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CAC Minutes 09/11/2003 RSeptember 11, 2003 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, September 11, 2003 LET IT BE REMEMBERED, that the Coastal Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 1:30 PM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Gary Galleberg Ron Pennington James Snediker David Roellig John Strapponi (Excused) John Arced Bedford Biles Anthony Pires William Kroeschell ALSO PRESENT: Ron Hovell, Coastal Projects Manager Heidi Ashton, Assistant County Attorney Dr. Jon Staiger, City of Naples NOTICE OF PUBLIC MEETING NOTICE IS HEREBY GIVEN OF A COLLIER COUNTY COASTAL ADVISORY COMMITTEE MEETING IN THE BOARD OF COUNTY COMMISSIONERS BOARDROOM, THIRD FLOOR, W. HARMON TURNER BUILDING (ADMINISTRATION), AT THE COLLIER COUNTY GOVERNMENT COMPLEX, 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA AT 1:30 P.M. ON SEPTEMBER 11, 2003. AGENDA o 6. 7. 8. Roll Call Additions to Agenda New Business a. Approval of minutes of August 12, 2003 b. County / City of Naples Beach Re-nourishment Engineering Report, Annual Monitoring Report and Permit Application c. FDEP Beach Erosion Control Program Submission d. Hideaway Beach Re-nourishment Permit Application and Magnetic Anomalies Investigation Proposal e. Hideaway Beach Re-nourishment with Upland Sand Engineering and Construction Monitoring Proposal f. Marco Island Grading Purchase Order g. Engineering Services Contracts h. Beach Raking / City of Naples i. TDC Grant Applications for Acquiring Public Beach Access Old Business a. Tourist Development Tax Funding Policy for Category 'A' Projects b. Collier Creek Maintenance Dredging Update c. Marco Island Major Grading Revised Work Order Proposal d. Easements for Beach Maintenance e. Review of Recommendations made on August 12, 2003 Audience Participation Committee Member Comments Schedule next meeting Adjournment ADDITIONALLY, THIS NOTICE ADVISED THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE COASTAL ADVISORY COMMITTEE, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE 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 TO BE BASED. September 11, 2003 Chairman Gary Galleberg called the meeting to order at 1:35 PM with the Pledge of Allegiance being recited in remembrance of this special day. 1. Roll Call: Mr. Strapponi may be in attendance later in the meeting. Mr. Pires is not present. 2. Additions to the Agenda: Mr. Roellig and Mr. Hovell will give an update of the Florida Shore and Beach Preservation Conference attended last week. e New Business: a. Approval of Minutes of August 12, 2003 -Page 2 - should read 100,000 cubic yards. Mr. Roellig moved to approve the minutes of August 12th, 2003 as amended. Seconded Mr. Areeri. Carried unanimously 7-0. Mr. Pires arrived at 1:40 PM. be County/City of Naples Beach Re-nourishment Engineering Report, Annual Monitoring Report & Permit Application - Mr. Steve Keene- Coastal Planning & Engineering - presentation on overhead given included: (Attached) - Layers of Sand - Rock layers - size of sand given with details - 2 borrow areas - showed on map of the two areas (N5-5 miles off Naples on SW Coast & T1-33.1 miles from Vanderbilt Beach) Hardbottom investigation Investigative Plan approved by State for permitting beach project near Hardbottom. Picture of GIS Database shown Coarse Sand Design More detailed reports available from Mr. Keene Covered renourishment alternatives Summary of design criteria: - Establishing a 100 foot design beach, maintained for 6 years, avoiding Hardbottom coverage, considering flat berm with 5 foot NGVD elevation and dunes at selected locations. They are also trying to curtail truck hauling. - Discussion followed on the coarse and fine sand and how they can change the characteristics of a beach. - Mr. Hovell stated there needs to be a sand selection process, but not today and suggests submitting a permit application so there is flexibility of choosing any or all beaches for renourishment. - Recommendation is the coarse sand source - being superior - will provide longevity and performance that is needed. - Discussion followed on the construction method concerning the Hopper Dredges versus Cutterhead Dredge. Coastal Planning & Engineering felt they 2 September 11, 2003 would target Hopper Dredging for the offshore and for the distance sight, to keep costs in line and allow flexibility so no rocks are on the beach. - Mr. Galleberg expressed different presentations with estimates have been given in the past and they concluded they would do the offshore source, and now back to Tom's hill. He questioned hopper dredging being an issue when the whole premise was hopper dredges so there wouldn't be a problem. - Tom's hill was a source that had good sand and wouldn't present a problem which is true according to Coastal Planning & Engineering. He explained how they have developed both borrow sources in their presentation. They can still come close to the Budget if they use a mixed dredging - some fine material in some areas and coarse material in others. A good decision would be all coarse material, for long term, but is pricier. Mr. Galleberg questions the value of the estimates the Committee had been presented with earlier. He was not sure the public would understand or accept the coarser sand. Costs and permits were discussed. Dr. Staiger reinforced Steve Keene's suggestion to go forward with the permit process asking for everything with omissions later if need be - drawback is paying for it up front. The residents in the city of Naples want the groin fields back. Mr. Roellig moved to approve the submittal of the permit application. Seconded Mr. Arceri. Carried 7-1. Mr. Pires voting "no". FDEP Beach Erosion Control Program Submission - Mr. Hovell discussed the application for the major renourishment and submitting it to the State to meet their deadlines. He used $17M based on the numbers of all the repons submitted. The State will look at where and how much parking there is so they can do the calculations on a percentage of the projects that will be eligible for State Funding. The maximum the State will pay is 50%. - Discussion followed on the eligibility list for the State. Mr. Snediker moved to do the submittal on all the projects. Seconded Mr. Kroeschell. Carried unanimously 8-0. Hideaway Beach Renourishment Permit Application & Magnetic Anomalies Investigation Proposal - (get approval to submit the permit application & continue with doing the work necessary to answer all the States questions for allowing a permit) - Ken Humiston - Humiston & Moore Engineering - gave an overview on the highlights of the project. (Attached) 3 September 11, 2003 - Proposal for additional investigation of the borrow area. State will need verification before approving dredging in particular areas. Permit could be obtained within a year - 2004. Project could be completed before start of sea turtle nesting season. Following completion - monitoring is required for 5 years. Permit fee for nourishment - $10,000 -not certain on computation by State at this time & could be $20-50,000. Mr. Snediker moved to approve submittal of the Hideaway Beach Renourishment permit application to the State for approval. Seconded Mr. Roellig. Carried unanimously 8-0. Mr. Roellig move to approve the work order for $15,829 to investigate the three magnetic anomalies in the borrow area. Seconded Snediker. Carried unanimously 8-0. Hideaway Beach Renourishment with Upland Sand Engineering and Construction Monitoring Proposal - (trucking of sand onto Royal Marco Point) Mr. Snediker moved to approve the work order for the $20,450 to Humiston & Moore Engineering. Seconded Mr. Roellig. Carried unanimously 8-0. 3:00 PM -Break 3:10 PM - Reconvened L Marco Island Grading Purchase Order Proposal- Ron Hovell - Repeat grading of Marco Island Beach -purchase order for $15,000. Mr. Pennington moved to approve issuing a Purchase Order for re- grading Marco Island Beach, not to exceed $15,000. Seconded Mr. Biles. Carried unanimously 8-0. Engineering Services Contracts - Ron Hovell showed the spread sheet on the overhead project on a summary of the three Engineering contracts with all the work orders issued. he Beach Raking/City of Naples - there was 240 tons of seaweed removed from the beach by Litner Contracting three weeks ago. Mr. Hovell recommends the Committee spend up to $8,000 to clean up the seaweed. Mr. Kroeschell moved to approve an expenditure of up to $8,000 to Litner Contracting for cleaning up the seaweed. Seconded Mr. Arceri. Carried unanimously 8-0. 4 September 11, 2003 TDC Grant Applications for Acquiring Public Beach Access - Three grant applications - Vandcrbilt Beach, Hideaway/Tigertail beach, and Inland from Vanderbilt Beach with shuttling people into the area. Discussion followed on thc number of parking spaces and funding. Mr. Pennington felt it was premature for this subject to be submitted to the Committee at this time. - The legality of parking spaces along Hwy 41 was questioned. Ms. Ashton stated it had been brought up to the County Attorneys office to render an opinion on several scenarios concerning this subject of which has not been done as of this date. It is governed by Section 125.104, Sub-section 5A. Her opinion is that if it is not something specifically enumerated in the Statue, it is then deemed prohibited. TDC Statutes are strictly construed by the Courts. They can give a favorable opinion at this time, although it isn't written yet after consultation with the Clerk of Courts who is in agreement with her position, as to the acquisition of land for beach access that is contiguous to the beach. Without completing her analysis she did not feel she could give a favorable opinion as to off site locations for parking. The legality should be established through a Bond Validation procedure or another party for litigation. An opinion was issued a year or so ago concerning Lely Barefoot Beach in which the Attorney General said that it was logical that beach park facilities included acquisition of property and if governing body made the legislative binding and that if it was a beach park facility, it would logically include access. Mr. Pennington moved to recommend denial on all three grant applications. Seconded Mr. Roellig. - Discussion followed on priorities on renourishment versus access and thoughts of tabling was also talked about. More details and specifics are needed. No presenters were present. Mr. Pennington amended his motion to table the three grant applications at this time due to. lack of specific information and legal opinion. - A lengthy discussion followed. Based on the Ordinance the Committee is to review capital expenditures relating to beach access and maintenance. Seconded Mr. Arceri. Carried unanimously 8-0. 4. Old Business: a. Tourist Development Tax Funding Policy for Category "A" Projects - - Sub-Committee met on August 21, 2003. - Reviewed policy on screen with recommended changes. September 11, 2003 A lengthy discussion followed on whether the word "residence" should be eliminated or not. - Mr. Arceri commented they should consider changing the policy. He also stated that every beach that has some form of public access and some form of people using it; hotels, motels, single family or multi-family- should be eligible for minimum funding. - Mr. Galleberg suggested in #2 - instead of "or has been designated by the County as part of the Inlet Management Plan and recognized - should say "is a vital area subject to abnormal erosion" - as decided by the Committee. Mr. Pennington moved to accept Mr. Arceri's recommendation for Paragraph #1, to include the entire area, if at least 80% of it is classified as eligible, Paragraph #2, to recognize that it is a vital area subject to abnormal erosion to replace what the Committee originally had for "residence". Seconded Mr. Arceri. Mr. Pennington amended the motion to read "to recognize the vital area subject to abnormal erosion by the Coastal Advisory Committee". Mr. Arceri seconded. Carried unanimously 8-0. It was suggested the entire report be rewritten and sent to all members of the Tourist Development Council. It was decided Mr. Arced attend the Tourist Development Council meeting. After a lengthy discussion concerning funding, Ms. Ashton suggested recommending that if the CAC Ordinance doesn't include all types of Category "A" funding, that it be expanded to include all Category "A" funding. The Ordinance currently deals with beach renourishment and erosion, not necessarily all types of category "A" funding. Mr. Galleberg stated the CAC Ordinance reads "planning and prioritizing capital improvement programs related to Coastal issues." He feels access to the beaches is a Coastal issue. Mr. Pennington stated the Parks and Recreation Ordinance does not address funding issues, only make recommendations. SPEAKERS David Somers - Hideaway Beach - stated in the language the Committee changed; he said the State does prepare an erosion control document that lists the most eroded beaches and hoped the Committee would take that into consideration when dealing with the issue. Since a portion of the beach is to be funded by private property owners, 6 September 11, 2003 there is no mechanism in place of how those private property owners are supposed to fund it. Mr. Galleberg stated it would be the Board of County Commissioners decision of how to set that up. Doug Fee - represents the North Bay Civic Association - he attended the meeting in which the Parks & Rec discussed the policy requests in June or July. The BCC asked the Advisory Boards look at it before voting on it. The Parks & Rec. recommended that there would be public parking for all citizens. They also asked for bathroom facilities. He understood there would be TDC dollars for the renourishment. He felt the advisory committees were to look at the issues and give an opinion of whether it was right or wrong and whether it is a sound policy and not look at the individual areas of the County or tweaking it. He hopes the BCC will get the committees input on the decision and policy of funding along with the renourishment issues not just based on the area they live in, but in an equitable way based on a Federal and State policy - providing parking and bathroom facilities. If they don't have those amenities, they shouldn't get full funding. Mr. Galleberg stated this is a major public policy issue that will be decided and debated at the Board of County Commissioners. Mr. Fee wants them to keep all this in mind in the future. Discussion followed on the parking and restroom issue and State criteria for funding. Mr. Pires mentioned the CAC is represented well from all areas, has good debates and discussions and is a non-partisan group. b. Collier Creek Maintenance Dredging Update - will not be submitted for TDC funding review. If DEP approves it - should be no problem. Ce Marco Island Major Grading Revised Work Order Proposal - from Taylor Engineering - to permit a major grading, requiring a full permit from the State. - To provide a more permanent solution to the grasses rather than grade every year. The Marco Island City Council has discussed this issue and asked the County to solve the problem. Committee feels they need a better definition as to what the problem is and will look at this again in October. d. Easements for Beach Maintenance - Mr. Hovell would like set aside approx. $100,000 and then get the Realtors involved. e. Review of Recommendations made on August 12, 2003 - TDC does not meet as full Committee until September 22nd. 7 September 11, 2003 5. Audience Participation - none. e Committee Member Comments - Mr. Roellig attended a Florida Shore and Beach Preservation Conference where there was discussion that all allocated state funds were not used. Mr. Roellig moved to request staff to investigate and submit a letter to the Corps of Engineers for funding options. Seconded Mr. Arceri. Dr. Staiger stated they should contact Congressmen Goss for a Congressional authorization to ask the Corps to do a reconnaissance study at no cost, then the feasibility study at a 50/50 cost. Getting a project can be difficult but no reason why they can't pursue it. It can take 7-8 years before something happens. Mr. Pires left at 5:10 P.M. Carried unanimously 7-0. 7. Schedule Next Meeting - Thursday, October 9, 2003. There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 5:15 PM. COLLIER COUNTY COASTAL ADVISORY COMMITTEE Chairman Gary Galleberg 8