Agenda 10/23/2012 Item #11C 10/23/2012 Item 11 .C.
EXECUTIVE SUMMARY
Recommendation to consider an out-of-cycle Tourist Development Council ("TDC") Grant
Application from the City of Marco Island/Hideaway Beach District for Erosion Control
Structures at Hideaway Beach and if approved make a finding that the project is in the
public interest and authorize all necessary budget amendments.
OBJECTIVE: The City of Marco Island and the Hideaway Beach Special Taxing District are
seeking a Tourist Development Council emergency grant of$925,000 for the installation of three
erosion control structures on the east end of Hideaway Beach.
CONSIDERATIONS: The City Manager of Marco Island has requested this item be placed on
the Board's agenda for consideration. The total cost of this project is $2,350,000 with the City of
Marco Island/Hideaway Beach District contributing $1,425,000 for the engineering, permitting
and beach renourishment and the County funding $925,000 for the erosion control structures.
The Board of County Commissioners has previously approved the use of Tourist Development
Tax funds for the installation of erosion control structures on Hideaway Beach. Funds were
approved for a 2005 project and then again for a 2009 project. If approved, this will complete
the installation of erosion control structures on Hideaway Beach.
Hideaway Beach is classified as a critically eroded beach by Florida Department of
Environmental Protection (FDEP). Hideaway Beach does not satisfy FDEP's public access
guidelines for state cost share reimbursement. Collier County has used the state cost share
guidelines in the past to determine project eligibility for TDC funding. This project may
however, meet the criteria of the TDC Category"A"Funding Policy (attached) for installation of
erosion control structures if the Board makes a determination that this project is in the public
interest.
On May 11, 2012, the Coastal Advisory Committee voted 5-4 to recommend denial of this
request and on September 24, 2012, the Tourist Development Council voted 4-3 to recommend
denial of this request.
FISCAL IMPACT: This project is not funded within the FY2013 budget. Should the Board
decide to appropriate funds, a budget amendment will be necessary moving $925,000 from Fund
(195) Beach Renourishment/Pass Maintenance reserves. Any further reduction of Fund (195)
reserves will reduce the availability of funds for the FY2014 planned renourishment project
based upon the expenditure pro forma presented to the Board on September 25, 2012, Item 11C.
(See Attachment G.)
GROWTH MANAGEMENT IMPACT: Because the project is within the City of Marco
Island there are no County growth management impacts.
LEGAL CONSIDERATION: Tourist development tax funds may be used to fund the erosion
control structures if the Board makes the required finding that funding this project is in the public
interest.
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10/23/2012 Item 11.C.
Section 125.0104, Fla. Stat.,provides authorized uses of revenue which include to "finance
beach park facilities or beach improvement, maintenance, renourishment, restoration, and
erosion control, including shoreline protection, enhancement, cleanup, or restoration of inland
lakes and rivers to which there is public access as those uses relate to the physical preservation of
the beach, shoreline, or inland lake or river." § 125.0104(5)(a)4, Fla. Stat.
Collier County Ordinance No. 92-60, as amended, also provides the authority to fund erosion
control with Category"A" funding.
The Tourist Development Category"A"Funding Policy
(approved
for the legal use of Category"A"Funding. Both eligib eand ineligible beach areas area policy
considered.
Section Four defines eligible beaches as those accessible to the public and not more than one half
mile from a beach park facility.
Section Five provides a standard for funding ineligible beach areas. Section 5(b)provides that
"an area of ineligible beach that is subject to high erosion, with the recommendation of the CAC
and determination by the BCC as being in the public interest, may have erosion control structures
installed with Category"A" funding."
This item is legally sufficient and requires a majority vote for Board action. —CMG
RECOMMENDATION: That the Board of County Commissioners consider an out-of-cycle
Tourist Development Council ("TDC") Grant Application from the City of Marco
Island/Hideaway Beach District for Erosion Control Structures at Hideaway Beach and if
approved make a finding that the project is in the public interest and authorize all necessary
budget amendments.
PREPARED BY: Gary McAlpin, Natural Resources Department, Growth Management
Division.
Attachments:
a) City of Marco Island Cover Letter
b) Marco Island/Hideaway Beach District TDC Grant application
c) City of Marco Island Resolution 12-15
d) TDC Funding Policy
e) Marco Island City Manager e-mail
f) Hideaway Beach Erosion Control Memorandum
g) Fund 195 pro forma
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10/23/2012 Item 11 .C.
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.C.
Item Summary: Recommendation to consider an out-of-cycle Tourist Development
Council ("TDC") Grant Application from the City of Marco Island/Hideaway Beach District for
Erosion Control Structures at Hideaway Beach and if approved make a finding that the project is
in the public interest and authorize all necessary budget amendments. (Gary McAlpin, Coastal
Zone, Growth Management Division)
Meeting Date: 10/23/2012
Prepared By
Name: HambrightGail
Title: Accountant,Coastal Zone Management
10/12/2012 9:32:42 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P&R
Date: 10/12/2012 9:59:12 AM
Name: McAlpinGary
Title: Director- Coastal Management Programs,Coastal Zon
Date: 10/15/2012 11:10:15 AM
Name: GreeneColleen
Title:Assistant County Attorney,County Attorney
Date: 10/15/2012 4:09:40 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 10/15/2012 4:37:39 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 10/16/2012 8:47:03 AM
Name: StanleyTherese
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10/23/2012 Item 11.C.
Title: Management/Budget Analyst, Senior,Office of Manage
Amiok
Date: 10/16/2012 8:57:31 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 10/16/2012 8:59:28 AM
Name: OchsLeo
Title: County Manager
Date: 10/16/2012 9:33:46 AM
owou
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10/23/2012 Item 11 .C.
, September 24,2012
New Business 7-a
r. . City 0 Marco Island
b_ � .
(4) .;
r id
Cwt,d
May 1,2012
Collier County
Coastal Zone Management Office
3299 Tamiami Trail East, Suite 103
Naples, Florida 34112
Re: Category"A" Grant Application for FY 12/13
Attn:Mr. Gary McAlpin,Director
Dear Gary:
Please accept the attached application from the City of Marco Island for the proposed Big
Marco / Capri Pass Inlet Sand Bypassing and Northern Marco Island Erosion Control
Structures Project.
The City of Marco Island's northern beach area has been experiencing significant erosion
in the wake of recent storms including Tropical Storm Fay, Since 2005, this beach
segment has eroded on average of 12 feet per year. The upland development and
infrastructure are threatened by the continuing erosion. The City has completed a
detailed model study and preliminary design, and is currently processing permits through
the FDEP and USACE, for their erosion control project to address this emergency
situation.
The purpose of this project is to provide a mechanism to offset historical erosion, restore
recreational beach use, provide storm protection to the upland prosperities, provide and
preserve sea turtle nesting sites, and to restore coastal habitat for the threatened and
endangered species.
If you have any questions or comments concerning this application, please contact me
directly.
Sincerely,
iy,,Mir FILE CUpy
Timothy E, Pi ter, P.E.
Public Wor cs Director
City of Marco Island
50 Balfl Eagle Drive, Mrart;u llsltanal, Florida 34145
(94 1) 389-5000 FAX (941) 389-4359
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10/23/2012 Item 11.C.
September 24,2012
New Business 7-a
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olOW
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
CATEGORY"A" GRANT APPLICATION
Beach Renourishment and Pass Maintenance
Big Marco/ Capri Pass Inlet Sand Bypassing and
Northern Marco Island Erosion Control Structures
(Project Title)
1. Name and Address of Project Sponsor Organization:
City of Marco Island
50 Bald Eagle Drive
Marco Island,FL 34145
2. Contact Person,Title and Phone Number:
Name: Timothy E.Pinter,P.E.
Address: 50 Bald Eagle Drive
City: Marco Island ST: FL ZIP: 34145
Phone: 239-389-5018 FAX: 239-389-4359
Other:
3. Organization's Chief Official and Title:
Dr.James Riviere,City Manager
4. Details of Project-Description and Location:
Description: The City of Marco Island's northern beach area has been
experiencing significant erosion in the wake of recent storms including Tropical
Storm Fay and coastal processes (winds, waves, tides and currents). Please refer
to Exhibit A for recent photographs. Since 2005, this beach segment has eroded
on average 12 feet per year(Figure 1). The upland development and infrastructure
are threatened by the continuing erosion. Based on these measured near-term
erosion rates, it is expected the building foundations will soon be under direct
wave attack as the remaining dune and wetland habitats and upland vegetated
lawn areas will be lost to erosion.
To address this critical erosion area, the City has completed a detailed model
study and preliminary design, and is currently processing permits through the
FDEP and USAGE for installation of three erosion control structures(T-groins)
Amok
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New Business 7-a
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Collier County Tourist Development Council
Category"A" Grant Application Page 2
Big Marco/ Capri Pass Inlet Sand Bypassing and
Northern.Marco_Island Erosion Control Structures
and placement of up to 25,000 cubic yards of beach compatible sand from inlet
bypassing sources.
The purpose of the renourishment and erosion control structures is to address
significant erosion along this beach segment providing a mechanism to offset
historical erosion, restore recreational beach, provide storm protection to the
upland properties,provide and preserve sea turtle nesting sites, and restore coastal
habitat for other threatened and endangered species. The sand sources for the
renourishment include the previously utilized Big Marco / Capri Pass Ebb Shoal
and Nearshore Borrow Areas.
The public benefit realized by the Project is to extend the project life of the
recently completed Collier Bay Entrance Channel Dredging which temporarily
addressed the navigation needs for the boating community. Installation of the
structures is expected to hold the sand placed in the nearshore zone along this
critically eroded beach segment, thereby reducing Project related costs as well as
future maintenance costs.
FDEP indicated support of the City's recommended plan and has requested a
Physical and Biological Monitoring Plan. The USACE completed its permit
review and has initiated consultation with the USFWS and NMFS. Permits are
expected by the end of the year.
As established by prior precedent in 2004 and 2010 County Commission
approvals, the City of Marco Island will be responsible for the cost of the sand
dredging and placement, and the County will be responsible for cost of the T-
.
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10/23/2012 Item 11 .C.
September 24,2012
New Business 7-a
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Collier County Tourist Development Council
Category"A" Grant Application Page 3
Big Marco/ Capri Pass Inlet Sand Bypassing and
Northern Marco Island Erosion Control Structures
groins. In order to reduce the County's cost sharing compared to the prior
projects, the City will also be responsible for the mobilization and demobilization
costs specific to the T-groins. That is, this request is specific to the materials and
installation costs for the three erosion control structures only.
Location: The activity is located along the City of Marco Island's northern beach
area adjacent to the Big Marco River and Gulf of Mexico, Marco Island, Collier
County, Sections 5, 6,and 7, Township 52S,Range 26E,Class III Waters.
5. Estimated project start date: Winter 2012-2013
6. Estimated project duration:4-5 months
7. Total TDC Tax Funds Requested: $ 925,000
8. If the full amount requested cannot be awarded,can the program/project
be restructured to accommodate a smaller award?
Yes (X) No ( )
PROJECT BUDGET
PROGRAM ELEMENT AMOUNT
TDC Funds Requested $ 925,000
City/Taxiag District Share $ 1,425,000
State of Florida Share $
Federal Share $
TOTAL $ 2,350,000
PROJECT EXPENSES:
(Engineering,Mobilization,Contractor,Monitoring etc)
Engineering $ 250,000
Sand Bypass Dredging(incl Mob/Demob) $ 1,175,000
Erosion Control Structures $ 925,000
TOTAL $ 2,350,000
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10/23/2012 Item 11 .C.
September 24,2012
New Business 7-a
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Collier County Tourist Development Council
Category"A"Grant Application Page 4
Big Marco/ Capri Pass Inlet Sand Bvpassine and
Northern Marco Island Erosion Control Structures
I have read the Tourist Development Category "A" Beach Funding Policy covering
beach renourishment and pass maintenance and agree that my organization will
comply with all guidelines and criteria.
Signature of Sponsor Organization's Chief Official I ate
Wbth Miror MOIO*. i IVat '. ..I ,a`t '. ? L r
DwovnLO a COWER course.
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Figure 1. Marco Island North Beach Historic Shoreline Change Rates.
Table 1.Marco Island North Beach Annualized Shoreline_Changes.
Jul-90— Oct-97— I Dec-05— Jul-90—
Survey Oct-97 I Dec-05 I Dec-11 I Aug-11
Line
Shoreline Change Rate at MHW(ft/year)
H-12 -3.8 6.1 -18.5 -3.9
H-13 -7.1 0.8 -12.4 -5.5
H-14 -3.2 2.3 -7.1 -2.1
Average I -4.7 3.1 -12.7 -3.8
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New Business 7-a 10/23/2012 Item 11 .C.
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EXHIBIT A
•
y.
Photo 1: View from upland residence looking north
Photo 2: View from escarpment at toe of dune looking northwest
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Sep ,2012
New Business tember 24 7-a
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•
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•Photo 3:View from escarpment at toe ofdune looking northeast
,�d� frt, �ry
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Photo 4: View from mangrove fringe looking west
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September 24,2012
New Business 7-a
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RESOLUTION NO. 12-15
A RESOLUTION OF THE CITY OF MARCO ISLAND, FLORIDA DECLARING
AN EMERGENCY FOR A CRITICALLY ERODED BEACH WITHIN THE
BOUNDARIES OF THE HIDEAWAY BEACH DISTRICT WHICH REQUIRES
EMERGENCY CONSTRUCTION OF THREE EROSION CONTROL
STRUCTURES AND MAKING FINDINGS TO SUPPORT THE PUBLIC
PURPOSE OF THE CONSTRUCTION OF THE EROSION CONTROL
STRUCTURES IN THE CITY OF MARCO ISLAND, FLORIDA; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the area of the City of Marco Island's northern beach located within
the Hideaway Beach District in the vicinity of Florida Department of Environmental
Protection (FDEP) monuments H-13 to H-14 has suffered severe beach erosion; and
WHEREAS, the City of Marco Island, Florida finds that the Hideaway Beach
District has experienced severe beach erosion which requires emergency construction
of erosion control structures to control erosion loss of the beach in the vicinity of FDEP
monuments H-13 and H-14; and
WHEREAS, condominium units located within the District at 6000 Royal Marco
Way abut the eroding beach between FDEP monuments H-13 to H-14 and are
threatened by the continuing erosion; and
WHEREAS, the City and the District have retained Coastal Engineering
Consultants, Inc. to seek FDEP permits for emergency construction of the erosion
control structures.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Marco
Island, Florida, that:
SECTION 1. The area of the City's and the District's northern beach in the
vicinity of FDEP monuments H-13 to H-14 fronting Royal Marco Way Building 6000 has
experienced significant beach erosion.
SECTION 2. The emergency construction of three erosion control structures as
proposed by Coastal Engineering Consultants, Inc. (CEC) is a viable solution to the
erosion.
SECTION 3. The City Council of the City of Marco Island declares an emergency
and directs and authorizes the City Manager or his designee to support and assist the
District in obtaining governmental approvals for the erosion control structures and the
City will assist the District with application on behalf of the District to the Collier County •
Coastal Advisory Committee; the Collier County Tourist Development Council and the
Collier County Board of County Commissioners for Emergency Tourist Development
Funds required for the construction of the erosion control structures.
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September 24,2012
New Business 7-a
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SECTION 5. EFFECTIVE DATE. This Resolution shall take effect immediately .
upon its adoption.
DULY PASSED AND ADOPTED in open and regular session by the City of
Marco Island, Florida,this 7th day of May, 2012
ATTEST CITY OF M: " lirISLAND, FLORIDA
By ):‘_ _ /2
Laura Litzan, City erk
Larry , Chai ,`
Approved as to Form and
Legal sufficiency:
.,
Burt L. Saunders, City Attorney
•
2
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10/23/2012 Item 11.C.
Agenda Item No. 16F1
October 25,2005
Page 3 of 7
Proposed Changes
9-8-05
TOURIST DEVELOPMENT CATEGORY "A"FUNDING POLICY
1. Use of T D C CateQOry "4"funds. ". "
ie4- To finance beach ark facilities or beach • im rovement maintenance
renourishment restoration and erosion control includin ass and inlet maintenance
shoreline rotection enhancement cleanup or restoration of inland lakes and rivers to
which there is •ublic access as these relate to the I h sical $reservation of the beach
shoreline or inland lake or river. Code of Ordinances Division 3. Sec. 126-83.
2. Source of other funds Federal or State funds are desirable and should be diligently pursued.
3. Mandatory annual budget allocation of funds and maintenance of reserves.
a. Catastrophe reserves shall be accumulated in the budget with $1M in 2004 plus
$0.5M per year thereafter (up to a maximum of$10M). In the event of a catastrophe
requiring the expenditure of all or part of these reserves, $0.5M will continue to be set
aside.
c. b. Major renourishment reserves shall be accumulated in the budget with $2M per
year after the completion of the major renourishment project currently in planning
and permitting (as of Nevembe September 2005; projected to start setting
aside funds in FY 2006 2007).
d. c_Beach park facilities (including beach access property acquisition) shall be funded
an amount equal to - :: • _: annually in
one-third of the TDC Category "A"
revenues.
e. d. Remaining funds may be used for eligible grant applications as outlined in the
policy below.
4. Eligibility. Eligible beach areas qualify for Category "A" funding. An "eligible beach area"
has- is:
and - - : ; • - Accessible to the ublic
Exhibit A -
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Agenda Item No. 16F1
October 25,2005
Page 4 of 7
b. No more than one-half mile from a public beach park facility, public access point,
hotel, or motel _ • . •
.. _ . • . -. -- : . - . - . = = --, - : .: -• and if at
least 80% of a beach area is classified as eligible, otherwise ineligible gaps will be deemed
eligible.
• .•- . _ .
.. : - - - .. : •
- . - _ : 2 .
. :." • - -. •.. . - __. .
• "-. . . -_
b. An eligible high use beach area qualifies for full rcaourishmnont, meaning additional
c. Additional Category "A" funding may be provided for eligible law use beach areas for•
• . . _ - . . . - - - - - = - --- - -' :.0.•
5. Ineligible beach areas:
a Beach areas not meeting the criteria for eligibility of paragraph 4. above, are not
eligible for Category "A" funding. Renourisment or maintenance of these beach
areas are the responsibility of adjacent property owners.
b. An area of an ineligible beach that is subject to high erosion, with the
recommendation of the Coastal Advisory Committee and determination by the
Board of County Commissioners that it is in the public interest, may have erosion
control structures installed,with Category "A" funding.
;-• 6. Inlet Sand Bypassng. The bypassing of sand across inlets may be funded by Tourist
Development Tax Category "A" funding provided the Inlet Management Plan recommends the
bypassing : -: -- : • :- . .-=: = . _ = - •=---., the dredging of the pass or inlet is
recommended by the Coastal Advisory Committee, meets the inlet funding policy criteria
and is approved by the Board of County Commissioners as being in the public interest. No
TDC Category"A" funding will be approved for dredging non-beach compatible material except
when encountered during an approved realignment or modification to an existing
approved pass/inlet dredging project and then only when recommended by the Coastal
Advisory Committee, Tourist Development Council and approved by the Board of County
Exhibit A
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Agenda Item No. 16F1
October 25,2005
Page 5of7
9
Commissioners as being in the ub is interest. '_---•
a;
S- 7. Shore protection structures and project sponsorship. Projects, including construction and
maintenance of shore protection structures (groins,jetties, breakwaters, etc.), may be funded by
Category"A" funding for eligible beaches. However, `ownership' responsibilities must rest with
an entity other than "Tourist Development Taxes" — i.e. there must be a project sponsor (private
interests, taxing districts, municipalities or County Departments other than those funded with
Tourist Development Taxes).
.9-8. Grant Application Review. The Coastal Advisory Committee and the Parks and Recreation
Advisory Board will prepare and maintain a proposed prioritized annual spending plan for the
use of Tourist Development Tax Category "A" funds, with a ten year projection. The proposed
plans will be submitted to the Board of County Commissioners (BCC) for their consideration and
approval, via the TDC. These submissions will coincide with the annual Collier County budget
cycle. The Coastal Advisory Committee will review all requests for Tourist Development Tax
Category "A" funds, with the exception of County maintained beach park facilities that will be
handled by the Parks and Recreation Advisory Board. Both advisory boards will make
recommendations for approval, denial or modification to the BCC,via the TDC, consistent with
the BCC established policy for use of these funds.
•
Exhibit A
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10/23/2012 Item 11 .C.
BrockMaryJo
From: Dr. James Riviere[DrJRiviere@cityofmarcoisland.com]
Sent: Wednesday, October 10,2012 11:41 AM
To: Ochs Leo
Subject: Hideaway Beach TDC Funding
Dear Leo,
Please schedule the subject issue for the 10/23/12 BCC meeting.Hideaway needs to work from a solid financial base and
hopefully the issues will be resolved at that meeting.
Cheers
JR
re;orci- )r. 1-14.1r v.an- re
“ryz e•Tvtr, 'Jr! Onone
1
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10/23/2012 Item 11.C.
• OFFICE OF THE COUNTY ATTORNEY
MEMORANDUM
DATE: April 28,2008
TO: Coastal Advisory Committee Members
Gary McAlpin,Director, Coastal Zone Management
FROM: Colleen M. Greene,Assistant County Attorney C,01E
SUBJECT: Hideaway Beach Erosion Control
At the Coastal Advisory Committee meeting on April 10, 2008, the Committee was asked to
make a recommendation regarding funding erosion control at Hideaway Beach in the City of
Marco Island, Several issues were raised including whether it is appropriate to fund this erosion
control project with tourist development tax funds. In summary, the Committee may recommend
that this erosion control project be funded with tourist development tax funds if certain findings
are established.
• Authorization of Tourist Development Tax Funds
ds
Section 125.0104, Fla. Stat., provides authorized uses of revenue which include to "finance
beach park facilities or beach improvement, maintenance, renourishment, restoration, and
erosion control, including shoreline protection, enhancement, cleanup, or restoration of inland
lakes and rivers•to which there is public access as those uses relate to the physical preservation of
the beach, shoreline, or inland lake or river." § 125.0104(5)(a)4,Fla. Stat.
Collier County Ordinance No. 92-60, as amended, also provides the authority to fund erosion
control with Category"A"funding.
The Tourist Development Category "A" Funding Policy (approved 11/01/05) provides a policy
for the legal use of Category "A" Funding. Both eligible and ineligible beach areas are
considered.
Section Four defines eligible beaches as those accessible to the public and not more than one half
mile from a beach park facility.
Section Five provides a standard for funding ineligible beach areas. Section 5(b) provides that
"an area of ineligible beach that is subject to high erosion, with the recommendation of the CAC
and determination by the BCC as being in the public interest, may have erosion control structures
installed with Category "A"funding."
Adak
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•
• Hideaway Beach
Page 2 of 3
Based on the above areas of law, the CAC may make certain findings to authorize the
expenditure of tourist development tax funds for erosion control structures. The CAC must
make findings that Hideaway Beach is an area subject to high erosion and that erosion control
structures or "T-groins" are the appropriate solution for erosion control. A finding of public
access, required by Section Four, is not required by Section Five for "ineligible beach areas."
Further, pursuant to the plain language of Section Five, the CAC need not make a finding
regarding public interest.
Once the CAC makes its findings, favorable or not, the CAC may forward its recommendations
to the BCC. To authorize the expenditure of tourist development tax funds, the BCC must make
a determination that funding these erosion control structures is in the public interest.
Accessibility
As discussed above,the CAC need not specifically find that Hideaway Beach is accessible to the
public for this expenditure. For future reference please note that the issue of public access has
not been specifically defined in case law in terms of interpreting § 125.0104, Fla. Stat. However
the Coastal Zone Management Department has followed the Florida Department of
Environmental Protection standards to define accessibility. Generally speaking, the FDEP will
only fund projects or participate in cost-sharing for beaches that are accessible to the public.
FDEP Beach Access is defined in the Florida Administrative Code as follows:
(11) "Public Beach Access" is an entry zone adjacent to a sandy beach under public
ownership or control which is specifically used for providing access to the beach for the
general public. The access must be signed, maintained and clearly visible from the adjacent
roadway.The types of public beach access sites are:
(a) "Primary Beach Access" is a site with at least 100 public parking spaces and
public restrooms.
(b) "Secondary Beach Access" is a site that may have parking and amenities, but
does not qualify as a primary beach access.
Although Hideaway Beach is not easily accessible to the public, and does not meet the FDEP
standard, the public may gain access to the beach by walking from the public access point at
Tigertail Beach or by boat.
Hideaway Beach District
The Hideaway Beach District ("District") was created by City of Marco Island Ordinance No.
04-05. The ordinance provides that the District "shall have all powers as authorized by law, to
effectuate its purpose to improve, renourish, preserve, maintain, monitor and provide public
access to the beach property located within the boundaries of the district, and such other
improvements and appurtenances within the district as may be necessary for the improvement,
renourishment, preservation, maintenance, monitoring and providing access to such beach
lands."
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Hideaway Beach
Page 3 of 3
On April 8, 2008, a member of the
District appeared before the CAC to request the use of tourist
development tax funds. This person represented that he was authorized by his board to make this
request on behalf of the District. Pursuant to ordinance it appears that the District may lawfully
request the use of tourist development tax funds. Notwithstanding the District's ordinance, any
member of the public may appear before the Coastal Advisory Committee and request the use of
tourist development tax funds.
Public Interest
Finally, the BCC must make a finding that funding this erosion control project is in the public
interest. The Hideaway Beach representative and the engineers, Humiston & Moore, presented
their opinions that the erosion control structures will protect the coastline. The coastline adjacent
to Hideaway Beach, including Tigertail Beach, will also benefit from the structures and protect
the beach system. This erosion control project may provide an incidental benefit to private
property owners; however it is undisputed that County beaches ultimately promote tourism
There was further discussion that the structures may also protect a private road, and more
information on this issue may be needed, however as discussed above an incidental benefit to
private property owners, may be found to be in the public interest.
cc: Heidi Ashton-Cicko, Assistant County Attorney
Jeffrey A. Klatzkow, County Attorney
2005-001/10
•
Packet Page-158-
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10/23/2012 Item 11 .C.
Attachment G
TDC Beach Renouristiment Capital Fund(195)
Pro-forma analysis
Assumes set aside of de-obligated FEMA funds,a 1
($2M DEP reimbursement set aside,the addition of a
5650,000 truck haul renourishment in FY 13 and a 1
�enourishment funds of S1 50001000.,.,,_..3 9/12/2012
TDC Beach Renourish 195 Capital FY 2013 FY 2013 FY 2014:
Pro)ect Budget Pro Forma Pro Forma PrG:Forma
Line No Description
1 800.000
2 70004 Doctors Pass Dredging 15.000.000
3 800B6 Collier Beech Design d Construction 490000 490000
4 80186 . .Marco Renourlah Design 100,000 100,000 40.000 40.000
5 80171 Beach Tilling 15,000 15,000
35.000
6 80203 Laser Grade Marro 35,000 35,000
7 80210. . Wiggins Pass Channel 1,700,000 1,700,000 -
B ,80211 .MI Beach Renounshment 3,000.000 3.000,000 •
-
9 ,89030 North Truth Haul Renaunsnment • + 650.000
10 90020 TDC Beech Proiect Admin-FEMA Recovery 100,000
125.000
11 90033- 'Biological Monitoring - 75.000 25.000
12 90044 .Vegatatwn Repairs-Exotic Removal 75.000 75.000
450.000-
13 90060. Clam Pass Ebb Tide Study �.� 62400 84,900
14 90096 Naples Pier Maintenance 80,000 , 84,900
15 90522 • -Wiggins Pass Drabgng-Channel Engineering - 79.200 50.600
16 90527 - Beach Cleaning-Naples 76,900 76,900
109,600 109,600 112,900 116,300
17 90533 Beach Cleaning-County/Mann
18 90538 City/County Monitoring 200,000 200,000 206.000 212,200
19 C Sub Total Proleara _ __ - -- 5.881,500 6631.5010 . 15,590.500 2.070000._•
20 Reserves for Contingency 695,800 - -
5500,000 .. - 500.000
21 Cap-Reserve tar Catastrophe -
22 Cap-Reserve for Pier 79,000 - -
- - 1.234.900
23 Cap-Reserves for Futue Beach renotm 14,000,000 enment -
24 Cap-Reserve Unrestricted 225,800 - - -
25 Reserves-DEP 4,900,000 2,000,000
26 Resery-FEMA De-odlgation - 11.200.000
. 25,400,600 13,200, ,:_ 1,734,'900:
27 Sub Total Resents T9195) • - _.. 166.500
28 Trans to 001 Beach Turtle Moretonng 180.000 160,000 163.200
29 TrartS to 184 Interest Redirection
150.000 150,000 150.000 25.000
30 Trans to 185 Protect Management&Moan 647,100
647.100 647.100 647.100
31 Trans 10 710 Grant Related
120-200 124,700 124.700 124,700
32 Trans Tax Cos Revenue Collection Expense 1;085,000 -
33 SOS Tote/Trartstsrs 1,077.300 1,061900
34 Fund Total-ExpanfdWros 32,359:400.. 20,91'3,100 •16,680;500_ `4:768;200
35
36
37 TDC Revenue(2(3 Category A) 4.809.000 4,968.300 4,988,300 4.088,300
38 Reimbursements General
39 Remo FOEP for MI Renourishment 1.000,000 1.000.000 -
-
TBD
40 Restore Ad Panels - - - TBD -
41 DEP Cost Share 150,000 25,000
42 interest 150, 00 150,000
43 Carry Fonvam 26,698,300 28877.600 11.804 700 5,600
(297.900) (297,900) (256,900) (250,700)
44 Fund id T.Reserve ..
45 Fund ToMd-flevera>os ' ' 32,359;400 32,719.000 .16i6D6.100: :4:786:200.
46 . �' -11.804;700 51600E
47 Fund Broanoe(Carry Forward - 1 -
H'tBttdget Fibs Fr'131Budget Booa\TDC1FUnd 1951Fund 195 August 2012 Protections(edenn v1)
Packet Page-159-