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CAC Minutes 04/29/2010 S April, 29 2010 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, April 29, 2010 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 SPECIAL SESSION at Administrative Building "F", 3'd Floor, Collier County Government Complex Naples, Florida with the following members present: CHAIRMAN: John Sorey, III VICE CHAIRMAN: Anthony Pires Murray Hendel Jim Burke Victor Rios Robert Raymond Joseph A. Moreland (Excused) Jolm Arceri Wayne Waldack ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Colleen Greene, Assistant County Attorney Gail Hambright, Accountant Dr. Michael Bauer, City of Naples Collier County: Apri129, 2010 Page 1 of2 April 29, 2010 MEETING AGENDA & NOTICE MEETING AGENDA &. NOTICE COASTAL ADVISORY COMMITTEE (CAC) THURSDAY, APRIL 29, 2010 - 1:00 P.M. TURNER BUILDING (Administrative Building F, 3rd Floor Collier County Government Center, 3301 E. Tamiami Trail, Naples) Sunshine Law on Aaenda Ouestions PUBLIC NOTICE I. Call to Order II. Pledge of Allegiance III. Roll Call IV. Changes and Approval of Agenda V. Public Comments VI. Approval of CAC Minutes VII. Staff Reports VIII. New Business 1. NaDles Beach Emeraencv Renourishment a. Declare an Emeraencv Renourishment Situation b. Resolution for Emeraencv Renourishment IX. Old Business X. Announcements XI. Committee Member Discussion XII. Next Meeting Date/Location May 13, 2010 - Government Center, Administration Bldg. F, 3rd Floor XIII. 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.net/index.aspx?page=2934 2/14/2011 Collier County: Apri129, 2010 Page 2 of2 (including, but not limited to, addressing the Board of County Commissioners) before the Board of Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes Records Department. http://www.colliergov.net/index. aspx?page=2934 2/14/2011 April, 29 2010 I. Call to Order Chairman Sorey called the meeting to order at 1 :00 P.M. II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call Roll call was taken and a quorum was established. IV. Changes and Approval of Agenda Mr. Rios moved to approve the Agenda subject to the following addition: Item VIII - New Business - Gulf of Mexico Oil Spill Update - Dan Summers Second by Mr. Arceri. Carried unanimously 8-0. V. Public Comments None VI. Approval of Minutes None VII. Staff Reports None VIII. New Business Dan Summers, Director, Collier County Bureau of Emergency Services presented a Slideshow on the functions of the Bureau of Emergency Services and an update on the Oil Spill in the Gulf of Mexico. The County is monitoring the situation closely and prepared to implement any necessary actions immediately, ifrequired. Collier County does not stock the necessary amounts of dispersants or other materials that may be required to deal with an oil slick of this potential magnitude and will rely on outside Agencies to provide assistance. 1. Naples Beach Emergency Renourishment Gary McAlpin, Director, Coastal Zone Management presented the Executive Summary "Recommendation to approve the Doctors Pass and North Park Shore Emergency Beach Renourishment Resolution, make afinding that these beaches are critically eroded and TDC fimds can be used for renourishment, authorize the expedited handling of a truck haul/inland sand source permit modification, waive the formal competitive thresholds in the Purchasing Policy based on a valid public emergency, and authorize the expenditure of up to $1.5M Category A Tourist Development Funds and authorize necessary budget Amendments" dated April29, 2010 for review. He noted: . At the previous CAC meeting, the Committee recommended an expenditure of $375,000 for placement of 10,000 CY of sand to address eroded beach hot spots in areas south (in front of Gulf View and Indies West condominiums) and north of Doctors Pass (Park Shore Beach). 2 April, 292010 . It is now estimated approximately 40,000 CY of sand will be required to stabilize the area for a 3-year period as it is eroding. . The Biological Opinion issued under the existing permits re-nourishment template requires work to be completed by a May 1 deadline. . Staff is in the process of obtaining a permit amendment and new Biological Opinion. . Staff is recommending (as an emergency measure before the permit amendment is granted) placing approximately 2000 - 3000 CY of sand be placed in an area just South of Doctors Pass, on the dune landward of the current Mean High Water in front of Gulf View and Indies West condominiums. . The remaining 37,000 CY of sand will be placed on the beach at both locations (on the seaward and landward side of the MHW) after new Biological Opinion and permit modifications are issued. Mr. Hendel expressed concern the area just south of Doctors Pass should be deemed a greater emergency than the Park Shore Beach area and requested clarification on why the necessity to address the Park Shore Beach area at this time. Gary McAlpin noted both areas are in need of repair and should be deemed an "emergency." The area south of Doctors Pass is more eroded, but the intent is to combine the projects for an overall cost saving basis and attempt to prevent a possible re-mobilization to re-nourish the Park Shore area over the next year or two, before the next re-nourishment Cycle. The sand placed in these areas should remain until the next re-nourishment Cycle and possibly reduce the amount of re- nourishment required at that time. Mr. Pires expressed concern public funds are being utilized to stabilize beaches on private properties. Florida Statutes require public monies to be spent for public purposes. He expressed concern private property is being re-nourished in areas where the public does not have access. Gary McAlpin noted County Policy has allowed re-nourishment in the past, via private property easements to allow placement of sand and access of construction vehicles. Colleen Greene, Assistant County Attorney noted the Committee should make a finding that the activity primarily serves a public purpose. Past Attorney General Opinions provide for the expenditure based on that finding. Gary McAlpin will check which areas under consideration for re-nourishment have been deemed "critically eroded beaches." Colleen Greene noted the County will need to review the requirements for waiving purchasing policies under Collier County Purchasing Policies and the State of Florida Statutes. 3 April, 29 2010 Speakers Michael Fields noted the area continues to erode at a rapid rate and expressed concern over the position being taken by the Florida Department of Environmental Protection (FDEP) with regard to the protection of sea turtle nesting areas. The areas in question lacks suitable nesting habitat due to the beach erosion. He noted FDEP's refusal on the County's request to place dredged sand on the beach outside of Indies West and Gulf view last year has hindered the situation. The areas should be repaired before structural damage occurs creating a . . more expensIve repaIr. Hans Gruenberg, Gulf Shore Property Owners Assoc. noted the property owners in the area support the effort to repair the beaches and the situation should be deemed an "emergency." On a related note the property owners in the area are against using any beach funds allocated to beaches for other purposes. Sarah Wu, Seagate Resident noted at high tide, there is no beach available. Public beach access should be prohibited as their attempts to access the beach may cause environmental damage along the dune area. Mr. Hendel moved to recommend approval of the emergency resolution to stabilize the beach by placing 2000 - 3000 CY of sand proposed for the frontage of Gulf View and Indies West condominiums. Without a second the motion was not considered. Chairman Sorey recommended the Committee review the 6 recommendations provided on page 2 of the Executive Summary and take action. Recommendation #1 Mr. Burke moved to recommend an Emergency Resolution be approved authorizing the use of emergency measures and funds to address this severe beach erosion and that action must be taken immediately. Second by Mr. Raymond. Carried unanimously 8-0. Recommendation #2 Mr. Arceri moved to find that both the Doctor's Pass Beach and the North Park Shore Beach are "critically eroded." Second by Mr. Raymond. Carried unanimously 8-0. Recommendation #3 Mr. Rios moved the emergency re-nourishment is eligible for TDC Category "A" Funding. Second by Mr. Burke. Mr. Pires expressed concern on the possible lack of public access to the private properties where the sand is being placed. The current easements from property 4 April, 29 20] 0 owners only allow construction activities (ingress and egress of equipment and sand being placed). Chairman Sorey noted the activity is consistent with established County Policy. Mr. Pires recommended that as the County moves forward, they obtain public access easements from private property owner's whose properties are re- nourished with the expenditure of public funds. Colleen Greene recommended the motion include a finding there is a public purpose and benefits for the activity. Mr. Rios amended the motion to "the emergency re-nourishment is eligible for TDC Category "A" Funding, and serves a public purpose." Second by Mr. Burke. Motion carried 7 'yes" -1 "no." Mr. Pires voted "no." Mr. Pires voted "no" due to his concerns outlined regarding public access. Recommendation #4 Mr. Pires moved the formal competitive threshold in the Purchasing Policy and any other applicable State Statutes be waived based on a valid public emergency. Second by Mr. Rios. Carried unanimously 8-0. Recommendation #5 Chairman Sorey noted the expenditure is for approximately 38,000 CY of sand to fill the template landward and seaward of the Erosion Control Line. Mr. Hendel recommended the expenditure be "$1.5M" as opposed to "up to $1.5M." Mr. Rios moved to recommend an expenditure of $J.5M in TDC Category "A" Funding to accomplish this project. Second by Mr. Raymond. Motion carried 7 'yes" -1 "no." Mr. Pires voted "no." Mr. Pires voted "no" due to his concerns outlined regarding public access. Recommendation #6 Mr. Arceri moved to recommend authorization of the necessary budget amendments. Second by Mr. Rios. Motion carried 7 'yes" -1 "no." Mr. Pires voted "no. " Gary McAlpin noted "public purposes" include concern over possible damage to structures and public infrastructure (buildings, roadways, sewers, utilities, etc.) a. Declare an Emergency Renourishment Situation See item Vlll.] 5 April, 29 20]0 b. Resolution for Emergency Renourishment Gary McAlpin presented a proposed Resolution (no. ] 0-_) entitled "A Resolution of the Board of County Commissioners of Collier County, Florida declaring critically eroded beaches in the City of Naples to require emergency renourishment and making findings to support the public purpose of renourishment for review. Mr. Rios moved to recommend the Board of County Commissioners approve the proposed Resolution. Second by Mr. Raymond. Motion carried 7 'yes" -] "no." Mr. Pires voted "no." IX. Old Business None X. Announcements None XI. Committee Member Discussion Mr. Hendel thanked Gary and Staff for executing the plantings in front of Le Parc, Park Plaza, etc. and addressing the signs and rope in disrepair in front of the Park Shore condominiums. XII. Next Meeting Date/Location May 13, 2010 - 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 2:27 P.M. Collier County Coastal Advisory Committee John Sorey, III, Chairman These minutes approved by the Board/Committee on as presented or as amended 6