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CAC Agenda 10/10/2013
2013 Coastal Advisory Committee Agenda October 10 , 2013 Meeting Agenda and Notice COASTAL ADVISORY COMMITTEE (CAC) THURSDAY, OCTOBER 10, 2013- 1:00 P.M. BOARD OF COUNTY COMMISSIONERS CHAMBERS THIRD FLOOR, COLLIER COUNTY GOVERNMENT CENTER 3299 TAMIAMI TRAIL EAST, NAPLES •Sunshine Law on Agenda Questions •2013 CAC MEETING DATES I. Call to Order II. Pledge of Allegiance III. Roll Call IV. Changes and Approval of Agenda V. Public Comments VI.Approval of CAC Minutes 1. September 12, 2013 VII. Staff Reports 1. Expanded Revenue Report VIII. New Business 1. Beach Renourishment * Truck Routes * Project Schedule * Update and Issues * Mobilization and Startup * Hotline/Customer Contacts * Change Order 2. Doctors Pass * Mobilization * Schedule * Quantities 3. CAC Advisory Board BCC * Discussions 4. Beach Renourishment Strategic Planning as Directed by BCC 1 IX. Old Business 1. Marco Island Follow up * Rocks on Beach * Beach Sand/Shell Hash * Modeling Report * As Builts- Erosion Control Structures 2. North End Regrading X.Announcements XI. Committee Member Discussion XII. Next Meeting Date/Location November 14, 2013 Government Center, 3rd Floor XIII.Adjournment All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. For more information, please contact Gail D. Hambright at (239) 252-2966. 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 3301 East Tamiami Trail, Naples, FL 34112, (239) 252-8380. Public comments will be limited to 3 minutes unless the Chairman grants permission for additional time. Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. OFFICE OF THE COUNTY ATTORNEY MEMORANDUM TO: Anthony P. Pires, Jr., Esq., Chairman Coastal Advisory Committee Clam Bay Subcommittee FROM: Colleen M. Greene, Assistant County Attorne CMG— DATE: March 18,2010 RE: Sunshine Law and Agenda question The issue presented is whether the Sunshine Law requires that an agenda be made available prior to board meetings. In summary,the answer is no. The Sunshine Law Manual (2009 Ed. Vol. 31)provides the following: The Attorney General's Office recommends publication of an agenda, if available, in the notice of the meeting;. if an agenda is not available, subject matter summations might be used. However, the courts have held that the Sunshine Law does not mandate that an agency provide notice of each item to be discussed via a published agenda. Such a specific requirement has been rejected because it could effectively preclude access to meetings by members of the general public who wish to bring specific issues before a governmental body. See Hough v. Stembridge, 278 So. 2d 288 (Fla. 3d DCA 1973). And see Yarbrough v. Young, 462 So. 2d 515 (Fla. 1st DCA 1985) (posted agenda unnecessary; public body not required to postpone meeting due to inaccurate press report which was not part of the public body's official notice efforts). Thus, the Sunshine Law has been interpreted to require notice of meetings, not of the individual items which may be considered at that meeting. However, other statutes, codes or ordinances may impose such a requirement and agencies subject to those provisions must follow them. Accordingly, the Sunshine Law does not require boards to consider only those matters on a published agenda. "[W]hether to impose a requirement that restricts every relevant commission or board from considering matters not on an agenda is a policy decision to be made by the legislature." Law and Information Services, Inc. v. City of Riviera Beach, 670 So. 2d 1014, 1016 (Fla. 4th DCA 1996). Today's Coastal Advisory Committee Clam Bay Subcommittee was properly noticed in compliance with the Sunshine Law on or about February 1, 2010. Further, the agenda for today's meeting was also publically noticed on the County's website on Monday, March 15, 2010. The related back-up materials for the agenda were supplemented and available on the County's website on Wednesday, March 17, 2010. In addition, a number of these materials also appeared on the agenda for the Coastal Advisory Committee meeting on Thursday, March 11, 2010. In my opinion, there is no violation of the Sunshine Law and no legal issue regarding the date the agenda was published. cc: Gary McAlpin, Director, Coastal Zone Management Co ier ounty' Public Services Division Coastal Zone Management TO: CAC Board Members FROM: Gail Hambright, Accountant DATE: December 1, 2012 SUBJECT: 2013 CAC Scheduled Meetings Please mark your calendar for the following 2013 CAC scheduled meeting dates: January 10, 2013 February 14, 2013 March 14, 2013 April 11, 2013 May 9, 2013 June 13, 2013 July 11, 2013 August 8, 2013 September 12, 2013 October 10, 2013 November 14, 2013 December 12, 2013 All meetings will be held in the Board of County Commissioner's chambers, third floor, Collier County Government Center, 3299 Tamiami Trail East, Naples, unless otherwise noted. A public notice will be sent out before each meeting. it) NI A Co er County Coastal Zone Management•3299 Tamiami Trait East,Suite 103•Naples,Florida 34112-5746.239-252-2966•FAX 239-252-2950 www.col ttergov.neticoastalzonemanagement CAC October 10,2013 VI-1 Approval of Minutes 1 of 6 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, September 12, 2013 LET IT BE REMEMBERED, the Collier County Coastal Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 1:00 P.M. in REGULAR SESSION at Administrative Building "F", 3rd Floor, Collier County Government Complex Naples, Florida with the following members present: CHAIRMAN: John Sorey, III VICE CHAIRMAN: Jim Burke Robert Raymond Joseph A. Moreland (Excused) Victor Rios Larry Honig Debbie Roddy (Vacancy) (Vacancy) ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Colleen Greene, Assistant County Attorney Gail Hambright, Accountant Dr. Michael Bauer, City of Naples CAC October 10,2013 VI-1 Approval of Minutes 2 of 6 Any persons in need of the verbatim record of the meeting may request a copy of the video recording from the Collier County Communications and Customer Relations Department or view online. I. Call to Order Chairman Sorey called the meeting to order at 1:00PM II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call Roll call was taken and a quorum was established. IV. Changes and Approval of Agenda Mr. Rios moved to approve the Agenda subject to the following additions: • Item VIII.6 - County Manager Direction to CAC Second by Mr. Raymond. Carried unanimously S—0. V. Public Comments None VI. Approval of CAC Minutes 1. June 20,2013 Ms. Roddy moved to approve the minutes of the June 20, 2013 Coastal Advisory Committee meeting subject to the following change: • Page 5, Item XI, line 4—from "Ms. Roddy recognized efforts for the beach renourishment on Marco Island"to "Ms. Roddy recognized the efforts for the beach markers placed on the Marco Island beaches." Second by Mr. Rios. Carried unanimously S—0. VII. Staff Reports 1. Expanded Revenue Report—Gary McAlpin The Committee reviewed the "Collier County Tourist Tax Revenue FY 13 TDC Revenue Report" through August 31, 2013. VIII. New Business 1. Doctors Pass Contract Award Gary McAlpin provided Bid No. 12-3165 for the dredging of Doctors Pass and reported: • Three vendors provided bids for the project, one was deemed unqualified. • The work is proposed to be awarded to Orion Marine Construction, Inc., the lowest qualified bidder. • The work is within budget amounts at a cost of approximately$733K. • The work is anticipated to commence on 10/1/13 and take 3 weeks to complete. • The excavated sand will be place on the beach south of the Pass and topped with coarse sand to complete the renourishment in this area. • The item will be heard by the Board of County Commissioners on September 24, 2013. CAC October 10,2013 VI-1 Approval of Minutes 3 of 6 He requested the Committee provide a recommendation to the BCC on the proposal. Mr. Raymond moved to recommend the Board of County Commissioners award Bid No. 13- 3165 for the dredging of Doctors Pass to Orion Marine Construction,Inc. at an amount of $733,078.77. Second by Mr. Rios. Carried unanimously 5—0. 2. Truck Haul Beach Renourishment Discussion * Backup Material Gary McAlpin provided the Executive Summary"Recommendation to award Invitation to (renourishment of Vanderbilt and Pelican Bay)for$3,532,179.99 and Phillips and Jordan (renourishment of Park Shore and Naples Beach)for$5,897,771.27; authorize the Chairwoman to execute two county attorney approved contracts to both firms; make a finding that this item promotes tourism; and approve all necessary budget amendments, Bid(ITB) 13-6147 Collier County Beach Renourishment Project to Eastman Aggregates"dated September 12, 2013 for information purposes. He reported: • The bids are for the major beach renourishment, a truck haul project for the Collier County and Naples beaches. • The total cost of the project is $9.4M, and is proposed to be awarded to 2 truck haul vendors, Eastman Aggregates(95k cy at $3.5M+/-) and Phillips and Jordan (155k cy at $5.9M • The sand will be provided from Stewart Mines in Immokalee via a pass thru cost to the County. • County Staff will inspect the sand during loading at the mines and Atkins will provide quality assurance for the project including adherence to permit requirements, monitoring of the project, etc. • The truck routes are being coordinated by Staff and will be approved by the necessary agencies including Lee County Transportation Dept., FDOT and the Collier County Sheriffs' Dept. • A"maintenance of traffic plan"has been developed, with the vendors responsible to provide traffic control. Any vendor not adhering to the plan's requirements will be dismissed from the project. • The agreement with Pelican Bay to fund their portion of the renourishment will be executed before any sand is placed on the beaches. • The Doctors Pass dredging project is integrated into the project. • The Florida Department of Environmental Protection approved the permit for the work with a request for an Administrative Hearing denied. That denial has been appealed by the party who sought the hearing • The work is anticipated to initiate on 10/1/13, however no contracts will be executed until a determination is made on the permit appeal. • The condition of the roads on the truck routes will be inspected and video taped before initiation of the project and upon completion. Any identified damages to be reviewed with the contractor. Mr. Burke arrived at 1:17pm CAC October 10,2013 VI-1 Approval of Minutes 4 of 6 Speaker Bob Krasowski reported he is a party to the request for an Administrative Hearing. The concern is the work is proposed to begin during turtle nesting season which ends on November 1. 3. Marco South as Built for Erosion Control Structures and Beach Renourishment Concerns * 2013 South Marco Island Beach Renourishment Post-Construction and Beach monitoring Report * South Marco Island Erosion Control Structure * 9/4/13 Memorandum from Michael Poff,P.E. (CEC) Gary McAlpin reported concerns have been raised regarding the Marco Island Beach renourishment project including: 1. The reconstruction of the jetties may not have occurred in accordance with the plans and specifications. 2. Certain areas may be eroding at a higher rate than previous times following beach renourishment. 3. The quality of the sand placed was not in accordance with the specifications as it has a higher "shell content"than the existing sand on the beach. 4. A high number of rocks that have accumulated on the beach and nearshore. Mr. Rios submitted photos identifying the concerns. The Committee viewed the photos on the visualizer. Michael Poff, Coastal Engineering,Inc.,the Engineer of Record for the project reported • He has reviewed the reconstruction of the jetties and determined the work was completed in accordance with the approved plans and specifications. • The intent of the work was to reconstruct the jetties to the same height and width as originally permitted and constructed (not higher and/or wider). • The areas where sand has eroded are known "hot spots"and it was determined it is more cost effective to conduct truck haul renourishment when necessary rather than build an additional structure to help alleviate the erosion. • The area will be monitored closely to determine when renourishment is required. Mr. McAlpin reported the sand placed on the beach has been analyzed to ensure the composition was within allowable tolerances of the composition of the existing sand on the beach. Staff is reviewing the rocks on the beach and will be addressing the issue. Committee discussion occurred highlighting the following: • It may be necessary to develop a high frequency monitoring plan for the"hot spot"areas. • What the results were of any previous cost/benefit analysis for the construction of a jetty to alleviate erosion in the area? • Consideration should be given to screening the sand during future projects if deemed necessary. • The issues were raised so information may be garnered for the next renourishment and improve on the process if possible. CAC October 10,2013 VI-1 Approval of Minutes 5 of 6 Speaker Nancy Richie,Environmental Specialist, City of Marco Island reported it would be beneficial to develop a detailed monitoring plan incorporating minimum/maximum thresholds to determine when any areas should be renourished. Future consideration should be given to increasing the height of the jetties which may help alleviate erosion. The Committee requested Staff to: 1. Schedule a site visit with any interested parties to review the project in the field. 2. Provide members with any cost/benefit analyses completed for additional jetties in the areas of concern. 3. Provide members with the data analysis on the composition of the sand placed on the beach. 4. Review the monitoring schedule for the areas in question. 5. Place the item on the next CAC meeting Agenda and provide an update. 4. FEMA Comments on Tropical Storm Fay Renourishment Gary McAlpin provided email chain—Subject: "Collier County Bid Format— TS Fay and Remaining County Hot Spots Project"which outlined the status of the FEMA de-obligation of funding for Tropical Storm Fay damages to the beaches for information purposes. Staff continues to pursue appropriation of the funds. 5. Doctors Pass Jetty Revisions-Mayor Sorey Chairman Sorey provided a copy of his letter to BCC Chairwoman Georgia Hiller, Re: Beach Renourishment which outlined the of status of the current and future beach renourishment funding including proposed projects such as modification of the south Dr. Pas jetty and underwater reefs off the beach hotspots to absorb wave energy. He recommends a joint City of Naples Council, Marco Island Council and BCC workshop be held after an analysis of the beach renourishment has been competed to discuss recommendations and a path to move toward in the future. He noted the County Manager requested Staff to collaborate with the CAC o develop the following: 1. A process that will ensure long term permits for beach renourishment and inlet management projects that have lapsed. 2. Evaluate and research the potential for the County either individually or as part of a consortium of local governments, the purchase of a dredge and related equipment. 3.De velop a report on potential methods/practices that would mitigate beach erosion along all segments of Collier beaches. The Committee discussed the concepts noting a Subcommittee is not necessary to address the assignment with Staff reporting they will be coordinating the items through the full Committee. IX. Old Business None X. Announcements None XI. Committee Member Discussion CAC October 10,2013 VI-1 Approval of Minutes 6 of 6 Chairman Sorey reported there will be a Workshop held to discuss the concept of constructing a bridge on Seagate Drive between Moorings Bay and Clam Pass. Mr. Rios requested Staff to notify him on the scheduling for a site visit to review the beach renourishment on Marco Island. Mr.Raymond requested clarification when the Naples Beach, LaPlaya Beach and Seagate beach hot spots were last renourished. Mr. McAlpin reported the Seagate hot spot was renourished in 2011 and the others in the fall of 2012. XII. Next Meeting Date/Location October 10,2013—Government Center,Administration Bldg. F,3rd Floor There being no further business for the good of the County,the meeting was adjourned by order of the chair at 2:31 P.M. Collier County Coastal Advisory Committee John Sorey, III, Chairman These minutes approved by the Board/Committee on as presented or as amended CAC October 10,2013 v11-1 Staff Reports 1 of 18 COLLIER COUNTY TOURIST TAX REVENUE FY 13 TDC Revenue Report 30-Sep-2013 Budget FY 13 Adopted FY 13 Actual Variance to FY 13 Description Fund Budget FY 13 Forecast (Preliminary) Forecast Beach Facilities 183 2,368,600 2,200,800 2,103,511 -97,289 TDC Promotion 184 3,588,800 4,182,600 4,385,724 203,124 Non-County Muse 193 342,000 368,600 385,488 16,888 TDC Admin 194 1,667,700 1,797,900 1,880,186 82,286 Beach Renourishr 195 4,809,000 5,266,700 5,695,176 428,476 Promotion Disaste 196 0 0 0 0 County Museums 198 1,579,100 1,659,100 1,733,301 74,201 Gross Budget $14,355,200 0 $15,475,700 $16,183,571 $707,871 Less 5%Rev Res (779,900) Net Budget 13,575,300 Collections %Budget Collected to %over FY 12 %over FY 11 %over FY 10 Month Actual FY 13 Cum WO Date collections collections collections Oct 627,861 627,861 4.374% 19.52% 31.12% 41.11% Nov 734,419 1,362,280 9.490% 6 18% 17.48% 34.27% Dec 959,221 2,321,501 16.172% 3.73% 27.88% 28.74% Jan 1,276,477 3,597,978 25.064% 5.62% 26.42% 20.69% Feb 2557,493 5,655,471 39.397% 7.89% 28.49% 22.57% Mar 2,396,642 8,052,113 56.092% 3.05% 18.29% 17.89% Apr 3,303,059 11,355,172 79.101% 18.49% 28.68% 37.28% May 1,463,598 12,818,770 89.297% 1.81% 7.88% 10.61% June 1,041,187 13,859,957 96.550% 11.41% 22.39% 31.86% July 831,809 14,691,766 102.345% 13.89% 22.37% 42.35% Aug 838,300 15,530,066 108.184% 7.72% 14.72% 25.24% Sept 653 505 16,183,571 112.737% 1.06% 2.11% 13.10% Total 16,183,571 16,183,571 8.63% 21.53% 25.88% rilrfig% ,. 7.806% Bal to Collect (707,871) Budget Comparison 5 Yr Collect 5 Yr Collect Budgeted Actual Budget to Actual Forecast Month History-Cum History-Monthly Collections Collections $Vanance Collections Oct 3.5% 3.5% 498,841 627,861 129,020 537,778'.. Nov 8.1% 4.7% 667,999 734,419 66,420 720,140'. Dec 14.0% 5.9% 847,409 959,221 111,812 913,554< Jan 22.3% 8.3% 1,189,8660 1,276,477 86517 1,282,735.. Feb 35.1% 12.8% 1540,952 2,057,493 216,541 1,984,648!'. Mar 50.8% 15.71 2,246583 2,396,642 149959 2422,049'. Apr 69.1% 18.3% 2,624,777 3,303,059 678,282 2,829,654'. May 79.2% 10.2% 1,457,125 1,463,598 6473 1,570,861'. June 85.4% 6.1% 882548 1,041,187 159139 950,897'. July 90.3% 4.9% 708,954 831,809 122,855 764,291' Aug 95.6% 5.2% 752530 838,300 85570 811371 Sept 100.0% 4.4% 637,921 653,505 15,584 687,714.: Total 100.0% 100.0% 14,355,200 16,183,571 1,828,371 15,475,7001. Tourist Tax Revenue Collection Curve w$35 ... ......... ......... .. ............_.._. 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