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CAC Minutes 08/12/2010 R August 12,2010 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, August 12,2010 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 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: VICE CHAIRMAN: John Sorey, III (via telephone) Anthony Pires John Arceri Jim Burke Murray Hendel Robert Raymond Joseph A. Moreland (Excused) Victor Rios Wayne Waldack ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Jeff Wright, Assistant County Attorney Gail Hambright, Accountant Dr. Michael Bauer, City of Naples Jack Wert, Tourism Director 1 August 12, 2010 MEETING AGENDA &. NOTICE MEETING AGENDA & NOTICE COASTAL ADVISORY COMMITTEE (CAC) THURSDAY, AUGUST 12, 2010 - 1:00 P.M. TURNER BUILDING (Administrative Building F, 3rd Floor Collier County Government Center, 3301 E. Tamlami 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 1. ADril 29. 2010 2. June 10. 2010 VII. Staff Reports 1. EXDanded Revenue ReDort - Garv McAIDln a. TDC Revenue Analvsis 2. Project Cost ReDort - Garv McAIDin VIII. New Business 1. Use of Fund 183 - Beach Park Facilities Monies for Emeraencv Advertisina a. TDC Marketina Presentation - Jack Wert 2. Peer Review Status and Discussion 3. FDEP Cost Share Grant ADDlications IX. Old Business X. Announcements XI. Committee Member Discussion XII. Next Meeting Date/Location September 9, 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 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 Cierk to the Board at the Board Minutes and Records Department. August 12,2010 I. Call to Order Mr. Pires called the meeting to order at 1 :02 PM II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call Roll call was taken and a quorum was established. Mr. Waldack moved to allow Chairman Sorey to participate in the meeting via teleconference. Second by Mr. Rios. Carried unanimously 7-0. IV. Changes and Approval of Agenda Mr. Rios moved to approve the Agenda subject to the following additions to item VII: 3. Update - Proposed Vanderbilt Beach Restrooms 4. Update - Doctors Pass Emergency Beach Re-nourishment 5. Update - FEMA Fund Requests 6. Update - Oil Spill 7. Update - Hideaway Beach Re-nourishment. 8. Update - Clam Bay Dredging Permit application 9. Update - Status on Staff investigation on ramifications of non-dredging of Clam Pass. Second by Mr. Hendel. Carried unanimously 7-0. Mr. Pires requested Staff include the following standing items on the Agenda for monthly updates: Clam Bay Estuary System, Doctors Pass and Park Shore re- nourishment projects. V. Public Comments None VI. Approval of CAC Minutes 1. April 29, 2010 Mr. Arceri moved to approve the minutes of the April 29, 2010 meeting subject to the following change: Page3, paragraph 4, line 3 from" ...public purposes" to ".. .primarily public purposes" Second by Mr. Raymond. Carried unanimously 7-0. 2. June 10, 2010. Mr. Rios moved to approve the minutes of the June 12,2010 meeting. Second by Mr. Raymond. Carried unanimously 7-0. Mr. Burke arrived at 1: 12 pm 2 August 12,2010 VII. Staff Reports 1. Expanded Revenue Report - Gary McAlpin The Committee reviewed the "Tourist Tax Revenue Report - FY 2009 - 2010" updated through July, 2010. a. TDC Revenue Analysis The Committee reviewed the documents "TDC Revenue Analysis" updated through July 2010 and "TDC Category "A "-183 Fund Projections" dated August 12,2010. Mr. Hendel recommended these documents be provided to the Committee on a monthly basis. 2. Project Cost Report - Gary McAlpin The Committee reviewed the "FY 2009/2010 TDC Category "A: Beach Maintenance Projects" updated through August 5, 2010. Speaker Marcia Cravens, Mangrove Action Group expressed concern on the use of funds for the proposed Vanderbilt Restrooms and Clam Pass Facilities. The expenditures are excessive, not an optimal use of TDC funds and the County should reconsider. In addition, the size of the Vanderbilt Beach facility should be re-examined as it may create negative environmental impacts. 3. Update - Proposed Vanderbilt Beach Restrooms Gary McAlpin noted the Board of County Commissioners authorized expenditures for the final design, permitting and engineering for the project. Upon completion of the final designs and engineering, the proposal will be returned to the Pelican Bay Foundation, Tourist Development Council and Board of County Commissioners and any other necessary parties for final approval. 4. Update - Doctors Pass Emergency Beach Re-nourishment Gary McAlpin noted the Emergency renourishment, for stabilization of the area in proximity to structures has been completed by local contractors utilizing a local sand source from Immokalee. An "after the fact" permit was obtained through FDEP while the County awaits approval ofthe formal permit. The Park Shore area is accreting sand and will be reconsidered for re-nourishment upon receipt of the formal permit. Mr. Hendel noted he is opposed to expending any funds for beach re- nourishment in the Park Shore area at this time. Discussion occurred on costs, such as should the Park Shore be removed from the scope of the formal permit application? Gary McAlpin recommended the Park Shore area continue to remain in the scope ofthe permit as there has been expenditures already and the process is ongoing. Staff continues to address the concept of acquiring public easements on private properties when County beach re-nourishment funds are expended on the areas. 3 August 12,2010 5. Update - FEMA Fund Requests Gary McAlpin noted there are 3 applications proposed for reimbursement funding due to County beach expenditures over the past 10 years: . Hurricanes Katrina and Wilma - The requests have been approved in the amount of $IM. The funding has been approved and the County is "in the queue" for reimbursement of funds. . Tropical Storm Gabrielle - Staff is addressing questions posed by the Region IV FEMA offices in Atlanta. . Tropical Storm Fay - The County has been reappropriated funds in the amount of$12M. . To date no funds have been formally received. 6. Update - Oil Spill Gary McAlpin noted there is minimal impact expected from the spill. Any impacts may be in the form of tar balls/patties. There have been no beach damage claims filed by Coastal Zone Management with BP at this time. Discussion occurred on the impacts of the oil spill on local tourism. Any questions should be directed to Jack Wert, Director of Tourism. 7. Update - Hideaway Beach Renourishment. Gary McAlpin noted the dredging is in process and anticipated to occur "around the clock" for 30 days. In addition to renourishment, T -groins will be installed. Volunteers are night monitoring any impacts on Sea Turtle nesting. 8. Update - Clam Bay Dredging Permit application Gary McAlpin noted Staff continues to address questions posed by the FDEP and the public. 9. Update - Status on Staff investigation on ramifications of non-dredging of Clam Pass. Gary McAlpin noted a review of the dredging history of the Pass indicates a dredging Cycle of approximately 4-5 years. The last dredge was conducted in April 2007 with an anticipated dredge in April 2012. The modeling study to be conducted on the area will aid in refining the dredge Cycle. A permit for dredging in the event of an "emergency," will require the Governor declaring a "State of Florida Emergency." If this occurs, all the parties involved (County, Pelican Bay Foundation, Pelican Bay Services Division, etc.) will need to cooperate to ensure FDEP will issue an "emergency permit" as quickly as possible. The Committee recommended, in anticipation of a possible emergency, Staff address the "emergency permit request" concept with any necessary parties. Mr. Pires noted the Clam Bay Subcommittee has directed Staffto obtain a letter from the FDEP on the historic approvals ofthe dredging template for Clam Pass (depth and length of cut in the Pass.) 4 August 12,2010 VIII. New Business 1. Use of Fund 183 - Beach Park Facilities Monies for Emergency Advertising Gary McAlpin submitted the Executive Summary "Consideration to Redirect Beach Park Facility Funds as outlined below" dated August 12, 2010. Gary McAlpin noted the Board of County Commissioners has requested the Committee provide a recommendation on the concept of re-directing a portion of Beach Park Facility funds ($IM from Fund 183) to tourism marketing. Chairman Sorey noted the County needs to pursue a year-round marketing campaign. It will require an additional, consistent revenue stream and he recommended consideration be given to raising the Tourist Tax .5 - 1.0 percent. Mr. Hendel noted last year, the Board of County Commissioners, following a recommendation by the TDC approved redirection of$IM for FY 10 and FYll ($2M total) from Beach Renourishment funds to year-round advertising campaigns. It has since been determined that Fund 183, Beach Park Facilities, is available for re-direction. At the July 2010 TDC meeting, the Council recommended the BCC approve a redirection of $1 M from Fund 183 to a year around advertising campaign for FY 11 (in lieu of the previously approved re- direction of the beach re-nourishment funds.) a. TDC Marketing Presentation - Jack Wert The Committee viewed a Slideshow "Tourism Promotional Assistance Discussion" dated August 12,2010. He noted: . Tourist Tax revenue statistics are not yet available for July and August which would assist in determining the impacts of the oil spill on tourism in the region. · Visitors to the area, occupancy and tax collections are greater than the preVIOUS year. . The decline in the Average Daily Rate (ADR) for accomodations directly affects the amount oftaxes collected (ADR is currently an average of $ 129/room as opposed to $140 - $150 in previous years.) · The region needs to advertise year-round to maintain market share. · Statistics indicate a return on investment of $20.65 dollars for each dollar expended on marketing during last year's campaign. · The re-direction of funds approved last year allowed the County to advertise in new markets, advertise which during the peak season, and complete web site enhancements, all lead to increases in occupancy and visitors to the area. · The competitive sets of destinations did not increase expenditures in advertising and did not have significant increases in occupancy and visitation. These statistics are available through the "Smith Travel Report" and will be provided to the CA C members. · Are-direction of$IM from Fund 183 will allow Staffto continue a similar advertising campaign for FY 11. 5 August 12,2010 . The increase in visitation continues to provide for the replacement of a portion ofthe funds (approximately 50%) which were re-directed to advertising from the other sources (beach renourishment funds.) . The FY 10 advertising budget including all sources of funds was $4.2M. $5M would be optimal to market the destination year-round. Currently the FY 11 budget is proposed at $2M. Mr. Waldack noted the City of Marco Island receives approximately $14M in ad valorem tax revenue annually from the County while generating $28M in tax revenue to the County. He recommended a greater amount of the taxes from the City be allocated to advertising and promotion of the area. Jack Wert noted advertising campaigns strive to ensure the mention of Marco Island. He does not control the ad valorem tax expenditures. Mr. Burke noted it would be optimal for a permanent funding source as opposed to annual re-directions of funds and requested clarification on the source of possible revenues. Jack Wert noted the County is re-examining the allocations of the Tourist Tax funding accounts. Consideration could be given to increasing the Tourist Tax by .5% - 1%. Mr. Rios asked if the Department is investigating the re-direction of funds within Mr. Wert's Department as opposed to increasing taxation or redirecting funds from outside sources to fund the campaign. Mr. Hendel noted this is a new campaign, as previously the concept was to advertise in the summer season only. A new source of revenue would be required (as opposed to a redirection within the Department.) Mr. Raymond noted the County should ensure all possible tax revenue is being collected on single family, short term rentals. In addition, the Everglades should be a focus of promotions for European tourists. Mr. Pires asked ifbased on the current economy and reduction of consultant rates, has the Department pursued renegotiating existing contracts with the marketing firms? Jack Wert noted the existing consultants (Paradise Advertising) contract has not changed in 5 years. The Department is cognizant of a limited budget and continues to make shifts in advertising mediums such as co-op advertising, web- site enhancements which has enabled the Department to "do more with less." He is available to meet individually with any member to review the budget. Mr. Arceri questioned the position of the hotel industry on raising tourist tax rates. Jack Wert noted there are 3 hotels active in the Group Sales Market who raise approximately 50% of the Tourist Tax revenue. They are opposed to an increase in the tax as they are concerned it will have a dramatic negative impact on this 6 August 12,2010 area of business. The increase would have a more minimal effect on the leisure hotels. Mr. Pires asked how much of additional revenue in gas tax, etc., was provided to the County to date in FY 10. Jack Wert noted, the County has received an increase of $860,000 due to the increased advertising campaign. Gary McAlpin noted Staff recommends a one time re-allocation of$IM from Fund 183 to advertising. The re-direction of funds will not have a negative impact on proposed projects. He expressed concern on the concept of annual requests for re-direction of beach funds, which eventually will have a negative impact on the facilities provided, which would also impact area tourism. Discussion occurred why the Executive Summary includes Objective #2 which addresses the item regarding re-allocating Museum funding and whether it is applicable to the CAC. Gary McAlpin noted the reference was from a BCC request. He will remove the Museum funding statement from the ES. He requested the Committee take action on "Recommendations #1-4" on page 2 of the ES. Speaker Marcia Cravens recommended the advertising campaigns not only focus on beaches, but eco tourism as tourists tend to be more interested in natural areas and the related experiences as opposed to utilizing beach structures. She recommended the money be re-directed from Fund 183 and the marketing efforts be diversified. Mr. Arceri moved to approve the following recommendations by Staff and that the Objective Section of any related Executive Summary not make any recommendations on the long term solution to the funding issue: 1. The CA C support a one time re-allocation of $1,000,000 from the Beach Park Facilities Fund 183 to tourism to support the emergency marketing effort. 2. That the CAC not support any reallocation offunds that would have a detrimental effect on any existing County program or operation. 3. That the CA C not support any permanent reallocation of TDC funds from the existing allocation. 4. That the CAC support a comprehensive long term program that provides for sufficient funding to perform year round marketing of this destination that is consistent with other destinations that they are competing against. Second by Mr. Raymond. Motion carried 5 'yes" - 2 "no." Mr. Pires and Mr. Rios voted "no. " Break: 3:21 PM 7 August 12,2010 Reconvened: 3:26 PM Chairman Sorey left the meeting. 2. Peer Review Status and Discussion Gary McAlpin submitted the Executive Summary "Recommendation for the CAC to recommend approval to the BCC the changes as outlined below to the Clam Bay Peer review process with the PBSD" dated August 12,2010. Included in the ES was the document "Clam Bay Estuary Peer Review Scope of Work Revision 9" and a copy of an email from Stephen Feldhaus to Pelican Bay Foundation Board Members, Subject: "A Clam Bay Update" dated July 1, 2010 for review. The ES contains the 3 following recommendations Staff is requesting approval on: 1. Recommend to the BCC that the peer review process as authorized by the BCC on 12/15/2009 be modified to include a peer review ofthe October 2009 PBS&J technical report and a technical collaboration of the modeling program with the PB Foundation. 2. Reallocate funding from what was originally approved to provide for $4,500 for the PBSD Peer review and $25,000 for the technical collaboration of the Modeling program with the PB Foundation. 3. Approve Revision 9 of the Peer Review scope of work with the PBSD. Discussion occurred on the recommendations #2 and 3. Gary McAlpin noted: . The original concept was for a Peer Review to be completed in conjunction with the Pelican Bay Services Division (PBSD) on the Water Quality Study prepared by PBS&J and related Circulation Modeling Study for Clam Bay. . The PBSD is only interested in the Peer Review of the PBS&J Water Quality Study, not the Modeling Study. . There have been 9 revisions to the Peer Review document which is yet to be approved by the PBSD. The last revision reviewed by the PBSD was Revision 8, which was rejected. . The Pelican Bay Foundation has expressed interest in establishing a working relationship with the County for reviewing the technical issues associated with the Modeling Study. . The PBF would retain there own consultants who would provide input to County consultants on the Modeling Study. . It is proposed to revise the budget for Fund 111 to provide a reallocation of expenditures within the budget - $4500 for the Peer Review of the PBS&J study and $25,000 for the County consultant's participation with PBF on the Modeling Study. . The original direction of the Peer Review concept would need to be revised by the Board of County Commissioners. 8 August 12, 2010 . At the August 5, 2010 Clam Bay Subcommittee meeting, the Committee approved this approach which led to generation of the documents under consideration today. . He recommends removing the reference in the "Background Section" of Revision 9 of the Peer Review document which states the Peer Review individual could be from a "national estuary program." Mr. Pires recommended the title of the document "Clam Bay Estuary Peer Review Scope of Work" be amended to read "Clam Bay Estuary Peer Review Scope of Work, October 2009 PBS&J Report." Mr. Hendel moved to approve the recommendations. Second by Mr. Rios. Mr. Pires clarified the motion includes the title of the document "Clam Bay Estuary Peer Review Scope of Work" be amended to read "Clam Bay Estuary Peer Review Scope of Work, October 2009 PBS&J Report." In addition strike the language in the "Background Section" which references the Peer Review individual could be from a "national estuary program." Speakers Marcia Cravens noted the Pelican Bay Services Division reviewed only half of the document entitled "Clam Bay Estuary Peer Review Scope of Work Revision - 8 " before a vote was taken. She expressed concern that the document presented today indicates the PBSD has reviewed the entire document. She stated the proposed document with Revision #9 is not appropriate for review by the BCC, as it has not been approved by the PBSD. Tom Cravens, PBSD Board member noted the document "Clam Bay Estuary Peer Review Scope of Work - Revision 8" reviewed by the PBSD included language that the PBSD had previously rejected. The PBSD voted to reject the document. The document under consideration has not been approved by the PBSD. Gary McAlpin clarified the intent is to obtain CAC approval of the document Clam Bay Estuary Peer Review Scope of Work Revision - 9" and return it to the PBSD for their consideration. Mr. Pires clarified the motion, the vote is for approval of: 1. Recommendation #3 ("Approve Revision 9 of the Peer Review scope of work with the PBSD'') in the Executive Summary. 2. The document be forwarded to the PBSD for their review. 3. The title of the document be amendedfrom "Clam Bay Estuary Peer Review Scope of Work" to "Clam Bay Estuary Peer Review Scope of Work, October 1009 PBS&J Report. " 4. To strike the language in the "Background Section" which references the Peer Review individual may be from a "national estuary program. " 9 August 12, 2010 Motion carried unanimously 7 - O. Mr. Arceri moved to approve the recommendations #1 and 2 in the Executive Summary "Recommendation for the CAC to recommend approval to the BCC the changes as outlined below to the Clam Bay Peer review process with the PBSD" dated August 12,2010: 1. Recommend to the BCC that the peer review process as authorized by the BCC on 12/15/2009 be modified to include a peer review of the October 2009 PBS&J technical report and a technical collaboration of the modeling program with the PB Foundation. 2. Reallocate funding from what was originally approved to provide for $4,500 for the PBSD Peer review and $25,000 for the technical collaboration of the Modeling program with the PB Foundation. In addition, Staff explain to the BCC the direction the issue is going in relationship to the Pelican Bay Foundation. Second by Mr. Waldack. Carried unanimously 7 - O. 3. FDEP Cost Share Grant Applications Gary McAlpin submitted the Executive Summary "To share recently submitted Grant applications to FDEP for cost share funding with the State" dated August 12,2010 for information purposes. IX. Old Business None X. Announcements None XI. Committee Member Discussion Mr. Rios requested Gary McAlpin schedule a meeting with the Marco Island Beach Advisory Committee to tour the Marco Island beaches. Mr. Pires requested: . Any proposed changes generated through the Evaluation and Appraisal Report for the Growth Management Plan which may impact the areas under the purview of the CAC be submitted to the members for their reVIew. . Add a standing item on the Agenda for updates on the Wiggins Pass Subcommittee and the Clam Bay Subcommittee. XII. Next Meeting Date/Location September 9, 2010 - Government Center, Administration Bldg. F, 3rd Floor 10 August 12, 2010 There being no further business for the good of the County, the meeting was adjourned by order of the chair at 4:04 P.M. Collier County Coastal Advisory Committee Tony Pires, Vice Chairman These minutes approved by the Board/Committee on as presented or as amended 11