Loading...
CAC Minutes 01/13/2011 R January] 3,2011 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, January 13,20 II 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 Randolph Moity Jim Burke Murray Hendel Robert Raymond Joseph A. Moreland Victor Rios Wayne Waldack ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Colleen Greene, Assistant County Attorney Gail Hambright, Accountant Dr. Michael Bauer, City of Naples Scott Johnson, Collier County Purchasing Dept. January 13, 2011 MEETING AGENDA & NOTICE MEETING AGENDA & NOTICE COASTAL ADVISORY COMMITTEE (CAe) THURSDAY, JANUARY 13, 2011 - 1:00 P.M. BOARD OF COUNTY COMMISSIONERS CHAMBERS THIRD FLOOR, COLLIER COUNTY GOVERNMENT CENTER 3299 TAMIAMI TRAIL EAST, NAPLES, FL . Sunshine Law on Aqenda Ouestions PUBLIC NOTICE I. Call to Order II. Pledge of Allegiance III. Roll Call 1. Welcome New Committee Member - Randolph M. Moity IV. Changes and Approval of Agenda V. Public Comments VI. Approval of CAC Minutes 1. December 9. 2010 VII. Staff Reports 1. Exoanded Revenue Reoort - Gary McAloin 2. Project Cost Reoort - Gary McAloin VIII. New Business 1. Wiqqins Pass Maintenance Dredqinq - Contract 11-5633 a. Southwind Construction Corooration Prooosal b. Bid Tabulations 2. Naples Berm Restoration - Contract 11-5637 a. Proposal b. Bid Tabulations 3. Doctors Pass North Jetty Rehabilitation - Contract 11-5634 a. Kelly Brotheres. Inc. Prooosal b. Bid Tabulations 4. Clam Bay Naviqational Markers IX. Old Business X. Announcements XI. Committee Member Discussion XII. Next Meeting Date/Location February 10, 2011 - Government Center, Administration Bldg, 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 Clerk to the Board at the Board Minutes and Records Department, January 13, 2011 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: · Item VIIl.4 to be heard after VIll.I Second by Mr. Waldack. Carried unanimously 9 - O. V. Public Comments None VI. Approval of CAC Minutes 1. December 9, 2010 Mr. Hendel moved to approve the minutes of the December 9, 20]0 meeting. Second by Mr. Rios. Carried unanimously 9 - O. VII. Staff Reports 1. Expanded Revenue Report - Gary McAlpin The Committee reviewed the "Tourist Tax Revenue Report - FY 201 0 - 2011 " updated through December, 2010. 2. Project Cost Report - Gary McAlpin The Committee reviewed the "FY 2010/2011 TDC Category "A: Beach Maintenance Projects" updated through January 5, 2011, VIII. New Business 1. Wiggins Pass Maintenance Dredging - Contract #11-5633 Gary McAlpin presented the Executive Summary "Recommendation to approve award of Contract #11-5633 for Wiggins Pass Maintenance Dredging to Southwind Construction Corp" as outlined in their attached proposal submitted on 1/5/2011 for a unit price not to exceed contract total of$750, 000 and authorize the Chairman to execute the contract ajler County Attorney approval" dated January 13, 2011 and related backup documents listed below: a. Southwind Construction Corporation Proposal b. Bid Tabulations c. Reference Check d. Letter of Recommendation e. Monitoring Conditions He noted: 2 January 13, 2011 · 93 vendors purehased bid packages with 6 proposals received on January 5, 201 I. · 2 vendors were deemed non responsive due to a lack of completing a questionnaire leaving 4 bids for evaluation, · After evaluation, Southwind Construction Corp, was chosen as the "most qualified and responsive bidder," howevcr their bid ($836,092,10) was over the budgeted amount of$750,000, · Subsequent to the project being released for bidding, thc Florida Department of Environmental Protection reduced the standards for the required Nephelometric Turbidity Units (NTU's), · Staff requested Southwind Construction Corp, to review their bid to see if they would adjust it to meet thc amount budgeted by the County, · Southwind Construction Corp, adjusted the bid for the project to an amount of $750,000, · Staff is requesting the CAC recommend the Board of County Commissioners approve the contract. Chairman Sorey asked if the awarding the bid to Southwind Construction Corp, is in accordanee with county purchasing policies (with respect to specification changes for the allowable NTU's after the bids were received), Scott Johnson, Collier County Purchasing Department stated the decision to award the project to Southwind Construction Corp, was within purchasing poliey requirements. The policy allows thc County to re-negotiate the bid price with the "most qualified and responsive bidder." Mr. Pires noted a Southwind Construction Corp. letter dated January 7,2011 stated they reduced their bid due to a change in specifications for the proposed work. He questioned if County purchasing policies allow the vendor to adjust the bid for the proposed work after a change in specifications, without other vendors having the opportunity to re-bid, Mr. Johnson noted County purchasing policies provide for this procedure, In addition, prior to the identifying the most qualified and responsive bidder, the bids were competitive as the bidders utilized the same set of specifications. Mr. Pires noted County policy does not specifically provide for this procedure, Mr. Johnson agreed, however it is "inherent" in the policy. Mr. Hendel noted County purchasing staff has stated awarding the contract to Southwind Construetion Corp. is in accordance with County purchasing policies, Mr. Hendel moved to recommend that the Board of County Commissioners approve the contract for South wind Constructiofl Corp. for the proposed Wiggins Pass Maintenance Dredging at a unit price not to exceed contract total of$ 750, 000. Second by Mr. Rios. Mr. Moreland noted the pass is unsafe for navigation at this time, This is having a negative impact on real estate values and business operations within the area, 3 January 13, 2011 He expressed concern on delaying the work, unless the delay is based on a legal basis, Chairman Sorey reiterated County purchasing staff has stated awarding the bid is in accordance with County purchasing policy, Mr. Pires noted he reeognizes the need for the dredging, but expressed concern with the legality of the purchasing process. Motion carried 8 'yes" - I "no." Mr. Pires voted "no." 4. Clam Bay Navigational Markers Gary McAlpin presented the Executive Summary "Update the Coastal Advisory Committee on regulatory findings and agency requirements and seek a recommendation on how to proceed with the permitting and installation of the proposed Clam Bay navigational markers" dated January 13, 2011. He noted: · On June 23, 2009, the BCC directed staff to proceed with permitting and installing navigational markers in Clam Bay, · The installation of the markers would bring the County into compliance with a previously issued 1998 US Army Corps of Engineers (US ACE) for work in Clam Bay · Installation of the markers requires permitting from the Florida Department of Environmental Protection, US Coast Guard and Florida Fish and Wildlife Conservation Commission (FWC). · The FDEP permit has not been issued, and in September of2010 the USCG permit issued for the markers expircd and the USCG notified staff a new permit would be required, · The application for a new USCG permit will require completion of an Environmental Impact Statement (ElS) or Environmental Assessment at a cost of approximately $40,000, · To develop the EIS, staff'will need the BCC to direct staff to move forward and approve a budget for the scope of work, · If the County chooses not move forward, they will petition the US ACE to "close the permit" as the County has acted in "good faith" to comply with the permit conditions. · Staff believes the USACE will accept the request to "close out the permit." · Staff suggests, if the BCC chooses not to move forward with the marking of the channel with navigational markers, all stakeholders involved (Pelican Bay Services Division, Pelican Bay Foundation, Collier County, Seagate Residents, City of Naples, etc.) determine the most appropriate means to mark the System to ensure safe navigation and prevent environmental damage, · Staff is seeking direction from the CAC on how to proceed. Speakers Marcia Cravens read an email into the record that she submitted to the members of the CAe. She recommended there be no further expenditures of public funds 4 January 13, 2011 for the installation of the red and green "navigational markers," She supports the installation of "informational and regulatory markers" as the system has been marked in this manner previously, however the markers are in disrepair. She provided samples of "informational and regulatory markers" that may be utilized in the system, Doug Finlay noted the Seagate community was established in 1958 as a boating community with access to the Gulf of Mexico, The waters north and south of the "Pass" should be marked di fferently based on the various uses within these areas (swimmer, boater conflicts, vs. eanoeists, ete,) He supports the concept of the stakeholders determining the appropriate marking of the system, Keith Dallas recommended the County not continue to pursue the marking of the ehannel with the red and green navigation markers, Ted Raia noted his conversations with the USACE indicate the informational markers are an aeceptable form of marking the system to meet the permit requirements. He supports the concept of the stakeholders determining the appropriate means to mark the system, He submitted various documents for consideration by the committee. Sarah Wu, Seagate resident noted the original permit states the main channel of the system will be marked in accordance of the requirements of the USCG, She expressed concern that the County failed to mark the channel with USCG approved markers. It is important to mark the channel safely and questions how it can be marked for navigation without utilizing USCG approved "navigation markers," She supports the eoncept of marking the channel for safe navigation and preventing environmental damage, Steve Feldhaus, Secretary, Pelican Bay Foundation urges the committee endorse the concept of the stakeholders determining the appropriate means to mark the system. Mr. Rios moved to recommend staff not to move forward with permitting the "red and green navigational markers. " In addition, supports the staff recommendation of the stakeholders expeditiously determining the appropriate means to mark the Clam Bay System to ensure safe navigation and prevent environmental damage to the area. Second by Mr. Hendel. Carried unanimously 9 - O. 2. Naples Berm Restoration - Contract #11-5637 Gary McAlpin presented the Executive Summary "Recommendation to approve award of Bid No. //-5637 for Naples Berm Restoration to Eastman Aggregate Enterprises, LLC as outlined in the attached proposal submitted on 1//2/2011 for a unit price, not to exceed total of $946,167,20 and authorize the Chairman to execute the contract after County Attorney approval" dated January 13,2011 and related backup documents listed below: a. Eastman Aggregate Enterprises Proposal b. Bid Tabulations c. BCC Executive Summary 5/11/2010 d. BCC Executive Summary 7/2712010 5 January 13,2011 He noted: · In May of20l0, the BCC authorized $1.5M to complete the scope of work including approving an "emergency resolution" in an effort to temporarily stabilize an area south of Doctors Pass, · In June/July of2010, work was undertaken to temporarily stabilize the area south of Doctors Pass with the understanding the remaining work would be completed at a later date. · Under the current seope of work proposed, the first area slated for re- nourishment is south of Doetors Pass fronting Indies West, Gulf View, Le Chateau and Royal Palm eondominiums, · Staff continues to work with Le Chateau condominiums to obtain an easement to renourish the area controlled by them. · If staff cannot reach an agreement, only the area seaward of the Erosion Control Line will be renourished in this area, · This will create a -4 foot grade change in the area and eompromise the stability of the beach renourishment. · An "alternate bid package" is for the renourishment of an area just south of Seagate Drive in the area of the Meridian and Le Parc condominiums. · In addition, it has come to staffs attention, an area further south of these eondominiums is severely eroded, · Staff is reevaluating how to deal with the area identified in the "alternate bid package" given the new information, · The options include delaying renourishment proposed in the "alternate bid package" until a solution is developed for the areas further south (in front of the Vistas and the Terraces); or to renourish the area as planned and allow the sand to migrate to the south to help "naturally" stabilize the beach in this area · He requested direction from the committee on how to proceed with the "alternate bid package" and seeks approval of the proposed contract. Mr. Hendel agreed the area south of Sea gate Drive in front of the Terraces and Vistas is heavily eroded to the point no beach exists, He recommends adding the Vistas and the Terraces to the scope of work. Chairman Sorey expressed concern immediately adding these areas to the scope of work, It will be difficult given the status of the permits, He recommended moving forward with the proposed scope of work and modifying the existing permits (ifpossible,) Gary McAlpin noted no upland structures in this area are in danger of undermine, Given this fact, immediately modifying the existing permit will be very difficult. Mr. Pires noted the owners of La Chateau may be concerned with the concept of allowing public aecess when public funds are expended on private property for beach renourishment. He recommended staff investigate the coneept of the 6 January 13,2011 condominium owners funding the renourishment in the area encompassed by private property in lieu of them granting public access easements, Mr. Hendel moved for staff to move forward with the original scope of work for the area south of Doctors Pass, the "alternate bid package" scope of work for the area south of Seagate Drive, and for staff to move expeditiously to modifY the permit to add the beaches in the area of the Vistas and Terraces to the scope of work. Second by Mr. Pires. Speaker Jane Earle, Le Parc Resident noted the beach is in a severc state of erosion in this area and supports the motion. Doug Finlay, City of Naples noted the area just south of the Horizon Way beach access is also severely eroded, He expressed concern that the current 10 year renourishment cycle is inadequate and the County should consider utilizing an 8 year cycle with a focus on long tenn solutions to the "erosion hot spots," Mr. Pires requested clarification on the status of the easements currently in place, Gary McAlpin noted the current easements in place are to repair the damaged areas including staging construction equipment, not easements for public access, Staff continues to pursue the public access easements, Mr. Moreland noted the Barefoot Beach area is severely eroded as well and recommended the committee tour the area and consider it for renourishment. Carried unanimously 9-0. Mr. Pires moved to recommend the Board of County Commissioners declare and emergency situation for the beaches in the area of the Vistas and Terraces. Second by Mr. Hendel. Carried unanimously 9 - O. Gary McAlpin noted this area will require an engineering study. The BCC will need to find the Vistas and Terraces structures are in "imminent danger" and declare an emergency to waive purchasing policies, etc, He is concerned on the timing for completing the additional scope of work due to Turtle Nesting Season upcoming in May, 3. Doctors Pass North Jetty Rehabilitation - Contract 11-5634 Gary McAlpin presented the Executive Summary "Recommendation to approve award of Contract #11-5634 for Doc/ors Pass North Jetty Rehabilitation Project to Kelly Brothers, Inc,. as outlined in their attached proposal submitted on January 7, 2011 for a unit price not to exceed contract total of $653,200 and authorize the Chairman to execute the contract after Coun(y Attorney approval" dated January 13, 2011 and related baekup documents listed below: 7 GAG February 10, 2011 VI-1 Approval of Minutes 80f8 a. Kelly Brothers, Inc. Proposal b. Bid Tabulations Mr. Moreland moved to recommend that the Board of County Commissioners approve Contract #11-5634 for Doctors Pass North Jetty Rehabilitation Project to Kelly Brothers, Inc. as outlined in their attached proposal submitted on January 7, 2011 for a unit price not to exceed contract total of $653,200. Second by Mr. Waldack. Carried unanimously 9 - o. IX. Old Business None X. Announcements None XI. Committee Member Discussion Any members requiring a hard copy packet of meeting materials should contact staff. Mr. Moreland noted the State has initiated "no new rule making" for regulatory authorities. With this in mind, the committee should formulate recommended regulatory changes for consideration by any necessary parties. Chairman Sorey requested staff to place on the agenda for the May meeting. Mr. Pires recommended staff provide any PUD's documents applicable to developing recommendations (i.e. Barefoot Beaches). In addition, to ensure consistency, identify any positions developed by any other applicable parties. XII. Next Meeting Date/Location February 10,2011 - Government Center, Administration Bldg. F, 3rd Floor There being no further business for the good ofthe County, the meeting was adjourned by order of the chair at 2:55 P.M. Collier County Coastal Advisory Committee These minutes approved by the Board/Committee on Jtrfl l ,~\ de ( I as presented X or as amended .