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Agenda 12/11/2012 Item #10 M12/11/2012 Item 10.M. ir- C110 t.r�. 'P Board of Collier County Commissioners Donna Fiala Georgia A. Hiller, Esq. Tom Henning Fred W. Coyle Jim Colette District 1 District 2 District 3 District 4 District 5 MEMORANDUM Date: November 10 2012 To: County Manager Ochs From: Commissioner Henning, District 3 Re: Reconsideration Hideaway Please place on the December 11 to BCC agenda Item 11 -C This item to be heard at 11:00 a.m. Recommendation to consider an out - ofcycle 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. Estimated fiscal impact: $925,000. Pending outcome of Recommendation for the Board to make a finding, on how Roberts Rule of Order applies Ordinance 75-16 as amended cc: 3299 Tarniami Trail East, Suite 303 - Naples. Florida 34112 - 5746.239- 252 -8097 • FAX 239 - 252 -3602 Packet Page -747- 12/11/2012 Item 10.M. COLLIER COUNTY Board of County Commissioners Item Number: 10.M. Item Summary: Request for reconsideration by Commissioner Henning of Item 11C from the November 13, 2012 BCC Meeting titled: 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. Meeting Date: 12/11/2012 Prepared By Name: BrockMaryJo Title: Executive Secretary to County Manager, CMO 11/15/2012 11:23:18 AM Submitted by Title: Executive Secretary to County Manager, CMO Name: BrockMaryJo 11/15/2012 11:23:20 AM Approved By Name: SheffieldMichael Title: Manager- Business Operations, CMO Date: 11/29/2012 9:22:03 AM Packet Page -748- 12/11/2012 Item 10.M. 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 I IC. (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. Packet Page -139- Packet Page -749- 12/11/2012 Item 10. M. 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 11101105) 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." 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 Packet Page -140- Packet Page -750- 12/11/2012 Item 10. M. September 24, 2012 New Business 7 -a City ®f Marco fsolan.a 4-, 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, '1rn€tlh' I?' ter, P.E. Public Wor s Director City of Marco Island FILE soar 50 Bald F-sle Drive, Marce Island, Florida 34145 (911) 389 -5000 FAX (941) 399 -4359 Packet Page -143- Packet Page -751- 12/11/2012 Item 10.M. September 24, 2012 New Business 7 -a 2of9 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Rig Marano / Canri Pass Inlet Sand B-massinn and N, arthern Mamg Idjnd Erosion Qntrol - Structures (Project Titic) 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: Tnnothy E. Pinter, P.E. Address: 50 Bald Eagle Drive City: NWQ Is ST: Fa ZIP: 34145 Phone: 239 -3_89 -50.15 FAX:9 39 -459. 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 infrastzucture 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 prchra wary design, and is currently processing permits through the FDEP and USACE for installation of three erosion control structures (T- groins) Packet Page -144- Packet Page -752- 12/11/2012 Item 10.M. September 24, 2012 New Business 7-a 3 of 9 Collier County Tourist Development Council Category "A" Grant Application Page 2 Big Marco / Cann Pass Inlet Sand Bvnaaaine and Noghern Marco bl-mW Erosion Control Struetures . 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 Chnnel 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- Packet Page -145- Packet Page -753- 12/11/2012 Item 10.M.. September 24, 2012 New Business 7 -a 4of9 Collier County Tourist Development Council Category "A" Grant Application Page 3 Big Marco / Capri Pass Inlet Sand BvoWing and_ Northern Marco Island Erosion Control Strictures 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: Wfnter..2012- 2013.: 6. Estimated project duration: 4-5 mo 7. Total TDC Tax Funds Requested: $ 925.000 8. If the full amount requested cannot be awarded, can the progmm/projeet be restructured to accommodate a smaller award? Yes (X) No ( ) TDC Funds Requested CitylTaxiog District Share State of Florida Sirare Federal Share TOTAL AA„MQ $ 925,0000 $ 1,425,000_ $ 2.350.000 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) E_gWneerin _ $ 25.0.000 Sand Bynass_Dredging (incl Mob/D-emob) $ 1. 175A00 Erosion Control Structures 925,000 TOTAL $ -- 2,350.0 00 Packet Page -146- Packet Page -754- 12/11/2012 Item 10.M. September 24, 2012 New Business 7 -a 5of9 Collier County Tourist Development Council Category "A" Grant Application Page 4 Big Marco / Capri Pass Inlet Sand Bypassing 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 a� P"00 W =up 009W "in SOH. lama rno -1W MQW wtVM 1"Y - 2M CVA*K RNA MM 9MS - 70N OMrt[ ta{St (R/W low - 2"1 awm mg film Figure 1. Marco Island North Beach Historic Tal,ip i Marwn leland Nav4h Vl"rh Annnali�prl ihnrpline 1' snvji�m_ Survey Line Jul -90 — Oct -97 — - Oct -97 De"5 I3ec -05 - Dec -11 3u1 -90 — A -11 Shoreline Change Rate at MHW 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 4.7 3.1 -12.7 -3.8 Packet Page -147- Packet Page -755- 12/11/2012 Item 10. M. September 24, 2012 New Business 7-a 6of9 EXH. IBIT A Packet Page -148- Packet Page -756- .. -... y a �. ,,: � 1 _ ... ..L ..; ._ ' F� t ?�;: �` _�� -vas F-..- �, e ` � ; i �� i �','', `. �r'p.; �`N' '"T a, t - _ - ,'_ _ - C- . *c 4 �' �� 6"�F..� r .[�i4 i.�3S �1 ... ':G � ��?ti�},: � 4 �G.l - �����'43iiE.x�.� "i i'Cc�wS 12/11/2012 Item 10. M. September 24, 2042 New Business 7-a 8Of9 RESOLUTION NO. 12-16 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. t:: Packet Page -150- Packet Page -758- 12/11/2012 Item 10.M. September 24, 2012 New Business 7 -a 9Of9 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 76' day of May, 2012 Approved as to Form and Legal sufficiency: Hurt L. Saunders, City Attorney CITY OF ISLAND, FLORIDA By;. Larry°: ' ' , havv Packet Page -151- Packet Page -759- 2 12/11/2012 Item 10.M. Agenda Item No. 11 &1 October 25, 2005 Page 3 of 7 Proposed Changes 9 -8 -05 TOURIST DEVELOPMENT CATEGORY "A" FUNDING POLICY 1. Use of TDC Cateeory "A " funds. rte:" esquisition- To finance beach .nark facilities or beach im-Provement. maint_ eeance. renourishment, restoration and erosion control. including Pass and inlet maintenance. shoreline Protection. enhancement. cleanup. or restoration of inland lakes and rivers to which there is Public access, as these relate to the Physical preservation of the beach., shoreline or ittland lake or river. (Code of Ordinances. Division 3. Sec..126 -83.1 2. Source ofotherfunds. Federal or State funds arc 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. 2905, these sests shall be sest Shand (if appliftble). rveewgefy "A" fimds at c. D_ 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 NevembeF 2 Seatember 2005; projected to start setting aside funds in FY 2006 2007). d. c. Beach park facilities (including beach access property acquisition) shall be funded annually in an amount equal to the personage ehoW 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" hes- is: and a. Accessible to the public, Packet Page -152- Packet Page -760- Exhibit A 12/11/2012 Item 10. M. Agenda Item No. 16F1 October 25, 2005 Page 4 of 7 b. No more than one -half chile from a public beach park facility, public access point, hotel, Q motel and if at least 800/6 of a beach area is classified as eligible, otherwise ineligible gaps will be deemed eligible. a. "High use" is an eliole -beseh am within are 1--afff Mil -a ef ft hate!, metal, desipated " is aft eligible beash me Sumid-S t-he Jimits for. high use, pffivided t-h-es- -if Sat • .W „ fiinding based en use. needed. Aiding maimename, meRitering and testing an a pwiedie basis as I IS .1-d-11 _81 er-ether-pabliepwFpeae. S. IneUdble 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 resg,_nsibility of adincent. erQperty owners. b. An area of an. ineligible beach that is subiect to high erosion, with the Le commendation of the Coastal Advisory Committee and determination by the Board of Coonty Commissioners that it is in the public interest, may have erosion control structures installed, with Category "A" fundine. -7 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 and the sand will be piseed en an eligible beeeh. , the dredging of the .Hass 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 seine 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 existine approved neaftlet dredging nroiect and then only when recommended by the Coastal Advisory Committee. Tourist Development Council and approved by the Board of County Exhibit A Packet Page -153- Packet Page -761- 12/11/2012 Item 10.M. Agenda Item No. 16F1 October 25, 2005 Page 5 of 7 Commissioners as being in the Public interest. 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 Packet Page -154- Packet Page -762- 12/11/2012 Item 10.M. BrockMaryJo From: Dr. James Riviera (DrJRkiereQdtyoftnarooisland.oDm] Sent: Wednesday, October 10, 201211:41 AM To: OchsLeo Subject: Hideaway Beach TOG 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 i R -Ior T trai , r. verv- 6rc.la,4 Orf �.' W knw f.. ate PuNic record-t-, itilou an ,not lwaest Voeir ernai! ae"dr—, rehased ie7 re,;pOnse 7:, Mol/ to tpir ert;ty' histt'aa' cvntof- �-'7ffive bv;jhone "-win wrainp. Packet Page -155 - Packet Page -763- 12/11/2012 Item 10.M. u//-3iw i Z item .I _i .U. OFFICE OF TBE 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 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. IAuthorization of Tourist Development Tax Funds .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 then 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 11101105) 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 finding 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." Packet Page -156- Packet Page -764- • 0 • ffideaway Beach Page 2 of 3 12/11/2012 Item 10.M. 1 UlLJlLU I L tLCl11 I l .V. a/fAl�e' 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 stnrctures 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 restmoms. . (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. .FIideaway 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 im prove, renourish, preserve, maintain, monitor and provide public access to the beach property located within the boundari es 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." Packet Page -157- Packet Page -765- 12/11/2012 Item 10.M. '1 UlL3 /LU 1 L Rem I 1.U. . t hideaway Brach 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 Comrmttee and request the use of tourist development tax funds. Public Interest Finally, the BCC must make a finding that funding this erosion control pro ject 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 0005 - 001!10 • Packet Page -158- Packet Page -766- MC BoWh RMfot+MrrrMrR CW MI FurM (IM -- "My" _ __��,�, i mss aet slide of dsoEfipaMd FENA lands, a eM M ( Mp reirb� rolow M aaide, the sdili ton of a 1 IS650,000 bud* heal refto*trWumnt in" 13 and a 1 4 fiW-4LMMIMIi9i000. -- J 12/11/2012 Item 10. M. 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A00 65, 45 L60M TddASrM M : 7t'J69A00 02 7s 46 47 M1BUppat F#q 1ry 19tBUtlpn BoarrlTtxlFUnO t1b1FuM t% WIpIYI 4At2 PfriJaUlOIM 1�•n vtt Packet Page -159- Packet Page -767-