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CAC Minutes 12/11/2003 RDecember 11, 2003 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, December 11, 2003 LET IT BE REMEMBERED, that the Collier County 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: VICE CHAIRMAN: David Roellig James Snediker Bedford Biles William Kroeschell Tony Pires Gary Galleberg (Excused) John Strapponi (Absent) ALSO PRESENT: Ron Hovell, Coastal Projects Manager 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 DECEMBER 11, 2003. AGENDA o 6. 7. 8. Roll Call Additions to Agenda New Business a. Approval of minutes of November 13, 2003 b. Beach Cleaning Progress Update c. Delnor-Wiggins State Park Grading Grant Application d. Hideaway Beach Renourishment: Request for Additional Information by the Florida Department of Environmental Protection Old Business a. County / City of Naples Beach Renourishment Update i. Engineering Services $425,000 Budget Amendment ii. Request for Additional Information by the Florida Department of Environmental Protection iii. Project Scope and Funding iv. Schedule b. Wiggins Pass Permit Modification Work Order Proposal c. Review of Recommendations made on November 13, 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 TItAT 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. December 11, 2003 Meeting was called to order by Vice Chairman David Roellig at 1:35 PM. 1. Roll Call - Roll call was taken with 5 members present. 2. Additions to the Agenda - Under Old Business - Add 4.d - Proposed/Pending Policy - Delete 3. c - from the Agenda - Committee Member Comments add - Filling Member Vacancies Mr. Pires moved to approve the Agenda as amended. Second by Mr. Snediker. Carried unanimously 5-0. e New Business: A. Approval of Minutes - November 13, 2003 - Mr. Kroeschell moved to approve the minutes of November 13, 2003. Second by Mr. Snediker. Page 3, 3.B - Mr. Snediker stated it should read a "maximum" rate of $150.00 instead of an average approx, rate of $150.00. After much discussion it was decided it is a "maximum" of approx. $150.00/an hr. The motion and second was amended with the above change. Motion carried unanimously 5-0. Be Beach Cleaning Progress Update - Ron Hovell - Lightener Contracting was called in for cleaning up the sea weed. - They are still finishing up Marco Island. They have finished cleaning Naples, Parkshore, Vanderbilt and Marco for approx. $15-20,000. Dr. Staiger mentioned the City of Naples has been cleaning up red algae every week which is a natural occurring event but has an odor to it. It is depleting their community services budget rapidly. C. Delnor-Wiggins State Park Grading Grant Application - deleted. De Hideaway Beach Renourishment: Request for Additional Information by the Florida Dept. of Environmental Protection - Ron Hovell - letter dated December 2, 2003 is enclosed and attached from DEP. The letter acknowledged receipt of their permit application. Mr. Hovell knew they would need additional information on the different items. Most of them take more time to submit. There are no additional costs for submission of required items for the first time. Many of the items are being done and they are waiting for repons. 2 December 11, 2003 Old Business: A. County/City of Naples Beach Renourishment Update 1. Engineering Services $425,000 Budget Amendment - Executive Summary is enclosed is packet and scheduled for the BCC meeting on December 16, 2003. Tourist Development Council had recommended it at their last meeting. Mr. Hovell explained the additional costs and need. Mr. Pires mentioned it is an increased cost and wondered if there was a "not to exceed" number in the original contract. Mr. Hovell responded a budget estimate was provided and the County has a fixed term contract. As work is desired, they request proposals, negotiate a price and issue a Work Order. In May they knew the hard bottom investigation would have to be done and would then need a Budget adjustment. The scope of the work order is broader than the scope of the $1.2M budget estimate was based on. They have not gone out for proposals as they have a fixed term contract. Engineers are selected by qualifications and not price - price is then negotiated. Mr. Pires asked if they had an opinion l¥om the County Attorneys office in modifying the scope of services and changing the cost and whether it is in full compliance with the CCNA. Mr. Itovell responded that work orders up to $95,000 can be executed by staff and anything over that has to go before the Board. He stated everything has gone to the BCC. Mr. Snediker moved to recommend approval of the Executive Summary for the Budget Amendment of $425,000 to the BCC. Second by Mr. Biles. Mr. Pires stated he did not think he would participate in the vote since he represents the Clerk of Courts in offering guidance on Contractual matters. Mr. Itovell responded this is amending the Budget and not a Contractual issue. Discussion followed on the policy and purchasing guidelines Motion carried 4 in favor with 1 abstention. (Tony Pires abstained) Request for Additional Information by the Florida Dept. of Environmental Protection - Ron Hovell This item is similar to Item 3.d - Permit application for renourishment for Vanderbilt, Park Shore and Naples Beaches. 3 December 11, 2003 3. Project Scope and Funding- Ron Hovell Project cost estimates were shown for beach renourishment for the various areas in the amount of $17M. (Attached) Committee needs to think about prioritizing the beach segments or identifying the Corp areas. FEMA will not discuss funds until the permit application is approved. A lengthy discussion was held concerning various issues on the different beaches, funding and cost sharing. Need to focus on prioritizing for the future. 4. Schedule-November 2004 Be Wiggins Pass Permit Modification Work Order Proposal- Ron Hoveli Letter from Humiston & Moore Engineers (Attached) Showed costs for Conceptual Plan, Pre-Application Meetings, Preliminary Design, Permitting and additional services. ($129,708) Mr. Humiston stated if dredging was done at the same time as the regular maintenance dredging, there wouldn't be any additional mobilization charges. The quantity of sand to be dredged would be approx. 20-30,000 cubic yards - $5/yd could mean $150,000 additional. SPEAKERS Mr. Bill Ring - Pelican Isle -Past President of Estuary Conservation Assn. - ECA monitors Wiggins Pass, take measurements and then communicates to Ron Hovell about the conditions and initiates dredging the pass. He is speaking on behalf of the ECA. · Goal to maintain & improve estuary system. · Safe & responsible enjoyment of the waters. · Health of system depends upon good flushing action of fresh and salt waters · Showed different sections of a map of the area in Barefoot and Delnor Wiggins and talked about causes and solutions to erosion. · Concerned about not doing a full scale dredging. · Concerned the pass will close up · Change the dredging parameters - not in favor. · To do nothing would be unacceptable · ECA would endorse T-Groins · Suggested other areas to be included in the dredging. 4 December 11, 2003 Discussion followed on State funding. Critical erosion areas receiving cost sharing from the State Government have to meet two main criteria to participate; area be designated as a critical erosion area and be publicly accessible according to the States definition. Mr. Ring suggested changing the disposal sites of sand to improve beaches along Barefoot Preserve. Delnor Wiggins would prefer to have the beaches as natural as possible. Cannot wait a year for funding. T-Groins and funding alternatives were discussed. The Policy was discussed and is scheduled for possible adoption by the BCC. It was felt an MSTU or MSBU might be beneficial. Ron Hovell stated the policy doesn't specifically address dredging. He didn't think staff wanted to volunteer to make Wiggins Pass Dredging an emergency. If the Board feels it is an emergency and wants to use TDC funds, they will do it. Dou~ Fee - President of North Bay Civic Organization - Member of ECA - not representing any of the groups- · Read history of Inlet Management Plan · Showed study costs of dredging in 1984 through 1993 · Cost approx. $200,000 per dredge · Read letters from Mr. Huber from mid-90's and showed diagrams of Pass · Showed Budget for 10 year plan & costs for dredging the Pass · Need Public meetings and input in process John Findlay - Certified Marina Manager - Pelican Isle Yacht Club · Worked on similar projects in Lee County for 20 years and with WCIND. · They are in favor of working with Collier County in matching funds and grants. · They are very concerned about the pass shutting down affecting everything up to Fort Meyers Beach. · Coastal flooding would affect many property owners if it closes. · Discussed shoaling · T-Groins would be a solution Dr. Staiger discussed the Inlet Management Plan. Inlets that were being managed were the single cause of beach erosion in the State. State decided they would not get into permitting long term dredging of inlets unless there was an Inlet Management Plan for each that addressed balancing the sand. May want to revisit plan and look at hydraulics of inlet and Mr. Humiston is trying to do that. He state they need to look at the present hydraulics and not what was back in the mid-90's. Mr. Snediker moved to approve Items 1 (Conceptual Plan) and #2 (Pre- Application Meetings). Second by Mr. Kroeschell. Carried unanimously 5-0. Mr. Pires reminded residents to go the Board of County Commissioners meeting. 5 December 11, 2003 Mr. Itovell stated this is viewed as a navigational boating issue, not as a beach maintenance issue. The Policy, whether it passes or not, will not help clarify the issue of dredging. Staff has no guidance now and residents will have to take Board action. Mr. Roellig moved to request Mr. Hovell brief his Senior County Staff on the problem with the dredging and get direction on how to proceed from here forward. Second by Mr. Biles. Carried unanimously 5-0. Review of Recommendations made on November 13, 2003 - Ron Hovell - Gave an update of items heard by the TDC on 11/12/03 and the upcoming items to be heard by the BCC on 12/16. - Introduced Shane Cox with Mr. Hovel's staff, who will work on solid waste projects and beach related projects. - Talked about the grant and acquisition applications for the various beaches and updating the 10 year plan depending upon the policy. Discussed the need for sponsors and the dredging issues with the possibility of setting up a taxing district or personal funding. Discussed the Budget funding with the various projects and the need to prioritize. Dr. Staiger discussed inlet dredging and going back to the Inlet Management Plan - now (DEP) - if managing the beaches, need to manage the inlets. Logical use of the beach management money is the inlet dredging because it is part of managing the beaches. Should be eligible for TDC funding. He is not sure where the County Attorney stands on the issue now. De Proposed - Pending Policy · The Committee was concerned about funding the various projects. · Mr. Snediker mentioned Marco Island endorsed the policy with contingencies, such as Hideaway Beach being a vital tourism area and the access off Spinnaker Drive and the Interlocal agreement is accepted by the County. · Discussion followed on erosion control, Barefoot Beach and beach park facilities. 5. Audience Participation - None. e Committee Member Comments - Mr. Pires asked about the vacancies on the committee due to the resignation of Mr. Pennington and Mr. Arceri and if the Commissioners were advertising and/or appointing someone. It was noted Mr. Arceri and Mr. Pennington have been asked to return to the committee. Mr. Arced indicated he would consider serving depending upon what happens with the Policy. 6 December 11, 2003 7. Schedule next Meeting - January 8, 2004 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:25 PM. Collier County Coastal Advisory Committee Vice Chairman David Roeilig 7 WOODWARD, PIRES & LOMBARDO, EA. Attorneys-At-Law CRAIG R. WOOI)XXq~tRD · MARK J. WOODX'~SXRD ANTHONY P. PIRES, JR. 1 J. CHRISTOPI [ER LOMBARDO STEVEN ~ CARRIE E. LADEMAN BURT L. SAUNI)ERS ELIZABETHJ. VAN ARSD^L~ · OF COL NSEL · (Board Certified Real Estate Attorney) · (Board Certified City, County and Local Government Attorney) · (Certified Circuit Civil Mediator) · (Certified Fatally Law Mediator) · (Also Admitted in Iowa) 3200 Tamiami Trail N. Suite 2oo Naples, FL 34xo3 TEl. (239) 649-6555 FAX (239) 649-7342 www. wpl-legal.com January 6,2004 Maureen Kenyon Via Hand Delivery Clerk to the Board Collier County Board of Commissioners 3301 East Tamiami Trail Naples, FL 34112 Building F -4th Floor Re: Coastal Advisory Committee Dear Maureen: Enclosed please find for filing with your office Form 8B Memorandum of Voting Conflict for County, Municipal, and other Local Public Officers referring to a vote on December 11, 2003. If you should have any questions, please do not hesitate to contact me. Very truly yours, WOODWARD, PIRES & LOMBARDO, P.A. APP/alr enc. Cc wlenc.: Ron Hovell FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAJ~E--FIRST NA~vlE--MIDDLE NAME NAME OF BOARD, COUNCIL, CO~MISSION, AUTHORITY, OR COMMITTEE MAILING ADDRES~ ! ' ' THE BOARD, COUNCIL, COMMIt'SION, AUTHORITY OR COMMITTE DATE ON WHICH VOTE OCCURRED WHICH I SERVE IS A UNIT OF: [] CITY ~{~NTY F..J OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: ~.//.~ ~/i~/,,~ MY POSITION IS: L~ ELECTIVE J[I,.,"~PPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding electi~/e or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or toss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, broUner, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the slnares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: in addition to abstaining from voting ill the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest iii tine measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording tine min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF you INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must comptete and rile this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) · A copy of the form must be provided immediately to the other members of the agency. The form must be read publicly at the next meeting alter the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with U~e person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting aRer the form is filed. DISCLOSURE OF LocAL OFFICER'S INTEREST ...... ...... _.q 20 (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, ___ inured to the special gain or loss of whom I am retained; or ___ inured to the special gain or loss of is the parent prganization or s~bsidi~ of a principal which has retained me,.~ /)/~,~wa,~,~.4,4 ~ ~/~ -- ~ ~ .,~-~ (b) The measure ~erore my agen~ and the nmure or my connicdng interes[ in the measure is as rouows: by .................. which Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2