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Agenda 04/28/2020 Item #16B 2 (CRA Grant - Shore Stabilization)04/28/2020 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners, acting as the Community Redevelopment Agency Board, approve and authorize the Chairman to execute a Shoreline Stabilization Grant Agreement between the Community Redevelopment Agency and Dennis Samblanet, “Dennis J. Samblanet and Kathleen J. Riley, as Trustees of the Samblanet-Riley Joint Revocable Trust Dated, May 24th, 2019” in the amount of $5,000 for the property located at 2998 Poplar Street Naples Florida 34112 located within th e Bayshore Gateway Triangle Community Redevelopment Area. OBJECTIVE: To promote a stabilized shoreline along Haldeman Creek slowing the sedimentation rate in the canals for residential and commercial properties along Haldeman Creek within the CRA boundaries. CONSIDERATION: The Shoreline Stabilization Grant (SSG) program is a redevelopment initiate funded and administrated by the Bayshore Gateway Triangle Community Redevelopment Area (CRA) as partial reimbursement for installation or repair for shoreline stabilization improvements such as riprap, bulkheads, or seawalls. The SSG application was submitted by Dennis Samblanet, “Dennis J. Samblanet and Kathleen J. Riley, as Trustees of the Samblanet - Riley Joint Revocable Trust Dated, May 24th, 2019”, to improve the seawall on his developed residential property. The property owner is requesting the maximum allowed for shoreline stabilization per the SSG application for a total reimbursement request of $5,000. Mr. Samblanet’ s wife, Kate Samblanet, is co-owner of the property and a member of the Haldeman Creek MSTU Advisory Board. FISCAL IMPACT: The shoreline stabilization Grant Program budget is provided in Bayshore CRA Fund (187/787) to support the grant of $5,000 in the FY20 proposed budget. GROWTH MANAGEMENT IMPACT: The proposed improvements approved through the SSG program will further the goals, objectives and policies outlined in the Bayshore Gateway Triangle Redevelopment plan. ADVISORY BOARD RECOMMENDATION: On February 4, 2020 the BGTCRA Advisory Board voted unanimously to recommended reinstating the Shoreline Stabilization Grant and allocating $25,000 to implement the program with priority being given to residential properties. On February 11, 20 the Agency reinstated the program and allocated the funding. Due to the COVID -19 and the Governor’s Executive Order to limit gatherings of more than 10 people, the April Advisory Board meeting has been canceled, therefore this grant application has not been reviewed by the Advisory Board. LEGAL CONSIDERATIONS: On March 10, 2020 the Board of County Commissioners approved a waiver of Section 112.313 (7)(a), Fla. Stat., Conflicting employment or contractual relationships to allow Kate Samblanet and her husband to enter into a Grant Agreement with the CRA. As such, this item is approved for form and legality and requires a majority vote. - JAB RECOMMENDATION: Recommendation that the Board of County Commissioners, acting as the Community Redevelopment Agency Board (CRAB), approve and authorize the Chairman to 16.B.2 Packet Pg. 1351 04/28/2020 execute a Shoreline Stabilization Grant Agreement between the Community Redevelopment Agency and Dennis Samblanet “Dennis J. Samblanet and Kathleen J. Riley, as Trustees of the Samblanet-Riley Joint Revocable Trust Dated, May 24th, 2019” in the amount of $5,000 for the property located at 2998 Poplar Street , Naples Florida 34112. Prepared by: Tami Scott, Project Manager ATTACHMENT(S) 1. 1-SSG-Agreement Denny and Kate Samblent -Riley 2998 Poplar St. (PDF) 2. 2-Samblanet-Grant Application-2998 Poplar St.-Exhibit A (PDF) 3. 3-Samblanet-Before Photos - 4-6-2020 (PDF) 4. 4-Samblanet-Advisory Board Waiver to Apply for a grant March 10 2020 (PDF) 16.B.2 Packet Pg. 1352 04/28/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.B.2 Doc ID: 12221 Item Summary: Recommendation that the Board of County Commissioners, acting as the Community Redevelopment Agency Board, approve and authorize the Chairman to execute a Shoreline Stabilization Grant Agreement between the Community Redevelopment Agency and Dennis Samblanet, “Dennis J. Samblanet and Kathleen J. Riley, as Trustees of the Samblanet-Riley Joint Revocable Trust Dated, May 24th, 2019” in the amount of $5,000 for the property located at 2998 Poplar Street Naples Florida 34112 located within the Bayshore Gateway Triangle Community Redevelopment Area. Meeting Date: 04/28/2020 Prepared by: Title: – Bayshore CRA Name: Tami Scott 04/20/2020 11:42 AM Submitted by: Title: – County Manager's Office Name: Debrah Forester 04/20/2020 11:42 AM Approved By: Review: Corporate Business Operations Swainson Hall Stage 1 Review Completed 04/20/2020 12:55 PM County Manager's Office Debrah Forester Director - CRAs Completed 04/20/2020 1:00 PM Corporate Business Operations Sean Callahan Executive Director- Corp Business Ops Completed 04/20/2020 3:22 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 04/20/2020 4:55 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/21/2020 8:30 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/21/2020 8:45 AM Budget and Management Office Ed Finn Additional Reviewer Completed 04/21/2020 12:53 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/22/2020 9:52 AM Board of County Commissioners MaryJo Brock Meeting Pending 04/28/2020 9:00 AM 16.B.2 Packet Pg. 1353 16.B.2.aPacket Pg. 1354Attachment: 1-SSG-Agreement Denny and Kate Samblent -Riley 2998 Poplar St. (12221 : CRA- Shoreline Stabilization Grant) 16.B.2.aPacket Pg. 1355Attachment: 1-SSG-Agreement Denny and Kate Samblent -Riley 2998 Poplar St. (12221 : CRA- Shoreline Stabilization Grant) 16.B.2.aPacket Pg. 1356Attachment: 1-SSG-Agreement Denny and Kate Samblent -Riley 2998 Poplar St. (12221 : CRA- Shoreline Stabilization Grant) Offices: 3570 Bayshore Drive, Unit 102, Naples, Florida 34112 Phone: 239-643-1115 Online: www.BGTCRA.com April 14, 2020 Bayshore Gateway Triangle CRA Shoreline Stabilization Grant (SSG ) Applicant: Dennis Samblanet2998Poplar Street Naples, Florida 34112 Dennis J. Samblanet and Kathleen J. Riley, as Trustees of the Samblanet-Riley Joint Revocable Trust Dated, May 24th, 2019 Project Scope: Install new rip rap over existing rip rap to prevent additional erosion from constant wave action along Haldeman Creek. Frontage along Haldeman Creek is approximately 190’-0” and will require approximately 40 tons of 6” and 12” stone. Estimates: BW Grading: $10,000 Greg Orick II Marine Construction, Inc.: $18,990.16 CRA Request: $5,000.00 16.B.2.b Packet Pg. 1357 Attachment: 2-Samblanet-Grant Application-2998 Poplar St.-Exhibit A (12221 : CRA- Shoreline Stabilization Grant) 7 Bayshore Gateway Triangle CRA I Shoreline Stabilization Grant Information 3299 Tamiami Trail E., Suite 103 Naples Fl 34112 www.bayshorecra.com Shoreline Stabilization Grant Program The Shoreline Stabilization Grant (SSG) Program is a redevelopment initiative funded and administered by the Bayshore Gateway Triangle Community Redevelopment Agency (CRA) as partial reimbursement for installation or repair for shoreline stabilization improvements such as rip-rap, bulkheads, or seawalls. Overview of the Program The CRA encourages everyone with prope1ty located on Haldeman Creek to maintain a stabilized shoreline, slowing the rate of sedimentation in the canals. Owners and tenants of residential and commercial properties for which property taxes are paid to the current year along Haldeman Creek within CRA boundaries are eligible to receive SSG funding for shoreline improvements. The SSG Program funds only installation of or repair to rip­ rap, bulkheads, or seawalls. Grantees are required to contribute a minimum of 50 percent of project costs with a maximum award of $5,000. Grantees have twelve months from the date of CRA approval to complete shoreline improvements. All improvements must be approved by the CRA before grantees commence improvements-no funding will be awarded for work commenced prior to CRA approyal. Funds are disbursed after the completed improvements are approved by CRA staff as reimbursement. Applicant Eligibility Owners and tenants of residential and commercial properties on Haldeman Creek may apply for SSG funding. Properties ("property" is defined by parcel ID number through Collier County Property Apprais er) receiving SSG funding for improvements are eligible for only one award for the life of the program. Bids for Work Grantees must obtain a minimum of two cost estimates from contractors actively licensed marine seawall and dock construction contractors. Bids from contractors not licensed will not be accepted for the SSG program. No funding will be awarded for "do-it-yourself' improvements or to subcontractors. The amount of the grant will be determined by the lowest bidding contractor for each improvement though grantees may actually use any licensed contractor. Permitting Most contractors handle permit applications and the CRA strongly encourages grantees to give careful consideration with regard to permitting. Applicants who wish to procure permits on their own must first apply through the US Army Corps of Engineers at P.O. Box 4970, 70 l San Marco Boulevard, Jacksonville, Florida 32232. Applications are available online at www.usace.army.mil. After obtaining the appropriate permit above, applicants must apply for a permit through the Florida Department of Environmental Protection: FDEP South District, 2295 Victoria "Exhibit A" 16.B.2.b Packet Pg. 1358 Attachment: 2-Samblanet-Grant Application-2998 Poplar St.-Exhibit A (12221 : CRA- Shoreline Stabilization Grant) 16.B.2.bPacket Pg. 1359Attachment: 2-Samblanet-Grant Application-2998 Poplar St.-Exhibit A (12221 : CRA- Shoreline Stabilization Grant) 16.B.2.bPacket Pg. 1360Attachment: 2-Samblanet-Grant Application-2998 Poplar St.-Exhibit A (12221 : CRA- Shoreline Stabilization Grant) "Exhibit A"16.B.2.bPacket Pg. 1361Attachment: 2-Samblanet-Grant Application-2998 Poplar St.-Exhibit A (12221 : CRA- Shoreline Stabilization Grant) 16.B.2.bPacket Pg. 1362Attachment: 2-Samblanet-Grant Application-2998 Poplar St.-Exhibit A (12221 : CRA- Shoreline Stabilization Grant) 16.B.2.bPacket Pg. 1363Attachment: 2-Samblanet-Grant Application-2998 Poplar St.-Exhibit A (12221 : CRA- Shoreline Stabilization Grant) 16.B.2.bPacket Pg. 1364Attachment: 2-Samblanet-Grant Application-2998 Poplar St.-Exhibit A (12221 : CRA- Shoreline Stabilization Grant) Estimate #116.B.2.bPacket Pg. 1365Attachment: 2-Samblanet-Grant Application-2998 Poplar St.-Exhibit A (12221 : CRA- Shoreline Stabilization Grant) Proposal Greg Orick II Marine Construction, Inc. 2815 Bayview Dr. Naples, FL. 34112 (239)289 -0792 • Fax (239) 947 -1802 E-Mail: go2marineconst@gmail.com PROPOSAL SUM BITTED TO: Denny Samblanet PHONE: {239} 641-2533 I DATE: 1/19/2020 STREET ADDRESS: 2998 Poplar St JOB NAME: Rip Rap Renourishment CITY, STATE ZIP: Naples, FL. 34112 E-MAILADDRESS: dennyjsam@gmail.com We hereby submit specifications and estimates for: Furnish all labor and materials to add aQQrDX six to seven 20 cy_. containers of 6"-12" riQ raQ stone on the existing 190' of ri1:1-raQ bank. All rock to wheel barrowed behind the house and haREI €RiRl�eEI tl=lrn1:1gl=le1:1t tl=le eRtiFe 1:9Q' ef sl=leFeliRe. Greg Orick II Marine Const will not be held res1:1onsible for any_ damage resulting during or after the work to any_ se.iw.1111 l;rnlld:ie.ici, cigc;l4, piliAg, sl:10i:eliAe1 sgci1 inig.itiGA1 fixtYrns, Ytilities, l.1Acisc;.ipiAg1 pGGls1 p.itiGs GI= aA 1f other known structure or QrDQerty_ in work area or access to work area, unless due to his own negligence, but will take all ciY9 c;ai:e, All gi:ass c;,rn be rnplac;0ci@ c;gst if ciarnageci, MG water:, elec;ti:ic;, SYP.teys gi: pei:rnits pei: tl:lis pi:gpgsal. �o ;::j lo lJJ 0 �E.-J\ Ctj-� CO t:LB. 1 f fL \<;(V[/J ':)..O cv.; Co�� [!LS � {f-!loX e 11-/ S-..s LatJ..s I j[?,��� LS 0 f K: £) I<.� D"/J 1 S g OILQ.X ;r Estimate #2 16.B.2.b Packet Pg. 1366 Attachment: 2-Samblanet-Grant Application-2998 Poplar St.-Exhibit A (12221 : CRA- Shoreline Stabilization Grant) 16.B.2.bPacket Pg. 1367Attachment: 2-Samblanet-Grant Application-2998 Poplar St.-Exhibit A (12221 : CRA- Shoreline Stabilization Grant) Tax Rolls Details -2998 Poplar St. 16.B.2.bPacket Pg. 1368Attachment: 2-Samblanet-Grant Application-2998 Poplar St.-Exhibit A (12221 : CRA- Shoreline Stabilization Grant) INSTR 5717997 OR 5634 PG 1621 E-RECORDED 5/28/2019 12:35 PM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA DOC@.70 $0.70 REC $18.50 INDX $1.00 CONS $10.00 Consideration: Nominal This instrument was prepared without legal opinion by and after recording should be returned to: Kenneth D. Goodman Goodman Breen 3838 Tamiami Trail N. Suite 300 Naples, Florida 34103 Telephone: 239-403-3000 WARRANTY DEED (Reserved for Recording Information) THISINDENTURE,made this J._i/-d_ day ofMay,2019, betweenKATHLEENJ.RILEY,a married woman, INDIVIDUALLY AND AS TRUSTEE OF THE KATHLEEN J. RILEY REVOCABLE TRUST u/ AID! JUNE 2014,joined by her husband, DENNIS J. SAMBLANET, County of Collier, Stateof Florida, Grantor*, and DENNIS J. SAMJlk��i�J:t�"THLEEN J. RJLEY, AS TRUSTEES OF THESAMBLANET-RILEY JOINT REvoc.� ./ .Jl!��I!:l!�:rt � y ),9 '1., 2019, whose post office address is 2998 Poplar Street, NapJ:�� ... 'cia 34112, OF ,/ ().;/ '" "\ WITNESSETH , That ,he Gf1tat�r,•..fu{ and in cc;msider�ion\Ofthe sum of TEN DOLLARS, and othe� good and valuable c9nsi9erat4��o saigT�'fa�t�r, in h�¥d p\id b� said Grantee, the receift whereof 1s �ereby acknowl�died,h nt o½1�o tl\e s�1d Grant�e, and Gra�tee_ s succ�ssors m tru�t a!1d ass1�s f1,re th · 'd jlan4, situate, lymg and bemg m Collier County, F londa, to-11.t. P \ / Lot 31, Demere LanJ\il� \l subdivision accorm. he p1�£ereof recorded in PlatBook 4, Page 14, Publ� \ · ords of Collier C l<Ji:i�!'ll . '/,,.// SUBJECT TO restricti� r:ier�ations, and i�1;ecord, and taxes for year 2019 and subsequent years. :/l> · """''¾,,,,,'¾",� Parcel Identification No.: 298310400{J:t·········· And said Grantor does hereby fully warrant the title to said land, and will defend the sameagainst the lawful claims of all persons whomsoever. By executing or joining this deed, each grantor intends to waive homestead rights that wouldotherwise prevent the other from devising the homestead property described in this deed to someoneother than the surviving spouse. Trustee herein ( or the successor trustee) is granted full power and authority to protect,conserve, sell, lease, encumber, or otherwise to manage and dispose of the real property described herein as set forth in Florida Statutes Section 689.073(1). *"Grantor" and "Grantee" are used for singular or plural, as context requires. warranty deed 2998 Poplar Street 16.B.2.b Packet Pg. 1369 Attachment: 2-Samblanet-Grant Application-2998 Poplar St.-Exhibit A (12221 : CRA- Shoreline Stabilization Grant) 16.B.2.b Packet Pg. 1370 Attachment: 2-Samblanet-Grant Application-2998 Poplar St.-Exhibit A (12221 : CRA- Shoreline Stabilization Grant) Before photo 2298 Poplar St. -4-6-202016.B.2.c Packet Pg. 1371 Attachment: 3-Samblanet-Before Photos - 4- Before photo 2298 Poplar St.- 4-6-2020 16.B.2.c Packet Pg. 1372 Attachment: 3-Samblanet-Before Photos - 4- Before photo 2298 Poplar St. 4-6-2020 16.B.2.c Packet Pg. 1373 Attachment: 3-Samblanet-Before Photos - 4-6-2020 (12221 : CRA- Shoreline Before photo 2298 Poplar St.-4-6-202016.B.2.c Packet Pg. 1374 Attachment: 3-Samblanet-Before Photos - 4- Before photo 2298 Poplar St. -4-6-2020 16.B.2.c Packet Pg. 1375 Attachment: 3-Samblanet-Before Photos - 4-6-2020 03/10/2020 EXECUTIVE SUMMARY Recommendation to review and approve the County Attorney’s recommendation to waive any potential ethics conflict for a Haldeman Creek MSTU Advisory Board member based on Ch. 112, Florida Statutes. OBJECTIVE: For the Board of County Commissioners to review and approve the County Attorney’s recommendation to waive any potential ethics conflict for Haldeman Creek MSTU Advisory member Kathleen Riley Samblanet. CONSIDERATIONS: Kathleen Samblanet is a member of the Haldeman Creek MSTU and is applying for a Community Redevelopment Agency (CRA) Shoreline Stabilization Grant within the Bayshore Gateway Triangle Community Redevelopment Area (BGTCRA). Mrs. Samblanet owns a home on Haldeman Creek with a deteriorating seawall. The purpose of the Shoreline Stabilization Grant is to assist with repair and replacement of deteriorating seawalls to prevent pollution and other materials from being deposited into Haldeman Creek. The CRA Director asked the County Attorney’s Office to determine whether any potential ethics violation may exist under Ch. 112, Florida Statutes based on Mrs. Samblanet’s position as a Collier County Advisory Board member. In summary, although there may be a potential ethics violation, based on the specific facts of this conflict, the conflict may be waived by two-thirds vote of the Board of County Commissioners. Summary Mrs. Samblanet serves on the Haldeman Creek MSTU Advisory Board and is applying for grant funding (not to exceed $5,000) through the BGTCRA Shoreline Stabilization Grant. The Shoreline Stabilization Grant is being administered by the Bayshore CRA, with the Bayshore CRA Advisory Board reviewing applications and recommending grant awards to the Board of County Commissioners, acting as the Collier County Community Redevelopment Agency. Mrs. Samblanet is not a member of the Bayshore CRA Advisory Board and accordingly has no voting conflict with respect to her application. As an advisory board member, Mrs. Samblanet is considered a public officer and subject to the restrictions found in Chapter 112, Fla. Stat., Code of Ethics for Public Officers and Employees. Florida Statutes Section 112.313(7)(a), Fla. Stat., Conflicting employment or contractual relationship, provides in relevant part: “No public officer or employee of an agency shall have or hold any employment or contractual relationship with any business entity or any agency which is subject to the regulation of, or is doing business with, an agency of which he or she is an officer or employee, excluding those organizations and their officers who, when acting in their official capacity, enter into or negotiate a collective bargaining contract with the state or any municipality, county, or other political subdivision of the state; nor shall an officer or employee of an agency have or hold any employment or contractual relationship that will create a continuing or frequently recurring conflict between his or her private interests and the performance of his or her public duties or that would impede the full and faithful discharge of his or her public duties.” Discussion It appears that Section 112.313(7), Fla. Stat. may arguably be violated if the Advisory Board member were to enter into a Grant Agreement with the County (either the Board of County Commissioners or the 16.B.2.d Packet Pg. 1376 Attachment: 4-Samblanet-Advisory Board Waiver to Apply for a grant March 10 2020 (12221 : CRA- Shoreline Stabilization Grant) 03/10/2020 CRA). The nature of the conflict is a status conflict. It is different from a voting conflict. It is based strictly on Mrs. Samblanet’s status as an advisory board member. As a status conflict, the BCC may waive this strict violation. Mrs. Samblanet’s status conflict is arguably different from other status conflicts which the County Attorney’s Office has reviewed. The County Attorney’s Office has reviewed other status conflicts and recommended against seeking a waiver from the Board of County Commissioners based on the direct relationship between the advisory board membership and the agreement at issue. In this case, the County Attorney’s Office believes that it is appropriate to request a waiver of this status conflict pursuant to Section 112.313(12), Fla. Stat., Exemption, which provides in relevant part, “The requirements of subsection (7) as they pertain to persons serving on advisory boards may be waived in a particular instance by the body which appointed the person to the advisory board, upon a full disclosure of the transaction or relationship to the appointing body prior to the waiver and an affirmative vote in favor of waiver by two-thirds vote of that body.” FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires at least two- thirds majority vote for approval. - CMG RECOMMENDATION: That the Board of County Commissioners waive any potential ethics conflict for Haldeman Creek MSTU Advisory Board member Kathleen Riley Samblanet based on Ch. 112, Florida Statutes. Prepared by: Colleen M. Greene, Managing Assistant County Attorney Debrah Forester, CRA Director 16.B.2.d Packet Pg. 1377 Attachment: 4-Samblanet-Advisory Board Waiver to Apply for a grant March 10 2020 (12221 : CRA- Shoreline Stabilization Grant) 03/10/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.B.1 Doc ID: 11803 Item Summary: Recommendation to review and approve the County Attorney’s recommendation to waive any potential ethics conflict for a Haldeman Creek MSTU Advisory Board member based on Ch. 112, Florida Statutes. Meeting Date: 03/10/2020 Prepared by: Title: – County Manager's Office Name: Debrah Forester 02/24/2020 3:25 PM Submitted by: Title: – County Manager's Office Name: Debrah Forester 02/24/2020 3:25 PM Approved By: Review: Tourism Debrah Forester Stage 1 Review Skipped 02/24/2020 3:14 PM Public Services Department Debrah Forester Stage 1 Review Skipped 02/24/2020 3:14 PM Corporate Business Operations Debrah Forester Stage 1 Review Skipped 02/24/2020 3:14 PM County Manager's Office Debrah Forester Director - CRAs Skipped 02/24/2020 3:14 PM Corporate Business Operations Sean Callahan Executive Director- Corp Business Ops Completed 02/26/2020 4:51 PM County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 02/28/2020 9:38 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/28/2020 11:10 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/28/2020 12:36 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 02/29/2020 1:15 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/01/2020 11:08 AM Board of County Commissioners MaryJo Brock Meeting Pending 03/10/2020 9:00 AM 16.B.2.d Packet Pg. 1378 Attachment: 4-Samblanet-Advisory Board Waiver to Apply for a grant March 10 2020 (12221 : CRA- Shoreline Stabilization Grant)