Agenda 02/13/2018 Item #17D02/13/2018
EXECUTIVE SUMMARY
Recommendation to adopt an ordinance amending Ordinance 2006-60, as amended, to expand the
Haldeman Creek Maintenance Dredging Municipal Service Taxing Unit (MSTU) boundaries of the
unit to add 17 parcels.
OBJECTIVE: To adopt an ordinance amending Ordinance 2006-60, as amended, to expand the
Haldeman Creek MSTU boundaries to add 17 parcels to reflect the purpose, intent, and benefit associated
with the maintenance of Haldeman Creek.
CONSIDERATIONS: On January 23, the Collier County Board of County Commissioners (BCC)
authorized Staff to advertise and schedule a public hearing to amend Ordinance 2006-60, as amended, to
expand the Haldeman Creek Maintenance Dredging Municipal Service Taxing Unit (MSTU) boundaries
of the unit to add 17 parcels.
As background, on December 12, 2017, the BCC heard a Public Petition request from Stephen Kwedar
requesting relief from the assessment for the Haldeman Creek MSTU because his property is located
outside of the boundary as adopted in 2008.
Dr. Kwedar’s property is located in the Regatta Landing Condominium. Regatta Landing (FKA
Haldeman’s Landing) submitted a Site Development Plan in 2013 and subsequent reviews and approvals
including the last insubstantial change approved in 2015. Five parcels were included in the Site
Development Plan approval documents, including the parcel that now includes Dr. Kwedar’s
condominium.
Declaration of Condominium for the Regatta Landing was recorded in January 2016. The document states
an owner of each condominium unit shall become a member of the Condominium Association
automatically at the time the transfer of deed.
Condominium Documents for Regatta Landing include the following provisions that are relevant to
Haldeman Creek:
Membership rights to use common elements.
Access to kayak launch located on the common element.
Acknowledgement that Haldeman Creek is a navigable channel.
Acknowledgement that in addition to property taxes, owners may be required to pay into
the MSTU.
Developer’s right to amend the Condominium Declaration for purposes of adding
proposed phases to the condominium.
Phase 17 may contain kayak launch and kayak storage area and the maintenance of such
facilities will be common expenses.
On September 19, 2016, the First Amendment to the Declaration of Condominium for Regatta Landing to
include Phase 3, Building 1 (Dr. Kwedar’s unit is located in Building 1) was recorded. The amendment
includes the statement that each unit’s fractional portion of the undivided share in th e Common Elements,
and each Unit’s fractional portion and manner of sharing the Common Expenses and owning the
Common Surplus will be 12.5%. The share will decrease as additional phases are completed.
Dr. Kwedar’s parcel was declared a condominium for the first time in the calendar year of 2016, and was
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assessed for the first time on the 2017 Tax Roll. The parcel was purchased by Dr. Kewdar on May 31,
2017.
On September 1, 2017, the attorney representing the Collier County Property Appraiser issued a letter to
the Property Appraiser regarding the levy of the MSTU millage to their units outside of the boundary of
the MSTU. He concluded “all of the units within the condominium are property subject to the MSTU
charges.”
Sixteen of the parcels included in this requested expansion are completed condominiums and are included
in the Regatta Landing Condominium. The remaining parcel is included in the SDP and currently has a
construction trailer permitted on the parcel. It is anticipated to be developed and included in the
Condominium documents.
Based on the foregoing, it would be appropriate to expand the Haldeman Creek Maintenance Dredging
Municipal Service Taxing Unit (MSTU) boundaries to add the 17 parcels that are benefited by access to
and use of the kayak launch.
While staff does not believe an amendment is necessary to capture these 17 parcels within the boundaries
of the MSTU, an amendment that depicts the parcels within the boundaries would provide greater
transparency and clarity to the public.
FISCAL IMPACT: Fund 164 - Haldeman Creek MSTU currently levies a .7348 mileage rate on each
parcel with a maximum mileage rate of three mills. The FY 18 property tax levy is $78,900 and the total
budget is $409,200. Fund balance continues to grow and likewise reserves are growing as funds are set
aside for dredging the creek. Sixteen of the parcels are currently being assessed. The one vacant parcel
which is not currently part of the condominium, is expected to be developed with 4 additional
condominium units. Once construction is completed, the additional annual revenue to the Haldeman
Creek MSTU is estimated at $1,800. The cost of advertisement is estimated at $351 and to be taken from
16416257.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated.
ADVISORY COMMITTEE RECOMMENDATIONS: The Haldeman Creek Advisory Board
recommended approval of this item at the January 11, 2018 meeting.
LEGAL CONSIDERATIONS: As stated in the executive summary approving the action to advertise
and hold a hearing, the Regatta Landing Condominium has a number of common elements. These
include a Kayak Launch and Boat Dock Slips which are available to the entire Regatta Landing
community (whose name is not without some bearing on this item). The marketing materials for this
development references both boat dock slips and a kayak launch. The Declaration of Condominium
expressly contemplates payments for MSTU/MSBU Assessments. Mr. Kwedar's unit is located in one of
several buildings which comprise Phase 3 of the Regatta Landing Condominium, which buildings were
added into the condominium under the First Amendment to Declaration. As part of the Regatta Landing
Condominium, Dr. Kweder enjoys all the benefits of the common areas, and is responsible for payment of
his undivided shares of all of the assessments levied against the common elements, which include the
Haldeman Creek MSTU assessments. I have included some of these documents as a separate attachment.
The Property Appraiser has opined that these assessments to Dr. Kweder are lawful and appropriate.
They will be assessed irrespective of whether this item is approved. I am unaware of any mechanism that
the Board can remove Dr. Kweder's assessment without the other 16 units of Phase 3 of the Regatta
Landings Condominium development also being removed, which would put the County in an adverse
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position towards the rest of the condominium community, whose MSTU portion of the condominium
assessment would need to increase. It is my opinion that should the Board wish to exclude Dr. Kweder's
phase from to the MSTU assessment, this item should be continued and additional public hearings noticed
and held, to allow the remainder of this community the ability to participate.
With that noted, this item is approved as to form and legality, and requires majority vote for approval. -
JAB
RECOMMENDATION: Recommendation that the Board of County Commissioners adopt an
ordinance amending Ordinance 2006-60, as amended, to expand the Haldeman Creek Maintenance
Dredging Municipal Service Taxing Unit (MSTU) boundaries of the unit to add 17 parcels.
Prepared by: Debrah Forester, CRA Director
ATTACHMENT(S)
1. Ordinance - Haldeman Creek MSTU - JAB (PDF)
2. Gaylord Wood letter to Property Appraiser (PDF)
3. Haldeman Creek and Regatta Landing Proposed Expansion Map (PDF)
4. MSTU Proposed Expansion Map (PDF)
5. Parcel List of Proposed Expansion (PDF)
6. History of MSTU and Regatta Landing (PDF)
7. Regatta Landing Marketing Brochure (PDF)
8. Regatta Landing Declaration & Amendment Excerpt (PDF)
9. Legal Ad - Agenda ID 4667 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.D
Doc ID: 4667
Item Summary: Recommendation to adopt an ordinance amending Ordinance 2006-60, as
amended, to expand the Haldeman Creek Maintenance Dredging Municipal Service Taxing Unit (MSTU)
boundaries of the unit to add 17 parcels.
Meeting Date: 02/13/2018
Prepared by:
Title: – County Manager's Office
Name: Debrah Forester
01/31/2018 9:07 AM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
01/31/2018 9:07 AM
Approved By:
Review:
County Manager's Office Tim Durham Additional Reviewer Completed 01/31/2018 9:36 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 01/31/2018 4:26 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/31/2018 4:37 PM
County Attorney's Office Michael Cox Level 3 County Attorney's Office Review Skipped 02/01/2018 12:04 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 02/01/2018 12:43 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/03/2018 8:59 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/13/2018 9:00 AM
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Packet Pg. 1765 Attachment: Ordinance - Haldeman Creek MSTU - JAB (4667 : Haldeman Creek Boundary Expansion Ordinance)
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Packet Pg. 1766 Attachment: Ordinance - Haldeman Creek MSTU - JAB (4667 : Haldeman Creek Boundary Expansion Ordinance)
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Packet Pg. 1767 Attachment: Ordinance - Haldeman Creek MSTU - JAB (4667 : Haldeman Creek Boundary Expansion Ordinance)
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Packet Pg. 1768 Attachment: Ordinance - Haldeman Creek MSTU - JAB (4667 : Haldeman Creek Boundary Expansion Ordinance)
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Packet Pg. 1769 Attachment: Ordinance - Haldeman Creek MSTU - JAB (4667 : Haldeman Creek Boundary Expansion Ordinance)
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Packet Pg. 1770 Attachment: Ordinance - Haldeman Creek MSTU - JAB (4667 : Haldeman Creek Boundary Expansion Ordinance)
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Packet Pg. 1771 Attachment: Ordinance - Haldeman Creek MSTU - JAB (4667 : Haldeman Creek Boundary Expansion Ordinance)
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Packet Pg. 1772 Attachment: Ordinance - Haldeman Creek MSTU - JAB (4667 : Haldeman Creek Boundary Expansion Ordinance)
Wood & Stuart, P.A.
Attorneys at Law 304 S.W. 12th Street
____ Fort Lauderdale, Florida 33315
(954) 463-4040, Fax (954) 764-5734
Gaylord A. W ood, Jr. _______________
B. Jordan Stuart (1943-2016)
J. Christopher W oolsey P.O. Box 1987
Bunnell, Florida 32110
(386) 437-9400, Fax (386) 437-9414
Please Reply to Bunnell
September 1, 2017
Ms Jenny Blaje, Director
c/o Honorable Abe Skinner
Collier County Property Appraiser
3950 Radio Road
Naples FL 34104-3750
Re: Regatta Landing Condominium and Haldeman Creek MSTU
Dear Ms Blaje:
Some owners of condominium parcels within the Regatta Landing
Condominium are questioning whether their property is subject to the millage for
the Haldeman Creek MSTU because their units are outside of the boundary for the
MSTU.
The answer is that all of the units within the condominium are properly
subject to the MSTU charges. If you look at the Deed corresponding to the TRIM
notice you sent us, to Mark and Carolyn Mollers, the legal description of the
property conveyed is:
Condominium Unit 1201, Building 1, Phase 3, of REGATTA LANDING, A
CONDOMINIUM, together with an undivided interest in the common
elements, according to the Declaration of Condominium thereof recorded in
Official Records Book 5234, Page 3570, and amended by Book 5315, Page
3647, and as amended from time to time, of the Public Records of Collier
County, Florida.
Most people who own a condominium think that they own a “condominium unit,”
which is the box described in the Declaration. What they actually own is a
“condominium parcel,” which is a “unit” together with an undivided interest in the
“common elements.” Your office assesses “condominium parcels.”
Since a portion of the common elements lie within the Haldeman Creek
MSTU, each condominium parcel is responsible for the millage levied by that
body.
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Packet Pg. 1773 Attachment: Gaylord Wood letter to Property Appraiser (4667 : Haldeman Creek Boundary Expansion Ordinance)
Ms Jenny Blaje, Director
September 1, 2017
Page Two
If any of the residents have a problem with the MSTU, they should be sure
to attend the public hearing on September 7, 2017 as listed in their TRIM notice.
If you have any further questions about this matter, do not hesitate to
inquire.
Sincerely,
GAYLORD A. WOOD, JR.
GAW/jkf
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Packet Pg. 1774 Attachment: Gaylord Wood letter to Property Appraiser (4667 : Haldeman Creek Boundary Expansion Ordinance)
Haldeman Creek MSTU Proposed Expansion
Proposed Expansion
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Packet Pg. 1775 Attachment: Haldeman Creek and Regatta Landing Proposed Expansion Map (4667 : Haldeman Creek
Haldeman Creek MSTU Proposed Expansion
Proposed Expansion
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Packet Pg. 1776 Attachment: MSTU Proposed Expansion Map (4667 : Haldeman Creek Boundary Expansion Ordinance)
Parcel ID Street #Street Name Unit #Comment
69067000181 2505 BREAKWATER 3101 Boundary Line Splits the Building
69067000204 2505 BREAKWATER 3102 Boundary Line Splits the Building
69067000220 2505 BREAKWATER 3201 Boundary Line Splits the Building
69067000246 2505 BREAKWATER 3202 Boundary Line Splits the Building
69067000107 2513 BREAKWATER 2101
69067000123 2513 BREAKWATER 2102
69067000149 2513 BREAKWATER 2201
69067000165 2513 BREAKWATER 2202
69067000026 2521 BREAKWATER 1101
69067000042 2521 BREAKWATER 1102
69067000068 2521 BREAKWATER 1201
69067000084 2521 BREAKWATER 1202
69067001148 2534 WINDWARD 15101
69067001164 2534 WINDWARD 15102
69067001180 2534 WINDWARD 15201
69067001203 2534 WINDWARD 15202
61835840005 2542 WINDWARD Construction Trailer Permit
Haldeman Creek MSTU - Proposed Boundary Expansion - Parcel List
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Packet Pg. 1777 Attachment: Parcel List of Proposed Expansion (4667 : Haldeman Creek Boundary Expansion Ordinance)
Haldeman Creek MSTU/Regatta Landing Condominium Overview
BACKGROUND:
May 9, 2006 – The BCC awarded a $1.9 million dredging contract for the Haldeman Creek
Restoration Project to improve drainage in the area caused by sedimentation and stormwater fall
out. Funding for the project came from Stormwater Management CIP; Big Cypress Basin; South
Florida Water Management District; and the City of Naples. The item also approved the
establishment of an MSTU after the dredging was complete to address any future maintenance
needs to maintain a navigable waterway.
November 28, 2006 – Ordinance to establish the Haldeman Creek Maintenance Dredging MSTU
and the Advisory Board was continued to the December 12, 2006 to review the boundaries of the
MSTU.
December 12, 2006 – Ordinance 2006-60 was approved by the Board establishing the Haldeman
Creek Maintenance Dredging MSTU and the Advisory Board for the purpose of providing
maintenance dredging and maintenance of navigational channel markers as determined by the
Advisory Board. A levy not to exceed 3 mils of ad valorem taxes per year was approved.
Duties of the Advisory Board:
Prepare and recommend an annual itemized budget to present to the BCC.
Recommend work plans and priorities to County Manager or his designee which may be
adopted by the BCC.
Committee may adopt guidelines to govern its operations if approved by the BCC
June 24, 2008 – Ordinance 2008-33 was adopted by the BCC to expand the boundaries of the
MSTU to include 5 parcels and canal area.
January 3, 2013 - Haldeman’s Landing Project Description: SDP for a 64 unit Multi Family
project on 19.5 +/- acre. Location: Parcel Number: 00388360006, 61835520008, 00394880004,
00395320000. The development on-site will include 16 multi-family structures with 64 units on
20.51 acres.
April 24, 2014 – Hearing Examiner Meeting – Haldeman Landing
Conditions of approval – construction of docks shall not commence until the approval of an
amendment to SDP for the upland housing development and subject docks and the Certificate of
Occupancy (CO) shall not be issued for the docks until a CO has been issued for the upland housing
development.
September 11, 2015 - Regatta Landing (FKA Haldeman's Landing) (SDPI) application filed for
an insubstantial change to the approved SDP for the Haldeman’s Landing project
PL20130000015. Changes included the name change to Regatta Landing and the addition of 27
boat dock slips with associated signage, numbering, and dimensions.
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Packet Pg. 1778 Attachment: History of MSTU and Regatta Landing (4667 : Haldeman Creek Boundary Expansion Ordinance)
December 8, 2015 – BCC approved the 26 slip multi-family docking facility and Special
Treatment Development Permit with additional conditions including the boat slips will be owned
and used only by the residents of the upland residential Haldeman Landing, aka Regatta Landing
in Windstar on Naples Bay, multi-family development or by a Property Owners Association or
Condominium Association established to exclusively serve the Haldeman Landing Project.
January 21, 2016 – Declaration of Condominium for Regatta Landing recorded. Document states
an owner of each condominium unit shall become a member of the Condominium Association
automatically at the time the transfer of deed.
March 29, 2016 – Resubmittal of Regatta Landing (FKA Haldeman's Landing) (SDPI)
application filed for an insubstantial change to the approved SDP for the Haldeman’s Landing
project PL20130000015.
April 4, 2016 – Regatta Landing SDP Insubstantial Change approved. (Exhibit B – Site Plan)
September 19, 2016 – First Amendment to the Declaration of Condominium for Regatta Landing
to include Phase 3, Building 1 (Dr. Kwedar’s unit is located in Building 1) was recorded. The
amendment includes the statement that each unit’s fractional portion of the undivided share in the
Common Elements, and each Unit’s fractional portion and manner of sharing the Common
Expenses and owning the Common Surplus will be 12.5%. The share will decrease as additional
phases are completed.
Dr. Kwedar Parcel History – In 2014 the parcel was owned by Standard Pacific of Florida
(Parcel ID – 6183552008) and it was included in the Regatta Landing SDP. The parcel ID was
changed March 6, 2017 to 00395360002 and then changed again on May 31, 2017 to the current
parcel ID-69067000084. The parcel was declared a condominium for the first time in the
calendar year of 2016, and was assessed for the first time on the 2017 Tax Roll.
May 31, 2017 - The parcel was purchased by Dr. Kewdar.
September 1, 2017 – Letter from Gaylord Wood representing the Property Appraiser. The letter
states that “since a portion of the common elements lie within the Haldeman Creek MSTU, each
condominium parcel is responsible for paying the millage levied by that body.”
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Packet Pg. 1779 Attachment: History of MSTU and Regatta Landing (4667 : Haldeman Creek Boundary Expansion Ordinance)
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Packet Pg. 1780 Attachment: Regatta Landing Marketing Brochure (4667 : Haldeman Creek Boundary Expansion Ordinance)
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Packet Pg. 1781 Attachment: Regatta Landing Marketing Brochure (4667 : Haldeman Creek Boundary Expansion Ordinance)
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Packet Pg. 1782 Attachment: Regatta Landing Declaration & Amendment Excerpt (4667 : Haldeman Creek Boundary Expansion Ordinance)
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Packet Pg. 1783 Attachment: Regatta Landing Declaration & Amendment Excerpt (4667 : Haldeman Creek Boundary Expansion Ordinance)
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Packet Pg. 1784 Attachment: Regatta Landing Declaration & Amendment Excerpt (4667 : Haldeman Creek Boundary Expansion Ordinance)
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Packet Pg. 1785 Attachment: Regatta Landing Declaration & Amendment Excerpt (4667 : Haldeman Creek Boundary Expansion Ordinance)
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Packet Pg. 1786 Attachment: Regatta Landing Declaration & Amendment Excerpt (4667 : Haldeman Creek Boundary Expansion Ordinance)
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Packet Pg. 1787 Attachment: Regatta Landing Declaration & Amendment Excerpt (4667 : Haldeman Creek Boundary Expansion Ordinance)
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Packet Pg. 1788 Attachment: Regatta Landing Declaration & Amendment Excerpt (4667 : Haldeman Creek Boundary Expansion Ordinance)
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Packet Pg. 1789 Attachment: Regatta Landing Declaration & Amendment Excerpt (4667 : Haldeman Creek Boundary Expansion Ordinance)
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Packet Pg. 1790 Attachment: Regatta Landing Declaration & Amendment Excerpt (4667 : Haldeman Creek Boundary Expansion Ordinance)
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Packet Pg. 1791 Attachment: Regatta Landing Declaration & Amendment Excerpt (4667 : Haldeman Creek Boundary Expansion Ordinance)
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Packet Pg. 1792 Attachment: Regatta Landing Declaration & Amendment Excerpt (4667 : Haldeman Creek Boundary Expansion Ordinance)
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Packet Pg. 1793 Attachment: Legal Ad - Agenda ID 4667 (4667 : Haldeman Creek Boundary Expansion Ordinance)