Agenda 12/11/2018 Item #17I12/11/2018
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance creating the Vanderbilt Waterways Municipal Service
Taxing Unit (MSTU) for the short-term dredging of Water Turkey Bay as well as the long-term
maintenance of the channel.
OBJECTIVE: To create a funding source for the dredging of Water Turkey Bay for the benefit of the
property owners located on the Vanderbilt Lagoon.
CONSIDERATIONS: On October 23, 2018, the Board of County Commissioners (Board) approved
Agenda Item #11F outlining the plan for the dredging of Water Turkey Bay which is essentially
impassable in three (3) locations. Typically, the County does not dredge inland water bodies, such as this
one, that do not benefit the entire population, and the affected property owners are aware that the
dredging is their responsibility. As a result, the community approached the County with the request that
the County establish an MSTU to raise the funds required to dredge the waterway on their behalf.
The Item approved on October 23rd included directing the County Attorney to prepare an ordinance
creating the MSTU which will (1) over time reimburse the County for the initial short -term dredging
project and (2) provide a funding source for long-term maintenance of the channel.
On November 11, 2018 the Board approved Agenda Item #16D18, authorizing of the advertisement of the
Ordinance to create the MSTU. The proposed Ordinance creates the Vanderbilt Waterways MSTU which
will levy and assess a tax not to exceed one mil against taxable property within the MSTU area. The
MSTU area is depicted and defined in Exhibit “A” to the Ordinance. The Ordinance also creates an
advisory committee which will make recommendations to the Board about the short-term and long-term
maintenance needs for the waterways within the MSTU area. The committee will consist of five (5)
property owners residing in the MSTU area.
Since the November 11, 2018 meeting, County staff met with the community to address a few concerns
about the proposed Ordinance as it was presented. In the updated proposed Ordinance, the millage rate
was limited to ½ mil rather than 1 mil and the waterway to be dredged was renamed “Vanderbilt
Waterway” which is defined as the “Vanderbilt Waterway between the Bluebill Bridge and the
Cocohatchee River” in order to limit the scope of the dredging area. A color map of the MSTU
area was also added to Exhibit A. A redline copy of the Ordinance is attached for your reference.
FISCAL IMPACT: The advertising costs of $400 was available in fund and cost center 111-162507 and
will be reimbursed by the MSTU upon the creation of a budget. Staff will recommend the appropriate
millage rate for Board consideration as part of the FY19-20 budget development process.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. -ERP
RECOMMENDATION: To approve an Ordinance creating the Vanderbilt Waterways Municipal
Service Taxing Unit for the short-term dredging of Water Turkey Bay as well as the long-term
maintenance of the channel.
Prepared By: Michelle Arnold, Director, Public Transit & Neighborhood Enhancement Division
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12/11/2018
ATTACHMENT(S)
1. Ordinance - Vanderbilt Waterway MSTU redline (PDF)
2. FINAL Vanderbilt Waterway MSTU Ordinance signed and stamped (PDF)
3. Legal Ad - Agenda #7364 (PDF)
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12/11/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.I
Doc ID: 7364
Item Summary: Recommendation to adopt an Ordinance creating the Vanderbilt Waterways
Municipal Service Taxing Unit for the short-term dredging of Water Turkey Bay as well as the long-term
maintenance of the channel.
Meeting Date: 12/11/2018
Prepared by:
Title: Division Director - Pub Tran & Nbrhd Enh – Public Transit & Neighborhood Enhancement
Name: Michelle Arnold
11/15/2018 6:11 PM
Submitted by:
Title: Division Director - Pub Tran & Nbrhd Enh – Public Transit & Neighborhood Enhancement
Name: Michelle Arnold
11/15/2018 6:11 PM
Approved By:
Review:
Public Services Department Kimberley Grant Level 1 Reviewer Completed 11/16/2018 10:27 AM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 11/16/2018 12:36 PM
Public Services Department Kimberley Grant Level 2 Division Administrator Review Completed 11/16/2018 1:56 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/16/2018 3:19 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/16/2018 4:44 PM
County Attorney's Office Emily Pepin CAO Preview Completed 11/19/2018 11:42 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 11/21/2018 10:35 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/03/2018 9:57 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/11/2018 9:00 AM
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ORDINANCE NO. 2018-___
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, CREATING THE VANDERBILT
WATERWAYS MUNICIPAL SERVICE TAXING UNIT IN ORDER TO
PROVIDE DREDGING SERVICES FOR WATER TURKEY BAY
VANDERBILT WATERWAY; PROVIDING FOR THE BOARD OF
COUNTY COMMISSIONERS TO BE THE UNIT'S GOVERNING BODY;
PROVIDING FOR FUNDING AND THE LEVY OF AD VALOREM
TAXES NOT TO EXCEED ONE-HALF (1/2) MIL; PROVIDING FOR THE
COLLECTION OF TAXES; CREATING AN ADVISORY COMMITTEE;
PROVIDING FOR TERMS OF OFFICE OF THE COMMITTEE;
PROVIDING FOR OFFICERS, QUORUM, AND RULES OF
PROCEDURE; PROVIDING FOR FUNCTIONS POWERS, AND DUTIES
OF COMMITTEE; PROVIDING FOR DUTIES OF THE COUNTY
MANAGER; PROVIDING FOR INCLUSION IN THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Water Turkey Bay Vanderbilt Waterway has been shoaling for the past 20
years and is essentially impassable in three locations which will require immediate dredging; and
WHEREAS, the property owners within the Vanderbilt Lagoon which is accessed via
Water Turkey Bay Vanderbilt Waterway have reached out to Collier County to establish a County-
directed Municipal Service Taxing Unit to provide the funding to address the short-term and long-
term shoaling issue in Water Turkey Bay; and
WHEREAS, on October 23, 2018, the Board approved moving forward with the creation
of the MSTU to fund the short-term dredging and to provide funding for the long-term maintenance
of the Vanderbilt Waterways.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Authority.
This Ordinance is adopted pursuant to the provisions of Section 125.01, Florida Statutes,
and other applicable provisions of law.
SECTION TWO: Creation of the Municipal Service Taxing Unit.
There is hereby created and established the Vanderbilt Waterways Municipal Service
Taxing Unit, hereinafter referred to as the "MSTU." The property subject to the MSTU shall be all
properties within the boundaries as described on the attached Exhibit "A."
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Packet Pg. 3780 Attachment: Ordinance - Vanderbilt Waterway MSTU redline (7364 : Create Water Turkey Bay Dredging MSTU)
SECTION THREE: Purpose and Governing Body,
The MSTU is created for short-term dredging of Water Turkey Bay Vanderbilt Waterway
to allow for boat access and to create a funding mechanism for the long-term maintenance of the
Vanderbilt Lagoon Waterway between the Bluebill Bridge and the Cocohatchee River and
associated waterways within the MSTU boundaries as described on Exhibit "A."
The governing body of the MSTU shall be the Board of County Commissioners of Collier
County, Florida.
SECTION FOUR: Funding and Levy of Taxes.
For the purpose of implementing this Ordinance, the Board of County Commissioners shall
annually, at the time required by general budgetary law, make an itemized estimate of the amount
of money required to carry out the business of the MSTU for the next fiscal year, which shall be
from October I to and including the following September 30. The estimate shall describe the
purpose for which the monies are required and the amount necessary to be raised by taxation within
the MSTU. At the time and place for fixing the annual rate of taxation for County purposes, the
Board of County Commissioners shall fix and cause to be levied a millage rate not to exceed one-
half (1/2) mil on all properties subject to taxation within the MSTU.
SECTION FIVE: Tax Assessment and Collection.
Taxes herein provided for shall be assessed and collected in the same manner and form as
provided for the assessment and collection of general County taxes and subject to the same fees
for assessing and collecting as general County taxes.
SECTION SIX: Creation of the Vanderbilt Waterways Municipal Service Taxing Unit
Advisory Committee, Appointment and Composition.
A. There is hereby created and established the Vanderbilt Waterways Municipal
Service Taxing Unit Advisory Committee, hereinafter referred to as the "Committee."
B. The Committee shall consist of five (5) members which generally represent the area
within the MSTU. Members of the Committee shall be appointed by and serve at the pleasure of
the Board of County Commissioners. Members shall be permanent residents within the MSTU and
electors of Collier County.
C. Appointment of the members to the Committee shall be by resolution of the Board
of County Commissioners, which resolution shall set forth the date of appointment and the term
of office.
D. Members of the Committee shall serve without compensation but shall be entitled
to receive reimbursement for expenses reasonably incurred in the performance of their duties upon
prior approval of the Board of County Commissioners.
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Packet Pg. 3781 Attachment: Ordinance - Vanderbilt Waterway MSTU redline (7364 : Create Water Turkey Bay Dredging MSTU)
SECTION SEVEN: Terms of Office of the Committee.
The initial terms of office of the Committee shall be as follows:
A. Two (2) members shall be appointed for a term of two (2) years.
B. Three (3) members shall be appointed for a term of four (4) years.
Thereafter, each appointment or reappointment shall be for a term of four (4) years.
Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired
term of office.
SECTION EIGHT: Officers of the Committee, Quorum and Rules of Procedure.
At its earliest opportunity, the membership shall elect a Chair and Vice-Chair. Officers'
terms shall be for one (1) year, with eligibility for re-election. The presence of three (3) or more
members shall constitute a quorum. The Committee may form sub-committees as it deems fit. All
meetings of the Committee and any sub-committee shall be open to the public, with reasonable
notice of such meetings given; shall be held within Collier County; and shall follow Robert's Rules
of Order for the transaction of business, with minutes of the meetings taken and promptly recorded
with the Clerk. The County Manager shall appoint a staff liaison to the Committee, who shall be
responsible for the administration of the Committee. The members of the Committee shall serve
without compensation, but may be reimbursed for travel, mileage, and/or per diem expenses if
approved in advance by the Board. Committee members attendance requirements, including
failure to attend meetings and member removal from office are governed by Ordinance No. 2001-
55, as it may be amended or by its successor ordinance.
SECTION NINE: Functions, Powers and Duties of the Committee.
The functions, powers and duties of the Committee shall be as follows:
A. To aid and assist the Board of County Commissioners in carrying out the MSTU as
set forth in this Ordinance.
B. To prepare and recommend to the Board of County Commissioners an itemized
budget of the amount of money required to carry out the business of the MSTU for the next fiscal
year. In carrying out this responsibility, the Committee shall, no lat er than April 1st of each year,
meet with the County Manager or his designee and outline to the County Manager or his designees
those projects which the Committee wishes to see accomplished during the next fiscal year. Based
upon this information, the County Manager or his designee shall prepare a proposed budget for the
MSTU, in accordance with standard County guidelines regarding preparation of budgets. This
proposed budget shall then be reviewed by the Committee and upon approval by the Committee
be transmitted through the County Manager or his designee to the Board of County Commissioners
for adoption in accordance with the procedures for the adoption of budgets set forth under general
law and the Board of County Commissioners' policy. Should the Committee fail to approve the
budget by June 1st of each year, the County Manager or his designee shall be authorized to submit
a proposed budget to the Board of County Commissioners.
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Packet Pg. 3782 Attachment: Ordinance - Vanderbilt Waterway MSTU redline (7364 : Create Water Turkey Bay Dredging MSTU)
C. The Committee shall recommend work programs and priorities to the County
Manager or his designee in accordance with the adopted budget or budget amendment which may
be adopted by the Board of County Commissioners. The execution of work programs shall be
under the direct supervision and responsibility of the County Manager or his designee.
D. The Committee may adopt and amend "Guidelines" to govern its operation and the
operation of the MSTU, subject to approval by the Board of County Commissioners.
SECTION TEN: Duties of the County Manager or Designee,
The duties of the County Manager or designee are as follows:
A. To aid and assist the Board and Committee in carrying out the purposes of the
MSTU in accordance with established practices and policies of the Board of County
Commissioners and as set forth in this Ordinance;
B. To prepare and recommend an itemized annual budget of the amount of money
required to carry out the business of the MSTU for the next fiscal year in accordance with this
Ordinance;
C. To provide periodic written reports to the Committee and the Board of the activities
of the MSTU and its finances in accordance with established guidelines of the Board and/or the
Committee; and
D. Attend all Committee meetings.
SECTION ELEVEN: 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 court of competent jurisdiction holds any
phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION TWELVE: 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 Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION THIRTEEN: Effective Date.
This Ordinance shall be effective upon filing with the Florida Department of State.
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Packet Pg. 3783 Attachment: Ordinance - Vanderbilt Waterway MSTU redline (7364 : Create Water Turkey Bay Dredging MSTU)
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 11th day of December, 2018.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA
By: ___________________________ By: _________________________________
, Deputy Clerk Andy Solis, Chairman
Approved as to form and legality:
____________________________
Emily R. Pepin
Assistant County Attorney
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Packet Pg. 3784 Attachment: Ordinance - Vanderbilt Waterway MSTU redline (7364 : Create Water Turkey Bay Dredging MSTU)
17.I.2Packet Pg. 3785Attachment: FINAL Vanderbilt Waterway MSTU Ordinance signed and stamped (7364 : Create Water Turkey Bay Dredging MSTU)
17.I.2Packet Pg. 3786Attachment: FINAL Vanderbilt Waterway MSTU Ordinance signed and stamped (7364 : Create Water Turkey Bay Dredging MSTU)
17.I.2Packet Pg. 3787Attachment: FINAL Vanderbilt Waterway MSTU Ordinance signed and stamped (7364 : Create Water Turkey Bay Dredging MSTU)
17.I.2Packet Pg. 3788Attachment: FINAL Vanderbilt Waterway MSTU Ordinance signed and stamped (7364 : Create Water Turkey Bay Dredging MSTU)
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17.I.2Packet Pg. 3792Attachment: FINAL Vanderbilt Waterway MSTU Ordinance signed and stamped (7364 : Create Water Turkey Bay Dredging MSTU)
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Packet Pg. 3793 Attachment: Legal Ad - Agenda #7364 (7364 : Create Water Turkey Bay Dredging MSTU)