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CAC Minutes 10/14/2010 R Y ✓ &AI-Velmvab1125inutes Fiala RECEIVED 1 o DEC 0 9 2010 Hen g ,// Coyle Board of County Commissioners Colette MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, October 14, 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: John Sorey, III VICE CHAIRMAN: Anthony Pires John Arceri (Excused) Jim Burke Murray Hendel (Excused) Robert Raymond (Excused) Joseph A. Moreland Victor Rios Wayne Waldack ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Colleen Greene, Assistant County Attorney Gail Hambright, Accountant Misc.Corres: Date: 03 0/ Item#: / 1 Copies to: er 14, MEETING AGENDA ICE MEETING AGEN ICE COASTAL ADVIS COMMITTEE (CAC) THURSDAY,OCTOB - 1:00 P.M. TURNER BUll i ative Bui Government Center, 3301 E. Tamiami Tr . Sunshine PUBLIC NOTICE I. Call to Order III. Roll Call II. Pledge of Allegiance IV. Changes and Approval of Agenda V. Public Comme VI. Approval of CAC Minutes 1.Se a W rk Plan er Sampling * Sediment Analysis * Modeling * Dredging Permit for Tidal FI g - Channel Marker 5. Wiggins Pass Activities - Contract RFP for Completion of nnel - Maintenance Dredging Permit ightening Permit IX. Old Business 1. X. Announcements XII. N g November 10, n F, FI XI. Committee Member Disc XIII. Adjournment All interested parties i objections, if any, in writing, to d, and to regi oard prior to the meeti ir For more information, please contact Gail D. Ham t (239) 252-296 If you are a person with a disability who needs an participate in this proceeding, you are entitled, at certain assistance. Please tact the C r Cou I 3301 East Tami Trail, Na 34 mo on in 0 to you, to the p of ities agement Department ) 8380. Public comments will be limited to 3 minutes unless the Chairman grants permission for additional time. tBurtes 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 and a quorum was established. IV. Changes and Approval of Agenda Mr. Burke moved to approve the Agenda subject to the following changes: • Hearing items VIII.4—8 followed by Items VIII.1 —3 after item VI.1 Second by Mr. Moreland. Carried unanimously 6-0. V. Public Comments None VI. Approval of CAC Minutes 1. September 9,2010 Mr. Pires moved to approve the minutes of the September 9, 2010 Meeting. Second by Mr. Rios. Carried unanimously 6-0. VIII. New Business 4. RFP Wiggin's Pass Navigation Improvements Completion Gary McAlpin provided the document"Scope of Work for Preparation of Inlet Management Plan, County Environmental Impact Statement, Additional Modeling and Geotechnical Investigation for Design and Permitting of Wiggins Pass Improvements" dated October 14, 2010 for consideration. He noted: • Staff was required to obtain a Request for Proposal (RFP) for the Scope of Work due to recent changes in the (Competitive Consultants Negotiation Act) policy. • The Selection Committee unanimously determined the Scope of Work should be awarded to Coastal Planning and Engineering as they were the most qualified and had developed the project plans. • The RAI (Request for Additional Information) from the Florida Department of Environmental Protection (FDEP) has been placed on hold until a consultant is chosen. • The FDEP has now determined that in addition to the original RAI comments; additional vibracores will be required as they believe an unidentified rock ledge exists in the area which may hamper the proposed re-alignment of the channel. • The Scope of Work is to be completed at a cost not to exceed $177,489 and he requested committee approval. Mr. Pires requested clarification if staff has taken the proper procedure in seeking approval for the Scope of Work(has the BCC ratified the selection of Coastal Planning and Engineering). CAC December 9,2010 VI-1 Approval of CAC Minutes 3 of 11 1611 B5 Gary McAlpin stated he was unsure if the selection of the consultant requires ratification by the BCC. Staff will ensure the required County policies for purchasing are followed before authorizing the work. Mr. Pires noted he is under the impression BCC approval is required. Mr. Moreland moved to approve the issuance of a Work Order for the proposed work in an amount not to exceed$177,489, including time and materials. Second by Mr. Waldack. Motion carried 5 "yes"—1 "no." Mr. Pires voted "no." Gary McAlpin noted he will notify committee members by email if there are any changes to the approval procedure for authorizing the Scope of Work. 5. Work Order Emergency Dredging/Maintenance Dredge Wiggins Gary McAlpin provided the copy of a letter from Stephen Keehn, P.E., Senior Coastal Engineer of Coastal Planning and Engineering—"Subject: Beach Berm Restoration and Wiggin's Pass Dredging, Coastal Design Scope of Work under Contract No. 09-5262"and related Scope of Work dated September 29, 2010. The proposal is to combine the proposed Scope of Works to save on costs. The total Scope of Work is to be completed at a cost not to exceed $10,000 and he requested committee approval. Mr. Pires requested clarification if the proposed Scope of Work falls under the time frame when the County received an opinion from the Attorney General regarding the County's compliance with the CCNA procedure (where expenses incurred for work performed in good faith prior to a certain date would be honored by the County). Gary McAlpin stated he believes this is the case. He will verify proper CCNA procedures have been followed in proposing the work. Mr. Moreland moved to approve the proposed Scope of Work (at a cost not to exceed $10,000). Second by Mr. Rios. Carried unanimously 6-0. Mr. Pires noted his vote in favor of the motion is predicated with the understanding that proper purchasing procedures (including the BCC ratification process) have been followed in proposing the Scope of Work. 6. Work Order Doctor's Pass Jetty Gary McAlpin provided the copy of a letter from Stephen Keehn, P.E., Senior Coastal Engineer of Coastal Planning and Engineering—Subject: "Doctor's Pass North Jetty Repairs, Coastal Design Services, Collier County, Florida, Scope of Work under Contract No. 09-5262"dated September 30, 2010. The total Scope of Work is to be completed at a cost not to exceed $24,794 and he requested committee approval. Mr. Rios moved to approve the proposed Scope of Work(at a cost not to exceed$24,794 including time and materials). Second by Mr. Burke. Carried unanimously 6-0. CAC December 9,2010 VI-1 Approval of CAC Minutes 4of7� / I B5 Mr. Pires noted his vote in favor of the motion is predicated with the understanding that proper purchasing procedures (including the BCC ratification process) have been followed in proposing the Scope of Work. 7. Work Order FY 2012/13 Renourishment Studies Gary McAlpin provided the copy of a letter from Stephen Keehn, P.E., Senior Coastal Engineer of Coastal Planning and Engineering—Subject: Evaluate Conceptual Design and Modeling of Alternatives Collier County Beach Nourishment Project Scope of Work under Contract No. 09-5262"dated October 8, 2010. He noted: • The Scope of Work is for a"study" and "conceptual design" of the proposed beach renourishment. • The proposal does not include the preparation of engineered documents or bid packages. • The work should be initiated now, if not the County will lose FEMA funds provided in conjunction with damages caused by Tropical Storm Fay. • Estimated time frame for receiving the necessary permits is 1-2 years. • Staff is in the process of preparing a draft access easement document for private beach lands proposed for renourishment. • The draft easement will be provided to the CAC at the next meeting, or by email for comment. • The area of study includes Vanderbilt Beach, Park Shore Beach and Naples Beach. • It is anticipated the study will be completed within 5 —6 months. • The Scope of Work is to be completed at a cost not to exceed $147,602. Mr. Rios moved to approve the proposed Scope of Work(at a cost not to exceed $147,602 including time and materials). Second by Mr. Moreland. Carried unanimously 6-0. Mr. Pires noted his vote in favor of the motion is predicated with the understanding that proper purchasing procedures (including the BCC ratification process) have been followed in proposing the Scope of Work. 8. Cancellation of Clam Bay Subcommittee Gary McAlpin noted Staff is recommending, and the Subcommittee agrees, it has reached a point where it will be more beneficial for the main committee to address the issues associated with the Clam Bay System. Mr. Moreland moved to disband the Clam Bay Subcommittee. Second by Mr. Waldack. Carried unanimously 6-0. 1. Presentation by Jack Wert: TDC Funding Options for Year Round Advertising Jack Wert, Tourism Director presented a slideshow"Tourism Promotion Discussion" providing comments and analysis including: • The BCC approved the re-direction of$1M Beach Facilities Funds to advertising and promotion for FY 2011. CAC December 9,2010 VI-1 Approval of CAC Minutes 5of11161 B5 • The BCC requested Mr. Wert address stakeholders to assist in determining a long term solution (beginning in FY 2012) for increasing funding for tourism promotion and advertising to enable year round promotion. • Prior to FY 2010, advertising was primarily dedicated to "off season"times. • Given current economic times and the increased competition from competitive markets it is becoming necessary to promote the region on a year round basis. • The increased funds may be expended in markets not currently pursued (Boston, Cleveland, etc.). • A comparison of Collier County vs. a competitive market's utilization of funds for advertising and beach facilities/renourishment was outlined. • Many of the other destinations have Tourist Tax Rates of 5 —6%. Mr. Moreland questioned how the increase/decreases in tourism may be measured in responses to advertising. Mr. Wert noted the responses are measured by face to face interviews, comparisons with visitation statistics in other markets that haven't increased advertising budgets, tracking website visitation by market, etc. Mr. Pires noted he had to leave the meeting and is not in favor of increasing funding for advertising. In addition, with regard to item VII.5, he is not in favor of requesting a variance for turbidity levels and supports the Conservancy of Southwest Florida's position on the issue. Mr. Pires left the meeting at 2:07pm Mr. Rios expressed concern on the validity of the statistical comparisons of Collier County with the other competitive markets as the characteristics of the markets are different. Also,the research provided by companies is paid for by Collier County and the companies may have a vested interest in providing positive statistical results. Chairman Sorey noted the Tourist Development Council (which he is a member) has asked the same questions however,the statistics on "Marketing Budget per Lodging Unit" are valid and should be used for market comparison. Mr. Moreland expressed concern on reducing/reallocating funds in Beach Park Facilities and Beach Renourishment due to the areas economic dependence on the resources. Mr. Wert agreed the "Beach" is the product necessary to promote the area and supports maintaining the facilities at a high standard. The County needs to maintain its voice in the market and find a balance in the expenditures and priorities. In conclusion,the item is up for discussion and is seeking agreement from the stakeholders that: • Naples, Marco Island, Everglades needs to promote visitors year round. • The area needs more marketing funding to compete in the tourism marketplace. • They need to evaluate all current TDT use and consider re-allocations for more marketing and promotion funding. CAC December 9,2010 VI-1 Approval of CAC Minutes 6of16 1 1 85 Mr. Waldack supports year round advertising but expressed concern on re-directing funds from beach funding. Mr. Moreland supports year round advertising but does not see it as an urgent matter based on the County's current financial situation. Mr. Burke supports year round advertising and requested clarification on why the percentages of funds expended in beach operations varies drastically from market to market. Chairman Sorey noted the other markets utilize additional or alternative funding sources for beach operations (General Fund, User Fees, etc.). Mr. Rios stated the presentation and statistics has not convinced him to increase funding in advertising. Chairman Sorey supports year round marketing. The challenge facing the County is how to fund it. He favors finding additional funding sources, not re-directing existing sources. He recommends consideration is given to increasing the Tourist Tax Rate from 4 cents to 5 cents. There are statistics available on the favorable results of advertising and he urged committee members to review the statistics on the Philadelphia market, since it was a consensus of the committee to support year around advertising. Speaker Steve McIntyre, Collier County Lodging and Tourism Assoc. noted it is the hotels and motels that generate the Tourist Tax Revenue and do not support an increase in the Tourist Tax Rate to 5%. They support the year round marketing proposal and there is currently enough revenue to provide an advertising budget of$4-5M. Studies indicate tourists do not travel to the region for the museum facilities and recommended this expenditure of Tourist Development Tax Revenue be examined. He encouraged the committee (Coastal Zone Management) examine their own expenditures to determine if they can "do more with less." The Association is developing a recommendation for staff on how the Tourist Development Tax Revenue be allocated. Hotels that rely on group sales business would be negatively affected by raising the Tourist Tax 1%. 2. Summary of Renourishment Program and Costs. Gary McAlpin provided the document"Collier County Fund 195 Beaches/Inlets Revenue Vs. Expense Analysis Key Comments— 10/12/2010" dated and attached proposed Resolution "A Resolution of the Coastal Advisory Committee of Collier County, Florida Providing its Support for Year Round Destination Advertising, Support for a Fifth Percent of Tourist Development Taxes for this Purpose, and Opposition to the Reallocation of the Current Four Percent of the Tourist Development Tax" dated October 14, 2010 for consideration. The Committee requested Staff review the wording and revise as necessary to make it clear they support adding 1%to the current 4% rate making it 5 %total. Mr. Moreland moved to approve the Resolution. Second by Mr. Burke. Motion carried 4 "yes"—1 "no." Mr. Rios voted "no." CAC December 9,2010 VI-1 Approval of CAC Minutes 7of1 I B5 Chairman Sorey recommended any members with questions on the advertising budget or visitor data contact Mr. Wert. Break: 2:52pm Reconvened: 3:01 pm 3. Sediment Study Clam Bay Gary McAlpin provided the document"Summary of Preliminary Findings on Sediment Studies"for review. He noted the report indicates ambient locations sampled throughout the Clam Bay System are not compromised by pollutants. The tests conducted for the analysis could not identify the age of the sediment due to its lack of organics. The canals in Seagate have silted a depth of 5 feet the last 50 years. The reason is unknown and under investigation. Speaker Kathy Worley, Conservancy of Southwest Florida noted fine sediments naturally occur in Mangrove Systems so it is understandable why PBS&J found them present in the Clam Bay System. She stated canals, such as the ones present in the Seagate community, tend to accumulate fine sediments by the nature of their composition which explains their presence. VII. Staff Reports The Committee determined to hear item VHS followed by VIL4 5. Wiggins Pass Activities Gary McAlpin presented the document"Staff Reports Item 5.2" dated October 14, 2010 for informational purposes - Contract RFP for Completion of Channel Straightening Permit Activities The item was discussed under VIII.4 -Maintenance Dredging Permit Gary McAlpin provided the document a copy of a Memorandum from Jeff Raley of the Bureau of Natural and Coastal Resources (FDEP)to Dr. Merrie Beth Neely, Bureau of Beaches and Coastal Systems (FDEP)—Subject "JCP File No. 0142538-009—JCP — Wiggin's Pass Interim Dredging Permit Application" dated August 25, 2010. He noted: • FDEP has notified staff the permit application is complete. • The US Fish and Wildlife Service will not require a new biological opinion. • Staff is requesting a variance for turbidity levels (of the required Nephelometric Turbidity Units (NTU's)) created during the dredging. • Adherence to required NTU standards is necessary as the proposed dredging will impact areas located within the designation of"Outstanding Florida Waters" (OFW). • Previous dredges were not subject to NTU standards as the dredging activity did not involve areas identified as "OFW." CAC December 9,2010 VI-1 Approval of CAC Minutes • 8 of 11 1611 B5 • The purpose of the variance is to allow the dredging to be completed in a shorter time frame (possibly). • Staff has no cost savings estimate at this time. Speaker Nicole Ryan, Conservancy of Southwest Florida noted the Conservancy is opposed to the variance request and submitted a letter from the Conservancy to Gary McAlpin "Re: Permit No.: JCP 142538-009, Applicant: Collier County, Project: Wiggin's Pass Maintenance Dredging"dated October 7, 2010 which outlines the reasons for the Conservancy's opposition. She expressed concern the request may delay permit issuance prolonging the dredging activity required to improve navigation of the Pass. The Conservancy is working with the County on the issue, but other entities or organizations may appeal the decision if the variance is issued. Kathy Worley, Conservancy of Southwest Florida addressed the Committee expressing concern over the issue of a variance as it may lead to environmental damage to the benthic community present in the area. The benthic community is the foundation of the system and damaging it may cause detrimental conditions within the system. Gary McAlpin noted the County does not want to environmentally degrade the area, but wants FDEP to review the environmental data to determine if a variance is allowable given the existing environmental conditions found within the area under consideration. Staff intends to work with the Conservancy and FDEP to resolve the issue. Chairman Sorey polled the committee on their position of the variance request. Mr. Moreland is in favor of pursuing the request, however if it is denied or appealed,the County proceed without pursuing it further. Mr. Waldack is not in favor of pursuing the request due to environmental considerations. Mr. Burke agreed with Mr. Moreland's position. Mr. Rios agreed with Mr. Moreland's position. Chairman Sorey is not in favor of pursuing the variance request. The committee decided to proceed with the request for the variance, since the majority of the committee polled agreed. -Navigation Improvement/State Park Comments Copy provided by staff as noted above 4. Clam Bay Activities - Work Team with Foundation —Agenda/Foundation Executive Summary Gary McAlpin provided"An Update on Clam Bay,"prepared by Steve Feldhaus, dated October 2, 2010" for informational purposes. - Development of a Work Plan/Master Plan CAC December 9,2010 VI-1 Approval of CAC Minutes 9of1116 I 1 B5 Gary McAlpin presented the document"Staff Reports Item 4.2" dated October 14, 2010 for informational purposes. The document contained an email string and agenda for a proposed Clam Bay Work Group Meeting to be held in October. He provided a brief update on the following issues: * Water Sampling * Sediment Analysis * Modeling * Dredging Permit for Tidal Flushing - Channel Marker Gary McAlpin submitted a "Corrected Letter", from Ryan Snyder of the Florida Department of Environmental Protection (FDEP) dated October 8, 2010 revising the previous "Request for Additional Information." The revision requests the County address additional items outlined by FDEP. Speaker Kathy Worley, Conservancy of Southwest Florida requested clarification on a statement in Mr. Feldhaus's letter(on page 3)where seagrass was not identified outside of"Upper Clam Bay" and questions whether this should read"Lower Clam Bay." Gary McAlpin noted the comment will be brought to Mr. Feldhaus's attention. The City of Naples is now representing the interests of the Seagate Community in the "Clam Bay Work Group." 1. Expanded Revenue Report—Gary McAlpin The committee reviewed the "Tourist Tax Revenue Report—FY 2009—2010" updated through September, 2010. He identified a minor shortfall ($183, 369) for FY09/10 collections. The shortfall should not negatively affect the Coastal Zone Management Budget. 2. Project Cost Report—Gary McAlpin The committee reviewed the"FY 2009/2010 TDC Category A: Beach Maintenance Projects" updated through October 6, 2010. 3. FEMA Reimbursement—Update Gary McAlpin provided the press release "Collier County receives nearly$10 million in FEMA Reimbursement for Storm Damage" dated Oct. 6, 2010 for informational purposes. The storm damage occurred during Hurricanes Wilma and Katrina. 6. Upcoming Project Timing Gary McAlpin noted staff hopes to have the packages for review within 30 days. * Emergency Renourishment * Wiggins Pass Maintenance Dredge * Doctors Pass Jetty CAC December 9,2010 VI-1 Approval of CAC Minutes 10 of 11 1611 B5 7. Collier County Dune Restoration Sea Oat Monitoring Gary McAlpin provided a copy of a letter from Charles L. Kocur, Jr., President of Earth Balance to Pamela Keyes of Coastal Zone Management—Re: "Collier County Dune Restoration Sea Oat Monitoring" dated October 1, 2010. The report outlines results of the planting program completed in April of 2010. For the City of Marco Island, panic grasses are under consideration for future plantings. IX. Old Business 1. Peer Review Discussion/Direction Gary McAlpin provided a copy of a letter to Keith J. Dallas, Chairman Pelican Bay Services Division from Leo Ochs, County Manager—"Re: September 9, 2010 letter referencing Peer Review of the Clam Bay System Data Collection Analysis Report by PBS&J" dated September 9, 2010 for informational purposes. X. Announcements None XI. Committee Member Discussion Mr. Waldack requested staff to address the following concerns on Marco Island Beaches raised to him by Nancy Ritchie: • The possibility of utilizing different/additional equipment for moving larger amounts of sand during the grading process. • Status on the breakwaters at South Beach. • Possibly re-nourishing South Beach in 2011 —2012 (as opposed to 2013-2014). • Can sand be placed on eroded areas of Tigertail Beach? • Hideaway Beach update. Gary McAlpin noted: • The equipment required to move the larger amounts of sand may be an option to the County, however moving a large volume of sand will require permits. Staff will review the issue. • The breakwaters are under review in the current study authorized for the Marco Island Beaches. • The concept is to re-nourish all County beaches at once to save on mobilization costs. Staff is open to further discussion with Marco Island representatives on the issue. • Staff intends to develop a program to address Tigertail Beach. • Hideaway Beach improvements are underway and a more specific update will be provided at a later date. XII. Next Meeting Date/Location November 10,2010— Government Center,Administration Bldg. F,3rd Floor CAC December 9,2010 VI-1 Approval of CAC Minutes 11 of 11 1611 B5 There being no further business for the good of the County,the meeting was adjourned by order of the chair at 4:07 P.M. Collier County Coastal Advisory Committee ohn Sorey,III, Ch man These minutes approve by the Board/Committee on /oC-—q—/ as presented or as amended