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Agenda 12/11/2018 Item #16A 612/11/2018 EXECUTIVE SUMMARY Recommendation to approve a standard Temporary Construction Easement for Beach Renourishment and to remove the requirement for dune plantings from the Temporary Construction Easement for Beach Renourishment for the Marco Island Central B each Regrade project and make a finding that this item promotes tourism. OBJECTIVE: To approve the standard Temporary Construction Easement for Beach Renourishment and to remove the requirement for dune plantings from the Temporary Construction Easement for the Marco Island Central Beach Regrade project. CONSIDERATIONS: At the October 1, 2018, Marco Island Council Meeting, the Marco Island Central Beach Regrade project was discussed and the City Council requested that the County remove the requirement for dune plantings from the Temporary Construction Easement. Temporary Construction Easements for Beach Renourishment have been historically difficult to obtain in Collier County due to concerns over property rights, plantings, and visibility of the beach. The County policy is to require Property Owners to authorize the Temporary Construction Easement and if an easement is not executed then no sand is placed on that property during beach renourishment. This policy results in shoreline gaps if property owners are unwilling to sign the Temporary Construction Easement. These gaps under-mind the integrity of the renourishment project. The Marco Island Central Regrade project’s main objective is to re-slope the beach to create positive drainage and not beach renourishment. In the past, residents of Marco Island have been most concerned that the dune plantings disrupt their ability to view the Gulf from their lanais. Marco beaches are considerably different than Naples beaches where dunes and dune plantings are critical. Additionally, dunes and plantings on Marco will be discussed in great detail in the County’s upcoming Resiliency Program. Staff’s position is while dune plantings are normally critical, they can be removed as a requirement from this project. Their removal will speed up our ability to obtain the Temporary Construction Easement. On October 15, 2018, the Marco City Council voted unanimously to remove the dune plantings from the approved Temporary Construction Easement language FISCAL IMPACT: Funding is available for administrative fees related to the easement in Fund 195 Project 90062. Grant reimbursement is not anticipated for these expenses. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. ADVISORY COMMITTEE RECOMMENDATIONS: At the October 25, 2018, Coastal Advisory Committee meeting this item was recommended for approval by a unanimous vote of 8 to 0. At the November 26, 2018 Tourist Development Council meeting this item was recommendation for approval by a unanimous vote of 9 to 0. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. - CMG RECOMMENDATION: To approve standard Temporary Construction Easement and to remove the requirement for dune plantings from the Temporary Construction Easement for the Marco Island 16.A.6 Packet Pg. 990 12/11/2018 Central Beach Regrade project, and make a finding that this activity promotes tourism. Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees and Program Management Division ATTACHMENT(S) 1. Backup Marco Island Central Beach Regrade (PDF) 2. Marco Letter (PDF) 3. Temp Beach Restoratin Easement (PDF) 16.A.6 Packet Pg. 991 12/11/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.6 Doc ID: 7135 Item Summary: Recommendation to approve a standard Temporary Construction Easement for Beach Renourishment and to remove the requirement for dune plantings from the Temporary Construction Easement for Beach Renourishment for the Marco Island Central Beach Regrade project and make a finding that this item promotes tourism. Meeting Date: 12/11/2018 Prepared by: Title: Accountant – Capital Project Planning, Impact Fees, and Program Management Name: Gail Hambright 10/26/2018 3:10 PM Submitted by: Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program Management Name: Amy Patterson 10/26/2018 3:10 PM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 10/29/2018 4:19 PM Zoning Gary McAlpin Additional Reviewer Completed 10/30/2018 1:29 PM Growth Management Operations Support Heather Meyer Additional Reviewer Completed 10/31/2018 9:47 AM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 11/05/2018 11:36 AM Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 11/09/2018 2:16 PM Growth Management Department Gail Hambright Deputy Department Head Review Skipped 10/23/2018 2:59 PM Grants Natali Betancur Level 2 Grants Review Completed 11/09/2018 3:11 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 11/15/2018 12:40 PM County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 11/27/2018 9:12 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/27/2018 9:19 AM Budget and Management Office Ed Finn Additional Reviewer Completed 11/27/2018 10:24 AM County Attorney's Office Emily Pepin CAO Preview Completed 11/27/2018 11:52 AM Grants Therese Stanley Additional Reviewer Completed 11/29/2018 10:31 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/03/2018 9:05 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/03/2018 9:15 AM 16.A.6 Packet Pg. 992 12/11/2018 Board of County Commissioners MaryJo Brock Meeting Pending 12/11/2018 9:00 AM 16.A.6 Packet Pg. 993 Marco Island Central Beach Regrade Background • 5,840 feet of Beach regrading broken into two options. Sand mined from the intertidal zone of the coast. • All permits in place from FDEP and the USACE. Bid package issued within two weeks. • Construction window available from 11/1 to 5/1 • Option A from Sand Dollar Island to the south end of MICA property (approx. 155,000 CY’s). Option B is from the southern end of MICA property to the northern end of the Marriott (approx. 20,000 CY’s) • Construction of Option B will require temporary construction easements from Upland Property owners. Easements allow access to the property, dune plantings and dune/beach maintenance. • Easements historically difficult to obtain. Property owners concerns over property rights, plantings, visibility of beach and distrust of government. o County policy has been no easements then no sand. o Can’t have gaps in regrading Plan and male the design work o Can’t begin discussion with Condo associations till residents return in January which cuts into construction time. o Biggest issue is with plantings that block Gulf views. What’s needed • Marco Island beaches different from northern part of the County. Beaches are very wide, and an upcoming beach Resiliency program will address storm surge protection through stronger dune systems on Marco Island. • Marco City Council to request that dune plantings be removed from the approved Temporary Construction language for this project. If approved by the County Commissioners, this would eliminate the major property owner impediment to regrading. • Marco Staff work with County staff to conduct meetings and obtain easements from the 6 condo associations required to obtain easements. 16.A.6.a Packet Pg. 994 Attachment: Backup Marco Island Central Beach Regrade (7135 : Dune Plantings Removal) 16.A.6.b Packet Pg. 995 Attachment: Marco Letter (7135 : Dune Plantings Removal) 16.A.6.c Packet Pg. 996 Attachment: Temp Beach Restoratin Easement (7135 : Dune Plantings Removal) 16.A.6.c Packet Pg. 997 Attachment: Temp Beach Restoratin Easement (7135 : Dune Plantings Removal) 16.A.6.c Packet Pg. 998 Attachment: Temp Beach Restoratin Easement (7135 : Dune Plantings Removal)