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VB Waterways MSTU Agenda 03/01/2022Vanderbilt Waterway MSTU Advisory Committee 8300 Radio Road Naples, FL 34104 MARCH 3, 2022 10:00 AM Committee Members and Project Manager will meet at Claussen Family Center at St. John’s Church 625 111TH Ave., Naples, FL All others are encouraged to attend via Zoom video conference I. Call to order and Pledge of Allegiance II. Attendance Advisory Committee Clint Cuny- Chair (2/12/25) Pam Marsal Vice Chair (2/12/23) Thomas M. Burke (2/12/25) Nancy Koeper (2/12/23) Staff Harry Sells – PTNE Project Manager Michelle Arnold – PTNE Director Transcriptionist Wendy Warren III. Approval of Agenda IV. Approval of Minutes – February 4, 2021 V. Election of Officers- Vincent Fantegrossi Resignation VI. Project Manager Report - Harry Sells A. Channel Status B. Budget Report 1. FY 2 2 Budget Report 2. Long Term Maintenance Plan 3. FY 2 3 Proposed Budget Discussion VII. Old Business VIII. New Business IX. Public Comments X. Member Comments XI. Adjourn NEXT MEETING DATE : TO BE DETERMINED 38.A.2 Packet Pg. 956 Attachment: Agenda & Backup Vanderbilt Wateway MSTU 03-03-2022 (21802 : Vanderbilt Waterway MSTU - 03-03-2022) Vanderbilt Waterway MSTU Advisory Committee 2399 East Tamiami Trail Suite 103 Naples, FL 34112 FEBRUARY 1, 2021 1:00 P.M. 8300 Radio Road Naples Fl 34104 I. Call to order and Pledge of Allegiance Meeting called to order by Chair Clint Cuny at 1:01 PM. A quorum of three was present. The Pledge of Allegiance was recited. II. Attendance Advisory Committee Clint Cuny, Chair Vincent Fantegrossi (Excused) Nancy Koeper Pam Marsal Vacancy Staff Harry Sells – Project Manager Michelle Arnold – PTNE Director Rosio Garcia – Administrative Assistant Transcriptionist Wendy Warren IV. Approval of Agenda Chair Cuny moved to approve the February 1, 2021 Agenda of the Vanderbilt Waterway M.S.T.U. Second by Ms. Marsal. Carried unanimously 3 - 0. V. Approval of Minutes for February 18, 2020 Chair Cuny moved to approve the minutes of the February 18, 2020 Vanderbilt Waterway M.S.T.U. meeting as presented. Second by Ms. Marsal. Carried unanimously 3 - 0. VI. Project Managers Report A. FY-2021 Budget Report Mr. S ells summarized the “Vanderbilt Waterway MSTU Fund Budget 168 dated October 19, 2021” for information purposes and provided an overview of the budget noting: • FY-20 Ad Valorem property tax revenue budget is $384,000.00. The Millage rate is 0.30 mils. • Total revenue FY-20 is $464,206.47 including loan proceeds and carry forward of encumbered amount (minus a 5% reserve of $19,300). • Current Operating Expense Budget is $85,706.47 of which Commitments total $942.80; Expenditures $57.20. • Uncommitted Operating Expense funds available are $84,706.47. • Line 30, Trans to 111 Unincor, is Reimbursement for Staff expense. 38.A.2 Packet Pg. 957 Attachment: Agenda & Backup Vanderbilt Wateway MSTU 03-03-2022 (21802 : Vanderbilt Waterway MSTU - 03-03-2022) 2 • Line 31 ADV/REPAY to 001 General Fund budgeted at $190,100.00 and $52,000.00 are reserved for two (2) payments on the loan balance to be paid at the discretion of the Office of Budget Management (OMB). • Line 32, Budget Transfer from Appraiser, in the amount of $4,500.00, is expense incurred to list in the Appraisers Guide and Line 32, Budget Transfer from Tax Collector, in the amount of $12,500.00 or 3.5% of Ad Valorem Tax Revenue, is levied for tax collection. • A Reserve for Contingency, Line 35, in the amount of $103,400.00 was added by the OMB. • Total available balance, less committed expenses, is $214,101.86. Total cost of the Water Turkey Bay dredging project including the survey was $711,000.00 B. Channel Status Mr. Sells reported: • The dredging project for Water Turkey Bay, undertaken by Collier County Coastal Zone Management, is complete. • Humiston & Moore Engineers “After Dredge Survey” was completed January 15, 2020 and Mean Low Tide height deemed satisfactory at about 6.5 feet. • A touch up dredge will be completed if “high” spots are identified in the future. Mr. Sells will: • Determine through consultations with various parties if tide flow in Turkey Bay will cause uneven/high spots. • Contact the Coastal Zone Management (CZM) to request assistance in “leveling out” the channel as it transitions from Turkey Bay to Wiggins Pass. VII. Old Business None VIII. New Business A. Recommendation for approval of new committee members Consider Clint Cuny for re-appointment to the Advisory Committee Mr. Sells informed the Committee Chair Cuny had filed an application to be reappointed to the Vanderbilt Waterway M.S.T.U. Advisory Committee for a four-year term. The members noted the contributions Chair Cluny has made to the Advisory Committee. Ms. Koeper motioned to recommend the Board of County Commissioners appoint Clint Cuny to the Vanderbilt Waterway M.S.T.U. Advisory Committee for a four-year term commencing February 13, 2021. Second by Ms. Marsal. Carried unanimously 3 – 0. Consider Thomas M. Burke Jr. as member of Advisory Committee Mr. Burke’s application for the vacant position on the Vanderbilt Waterway M.S.T.U. Advisory Committee for consideration was distributed to the Committee. Mr. Sells presented an overview of the M.S.T.U.’s duties and responsibilities’ noting it reflects the common interest of the community. It is a County run authority taxing all 38.A.2 Packet Pg. 958 Attachment: Agenda & Backup Vanderbilt Wateway MSTU 03-03-2022 (21802 : Vanderbilt Waterway MSTU - 03-03-2022) 3 property owners within the defined boundaries. Monies must be expended for the equal benefit of all those within the M.S.T.U. Mr. Burke shared his credentials with the Committee and expressed his desire to participate as a member of the Advisory Committee. Chair Cuny motioned to recommend the Board of County Commissioners appoint Thomas M. Burke Jr. to the Vanderbilt Waterway M.S.T.U. Advisory Committee for a four-year term. Second by Ms. Koeper. Carried unanimously 3 – 0. B. Election of Officers 2021-2022 i. Nominations for Chair Ms. Koeper nominated Clint Cuny for the position of Chair of the Vanderbilt Waterway M.S.T.U. Advisory Committee for one year, or until a successor is appointed. Second by Ms. Marsal. Nominations were closed and no others were tendered. Mr. Cluny retained the Chair. ii. Nominations for Vice-Chair Chair Cuny nominated Pam Marsal for the position of Vice-Chair of the Vanderbilt Waterway M.S.T.U. Advisory Committee for one year, or until a successor is appointed. Second by Ms. Koeper. Carried unanimously 3 – 0. Nominations were closed and no others were tendered. Ms. Marsal assumed her position as Vice-Chair of the Committee. C. Approval of Bylaws The Committee discussed the bylaws for the Vanderbilt Waterway Municipal Service Taxing Unit (MSTU) Advisory Committee with Staff reporting the document is identical to the current bylaws. Chair Cuny motioned to approve the Vanderbilt Waterway Municipal Service Taxing Unit (M.S.T.U.) bylaws. Second by Ms. Marsal. Carried unanimously 3 – 0. Chair Cluny, Vice-Chair Marsal and Ms. Koeper signed the bylaws document. D. Long Term Maintenance Plan The Vanderbilt Waterway Maintenance Plan FY-22 report identifies community assets and defines financial requirements to maintain the assets. • The report addresses timelines for surveying and dredging Water Turkey Bay. • The three 2019 dredging events for Water Turkey Bay, Wiggins Pass and Caxambas Pass were combined to save mobilization costs. • Future dredging cost is an unknown and may be borne by the MSTU in its entirety. • Channel may require sectional dredge or complete dredge to a depth of 6.5 feet. 38.A.2 Packet Pg. 959 Attachment: Agenda & Backup Vanderbilt Wateway MSTU 03-03-2022 (21802 : Vanderbilt Waterway MSTU - 03-03-2022) 4 • Estimated maintenance projected expense of $1,630,000.00 will be reflected as “Capital Replacement Reserve” on the FY-22 budget. Cost will increase with inflation and ex- pansion of assets. E. FY-22 Budget Discussion • The Committee makes budget recommendations; the Board of County Commissioners (BCC) approves the budget. • The principal loan balance for the Water Turkey Bay dredging project is $435,100.00. • A $190,100.00 loan installment will be paid in 2021. • The OMB recommends a loan payment of $125,000.00 for FY-22 and FY-23. • Estimated Carry Forward Funds FY-21 to FY-22 are $82,100.00. • The FY-22 budget will be presented to the Committee in May 2021. Chair Cuny motioned to recommend a loan payment in the amount of $125,000.00 for Fiscal Years 2022 and 2023, until the loan is paid in full. Second by Ms. Koeper. Carried unanimously 3 – 0. Millage Rate: The M.S.T.U. is provided two options for the millage rate, currently assessed at 0.30: • Lower the current millage rate to establish a Revenue Neutral Policy, maintaining the FY-21 income level. • Maintain the current millage rate, increasing revenue equal to the Ad Valorem property value increase assessed by the County appraiser. Chair Cuny motioned to approve maintaining a Revenue Neutral Budget for FY-22. Second by Ms. Koeper. Carried unanimously 3 – 0. IX. Public Comments None X. Member Comments Chair Cuny queried regarding responsibility for the inner coastal waterway north of Wiggins Pass to Bonita Beach Road, citing the water depth is lower than Turkey Bay. Mr. Sells noted the area is under Coastal Zone Management. The County project for beach renourishment and dredging is funded by the Tourist Tax. Ms. Arnold will investigate entity responsible for the inner coastal waterway between Wiggins Pass and Bonita Beach Road. XI. Adjourn There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 2:20 P.M. 38.A.2 Packet Pg. 960 Attachment: Agenda & Backup Vanderbilt Wateway MSTU 03-03-2022 (21802 : Vanderbilt Waterway MSTU - 03-03-2022) 5 VANDERBILT BEACH WATERWAY MSTU ADVISORY COMMITTEE ______________________________________ Clint Cuny, Chairman The minutes approved by the Advisory Committee on , 2022 “as submitted” [___] or “as amended” [___]. NEXT MEETING: TO BE DETERMINED 38.A.2 Packet Pg. 961 Attachment: Agenda & Backup Vanderbilt Wateway MSTU 03-03-2022 (21802 : Vanderbilt Waterway MSTU - 03-03-2022) VANDERBILT WATERWAYS MSTU FUND 168 February 15, 2022 FY22 Vendor Item PO#Budget Commitments Expenditures Total 1 CUR AD VALOREM TAX (403,500.00)$ -$ (345,179.03)$ (58,320.97)$ 3 OVERNIGHT INTEREST -$ -$ (40.87)$ 40.87$ 4 INVESTMENT INT. -$ -$ (454.02)$ 454.02$ 5 REVENUE STRUCTURE (403,500.00)$ -$ (345,673.92)$ (57,826.08)$ 6 TRANS FROM PROP. APPR.-$ -$ -$ -$ 7 TRANS FROM TAX COLL.-$ -$ -$ 8 CARRY FOR OF ENCUMB AMT (187,200.00)$ -$ -$ (187,200.00)$ 9 NEG 5% EST REV 20,200.00$ -$ -$ 20,200.00$ 10 TRANSFERS & CONTRIB (167,000.00)$ -$ -$ (167,000.00)$ 11 TOTAL REVENUE (570,500.00)$ -$ (345,673.92)$ (224,826.08)$ 13 INDIRECT COST Collier County Direct Pay 5,000.00$ 5,000.00$ -$ -$ 14 OTHER CONTRACTUAL 82,500.00$ -$ -$ 82,500.00$ 15 INSURANCE GENERAL 100.00$ 50.00$ 50.00$ -$ 16 OTHER MISCELLANEOUS Premier Staffing Transcriptionist Services 4500199278 900.00$ 600.00$ -$ 300.00$ 17 COPYING CHARGES JM Todd Copier Lease 4500201393 200.00$ 77.49$ 36.79$ 85.72$ 18 OTHER OPER SUPPLIES 500.00$ -$ -$ 500.00$ 19 OPERATING EXPENSE 89,200.00$ 5,727.49$ 86.79$ 83,385.72$ 20 TRANS TO 111 UNINCOR 16,600.00$ -$ -$ 16,600.00$ 21 ADV/REPAY TO 001 GENERAL FUND 236,800.00$ -$ 118,400.00$ 118,400.00$ 22 ADV/REPAY TO 111 UNINCORPORATED 1,000.00$ -$ -$ 1,000.00$ 23 Budget Trans from Appraiser 4,500.00$ -$ 1,576.72$ 2,923.28$ 24 Budget Trans from Tax Collector 12,900.00$ -$ 7,053.11$ 5,846.89$ 25 TRANSFERS 271,800.00$ -$ 127,029.83$ 144,770.17$ 26 RESV FOR CAPITAL 209,500.00$ -$ -$ 209,500.00$ 27 RESERVES 209,500.00$ -$ -$ 209,500.00$ 28 TOTAL BUDGET 570,500.00$ 5,727.49$ 127,116.62$ 437,655.89$ Total Available Balance 437,655.89$ Plus Commited And Not Spent 5,727.49$ Estimated Cash 443,383.38$ 385,062.41$ Estimated Cash Less Uncollected Ad Valorem Taxes 38.A.2 Packet Pg. 962 Attachment: Agenda & Backup Vanderbilt Wateway MSTU 03-03-2022 (21802 : Vanderbilt Waterway MSTU Category Sub Category Type / Location (Current) OMS Numbers Quantity Units Year (Install) Year (Replace) $Cost (then YR) Annual Reserve Addition Annual Maint VB Channel Eng. Survey Bluebill to Cocohatchee R 1 1 EA 2020 2024 (Tentative)$30,000 $15,000 NA Dredge Bluebill to Cocohatchee R 1 1 EA 2020 2032 $1,600,000 $177,800 NA Vanderbilt Waterway Maintenance Plan FY 23 MSTU will pay off loan in FY 22 and will start maintenance plan by placing funds in reserve in FY 23 38.A.2 Packet Pg. 963 Attachment: Agenda & Backup Vanderbilt Wateway MSTU 03-03-2022 (21802 : Vanderbilt Waterway MSTU VANDERBILT WATERWAYS MSTU FUND 168 Millage 0.3 ub FY 22 FY23 Vendor Item PO#FY22 Budget FY 23 Budget 1 CUR AD VALOREM TAX (403,500.00)$ (443,000.00)$ 3 OVERNIGHT INTEREST -$ 4 INVESTMENT INT. -$ 5 REVENUE STRUCTURE (403,500.00)$ (443,000.00)$ 6 TRANS FROM PROP. APPR.-$ 7 TRANS FROM TAX COLL.-$ 8 CARRY FOR OF ENCUMB AMT (187,200.00)$ (82,500.00)$ 9 NEG 5% EST REV 20,200.00$ 22,150.00$ 10 TRANSFERS & CONTRIB (167,000.00)$ (60,350.00)$ 11 TOTAL REVENUE (570,500.00)$ (503,350.00)$ 13 INDIRECT COST Collier County Direct Pay 5,000.00$ 5,000.00$ 14 OTHER CONTRACTUAL 82,500.00$ 100,000.00$ 15 INSURANCE GENERAL 100.00$ 100.00$ 16 OTHER MISCELLANEOUS Premier Staffing Transcriptionist Services 4500199278 900.00$ 900.00$ 17 COPYING CHARGES JM Todd Copier Lease 4500201393 200.00$ 200.00$ 18 OTHER OPER SUPPLIES 500.00$ 500.00$ 19 OPERATING EXPENSE 89,200.00$ 106,700.00$ 20 TRANS TO 111 UNINCOR 16,600.00$ 16,600.00$ 21 ADV/REPAY TO 001 GENERAL FUND 236,800.00$ 22 ADV/REPAY TO 111 UNINCORPORATED 1,000.00$ 1,000.00$ 23 Budget Trans from Appraiser 4,500.00$ 4,500.00$ 24 Budget Trans from Tax Collector 12,900.00$ 12,900.00$ 25 TRANSFERS 271,800.00$ 35,000.00$ 26 RESV FOR CAPITAL 209,500.00$ 361,650.00$ 27 RESERVES 209,500.00$ 361,650.00$ 28 TOTAL BUDGET 570,500.00$ 503,350.00$ Total Available Balance Plus Commited And Not Spent Estimated Cash -$ Estimated Cash Less Uncollected Ad Valorem Taxes 38.A.2 Packet Pg. 964 Attachment: Agenda & Backup Vanderbilt Wateway MSTU 03-03-2022 (21802 : Vanderbilt Waterway MSTU CMA #5411 HYBRID REMOTE PUBLIC MEETINGS Page 1 of 3 [Effective Date: October 1, 2021] § 5411-1. Purpose. The purpose of this Instruction is to provide for hybrid remote public meetings that may be conducted to facilitate the telephonic or remote participation of members of boards, committees, agencies, staff, consultants, and the public. § 5411-2. Definitions. A. Access Point - means a designated place where a person interested in attending a communications media technology proceeding may go for the purpose of attending the proceeding. B. Attend - means having access to the communications media technology network being used to conduct a proceeding. C. Communications Media Technology (CMT) – means the electronic transmission of printed matter, audio, full-motion video, freeze frame video, compressed video, and digital video by any method available. D. Hybrid Remote Public Meeting - means a public meeting conducted utilizing both in- person and remote participation via communications media technology. § 5411-3. Procedures. A. Approval of Hybrid Remote Public Meetings (1) Conducting a hybrid remote public meeting requires the authorization of the County Manager or their designee. The County Manager or their designee is the final decision - maker on all scheduling or technical conflicts. (2) Prior to a board, committee, or agency staff member or consultant establishing t he use of CMT for conducting hybrid remote public meetings, staff for said entity must: a. Obtain authorization from the County Manager or their designee. Staff will submit to the County Manager or their designee a proposed plan for facilitating the meetings, which will include all staff responsible for or to be in attendance at the meetings; the dates, places, and times of the proposed meetings; and the manner in which the proposed meetings will be conducted. If approved, b. Contact the County Attorney who will review the proposed process to assure all legal requirements can be met. c. Coordinate with the Communications or Television Operations Manager and IT, when necessary, to ensure that CMT employed is appropriate for meeting facilitation and to ensure that the entity’s staff are appropriately trained for its utilization. d. Coordinate with the Chair and other members of the committee or board. 38.A.2 Packet Pg. 965 Attachment: Agenda & Backup Vanderbilt Wateway MSTU 03-03-2022 (21802 : Vanderbilt Waterway MSTU - 03-03-2022) CMA #5411 HYBRID REMOTE PUBLIC MEETINGS Page 2 of 3 B. Notice of a Hybrid Remote Public Meeting A hybrid remote public meeting notice shall provide all information required by law for an in- person public meeting and shall include: (1) The address or addresses of all access points where an interested person may go for the purpose of attending the proceeding. (2) An address, e-mail address, and telephone number where an interested person may write or call for additional information. An opportunity for remote public comment will be provided for any hybrid remote public meeting. Information on how to register in advance of the hybrid remote public meeting and the deadline for such registration for remote public comment will be included in the public meeting notice. The public notice provided for each hybrid remote public meeting should include the following: “Remote participation is provided as a courtesy and is at the user’s risk. The County is not responsible for technical issues.” C. Conducting a Hybrid Remote Public Meeting A hybrid remote meeting may be conducted for any public hearing, including quasi-judicial proceedings, provided that all legal requirements can be met. If a quorum is physically present, the participation of a n absent member by communications media technology is permissible when such absence is due to extraordinary circumstances such as illness. An extraordinary circumstance shall be determined in the good judgment of the board or committee. Participants required to provide sworn testimony as part of a hybrid remote public meeting must be physically present. Public access to a hybrid remote public meeting must be provided where those participating in-person are physically located. Members of the public who are participating in-person will be allowed to speak during the public comment portion of a hybrid remote public meeting. Entity staff will ensure that individuals who will be participating remotely will be given written instructions on how to participate remotely. Remote public comment participants will be placed in a queue on a first-come, first-serve basis, and will be notified by a member of County staff when they will be permitted to speak. All speakers participating electronically must b e recognized by the Chair prior to speaking, and no more than one person will speak at the same time. To facilitate the orderly conduct of the meeting, the County will “mute” or otherwise disable the lines of members of the public until such time as they are recognized to speak. All individuals participating in hybrid remote public meetings must identify themselves each time they speak. 38.A.2 Packet Pg. 966 Attachment: Agenda & Backup Vanderbilt Wateway MSTU 03-03-2022 (21802 : Vanderbilt Waterway MSTU - 03-03-2022) CMA #5411 HYBRID REMOTE PUBLIC MEETINGS Page 3 of 3 Rules of decorum applicable to meetings of the Board of County Commissioners shall apply to all County hybrid remote public meetings. At the discretion of the Chair, participants attending remotely may be disconnected from the hybrid remote public meeting for violating the rules of decorum. All public comment in a hybrid remote public meeting will be limited to a maximum of three (3) minutes unless the Chair, in their discretion, allows additional time. Remote participants will not be allowed to receive speaking time from another speaker or to provide speaking time to another speaker. Individuals participating by phone will not have the benefit of visual presentations unless the meeting is televised or conducted using remote access software. Individuals participating by phone and those in attendance must keep in mind that there is a delay in the broadcast. The Chair may need to account for this as they conduct the meeting. D. Annual Review On July 1 of each year, each board and committee utilizing an approved hybrid remote public meeting format will provide a report to the County Manager or their designee summarizing each of the following (where applicable): (1) Average number of board or committee members utilizing the remote option for meeting participation (outside of the required in-person quorum). (2) Average number of public commenters utilizing the remote option to provide citizen input. (3) Average number of public commenters providing in-person citizen input. (4) Any proposed change to their current hybrid remote public meeting format. (5) Any updated hybrid public meeting staff facilitator direct contact information. The County Manager or their designee will review the report and determine if hybrid remote public meeting utilization by the board or committee will be reauthorized. § 5411-3. Currency. The Communications, Government & Public Affairs Division is responsible for maintaining the currency of this Instruction. 38.A.2 Packet Pg. 967 Attachment: Agenda & Backup Vanderbilt Wateway MSTU 03-03-2022 (21802 : Vanderbilt Waterway MSTU - 03-03-2022)