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Agenda 07/28/2009 Item #17EAgenda Item No. 17E July 28, 2)09 Page 1 of 15 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 boundaries to match the urban boundary within the current Immokalee Community Redevelopment Agency ( "ICRA ") boundaries. OBJECTIVE: That the Board of County Commissioners adopt an amendment to Ordinance No. 92 -40, as amended, which created the Immokalee Beautification Municipal Service Taxing Unit, in order to expand its boundaries to match the urban boundary within current ICRA boundaries. CONSIDERATIONS: • On October 8, 2008, the Immokalee MSTU and the ICRA had a joint workshop regarding the expansion of the Immokalee MSTU boundaries. The boundary expansion has been requested by the MSTU Committee to allow the Committee to expand beautification project activity into the "entire urban area" of Immokalee — as the entire urban community benefits from the beautification of the Highway 29 corridor and also the ls` Street corridor. The proposed expansion will, therefore, include all of the property owners who benefit from the beautification projects performed by the Immokalee MSTU. The expansion proposal was well received by members of the public attending the workshop. On February 25, 2009, the Immokalee MSTU made a motion to expand the boundaries to match the urban boundary within current ICRA boundaries. The purpose of the expansion as noted is for all property owners who benefit from the MSTU beautification projects to be included in the boundary of the Immokalee MSTU. It was noted that the urban boundary reflects the extent to which property owners `benefit' from Immokalee MSTU projects. 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 April 14, 2009, (Agenda Item 16B 1 ] ), the Board of County Commissioners directed staff to bring back a revision to Ordinance No. 92 -40 per the request to match the urban boundary within the current Immokalee ICRA boundaries. • On June 24, 2009, Staff finalized new boundary description utilizing its in -house surveyor resources. The existing boundary is determined to be approximately 3,818 acres (or 6 sq. miles) while the new expansion area is determined to be approximately 16,982 acres (or 26.5 sq. miles) for a combined total of 20,800 acres (32.5 sq. miles) FISCAL IMPACT: Expansion of the Immokalee Beautification MSTU boundaries will increase the district's taxable value base and thus the property tax dollars that will be raised. .-� However, the effect of this expansion including the tax levy implications will not be realized until the 2010 tax year (FY 2011). This assumes that the enabling expansion ordinance and related filings will be completed prior to December 31, 2009. The existing MSTU Boundary has a taxable value of $304,501,606 while the proposed expansion area has an added value of $111,050,868 in non -condo property and an additional $353,600 in condo property values. After the proposed expansion the Immokalee MSTU will have a taxable value of $415,906,074. Given current taxable values, based on current MSTU millage rate of 1 mil, the existing taxable value will generate $304.502 each fiscal year; while after proposed expansion, the total annual revenue would increase to $415,906 each fiscal year; or $111,404 increase in potential revenue for the Immokalee MSTU with expanded boundary. The proposed boundary expansion will have an impact upon the aggregate county millage rate when this calculation is performed for the FY 2011 Budget. For purposes of TRIM, the aggregate millage rate, which is a product of dollars raised for each Collier County government taxing authority, is measured against the aggregate rolled back millage rate. Dollars raised above the aggregate rolled back millage rate would fall outside the simple majority vote scenario - at least for the taxing authorities levying above their individual rolled back rate. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. 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 RECOMMENDATION: That the Board of County Commissioners adopt the Ordinance Amendment to Ordinance No. 92 -40, as amended, to expand the boundaries of the Immokalee Beautification MSTU to match the urban boundary consistent with the current ICRA boundaries. Prepared By: Darryl Richard, Project Manager – MSTUs, Alterative Transportation Modes Attachments: 1) Immokalec MSTU minutes from 22-25-09-,2) Exhibit A - Current and Expanded Boundary Map Pae,,e 1 of 2 iI 200 T of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 17E Item Summary: Recommendation to adept an Ordinance amending Ordinance No 92 -40, as amended.. which created the Immokalee Beautification Municipa, Service Taxing Unit, to expand its boundaries to match the urban boundary within the current lmmokafee Community Redevelopment Agency (ICRA) boundaries. Meeting Date: 7/28/2009 9:00:00 AM Preparcul By Darryl Richard Project Manager Date `ranspo=tion Se, vioes Alternative Transportation Modes 7i6l2009 4:02:46 Pik Approved By Darry€ Richard Project Manager Date Transportation Services Alternative Transportation Modes 716 12ace 4:29 PM Approved By Caroline Soto Administrative Assistant mate Transportation Services Transportation Engineering and 717,'2009 10:15 AM Construction Approved By Pamela J. Lulich Project fi�anager Date Transportation Services Alternative Transportation Modes 71612039 4:55 PM Approved By Alternative Trznsporta_ or, Mc >des 10ichelie Edwards Arnold Date v!i :e.cto' Transportation Services Arlt�:.rnative T ra.n,spor:ation Modes 71912 ©U9 i2:C9 Pl °�" Approved By Najah Ahrriad Director Late '! i ransportation Engine -aring S' nSporiatiOn CerViieB "'tG120,09 9.1!9 Gaff Co ^structiori Management Approved By Scott P. Teach Assistant County Attorn.cy Date r:o:inty Attorney "nun4y A torriey Ott.�e ' ...rar,9 8 :2'_ e..rti Approved By mat Lehinhard Executive Secretary Fte Transportation sportation Services ransp -aticn J`erv"...E.'.S A. rain rt 7151,'2'-0,9 21:-12 A'M Approved By OMB Coordinator DIV:S Coordirator Date Courity fJianaaer`s Office Office; of hlianugerment & Budoet 71 5f2T'-e? g:07 t -, 4 Approved By Therese Stanley Grants Coordinator Date Transportation Transportation L,dminh;',ration 7"'- 5.'2000, 9:23 ArA file: / /C:AAuendaTest \Exnort\ 133 -July% 2028. %, 202009 \17. %20 JMMARY %20 AG FNDA1_._ 7/2.2/ ?.009 Pa-e 2 o£2 o. U ApproNcd 133 %".ark E&ors� Date 2 O"nty Ma�lager'- cif D,-rmet -,;-'Cj!200,0 9.36 AM Approved e Lec :E'. -Ozhs, Jr. Deputy Couil!y N'.'anz.,jer Date Soard o' Countv Com.,T"�SS!011crs . Co��.,nly TI;anager's 7112012C,09 1C.27 AM file:C:',IALyendaTest"\F.xiioi-t', 1339 I I MM A RY(2O% G FN T) % « 2)-'2009 J,jly 28, 2009 ORDINANCE NO. 2009- AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 9240, WHICH CREATED THE F%1MOItALEE BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT IN COLLIER COUNTY, FLORIDA, PROVIDING FOR THE EXPANSION OF THE UNIT BOUNDARIES TO ADD APPROXIMATELY 16,982 +/- ACRES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES, CONFLICT AND SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners, on October 25, 1977, adopted Collier County Ordinance No. 77 -52, creating the immokalee Lighting and Beautification Municipal Service Taxing Unit for the purpose of providing street lighting and beautification within the unit, and WHEREAS, the Hoard of County Commissioners, on September 23, 1986, adopted Collier County Ordinance No. 86-65, creating the Irnmokalee Lighting and Beautification District Advisory Committee which provided for the appointment and composition of the Advisory Committee and setting forth the terms of office; and WHEREAS, on February 20, 1990, the lmmokalee Lighting and Beautification Advisory Coarnmitte° met and approved a motion to recommend to the Board of County Commissioners that Collier County Ordinance No. 77 -52 be modified so as to separate the Lighting District from the Beautification District, thereby making both Districts separate, but having identical district boundaries and retaining the current Advisory Committee composition and make -up only for the Beautification District; and WHEREAS, the Board of County Commissioners, on June 9, 1992, adopted Collier County Ordinance No. 92-40 that created the lmmokalee Beautification Municipal Services Taxing Unit (the "MSTU"), for the purpose of landscape beautification within the MSTU; and INHERE-4,S, the Boar -d of County Commissioners desires to expand the boundaries of the MSTU. 1 Words Underlined are added; Words Steel- Thmqgh are deleted. Pa _,E; of NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COh4MISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO COLLIER COUNTY ORDINANCE NO. 9240, AS AMENDED, TO EXPAND BOUNDARIES Section Three of Collier County Ordinance No. 92-40, as amended, is hereby amended to .3 LY, 1, qn TT T>_ -1 1 , , nnn r- �, --_ -- expa d the IY101 U * ii0U11daiieS to ad U' dpp1ox1mateIv 10,706 T/- acres, as 1V11Vw�: The boundaries of the Unit shall comprise all that land located in Collier County, Florida, and specifically described as: The 1/ + 1 South t 44 of + the the N.7 - ; _ - _ ; Range 2 *- Th e S 1 .t„ ,.a ] / -- C ..f:..a 3 . t We 7 st 1 / l S eti 1 l g _ A . t .. - It 0 ,.i t / 4 Fast-. That portion of land lying, in Collier County. Florida- more particularly described as follows: i 1he Southwest (,)uarter of the Soudlvlest Quarter of section 25 and all of sections 26.27, 28. 29, 30. 31, 32, 33, 34, 35 and the Vest half of the Northwest Quarter of section 36, Townshin 46 South, Ranee 29 East: and All of Sections 1 2. 3 4 > 6 9. 10 11 the West half of Secxion 12 the Northwest Quarter of Section 13, the North half of section 14 and a-.! of Sections 15 and 16, Tclv�7lshin 47 South. Ra L,,,e 29 EA--,t; and All of Section 6. Tb -mslf jp 47 South. Range 30 East: and Words Underlined are added; Words ugh are deleted. Ag ri"12 ite;- , No. 1 E July 2J. 21n;09 Page 7 of 15 The North half of Section 1 Township 47 South Range 28 East Ivinp- Easterly of the Eastern Shoreline of Lake Trafford, and All of Section 1-5 and that portion of Sections 35 and 36 hying, Northerly and Easterly of the Northerly and Easterly shorelines of Lake Trafford_ Towmshin 46 South Range 28 East. 4ttached Exhibit "A" represents the above- referenced MSTU boundaries. 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 this Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed 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 28th day of July, "009. 3 Words Underlined are added; Words Swaek PhFawgh are deleted. ATTEST: DWIGHT E. BROCK, CLERK I Deputy Clerk Approved as to form end 1':LJ Scott R, T=ch Deputy County Attorney BOARD OF COUNTY CONMUSSIONERS OF COLLIER COUNTY, FLORIDA 13y: DONNA FIALA, CHAIRMAN 4 Words U-,.id--r' Iffied am add--d; Words Pwatqffi &-e delet�. Vii, i J Words Underlined are added; Words Thr-augh = deleted. ti C� y C *N F+ cl W 0 0 1 5 W Z m m m c m z U N O d v rn M o = o U_ N O M m <t oil } m � Q � Q aL uJ d xQ� a ..J vJ 0 n No No n z 0 U) z x m s ry dr- D 0 U) Lliv :L LL m m m c m z U N O d v rn M o = o U_ N O M m <t oil } m � Q � Q aL uJ d xQ� a ..J vJ 0 n No No n z 0 U) z x m s ry dr- D 0 U) Lliv Cc s Ja it— No. i i C ✓a #fie 11 of 15 IMMOKALEE BEAUTIFICATION NI.S.T.U. ADVISORY COMMITTEE February 25, 2009 Minutes I. The meeting was called to order at 4:35 PM by Cherryle Thomas. A quorum was established. II. Attendance Members: William Deyo, Cherryle Thomas, Lucy Ortiz, Andrea Halman County: Darryl Richard — MSTU Project Manager, Tessie Sillery — MSTU Operations Coordinator, Weldon Walker Jr. — Code Enforcement Others: Penny Phillippi — CRA Executive Director, Fred Thomas Sr. — CRA Chairman, Christie Betancourt — CRA, Richard Tindell - ASLA, Mike McGee — McGee & Associates, Sue Flynn — Mancan 111. Approval of Agenda Add: V. C. New Member Application Change: VII. A. Maintenance Report - JRL (Instead of McGee & Associates) Remove: VII. C. JRL Design Landscape William Deyo moved to approve the agenda as amended. Second by Andrea Halman. Motion carried unanimously 3 -0. Lucy Ortiz arrives at 4:34 pm IV. Approval of Minutes — January 28, 2009 Change: Penny Philleppi (misspelled) should read "Penny Phillippi" William Deyo moved to approve the minutes as amended. Second by Andrea Kalman. Motion carried unanimously 4 -0. V. Transportation Services Report A. Budget Report — Caroline Soto distributed and reviewed the immokalee MSTU Fund 162 Report dated 2/25/09. (See attached) ❖ Available Operating Expense - $99,410.78 ❖ Available Improvement General - $192,466.51 ❖ Ad Valorem Tax Collected - $217,433.80 • Purchase Orders Paid -to -Date - $ 1,275,466.83 B. Project Manager Report — Darryl Richard distributed and reviewed V the Project Manager Report. (See attachments) • (IMM -15) Work Order for JRL; Landscape Architectural Services Fixed Term. Waiting for Purchase Order to be issued. • (IMM -14) McGee & Associates - Phase VI Project 96 Light poles have been installed from 1 stand 9th Street. Confirmation of FDOT review and approval of street tree plantings is pending. FDOT will be installing 2- crosswalks. Darryl Richard reported a string of lights are out due to the age of the conduit. Southern Signal & Lighting provided a quote to repair lights at 4th Street. He StatP_.d there are nn guamritPPS hecause every pl III box along the street is in a tree cutout and may have root damage from the trees. It will take a month to complete the repairs. A recommendation was made to move forward on the repair and as a future preventive measure, move the pull boxes out of the tree cutouts. Staff stated the pole at 1st street has been ordered and the normal delivery time is 6- months. Lucy Ortiz moved to accept the proposal from Southern Signal and Lighting (to repair lights at 4th Street) not to exceed $7,000. Second by William Deyo. Motion carried unanimously 4 -0. Darryl Richard distributed a quote from Commercial Land Maintenance to remove 10 -tree stumps and dispose of debris and recommended not addressing at this time. Tessie Sillery noted the Committee previously approved the purchasing of liners for trash containers up to $1.000 and the quote came in at $1,111. Staff recommended accepting the quote for 20 blue liners. William Deyo moved to accept the quote for trash liners in the amount of $9,111. Second by Lucy Ortiz. Motion carried unanimously 4 -0. Darryl Richard distributed and reviewed a map of the Inlmokalee MSTU Boundary Expansion Proposal and asked for clarification on the boundaries. (See attached) Discussion ensued on the difference between urban, MSTU and CRA boundaries and the following amendment was made. Lucy Ortiz rescinded her motion made on January 28, 2009 to include "consistent with CRA boundaries." Second by William Deyo. Motion carried unanimously 4 -0. 2 item 3. I .t illy 2009 Lucy Ortiz moved to go forward on the Boundary Expansion to be consistent with the Urban Boundaries. Second by William Deyo. Motion carried unanimously 4 -0. Darryl Richard distributed and reviewed a report on "Taxable Values" on various boundary options. (See attached) Penny Phillippi, CRA Director, stated an Executive Summary for the approval of the Immokalee Stormwater Master Plan has been completed. The Stormwater Department, the CRA and a Consultant will submit the Stormwater Master Plan to the BCC for approval along with a complete list of funding possibilities to include a portion of the forthcoming Federal Stimulus monies. Darryl Richard suggested when they present the Executive Summary, to ask the BCC for an approval to get a proposal on the Master Plan. Cherryle Thomas asked if the State pays the County to sweep the streets. Staff will research and report back to the Committee. C. New Member Application Tessie Sillery distributed an Advisory Board Application received from Carrie Williams to fill the vacant position on the Committee. Lucy Ortiz moved to accept Carrie Williams' application and - submit it to the BCC for their approval. Second by William Deyo. Motion carried unanimously 4 -0. VI. Transportation Maintenance Report - None Vil. Landscape Architects Report A. Maintenance Report — JRL - None B. Phase II B Project — Mike McGee reported the following: • Waiting for County and FDOT comments on the Phase II B Project • CLM is replacing plants, adding soil and working on irrigation modification. Work scheduled to be completed by March 6, 2009. • Street sweeping needs to be done now. • Sprinkler heads in medians from the casino to Boston Road need to be repaired. C. JRL Design Landscape -None Vill. Community Redevelopment Agency Penny Phillippi asked permission to show the Committee a Power Point presentation on RWA Consulting - Land Development Conceptual Designs on 2- shopping plazas at the March meeting and receive input from the MSTU. Fred Thomas asked the Committee for support on a future proposal the CRA will be drafting to the County recruiting their support to have a portion of the "Exclusive Casino" rights be earmarked for Immokalee future development. IX. Code Enforcement Report — Weldon Walker reported the following: "Clean -Up" Day has been changed to March 28, 2009. Plan to have a "Clean -Up" Day every 6- months Code Enforcement meets at the Health Department at 10:00 am every 3rd Tuesday of the month. Flyers will be distributed through -out the Community Sheriffs' Department will have mandated Community Workers helping clean up. Volunteers from Notre Dame will be assistinq elders needing heir) to clean their property. v V X. Old Business A. Main Street Pedestrian Zoning — Addressed previously. B. Boundary Expansion — Addressed previously. XI. New Business — None XII. Public Comment - None There being no further business to come before the Committee, the Meeting was adjourned by order of the Chair at 5:55 P.M. Immokalee Beautification MSTU Advisory Committee Cherryle Thomas, Chairman These minutes approved by the Committee on as presented or amended ..2' a .° t 4 .,,en da Ifen'l No.. fr�Fltl DPW r sge 15 3f 15 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 Tamiarni 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 AMENDING COLLIER COUNTY ORDI- NANCE NO. 92.40, WHICH CREATED THE IMMOKALEE BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT IN COLLIER COUNTY, FLORIDA, PROVIDING FOR THE EXPANSION OF THE UNIT BOUNDARIES TO ADD AP- PROXIMATELY 16,982 +/- ACRES; PROVIDING FOR INCLUSION IN THE BODE OF LAWS , AND ORDI- NANCES, CONFLICT AND SEVERABILITY, AND AN EF- FECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspec- t 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 maters 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 prior 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 to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiaml 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'0 Ice. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Poiaski, Deputy Clerk (SEAL) July 77. 2009 _Not807i73