Agenda 09/08/2015 Item #17D9/8/2015 17.D.
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance repealing Ordinance No. 2013 -70 and approve a
Resolution repealing Resolution 2013 -292, both relating to the La Peninsula Seawall
Municipal Service Benefit Unit (MSBU), in order to dissolve the MSBU.
OBJECTIVE: To dissolve the La Peninsula Seawall Municipal Service Benefit Unit.
CONSIDERATIONS: In 2013, the Board of County Commissioners (Board) received requests
from certain property owners in the geographic area known locally as "La Peninsula," to
coordinate the construction and funding of seawalls and other waterway improvements. The
Board determined that the creation of a municipal service benefit unit was the best method for
implementing and funding the requested improvements and on December 10, 2013, adopted
Ordinance No. 2013 -70 creating the La Peninsula Seawall Municipal Service Benefit Unit.
Concurrent with the adoption of Ordinance No. 2013 -70, and pursuant to Section 197.3632,
Florida Statutes, the Board also approved Resolution No. 2013 -292 relating to the method of
collecting non -ad valorem special assessments for the MSBU.
On May 13, 2014, (Item 11 -B), the Board voted to hold the MSBU in abeyance to allow the La
Peninsula Master Board to provide evidence of a plan and applicable financing for the seawall
repairs without the MSBU.
At its July 7, 2015 regular meeting (Item 10 -A), Commissioner Henning recommended that the
Board dissolve the MSBU based on correspondence from the La Peninsula's legal counsel
outlining the status of financing, engineering, and permitting of the seawall repairs.
Based on this information, the Board directed the County Attorney to advertise an Ordinance
repealing Ordinance No. 2013 -70 in its entirety in order to dissolve the MSBU.
FISCAL IMPACT: The cost to advertise the proposed Ordinance was $340.26.
LEGAL CONSIDERATIONS: The County Attorney drafted the proposed Ordinance and
Resolution and approved them as to form and legality. This item requires majority vote for
approval. -JAK
RECOMMENDATION: That the Board of County Commissioners adopts the proposed
Ordinance repealing Ordinance No. 2013 -70 and approves the Resolution repealing Resolution
2013 -292, both relating to the La Peninsula Seawall Municipal Service Benefit Unit, in order to
dissolve the MSBU.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
Attachments: Ordinance No. 2013 -70
Resolution No. 2013 -272
April 10, 2015 letter from Steve Adamczyk, Esquire
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17. D.
9/8/2015 17.D.
Item Summary: Recommendation to adopt an Ordinance repealing Ordinance No. 2013-
70 and approve a Resolution repealing Resolution 2013 -292, both relating to the La Peninsula
Seawall Municipal Service Benefit Unit (MSBU), in order to dissolve the MSBU.
Meeting Date: 9/8/2015
Prepared By
Name: NeetVirginia
Title: Legal Assistant/Paralegal, CAO Office Administration
8/4/2015 11:10:55 AM
Submitted by
Title: County Attorney,
Name: KlatzkowJeff
8/4/2015 11:10:56 AM
Approved By
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/1/2015 10:18:23 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/1/2015 10:24:04 AM
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 9/1/2015 10:29:06 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 9/1/2015 11:44:49 AM
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9/8/2015 17.D.
ORDINANCE NO. 2015-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
REPEALING ORDINANCE NO. 2013 -70 IN ITS ENTIRETY
WHICH CREATED THE LA PENINSULA SEAWALL
MUNICIPAL SERVICE BENEFIT UNIT; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, in 2013, the Board of County Commissioners (Board) received requests
from certain property owners in the geographic area known locally as "La Peninsula," to
coordinate the construction and funding of seawalls and other waterway improvements to
benefit the property owners in such area; and
WHEREAS, the Board determined that the creation of a municipal service benefit
unit was the best method for implementing and funding seawalls and other waterway
improvements located therein, and on December 10, 2013, adopted Ordinance No. 2013 -70
creating the La Peninsula Seawall Municipal Service Benefit Unit (MSBU); and
WHEREAS, The Club of La Peninsula, Inc., has since secured the financing
necessary to proceed with the seawall and waterway improvements and has formally
requested that the Board rescind the MSBU and repeal Ordinance No. 2013 -70.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION ONE: REPEAL OF ORDINANCE NO. 2013-70.
Ordinance No. 2013 -70, codified as Article LXXII of the Collier County Code of Laws
and Ordinances, is hereby repealed in its entirety and all stipulations pertaining to the La
Peninsula Seawall Municipal Service Benefit Unit are hereby rescinded.
SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered
or relettered to accomplish such, and the word 'ordinance" may be changed to "section,"
"article," or any other appropriate word.
SECTION THREE: 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 phrase or portion of the Ordinance is held
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9/8/2015 17.D.
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by a vote of a majority of the Board of County
Commissioners of Collier County, Florida, this day of , 2015.
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
I:
TIM NANCE, CHAIRMAN
2
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RESOLUTION NO. 2015 -
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
RESCINDING RESOLUTION NO. 2013 -292 IN ITS
ENTIRETY RELATING TO NON -AD VALOREM SPECIAL
ASSESSMENTS LEVIED WITHIN THE LA PENINSULA
SEAWALL MUNICIPAL SERVICE BENEFIT UNIT.
WHEREAS, on December 10, 2013, the Board of County Commissioner (Board)
adopted Ordinance No. 2013 -70 creating the La Peninsula Seawall Municipal Service Benefit
Unit (MSBU) to coordinate the construction and funding of seawalls and other waterway
improvements to benefit the property owners in such area; and
WHEREAS, concurrent with the adoption of Ordinance No. 2013 -70, and pursuant to
Section 197.3632, Florida Statutes, the Board approved Resolution No. 2013 -292 relating to
the method of collecting non -ad valorem special assessments for the MSTU; and
WHEREAS, The Club of La Peninsula, Inc., has since secured the financing
necessary to proceed with the seawall and waterway improvements and has formally
requested that the Board rescind the MSBU and repeal Ordinance No. 2013 -70.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that Resolution No. 2013 -292,
approved on December 10, 2013, is hereby rescinded and of no further force and effect.
THIS RESOLUTION ADOPTED after motion, second and majority vote on this the
day of
ATTEST:
DWIGHT E. BROCK, Clerk
wo
, Deputy Clerk
and ieLmlity:
,iertrcN A KlaL4
County A tornev
, 2015.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
TIM NANCE, CHAIRMAN
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9/8/2015 17.D.
ORDINANCE NO. 2013- 7 0
AND ORDINANCE CREATING THE LA PENINSULA
SEAWALL MUNICIPAL SERVICE BENEFIT UNIT;
PROVIDING A PURPOSE AND GOVERNING BODY;
PROVIDING FOR FUNDING; PROVIDING FOR
CREATION OF THE LA PENINSULA SEAWALL
ADVISORY COMMITTEE; PROVIDING FOR THE
DUTIES OF THE COUNTY MANAGER; PROVIDING FOR
CONFLICT AND SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, recently the Board of County Commissioners (the `Board ") of Collier
County, Florida (the "County ") was informed that certain property owners in the geographic
area known locally as "La Peninsula" have requested the Board to coordinate the construction
and funding of seawalls and other waterway improvements to benefit the property owners in
such area; and
WHEREAS, the Board has determined that the creation of a municipal service benefit
unit is the best method for implementing and funding seawalls and other waterway
improvements located therein.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION 1. AUTHORITY. This Ordinance is adopted pursuant to the
provisions of Chapter 125, Florida Statutes, and other applicable law.
SECTION 2. CREATION OF THE MUNICIPAL SERVICE BENEFIT
UNIT. There is hereby created and established the La Peninsula Seawall Municipal Service
Benefit Unit (the "MSBU "). The boundaries of the MSBU shall initially be as set forth in
EXHIBIT A attached hereto and incorporated herein by reference.
SECTION 3. PURPOSE AND GOVERNING BODY. The MSBU is created
for the purpose of coordinating the repair /replacement/construction and funding of seawalls to
benefit the property owners within the MSBU. The governing body of the MSBU shall be the
Board.
SECTION 4. FUNDING. For the purpose of providing funds to carry out the
purpose of the MSBU, the Board shall consider imposition of special assessments in
accordance with Chapter 122, Article 77, of the Code of Laws and Ordinances of Collier
County, Florida and other applicable law.
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SECTION 5. CREAl!ON OF THE LA PENINSULA SEAWALL ADVISORY
COMMITTEE.
A. Concurrent with the passage of the Ordinance, a five (5) member advisory board
to be known as the La Peninsula Seawall Municipal Service Benefit Unit Advisory Committee
(the "Advisory Committee) is hereby established in accordance with Collier County Ordinance
2001 -55.
B. Members of the Advisory Committee shall be permanent residents owning real
property within the MSBU and electors of Collier County.
C. Advisory Committee shall make recommendations to the Board of County
Commissioners concerning the following matters and subjects:
1. the selection and retention of professional engineer(s) to prepare reports, studies
and analysis concerning the scope, size, nature, design and extent of the seawall repair or
replacement project and assessment methodologies relating to the funding of the
implementation of the project, including the financing thereof.
2. the size, cost and manner of financing the seawall repair or replacement project,
including the assessment methodologies relating to the funding of the implementation of
the project.
3. the preparation of bid documents, the selection of contractors and award of
contract to perform the seawall repair or replacement project.
4. the annual budget of the MSBU.
The Advisory Committee shall report to and advise the Board on matters related to the
MSBU. The Board shall have the final authority as to any recommendation. The Advisory
Committee shall adopt procedures by which it shall operate and elect officers as it deems
necessary. All members of the Advisory Committee shall serve without compensation.
SECTION 6. DUTIES OF THE COUNTY MANAGER The duties of the
County Manager or his or her designee shall be: (a) to administer the activities of the MSBU
in accordance with established policies of the board and guidelines adopted by the Advisory
Committee; (b) to coordinate the imposition of special assessments to provide funding for the
MSBU in accordance with the guidance provided by the Board and the Advisory Committee;
and (c) to attend all Advisory Committee meetings.
SECTION 7. CONFLICT AND SEVERABILITY. In the event this Ordinance
conflicts with any other Ordinance of the 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 shalt be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining portion.
SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect upon filing
with the Florida Department of State.
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9/8/2015 17.D.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County. Florida, this [ day of 2013,
ATTEST:
DWIGHT E. BROCK, Clerk
I
<D-
epulty Clerk
Atiest as to ChailMrik
Appr+--d of L6!-fpLrL wid legality-:
BOARD OF COUNTY COMMISSIONERS
COLLIER COL�NTY. FLORIDA
Bv:
GEORGIA-ATI�TLLER.. ESQ
CHAIRWON4AN
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_y_ 2,
and ockrowledge pf that
fili 0 day
of
9/8/2015 17.D.
11
LEGAL DESCRIPTION
The proposed assessment area would be located in the following potential area
(known locally as "La Peninsula "):
BEGINNING AT THE NORTHEAST CORNER OF SECTION 6, TOWNSHIP
52 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN SOUTH I
DEGREE I1 MINUTES 25 SECONDS WEST FOR 30.0 FEET; THENCE RUN
NORTH 88 DEGREES 48 MINUTES 27 SECONDS WEST FOR 380.00 FEET;
THENCE RUN SOUTH 1 DEGREE 11 MINUTES 33 SECONDS WEST FOR 90.00
FEET; THENCE RUN SOUTH 20 DEGREES 32 MINUTES 44 SECONDS EAST FOR
272.34 FEET, TO A POINT ON A CERTAIN BULKHEAD LINE AS RECORDED IN
BULKHEAD LINE PLAT BOOK 1, PAGE 8, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA; THENCE RUN THE FOLLOWING COURSES,
ALONG THE SAID BULKHEAD LINE: SOUTH 69 DEGREES 27 MINUTES 16
SECONDS WEST FOR 443.05 FEET; THENCE RUN SOUTH 74 DEGREES 20
MINUTES 53 SECONDS WEST FOR 900.00 FEET, TO A POINT OF CURVATURE;
THENCE RUN 496.98 FEET ALONG THE ARC OF A CURVE, CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 185.00 FEET, AND SUBTENDED BY A
CHORD HAVING A BEARING OF NORTH 28 DEGREES 41 MINUTES 32.5
SECONDS WEST AND A LENGTH OF 360.46 FEET, TO A POINT OF TANGENCY;
THENCE NORTH 48 DEGREES 16 MINUTES 02 SECONDS EAST, FOR 712.63
FEET, TO THE END OF THE BULKHEAD LINE; THENCE RUN SOUTH 88
DEGREES 48 MINUTES 27 SECONDS EAST, ALONG THE NORTH LINE OF SAID
SECTION 6, 1209.85 FEET, TO THE POINT OF BEGINNING; CONTAINING 17.81
ACRES, MORE OR LESS.
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9/8/2015 17.D.
-=4
FLORIDA DEPARTMENT DSTATE
RICK SCOTT
Governor
December 17, 2013
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101 -3044
Attention: Martha Vergara, Deputy Clerk
Dear Mr. Brock:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2013 -70 which was filed in this office on December 17,
2013.
Sincerely,
Liz Cloud
Program Administrator
LC /elr
Enclosure
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879
www.dos.state.fl.us
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9/8/2015 17.D.
RESOLUTION 2013 - 2 9 2
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
ELECTING TO USE THE UNIFORM METHOD OF
COLLECTING NON -AD VALOREM SPECIAL
ASSESSMENTS LEVIED WITHIN CERTAIN PORTIONS
OF THE UNINCORPORATED AREA OF THE COUNTY
DESCRIBED HEREIN; STATING A NEED FOR SUCH
LEVY; PROVIDING FOR THE MAILING OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Board of County Commissioners (the 'Board ") of Collier
County, Florida (the "County") is contemplating the imposition of special assessments
over a number of years to fund the cost of providing seawalls and other waterway
improvements; and
WHEREAS, the Board intends to use the uniform method for collecting non -ad
valorem special assessments imposed over a number of years for the cost of providing
such services and facilities to property within the County described herein, as authorized
by Section 197.3632, Florida Statutes, as amended, because this method will allow such
special assessments to be collected annually commencing in November 2014, in the same
manner as provided for ad valorem taxes; and
WHEREAS, the Board held a duly advertised public hearing prior to the adoption
of this resolution ( "Resolution "), proof of publication of such hearing being attached
hereto as EXHIBIT A; and
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA:
I. Commencing with the Fiscal Year beginning on October I, 2014, and with
the tax statement mailed for such Fiscal Year, the Board intends to use the uniform
method of collecting non -ad valorem assessments authorized in Section 197.3632,
Florida Statutes, as amended, to collect special assessments imposed over a number of
years to fund the cost of providing seawalls and other waterway improvements. Such
non -ad valorem assessments may be levied within a portion of the unincorporated area of
the County. A legal description of such area that may be subject to the imposition of
such special assessment is attached hereto as EXHIBIT B and incorporated herein by
reference.
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9/8/2015 17.D.
2. The Board hereby determines that the levy of such non -ad valorem
assessments is needed to fund the cost of providing seawalls and other waterway
improvements within the area described in EXHIBIT B hereto.
3. Upon adoption, the Clerk of the Circuit Court as Clerk to the Board, is
hereby directed to send a copy of this Resolution by United States mail to the Florida
Department of Revenue, the Collier County Tax Collector, and the Collier County
Property Appraiser by January 10, 2014.
4. This Resolution shall take effect immediately upon its adoption
THIS RESOLUTION ADOPTED, after motion, second and majority vote on
this the IOth day of December, 2013.
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy COW as to airmail
signature only.
Apprc v and legality:
3effre F(latzkow
Counh A t6mev
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER
COUNTY.
r�By.,
GEO G LER, ESQ.
CHA OMAN
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EXHIBIT A
PROOF OF PUBLICATION OF NOTICE OF HEARING
NAPLES DAII.X NEWS
Published Daily
Naples, FL 34110
Affidavit of Publication
State of Florida
Counties of Collier and Lee
Before the undersigned they serve as the authority, personally
appeared Angela Panciera, who on oath says that she serves as
Amount Executive of the Naples Daily News, a daily
newspaper published at Naples, in Collier County, Florida;
distributed in Collier and Lee counties of Florida; that the
attached copy of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper 4 times in the issues
on November 11, November 18, November 25 and
December 2, 2013.
9/8/2015 17.D.
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Affiant further says that the said Naples Daily News is a newspaper
published at Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida; distributed in Collier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
office in Naples, in said Collier County, Florida, for a period of one
year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor
promised any person, firth or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
publication in the said newspaper.
ra ,
_ � ri.r., f j1�'' r
(Sig..Lture of affiant)
}
Sworn to and subscribed before me ae
This 20th dakcof DcEemt9�r, 2013
GNMPOLMM
ly
E)rM Novmnbar2%2014
�I�j fit`- �t r_f ,Tr�r j ry/ �Fl �� ��,�g E0a00TtntPl3rdieSrSSOrAQulry
(Signature of notary pubi }c)
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9/8/2015 17.D.
EXHIBIT B
LEGAL DESCRIPTION
The proposed assessment area would be located in the following potential area
(known locally as "La Peninsula "):
BEGINNING AT THE NORTHEAST CORNER OF SECTION 6, TOWNSHIP
52 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN SOUTH 1
DEGREE I MINUTES 25 SECONDS WEST FOR 30.0 FEET; THENCE RUN
NORTH 88 DEGREES 48 MINUTES 27 SECONDS WEST FOR 380.00 FEET;
THENCE RUN SOUTH 1 DEGREE 11 MINUTES 33 SECONDS WEST FOR 90.00
FEET; THENCE RUN SOUTH 20 DEGREES 32 MINUTES 44 SECONDS EAST FOR
272.34 FEET, TO A POINT ON A CERTAIN BULKHEAD LINE AS RECORDED IN
BULKHEAD LINE PLAT BOOK 1, PAGE 8, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA; THENCE RUN THE FOLLOWING COURSES,
ALONG THE SAID BULKHEAD LINE: SOUTH 69 DEGREES 27 MINUTES 16
SECONDS WEST FOR 443.05 FEET; THENCE RUN SOUTH 74 DEGREES 20
MINUTES 53 SECONDS WEST FOR 900.00 FEET, TO A POINT OF CURVATURE;
"THENCE RUN 496.98 FEET ALONG THE ARC OF A CURVE, CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 185.00 FEET, AND SUBTENDED BY A
CHORD HAVING A BEARING OF NORTH 28 DEGREES 41 MINUTES 32.5
SECONDS WEST AND A LENGTH OF 360.46 FEET, TO A POINT OF TANGENCY;
THENCE NORTH 48 DEGREES 16 MINUTES 02 SECONDS EAST, FOR 712.63
FEET, TO THE END OF THE BULKHEAD LINE; THENCE RUN SOUTH 88
DEGREES 48 MINUTES 27 SECONDS EAST, ALONG THE NORTH LINE OF SAID
SECTION 6, 1209.85 FEET, TO THE POINT OF BEGINNING; CONTAINING 17.81
ACRES, MORE OR LESS.
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rA" - rr
fp' Goede, Adamczyk
L J & DeBoest, P ,C
ATTORNEYS .INN 1'R01 E.;SIU;\';I1. COUNSF1.
www.GAD- Law.com
A full service firm serving South Florida
April 10, 2015
Via Regular US Mail and
Electronic Mail: CamdenSmith(a- colliereov.net
Mr. Tom Henning, Chairman
Collier County Board of County Commissioners
3299 Tamiami Trail E.
Naples, Florida 34112 -5746
9/8/2015 17.D.
Steven I Adanrczyk Christopher O'Connell
Stidriey A. Bunter, jr. S. Kyia ?lnomson
Brian O. Cross
Christopher J. Thornton
Ridjard D. DeBoest, 11
Avi S. Tryson
John C. Goedc
Steven R. Braten
Cary J. Goggin
of Counsel
Jason R. Hhnschoot
Harris Katz
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 Iegally 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.
8950 Fontana Del Sol Way Ste 100
Naples, Florida 34109
239.331.5100 Phone
239 -331 -5101 For
2600 Douglas Rood Ste 717
Carol Gables, Florida 33134
239.331.5100 Phone
786- 294 -6001 Fox
2030 McGregor Boulevard
Fort Myers, Florida 33901
139.333.2992 Phone
239- 333 -2999 Fox
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500 Gulfstream Boulevard Ste 104
Delray Beach, Florida 33483
56I- 270 -3291 Phone
888 -102 -1679 Fax
9/8/2015 17. D.
Coede, Adamczyk and DeBoest, PLLC
Page 2of3
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.
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. 3aecial 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 �,,t , dd
Hundred and Forty Four Thousand Dollars ($3,344,000.00), or Nineteen Thousand Dollars
($19,000.00) per unit- All unit owners were proA do ying the special assessment
in a lump sum due April 1, 2015, or in t%C 20) installment paymen ginning April 1,
2015. In addition to funds currently in the Club's sea accoun it is anticipated that
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. Enaineeriaa, The Club has retained the engineering firm of Turrell, Hall & Associates,
Inc. in Naples, Florida C Turrell"). 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, ETT 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 I is further broken down into Phase I 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
2600 Douglas Road Ste 717
2030 McGregor SoWeNard
500 Guljsmam Boulevard Ste 104
Naples, Florida 34109
Carol Gables, Florida 33134
Fort Myer4 Fladda 33901
Deiroy Stock, Fladda 33483
239.331.51010 Phone
239.331.5100 Phone
234.3332992 Phone
561 - 270 -3291 Phone
239-33I -5101 Fox
786 - 294-6002 fax
239 ,333 -2999 Fox
888 -2a2 -1679 Fax
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9/8/2015 17.D.
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 1 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 by the Army Core of Engineers, _it is an that a
contractor ill be retained foi PTiase 1 construction and that work will begin within six (6)
months.
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.
Respcctl'ully submitted,
- PT �
G edr', �ciantc=z l: [_)Cp ?est, t UL�
f;
Steve Adamezyk, Esq.
cc: Client
Scott Teach, Esq., Deputy County Attorney
Mr. Leo Ochs, Jr., County Manager
8950 Fontana Del Sol Way Ste 100 2600 Douglas Rood Ste 717 2030 McGregor Boulevard
Naples, Florida 34109 Carol Gables, Florida 33134 Fort Myers, Florida 33901
239.33I.5100 Phone 239.331.5100 Phone 239.333.2992 Phone
239- 331 -5101 Fax 786 -294 -6002 Fox 239- 333 -2999 Fax
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500 Gulfstream Boulevard Ste I04
Delray Beach, Florida 33483
562- 270 -3291 Phone
888 -202 -1679 Fax
9/8/2015 17.D.
N A P L E S DA I LY N E W S e Wednesday, August 25, 2015 a 23D
NOTICE OF INTENT TO CONSIDER ORDINANCE.
Notice is hereby given that on Tuesday, September 8, 2015, in the Boardroom,
Third Floor, Administration Building, Collier County Government Center, 3299 East
Tamiami Trail, Naples, Florida, the Board of County Commissioners, will consider
the enactment of a County Ordinance. The meeting will commence at 9:00 A.M.
The title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, REPEALING ORDINANCE NO. 2013 -70 IN ITS ENTIRETY WHICH
CREATED THE LA PENINSULA SEAWALL MUNICIPAL SERVICE BENEFIT UNIT;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING
FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
A Copy of the proposed Ordinance is on file with the Clerk to the Board and is
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the
County administrator prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of an
individual to speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any case, written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material. used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a record of the
proceedings pertaining thereto and therefore, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
If you are a person with 'a disability who needs any accommodation in order to
participate In this proceeding, you are entitled, at no cost to you, to the provision
of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples,
Florida 34112, (239) 2S2 -8380. Assisted listening devices for the hearing impaired
are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIM NANCE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
Au❑ust2F' 2015 No 2063246
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