Loading...
Agenda 11/13/2018 Item #16D1811/13/2018 EXECUTIVE SUMMARY Recommendation to direct the County Attorney to advertise and bring back for adoption at a later meeting an Ordinance creating the Vanderbilt Waterways Municipal Service Taxing Unit (MSTU) for the short-term dredging of Water Turkey Bay as well as the long-term maintenance of the channel. OBJECTIVE: To create a funding source for the dredging of Water Turkey Bay for the benefit of the property owners located on the Vanderbilt Lagoon. CONSIDERATIONS: On October 23rd, the Board of County Commissioners (Board) approved Agenda Item #11F outlining the plan for the dredging of Water Turkey Bay which is essentially impassable in three locations. Typically, the County does not dredge inland water bodies, such as this one, that do not benefit the entire population, and the affected property owners are aware that the dredging is their responsibility. As a result, the community approached the County with the request that the County establish an MSTU to raise the funds required to dredge the waterway on its behalf. The Item approved on October 23rd included directing the County Attorney to prepare an ordinance creating the MSTU which will (1) over time reimburse the County for the initial short -term dredging project and (2) provide a funding source for long-term maintenance of the channel. The proposed Ordinance establishes the Vanderbilt Waterways MSTU which will levy and assess a tax not to exceed one mil against taxable property within the MSTU area. The MSTU area is depicted and defined in Exhibit “A” to the Ordinance. The Ordinance also creates an advisory committee which will make recommendations to the Board about the short-term and long-term maintenance needs for the waterways within the MSTU area. The committee will consist of five (5) property owners residing in the MSTU area. If this item is approved, the proposed Ordinance will be advertised and brought back for adoption at the next Board Meeting. FISCAL IMPACT: The advertising costs are expected to be no more than $400. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. LEGAL CONSIDERATIONS: This item was prepared by the County Attorney’s Office, is approved as to form and legality and requires a majority vote for Board approval. - ERP RECOMMENDATION: To direct the County Attorney to advertise and bring back for approval at a later meeting an Ordinance creating the Vanderbilt Waterways MSTU for the short -term dredging of Water Turkey Bay as well as the long-term maintenance of the channel. Prepared By: Emily R. Pepin, Assistant County Attorney ATTACHMENT(S) 1. October 23 Agenda Item 11F (PDF) 2. Water Turkey Bay MSTU Ordinance CAO signed (PDF) 16.D.18 Packet Pg. 1834 11/13/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.18 Doc ID: 7184 Item Summary: Recommendation to direct the County Attorney to advertise and bring back for adoption at a later meeting an Ordinance creating the Vanderbilt Waterways Municipal Service Taxing Unit for the short-term dredging of Water Turkey Bay as well as the long-term maintenance of the channel. Meeting Date: 11/13/2018 Prepared by: Title: Division Director - Pub Tran & Nbrhd Enh – Public Transit & Neighborhood Enhancement Name: Michelle Arnold 10/29/2018 7:55 PM Submitted by: Title: Division Director - Pub Tran & Nbrhd Enh – Public Transit & Neighborhood Enhancement Name: Michelle Arnold 10/29/2018 7:55 PM Approved By: Review: Public Services Department Kimberley Grant Level 1 Reviewer Completed 10/30/2018 8:51 AM Zoning Gary McAlpin Additional Reviewer Completed 10/30/2018 1:46 PM Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 10/30/2018 4:02 PM Public Services Department Todd Henry Level 1 Division Reviewer Completed 10/30/2018 4:34 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 10/31/2018 8:19 AM County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 11/05/2018 11:02 AM County Attorney's Office Emily Pepin CAO Preview Completed 11/05/2018 11:03 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/05/2018 11:06 AM Grants Therese Stanley Additional Reviewer Completed 11/05/2018 12:19 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/05/2018 3:28 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 11/06/2018 9:20 AM Board of County Commissioners MaryJo Brock Meeting Pending 11/13/2018 9:00 AM 16.D.18 Packet Pg. 1835 rU.tr.r\ ro Iro /t-) 2OI7.I8 TOUzuSM AGREEMENT BETWEEN COLLIER COTINTY AND THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CATEGORY'A" BEACH PARK FACILTTIES PROJECT THIS AGREEMENT is made rnd entered into this - day of -,2017, by and benlccn the Florida Dcpartment of Environmental P?ot€otior ('GRANTEE OR 'TDEP") and Collier County, a politicd suMivision of tho State of Ftorida ("COUNTY"). RECTTALS: WHEREAS, FDEP has submittc{ a grant application for Category "A" Tourist Developmcnt Tax Funds fu lhe aggrogate amount of sixty-seven thousaad dollars for thc Installation of the T-2 Flcx Auto Count Systcm for fiscal year 2017-2018 as describcd in Exhibit "A" to this Agecmcnt ("Project"); and WHEREAS, tho COUNTY &urcs to fund thc Pmjcct as s vslid and worthwhile pubLic purposo and finds that thcse expenditurcs plomotc toulism. NOW, THERETORE, BASED UPON THE MUTUAL COVBNANTS AND PREMISES PROVIDED HEREIN AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: l. SCOPE OF WORK. GRANTEE prepared a dotailcd application and proposal outlining the Project to bc accomplisbed, along with a prcject budget, as part of the grant application pmcess, hoeinaffet refened to as "Proposal," attachcd as Exhibit 'A.- GRANTEE shall providc tlre project &ctivitles outlined in thc Proposal wrthin the budgcted srnoutrts Ptovidcd in thc Proposal, GRANTEE shall not bc reimbursed for any expenditures nol includod ia thc Proposal nor bc rcinburscd for amounts in exccss ofthosc provided in tho Proposal unless an amcndment to this Agrccmcnt is cntoed into by GRANTEE and COUNTY. [200s-00 t/r336 r31/rl @I 2. PAYMENT AND REIMBURSEIvIENT, The aggregatc maximum reimburscmcnt undcr this Agccmcrrt shall bc sixty-scvcn thousand dollus ($6?,000) GRANTEE shall bc paid in accordance with the fisoat proccdues of COUNTY upon submittal of an invoioc ald upon vcrifcation lhat thc services describcd in thc invoice arc complotcd or that goods havc been rcccived, 2.1 GRANTEE shall dcctminc that the goods and Ecreioes havc been properly pT wided aad shall submit invoiccs to thc county Manager or his dcslgncc. The coulty Managcr, or his designcc, shall determinc that the invoicc paymq s ac authorizcd and thc goods or scrviccs covcrcd by such invoicc havc bccn proviilcd or performcd in accordance with sudr authorization. The budget for thc tnstallation ofthe T-2 Flex Auto Count Systcm, atlached as Exhibil 'ts,- shall constitutc anthorization of thc expcnditure derrtbcd in thc invoiocs provided that such cxpcnditure is madc in accordarce with this Agrccmcnt. 2.2 Each invoicc submitrcd by oRANTEE shall be itemizcd in sufficicnt dctail for audit thcroof and shall bc supportcd by copies of concsponding wndor invoices and proof of rcceipt of goods or perfonnanoe of the serviccs invoiccd. GRANTEE sh8[ cenify in writing that all subcobttsctors and vendon havc becn paid for work and matcrials ftom previous psymodts rcceived prior to rcccipt of any firthcr paymcnts. COIrNTY shall not pay CRANTEE until $e Clcrk of thc Board of County Comrtrigsioners prc-audits payment iDvoices in accordance with thc law. 2.3 GRANTEE shall bc paid for iB actual cost not to exoccd thc maximum amounl budgctcd pususnt to thc attaohed Exhlblt 'B." 3. ELIGIBLE EXPENDITURES. Only cligiblc expcnditures describcd in Proposals will be paid by coUNTY. Any cxp6difilc5 paid by couNTY which arc later dccmcd to be ineligiblc a[2005-001/r33E l3li r ]@) expenditures shall bc repaid to COUNTY within thiry (30) days of COUNTY'S written rcqucsl to repay said funds. COLNTY may requost repayrnent of fim&fora period ofup to one(1) year ater termination of this Agrecment or any cxtensiod or rencwal thcr6of' 4. PAYMENT REQUESTS. Paymenl tequests for interim &aws and hnal paymont must be submittrd to the County in thc form ofthc Rcqucst for Funds form attaohod to this Agreenaent as Exhibit "C." All payments arc oB B reimbursement basis oaly afler proof ofpaid invoicas ere prcscntcd to the County. Cormty m8y wittrhold any inlerim draw for fsrlue to providc the intcrim status report, and County slrall withhold final payment until receipt of the final status report or other final rcport aoccptablc to County' All involces arl(l requcsts for payment including the final payment must be taceived within sixty (90) days of tcruiution of this Agrocment. Aay invoices aad requcsr for payment not rcccivetl in this timc frame shall bc rcfimed to the Grsntee and reje.cted for payment. 5. INSURANCE. GRANTEE is requircd to submit a Certificate of Insurance naming Collier County, and its Boud of County Commissioncrs and the Tourist Dcvclopment Council as additional insured, The insurancc covarBgss identified in thc Certificare of Insuranoe shall bc maintained without inteEuption &om the date of commcqcement of the Projects until the darc of cornpletion of alt Prcjects required hueunder ot as sPecift?d in this Agrecment, whlchever is longcr. The Ccrlificate of Insurancc shall be issued by a company licensed in the StBte of Florida, with a currcnt A.M. Bcsl Filancial raling of "Class VI" or higher, aad provide General Liability Irsurance for no loss thaa the following amount: Bodily Injury Liability - $300,000 each claim per pcrson Prcpcrty Damage Liability - $300,000 cach olaim pcr person Penonal Iojury Liability - $300,000 cach claim por person Worke/s Compensation and Employeis Liability - Statutory 3[200s.00rn]38 r31i rl @ The CErtificate of lnsurmce must bc dclivcrcd to thc County Manager, or bis dcsigncc' witbin ten (10) days of oxccution of this Agrccmcnt by COUNTY. GRANTEB strall not commcnce activities which are to bc fundcd pursuant to this Agl€emcnt untit COLINTY has received the Certifi cate of Insuranoe. 6, CHOICE OF VENDORS AND FAIR DEALING. GRAI'ITEB mav selcct vcndots or $ubconsactors to prolido scrvicos as describcd in Proposal. COUNTY shall not bc re.sponsible for paying vendors and shall not be involved in thc sotcction of subcoatraotors or vcndots. GRANTEE agrccs to disclosc any rclatioruhip bctween GRANIEE and subcontraotorg and./or vcodors, including but not limitcd to, similar or rclated cmployccs, agcuts, offigcrs, dircctors and/or shareholders. COLNTY may, in its discretion, objcct to thc rcaeooablenc$ of the expenditurcs and requirc ropayxocnl if invoiccs have besn paid under ttris Agrcemcot fot unrcasonable expcnditures. The rcrsonablcncss ofthc cxpcndiulcs shall bc based otr industry standards, 7. IN'DEMNIFICATION. To lhc cxtcnt permittcd by lrw, ORANTEE shall hold harmlcss a.od dcfcnd COLINTY, and its agents and employccs, from any and all suits and actions includilg sttomcys fces and all costs of liliBation and iudglrcnts of any narne 8nd dcscriptioa arlsing out of or incidenhl to tttc pcrfonnaocc of this Agrcemcut or work pcrformcd thercundcr. Thls provision shall also pcrtain 1o any claims bmught agrinst thc COUN'fy by any cmployee of the uamed ORANTEE, my subcontsactor, or uryone directly or indircctly employed or alhorized to paform work by any of them. GRANTEE S obligation uader this provisioa shall not bc limitod in any way by the agrccd upon Agreemcnt price as ghown ia this Agrcomcnt or ORANTEES llmit of, or lack of, suffrciez:t irsurancc proEction, Howcvcr, nothing containcd herein shall operatc to waivc thc sovercign immunity or limits of liability of eithcr party, 4 @[2005-00r/ r338 r3 t/u 8, NOTICES, All notises ftom COLJNTY io GRANTEE shall be in writing and deemed duly served if mailed by rcgistered or certilied maillo GRANTEE at the following addressl Mr. Zachary Lozano, Park Muuger do Delnor-Wiggins Pass Sldc Park 1l i35 Gulf Shorc Ddve Naples, FL 34108 Zachary,lozano@op.state,fl.us All notices from ORANTEE to COUNTY shall be in writing and deemed duly scwed if mailed by registercd or certiflcd mail to COTNTY at the following address: Mr, Bsry Williams, Dire.otor CoIIicr Couuty Parks md Recrestiou I 5 000 Livingston Road Naples, Florida 34109 barrywilliamr@colliergov.net ORANTEE and COUNTY may chauge their above marling address at any timc upon giving the othor par{y writtcn notlfication purruont to thls section, 9. NO PARTNERSHIP. Nothing hercin containcd shall bc construed a8 crcating s partncrsbip bstwecn COUNTY and ORANTEE, or its vendor or subcontactor, or to cosstitute GRANTEE, or its vendor o! subcooractor, BB an agcnt o! cmployec of COUNTY. 10. TERMINATION. COUNTY or GRANTEE may cancel this Agroemcnt wilh or without causc by giving thirty (30) days advance w tton notic€ ofsuoh termination pusuatl to Section 8 and specifying the effective date of trrmination. If CO1INTY tsrmlmtcs ttris Agreement, COIINTY will pay GRANTEE for all expcnditucs inoune4 or coutractual obligations incured with suboontractors end vcndots, by GRANTEE up to thc cffeotive date of the termination so long as such cxpenses are eligible, 11, GENERAL ACCOUNTING. GRANTEE is rcquircd to maintain complctc and aocurate accounting records and kccp tourism tourist development t6x funds in a separate checking 5 @ [2005-00l/1338 r31/1] account, All rovenue related to thc Agrecmcnt should be rccordcd, and all orpenditurB must be incuned within thc tlrms of this Agreemcnt. 12, AVAILABILITY OF RECORDS. GRANTBE shsll maintain rccords, books, documents, papcrs and financial information pcrtaiaing to work pcrformcd undcr this Agrcsment. ORANTBE agr.cs that COLNTY, or aoy of its duly authorizcd rcprescntativca, shall, utit thc expiration of thrcc (3) ycars after fmal paymcnt undsr this Agrccmcul, havc acccss to, and thc right to cxaminc and phoiocopy any PertineDt books, documctrts, pspe$, md recor& of GRANTEE involving transaclions rclatcd to this AgrcemcnL 13. AVAILABILITY OP FUNDS; This agroemont is subjcct to thc availability of Tourist Development Tax rcvonues. If for any roason tourist to( fimds alc not available to firnd all or part of this agrccment, thc COUNTY may l&on writtco noticc, at ary time dudng lhe tctms of this agrccment, and at ils sole disclction, rcducc or otiminatc funding undcr lhis agement' 14. PROIIIBffiON OF ASSIGNMENT. GRANTEE shall not assign, convey, or lnosfcr in whotc or in part its interest in this Agreemcnt without ths prior wdftcn conscnt of COIJNTY' 15, TERM. This Agrrancnt slull becomc cfcctive on Oclobcr t, 2017 and shall remain effective until Eixty (60) days aftu oompletion of the Projcct doscribcd in Exhibit "A'r, but no latcr than Novcmbcr 29,2018 I 6. AMENDMENTS, Tlris Agrccmcnt may only bc arnendc.d in writing by mutual agreemcnt of ths parlies and afrer rccommendation by the Tourist Developmcnt Council. l'1. REQUEST FOR EXTENSION. Any rcqucst for additionol time to c,ompletc the Fojeot dcsoribcd hercin or any rcqucst for additional tourist dsveloPmeN ta"{ flmds must be made in writing and rcccivert by thc county Managcr or <lcsignce at lcast thirty (30) days prior to the end date of this Agrecment as provided in Sectlon 15, TERM' 6[2005-00 ri 1338131/] ] @ 18, RECORDATION. This Agccma:t shall bc rccordcd in thc public rccords of Colliu County, Florid8. IN WITNESS WHEREOF, GRANTEE and COUNTY havc cach rcspcotivslv, by an authorized person or ageol" hcrcuodet sct thcir hantls and seals on thc date aud yoar ftrst abovc writtcn. DATED: ATTEST: DWICHT E. BROCK, Cterk BOARD OF COUNTY COMMISSIONERS COLLIER COI.INTY, FLORIDA By:By: , Dcputy Clerk Approvcd as to form and lcgality: PENNY TAYLO& Chairman Collccl: M, Grcenc Assistant County Attomey GRANTEE: Stlle of Florid& Dcparlmc t of Environmcntal Protection By; Valinda Subic, District 4 Burcau Chief County of ,iarn.!Otn, The foregoing t was aoknowledged before mc this &1 day of by who is personally known I ORwho idcntihcation. Type of identification produced: (Aflix notary seal) oury Public Notary typed or U^r^^-Pr-S- Jt----.-, 2017, LISA A. HARPER MY COMMISSTON I Ftl732aa liXPlR.ES: OGLa.t 30, 2!l I [2005-001n 338r] vll 7 My Commission @ Statc of Florida H(I,IBTT"B" BUDGET - FLORIDA DEPARTMBM OF ET..IVIRONMENTAL PROTECTTON 367,0000,00Inrtallation ofthc T.2 Ftox Auto Couot SystrE Dolnor-Wiggins Pass Statc Part AcORBGATETOTAL $67,000.00 B 005401/t 3381 3r /11 @ EXHIBIT"C' REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEYELOPMENT COIJNCIL EYENTNAME ADDRESS ORGANIZ{TION CONTACT PERSON TELE}HONE ( TO REQUEST# O INTERIM REPORT 0FINALREPORT TOTAL CONTRACT AMOTINT S EXPENSE BI,IDGET REIMT}URSI:,MENT REOUT{,S'TEI) TOTALS NOTEr Rclnbuncmlut ol trnds eurt ltay rrltiln (ho cornnc! of tie Projlct E pcntlr oulllncd h your alrpllcatlon. Coplcr ol pald lnvolcGr, caDcGllcd chml(!, t!{r rhrelt' prlntcd ismpleI or othcr backup tnlorrarthn to subltrntlrri prymaot OMtsccomproy rcquctt for ruDd!. Ttc fothwlnt lvltl trot be rcccptcd for prymantt! strlcmclh h phcB of irvolcc!; chcsk or lnvo,crs oot datodi tcar thccts vlthout datq company or orSrr&allon! ntmc. A tclr rhcct ir rcqulr?d for ctch 8d for trcb dlyorrlollth ofpublhadoo. A proolol a$ ad 1Illl not b! rcccplGd, Escb sddllloorl rcgu6t aor pryErrt tubtcquort to tbc flrsa rcqua!t' G.snlce h r.quircd to subrllt vcrtllqtlon h wrlllrg ttll ,ll $bcortrrclorr snd vcodon hrvc b.en peld for work rnd matcrhk plcYloutly perforncd or rccciyed prlor lo rccelpt ofroy firrthcr psymentr. If proJrcl budgct har rpcclflc cllcgorle! wlth rot dollrr llmlt!' the Crentle b rcqulr.d to hcludg 8 rprlEdrhcel to Jhow whlch catltory c8ch lnvolcc ls bchg prld fron rlrd totrl ofcrt€gory beforr paym?nt crr be mrdc to Gnltlc. Otgrllzitlons rccaivhg n ndlng stould lrk! lnto conlidcrrtlon that ia wlll lrke r moxlmum of45 drys for lhc CouDty to procsrs r cho€L FurnlthlnS frh. hformatloo nsy conrtltua6 a vlohtlon o, rppllcrble St tealld FcdGrellrwr. CDRTIFICATION OF FINANCIAL OFRICf,RT I c.rtlfy ihit thc rbovc informrtion h corrccl Drted on our oflichl rccounthg ry5tcm lnd rccords, coorlrtrntly rppllcd and mrhtahcd rDd thtt the cosl thown brys bocrl mrd. for thc purpolc ofrlrd ln rccord!trco wltlr, tbo tcrllr ofihc coDtracl ThG fundr r€quataed trt for rclmbutlemont ofscturl oort nrdr durlng thli tlmc pcrlod. SIGNATURE TITLE REQUESTPERTOD rROM_ @{2006-001/1336131/11 10/23/2018 EXECUTIVE SUMMARY Recommendation to approve the expenditure of up to $50,000 for professional engineering services to develop a conceptual plan that provides temporary shallow draft boat access into Vanderbilt Lagoon via Water Turkey Bay and authorize the County Attorney to prepare for public hearing an ordinance establishing the Vanderbilt Waterways Municipal Service Taxing Unit (MSTU) to raise funds needed to reimburse the County for project expenses and long-term maintenance of the channel. OBJECTIVE: To provide professional engineering services to develop the scope, cost and permit requirements needed to develop a plan to dredge Water Turkey Bay and authorize the County Attorney to prepare for public hearing an ordinance establishing the Vanderbilt Waterways MSTU prior to December 31, 2018 to raise funds needed to reimburse the County for project expenses and long-term maintenance of the channel. CONSIDERATIONS: The Water Turkey Bay Channel branching south from the Wiggins Pass channel and leading to Vanderbilt Lagoon is essentially impassable in three locations and requires some level of dredging. The County’s policy has been that the County does not dredge inland water bodies that do not serve/benefit the entire population. This channel provides a direct benefit to a specific population of property owners, boaters and end users within Vanderbilt Lagoon currently known as the “Vanderbilt Waterways Group.” This shoaling is not a new occurrence. The Water Turkey Bay Channel has been shoaling in for the past 20 years, and residents and boaters have been repeatedly informed that dredging is their responsibility. This shoaling is not the result of Hurricane Irma. Recently, the Vanderbilt Waterways Group has been discussing with the County the possibility of establishing a MSTU to maintain this waterway. Property owners within the Vanderbilt Waterways Group have been inquiring about the feasibility of resolving this issue through a private/public partnership with the County. However, all proposed solutions would most likely require the County to permit and dredge the Water Turkey Bay Channel. This would establish an unwanted precedent of the County dredging interior channels with limited public benefit. The long-term solution is for the County to continue to work with the Vanderbilt Waterways Group to establish a “County Directed MSTU” to maintain the channel and waterway. A recommendation to address the immediate shoaling issue in the short-term would be to involve County Staff to lead the effort to: Provide temporary shallow draft boat access, including the following tasks: Work with State and Federal agencies to obtain emergency permits to dredge the three locations that are currently impassable. Survey the channel to determine if beach-quality sand exists, dewatering/disposal methods, quantity, and location of material to be removed along with a conceptual cost estimate. Develop a dredging plan that only removes material in the three impassable locations with the expectation that this is a temporary solution and will need to be funded by an MSTU maintenance plan. Complete the construction phase for the emergency dredging. Establish a County directed MSTU to refund the temporary dredging activities as well as long-term 16.D.18.a Packet Pg. 1836 Attachment: October 23 Agenda Item 11F (7184 : Vanderbilt Lagoon Dredging MSTU) 10/23/2018 boater access maintenance to Vanderbilt Lagoon: Obtain Board approval for the County to establish a Vanderbilt Waterways MSTU to reimburse the internal or external loan for short-term activities required to provide for temporary as well as long-term boater access maintenance of Vanderbilt Lagoon prior to December 31, 2018. Work with the Vanderbilt Waterways Group to obtain the community support for the establishment of this County directed MSTU for long-term maintenance of Vanderbilt Lagoon. FISCAL IMPACT: Consistent with past practices, benefitting property owners are responsible for the cost of dredging inland water bodies that serve them. Accordingly, project expenses would be funded or reimbursed by a County directed Vanderbilt Waterways MSTU. To expedite the project, an internal County loan for engineering services would be provided. Funding of the dredging work could be provided by internal or external financing. An advance from Unincorporated Area General Fund reserves in the amount of $50,000 is necessary to fund the requested study and this advance will be re-paid by the district after its formation. If approved, staff will create the appropriate account structure and process all necessary budget amendments. The initial estimated cost to conduct the emergency dredging is expected to exceed $1,000,000. An updated project cost estimate and project funding alternatives will be presented to the Board at the end of the conceptual plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. - CMG RECOMMENDATION: 1. Authorize the expenditure of up to $50,000 for professional engineering services to develop a conceptual plan that provides temporary shallow draft boat access into Vanderbilt Lagoon via Water Turkey Bay and to develop parameters for the establishment of a Municipal Service Taxing Unit to reimburse the County for expenses incurred and authorize necessary Budget Amendments. 2. Authorize the County Attorney to prepare for public hearing an ordinance establishing the Vanderbilt Waterways MSTU prior to December 31, 2018. Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees and Program Management Division ATTACHMENT(S) 1. Vanderbilt Dredging Area 18226 (PDF) 16.D.18.a Packet Pg. 1837 Attachment: October 23 Agenda Item 11F (7184 : Vanderbilt Lagoon Dredging MSTU) 10/23/2018 COLLIER COUNTY Board of County Commissioners Item Number: 11.F Doc ID: 6983 Item Summary: Recommendation to approve the expenditure of up to $50,000 for professional engineering services to develop a conceptual plan that provides temporary shallow draft boat access into Vanderbilt Lagoon via Water Turkey Bay and authorize the County Attorney to prepare for public hearing an ordinance establishing the Vanderbilt Waterways Municipal Service Taxing Unit (MSTU) to raise funds needed to reimburse the County for project expenses and long-term maintenance of the channel. (Gary McAlpin, Coastal Zone Management) Meeting Date: 10/23/2018 Prepared by: Title: Accountant – Capital Project Planning, Impact Fees, and Program Management Name: Gail Hambright 10/16/2018 2:16 PM Submitted by: Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program Management Name: Amy Patterson 10/16/2018 2:16 PM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 10/16/2018 2:32 PM Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 10/16/2018 3:23 PM Procurement Services Ted Coyman Additional Reviewer Completed 10/16/2018 3:39 PM Public Transit & Neighborhood Enhancement Michelle Arnold Additional Reviewer Completed 10/16/2018 5:36 PM Zoning Gary McAlpin Additional Reviewer Completed 10/16/2018 6:01 PM Growth Management Operations Support Heather Meyer Additional Reviewer Completed 10/17/2018 7:50 AM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 10/17/2018 8:04 AM Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 10/17/2018 9:09 AM Grants Erica Robinson Level 2 Grants Review Completed 10/17/2018 9:17 AM County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 10/17/2018 9:50 AM Growth Management Department Gail Hambright Deputy Department Head Review Skipped 10/17/2018 9:51 AM Growth Management Department Jeanne Marcella Department Head Review Completed 10/17/2018 10:00 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/17/2018 10:03 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 10/17/2018 10:46 AM 16.D.18.a Packet Pg. 1838 Attachment: October 23 Agenda Item 11F (7184 : Vanderbilt Lagoon Dredging MSTU) 10/23/2018 Grants Valerie Fleming Additional Reviewer Skipped 10/17/2018 10:47 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/17/2018 11:12 AM County Attorney's Office Emily Pepin CAO Preview Completed 10/17/2018 2:08 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 10/17/2018 4:41 PM Board of County Commissioners MaryJo Brock Meeting Pending 10/23/2018 9:00 AM 16.D.18.a Packet Pg. 1839 Attachment: October 23 Agenda Item 11F (7184 : Vanderbilt Lagoon Dredging MSTU) ORDINANCE NO.2018- AN ORDINANCE OF'THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CREATING THE VANDERBILT WATERWAYS MUNICIPAL SERVICE TAXING UNIT IN ORDER TO PROVIDE DREDGING SERVICES FOR WATER TURKEY BAY; PROVIDING FOR THE BOARD OF COUNTY COMMISSIONERS TO BE THE UNIT'S GOVERNING BODY; PROVIDING FOR FUNDING AND THE LEVY OF AD VALOREM TAXES NOT TO EXCEED ONE (1) MIL; PROVIDING FOR THE COLLECTION OF TAXES; CREATING AN ADVISORY COMMITTEE; PROVIDING FOR TERMS OF OFFICE OF THE COMMITTEE; PROVIDING FOR OFFICERS, QUORUM' AND RULES OF PROCEDURE; PROVIDING FOR FUNCTIONS POWERS' AND DUTIES OF COMMITTEE; PROVIDING FOR DUTIES OF.THE COUNTY MANAGER; PROVIDING FORINCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Water Turkey Bay has been shoaling for the past 20 years and is essentially impassable in three locations which will require dredging; and WHEREAS,thepropertyownerswithintheVanderbiltLagoonwhichisaccessedvia water Turkey Bay have reached out to collier county to establish a county-directed Municipal Service Taxing Unit to provide the funding to address the short-term and long-term shoaling issue in Water Turkey BaY; and WHERXAS. on October 23, 2018, the Board approved moving forward with the creation of the MSTU to fund the shon-term dredging and to provide funding for the long-term marntenance of the Vanderbilt waterways. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY' FLORIDA' that: SECTIONONE: AuthoritY. This Ordinance is adopted pursuant to the provisions of Section 125.01, Florida Statutes, and other applicable provisions of law. SECTION TWO: Creation of the Municipal Service Taxing Unit' There is hereby created and established the vanderbilt waterways Municipal Service Taxing Unit, hereinafter referred to as the "MSTU." The property subject to the MSTU shall be all orooerties within the boundaries as described on the attached Exhibit "A'" Page 1of 5 @ 16.D.18.b Packet Pg. 1840 Attachment: Water Turkey Bay MSTU Ordinance CAO signed (7184 : Vanderbilt Lagoon Dredging MSTU) SECTION THREE: Purpose and Governing Body, The MSTU is created for short-term dredging of Water Turkey Bay to allow for boat access and to create a funding mechanism for the long-term maintenance of the Vanderbilt Lagoon and associated waterways within the MSTU boundaries as described on Exhibit "A." The goveming body of the MSTU shall be the Board of County Commissioners of Collier County, Florida. SECTION FOUR: Funding and Lery of Taxes. For the purpose of implementing this Ordinance, the Board of County Commissioners shall annually, at the time required by general budgetary law, make an itemized estimate of the amount of money required to carry out the business of the MSTU for the next fiscal year, which shall be liom October 1 to and including the following September 30. The estimate shall describe the purpose for which the monies are required and the amount necessary to be raised by taxation within the MSTU. At the time and place for fixing the annual rate of taxation for County purposes, the Board of County Commissioners shall fix and cause to be levied a millage rate not to exceed one (1) mil on all properties subject to taxation within the MSTU. SECTION FIVE: Tax Assessment and Collection. Taxes herein provided for shall be assessed and collected in the same manner and form as provided for the assessment and collection of general County taxes and subject to the same fees for assessing and collecting as general County taxes. SECTION SIX: Creation of the Vanderbilt Waterways Municipal Service Taxing Unit Advisory Committee, Appointrnent and Composition. A. There is hereby created and established the Vanderbilt Waterways Municipal Service Taxing Unit Advisory Committee, hereinafter referred to as the "Committee." B. The Committee shall consist of five (5) members which generally 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. Members shall be permanent residents within the MSTU and electors of Collier County. 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 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 incuned in the performance oftheir duties upon prior approval of the Board of County Commissioners. Page 2 of 5 @ 16.D.18.b Packet Pg. 1841 Attachment: Water Turkey Bay MSTU Ordinance CAO signed (7184 : Vanderbilt Lagoon Dredging MSTU) SECTION SEVEN: Terms of Office of the Conmittee' The initial terms of office of the Committee shall be as follows: A. Two (2) members shall be appointed for a term of two (2) years' B. Three (3) members shall be appointed for a term of four (4) years' Thereafter,eachappointmentorreappointmentshallbeforatermoffour(4)years. Appointments to fill any vacancies on the Committee shall be for the remainder of the wrexpired term of office. SECTION EIGHT: Officers of the committee, Quorum and Rules of Procedure. At its earliest opportunity, the membership shall elect a chair and vice-chair. officers' terms shall be for one (1) year, with eligibility for re-election. The presence ofthree (3) or more members shall constitute a quorum. The Committee may form sub-committees as it deems fit' All meetings of the committee and any sub-committee shall be open to the public' with reasonable notice Jfsuch meetings given; shall be held within collier county; and shall follow Robert's Rules ofOrder for the transaction ofbusiness, with minutes ofthe meetings taken and promptly recorded with the clerk. The county Manager shall appoint a staff liaison to the committee, who shall be responsible for the administration of the Committee. The members of the Committee shall serve without compensation, but may be reimbursed for travel, mileage, andior per diem expenses if approved in advance by the Board. Committee members attendance requirements, including failure to attend meetings and member removal from office are govemed by ordinance No. 2001- 55, as it may be amended or by its successor ordinance' SECTION NINE: Functions, Powers and Duties of the Committee' The functions, powers and duties of the Committee shall be as follows: A.ToaidandassisttheBoardofCountyCommissionersincarryingouttheMSTUas set forth in this Ordinance. B. To prepare and recommend to the Board of County Commissioners an itemized budget of the amount of money require to carry out the business of the MSTU for the next fiscal y"ur. In carrying out this responsibility, the Committee shall, no later than April 1't of each year, meet with the county Manager or his designee and outline to the county Manager or his designees those proj ects 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 vtsru, 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 t" ir*rrnitt"dthtough the County Manager or his designee to the Board of County Commissioners for adoption in accordance with the procedures for the adoption ofbudgets set forth under general law and the Board of County Commissioners' policy. Should the Committee fail to approve the Page 3 of 5 @ 16.D.18.b Packet Pg. 1842 Attachment: Water Turkey Bay MSTU Ordinance CAO signed (7184 : Vanderbilt Lagoon Dredging MSTU) budget by June i't ofeach year, the County Manager or his designee shall be authorized to submit a proposed budget to the Board of County Commissioners. c. The committee shall recommend work programs and priorities to the county Manager or his designee in accordance with the adopted budget or budget amendment which may be adopted by the Board of county commissioners. The execution of work programs shall be under the direct supervision and responsibility ofthe county Manager or his designee. 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 Designee' The duties ofthe County Manager or designee are as follows: A. To aid and assist the Board and committee in carrying out the purposes of the MSTU in accordance with established practices and policies of the Board of county Commissioners and as set forth in this Ordinance; B. To prepare and recommend an itemized annual budget of the amount of money required to carry out the business of the MSTU for the next fiscal year in accordance with this Ordinanee; C. To provide periodic written reports to the Committee and the Board of the activities of the MSTU and its finances in accordance with established guidelines of the Board andior the Committee; and D. Attend all Committee meetings. SECTION ELEVEN: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 this 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 porlion. SECTION TWELVE: Inclusion in the Code of Laws and Ordinances' The provisions ofthis Ordinance shall become and be made a part ofthe Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- Iettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. Page 4 of 5 @ 16.D.18.b Packet Pg. 1843 Attachment: Water Turkey Bay MSTU Ordinance CAO signed (7184 : Vanderbilt Lagoon Dredging MSTU) SECTION THIRTEEN: Effective Date. This Ordinance shall be effective upon filing with the Florida Department of Stete. pAssED AND DULY ADOPTED by the Board of county commissioners of collier County, Florida, this - daY of ATTEST: CRYSTAL K. KINZEL, Clerk By: , Deputy Clerk Approved as to form and legalitY: 2018. BOARD OF COIJNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Andy Solis, Chairman Page 5 of 5 16.D.18.b Packet Pg. 1844 Attachment: Water Turkey Bay MSTU Ordinance CAO signed (7184 : Vanderbilt Lagoon Dredging MSTU) Exhibit A 3 3 ! E s F T I ! B 3s 3€ E? R i 3 E E DESCRIPTION A TRACT OR PARCEL OF LAND LYNG SECTONS 20 AND 29, TOWNSHP 48 SOUTI], RANGE 25 E,AST, COLLIER COUNTY, FLORIDA, SAD TRACI OR PARCEL BENG MORI PARTICULARLY DESCRBEO AS FOLLOWS BEGNNNG AT THE NORTHEAST CORNER OF SAID SECTON 29 ALSO BENG A PONT ON THE CENTERLINE OF VANDERB LT DR VEI THENCE THE FOLLOWING TWO EEARINCS AND D STANCES ON SAD CENTERLNE: I S O]'JJ 50 E, FOR 5 218 22 FEETI 2 S 00 J7 49'E , FOR I 849 90 FEET TO AN NTERSECT ON W TH THE CENTERL NE OF VANDERB LT BEACH ROADI THINCE N80'07'OJ"W, ON SAIO CENTERLNE FOR 182J09 FEET TO AN NTERSECTON WITI.I THE CENIERLNT OF GULF SHORE DR VEi THENCE THE FOLLOWING SEVEN BEARINGS AND D STANCES ON SAID CENTERLNE 1 N 0E 0J l0 W FOR 147J.88 FEET I0 A POINT ON A CURVE| 2 NORTHERLY 3,7988E FEIT ALONG THE ARC OF A NON_TANGENTAL CL.JRVE TO TI]E LEFT HAVNG A RADUS OF J2,A26 41 FEE] THROUGH A CENTRAL ANGLE OF 06'47,46" AND EEING SUATENDED BY A CHORD \IHICH BEARS N 1 1 27 21"W FOR 3,796 65 FEET; J N ]4'5]'OJ"W FOR 50OO FEET TO A PONT OF CURVATURE, 4 NORTHERLY 24436 FEEI ALONG THE ARC OF A TANCENTAL CURVE TO THE RGHT HAVNG A RADIUS OF 35001 FEET THROUGH A CENTRAL ANGLE OF 4O'OO'OO" AND BENC SUBTENDEO BY A CHORD WHCH BEARS N O5'OE'57''E FOR 2J9 42 FEET; 5 N 25 08 57"E, FAR 2A412 FEET TO A POINT 0N A CURVEi 6 NORTHERLY J1J81 FEII ALONG THE ARC OF A NON.TANCENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 45568 FEET TI]ROUGH A CENTFAL ANGLE AF J9'2]'25" AND BENG SUBTENDEO BY A ChORD WHCH BEARS N05'09'11''E FOR JO7 65 FEET, 7 N 14 50 09"W , FOR 827 48 FEET T0 AN NTERSECTION W TH THE SOUTH L NE 0F SA D SECT ON 29i THENCE N 89'52'20'W, ON SAO SOUT]] LNE FOR 37 40 FEfI TO AN INTERSECTION WITH THI SOUTHERLY PROLONCATON OF TF]E WEST LINE OF VANDERB LT TOWERS, UNT 1 AS RECORDED N CONDOMNUM PLAT BOOK J, PAGE 40 SAD FUAL C RECORDS: THENCE N 11'40'OO''W, ON SAiD PROLONGATON ANO \!EST LINE OF SAID VANDERB LT TOWERS UNIT ], VANDERE LI TOWERS UNT 2 AS RECORDED IN CONDOMJNUM PLAT BOOK J, PAGE 120, VANDERB LT TOWERS, UNT 3 AS RECORDED IN CONDOM NIUM PLAT BOOK 4, PAGE 20 AND VANOERB LT SURF COLONY AS RECORDED N CONDOM N UM PLAT BOOK 14, PAGE 95, ALL BENG N THE PUBLC RECORDS OF COLLER COUNTY, FLOR DA, FOR ],OJ] 85 FEETi THENCE THE FOLLOWING FIVE BIAR NGS AND D STANCES ON THE NORTH LNE AND WEST LNE OF SAD VANDERB LT SURF COLONY: I N 03 48 50"E , FOR J40 00 FEET; 2 S86']]']O''E, FOR 75OO FEET TO A POINT ON A CURVEi J NORTHEASTERLY ]J] 74 FEET ALONC TI]E ARC OF A NON_TANGENTAL CURVE TO THE LEFT HAV NG A RADUS OF lOOOO FEET THROUCH A CENTRAL ANCLE OF 75'28'59" AND BENG SUBTENDED AY A CHORD WHCH EEARS N 56 04 25 E FOR 122 42 FEEI) 4 N 18'2OOO''E, FOR 3J2 16 FEET TO A PONI ON A CURVE, 5 NORTHEASTERLY 106 J7 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE RIGHT HAV NG A RADIUS OF lOOOO FEET THROUCH A CENTRAL ANCLE OF 60'56'54'' AND BENC SUBTENDED BY A CI]ORD WlICH BEARS N48'48J5"E FOR 101 4J FIET; THENCE N,79'17 1O'E, ON SAD NORTH LINE AND EASTERLY PROLONGATION THEREOF FOR 425 79 FEEII THENCE N 05 40 55'w, FOR 517 47 FEETi THENCE N 17 56 26"W, FOR 782 01 FEETj THENCE N262727'W, FOR 47050 FEETI THENCE N ]8'32'20''W, FOR ],067 47 FEET; THENCE NOO'04'2]"E, FOR 1,J7299 FEET; THTNCE N 65 19 14"E, FOR 253 27 FEfl THENCE S OO'04'21"W FOR ],J78 68 FEET| THENCE S 18'J2 20'E, FOR ],07] 87 FEET| THENCE S 26 27 27 E, FOR 871 82 FEETj THENCE S17'56'26"E, FAR 1,22/A3 FEET TO AN NTERSECTON WTH A JOG IN TI]E NORTH LNE OF WGGNS PASS LANDLNGS NO T AS RECOROID IN PLAT BOOK 10, PAGE 44, SAD PUELC RECORDS| THENCE SOO']4OO'E, FOR 2,06] 9J FEEI TO AN INIERSECTION WTH THI NORTH LNE OF SAID SECTON 29 THENCE S 89'52'20''E , ON SA D NORTI] L NE FOR 1,AOJ 75 FEEI TO ]HE POINT OF BEGINNING OF THE PARCEL DESCRIBED HIRE N] CONTANING 422 97 ACRES, MORE OR LESS BEARNGS MENTONED HERE NABOVE ARE BASED ON THE FAST TO EEAR S89'52'20"E NORTH LNE OF SECTON 29, TOWNSHIP 48 SOUIH, RANCE 25 VANDERBILT DREDGING LIMITS LYING IN SECTIONS 20 AND 29, TOWNSHIP 4E SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA 19503 S WeslV llaqes Padway Ve.ice Foida 34293 Phone (239) 597-0575 Far (239)597-0s73 LB No.:6952ENGINEERING J'B NUMEI R 080010 00 1 1 SECTION 20 TOWNsts P 4AS 25E S'ALE DATE 1/1 /1A TJD F !E NAME O1 SD SHEET (cAoJ 16.D.18.b Packet Pg. 1845 Attachment: Water Turkey Bay MSTU Ordinance CAO signed (7184 : Vanderbilt Lagoon Dredging MSTU) 5r331 J9 21 25'J07 65 c3 r06 37 WIGGINS PASS N79 17 r0T 425 79 N1A20 00'E 532 r6 s6611',10'E 75 0o N25 0A57'E 204 LEGEND POB = PO NT OF BECINNING CH = CHORD LENGTH CB = CHORD BEARING CPB = CoNDOMINUM PLAT BOOK DESC. = DESCRIPT ON AL = ARC LL-NGTH OR = oFFlclAL RICORoS BOOK PB = PLAT 800K PG = PAGE R = RADUS A = DELTA ANGLE NOTES: 1 THIS SKETCH IS NOT A SURVEY 2 BEAP NGS S-OV\N NTRION ARE BASEO O\ Tlt \OR-H LI\F OF SF''ON ,,9.-owNslrP 48 sou r , aaN0L ,/5 EAST TO BEAR S89'52'20"E 1 THIS Sft-CH DOES NOI MA^L ANr REPRESENTATION AS TO ZONINC OR DEVELOoVE\- ofcTRr.- 0NS ON tHL SUAJECT PARCEL I oaacE. , o\'Ar\s 425 97 ACRES MORE OR LESS I: |J3o o;; \ s1"'.t.I"*1}.i C 1 tll oo T I . E3 5 € $ Ex t ! q I E ! 3 I3 E : I I:. T MOTHY J DEVR ES DATE PROFESS ONAL SURVEYOR AND MAPPER FLOR DA CERTFCATE NO LS 6758 NOT VALD WTHOUT THE S GNATL]RE AND THE ORICNAL RASED SEAL OF A FLORDA LCENS SURVEYOR AND MAPPER VANDERBILT DREDGING LIMITS LYING IN SECTIONS 20 AND 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA 19503 S W6sl Villaq€s Pai{way, Veire Floida3-4293 Phon6 (23!)597'0575 Fax (239)597-0573 LB No:6952ENGINEERING JOB N1]MBEF 080010 00 r r sEcl oN 20 48S SCALE 1"=1200 DATE 1/1./14 TJO 01 sf) SHEEI @ 16.D.18.b Packet Pg. 1846 Attachment: Water Turkey Bay MSTU Ordinance CAO signed (7184 : Vanderbilt Lagoon Dredging MSTU)