORY COMMITTEE; QUORUM AND RULES OF PROCEDURE; PROVIDING FOR FUNCTIONS, POWERS AND DUTIES OF THE ADVISORY COMMIT- TEE; PROVIDING FOR THE DUTIES OF THE COUNTY MANAGER OR HIS DESIGNEE; PROVIDING FOR RE- VIEW PROCESS OF THE ADVISORY COMMITTEE; PROVIDING FOR CONFLICT AND SEVERABILITY; PRO- VIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspec- tion. All interested parties are Invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be ad- dressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group .Is encouraged. If recognized by the Chairman, a Spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materi- als included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days pnor to the public hear- ing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings per- taining thereto and therefore, may need-to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. if you'are a person with a disability who needs any accommodation in order to participate in this pro- ceeding; you are entitled, at no cost . you, to the provision of certain assistance. Please . contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239).252-8380. Assisted lis- tening devices for the hearing impaired are avail- able in the County Commissioners, office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) July 17, 2009 No1807151