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Agenda 03/25/2008 Item #16B 3 Agenda Item No. 1663 March 25, 2008 Page 1 of 18 EXECUTIVE SUMMARY Recommendation to approve staff's request seeking direction to amend the Haldeman Creek Maintenance Dredging Municipal Service Taxing Unit Ordinance No. 2006-60 to add five (5) additional parcels contiguous to and benefiting from the MSTU, to amend Section Six (B) of the ordinance to clarify that owners of both residential and commercial property are eligible to serve on the MSTU's advisory committee, and to advertise the proposed amendment and place it on the agenda for the Board of County Commissioner's consideration at a future regularly scbeduled meeting. OBJECTIVE: To obtain the Board of County Commissioner's (BCC) direction to amend the Haldeman Creek Dredging Municipal Services Taxing Unit Ordinance No. 2006-60 to add five (5) parcels to the Municipal Services Taxing Unit (MSTU) boundary, which parcels are contiguous to and benefit from the MSTU's stated purpose, and to amend the ordinance to clarify that owners of residential and commercial property are both eligible to serve on the MSTU's advisory committee. CONSIDERATION: On January 10,2008, the Advisory Committee requested staff to add five (5) parcels to the MSTU boundary. The five parcels were not included as part of the original boundary, because those parcels were not part of the stonnwater dredging project. However, those five (5) water front parcels will benefit from the MSTU's maintenance of the waterways. Tbe fonnation of this MSTU was by Board mandate and the addition of those five (5) additional parcels are sought to be included within the expanded MSTU boundary in the same manner. In addition, staff seeks approval of its request to amend Section Six (6)(B) of the ordinance, to clarify that owners of both residential and commercial property owners within the MSTU are eligible to serve on the MSTU's advisory committee. FISCAL IMPACT: Expenses for the Haldeman Creek MSTU are budgeted in Fund 164 GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary, RECOMMENDATION; That the Board of County Commissioners approve staff's request for direction to amend the Haldeman Creek Dredging Municipal Services Taxing Unit Ordinance No. 2006-60 to include five (5) additional parccls and to amend Section Six (B) to clarify that owners of both residential and commercial property owners within the MSTU are eligible to serve on the MSTU's advisory committee. If the Board approves the statrs request for direction to bring back the recommended amendments to the ordinance, staff will work with the County Attorney's Office to publish a proposed amended ordinance consistent with this direction and bring it back to the Board of County Commissioners at a future meeting date. Prepared By: Darryl Richard, Project Manager, Alternative Transportation Modes Attachments: (I) Haldeman Creek Minutes 1-10-08 final, (2) Ordinance No. 2006-60 Page lof2 Agenda Item No. 1663 March 25, 2008 Page 2 of 18 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 1683 Recommendation to consider a request to modify Haldeman Creek Dredging Municipal Services Taxing Unit Ordinance No 2006-60 by adding 5 parcels and modify Section Six-B to add or owners of residential or commercial property. Meeting Date: 3125120089.00:00 AM Prepared By Darryl Richard Project Manager Date Transportation Services Alternative Transportation Modes 3/11/20081:15:26 PM Approved By Caroline Soto Administrative Assistant Date Transportation Services Transportation Engineering and Construction 3/11/20081:47 PM Approved By Darryl Richard Project Manager Date Transportation Services Alternative Transportation Modes 3/11/20081 :58 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 3111/20085:01 PM Approved By Diane B. Flagg Director A TM Director Date Transportation Services Alternative Transportation Modes 3/12/20089:11 AM Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 3/12/200811:28 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 3/12/20084:23 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 3/12/20084:24 PM Approved By OMS Coordinator Applications Analyst Date Administrative Services Information Technology 3/13/20088:41 AM file://C ;\Agenda T est\Export\ 1 03-March%2025, %202008\ 16. %20CON SENT%20AGENDA \... 3/19/2008 Page 2 of 2 Agenda Item No. 1663 March 25. 2008 Page 3 of 18 Approved By John A. Yonkosky Director of the Office of Management Date County Manager's Office Office of Management & Budget 3/18/200812:21 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3/18/20086:28 PM file://C:\AgendaTest\Export\] 03-March%2025, %202008\] 6. %20CONSENT%20AGENDA \... 3/19/2008 Agenda Item No. 16B3 March 25, 2008 Page 4 of 18 MEMORANDUM Date: December 29,2006 To: Darryl Richard Project Manager - Transportation From: Teresa Dillard, Deputy Clerk Minutes & Records Department Re: Validated Ordinance 2006-60 Enclosed please find one (1) copy of the document as referenced above, Agenda Item #8C, as approved by the Board of County Commissioners on Tuesday, December 12,2006. If you should have any questions, please contact me at 774-8411. Thank you. Enclosure Agenda Item No. 1633 March 25, 2008 Page 5 of 18 ORDINANCE NO. 2006- ...&.Q..... AN ORDINANCE CREATING TIIE HALDEMAN CREEK MAINTENANCE DREDGING MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR TIIE CREATION; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FUNDING AND THE LEVY OF NOT TO EXCEED 3 MILS OF AD VALOREM TAXES PER YEAR; PROVIDING FOR TIIE COLLECTION OF TAXES; PROVIDING FOR CREATION OF THE HALDEMAN CREEK MAINTENANCE DREDGING ADVISORY COMMITIEE, APPOINTMENT AND COMPOSITION; PROVIDING FOR TERMS OF OFFICE OF TIIE ADVISORY COMMITTEE; PROVIDING FOR THE OFFICERS OF TIIE ADVISORY COMMITTEE, QUORUM AND RULES OF PROCEDURE; PROVIDING FOR FUNCTIONS, POWERS AND DUTIES OF TIIE ADVISORY COMMITIEE; PROVIDING FOR TIIE 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 TIIE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 9, 2006, the Board of County Commissioners was informed that upon the completion of the Haldeman Creek Dredging project that an involuntary Municipal Service Taxing Unit would be formed with an initial millage to be established not to exceed 3 mils to address any future dredging needs; and WHEREAS, the Board of County Commissioners, has determined that the creation of a municipal service taxing unit is the best method for implementing and funding future dredging requirements of the public waterway areas located therein. NOW, TIIEREFORE, BE IT RESOLVED BY TIIE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE. Authority. This Ordinance is adopted pursuant to the provisions of Chapter 125.01 and Chapter 200, Florida Statutes, and other applicable law. SECTION TWO. Creation of the Municipal Service Taxing Unit. There is hereby created and established the Haldeman Creek Dredging Municipal Service Taxing Unit, hereinafter referred to as "MSTU." The boundaries of the MSTU .. are as follows: See attached Exhibit "A" which is incorporated herein by referenc'-'- . ~ ..., \ " " SECTION TIIREE. Purpose and Governing Body. ' ." The MSTU is created for the purpose of providing maintenance dredging within the MSTU as determined by the Advisory Committee. The Maintenance Tasks shall include but not be limited to: A. Maintenance Dredging; B. Maintenance of navigational channel markers; J Agenda Item No. 16B3 March 25, 2008 Page 6 of 18 The governing body of the MSTU shall be the Board of County Commissioners of Collier County, Florida. SEmON FOUR. Funding and Levy 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 from October 1 to and including September 30 following. The estimate shall describe the purpose for which the moneys 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 shalt fix and cause to be levied on all properties within the MSTU subject to taxation a millage rate not to exceed 3 mils per year. SEmON FIVE. Tax Aso..smenl 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 lbe Haldeman Creek Dredging MaintelUUJce Advisory Committee, Appointment and Composition. A. There is hereby created and established the Haldeman Creek Dredging Maintenance Advisory Committee, hereinafter referred to as the "Committee." B. The Committee shall consist of five (5) members which generally represent the area within the MSTIJ. Members of the Committee shall be appointed by and serve at the pleasure of the Board of County Commissioners, Said members shall be permanent residents within the MSTIJ and 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 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 duties upon prior approval of the Board of County Commissioners. SEmON SEVEN. Terms of Office of lbe Advisory Committee. 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, Two (2) members shall be appointed for a term of three (3) years. C. One (I) Member shall be appointed for a term of four (4) years. Agenda item No. 1683 March 25, 20G8 Page 7 of 18 Thereafter each appointment or reappointment shall be for a term of four (4) years. Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired term of office. SECTION EIGHT. Offieen of the Advisory Committee, Quorum And Rules of Procedure. A. At its earliest opportunity, the membership of the Committee shall elect a chairman and vice chairman from among its members. Officer's terms shall be for one (I) year, with eligibility for re-election. B. The presence of three (3) or more members shall constitute a quorwn of the Committee necessary to take 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 and exhibits, findings and determinations. Copies of aU Committee minutes, resolutions, reports, and exhibits shall be submitted to the Board of C~unty Commissioners. D. Committee member attendance requirements, including failure to attend meetings and member removal from office are governed by Ordinance No. 2001-55, as it may be amended, or by its successor ordinance. SECTION NINE. Functions, Powen and Duties of the Advisory Committee, The functions, powers and duties of the Committee shall be as follows: A. To aid and assist the Board of County Commissioners in Carrying out the MSTIJ as set forth in this Ordinance. B. To prepare and recommend to the Board of County Commissioners an itemized budget of the amount of money required to carry out the business of the MSTIJ for the next fiscal year. In carrying out this responsibility, the Committee shall, no later than April I" of each year, meet with the County Manager or his designee and outline to the County 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 MSTIJ, 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 for adoption in accordance with procedures for the adoption of budgets set forth under general law and the Board of County Commissioners' policy. Should the Committee fail to approve the budget by June I st of each year, the County Manager or his designee shall be Agenda Item No. 16B3 March 25, 2008 Page 8 of 18 authorized to submit a proposed budget to the Board of County Commissioners. C. The Committee sball recommend work programs and priorities to the County Manager or his designee in 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 preformed under contract (in accordance with taw) 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 or 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 Commissiooers of the activities of the MSTU and its finances in accordance with established guidelines of the Board of County Commissioners and/or the Committee. D. Attend all Committee meetings. SECTION ELEVEN. Review Process. This Advisory Committee shall be reviewed once ever four (4) years commencing 2006, in accordance with the procedures contained in Collier County Ordinance No. 2001-55, as it may be amended, or its successor Ordinances. SECTION TWELVE. 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. Agenda Item No. 1683 March 25, 2008 Page 9 of 18 SECTION TInRTEEN. Inclusion in the Code of Law. and Ordinan.... The provisions of this Ordinance sball become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplisb such, and the word "Ordinance" may be cbanged to "Section," "Article", or any other appropriate word. SECTION FOURTEEN. Effective Date, This Ordinance sball take effect upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 12th day of December, 2006. DATED: " ,t il~.,:~ ". A1TE~~,.."'"',,, :;",,' , ',- . '" Dw.Ki~ EillR0Cili,:CLERK ~:. ~<;.<:."", ::,) ': ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Attl!'st. n ~t,~. 51,0'. - By: ~..:- 2/"7 r~ FRANK HALAS, CHAIRMAN Approved as to form and ~iJ2)~l Scott R Teach, Assistant County Attorney This ordinonce fi:~d wiTh til Secretary of State's Off,ire _t~: :l:L: doy of~(' , ~',e and ock.now\edge~ent 54 th(;1 filing received thiS ~ day f~~ o y , c~t () JJOhL- Agenda Item No. 1663 March 25, 2008 Page 10 of 18 E:d1ibit "A" The Haldeman Creek Dred2inll Municinal Service Taxiull Unit LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTIONS 11,12,13 & 14, TOWNSHIP 50S, RANGE 25E, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, BEING THE NORTH EAST CORNER OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST; WHICH IS ALSO THE NORTH 7AST CORNER OF LOT 118 OF THE NAPLES GROVE AND TRUCK COMPANY S LITTLE FARMS NO.2 AS RECORDED IN PLAT BOOK 1, PAGE 27 OFTHE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE S.89"22'57"E. FOR 333.43 FEET; TO A POINT ON THE WEST LINE OF TRACT B, COURTHOUSE SHADOWS AS RECORDED IN PLAT BOOK 29, PAGE 41 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND CONTINUING ALONG THE SAID PLATLINES FOR THE NEXT (8) CALLS, (1) THENCE N.00"23'57"E. FOR 11.05 FEET; (2) THENCE N.51"36'02"E. FOR 309.05 FEET; (3) THENCE N.64"13'11"E. FOR 80.05 FEET; (4) THENCE S.51 "36'02'W. FOR 5.00 FEET; (5) THENCE S.36"23'58"E. FOR 404.47 FEET; (6) THENCE N.51"36'02"E. FOR 98.00 FEET; TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF U.S. 41, (7) THENCE ALONG SAID RIGHT-OF-WAY, S.38"23'58"E. FOR 128.47 FEET; TO A POtNT LYING ON THE NORTH StDE OF A DRAINAGE EASEMENT DESCRIBED IN DEED BOOK 28, PAGE 193 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. (8) THENCE CONTINUING ALONG SAID RIGHT-OF-WAY OF U.S. 41, S.38"23'36"E. FOR 190.55 FEET; TO A POINT LYING ON THE SOUTH SIDE OF A DRAINAGE EASEMENT DESCRIBED IN DEED BOOK 28, PAGE 193 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE CONTINUING ALONG SAID RIGHT-OF-WAY OF U.S. 41, S.38"23'36"E. FOR 59.24 FEET; THENCE LEAVING SAID RIGHT-OF-WAY, S.50"49'31'W. FOR 131.60 FEET; THENCE N.89"35'01'W. FOR 353.34 FEET; THENCE S.00"00'20"E. FOR 60.00 FEET; THENCE N.89"41'20'W, FOR 420.00 FEET; THENCE N.87"26'59'W. FOR 22.00 FEET; THENCE N.89"56'20'W, FOR 135.00 FEET; TO A POINT ON THE EAST RIGHT-OF- WAY OF DOMINION DRIVE, THENCE N.00"03'40"E. FOR 128.12 FEET; THENCE S.89"36'10'W, FOR 59.99 FEET; TO A POINT ON THE WEST RIGHT -oF- WAY OF DOMINION DRiVE, THENCE ALONG SAID RIGHT-OF-WAY, S.00"03'40'W, FOR 474.69 FEET; THENCE S.89"52'50'W. FOR 294.56 FEET; ALONG THE NORTH RIGHT-OF-WAY OF ARECA AVE. AS DESCRIBED IN SUBDIVISION OF BLOCK F, SABAL SHORES AS RECORDED IN ,PLAT BOOK 4, PAGE 40 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S.69"52'50'W. FOR 350.00 FEET; THENCE N.OO"OO'OO"E. FOR 351.01 FEET; TO A POINT OF CURVATURE; THENCE NORTHEASTERLY 41.90 FEET, ALONG THE ARC OF A NON-TANGENTIAL CtRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 39.83 FEET, THROUGH A CENTRAL ANGLE OF 60"16'34" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.29"55'35"E. FOR 40.00 FEET, TO; TO A POINT OF CURVATURE; THENCE NORTHEASTERLY 42.08 FEET, ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 40.17 FEET, THROUGH A CENTRAL ANGLE OF 60"01'13" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.29"55'35"E. FOR 40.18 FEET, TO; THENCE S.89"52'50'W, FOR 100.00 FEET; THENCE S.OO"OO'OO"E. 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THENCE N.ooo12'53'W. FOR 203.32 FEET; THENCE N.ooo09'12'W. FOR 643.41 FEET; . i~~~g~ ~~J;~~~~~~~~i~~~'~~: ~~g~~:iEE:LY LINE OF SAID TRACT B, ~:~~~~}~~~~i~~~:~~i~ 6~~~6~ Jo~~,Np~~Hre~;6~~~~~~~&6' RECORDS OF COLLlERFCOORU1NTY295' F3LSOFREIED;"TO A POINT ON THE SOUTH RIGHT- THENCE N.00043'42'W. " , ~~E~~ ~~~~~~lg~II~~:OO:~~Y6~'~~~'~~~E~~~:6~~i~~~~T~E~NG POINT ON THE EAST RIGH - OR A PARCEL OF LAND g~s~~~~~ ~~EB~~~~~A~~~;;~~if -r':::UBLtC RECORDS OF COLLIER ~~~~~':L~:~DtAIDWEST BOUNDARY LINE, N.0003S'25'W. FOR 1,374.49 FEET; o THE NORTHWEST CORNER OF SAID NAPLES LAND YACHT HARBOR, . iHENCEALONG SAID NORTH BOUNDARY LINE, N.S9033'52"E. FOR 1,247.66 FEET, TO THE NORTHEAST CORNER OF SAID NAPLES LAND YACHT HARBOR. THENCE ALONG THE EAST LINE OF NAPLES LAND YACHT HARBOR, S.00033'OS"E. FOR 616.S3 FEET; THENCE S.S9032'43'W. FOR 623.36 FEET; THENCE S.00"35'47"E. FOR 166.00 FEET; THENCE LEAVING THE BOUNDARY OF NAPLES LAND YACHT HARBOR, N.S9032'43"E. FOR 150.S1 FEET; THENCE S.ooo35'07"E. FOR 1 00.00 FEET; THENCE N.S9019'24"E. FOR 159.27 FEET; TO THE WEST RIGHT-OF-WAY LINE OF ARBUTUS DRIVE, THENCE S.0003S'47''E. FOR 992.99 FEET; THENCE S.77052'26'W. FOR 255.21 FEET; THENCE N.00'3S'47'W. FOR 994.00 FEET; THENCE S.S9024'13'W. FOR 20.00 FEET; THENCE N.0003S'47'W. FOR 50.05 FEET; THENCE S.S9032'41'W. FOR 40.00 FEET; TO A POINT ON THE EAST LINE OF NAPLES LAND YACHT HARBOR A PARCEL OF LAND DESCRIBED IN OR BOOK 714, PAGE 1710 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE S.00"3S'47"E. FOR 1,OS6.59 FEET; THENCE NnoS2'26"E. FOR 664.32 FEET; THENCE N.OO"00'42"E. FOR 131.01 FEET; TO A POINT BEING THE NORTHWEST CORNER OF LOT 37, DEMERE LANDING SUBDIVISION AS RECORDED IN PLAT BOOK 4, PAGE 14 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. A POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF BECCA AVENUE, THENCE S.S90S9'03"E. FOR 297.97 FEET; ALONG SAID RIGHT-OF-WAY LINE, THENCE LEAVING SAID RIGHT-OF-WAY, S.00oOO'S2"E. FOR 252.07 FEET; THENCE N.S90S3'OS"E. FOR SO.OO FEET; THENCE N.00006'S2'W. FOR 251.93 FEET; TO A POINT ON THE SOUTH RIGHT-OF- WAY LINE OF BECCAAVENUE, THENCE ALONG SAID RIGHT-OF-WAY, S.S90S9'03"E. FOR 270.00 FEET; THENCE LEAVING SAID RIGHT-OF-WAY, S.00006'52''E. FOR 252.07 FEET; THENCE N.S90S3'OS"E. FOR 60.00 FEET; THENCE N.OOo06'52'W. FOR 251.93 FEET; TO A POINT ON THE SOUTH RIGHT-OF- WAY LINE OF BECCA AVENUE, THENCE ALONG SAID RIGHT-OF-WAY, S.S9059'03"E. FOR 270.00 FEET; THENCE LEAVING SAID RIGHT-OF-WAY, S.00oOO'52"E. FOR 252.07 FEET; THENCE N.S9053'OS"E. FOR 60.00 FEET; THENCE N.ooo06'52'W. FOR 251.93 FEET; TO A POINT ON THE SOUTH RIGHT-OF- WAY LINE OF BECCAAVENUE, THENCE ALONG SAID RIGHT-OF-WAY, S.S9"S9'03"E. FOR 270.00 FEET; TO A POINT ALSO ON THE WEST RIGHT-OF-WAY OF BA YSHORE DRIVE, THENCE S.37024'59"E. FOR 165.01 FEET; TO A POINT ON THE EAST RIGHT -oF- WAY OF BAYSHORE DRIVE. ALSO BEING THE NORTHWEST CORNER OF LOT 121 OF NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS No.2, AS RECORDED IN PLAT BOOK 1, PAGE 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE N.S9"S3'OS"E. FOR 193.S5 FEET; TO A POINT ON THE WEST LINE OF A PARCEL OF LAND DESCRIBED IN OR BOOK 29S3, PAGE 379 OF THE PUBLIC Agenda Item No. 16B3 March 25, 2008 Page 13 of 18 RECORDS OF COLLIER COUNTY, FLORIDA. AND WILL CONTINUE TO RUN ALONG SAID BOUNDARY FOR THE NEXT (19) CALLS, (1) THENCE N.00"06'S2'W, FOR 799.75 FEET; (2) THENCE N.69"S7'01"E. FOR 44.66 FEET; (3) THENCE N.00"06'20'W. FOR 1 0.38 FEET; (4) THENCE S.64"07'22'E. FOR 45.66 FEET; (S) THENCE N.38"09'22"E. FOR 205.26 FEET; TO THE WESTERLY RIGHT-OF- WAY OF U.S.41, (6) THENCE ALONG SAID RIGHT-OF-WAY, S.51"50'39"E. FOR 115.49 FEET; (7) THENCE LEAVING SAID RIGHT-OF-WAY, S.36"09'32'W. FOR 190.01 FEET; (8) THENCE S.S1"50'42"E. FOR 89.71 FEET; (9) THENCE S.00"53'09"E. FOR 220.16 FEET; (10) THENCE N.aa"S3'S1"E. FOR 147.79 FEET; (11) THENCE N.01"06'06'W. FOR 100.00 FEET; (12) THENCE S.51"50'11"E. FOR 10.78 FEET; (13) THENCE N.01"06'09'W, FOR 24S.43 FEET; TO THE WESTERLY RIGHT- OF-WAY OF U.S.41, (14) THENCE ALONG SAID RIGHT-OF-WAY, S.S1"50'34"E. FOR 15.0S FEET; (15) THENCE LEAVING SAID RIGHT-OF-WAY, S.00"42'52"E. FOR 653.02 FEET; (16) THENCE S.89"S8'17'w' FOR 4.98 FEET; (17) THENCE S.00"42'S2"E. FOR 291.22 FEET; (18) THENCE N.89"SS'S7'W, FOR 9.98 FEET: (19) THENCE S.00"42'5S'E. FOR 672. 72 FEET; THENCE N.89"49'OO"E. FOR 14S.13 FEET' THENCE S.00"19'20"E. FOR 30.00 FEET' THENCE N.89"49'OO"E. FOR 450.63 FEET; THENCE N.OO"19'20'W. FOR 30.00 FEET: THENCE N.89"49'OO"E. FOR 77.13 FEET; TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 11,678,801 SQUARE FEET OR 268.1 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE CENTERLINE OF GULFVIEW DRIVE WHICH LIES IN THE GULF SHORES SUBDIVISION, PLAT BOOK 4, PAGE SO AS BE'EING EAST. Agenda Item No. 1663 March 25, 2008 Page 14 of 18 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2006-60 Which was adopted by the Board of County Commissioners on the 12th day of December 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th day of December 2006. . \' " ~,. · ffattteman Cree{Maintenance (j)rediJing M.s. q:v. .Jltfvisory Committee 2885 S. Horseshoe Drive Naples, FL 34104 Agenda Item No. 1683 March 25, 2008 Page 15 of 18 January 10, 2008 MINUTES J. Call Meeting to Order by Roy Wilson at 4:18 P.M. II, Attendance: Members: Roy Wilson, Vicki Tracy, Tom Briscoe (Excused), Joe Patton County: Darryl Richard - Project Manager, Tessie Sillery - Operations Coordinator, Margaret Bishop - Storm Water Dept. Others: Darlene Lafferty - Mancan, Sharon King - Applicant III. Approval of Agenda Add: V. C. Vacancy recommendation by Committee Vicki Tracy moved to approve the Agenda as amended. Second by Joe Patton. Motion carried unanimously 3-0. IV. Approval of October 25, 2007 Minutes Change: Pg. 3 paragraph 2 - under Grants should read $500,000 "South Florida Water Management District" Joe Patton moved to approve the October 25, 2007 Minutes as amended. Second by Vicki Tracy. Motion carried unanimously 3-0. V. Transportation Services Report A. Budget - Caroline Soto distributed and reviewed. (See attached) ,. Budgeted Operating Expense $18,300.00 Ii- Open PO's $1578.26 Ii- Available Operating Expense $16,300.00 Ii- Budgeted Ad Valorem Tax $25,100.00 i. Collected Ad Valorem Tax $10,106.61 ii. Available Ad Valorem Tax $14,993.39 Discussions ensued. A clarification on individual line items was given. The request was made to dedicate line items for the following: · secretarial services as it is a fixed expense . Channel Markers - for future expenditures B. Project Manager's Report - Darryl Richard distributed and reviewed. (See attachment) It was noted that on January 29, 2008 Tax Payers will be voting on a Homestead Exemption increase. This would affect the Taxable Value & a "potentia" reduction in MSTU revenue for FY09. 1 Agenda Item No. 16B3 March 25, 2008 Page 16 of 18 Property Records & aerial maps were distributed & reviewed. (See attached) It was announced that a meeting was held on November 21, 2007 with the Property Appraisers Office, The following were in attendance - Darryl Richard, Roy Wilson, Kevin Lilly/Sr. Manager Property Appraiser, & Larry Lawrence/Surveyor & GIS Technician. It was noted that 5 parcels on Becca Ave. were excluded from the MSTU Boundary which had waterway access was questioned. The recommendation was made for review by Legal Staff for the inclusion of the 5 parcels, After review a request would be submitted via Executive Summary to the Board of County Commissioners to revise the MSTU Boundary to include the 5 parcels. Joe Patton moved to recommend consulting with Legal Staff to add the 5 parcels noted to the boundary of MSTU (Haldeman Creek Maintenance Dredging). Second by Vicki Tracy. Motion carried unanimously 3-0. Discussions continued. It was noted Windstar does not appear to have a usable part of Haldeman Creek. Roy Wilson noted posts went down 2 months after installation. He expressed concern about the method of installation & noted that the job was closed. Darryl Richard responded it rnight be a Contractor warranty item & would be addressed with the assistance of Margaret Bishop. Discussion concerning the exclusion of Windstar in the MSTU Boundary ensued. It was noted further review was warranted. Vicki Tracy will email the results from the Windstar Water Drain off Study to Darryl Richard. The results will be distributed to the Committee for review before the February 14, 2008 meeting by Darryl Richard. Sandpiper Apartments was discussed. It was stated each unit is assessed and included in the MSTU. To Access the Property Appraiser Website: o www.collierappraiser.com o Click: GIS o Click: I agree C. Vacancy Recommendation by Committee - Tessie Sillery distributed copies of the Applicants. (See attached) Charles Moore was not present. Sharon King was introduced. 2 Agenda Item No. 1683 March 25, 2008 Page 17 of 18 Sharon King stated she is self employed. She participated in the creation of the CRA & Bayshore MSTU & served on both Committees. Believes she would be able to bring insight to the Committee through her experience. Discussion ensued and determined that Ms. King would bring knowledge of the area to the Committee. Vicki Tracy moved to recommend Sharon King (to the Board of County Commissioners for approval.) Second by Joe Patton. Motion carried unanimously 3-0. VI. Old BusinesslOpen Items A. Quality of Seawalls to Prevent Silting - None B. Property Valuation - None C. Taxing by Valuation vs. Frontage - None D. Storm water Runoff and Drain Maintenance - None E. Marine Patrol of Haldeman Creek - Darryl Richard will advise Tom Briscoe that his communications report with Lt. David Johnson/Collier County Sheriff Special Operations Group is scheduled to be presented at the February 14, 2008 meeting. Roy Wilson noted speed sign inconsistencies. It was determined a clarification was required. Darryl Richard will contact the City & County concerning the ordinances & will report at the February 14, 2008 meeting. F. Portion of HC inside Naples City boundary not in MSTU - None G. Bedrock near Sandpiper - None H. Further review - Final Project Report - None Discussions continued and agreed that a Project list & Working Groups would be defined. Suggestions for the Project list should be submitted at the February 14, 2008 VI. New Business - None VII. Public Comments - None VIII. There being no further business to come before the Committee, the meeting was adjourned by the Chair at 6:24 P.M. Haldeman Creek Maintenance Dredging MSTU Advisory Committee 3 Agenda Item No. 1683 March 25. 2008 Page 18 of 18 Roy Wilson, Chairman These minutes approved by the Committee on as presented or amended Next meeting is scheduled for February 14, 2008 Collier County Transportation BldgjEast Conference Room 2885 S. Horseshoe Drive Naples, Fl 34104 4