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CAC Minutes 08/13/2009 R August 13, 2009 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, August 13,2009 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 1 :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 Larry Magel Joseph A. Moreland Ted Forcht Victor Rios Jim Burke (Excused) Robert Raymond ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Colleen Greene, Assistant County Attorney Gail Hambright, Accountant Dr. Michael Bauer, City of Naples Collier County: August 13, 2009 Page 1 of2 August 13, 2009 MEETING AGENDA & NOTICE . MEETING AGENDA &. NOTICE COASTAL ADVISORY COMMITTEE (CAC) THURSDAY, AUGUST 13, 2009 - 1:00 P.M. TURNER BUILDING (Administrative Building F, 3rd Floor Collier County Government Center, 3301 E. Tamiami Trail, Naples) PU~UC NOTJCE 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. MjlY 14, 2009 VII. Staff Reports 1. RE!y~nue J!eROft - GclJ'yM~Alpil1 2. Proiect Co~tR~Qrj: -GaryM~AJpin 3. TDC Review of Beach Funding - Murray Hendel VIII. New Business 1. Best Value Offer Presentation - Purchasing Dept. 2. BVO Reslllts for Physical!!<_Biological Monitoring 3. TDC Subcommittee Funding Re~ornmendation IX. Old Business 1. Hideaway Beach Erosion Control Structure Funding - Update 2. clam Bay ~d~$ory commiUc_E!- Update 3. Gordon River Funding and Dredging X. Announcements XI. Committee Member Discussion XII. Next Meeting Date/Location September 10, 2009 - Government Center, Administration Bldg. F, 3rd Floor XII. 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 3 minutes unless the Chairman grants permission for additional time. Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying http://www.colliergov.netlindex.aspx?page=2 7 59 8/27/2009 Collier County: August 13,2009 Page 2 of2 activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. http://www.colliergov.net/index.aspx?page=2 7 5 9 8/27 /2009 August 13,2009 I. Call to Order Chairman Sorey called the meeting to order at 1 :OOPM II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call Roll Call was taken with a quorum established. Robert Raymond was welcomed as a new member of the Committee. IV. Changes and Approval of Agenda Mr. Hendel moved to approve the agenda subject to the following: · Addition of Item X - Public Comments with remaining items renumbered accordingly. · Combining Item VII.3 - TDC Review of Beach Funding with Item VII.3 TDC Subcommittee Funding Recommendations Second by Mr. Rios. Carried unanimously 8-0. V. Public Comments None VI. Approval of CAC Minutes 1. May 14,2009 Mr. Rios moved to approve the minutes subject to the following changes: · Page 3 Paragraph 2 - line 2 - from "The Council. .." to "The Committee... " · Page 5 - Paragraph 1 -line2 from "and it is non-binding..." to "and is a non-binding..." Second by Mr. Pires. Carried unanimously 8-0. VII. Staff Reports 1. Revenue Report - Gary McAlpin The Committee reviewed the "Tourist Tax Revenue Report - FY 2008 - 2009" updated through "July 2009." The Committee requested future reports indicate the percentage changes in collections by categories (single-family short-term rentals, hotel/motels, etc) and reporting jurisdictions between the current fiscal year and the previous fiscal year. Gary McAlpin noted the data would become available starting with the next fiscal year. He noted most of the reduction in Tourist Taxes collected lies within the Hotel/Motel sector. 2 August 13,2009 2. Project Cost Report - Gary McAlpin The Committee reviewed the Report "FY 2009/2010 TDC Category "A" Beach Maintenance Projects" dated August 13, 2009. 3. TDC Review of Beach Funding - Murray Hendel Combined with item VIII.3 VIII. New Business 1. Best Value Offer Presentation - Purchasing Dept. Kelsey Ward, Collier County Contract Administration Manager provided an overview of the Best Value Offer (BVQ) process for awarding certain County contracts for work. She highlighted the following: · It is applicable to fixed term contracts for firms within the disciplines of Architecture, Landscape Architecture, Engineering, Mapping and Surveying. . It provides for the equitable distribution of contracts to pre-qualified firms · In the past contracts were awarded on a rotation basis to pre-qualified firms, etc. · The BVO provides all approved firms the opportunity to be awarded a contract and matches the proposed work to the "best-fit" consultant. · The contract is awarded based on responses to the County's request for work in a system where 5 criteria are evaluated (cost, etc.) . The criteria are worth a total of 20 points each; some criteria such as cost may be upgraded to 50 points if requested. . The evaluation is conducted by a Project Manager for projects from $50, 000 - $100,000 for those over $100,000, a selection Committee comprised of 3 individuals evaluates the submittals. Chairman Sorey noted the Board of County Commissioners (BCC) has approved the process and the purpose of to day's item is for informational purposes. Any questions or recommendations for changes by Committee members is outside the scope of the Coastal Advisory Committee (CAC) and should be directed to the BCC. Under Committee discussion the following was noted: . The evaluation and scoring of the criteria is "subjective." . The pay rate for a potential firms employee not identified by County Purchasing documents (i.e. a specialized engineer or technician) is approved ifit is deemed "reasonable." . To date, there has not been a large amount of Change Orders generated with the new BVO program. . The standard terms and conditions of the BVO require the firm to identify the particular employee to be responsible for any areas of expertise to safeguard the County from firms substituting an employee. · Sole source procurement is not within the scope of the BVO program. 3 August 13,2009 2. BVO Results for Physical & Biological Monitoring Gary McAlpin provided the Executive Summary "Update the CAC on the Results of the "Best Value Offer "for the Physical and Biological Monitoring Solicitation" dated August 13, 2009 for review by the Committee. The contract for Physical Monitoring was awarded to Coastal Planning and Engineering through the Best Value Offer (BVO) process. The Biological Monitoring will be completed under a separate contract (not by BVO) by a "temporary contracted County employee" supported by County Staff at the price of approximately $90,000. Last year the work cost the County $300,000. Gary McAlpin noted there will be no Biological Monitoring required for next year, the 4th year of a 5-year cycle. It was noted certain rates quoted for Engineers, Administrative Assistants, etc. in Coastal Planning and Engineering's proposal will be reduced as necessary. Speaker Ken Humiston, Humiston and Moore Engineers submitted a memo "Members of the Collier County CAC, for the meeting record, from Humiston and Moore Engineers - Re: BVO #08-5124, CAC August 13, 2009 Agenda Item VII-2 New Business. " He expressed concern the Executive Summary (ES) represented Humiston and Moore's cost proposal as "considerably higher" than the other two firms involved in the BVO process. He read the memo into the record, which outlined the reasons the representation in the ES was incorrect. Marcia Cravens expressed concern over the entire BVO process noting the previous Agenda item outlined why it is advantageous to utilize the method and the Biological Monitoring Scope of this Agenda Item did not to utilize the process. In addition, she recommended an investigation in the Change Order process to determine if limitations for changes should be imposed. Some firms have a tendency to low bid projects and then increase the costs substantially by executing Change Orders. Chairman Sorey noted the Purchasing and Change Order issues are under the Scope of the Board of County Commissioners and any comments should be directed to them. Mr. Pires requested clarification on why line items 7 - Clam Pass Beach Physical Monitoring, Item 11 - Caxambas inlet/borrow area monitoring and Item 15 - Sea Grass Monitoring at Hideaway Beach on Page 3 of 6 of the ES are left blank with no costs associated. 4 August 13,2009 Gary McAlpin noted the work was deemed not to be included in the scope of the request. Any Consultants participating in the process were notified of the change. Mr. Pires requested Staff provide him a copy of the addendum to the request, which outlined the elimination for the request of the services. Gary McAlpin noted the information would need to be supplied by the Purchasing Department. 3. TDC Subcommittee Funding Recommendation Gary McAlpin provided the Executive Summary "Review and Obtain CAe Support to Oppose TDC Subcommittee Recommendation on Beach Funding" dated August 13, 2009 for review by the Committee. He noted the Tourist Development Council (TDC) Subcommittee has recommended that the $.5M annually set aside for the Beach Emergency Fund as well as $.5M of the $2.0M annually set aside for the Beach re-nourishment Fund be re-directed to promotions and advertising within the Convention and Visitors Bureau for a period of two years. He met with the Subcommittee and informed them the funds are "emergency funds" that will require utilization at some point. He also informed them redirecting the funds from the Beach Re-nourishment would delay the work by two years, a critical time in the Re-nourishment Cycle when the beaches will need maintenance and also cause an increase in costs for the work. He requested the CAC oppose the redirection of those funds. Mr. Hendel, Chairman of the TDC Subcommittee provided an overview of the Subcommittees work noting some of the following: . The overall objective of the Subcommittee was to examine overall Tourist Development Funding and Activities in the region and to investigate the feasibility of increasing advertising for tourism to a year round basis, as opposed to an off-season basis. . It was testified when money is allocated to advertising, additional revenue is generated ($1 of advertising generates approximately $16 of revenue to area businesses.) . Individuals testified the beaches are in good condition at this time, and re-nourishment may be postponed for a short time frame. . Two recommendations suggested affect Beach Funds as outlined by Mr. McAlpin. . The remaining recommendations include, ceasing funding of the County Museum Operating budget, the interest from TDC funds be returned to the TDC budget, investigating means to increase collections in the area of single-family rentals, creating a visitor center coordinator, not to raise the Tourist Tax, etc. . The Subcommittee recognized beaches are important and are not recommending forgoing ongoing maintenance of the Beaches, rather utilizing Emergency funds on a temporary basis for marketing. 5 August 13, 2009 Chairman Sorey expressed concern the CVB has consistently been unable to document the relationship between advertising expenditures and their return on investment. He acknowledged it is a difficult statistic to produce. Mr. Moreland moved to recommend to the Tourist Development Council and Board of County Commissioners that the $500,000 redirection offunds (as recommended by the Tourist Development Council Subcommittee) not be supported. Second by Mr. Pires. Several members expressed concern that not continuing maintaining the beaches may have a negative affect on the overall number of Tourists visiting the area. In addition, expending an extra $lM may be ill advised, as it will not have an impact on increasing business given the current economic climate. Mr. Hendel clarified the Subcommittee discussed the issue in detail. It is not the intent of the Subcommittee to create a negative impact on the condition of the beaches. The proposal does not reduce expenditures on existing beach operations and maintenance, rather temporarily utilizes funds currently committed to emergencies or future re-nourishment projects for advertising. Motion carried 6 'yes" - 2 "no." Mr. Hendel and Mr. Forcht voted "no." Gary McAlpin recommended similar resolutions be brought forth to their respective jurisdictions by members of the CAC from the City of Marco Island and the City of Naples. IX. Old Business 1. Hideaway Beach Erosion Control Structure Funding - Update Gary McAlpin noted the County allocated $1.6M for erosion control structures for Hideaway Beach. The bids indicate the work may be completed for approximately $1 M. 2. Clam Bay Advisory Committee - Update Gary McAlpin provided the Executive Summary "Update the CAC on Progress of the Clam Bay Advisory Committee" dated August 13,2009. He noted: . The Clam Bay Advisory Committee plans on submitting a draft report to the CAC in September and will be addressing the BCC in October to determine if the CBAC should continue or sunset. . The lO-year permit application for tidal flushing is in the "Request for Additional Information" stage. . The navigational signage marking issue is on going. . The Water Quality Study is underway. · The Pass is proposed to be marked with informational signs to reduce conflicts between boaters and swimmers with final language to be approved by the Florida Fish and Wildlife Conservation Commission. 6 August 13,2009 Speaker Marcia Cravens addressed the Committee providing a map of the Clam Bay Natural Resource Protection Area noting preserving this area has been acknowledged since 1976 through zoning regulations developed at that time. Subsequent to this, numerous technical reports were completed to form the 1991 Coastal Management Plan. This led to Sea Grass, Manatee and Turtle Protection plans. She requested the Clam Bay Advisory Committee be renamed to the "Moorings Bay Advisory Committee," as the Water Quality in Moorings Bay is the overall problem for the Water Quality in the area. 3. Gordon River Funding Update Gary McAlpin noted there were 2 non-responsive bidders for the project and it is to be re-bid with the contract to be awarded in late September, 2009. X. Public Comments None XI. Announcements None XII. Committee Member Discussion Chairman Sorey requested members to direct their comments on items heard during the meeting to the full Committee. Private comments between individual Committee members may be deemed a Sunshine Law violation. XIII. Next Meeting Date September 10, 2009 - Government Center, Administration Bldg. F, 3rd Floor There being no further business for the good of the County, the meeting was adjourned by order of the chair at 2:47 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