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Agenda 07/07/2015 Item #10A/'1 EXECUTIVE SUMMARY n 7/7/2015 10.A. Recommendation that the Board of County Commissioners direct the County Attorney to advertise a hearing to repeal Ordinance 2013 -70 to remove the MSBU established to fund La Peninsula seawall repair as requested by La Peninsula legal counsel. OBJECTIVE: To rescind Ordinance 2013 -70 which was created to assist La Peninsula through means of an MSBU to fund seawall repairs for public health and safety purposes. CONSIDERATIONS: On January 14, 2014, the Board of County Commissioners approved Ordinance 2013 -70 establishing an MSBU to fund seawall repair or replacement for the private, gated community La Peninsula. On February 11, 2014, an Executive Summary to rescind the creation of Ordinance 2013 -70 failed maintaining the establishment of a funding source was required for La Peninsula to pay for the repair of or replacement of its seawall. On April 10, 2015, my office received written communication from La Peninsula's legal counsel (see Attachment A) requesting the Board to rescind Ordinance 2013 -70 as a result of the community obtaining other funding for the seawall repairs. At the February 11, 2014 Board of County Commissioners meeting, Commissioners agreed that if La Peninsula was able to obtain funding through its own sources the Board would agree to dissolve the MSBU established through Ordinance 2013 -70. Because La Peninsula has met these requirements and has legal counsel requesting for the Board to rescind Ordinance 2013 -70, it is recommended for the Board to approve this request. FISCAL IMPACT: Legal advertising costs. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: Recommendation that the Board of County Commissioners to direct the County Attorney to advertise a hearing to repeal Ordinance 2013 -70 to remove the MSBU established to fund La Peninsula seawall repair as requested by La Peninsula legal counsel. Prepared by: Commissioner Tom Henning Attachments: A) La Peninsula Request April 10 2015 Packet Page -417- COLLIER COUNTY Board of County Commissioners Item Number: 10.10.A. 7/7/2015 10.A. Item Summary: Recommendation that the Board of County Commissioners direct the County Attorney to advertise a hearing to rescind Ordinance 2013 -70 to remove the MSBU established to fund La Peninsula seawall repair as requested by La Peninsula legal counsel. (Commissioner Henning) Meeting Date: 7/7/2015 Prepared By Name: SmithCamden Title: Executive Coordinator to Commissioner, 6/26/2015 3:17:32 PM Approved By Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 6/29/2015 3:56:13 PM Name: KlatzkowJeff Title: County Attorney, Date: 6/29/2015 4:07:18 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 6/30/2015 8:42:55 AM Packet Page -418- i- ' Goede, Adamczyk 40 __.j & DeBoest, PLLc .4TTORNEYS J.,Vl) I'ROFES'SI0:1 AL COUAISEL www.GAD- Low.com A full service firm serving South Florida April 10, 2015 Via Regular US Mail and Electronic Mail: CamdenSmith(a),colliergov.net Mr. Tom Henning, Chairman Collier County Board of County Commissioners 3299 Tamiami Trail E. Naples, Florida 34112 -5746 Steven J Adamezyk Stanley A. Bummer, Jr. Brian O. Cross Richard D. DeBoest, 11 John C. Goede Can./ J. Goggin Jason R. Hbnschoot Harris Katz 7/7/2015 10.A. Christopher O'Connell S. Kyla Thomson: Christopher J. Thornton Avi S. Tnjso►n Steven R. Braten of counsel Re: The Club at La Peninsula, Inc. Request for Addition to BOCC Agenda Concerning Rescission of 2013 -70 Dear Commissioner Henning: This Firm has the pleasure of representing The Club at La Peninsula, Inc., a Florida not for profit corporation ( "The Club "). As you may recall, a public hearing was conducted by the Board of County Commissioners on May 13, 2014 concerning a possible rescission or abeyance of Ordinance 2013 -70 creating the Multiple Service Benefit Unit ( "MSBU ") for the La Peninsula seawall. My Client, the Club, has title to the seawall and is legally responsible for the maintenance, repair and replacement of the seawall. A copy of page 95 of the minutes from the May 13, 2014 hearing is enclosed herewith, which includes a summary of the motion approved by a majority of the BOCC. Specifically, the motion was described as follows: MR. OCHS: What we're saying is -- what I'm hearing is to maintain the MSBU ordinance as you have right now in place. Don't act on it, allow the master homeowners association to move forward at their expense with the engineering and the execution of the repairs as they've represented to you here today. Monitor that progress. And at such time as there's evidence that they're moving forward with that repair, we would come back to the board and ask you to make a decision about whether you want to continue to hold the MSBU in abeyance or you want to rescind the MSBU at that point in time. Packet Page -419- 8950 Fontana Del Sol Way Ste 100 Naples, Florida 34109 239.331.5100 Phone 239 -331 -5101 Fox 2600 Douglas Road Ste 717 Coral Gables, Florida 33134 239.331.5100 Phone 786- 294 -6002 Fax 2030 McGregor Boulevard Fort Myers, Florida 33901 239.333.2992 Phone 239 - 333 -2999 Fax 500 Gulfstream Boulevard Ste 104 Delray Beach, Florida 33483 561 -270 -3291 Phone 888 - 202 -1679 Fax Packet Page -419- 7/7/2015 10.A. Coede, Adamczyk and DeBoest, PLLC Page 2 of 3 The purpose of this correspondence is to a) update the County on the actions taken by the Club in furtherance of the seawall repair; and b) request this matter be placed on a special agenda for action and rescission of the MSBU and Ordinance 2013 -70. Update Coneerninx Club Seawall Repairs 1. Line of Credit. As represented to the BOCC on May 13, 2014, the Club has secured financing to fund the seawall stabilization. On or about October 28, 2014, the Club closed on a Five Million Dollar ($5,000,000.00) line of credit with Central Bank, a Minnesota banking corporation, authorized to do business in Florida as Central Bank. To date, the Club has only drawn Fifty Thousand Dollars ($50,000.00) on the line of credit and the maturity date is October 28, 2024. A copy of the fully executed Promissory Note is enclosed herewith for your reference. 2. Special Assessment. As a mechanism to repay the line of credit, the Club has levied a special assessment against all unit owners. The special assessment was levied by the Board of Directors in accordance with Florida law at a duly noticed meeting of the Club Board of Directors on February 4, 2015. The amount of the special assessment is Three Million and Three C�, J12 Hundred and Forty Four Thousand Dollars ($3,344,000.00), or Nineteen Thousand Dollars ($19,000.00) per unit. All unit owners were provi edm Qption f eying the special assessment �/ in a lump sum due April 1, 2015, or in twen (20) installment paymen eginning April 1, 2015. In addition to funds currently in the Club's seaw a accoun it is anticipated that .-t the special assessment funds and future reserve contributions will be sufficient to complete the seawall repairs and the installment payment mechanism also ensures that the Club will receive funds to repay the line of credit in five (5) years. A copy of the minutes from the February 4, 2015 Special Meeting of the Club Board of Directors is enclosed herewith for your reference. 3. Ennineerin¢. The Club has retained the engineering firm of Turrell, Hall & Associates, Inc. in Naples, Florida (" Turrelr ). Turrell has been retained to propose an engineering solution to stabilize the seawall and seek and obtain the necessary permits to complete the seawall repairs. Turrell has currently proposed two options for seawall stabilization and these options are outlined in the enclosed memorandum dated February 24, 2105 prepared by Todd Turrell, PE and Joshua W. Maxwell, EIT and Project Manager. Turrell has proposed two (2) options to stabilize the La Peninsula Seawall. Option 1 provides rip rap entombment around the entire property supported by toe - support pilings with varying protrusions. Option 1 also provides for a new vinyl seawall abutting the boat dock areas to avoid the installation of rip rap in any boat slip. The estimated cost for Option 1 is $3,681,000. Option 1 is further broken down into Phase 1 and Phase 2. Phase 1 is based on previously permitted work and Phase 2 will require new permits and applications with Florida and federal agencies. 8950 Fontana Del Sol way Ste 100 Naples, Florida 34109 239.331.5100 Phone 239 - 331 -5101 Fax 2600 Douglas Rood Ste 717 Coral Gables, Floddo 33134 239.3315100 Phone 786 - 294 -6002 Fox 2030 McGregor Boulevard Fort Myers, Florida 33901 239.333.2992 Phone 239-333-2999 Fax Packet Page -420- 500 Guljstream Boulevard Ste 104 Delray Beach, Florida 33483 561 - 270.3291 Phone 888-202-2679 Fox 7/7/2015 10.A. Goodv, AdmnczN,k and Dolyoest, PIA C Option 2 is similar to Option 1 and also includes a new vinyl seawall for the entire property and not only the boat dock areas. Option 2 is likewise further broken down into a similar Phase 1 and Phase 2. The estimated cost for Option 2 is $4,166,000. 4. Phase 1 Permits. The Club has received approved permits for Phase 1 referenced above from the Florida Department of Environmental Protection ( "Florida DEP "). This approval is sufficient for either Option I or Option 2. As of the date of this correspondence, the Club has not received federal approval to begin Phase I construction but said approval is anticipated. In the event Phase 1 requires review and approval from the Army Core of Engineers, this review mechanism would delay the initiation of Phase 1. Turrell is also pursuing approval of the Phase 2 permits, which will need to be approved by both the Florida DEP and federal regulatory agencies. I have enclosed a copy of the Florida DEP correspondence dated January 19, 2015 for your review. Turrell is soliciting bids for Phase 1_ construction for both Option I and Option 2 outlined above in the enclosed February 24, 2015 memorandum. In summary, the Club has closed and secured more than sufficient credit to complete the seawall project and has levied a special assessment against the unit owners to repay the line of credit and fund the seawall stabilization project. The Club has retained a reputable and experienced engineering firm to engineer an appropriate and effective solution and the Club is pursuing the necessary permits from the Florida DEP and federal agencies to begin Phase 1 construction. Assuming Phase 1 will not require review b the Army Core of En ineers it is anticipated that a contractor will be retaine or P ase 1 constructian and that work will begin within six_ (§) As a result of the efforts and progress outlined above, please accept this correspondence as a formal request from the Club for an expeditious special set hearing before the BOCC for the purpose of discussion and action to rescind the MSBU and Ordinance 2013 -70. Thank you for your assistance to this matter and please contact me should you have any questions or concerns. .fully submitted, Adamczyk & DeBoest, PLLC Steve Adamezyk, Esq. cc: Client Scott Teach, Esq., Deputy County Attorney Mr. Leo Ochs, Jr., County Manager 8950 Fontana Del Sol Way Ste 100 Naples, Florida 34109 239.331.5100 Phone 239- 331 -5101 Fox 2600 Douglas Rood Ste 717 Coral Gables, Florida 33134 239.331.5100 Phone 786 - 294 -6002 Fax 2030 McGregor Boulevard Fort Myers, Florida 33901 239.333.2992 Phone 239- 333 -2999 Fax Packet Page -421- 500 Guljstreom Boulevard Ste 104 Delray Beach, Florida 33483 561- 270 -3291 Phone 888 - 202 -1679 Fox