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CAC Minutes 04/10/2008 R April 10, 2008 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, April 10, 2008 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 I :00 P.M. in REGULAR SESSION at Administrative Building "F", 3rd Floor, Collier County Government Complex Naples, Florida with the following members present: CHAIRMAN: John Sorey, III VICE CHAIRMAN: Paul Sullivan Murray Hendel Heidi Kulpa Anthony Pires Jim Burke (Excused) David Buser Ted Forcht Victor Rios ALSO PRESENT: Gary McAlpin, Coastal Zone Management Director Colleen Greene, Assistant County Attorney Gail Hambright, Tourist Tax Coordinator Dr. Michael Bauer, City of Naples Natural Resources Manager Collier County: April 10, 2008 Page I of2 April 10, 2008 MEETING AGENDA 8< NOTICE MEETING AGENDA &. NOTICE COASTAL ADVISORY COMMITTEE (CAe) THURSDAY, APRIL 10, 2008 - 1:00 P.M. W. HARMON TURNER BUILDING (Administrative Building F, 3rd Floor Collier County Government Center, 3301 E. Tamiami Trail, Naples) I. Call to Order II. Pledge of Allegiance III. Roll Call IV. Changes and Approval of Agenda V. Public Comments VI. Approval of CAe Minutes 1. "'J!,<b 1:L-;!Jl!1l! VII. Staff Reports 1. Revenue ReDort - Garv-.M.~ 2. Proiect CostlieRQrt__- Garv McAIDin VIII. New Business 1. AlUU.-QJl"lQf GriI.IJ1Aoolications 2. AP-R~oJ ,Qn-Of Haoles GranLAme.ndm,ents IX. Old Business 1. Clam Bay Permit/Channel Marker Discussion X. Public Comments XI. Announcements 1. Jtecommended ADDointment t.Q,_t.ollier Countv Coastal Ad~J:Y---',Qmmittee XII. Committee Member Discussion XIII. Next Meeting Date/Location May 8, 2008 - Government Center, Administration Bldg. F, 3rd Floor XIV. Adjournment All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. For more information, please contact Gail D. Hambright at (239) 252-2966. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112, (239) 252-8380. Public comments will be limited to 5 minutes unless the Chairman grants permission for additional time. http://www.colliergov.net/index.aspx?page=2412 4/7/2008 April 10, 2008 I. Call to Order The meeting was called to order at 1 :00 PM by Chairman Sorey. II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call Roll Call was taken with a quorum established. IV. Changes and Approval of Agenda Mr. Hendel moved to approve the agenda subject to the following changes: VIII. New Business 1. Provision of a new summary sheet IX. Old Business I. Clam Bay Permit Channel Marker - Provision of an Executive Summary from the Pelican Bay Division 2. Addition of Wiggins Pass Modeling update Second by Mr. Sullivan. Carried unanimously 8-0. V. Public Comments None VI. Approval of CAC Minutes 1. March 13, 2008 Ms. Kulpa moved to approve the minutes of the March 13, 2008 meeting subject to the following changes: Page 3, item 4, paragraph 2, lineS "rack line" to "wrack line" Second by Mr. Rios. Carried unanimously 8-0. VII. Staff Reports 1. Revenue Report - Gary McAlpin The Committee reviewed the document entitled 'Tourist Tax Revenue Report FY 2007- 2008" dated April 10, 2008. 2. Project Cost Report - Gary McAlpin The Committee reviewed the document entitled "FY 2007/2008 TDC Category "A" Beach Maintenance Projects" dated April 10,2008. VIII. New Business 1. Approval of Grant Applications Gary McAlpin submitted the Executive Summary entitled "Share TDC Category "A" Grant Applications from the City of Naples, The City of Marco Island and Collier County for FY -08/09" for review and approval by the Committee. 2 April 10,2008 The Committee reviewed the items listed under #1, "Regulatory and Permit Compliance" Mr. Pires moved to recommend approval of the following grant requests: Sea Turtle Protections Program - Collier County - $191,200 Beach Tilling - Collier County - $40,000 Clam Pass Inlet Monitoring - $20,000 Doctors Pass Inlet Monitoring - Collier County $20,000 Caxambas Pass Inlet & Marco South Beach Monitoring-Collier County - $45,000 Wiggins Pass Inlet Monitoring - Collier County - $30,000 Hideaway Beach GroinlPhysical Monitor - Collier County $25,000 Physical Monitoring Collier County Beaches - $150,000 Biological Hardbottom and Artificial Reef Monitoring-Collier County - $350,000 Second by Mr. Rios. Carried unanimously 8-0. Under Doctors Pass Inlet Monitoring, it was noted that the Tourist Development Council should be notified per the Inter-local Agreement between Collier County and the City of Naples, that the cost of maintenance will continue to be borne by 195 funds. Gary McAlpin noted the item Keewaydin Island Beach Monitoring - City of Naples - $47,500 was provided by Dr. Michael Bauer. Gary McAlpin stated the beach is not publicly accessed and recommends non- approval of the item. Mr. Pires moved to recommend denial of the following grant request: Keewaydin Island Beach Monitoring - City of Naples - $47,500 Second by Mr. Rios. Carried unanimously 8-0. The Council reviewed the items listed under #2 "Planned Projects: " The Committee determined to review the following item first: Big Marco/Capri Pass Inlet Sand Bypassing and Completion of Northern Marco Island T-Groin Svstem - Citv of Marco Island - $1.600.000 Gary McAlpin stated that the Grant application was submitted jointly by the City of Marco Island and the Hideaway Beach Homeowners Association to fund 6 additional T -groins to protect the Beach from erosion similar to those installed in 2004. He noted that Staffrecommends non-funding of this item for the following reasons: . Big Marco Pass has no boat traffic, marine or navigational component to it. It is obsolete and a pass in name only . The southern portion of the Pass is essentially closed 3 April 10, 2008 . Hideaway Beach does not meet the Florida Department of Environmental Protection or Federal Emergency Management Association guidelines for public access. . The Board of County Commissioners authorized a "one time" expenditure of fund to provide erosion control structures. . The primary reason for beach re-nourishment is for the protection of upland property, the Board of County Commissioners have a precedent of funding erosion control structures and not beach re-nourishment. Mr. Pires noted at the time of the original request, access was a disputed issue. Further, the agreement in September of2004 did not to include the construction of the T-groins. Other portions of the project have been completed. He requested an explanation on how this application can be considered a "continuation of a project." Also, the focus of the request is to preserve the property not provide access to the area. Gary McAlpin stated that the T-groins are to protect the center of Hideaway Beach and questions whether the road in question is "in jeopardy" at this point in time. Mr. Forcht noted that there are 200 residential units that would be in landlocked should the road be washed out. Speakers Bruce Anderson of Roetzel and Andress addressed the Committee on behalf of the applicant. The applicant is requesting from the Tourist Development Council (TDC) $1.6M to place erosion control structures, to protect the northern beaches of the City. In conjunction with the proposal, the City of Marco Island will be required to pay $300,000 for engineering, $350,000 from mobilization and $1.25M for sand bypass dredging. The application is not for beach re- nourishment utilizing TDC funds, but for erosion control once the beach is re- nourished. Under the Grant guidelines, public access requirements fall under expenditures for "beach re-nourishment," not erosion control structures. It is in compliance with TDC Category "A" funding policies which states "a beach which is ineligible for beach re-nourishment which is subject high erosion may have erosion control structures installed with category "A" funding upon a recommendation from the CAC and TDC and determination by the BCC that it is in the public interest. The request meets the approval guidelines of the Committee citing compliance with # I, #3, #4 and #70f the "Evaluation/Approval Guidelines for TDC Category "A" Yearly Grant Requests by the Coastal Advisory Committee." He expressed concern that the City of Marco Island is not afforded the same treatment as the City of Naples in these issues. Erik Brechnitz, Vice Chairman of the Marco Island Special Tax District submitted written testimony to the Committee noting he was astounded that the Collier County Staff has recommended non-approval of the funding request. He outlined previous agreements between Collier County and area developers. He 4 April 10, 2008 noted that it is Collier County's responsibility to protect the beaches on Marco Island. This responsibility was designated to them via the Florida Department of Environmental Protection. There is a public safety concern that if the road is washed out, the residents in this area will be denied service of fire, rescue and police. He noted there is a significant public use of the beach, however and is not pedestrian accessed, rather boat accessed by local hotel operators and the boating public. Ken Humiston of Humiston and Moore provided a Power Point Presentation on the technical nature of the proposal noting that the project is consistent with the County Inlet Study and Department of Environmental Protection statewide Beach Management Plans. It is an inlet management issue as opposed to a beach management issue. He is confident this is the correct approach to address the problem of the erosion in the area. It was noted that the 6 additional T -Groin structures proposed were not delineated in any prior reports. The roadway in question is 165' from the waterline, but at nearly the same elevation as the existing shoreline. No analysis has been performed that would indicate what intensity of storm would be required to wash out the road. The erosion rate is currently 12.5' annually, however sand has been added to the beach and the shoals are constantly changing and difficult to predict a continuing annual rate of erosion and a time frame when the road would ultimately be affected. Mr. Buser noted that consideration should be given phasing the proposal by placing the structures and not completing the dredging and filling at this point. Mr. Forcht stated the installations ofT-Groins are now necessary as the roadway in question was previously protected from erosion by Coconut Island. Colleen Greene, Assistant County Attorney outlined possible concerns for the Coastal Advisory Committee (CAe) including the lack of public accessibility by definition, (the CAe would need to make a public accessibility finding and it be accepted by the Board of County Commissioners) and the parameters where Tourist Development Council (TDC) funds may be used for solutions in high erOSIon areas. She would need to review the facts and associated regulations to provide an opinion. At this point she does support Gary McAlpin's recommendation. It was noted by the Committee that it would need to be addressed whether public funds can be expended to protect a private entity (roadway, etc.) Erik Brechnitz re-iterated his position that this is not a new project; it is a continuation of the 2005 project and the reason T-groins were not recommended in these areas as it was protected by Coconut Island which has subsequently been disintegrated. The County has a responsibility ceded to them from the State of Florida to protect the beaches. Even though the road is private, there is a public 5 April 10, 2008 safety issue (Fire, Police and Rescue service) if the road is breached. The City proposes to bear some of the expense as outlined previously by Mr. Anderson. Gary McAlpin spoke in response to some ofthe comments made: . The City of Naples and the City of Marco Island are treated equally by the Tourist Development Council (TDC) . He agrees that structures work in protecting the beaches in this area and the solution outlined is acceptable . He agrees that the road stabilization is necessary, but the issue is whether TDC funds are utilized in this area . The public access is limited at this point . The Board of County Commissioners made a one time funding of this project and he does not view this proposal as "a continuation of the project" Mr. Pires stated his opposition to funding the proposal based on the following concerns: "Evaluation! Approval Guidelines for TDC Category "A" Yearly Grant Requests by the Coastal Advisory Committee" #4, #6 and further investigation of #7. Also, "Tourist Development Category "A" Funding Policy" #5.b (legal determination of "in the public interest" in this case). Further study on the issue of whether Hideaway Beach Association authorized to enter into or fund these agreements. It was noted for timing purposes, the item could be continued but a decision would be needed at the next meeting. It was noted the Board of County Commissioners should make the finding on the "one time" funding issue. Chairman Sorey noted the following should be addressed: . Public benefit aspects of the application . Definition of Public Access . Ability to fund portions of the application (i.e. place structures without "beach re-nourishment") Mr. Pires moved to continue the Application to the next meeting pending a written opinion from the County Attorney's Office that this project conforms to item #5.b of the "Tourist Development Category "A" Funding Policy" as "being in the Public Interest"; and an analysis of the definition of Public Access under the funding guidelines. Second by Mr. Hendel. Carried unanimously 8-0. The Committee continued review of the remaining items in #2 "Planned Projects ., 6 April 10, 2008 Mr. Hendel moved to recommend approval of the following grant requests: Wiggins Pass Engineering /Dredging - Collier County $750,000 Wiggins Pass Master Plan Engineering/Permitting $300,000 Dredging Doctors Pass - City of Naples $750,000 Tigertail Beach Sand Placement Study - Marco Island - $50,000 Breakwater & Jetties of South Beach - Marco Island - $50,000 Second by Mr. Pires. Carried unanimously 8-0. Gary McAlpin noted that Staff recommends postponement of the item Gordon Pass Dredging as to exhaust efforts to fund the balance of the item at the Federal Level. Mr. Rios moved to postpone the item Gordon Pass Dredging - $1,400,000. Second by Mr. Sullivan. Carried unanimously 8-0. The Committee reviewed item #3 "Beach Maintenance." A discussion ensued regarding the item "Beach Maintenance - City of Naples - $134,760." It was noted that the previous years funding approval was $71,200; approximately $60,000 of the new funding request is for purchase of a new piece of beach cleaning equipment. Gary McAlpin stated that Staff recommends to fund replacement capital only at this point and to wait 6 months to fund the new capital request depending on the status of the budget. Mr. Pires moved to recommend approval the following items subject to the caveat that the capital expenditure portion of the * Beach Maintenance - City of Naples be considered in 6 months depending on where they are from a funding standpoint. Beach Maintenance - Collier County/Marco Island - $110,000 *Beach Maintenance - City of Naples - $134,760 Vegetation Repairs/Exotic Removal- County Wide - $75,000 Naples Pier Annualized Repair & Maintenance - City of Naples - $18,000 Second by Mr. Rios. Carried unanimously 8-0. The Committee reviewed item #4 "Administration Fee's" Mr. Hendel moved to approve the following item: Fund 195 and 183 Administration - Collier County - $532,200 Second by Ms. Kulpa. Carried unanimously 8-0. 2. Approval of City of Naples Grant Amendments Mr. Sullivan moved to approve the requested Amendments (Executive Summary entitled "Recommend approval of Amendment No.2 to the 2006-2007 Tourism Agreement Between Collier County and the City of Naples for the North Jetty Doctors Pass Rehabilitation Project, for time extension for one year until April 7 April 10,2008 1,2009 and Amendment No.1 to the 2007-2008 Tourism Agreement Between Collier County and the City of Naples, for FT 07 Category "A" City of Naples Projects, the North Jetty Doctors Pass Rehabilitation Project for time extension for 1 year till September 30, 2009). Second by Mr. Rios. Carried unanimously 8-0. IX. Old Business 1. Clam Bay Pass Permit/Channel Marker Discussion Gary McAlpin noted that a meeting was held in which the channel markers required were identified. It will take approximately 90 days to obtain the permit. Within this time, cost estimates will be requested and they will continue to work with Pelican Bay Services Division on this issue. In addition, he submitted a copy of the Pelican Bay Services Division Executive Summary request entitled "Recommendation that the Board of Country Commissioners Authorize the Pelican Bay Services Division to Prepare, Sign and Submit the Clam Bay Management Plan to the Federal and State Agencies." He noted this decision will have an impact on how the Staff proceeds on the permit renewal. It was noted that the Seagate Homeowners were represented at the meeting regarding the channel markers. Chairman Sorey noted that any individuals or parties with concerns (Seagate Homeowners, the City of Naples, etc.) should consider attending the Board of County Commissioners meeting regarding the above referenced Pelican Bay Executive Summary. 2. Wiggins Pass Modeling Group Update Ms. Kulpa provided an update of the 1 sl meeting of the Modeling Group which reviewed the types of modeling available as well as developed the goals of the Group. X. Public Comments None Xl. Announcements It was noted Councilman Tucker's term on the Coastal Advisory Committee has expired. Ted Forcht has been appointed to the Committee as his replacement. XII. Committee Member Discussion A discussion ensued regarding the types of procedures allowed for backfilling erosion control structures and the related permitting requirements. It was noted that Mr. Rios should provide updates from the Marco Beach Advisory Committee. 8 April 10, 2008 Gary McAlpin noted that the Collier County Sheriffs Office utilizes Community Service and Work Release individuals to remove trash in the vegetated areas of beaches. Gary McAlpin clarified that there are 2 sand source issues for Collier County, one under consideration at Cape Romano Shoals, the other, an approved source off Sanibel Island known as the T-l, Toms Hills Sand Source. The T-l source is the one that is the subject of the Board of County Commissioners resolution regarding sole usage by Lee and Collier County. XIII. Next Meeting Date The next meeting will be on May 8, 2008. ***** There being no further business for the good of the County, the meeting was adjourned by order of the chair at 3:27P.M. Collier County Coastal Advisory Committee John Sorey, III, Chairman These minutes approved by the Board/Committee on as presented or as amended 9