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CAC Minutes 12/11/2008 R December I I, 2008 MINUTES OF THE MEETING OF THE COLLIER COUNTY COAST AL ADVISORY COMMITTEE Naples, Florida, December I I, 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: Anthony Pires Murray Hendel Ted Forcht Victor Rios Larry Magel ALSO PRESENT: Gary McAlpin, Coastal Zone Management Director Colleen Greene, Assistant County Attorney Gail Hambright, Accountant Dr. Michael Bauer, City of Naples Collier County: December 11, 2008 Page 1 of 1 MEETING AGENDA &. NOTICE COASTAL AOVISORY COMMITTEE (CAC) fHURSDAY, DECEMBER 11, 2008 - 1:00 P.M. rURNER BUILDING (Administrative Building F, 3rd Floor Collier County Government Center, 3301 E. Tamiami Trail, Naples) ~UBLIC NOTICE [. Call to Order [I, Pledge of Allegiance [II. Roll Call [v. Changes and Approval of Agenda 't/. Public Comments Ifl. Approval of CAe Minutes 1. Nover11_b_er 13, 2.008 VII. Staff Reports 1. Revenue Report - Gary McAlpin 2. PrQject Cost__Report.::.... Gary M..::Alpin IIIII. New Business 1. Wiggins/DottQrs Pass DredglOQ 2. MClrca IsliHld FEMA.Applicii:ttiQn Tropic;:al Storm Fay [x. Old Business 1. Consultant_prices K. Public Comments KI. Announcements 1. Adviso_ryBoardMJI~age R~imbursement KIl. Committee Member Discussion KIll. Next Meeting Date/Location January 8, 2009 - Government Center, Administration Bldg. F, 3rd Floor KIV. Adjournment ~!1 interested parties are invited to attend, and to register to speak and to submit their objections, if any, n writing, to the board prior to the meeting if applicable. :or more information, please contact Gail D. Hambright at (239) 2S2~2966. [f you are a person with a disability who needs any accommodation in order to participate in this Jroceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the :ollier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112, :239) 252-8380. :lublic comments will be limited to 5 minutes unless the Chairman grants permission for additional time. :ollier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying Ktivities (including, but not limited to, addressing the Board of County Commissioners) before the Board Jf County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Vlinutes and Records Department. http://www.colliergov.netlindex . aspx ?page= 2549 12/3/2008 December 1 1 , 2008 I. Call to Order Chairman Sorey called the meeting to order at 1 :00 PM. 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. Rios moved to approve the agenda subject to the following changes: . Addition of Item VIlI, Ncw Business 1. a. - Wiggins IDoctors Pass Dredging - Bee 12116108 . Handout entitled "Project Worksheet" identifying the costs associated with FEMA request for Marco Island . Item VIII, New Business 3 - Marco Island FEMA Hazard Mitigation Request Second by Mr. Hendel. Carried unanimously 6-0. V. Public Comments None VI. Approval of CAC Minutes 1. November 13, 2008 Mr. Rios moved to approve the minutes of the November 13, 2008 meeting. Second by Mr. Pires. Carried unanimously 6-0. VII. Staff Reports 1. Revenue Report - Gary McAlpin The Revenue Report updated through November 2008 was submitted for review. A budget update will be provided at the end of the 1st quarter. It was noted the operating expenses in the budget wcre reduced in accordance with the County Manager's guidelines and the collections budgeted were $14.5M for this fiscal year, identical to the previous year. 2. Project Cost Report - Gary McAlpin The project cost was submitted for review. VIII. New Business 1. Wiggins/Doctors Pass Dredging a. Wiggins/Doctors Pass Dredging - BCC 12/16/08 Gary McAlpin submitted an Executive Summary "Recommend approval to award contract for the dredging of Doctors Pass and Wiggins Pass to the lowest qualified bidder" dated December 11,2008. The following was highlighted: . 71 requests were sent - 4 bids were submitted for consideration. 2 December 11,2008 . 3 of the Companies requesting consideration submitted lower bids but did not qualify. . In previous dredging projects, the lowest bidders were awarded contracts but they were not qualified to complete the work and problems arose (dredges sinking, etc.) . In an Executive Summary prepared for the Board of County Commissioner's (BCC), Staff is recommending to award the contract to Subaqueous Services, LLC in the amount of$I,755,095, scheduled for review at their December 16, 2008 meeting. . The process allows the bid to be evaluated by the Purchasing Department and a meeting will be held with Subaqueous Services on December 1 1, 2008 to determine the possibility of lowering the bid. . It is anticipated the bid award will be appealed and the item will be re-worked and placed on a BCC agenda in January. Speaker Doug Fee, County resident addressed the Committee and provided a copies of the definition of "Conservation District" in the Land Development Code and Zoning Maps in the area of the south end of Barefoot Beach. He expressed concern that the Wiggins Pass Modeling Evaluation Group is not addressing these issues in consideration of the long-tern1 solution to the stabilization of Wiggins Pass. In addition regarding the above item, noted the Executive Summary for the BCC containing the bids and information was posted on the Internet yesterday (December 10,2008), and the public has not had adequate time to review the document and provide input. Dr. Michael Bauer, Natural Resources Manager, City of Naples stated with a previous dredge in Doctors Pass, a less expensive smaller company was contracted to complete the work and the end result was the Company was not qualified and had financial difficulties, which impeded their ability to complete the job. Mr. Rios expressed concern over thc large discrepancies in costs between the various sub-items in the bids provided by the Companies. Further, the cubic yard price in the previous dredging in Wiggins Pass (approximately 2 years ago by Subaqueous Services, Inc.) was $4.13 cubic yard and the cost bid in this project is $10.98 a cubic yard. Gary McAlpin noted the purpose of meeting with Subaqueous Services, LLC and the Purchasing Department is to investigate if they misunderstood some of the monitoring serviccs required for the project. The clarification of services could lower the overall amount of the bid. With regard to the cubic yard prices, the market has changed over the past two years and noted the process was conducted through competitive bidding and the 3 December 11, 2008 cost for unit price of all companies was similar. He noted reserve funds would need to be utilizcd, as the bid is approximately $255,000 greater than budgeted. Mr. Pires noted Subaqueous Services, Inc, which performed previous work for the County has been acquired by Orion Marine Group and is now operating as Subaqueous Services, LLC. He expressed many concerns with the proposal noting in researching Subaqueous Services, LLC found they had cost overruns in the 2nd quarter of2008 on dredging projects in the Wcstern Gulf. He questioned if this had been investigated during the bidding process. Other research indicated Subaqueous Services Inc. offices had been raided by the FBI in conjunction with its investigation of (Jacksonville) "Port Authority board member Tony Nelson and the Port's contracts. "' as reported in the Florida Times- Union, May 27,2008. He submitted the following documents for the record: . Articles of Amendment to the Articles ofIncorporation of Subaqueous Services, Inc. dated February 29,2008 - Change of name Subaqueous Services Inc. to Hawg Enterprises, Inc. . Articles of Amendment to the Articles of Organization ofOMG1 Sub, LLC dated February 29,2008 - Change of name from OMGI Sub, LLC to Subaqueous Services. LLC. . April 26, 2008 Florida Times-Union article "FBI seizes records of Jacksonville port partners"' . May 27, 2008 Florida Times - Union article "Port Authority's hire affirm is questioned"' . September 19,2008 Florida Times-Union article "Firm protests port bid in Jacksonville, Fla. ,. . 2008 for Profit Corporation Annual Report signature page for All American Concrete, Inc.; American Marine and Construction Incorporated; Millmac Corporation (the other Companies under consideration) . Orion Marine Group, Inc. FornI 424B3 filed March 5, 2008 and Orion Marine Group Press Release dated February 29, 2008, re: "Orion Marine Group Acquires Subaqueous Services, Inc. "' . 2008 Collier County Vendor Evaluations for two projects completed by Subaqueous Serviccs, Inc. He expressed concem whether Subaqueous Services, LLC. was fully investigated before the recommendation was made in the Executive Summary to the Board of County Commissioners. Gary McAlpin notcd these issues would be investigated to the satisfaction ofthe County with background checks. Mr. Pires acknowledged the process provides for the lowest responsible bidder to be awarded the contract (not the lowest bidder), but wants to ensure all necessary information is presented to the BCC for consideration in awarding the bid. Mr. Forcht questioned if any Change Orders were expected in the project. 4 December 11,2008 Gary McAlpin noted this is a unit price contract based on before and after quantity surveys. Chairman Sorey requested Staff to review the bid specifications used in these projects to ensure they are adequatc. Mr. Hendel requested clarification on the Speakers position on the issue, as the comments were directed to issues in the Wiggins Pass Modeling Evaluation Group. Speaker Dong Fee noted the relevance is in the land lease from the Florida Department of Environmental Protection (FDEP), which encompasses this area. It requires projects in Wiggins Pass be completed in accordance with local requirements. He noted he is in favor of dredging, but questioned whether the current dredge template should be reviewed to ensure it meets this requirement. Chairman Sorey noted these issues should be directed to the Wiggins Pass Modeling Evaluation Group. Gary McAlpin noted any modifications to the dredge template have been deemed unsubstantial by FDEP and dredging has been in complete compliance with the Land Development Code requirements. There are no substantial changes proposed to the dredge template at this time. Mr. Sorey moved to approve Staff's recommendation with the expectation the price will be re-negotiated better than what the current quote is. Second by Mr. Hendel. Motion carried 4 "yes" - 2 "no." Mr. Pires and Mr. Rios voted "no. " Mr. Rios voted "no" as he cannot go forward on the assumption the company will lower their bid. In addition, based on this process, at least one other firm should be requested to re-qualify their bid. 2. Marco Island FEMA Application Tropical Storm Fay Gary McAlpin provided a draft (FEMA) Report for the damage caused by Tropical Storm Fay and related "FEMA Project Worksheet." He provided an update for historic beach re-nourishment expenditures for the Marco Island beaches. It was noted a FEMA Grant would provide 75% of the funding for repairing the damage. 3. Marco Island FEMA Hazard Mitigation Reqnest Gary McAlpin provided a handout consisting of an email to him from Ken Humiston of Humiston and Moore dated December 11,2008, subject: "Hazard Mitigation Proposal (HMP) Format" and related documents. He updated the Committee on the concept of Staff approaching FEMA to provide funding for a mitigation project for the beaches on the South End of Marco Island. 5 December II, 2008 The mitigation would aid in preventing storm damage in the future. FEMA would provide 75% of the funding for the project to be located between markers 148- 147. This would alleviate FEMA from continually expending funds to repair the area following storm damage. If it is feasible for FEMA to fund the project, the City of Marco Island will be approached on the feasibility of constructing the project. IX. Old Business 1. Consultant Prices Gary McAlpin provided an email from Kelsey Ward of the Purchasing Department dated November 19, 2008 in response to the issue of increased Consultant rates addressed by the Coastal Advisory Committee at their November meeting. Chairman Sorey noted the issue had been addressed and should not be pursued further. It was noted the motion passed at the November CAC meeting was for the BCC to aggressively review the rates and Mr. Pires asked if the sentiment of the Committee had been conveyed to the BCC. The issue had been conveyed to the Purchasing Department only and was recommended Mr. Pires meet with the BCC personally on further concerns he may have. X. Public Comments None Xl. Announcements 1. Advisory Board Mileage Reimbursement Staff reported the BCC has approved mileage reimbursement for members traveling in excess of20 miles for Advisory Board meetings. 2. CAC Schedule for 2009 Staff provided the recommended dates for next year's meetings. Chairman Sorey acknowledged the Committee accepted the scheduled dates for the 2009 meetings. XII. Committee Member Discussion Mr. Pires expressed concern in the above referenced email from Kelsey Ward to Gary McAlpin which stated "It would be counter-productive to ask for a reduction in hourly rates, because it would give the consultants an incentive to make up for the lost revenue by padding their proposal with additional personnel categories and hours, which could cost us more in the long run." He sent an email to Gary McAlpin dated December 9, 2008, which highlighted the following: . The email from Kelsey Ward does not explain the increase in rates. 6 December 1 1, 2008 . County employees should be qualified to review proposals and recognize "padding." . Concern regarding the assertion that Consultants will be less than honest in proposals. . What is the basis for this statement? . Can specifiC examples of "padding" be provided for consideration? Chairman Sorey noted the Committee has taken action regarding this item and the next avenue should be for any member/s who wishes to individually speak to their BCC representatives to do so. XIII. Next Meeting Date January 8, 2009 _ Government Center, Administration Bldg. F, 3'd Floor There being no further business for the good of the County, the meeting was adjourned by order of the chair at 2:33 P.M. Collier County Coastal Advisory Committee John Sorey, III, Chairman These minutes approved by the Board/Committee on as presented or as amended 7