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Backup Docs 09/25-26/2012 (CR) O D Or flu . . n 3F ~ m z -1 IV m �,. ,-r rD m O O in m D z r rn 3 C Opp = - C > rzn c o' 1m v --1 r- m m m th Ill 3 � � O = rn zo ' m m G) uipp m (7) 1.-1 = 3 v rmn z 0 O 70 zrn I■ --I = O Z = E = r- N m mi ^m = co CD Q a rn � w I— r) m Z.- C� � Cl7 I r r z w r" Z x › rj 0 tn -I < z • rm m p -n rnmm 0 m � � C I . �./o -t p V. C Dc � rn n LI S 0 cn E.y p I-1 2 --I --1 3 rn z n. = m co 03 n rD 00 --I D -I N 3 m to a a moo ° �� CD p Z 3 r-- ° _ c0 CD XI > C33 0 .� O. 0 -I cf.) o o � ... . p z -1Q x H xi > 0oN �' lV p v m0 � _ 3 72 v m 0, 0) mzrnp vf 73 rnr0 v, C it -I .rn Z 0 rn I n v, r- � � �' a,' ', C -< D -I -I Ca _ H m D �. m m rn � -1 -{ n z O 1 O m p O 0.0 11 CO V n ,_, m c - a x m v ei. 3 � n 0 N m b A 9 1 3 a 3D1- Z m m QN � m 3 r IL-. 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A number of dredge and nourish options had been considered simultaneously and now a choice has been made, by the Costal Management Department (CM) Staff and their engineering consultant Costal Planning and Engineering (CPE) to advance for consideration by the Collier County Commission. Using the previous 2005-06 nourishment project template CM and CPE are proposing a similar operation. This similar project calls for placement of additional sand gulfward of the '05-'06 template under the pretext of "advanced nourishment" and requests permission to operate six weeks before the November first end of turtle nesting season and four weeks into the beginning of the "official" turtle nesting season which starts May 1. CM and CPE claim the extended time frame is needed in order to provide scheduling flexibility for the project. This even after a massive reduction in size and scope of a grander more time demanding "10 year" project included in earlier considerations as a major option has been withdrawn. It appears this flexibility is tied to hopes of blending the collier project with others in Lee Co, Captiva or Sarasota County, Long Boat Key or both. Apparently accommodating the nesting turtles of Sarasota Co. long boat Key and leaving our ecological trust to suffer nesting season encroachments. The plan presented to you today by Mr. McAlpin and Mr. Keene has been developed after a long term analysis of beach characteristics and behavior but considers only the dredge option for completing the larger 7C -ce task. Moving sand from the bottom of the Gulf, some thirty three miles away to off our shores where it is pumped again into submerged pipes to the shore to be distributed along the our coast thru more pipes on the beach. My interest in the beach nourishment project is that of a local citizen of thirty three years who is not bothered by being known as an environmentalist but who also strives to mitigate my environmental views by striving to contribute to the Design of options that accommodate the goals of protecting property, providing beaches for the residents and hoteliers and protecting our natural resources through a strategy of managed abundance. In other words hands off endangered species until they recover and then we can all enjoy a little turtle soup. Turtles are an indicator species showing the health of our seas and in my opinion should and can be managed to abundance this means avoiding their molestation in all ways practicable. Today I want to briefly show you a method of beach nourishment that can be used to accomplish all the aforementioned goals in a timely economic fashion with reduced interference to beach goers and with flexibility unmatched by dredging operations. Bob Krasowski Naples Fl. 239-434-0786 9/24/2012 P*7 c Collier County Inland Sand Source Truck Haul Option Economics • Provides flexibility with choice of where and when to • Bed tax dollars pass through local economy nourish. • Hot spots,public beaches and hotels are all accessible via • Estimate$11 to$15 million dollars or less for existing beach access points. • Choice on where to nourish can be made day before setup, the entire project. and adjusted according to priorities. • Dollar multiplier X1.5=$27 to$37million • Ability to avoid remaining turtle nest in October if needed. • Nourishes the beaches in more environmentally friendly dollars into local economy. fashion. • Use Local or Regional Sand Source. • No pipes spanning beaches in nesting or tourist season • Allows for sand application over a broader period of time • Sand Distribution and placement on beach stating as soon as permits are received and pausing if neccisary for nesting season. • Local Design and Engineering of project. Economics continued Recomendations • We are already planning to use truck sand at • Engage Development Services Advisory Committee in two locations. • analyzing local option. • Use engineer other than Costal Planning and • 25,000 CY @$650,000=$26 per CU Engineering to put the local proposal together. • Send RFP out for only local or both local and dredge • 1 CU=1.35 tons proposal. • 25,00 CU=33,750 tons • Keep projects separate till bids are open.Big Benefit. • Put Marsha Cravens on DSAB to help bring them get up • $650,000/33,750 tons=$19.25 a ton to speed. • Price will probably drop with economies of • Costal management staff should present to the DSAB once or twice at DSAB discretion and then stay focused scale on dredge option. More • Work an arrangement with sand source(s)to set aside sand over the course of normal operations so the work can be scheduled over the course of their regular work schedule so as to reduce the cost of erratic scheduling that takes place when a large order comes in and demands a hyper response to fill. 1 912c112 S,AN) C (4 on)o►/ 5 ►c 1 T e M �-- On 3 Aug 99 at the BCC meeting, Item 10 E... the BCC voted to challenge the new FEMA maps. In January 2001, Abe Skinner (bless his soul) for some reason, had a LiDAR topography done of Collier County along with his usual yearly aerial photos. The LiDAR wasn't available until after June 2001 and we didn't learn about it for a few months after that. That's when we started comparing it to the new Flood Insurance Rate maps. The LiDAR showed that the new flood maps were grossly inaccurate... especially for Golden Gate and Naples Park. The original FEMA maps were based on a couple of local aerial topographies and the USGS maps which were a 5 foot contour interval. 31 Jul 01, the BCC passed Resolution 2001-312 rejecting FEMA's proposed map changes. FEMA was absorbed into DHS effective March 1, 2003. The folks we were dealing with had their e-mail addresses changed from @fema.gov to @dhs.gov. On about September 2002 Collier County staff and others (Commissioner Coletta, Joe Schmitt, Dick Tomasello, Patrick White, Bob Devlin, Ken Pineau and I) met with FEMA in Atlanta and showed them the Appraiser's LiDAR superimposed on their maps. At that meeting, FEMA agreed to keep Golden Gate as a D zone and to implement the rest of the maps until Dick Tomasello had finished his restudy of Golden Gate and the Coastal surge. Golden Gate was known as the sheet 2D study. 25 March 2003... the BCC approved a contract agreement with FDEP for densification of the NGS NAVD benchmark network in eastern Collier County to facilitate the vertical surveying of flood elevation certificates. 23 Sep 2003, the BCC approved a single-vendor contract with 3001 (the LiDAR contractor) to certify their LiDAR for use in the FEMA flood zone restudy. W2 2 Then we started the process of obtaining LiDAR for the eastern developed County out to SR 29 from USACOE. The LiDARs were found to have an accuracy of within 2 ft, which was all that was required. For the next few years many requests for new LiDAR were made by Engineering and by the EAC, who requires LiDAR of new projects at each meeting. In 2008 a new LiDAR was finally flown and we received it in early 2010 and began working with it, In about June 2010, just as Jack McKenna was coming on-board, Tim Billings and I noticed that there was a consistent elevation difference between the two LiDARs and that the new LiDAR showed elevations that were approximately a foot higher than the original. Jack confirmed that and it was also confirmed within a few weeks by SFWMD. Since none of us old-timers took GIS in school, Jack, Tim, Me and the surveyor, Steve Higgins figured out a way to see which LiDAR was correct graphically... we shot the elevation of intersection centers all over the developed county. This led the BCC to fund a restudy of two basins out of 10 that showed there would be an impact by using the new LiDAR So now we have two worlds... Collier real world, and FEMA world... which is a parallel universe a foot lower than Collier real world. All the studies and all the maps are done in FEMA world, but all the surveying for LOMA's is done in Collier real world, which is a foot higher and gives a 1 ft advantage. FEMA has known about this for over 2 years. i , , T • • .r , a rr, A* 8 • . „ , i)z. fri I-I s - - G --b :117,, G ° . 1 o ?" Q .C(1 t. t .4to _ *:: A ?. .� • - 0. 3^ -b C :6 (3''ot 11 \ .■" I ?. "4"' 1 C 1 13 ° ''41 ) -6. 1 a tai.a. i m .I (%1-1 )t ;\ - ,• s -■ti a 1.4... C 4 .�D ' F' .. cci, \ . -0 _a_ ....... (I) T5--- P rt-, T- P (1111 n -1) , 3 , --1. c". 41.° P ' 0 (tip ' - IA\ • cri a r � a JLJ f iQ .. nz, O y) i ,..._ i 1422 COLLIER CO. DFIRM ZONES 2012 RURAL GOLDEN GATE ESTATES E OF 951 Legend I i i 1 RURAL ESTATES E OF 951 / - _ )1 X500 ZONE 2012 GG ! X ZONE 2012 GG AH_ZONE_2012 GG MI AE_ZONE_2012 GG J■ Mil ....... mil .* • -, Irn /Al _ Usomillal;; A_.- ill ; limi'yam;, _ i I 111111 1-1111111 \ • —1 i I II=� ,A-I j = liiilir " �� • I '1111 P-O_ _ , MP- .2 • . , F ACRES v 53405 100% 4613 9% X 500 GGEACA 7701 14% X Golden Gate Estates 39938 75% AH Area Civic Assoc. l'—' PO Box 990596 1153 2% AE Naples,FL 34116 _, www.estates-civic.org 1l /r RURAL GOLDEN GATE ESTATES- EAST OF 951 DFIRM ACRES % CLASS 53405 100% TOTAL AREA 4613 9% X 500 7701 14% X 39938 75% AH 1153 2% AE • GENERAL FEMA INTERPETATION: NO MITIGATION OR COMPENSATION IN VE, AE,AH AREAS • TO BUILD ON A FILL PAD-MUST COMPENSATE FOR VOLUME LOSS o ONLY ALLOWED IN X/X500 ZONE BELOW 100 YEAR BASE FLOOD ELEVATION TO HIGHEST GROUND WATER ELEVATION • ONLY WAY TO COMPENSATE IS TO DIG IN X/X500 ZONE • IN RURAL ESTATES IF NO COMPENSATION ALLOWED ON INDIVIDUAL LOTS-NO CONSTRUCTION ALLOWED • IF A BUILDING PERMIT HAS NOT BEEN ISSUED PRIOR TO MAY 16, 2012,THEN HAVE TO COMPLY WITH NEW RULES. • EXISTING STRUCTURE IN AE,AH ZONE: IF IMPROVEMENTS COST MORE THAN 50%OF CURRENT VALUE THEN HAVE TO MEET NEW-BASE FLOOD ELEVATION RESTRICTIONS. • APPEARS TO BE COUNTY WIDE ISSUE RECOMMENDATION: ENLIST AID OF LANDOWNERS AND PROFESSIONALS IN COMMUNITY TO DEVISE WAYS OF: • NEED AS MANY"IDEAS"AS POSSIBLE, • PURSUE DE MINNIMUS CONSIDERATION • COMPENSATION- MITIGATION OPTIONS V2s/a COLLIER CO. DFIRM ZONES 2012 2007 IMMOKALEE FUTURE LAND USE MAP t e ' � II t : III 1 ; ( ,.� v . -.‘. . ____ __. , __ „1 : d�r�e • r ''`1 , w_3, I.�.• . 7 1. G - - ----mr,-05 sim 41,1:icip; 1 I I' ■•41, i ; ____zi #r) - r• Nose ti `i G .,,„„ . _ , . , iL. __. _ „L. .. • r li r f •• "; ' . !`a ' P X , * Q OP" Legend ..a i1:) -, I l I* �.,. ,.e• its t - ED 2007 FLU ZONES IMMOKALEE 1 - - ir€1 IMM BNDY l IMMOKALEE URBAN AREA Q16764-TOTAL ACRES A ZONE 2012 ZONE ACRES AE ZONE 2012 A 344.98 2% AE 2448.89 14% AH_ZONE 2012 AH 11658.43 69% X ZONE 2012 X 1310.76 8% X500 1123.16 7% X500 ZONE 2012 GGEACA Golden Gate Estates Area Civic Assoc. �. PO Box 990596 Naples,FL 34116 www.estates-civic.org - r.,.- ■',‘,,%,...,ilk , ' a ZI t"..?'._. : o .., _,., ii I __._ :,, C - ;.-1.'44:rt,,, . - C CO CO tiiiiiigi&-4. ij[' .6144 4 r d 1• ; ■ Y F la ANN- J ._ .. .. T. •1 , - - 3N1 - 196 w G+� • o i _ - co Sil 7 ' Ii •-1-,--;:,..1--'...Litit:i .. 1 - ' ' - 1 ::,:',41,1'-°' - 3 L as. 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'(�^ ♦ "d� II -.7:-..."---r-�,'- 1 y '•adkLjsl�' _ Fl1'If'fi r"A�La' :iL'1 in.) ull" Il_�, iif:i`.._ 1�.. e. Itl'�•-0 ti gip.. { --•m.T''''k .' �."— rt. ;� IWv7 � " v NA * ' .. -i:.. !1 t 001,11if.rc. yb i14Gfs._,,, (l.par !!till it..> 5 �f- F 1 _. ::'7Iflll;•illlll II£ 0�\.,c -'9 51MI f� • •: _ 61_, -.—-,2 i -rv.�S ._L v : e, L .H., lfl 1,'lllll-��A t►, ^.��.�.....�"�",r+ s. Y { � , ' . " t, N ..dn3�noa 3 !OHS�-11-10•• r4. rr _ 61142 UNITED STATES CORKSCREW SE QUADRANGLE DEPARTMENT OF THE INTERIOR GEOLOGICAL SURVEY ZO FLORIDA—COLLIER CO. 7.5 MINUTE SERIES(TOPOGRAPHIC) 29 el --,---_,-:-;_:-.-_.:-_,.,__;...,...,___„, .. , _ Do- := _-\ \ r----. L . , . _ _ , „ _ __ _. , , L___ /~� r D - E -- -. . i , _____i_ _, , _ , , , . 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DENVEFL COLORADO SOM.OR RESTON,MOIR.22092 N2615—W0130/7R PNOTORFAISEO 1973 UNITED STATES �' V BELLE MEADE NE QUADRANGLE DEPARTMENT GGI OF THE INTERIOR m >I FLORIDA—COLLIER IS GEOLOGICAL SURVEY T.5 MINUTE DA—CO LIER CO.CRAPNIC) 36 y> _ Ysal _. , is - - - - _ - _.o _ .. _ r yv i i 4 ' -y r ) , j i ` r , ai -- - _- — — _ -_--z-:_-__:-1 a -y i -} 's _r �„ _ I n- i n • : _ — Ik ._. 1 _ _ awa s_ - _ - 1 - r 7 t ' _ --_F-._--:-_ ,-,:-=.1 a r ` _ l- �' +--•- — _7:--- e _.i I — _ .-- -.vas`°•• ° _ _ /p t X - � T x n R.xe c •s _z w^m _ _ - _ ` u m •��m�xa.wr-v ei - PA nr;e�lI pe Ur e Slxl:nS ei'n hanr�e a i uT1s59C2n&T z Se7N4s 7 ars-e I n 4 e Aa u e.m nrzn p eq a w4zm t,A. prnee n Im I :•m iu 35' m x.nw°t p SCALE EE BL 20z m Mapped,edited and oubshed by the Getaosacal Suz y ROM O ASS flGiOx'._ _=,__,—t_._,_.__—,___:. _A x' ReaaydpN — Uep1M 1'794 13ZeTn px o-M 4xw9M 'It 0 UnmpaeE art CONTOUR INTERVAL 0 Stale R*1 mneixa m T.Ea .9S.-R 2fl 505-R.ESE ocenx..w...eax.a o.:,°. x xAr .mown naxlwms °no.owi BELLE MEADE NE.FLA. _a .DENVER.COIDRMO MGM w,vx,omn�l.a Im.a.,..l lxxma.ams FOR SALE BV a io°W'ue xalana l 3T max, x�,�"'t9a3. zeoet.es.Tfaz4 .zm t9T3 inn inlai.nzw�aoz zxl9 alxczaa w rplml pFaoBMC ipraaunc xAex wxo rnepls s wvwAwne ox rtdrtsi IB nxlxs wn u s�oxn M mlxe zenw lei ISSS UNITED STATES a115(�� BELLE MEADE NW QUADRANGLE DEPARTMENT OF THE INTERIOR FLORIDA COLLIER CO....) 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In van 9155 7 M1vm xnal p�dae•apnr 'm J >® o m m evm m °Ni4 Nn NN u Laken 195E p275.5vV 1956 rnmNrw 5� rYN �T .. vo comma 9 t rune --.dp MN Kaa mo Un aM road .-._._a, T CONTOUR S W Interstate Rout* 't U 5.Route .54te Roule 00 pxalrFHmE 00.00 q tpia OJ6m Jolted land enabbsTed by wad a �e,ed i<9 SF.21 E u..R Iwr waON.OIx top"...predicted Nana Aiwa MNm T98R �k aaa,amlvaaaawawNa la rdapNal... ,NN wR SAE NV U.S.GEOLOGICAL RVEYM a BELLE MEADE NW,FLA. 18 nape the peyectnn lints 37 meten ROM metes..nUiv.n INdWMrmNraaliUS rsmlvkw an.PP0.0arnhv Palm 19a0 ww �ENVER..COLORADO.0.OR RESTON.NRRGINIA]3P4[� Wad PROW a6Ir 03a TMOORAIMIC M.ANN v �. p.e..0 pm slVS Vg.,PpNnl mutes eaernm of urban am, 6-7/2-5hz I' - I ;, • •. .s • , • A i • • •• • I • •' ▪ -- - { 1 1 mr;i•r: r • 111 - • !I - —'• ••• • • . • ___________;:___________ mm _. 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I-I,,,--:-;.-=,._1_,31-- -I:."',.-1 T".1--,-..:I-z.T,.-_,-,..,----f-.."•__---Z."- .31% - . • 32 ' • := I II II ---34-1-,*-- _ -- • • ',os .to, , - 8. 8. 8. m • • emoon 411 AZOOT I ley inn le ROAD CIASSIFICOMR SCALE I 24033 Mapped,edited,and published by the Geoloonal Survey i ee. Minim Reiheee. 1 ' , hard so.. -i-.TOGOAAIO 5Ill1. Con.et MC..115.5.5 t we_ • 100 ato ineo •oca sem nee XoT MT mr......M. oken 1951-.52 522.02 0 olanetable vine,:1952 CONTOUR INTERVAL 5 FEET ',..-:,'Inter.te RN. ',DJ 5 Re. C 501e Route CORKSCREW SW,FLA. 8aUa.I2bOCRA8a 6,0.0,,.,,,,,..900N.0021.0 1953 "=wor 1.. 5INT" 260111.42.02.0 inove Me...li.37 nal..116.1 015 89=AMMO Ave.NATIONAL AMA ACCURACN STANOMOS IS MAWS 1.8*MA IO IN*OMIT WM .1 SALE IN 0.5 GEOLOGICAL SURVEY Ti. DENVER.COLORADO 00225 Oil RESTON.VIRGINIA 72092 Cert.5.1..Noun..PT 47 5.-0.26 E.T.47 5.-R..27 S. 9 ADS-i.e.and e 485.-R V E_ ..yno RU 522.6 AM,p#oYoUEvlSeR 1981 /..tor 7 Seminole Tribe of Florida Immokalee Reservation =Cocohatchee C• =- =• = - // // I Ave Maria • Cocohatchee B •�ioi�ioi Golden Gate... ,,• olden Gate Estates Henderson Naples: akahatch: • - Union-Mille District G AREA NOT RESTUDIED Fakahatchee So nth ern Coastal Union-Strand Marco Island / f/ Everglades City-- FEDERAL EMERGENCY MANAGEMENT AGENCY n mCOLLIER COUNTY, FL MAJOR BASIN LOCATION MAP AND INCORPORATED AREAS 29 litog tti kg... usGs science for a changing world To o r a hie IlI a p g p p Symbols What is a Topographic Map? A map is a representation of the Earth, Reading Topographic Maps Or part of it. The distinctive character- Interpreting the colored lines,areas,and other symbols is the first istic of a topographic map is that the step in using topographic maps.Features are shown as points,lines, shape of the Earth's surface is shown or areas,depending on their size and extent.For example,individual by contour lines. Contours are imag- houses may be shown as small black squares.For larger buildings, inary lines that join points of equal the actual shapes are mapped.In densely built-up areas,most indi- elevation on the surface of the land vidual buildings are omitted and an area tint is shown.On some above or below a reference surface, maps,post offices,churches,city halls,and other landmark buildings such as mean sea level. Contours are shown within the tinted area. make it possible to measure the height of mountains, depths of The first features usually noticed on a topographic map are the area features,such as vegetation(green),water(blue),and densely the ocean bottom, and steep- built-up areas(gray or red). ness of slopes. Many features are shown by lines that may be straight,curved, A topographic map shows solid,dashed,dotted,or in any combination.The colors of the lines more than contours. The usually indicate similar classes of information:topographic contours map includes symbols (brown);lakes,streams,irrigation ditches,and other hydrographic that represent such fea- features(blue);land grids and important roads(red);and other roads tures as streets,buildings, and trails,railroads,boundaries,and other cultural features(black). At one time,purple was used as a revision color to show all feature streams, and Vegetation. changes.Currently,purple is not used in our revision program,but These symbols are con- purple features are still present on many existing maps. stantly refined to better relate to the features they Various point symbols are used to depict features such as buildings, represent, improve the campgrounds,springs,water tanks,mines,survey control points, appearance or readability of and wells.Names of places and features are shown in a color cor- the map, or reduce production responding to the type of feature.Many features are identified by cost. labels,such as"Substation"or"Golf Course." Consequently, within the same Topographic contours are shown.4n brown by lines of different widths.Each contour is a line of equal elevation;therefore,contours series, naps may have slightly dif- never cross.They show the general shape of the terrain.To help ferent symbols for the same feature. the user determine elevations,index contours are wider.Elevation Examples of symbols that have values are printed in several places along these lines.The narrower changed include built-up areas,roads, intermediate and supplementary contours found between the index intermittent drainage, and some letter- contours help to show more details of the land surface shape.Con- ing styles. On one type of large-scale tours that are very close together represent steep slopes.Widely topographic map, called provisional, spaced contours or an absence of contours means that the ground Some symbols and lettering are hand- slope is relatively level.The elevation difference between adjacent contour lines,called the contour interval,is selected to best show drawn. the general shape of the terrain.A map of a relatively flat area may have a contour interval of 10 feet or less.Maps in mountainous areas may have contour intervals of 100 feet or more.The contour interval is printed in the margin of each U.S.Geological Survey (USGS)map. Bathymetric contours are shown in blue or black,depending on their location.They show the shape and slope of the ocean bottom surface.The bathymetric contour interval may vary on each map and is explained in the map margin. U.S.Department of the Interior U.S.Geological Survey 9i 2 BATHYMETRIC FEATURES COASTAL FEATURES Area exposed at mean low tide;sounding Foreshore flat 'il' datum line*** y��` Channel*** ,,� Coral or rock reef , Sunken rock*** + Reel. Rock,bare or awash;dangerous BOUNDARIES to navigation • 4 National ------' Group of rocks,bare or awash '�;;; ; ............... State or territorial ———--—- Exposed wreck as .. County or equivalent ----- Civil township or equivalent Depth curve;sounding �. / Incorporated city or equivalent ------------- Breakwater,pier,jetty,or wharf Federally administered park, — — —. Seawall ---/- reservation,or monument(external) Federally administered park, Oil or gas well;platform • • reservation,or monument(internal) CONTOURS State forest,park,reservation,or —•—-—- Topographic monument and large county park Forest Service administrative area* Index Forest Service ranger district* — — — Approximate or indefinite National Forest System land status, Intermediate Forest Service lands* National Forest System land status, Approximate or indefinite non-Forest Service lands* Supplementary Small park(county or city) Depression BUILDINGS AND RELATED FEATURES Building ••M1111•°® Cut •••••• School;house of worship r t Athletic field i Fill Built-up area Continental divide Ira Bathymetric Forest headquarters* Index*** Ranger district office* i Intermediate*** Guard station or work center* Racetrack or raceway ® Index primary*** ---____-_ Primary*** ------________ Airport,paved landing strip, A. runway,taxiway,or apron Supplementary*** CONTROL DATA AND MONUMENTS Unpaved landing strip Principal point** ®3-2D Well(other than water),windmill or wind generator o• 3 U.S.mineral or location monument .USMM 438 Tanks ••• River mileage marker +Mile Covered reservoir ® Boundary monument Third-order or better elevation, Gaging station a with tablet BM 9134 BM 277 Located or landmark object(feature as labeled) • Third-order or better elevation, recoverable mark,no tablet °5628 Boat ramp or boat access* • With number and elevation 67 n 4567 Roadside park or rest area ,. Horizontal control Third-order or better,permanent mark ,Neace +Neece Picnic area With third-order or better elevation BM p Pike 52 *BM393 Campground A I With checked spot elevation p ioiz Winter recreation area* Coincident with found section corner o- Cactus I Cactus, Cemetery o;:i_IICern'!t' Unmonumented** - PROJECTION q frhb t CONTROL DATA AND MONUMENTS continued OJEC ON AND GRIDS ! Vertical control —, 39°15' 1 Third-order or better elevation,with tablet BM Neatline X 5280 90°37'30" Third-order or better elevation, Graticule tick --I 55' recoverable mark,no tablet X 528 Bench mark coincident with found BM Graticule intersection —+— -�- section corner 5280 Datum shift tick -+- Spot elevation x 7523 State plane coordinate systems GLACIERS AND PERMANENT SNOWFIELDS � Primary zone tick 640 000 FEET Contours and limits e . Secondary zone tick :247 500 METERS Ir Tertiary zone tick .260 000 FEET Formlines ��T!l gtriI Quaternary zone tick 98 500 METERS Glacial advance f--T "' �=-= % Quintary zone tick .320 000 FEET Glacial retreat F=r='s ' Universal transverse metcator grid LAND SURVEYS UTM grid(full grid) Public land survey system 273 Range or Township line UTM grid ticks* 2B9 Location approximate RAILROADS AND RELATED FEATURES Location doubtful - - - - Standard guage railroad,single track .4_,_m Protracted Standard guage railroad,multiple track +oak Protracted(AK 1:63,360 scale) Narrow guage railroad,single track _-,_ Range or Township labels R1 E T2N Section line Narrow guage railroad,multiple track ,.--__, Location approximate Railroad siding Location doubtful - - - - Railroad in highway ..... Protracted Railroad in road +---,---« Protracted(AK 1:63,360-scale) Railroad in light duty road* •... Section numbers 1 -36 Railroad underpass;overpass -.-I,-,- Found section corner —i— Railroad bridge;drawbridge .1∎11 1 I ) o t I Found closing corner _ I Railroad tunnel +---,.___.:—+ 1 Witness corner —I+� , ' , I Railroad yard Meander corner —1 MC I Weak corner* —+_ Railroad turntable;roundhouse I Other land surveys RIVERS,LAKES,AND CANALS Range or Township line Perennial stream ---_-- ---_-- Section line Perennial river �� -- -� Land grant,mining claim,donation lands ' claim,or tract - Intermittent stream --�_ — Land grant,homestead,mineral,or _,__ other special survey monument Intermittent river �_ Fence or field lines ---- —— MARINE SHORELINES Disappearing stream -----i. ----.4. Shoreline Falls,small Apparent(edge of vegetation)*** Falls,large "-" Indefinite or unsurveyed Rapids,small MINES AND CAVES Rapids,large �� {� Quarry or open pit mine X' -�_ -r=�lL Gravel,sand,clay,or borrow pit x \ / \ / Mine tunnel or cave entrance --c Masonry dam �J �J Mine shaft o 1 Prospect X �--{ nii'i'i'' Tailings V111-#11.1_ IO ( 1 IQ J L- Dam with lock I/ ` I/ Mine dump /Former disposal site or mine Dam carrying road 1 L 00/19- RIVERS,LAKES,AND CANALS-continued SUBMERGED AREAS AND BOGS Perennial lake/pond Marsh or swamp Intermittent lake/pond ` Submerged marsh or swamp Dry lake/pond 0 r ; i C.tn Wooded marsh or swamp Narrow wash --- - Submerged wooded marsh or swamp Wide wash ,jNesh- - Canal,flume,or aqueduct with lock Elevated aqueduct,flume,or conduit r .M Land subject to inundation € Aqueduct tunnel Water well,geyser,fumarole,or mud pot Spring or seep Max Pr2o�4�1 SURFACE FEATURES ROADS AND RELATED FEATURES Please note:Roads on Provisional-edition maps are not classified Levee � — 1et- as primary,secondary,or light duty.These roads are all classified as improved roads and are symbolized the same as light duty roads. Sand or mud , Send Primary highway Secondary highway Disturbed surface Light duty road Gravel beach or glacial moraine Gravel Light duty road,paved* , Light duty road,gravel* Light duty road,dirt* Tailings pond 1n Light duty road,unspecified* TRANSMISSION LINES AND PIPELINES / Unimproved road Unimproved road* = Power transmission line; 4WD road _ pole;tower --��- - Trail D road* Telephone line --- Telephone Highway or road with median strip �� Aboveground pipeline immin Underground pipeline 9 P P --- Pipeline Highway or road under construction = — Const VEGETATION Highway or road underpass;overpass _I_ Woodland 1 Highway or road bridge;drawbridge Shrubland Highway or road tunnel wye_____aymn Orchard Road block,berm,or barrier* Gate on road* Vineyard Trailhead* H Mangrove *USGS-USDA Forest Service Single-Edition **Provisional-Edition maps only. Quadrangle maps only. Provisional-edition maps were established to expedite In August 1993,the U.S.Geological Survey and the completion of the remaining large-scale topographic U.S.Department of Agriculture's Forest Service signed quadrangles of the conterminous United States.They an Interagency Agreement to begin a single-edition contain essentially the same level of information as the joint mapping program.This agreement established the standard series maps.This series can be easily recognized coordination for producing and maintaining single-edition by the title"Provisional Edition"in the lower right-hand primary series topographic maps for quadrangles containing corner. National Forest System lands.The joint mapping program eliminates duplication of effort by the agencies and results in a more frequent revision cycle for quadrangles containing ***Topographic Bathymetric maps only. National Forests.Maps are revised on the basis of jointly developed standards and contain normal features mapped by the USGS,as well as additional features required for effi- Topographic Map Information cient management of National Forest System lands.Single- For more information about topographic maps edition maps look slightly different but meet the content, produced by the USGS,please call: accuracy,and quality criteria of other USGS products. 1-888-ASK-USGS or visit us at http://ask.usgs.gov/ ISBN 0-607-96942-3 9 .780607 II IiII I II l I II*Pruned on recycled paper II i I I 91E5/12 i1 3. A blow-up of the Lakeside area from the panel map. Note how vague (useless) it is for determining your flood zone if you're close to the edge of a zone. 4. Blow-ups from the Collier County on-line DFIRM website of the south shore of the lake at Lakeside showing buildings 2841 and 2761 touched by the AE zone. 1/' .ice r Ali li /l� < /iF (Jib /✓�/f C EU VA 774 / 5. Letter from IRMS telling Lakeside that Units 2811 , 2841 , and 2861 are in the AE flood zone, because of determinations done by CoreLogic out of Austin Texas. 6. Blowup of the positions of buildings 2811 , 2841 , and 2861 in relation to the AE zone. 7 Bills for $2250 for survey and LOMA- related work to verify that the buildings are in the X-zone. Bottom line is that developments are living at the whim of a faceless, nebulous bureaucracy that wants us to have all the responsibility and none of the authority. 7(ESE thOr PS NRr AM A a a AI IN i1 MO N History: 3 Aug 99 at the BCC meeting, Item 10 E. .. the BCC voted to challenge the new FEMA maps. 9125/12 iel In January 2001 , Abe Skinner (bless his soul) for some reason, had a LiDAR topography done of Collier County along with his usual yearly aerial photos. The LiDAR wasn't available until after June 2001 and we didn't learn about it for a few months after that. That's when we started comparing it to the new Flood Insurance Rate maps. 31 Jul 01 , the BCC passed Resolution 2001 -312 rejecting FEMA's proposed map changes. Following the September 11 , 2001 attacks, Congress passed the Homeland Security Act of 2002, which created the Department of Homeland Security (DHS) to better coordinate among the different federal agencies that deal with law enforcement, disaster preparedness and recovery, border protection and civil defense. FEMA was absorbed into DHS effective March 1 , 2003. The folks we were dealing with had their e-mail addresses changed from @fema.gov to @dhs.gov. On about September 2002 staff and others (Joe Schmitt, Dick Tomasello, Patrick White, Bob Devlin, Ken Pineau and I) met with FEMA in Atlanta and showed them the Appraiser's LiDAR superimposed on their maps. At that meeting, FEMA agreed to keep Golden Gate as a D zone and to implement the rest of the maps until Dick Tomasello had finished his a[25tt2 restudy of Golden Gate and the Coastal surge. Golden Gate was known as the sheet 2D study. We then started the process of having the LiDAR certified by the contractor, 3001 , and obtaining LiDAR for the eastern developed County from USACOE out to SR 29, and coordinating with the State of Florida and the National Geodetic Service for benchmark densification and placement (to NAVD) throughout Golden Gate Estates and near the Immokalee area, 2008 LiDAR vs 2001 LiDAR... �j: { r r) /' -)tf ,vLDE A La) / ()Ai - 6 iv() j ":�►r: AT- -;,,C .._ 41(tOL • AGREEMENT NO.FC299 / COOPERATIVE 1 6 A 1 2 FUNDING AGREEMENT BETWEEN COLLIER COUNTY AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR DENSIFICATION OF NORTH AMERICAN VERTICAL DATUM 1988(NAVD 88) THIS COOPERATIVE FUNDING AGREEMENT is made and entered into by and between COLLIER COUNTY a political subdivision of the State of Florida, whose address is 3301 East Tamiami Trail East, Naples, Florida 34112, hereinafter referred to as the "COUNTY" and the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, an agency of the State of Florida, whose address is 3900 Commonwealth Boulevard, Mail Station 105, Tallahassee, Florida 32399-3000, hereinafter referred to as the "DEP." • WITNESSETH: WHEREAS, the DEP and the COUNTY desire to combine their resources and efforts to densify the North American Vertical Datum 1988 (NAVD 88) in Collier County, hereinafter referred to as the"PROJECT"; and WHEREAS the DEP and the COUNTY have agreed on the services and/or funding each shall contribute towards completing or accomplishing the PROJECT. NOW, THEREFORE, the DEP and the COUNTY, in consideration of the mutual terms, covenants and conditions set forth herein, agree as follows: PROJECT MANAGER AND NOTICES Each party hereby designates the employee set forth below as its respective Project Manager. Project Managers shall assist with PROJECT coordination and shall be each party's prime contact person. Notices or reports shall be sent to the attention of each party's Project Manager by U.S. mail, postage paid, to the parties addresses as set forth below: Project Manager for DEP: Randy Harrell, PSM. 3900 Commonwealth Blvd. Mail Station 105 Tallahassee, FL 32399-3000 Project Manager for the COUNTY: Stan Chrzanowski Engineering Review Manager Collier County Community Development,Engineering Services 2800 N. Horseshoe Drive Naples,Fl 34104 • X254,* 16412 1.1 The COUNTY'S Project Manager is hereby authorized to approve requests to extend a PROJECT task deadline set forth in this Agreement. Such approval shall be in writing, shall explain the reason for the extension, and shall be signed by the Project Manager and his/her Department Director. The COUNTY'S Project Manager is not authorized to approve any time extension which will result in an increased cost to the COUNTY or any time extension which will likely delay the final PROJECT task deadline. 1. SCOPE OF WORK Upon receipt of written notice to proceed from the COUNTY, the DEP shall perform the services necessary to complete the PROJECT in accordance with the Proposed Project Plan set forth in Exhibit "A", "B", & "C" attached hereto and incorporated herein. Any changes to this Scope of Work and associated costs shall be mutually agreed to in a formal written amendment approved by the COUNTY and the DEP prior to being performed by the DEP. 2. FUNDING The parties anticipate that the total cost of the PROJECT will be One Hundred Ten Thousand Ninety-Eight Dollars ($110,098.00). The COUNTY agrees to fund PROJECT costs up to Fifty Five Thousand Forty Nine Dollars ($55,049.00) and shall have no obligation to pay any costs beyond this maximum amount. The DEP agrees to fund PROJECT costs up to Fifty Five Thousand Forty Nine Dollars($55,049.00), and shall be responsible for all costs in excess of the anticipated total PROJECT cost. 3.1 The COUNTY shall reimburse the DEP for its share of PROJECT costs in accordance with the Project Budget set forth in Exhibits`B"& "C." Payment shall be made to the DEP within sixty(60) days of receipt of an invoice,with the appropriate support documentation, which shall be submitted to the COUNTY at the following address: c/o Stan Chrzanowski, P.E. CDES 2800 N. Horseshoe Dr. Naples,FL 34104 3.2 The DEP shall not use any COUNTY funds for any purposes not specifically identified in the above Scope of Work. 3.3 Each invoice shall include the following certification, and the DEP hereby agrees to delegate authority to its Project Manager to affirm said certification: "I hereby certify that the costs requested for reimbursement and the DEP's matching funds, as represented in this invoice, are directly related to the performance under the Densification of North American Vertical Datum 1988 (NAVD 88) Agreement between Collier County and the Florida Department of Environmental Protection (Agreement No. ), are allowable, allocable, properly documented, and are in accordance with the approved project budget. 3.4 The COUNTY'S performance and payment pursuant to this Agreement is contingent upon the Board of County Commissioners appropriating funds for the PROJECT. 9185/1 16Al2 4. CONTRACT PERIOD This Agreement shall be effective upon execution by all parties and shall remain in effect until December 31, 2003, unless terminated or extended in writing by mutual written agreement of the parties. 5. PROJECT RECORDS AND DOCMENTS Each party shall, upon request, permit the other party to examine or audit all PROJECT related records, and documents during or following completion of the PROJECT. Each party shall maintain all such records, and documents for at least three (3) years following completion of the PROJECT. All records and documents generated or received by either party in relation to the PROJECT are subject to the Public Records Act in Chapter 119, Florida Statutes. 6. REPORTING The DEP shall provide the COUNTY with any and all reports, models, studies maps or other documents resulting from the PROJECT. 7. LIABILITY Each party hereto agrees that it shall be solely responsible for the negligent acts or omissions of its officers, employees, contractors and agents; however, nothing contained herein shall constitute a waiver by either party, of its sovereign immunity or the limitations set forth in Section 768-2 8, Florida Statutes. 8. DEFAULTS Either party may terminate this Agreement upon the other party's default in complying with any term or condition of this Agreement, as long as the terminating party is not in default of any term or condition of this Agreement. To effect termination, the terminating party shall provide the defaulting party with a written"Notice of Termination" stating its intent to terminate and describing the term and/or condition with which the defaulting party has failed to comply. If the defaulting party has not remedied its default within thirty (30) days after receiving the Notice of Termination, this Agreement shall automatically terminate. 9. TERMINATION WITHOUT CAUSE This Agreement may be terminated by the COUNTY without cause upon fifteen(I5) days written notice to the DEP. Termination shall be effective upon the fifteenth (15th) day after the DEP's receipt of said notice. In the event of such termination the DEP shall be entitled to compensation for all services reasonably and properly incurred to the date of termination. 10. RELEASE OF INFORMATION The parties shall not initiate any verbal or written media interviews or issue press releases on or about the PROJECT without providing advance copies to the other party. This provision shall not be construed as preventing the parties from complying with the public records disclosure laws set forth in Chapter 119,Florida. Statutes. 11. COUNTY RECOGNITION The DEP shall recognize COUNTY funding in any reports, models, studies, maps, or other documents resulting from this Agreement, and the form of said recognition shall be subject to COUNTY approval. 12. ASSIGNMENT Neither party may assign or transfer its rights or obligations under this Agreement, including any operation or maintenance duties related to the PROJECT, without the written consent of the other party. 13. LAW COMPLIANCE Each party shall comply with all applicable federal, state and local laws, rules, regulations and guidelines, relative to performance under this Agreement. 14. DISADVANTAGED BUSINESS ENTERPRISES The COUNTY expects the DEP to use good faith efforts to ensure that disadvantaged business enterprises, which are qualified under either federal or state law, have the maximum practicable opportunity to participate in contracting' opportunities under this project Agreement. Invoice documentation submitted to the COUNTY under this Agreement shall aftsb2,_, 16Al2 include information relating to the amount of expenditures made to disadvantaged businesses by the DEP in relation to this Agreement,to the extent the DEP maintains such information. 15. SUBCONTRACTORS Nothing in this Agreement shall create, or be implied to create; any relationship between the COUNTY and any subcontractor of the DEP. 16. THIRD PARTY BENEFICIARIES Nothing in this Agreement shall be construed to benefit any person or entity not a party to this Agreement. 17. MODIFICATIONS This Agreement constitutes the entire agreement between the parties and may be amended only in writing, signed by all parties to this Agreement. 18. DOCUMENTS The following document is attached and made a part of this Agreement. In the event of a conflict of contract terminology, priority shall first be given to the language in the body of this Agreement,then to Exhibit "A." 1. Exhibit"A" Scope of Work Exhibit `B" Schedule of Costs—First Phase Exhibit "C" Schedule of Costs—Second Phase Exhibit "D" Project Map -both phases The remainder of this page intentionally left blank. R(24 1 16Al2 \\\\\\\\\\\\\„, ATTEST: _---"'",„,.1,4.,•44z4; t+ DWIGHT_- 440 'CL BOARD OF COUNTY COMMISSIONERS .. ; -,<< ;;N '; OF COLLIER COUNTY, FLORIDA■ By., j w ; . �.: . • Dlutt0C16. 1:4 Chairman's y: I. iQ,4 • .rsi 1 y CHAIRI ti . ''•• ��; 3-2.5"-o-3 Approved aktofoiliMitai e� le suff y Patrick G. White Assistant County Attorney COOPERATIVE FUNDING AGREEMENT BETWEEN COLLIER COUNTY AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR DENSIFICATION OF NORTH AMERICAN VERTICAL DAUM 1988 (NAVD 88) 16Al2 2 EXHBIT"A" SCOPE OF WORK INTRODUCTION. Collier County(COUNTY)and the Florida Department of Environmental Protection (DEP) have agreed that there are mutual benefits in the extension, densification and perpetuation of the North American Vertical Datum 88 (NAVD 88)geodetic control network. This work consists of the establishment of elevations to Second-Order, Class I leveling standards along approximately 56 miles of selected roadways in the COUNTY. This area lacks sufficient reliable vertical information and this run will provide needed control. PROJECT DESCRIPTION The work will be accomplished to rigorous federal standards with results published by the National Ocean and Atmospheric Administration(NOAA),National Geodetic Survey(NGS)as a part of the National Vertical Network. To accomplish the PROJECT, the COUNTY will contract with the Florida Department of Environmental Protection(FIDEP)to do the following: Run approximately 9.5 miles of levels (19 mile forward and reverse) to connect this PROJECT to existing NAVD 88 control in the area. Run approximately 56 miles of new levels (112 miles forward and reverse) on the selected road systems as shown on Appendix"A." Installing or recovering approximately 11 class `B" benchmarks and approximately 45 class "C" benchmarks. The approximately 56 points shall be in two forms: Type 1: Approximately 11 class `B" benchmarks shall be installed or recovered by DEP to NGS specifications. An example of a class `B" benchmark is a stainless steel rod driven to. refusal, a 5 inch diameter PVC collar placed over the stainless steel rod, an aluminum cover place atop the PVC and concrete poured around the PVC. Type 2: Approximately 45 class "C" benchmarks shall be installed or recovered to NGS specifications. An example of a class "C" benchmark is a poured in place concrete monument with a brass survey disk set in the top of the monument. The concrete monument shall be 42 inches deep, 12 inches in diameter and bellied at the bottom. Collect data,elevations, In NAVD 88, for all benchmarks in the level loop, create benchmark "to reach" descriptions and benchmark location descriptions. • f5fi2111 16Al2 16A Submitting all data in blue book format to NGS for review, approval and entering into the National Vertical Network. The DEP shall notify the COUNTY when the data has been approved by NGS and is available through the National Vertical Network. PERFORMANCE SCEDULE The field work for this PROJECT shall begin within 90 days of the issuance of the notice to proceed pursuant to Article 2 of this Agreement and shall be completed by December 31, 2003. The data shall be filed with NGS no later than January 31, 2004. PROJECT BUDGET See Exhibits`B"&"C". The remainder of this page intentionally left blank. Florida Department of Environmental Protection,Bureau of Survey and Mapping 1 6 A 1 2 (850)245-2606 fax(850)245-2645 EXHIBIT "B" COST ESTIMATE FOR A 2nd ORDER CLASS I VERTICAL LEVEL UNE 2003 NEW LEVEL UNE ALONG: GOLDEN GATE BLVD, EVERGLADES BLVD, DESOTO BLVD, 1.9 MILES OF CR 858, 1 MILE ALONG WILSON BLVD &4 MILES ALONG 18th AVENUE N.W. THIS INCLUDES: APPROXIMATELY 97 MILES TOTAL OF 2nd ORDER CLASS I VERTICAL LEVELS ABOUT 42 MILES OF NEW LEVELS,ONE BENCHMARK WILL BE INSTALLED OR RECOVERED PER MILE PLUS ABOUT 5.5 MILES OF LEVELS TO CONNECT THIS UNE WITH EXISTING LEVEL LINES A TOTAL OF APPROXIMATELY 48.5 MILES FORWARD AND 48.5 MILES BACK AND (1) INSTALLING OR RECOVERING APPROXIMATELY a CLASS'B'BENCH MARKS, EXAMPLE:STAINLESS STEEL ROD MARK DRIVEN TO REFUSAL (2) INSTALLING OR RECOVERING APPROXIMATELY 34 CLASS'C'BENCH MARKS, EXAMPLE:POURED CONCRETE MONUMENT(42'DEEP X 12'DIA.,BELLIED) (3) RECOVERING APPROXIMATELY 10 EXISTING BENCHMARKS TO BE USED FOR 2nd ORDER TIE (4) DESCRIBING,TYPING AND PLOTTING ON QUAD MAPS ALL BENCH MARKS (5) SUBMITTING ALL DATA TO NOS FOR BLUE BOOKING IN THE NATIONAL VERTICAL NETWORK (5) TRAVEL TIME,DOWN TIME(RAIN,ETC.)TRANSPORTATION,PER DIEM,SALARY&BENEFITS FIELD/SUPERVISION $3,646 FIELD/RECON $2,863 FIELD/INSTALLING BENCH MARKS $9,856 FIELD!DESCRIBING,TYPING AND PLOTTING ON $4,296 QUAD MAPS ALL BENCH MARKS FIELD/LEVEUNG $35,259 OFFICE/SUPERVISION 52,736 OFFICE/COLLECTING,QA AND PROCESSING DATA $4,067 OFFICE/SUPPORT $2,235 IMATERIALS 55,460 STAINLESS STEEL RODS,CONCRETE,WP POSTS,LOGO CAPS,ETC. SUB-TOTAL $70,418 REPAIRS AND REPLACEMENT OF EQUIPMENT(10%OF SUB-TOTAL) $7,042 OVERHEAD 6%OF SUB-TOTAL $4 TOTAL $81,685 FDEP PART OF THIS PROJECT- 50% OF TOTAL $40,842 COLLIER COUNTY PART OF THIS PROJECT- 50% OF TOTAL $40,542J Cooperative Funding Agreement Exhibit Bads Prepared by Randy Harrell 3/11/20003 1/24, TABLE 4: SFHA ZONE DEFINITION Zone Name ZONE SFHA SYMBOL Description underway. Zone X (500- X500 Out 11 An area inundated by 500-year flooding; year) an area inundated by 100-year flooding with average depths of less than 1 foot or with drainage areas less than 1 square mile; or an area protected by levees from 100-year flooding. Zone X X Out 12 An area that is determined to be outside the 100- and 500-year floodplains. 100-year 100IC In 13 An area where the 100-year flooding is Flood contained within the channel banks Discharge and the channel is too narrow to Contained in show to scale. An arbitrary channel Channel width of 3 meters is shown. BFEs are not shown in this area, although they may be reflected on the corresponding profile. 500-year 500IC Out 14 An area where the 500-year flooding is Flood contained within the channel banks and Discharge the channel is too narrow to show to Contained in scale. An arbitrary channel width of 3 Channel meters is shown. Floodway FWIC In 15 An area where the floodway is contained Contained in within the channel banks and the Channel channel is too narrow to show to scale. An arbitrary channel width of 3 meters is shown. BFEs are not shown in this area, although they may be reflected on the corresponding profile. Flood Prone FPQ In 16 An area designated as a "Flood Prone Area Area" on a map prepared by USGS and the Federal Insurance Administration. This area has been delineated based on available information on past floods. This is an area inundated by 100-year flooding for which no BFEs have been determined. Area in SFHA IN In 17 An area designated as within a "Special Flood Hazard Area" (or SFHA) on a FIRM. This is an area inundated by 100-year flooding for which BFEs or velocity may 20 FEMA Map Service Center- FEMA Flood Zone Designations Pag 1 f 2 gI2SI(Z FEMA Map Service Center Product Catalog Map Search I Quick Order I Digital Post Office I Help Log on Home > FEMA%20FIood%20Zone%20Designations Definitions of FEMA Flood Zone Designations Flood zones are geographic areas that the FEMA has defined according to varying levels of flood risk. These zones are depicted on a community's Flood Insurance Rate Map(FIRM)or Flood Hazard Boundary Map. Each zone reflects the severity or type of flooding in the area. Moderate to Low Risk Areas In communities that participate in the NFIP,flood insurance is available to all property owners and renters in these zones: ZONE DESCRIPTION Area of moderate flood hazard,usually the area between the limits of the 100-year and 500-year floods.Are also B and X(shaded) used to designate base floodplains of lesser hazards,such as areas protected by levees from 100-year flood,or shallow flooding areas with average depths of less than one foot or drainage areas less than 1 square mile. C and X(unshaded) Area of minimal flood hazard,usually depicted on FIRMs as above the 500-year flood level. High Risk Areas In communities that participate in the NFIP,mandatory flood insurance purchase requirements apply to all of these zones: ZONE DESCRIPTION Areas with a 1%annual chance of flooding and a 26%chance of flooding over the life of a 30-year mortgage. A Because detailed analyses are not performed for such areas;no depths or base flood elevations are shown within these zones. AE The base floodplain where base flood elevations are provided.AE Zones are now used on new format FIRMs instead of A1-A30 Zones. Al-30 These are known as numbered A Zones(e.g.,A7 or A14).This is the base floodplain where the FIRM shows a BFE(old format). Areas with a 1%annual chance of shallow flooding,usually in the form of a pond,with an average depth ranging AH from 1 to 3 feet.These areas have a 26%chance of flooding over the life of a 30-year mortgage. Base flood elevations derived from detailed analyses are shown at selected intervals within these zones. River or stream flood hazard areas,and areas with a 1%or greater chance of shallow flooding each year,usually AO in the form of sheet flow,with an average depth ranging from 1 to 3 feet.These areas have a 26%chance of flooding over the life of a 30-year mortgage.Average flood depths derived from detailed analyses are shown within these zones. Areas with a temporarily increased flood risk due to the building or restoration of a flood control system(such as AR a levee or a dam).Mandatory flood insurance purchase requirements will apply,but rates will not exceed the rates for unnumbered A zones if the structure is built or restored in compliance with Zone AR floodplain management regulations. Areas with a 1%annual chance of flooding that will be protected by a Federal flood control system where A99 construction has reached specified legal requirements.No depths or base flood elevations are shown within these zones. High Risk - Coastal Areas In communities that participate in the NFIP,mandatory flood insurance purchase requirements apply to all of these zones: https://msc.fema.gov/webapp/wcs/stores/servlet/info?storeId=10001&catalogld=10001&lan... 9/9/2012 FEMA Map Service Center- FEMA Flood Zone Designations Page of 2 9 Ifrl ZONE DESCRIPTION Coastal areas with a 1%or greater chance of flooding and an additional hazard associated with storm waves. V These areas have a 26%chance of flooding over the life of a 30-year mortgage. No base flood elevations are shown within these zones. Coastal areas with a 1%or greater chance of flooding and an additional hazard associated with storm waves. VE,V1 -30 These areas have a 26%chance of flooding over the life of a 30-year mortgage. Base flood elevations derived from detailed analyses are shown at selected intervals within these zones. Undetermined Risk Areas ZONE DESCRIPTION D Areas with possible but undetermined flood hazards.No flood hazard analysis has been conducted.Flood insurance rates are commensurate with the uncertainty of the flood risk. ,,iLy .uu„; ; i AQ I Site Help I Site Index I Contact Us FEMA Map Service Center,P.O.Box 3617 Oakton,Virginia 22124-9617 Phone:(877)336-2627 Adobe Acrobat Reader required to view certain documents.Click here to download. https://msc.fema.gov/webapp/wcs/stores/servlet/info?storeld=10001&catalogId=10001&lan... 9/9/2012 1[2,542, /t1 To determine the floodplain boundaries in the coastal areas,the WSELs were processed to create Triangular Irregular Networks(TINs). These were compared to the ground surface raster using GIS techniques. Whenever the TIN flood elevation was above the ground surface elevation,that area was designated either Zone AE or Zone VE,depending on the designation along the transect. If the stillwater elevation was less than the raster ground surface elevation, the area was determined to be above the 0.2-percent-annual-chance flood and was designated Zone X(unshaded). The 1-percent and 0.2-percent-annual-chance floodplain boundaries are shown on the FIRM. On this map,the 1-percent-annual-chance floodplain boundary corresponds to the boundary of the Special Flood Hazard Areas, Zones A, AE, AH, V, and VE, and the 0.2-percent-annual-chance floodplain boundary corresponds to the boundary of areas of moderate flood hazards. In cases where the 1-percent and 0.2-percent-annual-chance floodplain boundaries are close together, only the 1-percent-annual-chance floodplain boundary has been shown. Small areas within the floodplain boundaries may lie above the flood elevations, but cannot be shown due to limitations of the map scale and/or lack of detailed topographic data. For areas of the county studied by less detailed methods,only the 1-percent-annual-chance floodplain boundary is shown on the FIRM. 4.2 Floodways Encroachment on floodplains, such as structures and fill, reduces flood-carrying capacity, increases flood heights and velocities, and increases flood hazards in areas beyond the encroachment itself. One aspect of floodplain management involves balancing the economic gain from floodplain development against the resulting increase in flood hazards. For purposes of the NFIP,a floodway is used as a tool to assist local communities in this aspect of floodplain management. Under this concept, the area of the 1-percent-annual-chance floodplain is divided into a floodway and a floodway fringe. The floodway is the channel of a stream,plus any adjacent floodplain areas,that must be kept free of encroachment so that the base flood can be carried without substantial increases in flood heights. Minimum Federal standards limit such increases to 1 foot,provided that hazardous velocities are not produced. The floodways in this study are presented to local agencies as minimum standards that can be adopted directly or that can be used as a basis for additional floodway studies. Due to the nature of flooding in Collier County(coastal flooding and ponding),no floodways were computed. 5.0 INSURANCE APPLICATION For flood insurance rating purposes,flood insurance zone designations are assigned to a community based on the results of the engineering analyses. These zones are as follows: Zone A Zone A is the flood insurance rate zone that corresponds to the 1-percent-annual-chance floodplains that are determined in the FIS report by less detailed methods. Because detailed hydraulic analyses are not performed for such areas,no BFEs or depths are shown within this zone. 34 112 Art Thanks for appointing me to DSAC. One of the first things I volunteered for on DSAC was a subcommittee on the DFIRMs, but that's not why I'm here. My appearance here has nothing to do with DSAC. I was going to talk on Public Comment a few weeks before you went on summer vacation, but postponed it. I 'm here because of some FEMA issues with the subdivision where I live and because friends have told me that the same issues exist with their developments. I have some exhibits I'd like to put on the visualizer: 1 . An over all panel map of Collier County. The smallest panels appear to be about a little over 11 ,000 ft by 11 ,000 ft or about 4 square miles, with the larger panels being about 8, 16, 32 and 64 square miles. Before the age of computers, GIS, and digital mapping, panel sizes were changed as new development grew and more small panels were needed to show more detail. Panels are useless now other than for bureaucratic purposes. Changes should be done to basins and done basin-wide... not to panels. But, that's an engineering judgment. 2. The panel map for the Lakeside area with the legends explaining how to read the map. FEMA used to give away panel maps for free. From:Carole Rhodes FaxID:2396497933 Page 8 of 11 Date:07/20/12 10:22 AM Page:8 of 11 Page 1 of 1 605 Contact Name:DIANA LOLIISE TURNER STANDARD FLOOD HAZARD Contact Phone:22 39639-1444 DETERMINATION Contact Email: pttunerOIRMS INC.cons Contact Fax: 239649-'933 SECTION I-LOAN INFORMATION 1.LENDER NAME AND ADDRESS 2.COLLATERALsB+dlrlingMobileHoure%Persona/Property) PROPERTY ADDRESS(Legal De.teriinion may he rowelled, Ca:t iedAddress: • 2861 'ITRUS LAKE DR REQUESTER: ES FL 34109 3.LENDER ID.NO 4.LOAN IDENTIFIER 5.AMOUNT OF FLOOD INSURANCE REQUIRED SECTION II A.NATIONAL FLOOD INSURANCE PROGRAM(NFIP)COMMUNITY JURISDICTION 1.NFIP Community 3. Name 2.Countv(ies) State 4.NFIP Community Number COLLIER COUNTY UNINCORPORATED 120067 FL AREAS B.NATIONAL FLOOD INSURANCE PROGRAM(NFIP)DATA AFFECTING BUILDING. MOBILE HOME 1.NFIP Map Number or CommsWty-Panel 2.NFIP Map Panel 3.LOMA'LOMR 4.Flood Zone •S.No NFIP Map Number Effective' Revised Date (Community name.if not the same as"A") 120067-0382-H 5-16-2012 No AE No C.FEDERAL FLOOD INSURANCE AVAILABILITY(Cluck all Arm apply) (X)Federal flood Insurance is available(community participates in NFIP). (X)Regular Program ( )Emergency Program of NFIP ( )Federal Flood Insurance Is not available because the community Is not p artidpating in the NFIP ( )Building/Mobile Home Is in a Coastal Barrier Resource Area(CBRA)or Otherwise Protected Area(OPA),Federal Flood Insurance may not be available CBRA!OPA Designation date: D.DETERMINATION IS BUILDING/MOBILE HOME IN SPECIAL FLOOD HAZARD AREA (ZONES BEGINNING WITH LETTER "A" OR t rt)? [X] YES [] NO If yes.flood instuance is required by the Flood Disaster Protection Act of 1973. If no.flood instuance is not required by the Flood Disaster Protection Act of 19'3. E.COMMENTS: This good determination is provided solely for the use and benefit of the entity named in Section 1,Box 1 in order to comply with the 1994 Reform Act and may not be used for or railed upon by any other entity or individual for any purpose,inchnding,but not limited to deciding whetne•to purchase a property or determining the value of a property. Determination No. Borrower: MSA: 3494() State/County Code: 12-0067 C01_12076976 72 Reg.Pgm.Entry: 9-14-1979 Parcel No: BFE: 10.5 BFD: Legal Description: Det Re(ID: 11099892 This determination is based on examining the NFIP map.and any Federal Management Agency revisions to it.and any other infam ation needed to locate the building mohile home on the NFIP map. • PARER'S- • '4Y. r NAME.ADDRESS DATE OF DETERMINATION CoreLogic Flood Services 11902 Burnet Road 7-19-2012 ustin, TX 78758 G.Prior . . mite In( • 1.NFIP Map Nmnbe•or Community-Panel 2.NFIP Map Panel 3.LOMALOMR 4.Flood Zone Determination Number Effective. Inquiries: Revised Date 300-371- 120067-0335-G 11-17-2005 No X 0061 '7', A!,WI1^I From:Carole Rhodes FaxID:2396497933 Page 7 of 11 Date:07/20/12 10:22 AM Page:7 of 11 Page 1ofl I1-5 Contact Name:DIANA LOUISE TURNER STANDARD FLOOD HAZARD Contact Phone:2 39649-1444 DETERMINATION Conrad Email: ptnrner IRMSINC.can Contact Fax: 239649-'933 SECTION I-LOAN INFORMATION I.LENDER NAME AND ADDRESS •2.COLLATERAIiBuildiug iobik+Nwne Personal Properivi PROPERTY ADDRESS(Legal Description sitar he attached, Certified Address: 2841 'ITRUS LAKE DR REQUESTER: ' - " ES FL 34109 3.LENDER ID.NO 4.LOAN IDENTIFIER 5.AMOUNT OF FLOOD INSURANCE REQUIRED • SECTION II A.NATIONAL FLOOD INSURANCE PROGRAM(NFIP)COMMUNITY JURISDICTION 1.NFIP C'omniunity 3. Name 2.Counh(ies) State 4.NFIP Community Number COLLIER COUNT 1' UNINCORPORATED 120067 FL AREAS B.NATIONAL FLOOD INSURANCE PROGRAM(NM)DATA AFFECTING BUILDING. MOBILE HOME 1.NFIP Map Number or Community-Panel 2.NFIP Map Panel 3.LOMA'LOMR 4.Flood Zane 5.No NFIP Map Number Effective/ Revised Date (Connuuuty name.dlnot the same as"A") 120067-0382-H _ 5-16-2012 No _ a No C.FEDERAL FLOOD INSURANCE AVAILABILITY(Cheek all that apply) (X)Federal Flood Insurance is available(community pantidpates in NFIP). (X)Regular Program ( )Emergency Program of NFIP ( )Federal Flood Insurance Is not available because the community is not par in the NFIP ( )Building/Mobile Home Is in a Coastal Barrier Resource Area(CBRA)or Otherwise Protected Area(OPA),Federal Flood Insurance nay not be available CBRArOPA Designation date: D.DETERMINATION IS BUILDING/MOBILE HOME IN SPECIAL FLOOD HAZARD AREA (ZONES BEGINNING WITH LETTER "A" OR"V".)? [XI YES [I NO If yes.flood i n:nuance is required by the Flood Disaster Protection Act.of 1973. If no,flood insu nmce is not required by the Flood Disaster Protection Act of 1973. E.COMMENTS: This flood detemminatian is provided solely for the use and benefit of the entity named in Section 1,Box 1 in order to comply with he 1994 Reform Act and may not be used for or relied upon by any other entity or individual for any purpose,including,but not limited to deciding Tether to pm:clase a property or determining the value of a property. Determination No. Borrower. DMA: 34940 State/County Code: 12-0067 col_120769'375 Reg.Pgm.Entry: 9-14-1979 Parcel No: BFD: to' Legal Description: Det Ref ID: 11099869 ris detemnination is based on examining the NFIP neap.and any Federal Management.Agency revisions to it.and any other unfanmtion needed to locate the wildin insobile liutfeo on F. !PARER'SINFORMATIO 'AME.ADDRESS DATE OF DETERMINATION j CoreLogic Flood Services 111902 Burnet Road 7-19-2012 ustin, TX 78758 G.Pr ' ' ormatlon 1.NFIP Map Nunbe•or Community-Panel 2.NFIP Map Panel 3.LOMA'LOMR 4.Flood Zone Determination Effective Inquiries: Number Revised Date 120067-0385-0 11-17-2005 No t 400-311- 0061 ..aa._....;_1_....: L - ._ _a Ll _I_... __�T'.__.T_.:._ail".__1___. _.. '�'AM%'1nl0.1 ittSkt Invoice Date Invoice# 8/28/2012 11742 BENCHMARK LAND SERVICES , INC. Bill To 1807 J & C Boulevard LakeSide of Naples Residence Association Naples, FL 34109 7600 North Airport Road Naples, FL 34109 P: 239-591-0778; 866-904-0778 F: 239-591-1195; 877-591-1195 contactbls @benchmarklandservices.com Benchmark# Ordered By Client File# 10605 Kathy Wood Description Invoiced Rate Amount 2811 Citrus Lake Drive 0 0.00 0.00 Naples, Fl 34109 Lakeside of Naples 0 0.00 0.00 ELEVATION CERTIFICATE - 1 more building 1 125.00 125.00 LOMA Certificates (9 buildings @ $125 per 1 1,125.00 1,125.00 building) Total $1,250.00 Thank you for the order, your business is appreciated. Payments/Credits $0.00 Balance Due $1,250.00 q*Z Invoice Date Invoice# 8/21/2012 11643 BENCHMARK LAND SERVICES , INC. Bill To 1807 J & C Boulevard LakeSide of Naples Residence Association Naples, FL 34109 7600 North Airport Road Naples, FL 34109 P: 239-591-0778; 866-904-0778 F: 239-591-1195; 877-591-1195 contactbls @benchmarklandservices.com Benchmark# Ordered By Client File# 10605 Kathy Wood Description Invoiced Rate Amount 2671 Citrus Lake Drive 1 0.00 0.00 Naples, FL 34109 2875 Citrus Lake Drive Naples, FL 34109 2885 Citrus Lake Drive Naples, FL 34109 2895 Citrus Lake Drive Naples, FL 34109 2781 Citrus Lake Drive Naples, FL 34109 2841 Citrus Lake Drive Naples, FL 34109 2861 Citrus Lake Drive Naples, FL 34109 2711 Citrus Lake Drive Naples, FL 34109 Total Thank you for the order, your business is appreciated. Payments/Credits Balance Due Page 1 10/(1 Invoice Date Invoice# 8/21/2012 11643 BENCHMARK LAND SERVICES , INC. Bill To 1807 J & C Boulevard LakeSide of Naples Residence Association Naples, FL 34109 7600 North Airport Road Naples, FL 34109 P: 239-591-0778; 866-904-0778 F: 239-591-1195; 877-591-1195 contactbls @benchmarklandservices.com Benchmark# Ordered By Client File# 10605 Kathy Wood Description Invoiced Rate Amount Lakeside of Naples 1 0.00 0.00 ELEVATION CERTIFICATE (8 Buildings at $125 1 1,000.00 1,000.00 per building) Total $1,000.00 Thank you for the order, Payments/Credits $0.00 your business is appreciated. - Balance Due $1,000.00 Page 2 5/2-5/1 4r/ w U ® J mM < < k � / O - / q � $ k -00 C- / \ 2 $ f « « �� > & �� - - & r & < ■ O »_ - �- � - �- -/- _` 3 + - I0 .0 � � 7 ¢� �& $ 0 $ 220 al � ¢3C � 2 O ■ R e § ® 2 - 2 6 § ] a © § « ! j 2 - 0 0 Ce � � � } / � / 4. 2z 0jam ¢ 0 " 0 0 0 u I— CO I 0_ \ / ON 2 a4 N - 3 >-cr Co . ? i_ E2 ) s - Z Z w § a E 2 / o LL 0 2 _1 wr4 � 0 0 _ a. N2 <ar 0, 3 X < Z0 k ( ® f OCI ok Z Z * 0Z ( 0 O0 > < U. co Ili Ce * 0 L1.1 CO Z o < o e J ce < 2 N. w u Q 0£ © 3 6 - 2 > - 3 - & R o I— W « Z w .0 3 z n Q ° ƒ k ƒ >_ o o § 0 rt eL - w W Ce O w J U i is ■ p Z Lij o ^ = ^ D UJ \ \ g / \ < Z ~ ~ Q � % \ � \ } w § I < % 4"05 \ \ j ƒ z 0 / �k � › kkk ■ e $ /\ / � /\ _ - 0 0 0 0 0 0 % § 8 0 a 0 { e © % 2a + § 5a } w 2 3 b z 3 & Table 6 fcf(2- .04 NGVD 29 NAVD 88 14' 14' ZONE AE BASE FLOOD ELEVATION ZONE AE (EL.14') (EL.13') —12' 12' 10' 10' 8' 8' 6' 6'_ (EL 6.00') STILLWATER ELEVATION (EL.4.70') 4, 4' 2, (EL 2.97') BENCHMARK (EL 1.67') — 2' p— =1.30' NAVD of1988— NGVD of 1929 The difference between NGVD 1929 and NAVD 1988 Is 1.30' NAVD 88-NGVD 29-1.30' This schematic illustrates the differences in BFEs due to datum conversion only Figure 4. Collier County Vertical Datum Conversion 4.0 FLOODPLAIN MANAGEMENT APPLICATIONS The NFIP encourages State and local governments to adopt sound floodplain management programs. To assist in this endeavor,each FIS report provides 1-percent-annual-chance floodplain data,which may include a combination of the following: 10-percent, 2-percent, 1-percent, and 0.2-percent-annual-chance flood elevations; delineations of the 1-percent and 0.2-percent-annual-chance floodplains;and a 1-percent-annual-chance floodway. This information is presented on the FIRM and in the Summary of Stillwater Elevation tables. Users should reference the data presented in the FIS report,as well as additional information that may be available at the local community map repository,before making flood elevation and/or floodplain boundary determinations. 4.1 Floodplain Boundaries To provide a national standard without regional discrimination,the 1-percent-annual-chance flood has been adopted by FEMA as the base flood for floodplain management purposes. The 0.2-percent-annual-chance flood is employed to indicate additional areas of flood risk in the community. For riverine areas,the 1-percent and 0.2-percent-annual-chance flood elevations were computed at each individual model grid cell. These values were used to create a raster surface of the WSEL at the grid scale. This raster surface was compared to a digital elevation model (DEM) created from LIDAR topographic data collected by 3001, Inc. in 2002 (Reference 20). A comparison of the rasters was conducted using a Geographic Information System(GIS),and all areas where the WSEL was above the ground surface elevation were designated as a 1-percent-annual-chance floodplain or 0.2-percent-annual-chance floodplain, as appropriate. To determine the boundaries between Zone AE and Zone AH,the model's depth results were used. If the flood depth was determined to be 3 feet or more above the raster ground elevation,the area was designated Zone AE. If the flood depth was less than 3 feet,the area was designated Zone AH. 33 q01 August 3, 1999 Item #10E PROPOSED JOINT MEETING WITH THE CITY OF NAPLES, CITY OF MARCO ISLAND AND CITY OF EVERGLADES CITY TO DISCUSS FEMA MAP CHANGES - COMMISSIONERS TO COORDINATE CALENDARS FOR SAID MEETING I quickly put this item on here about FEMA hoping that the board would agree that we should have a joint meeting among the cities and the county on this issue. It is -- COMMISSIONER BERRY: What did you have in mind? CHAIRPERSON MAC'KIE: Well -- COMMISSIONER BERRY: A few little things, but what did you have in mind? CHAIRPERSON MAC'KIE: FEMA is remapping. COMMISSIONER BERRY: Yeah, I know. CHAIRPERSON MAC'KIE: Okay. COMMISSIONER BERRY: But what -- what ' s your -- help me -- MR. FERNANDEZ: I ' ll speak to that. The question is whether to -- how to go about the questioning or challenging the boundaries that have been established by FEMA in terms of the flood plain, whether the lines are accurately drawn or not . I think the question is whether it 's prudent to spend a lot of money for a consultant to do that. COMMISSIONER CONSTANTINE: And boiled down, Barb, to -- to -- because there have been so many natural disasters around the country in the last couple of years, FEMA's a little tight on money. One of the ways that they can get more money is alter the boundaries here as to who has to pay into the insurance plan; in our case -- COMMISSIONER BERRY: Got you. COMMISSIONER CONSTANTINE: -- flood insurance. It does not appear to be, and we haven't gone through the whole process, but it doesn't appear to be based on any factual information. They're just changing the lines for what appears to be a way of getting more money. But all of a sudden, you and me, who live eight miles inland, are now -- CHAIRPERSON MAC'KIE: Well, get flood insurance. COMMISSIONER CONSTANTINE: -- in front of that flood plain, and it 's not based on any change in any data. It's based solely on a need, it appears, based solely on a need for more money. And it 's something that will affect thousands of people and it probably is a good idea for us to fight. And I think it 's a great idea because it 's going to impact literally all the municipalities and county and everybody. COMMISSIONER BERRY: But my point is then how are you -- what -- what 's going to be the format of this meeting? Is this just a public meeting or is this -- CHAIRPERSON MAC'KIE: Let me get out the request that I had. COMMISSIONER CARTER: I think that Mr. Cautero can answer that. CHAIRPERSON MAC'KIE: Well, go ahead, Mr. Cautero. MR. CAUTERO: Vince Cautero again for the record. Development Services Advisory Committee as well as a technical group of people from the building industry and other affected individuals and engineers have been working with Bob Devlin, who is the flood plain management coordinator for the county for an interlocal agreement . Page 141 9�2�1Z August 3, 1999 He would make a presentation at this meeting, it 's my understanding, with representatives of city/county, Everglades City as well as Marco. And most likely your Development Services Advisory Committee will recommend to you tomorrow that a formal letter be sent by the chair recommending the use of a consultant. It is very likely that Bob and the staff in our Building Department would concur with that recommendation and recommend that a consultant be hired. They have a particular individual in mind, with over 30 years of experience, who has challenged data from FEMA before and been successful. And Pinellas County is going through the same exercise right now. So, I think that will all come to fruition at this meeting and I believe Dr. Woodruff sent the letter to the county asking for it to be in early September -- CHAIRPERSON MAC'KIE: Yes. MR. MANALICH: -- I believe, sometime. COMMISSIONER BERRY: But this isn't a meeting open to the public, or it is? CHAIRPERSON MAC'KIE: Yes. MR. CAUTERO: Yes. COMMISSIONER BERRY: If it is, then do you think September is a good time because a lot of the people are not here. That ' s my -- if you're looking -- if you're looking at just a staff kind of thing -- CHAIRPERSON MAC'KIE: I think the timing is important for the FEMA process. Am I right about that? MR. CAUTERO: That's correct . The timing is important to have it in September for comments. COMMISSIONER BERRY: Okay. CHAIRPERSON MAC'KIE: So, is there agreement we will coordinate calendars and -- COMMISSIONER CONSTANTINE: Great idea. Item #10F REQUEST BY SENATOR SAUNDERS FOR DISCUSSION REGARDING TITLE LOAN TRANSACTIONS - NO ACTION CHAIRPERSON MAC'KIE: Okay. The next one that I added on briefly, Senator Saunders is kind enough to be here to -- COMMISSIONER CONSTANTINE: That 's a great idea. CHAIRPERSON MAC'KIE: -- to let you -- to give us all some information about what -- the request that I have for the board today is that we ask the staff to begin the process of determining just the scope of the problem, if there is one in Collier County, and to what level the board might wish to become involved in regulating the title loan industry in Collier County. SENATOR SAUNDERS: Madam Chairman, thank you very much, and members of the commission. I think I want to thank you for putting this on the agenda today even though maybe next month would have been a little shorter meeting. I have some additional packets of information that I don't know if you have them or not. I distributed some packets of information to you, so I have five additional ones here if -- if it 's needed. Page 142 ?Wit' July 31, 2001 COMMISSIONER HENNING: That is, Community Development Environmental Service on interpretation of C-4 outside storage. Item #10A RESOLUTION 2001-312, REJECTING CHANGES TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S PROPOSED FLOOD INSURANCE RATE MAPS FOR COLLIER COUNTY - ADOPTED CHAIRMAN CARTER: I will take that next after I deal with -- have the FEMA presentation. They have not -- I believe been here. I'm over an hour late on that. And I really need to, I think, do that issue and then come back and deal with all the other issues on the agenda. So is FEMA here? I apologize for the lateness. We need to have that presentation. MR. CHARTRAND: Good afternoon, Commissioners. My name is Gene Chartrand. I'm the FEMA coordinator for Collier County. Approximately two-and-a-half years ago FEMA proposed map revisions for Collier County on incorporated areas, City of Naples, Marco Island, and Everglades City. In reviewing those proposed changes in the flood rate insurance maps, there were discrepancies noted. Street locations, other things that were not correct on the maps. FEMA did, however, correct those requirements due to more inconsistencies in the maps. We organized a committee to review the maps and made a proposal to the board, which was approved to hire a study contractor, Mr. Dick Tomasello. There were areas in Golden Gate, Golden Gate Page 144 *Sig July 31, 2001 Estates, that FEMA was proposing to take out of D zones, put into the A zones, eliminating some of the X zones, and the A zones were not given any elevations, which would not help the people out in Golden Gate at all. So through the committee, Mr. Tomasello has done 2D a study for the Golden Gate area and has come up with elevations and different calculations, and those have been presented to FEMA. We are in a process now where we are entering into an appeal process. We have asked the board at this time through a resolution that we would need passed that we are urging the passing of the resolution. I believe you also have in front of you an executive summary. COMMISSIONER MAC'KIE: I'm going to just interrupt to move approval of the resolution and thank our State Representative Goodlette for going to visit with Congressmen Goss who said that he's going to continue to fight hard for us. The resolution says it all, and I'm happy to -- I've been briefed on this. So if we need to have a more thorough presentation, I'm happy to sit, but we need to pass the resolution and send people off to work as far as I'm concerned. CHAIRMAN CARTER: Well, I'm going to second your motion, Commissioner Mac'Kie, so that we can continue. COMMISSIONER MAC'KIE: Pardon my interruption. COMMISSIONER COLETTA: I think we need a little more detail for Channel 54. This is an item of great concern, not only to Golden Gate Estates but to the coastal region. COMMISSIONER MAC'KIE: City of Naples desparately concerned about it. CHAIRMAN CARTER: And I think our position is, Commissioner -- and you're right. And maybe I can summarize this is that it's my understanding from the briefing is that we -- you know, we are going to support the resolution the same as the City of Naples, Page 145 /VI it July 31, 2001 which says we are not accepting the numbers by FEMA, that we want our own data incorporated into this study, into the model. We are therefore -- want to take it to the appeal process to do that. We're willing to support what it takes to accomplish that and continue the efforts through Congressman Goss, Representative Goodlette to pursue and make sure that we are well heard and represented as we bring this forward because we feel that FEMA's data is flawed because of what they incorporate into this does not affect the west coast of Florida in terms of storm surges. If the surge is on the east coast, it does not affect us on the west coast, and we feel that this is flawed data, and, therefore, we are asking for those incorporations. MR. CHARTRAND: That's correct. Mr. Dick Tomasello, our study contractor that is doing the studies in the coastal areas where we're having the V zones extended -- which is going to cause an impact on the esthetics of the existing structures that are there. New structures coming in would have to be elevated well above those that are existing. And Mr. Dick Tomasello is here to answer any technical questions that the board may have. COMMISSIONER MAC'KIE: I have just one question for him, if I could. CHAIRMAN CARTER: Go right ahead. COMMISSIONER MAC'KIE: Pretty simple one. Is there anything we could do to be more aggressive in our fighting on this issue? MR. TOMASELLO: Good question. I believe we did what we had to do to this point. I mean, we raised these issues to FEMA and their contractors. They began to be very cooperative, I think, a year- and-a-half, two-years ago when we started it. And we -- the questions we raised were directly toward the issues that they addressed in their restudy, in particular the wave setup, although Page 146 *SO' 'g July 31, 2001 there were a number of other issues that were brought up that would affect the stillwater flood levels, in that they pointed out the various things that made those elevations that were established back in 1984 and '86. We made those -- the point that these elevations were conservative for a number of reasons, and I don't believe that FEMA really addressed the issues outside of direct issues we made on the wave setup. The wave setup issue, we really didn't have any qualms with adding the wave setup onto flood elevations because it is -- it is a parameter that really wasn't taken into account in the original studies. The wave setup is an additional increase in water surface elevations on the open coast due to the wave action, and that's been well documented in the Corps of Engineers documents. However, we felt like the model that was established years ago in these FEMA studies may have already incorporated wave setup into it implicitly, even though, physically in the physics of the model itself, it wasn't represented, but the calibration of the models may already implicitly include wave setup. We simply -- COMMISSIONER MAC'KIE: I'm going to interrupt you. I appreciate all that information, and I remember when we sat in this room and had quite a thorough, you know -- I actually understood a lot of what you said, which is scary. But my question was, is there anything we can do right now to be more aggressive in our fight with FEMA? MR. TOMASELLO: No. I think we've got it addressed to this point, and I think we've got the proposal in hand that -- how to address it in the 90-day appeals period. COMMISSIONER MAC'KIE: Then I'm going to move approval of the resolution. COMMISSIONER FIALA: Second. Page 147 cikC_ffiti& July 31, 2001 • CHAIRMAN CARTER: We have a motion; we have a second. Do we have any speakers? MR. OLLIFF: Yes, sir. Actually, you have some FEMA representatives here who I think would like to address the board and answer any questions that you might have. Dino Longo is also here as your only registered speaker. COMMISSIONER MAC'KIE: Then to FEMA I'd like to apologize for using the word "fight with." MR. BELLOMO: I was going to ask you about that. COMMISSIONER MAC'KIE: What I mean is -- CHAIRMAN CARTER: She meant that she would like to have our data incorporated and discussed in the process, sir. MR. BELLOMO: Yes, yes. My name is Doug Bellomo, B-e-1- l-o-m-o. I'm with the Federal Emergency Management Agency. I'm with the mitigation directorate now -- the Federal Insurance Administration and Mitigation Directorate in Washington, D.C. I have a number of other FEMA folks with me as well from our regional office in Atlanta, Todd Davidson behind me. Also, Mark Vieira -- COMMISSIONER MAC'KIE: Excuse me. Do you have business cards for all of these people? If you could give those to the court reporter. MR. BELLOMO: And Todd's going to say a few words after I talk. First, I want to thank the members of your staff and the board for providing us with this opportunity to talk about the new maps and the importance they play in local development practices as well as flood insurance for the folks who live in Collier County. What I'd like to do is talk a little bit about some of the benefits of new proposed maps versus the old maps. I think we've heard a lot about some of the maybe not so tasteful sides of the maps, but there's some benefits Page 148 July 31, 2001 I think are worth mentioning before the county approves the resolution that was just put forward. I'd like to talk about outstanding technical issue of wave setup, talk about the national flood insurance program in general and how the program works, a little bit about the appeals process, and then I'd like to summarize by giving you seven things I think you need to consider before you make your decision today. First, the new maps over the old. The new maps are in digital format. The old maps are in paper. They were literally scratched into plastic. That was the methodology back in 1986. So we have digital maps that can be used in your GIS systems today to help in evacuation and preparedness, studies to help in response, to help in recovery, and also to help you implement successful mitigation programs for reducing flood losses. Second, there are no more Zone D's. We've talked about Zone D and how they are going from Zone D to approximate Zone A without any flood elevations. We are working with the county, but the fact of the matter is, there are no more Zone D's on the proposed maps, which means the insurance rates for people who purchased insurance in that area will go down. They will be required to purchase insurance if they have federally backed loans, but those rates will actually be significantly less. Third, as was already previously mentioned, the road locations, the road names, the corporate limits have all been updated since 1986. I think that's important to recognize. Fourth, we've come to agreement on the vertical datum, and that is the base from which flood elevations are measured. We're now going to show both datums on the flood maps, which is going to alleviate a lot of confusion with the surveyors and the engineers and the planners and the other people who are associated with working with these maps. Page 149 q'ZS r 4 July 31, 2001 And fifth, although some may disagree, the methodologies that are being used to generate flood hazards in these areas are better than they were in 1986. And they are more up -to -date. COMMISSIONER MAC'KIE: But they may have some flaws. MR. BELLOMO: They may have some flaws. Although I would beg to differ. There is that possibility, I guess. I'd like to extend some credit to the committee. Two-and-a-half years ago we entered into this process, and a lot of those improvements I just mentioned would not have been possible without their help. So I would like to thank them for all their diligence. We are currently working -- I think Tomasello is working on improving the now analysis in Golden Gate Estates. We hope to get flood elevations on the maps for that area, and I'm optimistic that we'll be able to do that. Some of the outstanding technical issues; there are a lot of details. We just got a flavor for them a few minutes ago, and I don't want to get into a lot of detail, but it does boil down, essentially, to a disagreement over the wave setup magnitude. COMMISSIONER MAC'KIE: Right. MR. BELLOMO: What is the wave setup? Dick described it. Super elevation of the water surface elevations due to waves propagating inland. There are really three main components to flood elevation. I'm sure you've heard this before. You've already been briefed. The main component is the surge elevation. In Collier County that ranges from 10 to 12 feet. The second component is the wave setup component, which ranges anywhere from one to three feet in Collier County. COMMISSIONER MAC'KIE: The surge numbers are what, again, one to ten? MR. BELLOMO: Ten to twelve feet. Page 150 912;1(2 .4 July 31, 2001 COMMISSIONER MACKIE: Ten to twelve. MR. BELLOMO: Ten to twelve. 1 he wave setup magnitude is one to three feet, and the wave crest magnitude var1es, depending on where you are from anywhere from zero to five. So in terms of magnitude you get a good idea of what wave setup means in terms of ;r.. w the final flood elevation. i think that's important. We did -- iiEiviA did start adding wave setup to its standard iiie hodoiogies back in 1989. In 1986 they were not part of the standard methodologies. And they are considered nationwide for all u c � cuast. So things are not different here than they are in the rest of the country. T I� i I Can sort of try and simpiify the issues and express what I understand to be the issues that the committee has brought up. They believe that anywhere from a hail a root to a toot of wave setup was what they're calling implicitly included in the 1986 study. It was not directly included. it's very well documented in the methodology that the models do not incorporate that additional consideration. But they're saying in how the model was implemented, it was implicitly included. They've actually recommended using a half a foot of wave setup for this study, and they basically derive that elevation by taking the 1.4 feet that we've recommended and subtracting out the implicit conclusions in 1986. So that's my simplified understanding of what the issue is. We have searched all of our administrative record dating back to 1986 and prior. We have looked at all our documentations, all our manuals, all those other things, and we have, quite honestly, hoped to find proof that this implicit conclusion was in that documentation so we could move forward. But we've been unsuccessful. We haven't been able to find anything. Nor have we been provided with any kind of documentation that it was implicitly included when it was run. So it's very difficult from a scientific standpoint to just take this Page 15 1 , r : °NZ .41 Iiilr 11 argument and run with it as much as T wniiki 1ik tn We haxrp-n't been provided with any documentation. So really there are three thino-Q that ni-F.174=wit lie frnm argument. One is that it's undocumented we ye ;lad tiarcc consuitaiiis look at tins issue. We have iiiiiiii 111CMOUS Will applications. we nave nad Dewberry and liavis in r airrax, aria we nave nal Baird look at the technical issues v lit V GU. /AIM. 411 MI Ce 01 tnem nave conducted not only is wave setup appropriate, as Dirk Tnnicncplin has already admifted today, but the results that we obtained are reasonable. So i think ifs important that the county understand that we have done diligunue on this issue, its not that we am this in a vacuum overnight with a couple of people in a closet. We have had three separate consulting tirms look at it. CliAiRMAN CARTER: Review the same data? MR. BELLO-iviO: Baird Consuiting actually reviewed what Tomasello had prepared on behalf of the county and What FEMA, oul kniginal study and contractor had prepared, and did that with very little guidance from me in terms of FEMA at all. We just said here, ujicie's this aiguinent; heres that argument; compare the two and generate a report." They prepared that report, and we have that report ifyou'Ll like to see it. it's a very objective study. And we did that paitially for selfish reasons because we wanted to make sure vv... v./La.., Mid technical footing when we moved into the appeals process. The third reason I would like to mention is that the half a foot is not scientifically defendable. And that's important for the program i'vc been aiouiid this stuff long enough to know that people argue the elevations up; they argue them down for whatever agenda they have oii Lheii 11111111 So its important that what we put on the map is Page 152 *Sift scientifically iielenuable. And saying it was imniicitiv included wiulout any uocumentation is not a scientific argument. wouiu this to taiK biieily about the program and how it works_ uic 'Na.tiuiiai r iuuu l tisurance rrogran?. it was created in l9 . and it vv as uasicaiiy created foi two icusolis. i he general taxnavers in the vliilcu �tatGS WeiC Bleu 01 Footing me hilt for disaster recovery. and u cy were iii u or watching people build right in harms way_ The �,t,iGl I 4SU11 waS uccausc ute private sector was not paving flood insurance claims. i hey couldn't Kee;.; up. i ney were going tinder t1s Soon as a utg event woutu flit, they frouldn't attord to nay the claims. They would go hankrttnt anti nPOn z��Pr� 1 t i;iA,-�91tT i,;,,i and dry. tat r -ue root oL tile program is pi city simple. i he federal hovel eliiiclil unu i WI RCS ltte t1000 riSK. i ne iocai government agrees �._ __.z..._.._ -__-nt =_t its .toots 'iianis, and together `�e create the e�! d1dc4#it€"�_ ',4L�F'`dV �iiii;iit �; � , � and r create - dtuuu litap. that. ucistt>-Citly is me Key inK an those two things, So the tip csscilikan,y people ill co,o ways. They affect their iitsuiduce rates, anu they arrect building practices. and that's important to uiiucistailul. 1 u iime to correct some misunaerstanctings, 1 believe. lust based on some newspaper aitiCie iVC lead here locally about the flood piogi din situ insurance anti now it all worKs. it you look at the insurance program on UrtieiCiil scales. you let different ans'verN it you iooix at a nationat scale, were about even. I he premium that we collect versus file payments we pay out over the 30 years the nrosfram was conceived is about even until Allison hit. That actually -- we may end up haying to borrow a little hit Of menPv to na‘t erwrbiz. �.fir3,A claim that are resulting from that event. but, nonetheless, to date were about even. if von look rust at r tut"iva, over the rile or me program of 30 years. we are about %ROO r iiiiiOfl in me fiuic. And that's important because going from the , t„h, '21 ')nnl ` iiaiiociai we-re even, going to t`ioIicia itseii were about S'8011 million in we Mole. 30 you can see iI you were a private company who only underwrote hood insurance in riorida. you'd he in big trouble. A/1111'd pi ovum)/ oe oanicrupt ana in court tigtlting claims battles_ Now tnenc rdnixm PVPr, fiirtiPr to f",,11;,...- !�'......+.. ......fll find out we're '?S million ,Ahe .d uu'i'v"irviiviJiuiNEK ivirii laic. _tight. 'VIA-. Di.LLLAJIViv: -- auto you may -- on me surtace, as a Private company. you'd say. hey. were doing real well for All v.Pre with (0c minion. ! flat's vrreat. But you need to consider the fart that the ii v c.iiig ciiiim iii i iouiila is d.ilout .�i VIJVV. i here are about 73_000 puttt,tc L-outtty dint Incorporates areas. I t - t 12 percent of ),J: A; were to hie a claim in any one year because of vltc event, two events, three events, whatever the case may he. that �GJ minion is .one. As a matter of tact_ what its to ken Volt Ail VParc to generate is gone literally overniirflt. .iusi a a !.)VIII1 of context. tiillson -- the ciamactec from A l Itcnn -- ttte Maims mat we're getting. the Protections are at ahont FM0 minion, aid iiiCy ale l lililUln�'. Jo. to out into context what one N111 ie evC[It can ito. I mIn1C 11S lmnortant to recoun17e that and not to hace deoicig-tr c c.,lPt., rw, nom.. •rd - _ .1 C. our web cite iii iflC oottOiii iine is that the _Hood insurance nroffram was Li catcu UCcause ttte private sector wasn't maKing any money on it. riiiu i tiitiilt Judi's important to recognize. t lief e also are, I tninK, some misconceptions about giaiiuiatnering. insurance -- Mil an engineer, and insurance is more !Ail t1i'.1tit-ateu !Witt' anytilt[ig I ve ever run into, underwriting and the rating anti air the utilei things Mat go into it. But the bottom hue on gianuiautering is mat II you nave bunt in compliance with the flood .lie iiflic it was iii tweet when you built. you can use either the Lqo 0-7 July 31. 2001 map or iiic Ohl map to rate your policy. plat's an option. You t,au usG w11i1:i1CVei is more oeneticiai. So 1 Minx that's important to v v el , tile iilaps are going to be changed and 1116uialit,c I dLCS dIC going to go up, are not accurate. You may not be requirea to pu chase insurance now and have to buy it when the new iilaps come out oecause you're rinalnQ vourselt in a Zone A. where velure you were in a Zone X_ hut your rates should tint ohancra ;f iris were built m compliance. iiKe to fain a ilu.ic tit about the ailoeais Process. t :oilier ..,uunty alas tite rt,�nt LO appeal, ana I minx mat's important tor the -vuiil icy iiavt lilaE iigiu., and that right is actually coded into the ieuciai icguiauuxis fur me program. i ne burden of nroot will tall on lilt, a iliac y. ilir L �, iCl1t11 IL Lui I C( ttiCSS can of ten be a matter of ucgicc, wnut. me county will nave to ao is prove mat they are more Anti i uvli i iLituw ti you ye iiau opportunities to work with. MACIitists anti engineers, out it can sometimes be ditticult to get them tv a i cL w itiL i1 tt tctltuuojo y is more correct because one mnv he OCttet at tins component and one may be better at that .bo nt aiiu Vv cii you c ullivillc i1 dii totletner_ 1t can he Sometimes chttiriiit 4_.i J=yiNi111 ItN " . .. n 1 3 1 SL1 • hxcuse me tor , +Rt.ru t .� "� �. :_.-1.4.•tl..a. 4i44. 3�•: ieti%. 'vi�nafi�:; ;a7 out is it x1 ue ittai_ any time votive been cnai.engeoo on This nnrt1riilnr point r t" Af H i1as 9.lx r ys teen 1-;cc esst l m rieteatina that ! t._. " xvit\. i�1✓t i;Uivil�t. iNo. I wouldn't say we've aiways hen s `essl ! f '4A1 uiu 'T say 1 .. F e ai . ..�a s o. :_ ��vYr__s_. � xx� ea�.:� ,. ,�,,� �'�'1"� ]PSy �Y�n lost 1 mean ..�,.Y �.,. .... . ., ..K..r c a .. R : . 2 s S i$,.".%� q you i:q i 4 i}9e= iciitx igiti carly on. i mean_ i think Mar genera iiv is cnrt nt what ac ien Wrier). we enter rrito ifie apne�]!s nro{ec tour Batt. 6 th _.s t_ _ � enter .:. .. ....s +-i iy.i�:'v i%i�.r c.i:.5..: ..y .} Hut�-. .::. r: r rs e i.., 4. - itcaiuly t.tWL:CNN. It urovides the county with an nnnnrtiinitt; to teai cOrriion oie with me nroces4 we -_ +t ti hard for me to .. !r_�-; " .. . Lwf: v kt.. `�.,- `t �. hard se erF �s fl. tn �;?T.. i1,x}7'j anti • iu i occat. se i ieai v don`t ionic at it that way t !Cii51114' thara°c sortie concession. i a t talk �3 Mlle b t about let me (Tpf tw — —_ �wa�. ... ca ..sue __ai c.sE? ie„g.4. let R iii. "L_rt Pe 3 iuu ,ii on it 111 a tittle bit. 1-'age i:3 tliTcykt tidy )nni Basically. once the anneal neriod starts_ von have y(► days to file Your appeal and support your appeal with scientific and technical iidtd. And we aniicioaie starling that nrocess within the next Connie of weeks to a month. i nen you'll lr nave 90 days to submit the infnrrnatinrt to Pecrantia I lxr r rntrP that +1'1P Q -inixlc.ic. t 7fVIU' ,.9.11 4.44 forward is more rorreet t Ufv1fv11 j1�lli' K i,;VL1e 1 LA: Could i ask you a direct question then, not mat 1 want to take you away trom the direction vn11'rP an i n Cr MR RF.T ,T .flMO. T Th-h1,1, C )ivflviINS ION ER COI ,EI i A At this nnint in time is there a map that exists that is more or less final for Golden Gate Rstates9 viii. isLLLVt3'ilJ. ilie cui[C1!cui[eta iiiap mat we have is preliminary. it, wuni out in i ieceinoer or i WS. r nat map -- irs my understanding ree d Vliicisciit9 uli viiill is working on updating the flood nLai`US for that area. Einu it me timing is right, we may be able to lOii..i fide into l.ne ap)cais tint ess anu t.il.xiaie we maps. i mink it s tnipot tam Lu iinenliuri, trloul n, that file maps can tie revised at any tulle. iiciuic they were carved iii plastic: now they are not_ WiViiV113310iv tK LULL i IA: And at tiles point in time. we chn»iri tint kazr ■ anzr it ciiror►nA nrrlairt • r.11+ +.1.% frond incnranre7 iVII'i . L)LLLiJiViV. 1VU. �.V1V11V11JJ1V1V1✓tC l.ULt 1 I A: Ana this nas been happening on a regular basis MR. BELLUMO: Yes_ There are a lot of different reacnnc liIa UC 1 couid go inio and try to explain it ii you want. But the Dutton' line is mat me map mat you nave, your 1986 man, is what's cuii cntiy errecti v e. tilitl iiial s what tile lenders and insurance agents snouiu oe using. i hey snouiu not tie using tnat preliminary map. Y u i J V ifts1►i July 3 1 . 20t)1 UU1V11V116WU1NL1K i_.:VLL l IA: 1 none all the realtors out there ana all tne Home buyers are taking note of this. hilt. tSLLLIJiVitJ I ney snoula taie note of tnat. uiut at the same time i tninic me nomeowners, tne potential nomebuyers, and real estate agents review the oreiiminary map oecause It's important for tnem to see, well, there's mis old man tnat shows us in Gone D. i nere s a new man mat snows us in Lone A. I here may he another map, ana we could end up in or out. nut 1 tilltt& that tiuoiniatuon is important wnen malting -- LU1V11Yl1JJlUlVLK UULL I I A: Ana It I understand you corret:11v, Lou, II me nian noes cnange wnere it's less tavorable. anyone that now nas a dwelling built will he able to come under the olu iIiap IVIK. ritLL'JIvni: As long as tney were built in compliance: t11it `s t it'i1t. UU1Vi1V11JJIVINLK LULL I IA: Lomnliance at that time? iV11�. DLA.,1_ JIVIk_i. 1 fiat N. !milt. I,UlV11V11JJ1U1V LK LULL i i A: And wnen will tnat nenod ot Lillie OAvale life tine. wile!? tIIe new man is annrovec Wilt. tiLLLUMU: wnen tne new map becomes effective. t_ r.k ' 1! :r. ! ! ,` - a;r, in mner nr(?> ±I?n py3Ctnn;; nomeowners would tae no worse ott than they were hetore`l t :611Vf4Vl ! '1li J°\9t-1J< mAt K ! F-a ' Well Alec ! h t'e tr eta trt the extent they were built to code_ hilt -- IV11\.. L V1V1%J. 1‘1V.111. ,lJ1V11V1I IU1NtK 1VIAL &It: i nays only one small niece ot tit 1h:StlC. L-UwI1V11JJ1U1Vt✓K CULL I IA: I understand. I'm lust trying to 1ct;� lily way tiituujil it. 1V1 C. brLLV1V1u: 1Cignt. Kignt. Y ou will nave a constituency wiiu uu uui. IidVG tV uuv iiouu i115utaiice 112111 1101 that nave i µ<y 1✓ ' 912,4 riii < ; Fill! J Lt1 Y J 1. Live i LV buy 1L tomorrow YY L1ecause they {Are in Zone L Vl they're 1 n Zone i and they now find themselves in an A zone. But if you want my slightly biased opinion, its important to nave that coverage. You're in a flood hazard area. And I would suggest, saving them $3 or $400 today at the exnense of:-S10()_()()f) tomorrow is not a good idea_ COMMISSIONER COLETTA: We were told there were differences as much as S2()()() a year in nremiums_ MR. BELLOMO: Between Zone D and Zone A? t_ �11vt1Vli �lUiNt K 1V1i L LE: I es. MK. tibLLUNIU: I nere may oe, out I would minx mat it's r-iir..arli=r in fnnf--, A TIi t'c mtr iineiarctandiii 7nna Tl is �xrhat we call an undetermined flood hazard. LUiViliril��1U1V iviril 1L but you don't nave to nave it rignt v . I5r,L1_,U IVIU: I O11 uo11 t nave to nave it In Lone L). Jo wnat you're getting wnen you go to Lone A is me mandatory reuuirement ii you nave a federally oacxeu Joan wim (meaner rates. 6,o wnicn is worse.' it depends on wno You asx, 1 would suggest unce rile aooeai is received. we nave hir e ways. essentially. of resolving it. ill'e can resolve it tnrougn community consultation, and ! t:-1 t`Y a "x_- iy"ii->`[p iA and most. i used. vv can mat :•really V ll(li., r�1Cl�ll'L liia.Lllii(1 a111u Lli�i'Ji 131 LL 1i t Vll. r V V L.i:lit resoiYTe It V V going W\l an independent scientific VvLL.i V?. a4i otrieii A o .'rai 'k T i Yi - ve Zle :L i ae Ltiir federal agency. r ... 1..3 i'',^_s!'E,n art v,n .'S!^. fr'tin '.': t"?`w. r..,� .sv... ..T•(1 iT.^- .� f1 d.ea (F 1,n(F. f'l Cs�e .t.. tYV Va11.1 JVilli 1a. LV fill 4.4101..4..l i11111JL1 ai LA V V 1LL)ti DULY 71;.,V.+ a411ai 1111♦ � LLlVlil 114.1...V1131.. '.-+ ii-i'si e i i..'""3::= 3 i :ia'si T.->.'"S'. 1 11 - LYiV t.1.�VValt 1 V.SV 1LL Ll li ll. �f V t1 1UJi.LV Li 1l11Li1 l VJ1Jl LL L1V11. anti YY V I'd 111. Or(ir'll r..ei!.. 1 rt.<,111'F a:. -. D._!'l.1e. ,.51-5,'r.. -rI-?V-zr-. T^'s_a r•—I• t• •(F'?1• 1" • ,^••79 t- r*,..:pro. 4,16,1•V1 11A11 / Wit.V • lii■ 4.4 .i V 'Liao w V V1Y111YV1YL y3 Vi 1'Li ti u1, LY1V Vi.I 1,4111,W V0.411 1 V Y 1V YY '''lei i--*i. :. ___e i CSi'i_ '' 31iii '- .: i i-+i '%i--� ii ..i i:-+ . %ii' 11;e 1,11 ti. 1111,1 iJJ a.1l1La 1 V Y YV�.t L11V 1 VJifii.i Ll iJ ll. S 111\,1 L11V11 `tt L ll 1.3J LiV Y�'11{.1,1, ♦i'1r a. L .- Jar .C'.,-,txr!"Y4!1.-.4 .-it1.1,1 1.'-..!t5 '!'!Zr!t t-711'1 1* maer.^. L.5411 16.4 1V LLVl V1 1111La1 L. LV11111111.4 ILA V11 Vi.3ai V1Ae1a411 F A.Y 11iL11L.1111G.. L11V 111114J3. lea Ll i1l 001111 L ii a ( LlllLr anti. L1rue1 1ur1L 7 LeL re T::a al l4ty 1JV Vll ll al VVlla3 ttYll ♦ V VV 5.41.4 • L i/ 1154 F J L■• 1115 111 1554514,41 LY1.7 L11VL V'U Litt L. all.4U. 4,&4i• vv .i141. 111iiai<.• P;.:! 4'54,4;4.4 119. 115,5511.- 1%, 1,1., " sill✓ 5L..,5555,59EiAS.RFGF:y / s/Ja . 1 July 31, 2001 would then have to adopt the maps into local ordinances. They have six months to do that unless it goes to federal district court and the judge decides, no, we need to cease on these maps, but the default position is to actually move forward with the process. Before I wrap up with the seven points i think are i u 4......i 6=. you should consider before you adopt the reV tien, ? 1=-µ 4 �:, A• .4-r4 r, 111/11 :1 k.-1,+1711• l Cl rtia 1 •171 A<,3 r77 T.1 Y9.AO gi•1x:1 lAd1,11471 rat-. Th T1 T a7(111 T•1/•Cl T1'1/1.11? i 4.4.4 ar asa_ea.all 4..s iaa 4177 L'• 411a,i.a- i x.4.7 i'4.4,i.,i.:)6Kd XW..i. 44.Air 7/.7..••k:9 i ii l i. iLI.Y44,L Y'_711'4 /CAA..4.... L7.1 4.4 V. 1. . ...i.. «�_ »..... ...r...... . i .« .-3 i.» > _>,>•u s• v v.4. 1.11-1,111.11.'W 11'9 •1.1113 •1111111-1,7111,...1 v-in•1 1' 1.1 1 1 T r 1 Cl l 7 1.7[ x<-111 .7 r ..-1 T rArk i✓- 7J 11`'w 1AA i....71,7o 4.44441 777.1 I 7.7.. 117741 a 7•4 4..-•i• e••4 41 k 1 U• 44..a. a a a a•4 IA. µ A 7/4. AAK47...7.1 a.a.• i 9 i I I t i 4.r-' 7177 \A/I iiY '.• f'4./h"i'M :117.3. ::•11:a 7-' .IiY 1 '1 ii1,Y/f11Yii• 'I--`.7 \Ai 711•i 1141/ 1111"1 �11 411_-44 r..a . r a ••/-a/••/-a a .a-.-1 7 a . e-a L a 7 .a-- . f , It • ■I1!■ It fa •T7 _ II• 111`,0-4 V III/4 ell If SC 1H ' fR I1la/111.1,4391/ tea../••i 1.►Y11a.J G_1'y tj'> A1.•AL'\ 1Tll yN....7 1 .1.11. t 7.UJV A K1..4er1 V• l'1 at-r1n•I 1 rl1•/•-a A J V AI A 7•A46AALL.4./. a i • I ° S 1 1 T T 7 - T TTlnr1/1 •371/1 111'1.1■ 1, 117 Il•l al/3331.1 1 la.. ral.3t`1' 1,.a I-{r t1• 813.' 1L1 L3 RF.•/119u 1117_1 i l' V K117.4 i.A1K6 A 7 4..V 4.../A.\f 7 1471 6117o 4.J 7.716 a.iVk i ♦Vi. 3.711 6117., N Woo<J 1.0 lime It V 1 1 P 717/7/1 1371111? •71 01.11ca I7 1 1•1771-1,•1 AA If•11.-111.••-• TTI.IT a,) //AAle4 4711,3 L.77 /• 444 ll 41 1'14197 11 L1.41 a. a.1A ..4.7 4Vt1V 6V °7.4.K6V 67.17 V1 i.K6V 61kVJV' 111K 4..1✓ K117i 611V �.ii V 4.11114 K 11K1k V VK1J J1117.V `.. .77 7..__.. a.__.._..ar_..._- 77. a.. ■•x.....77.7............_. ....7 ...1»F. i ..aa>,.a>s ata a.. _>w. i !r. T7 r-}x r A i 7 -i -7 ..7 - Y r, v 1--. H I.7■ !1 1'1.11. ••/ITF1 91'1/..1 1'1 CA,1 1711,317 /.•)n 171 ,1-171 r 771{.. ■1'113 71,1077/11 17 14 FAT 1717+ 1T 1 4.17717.. 1 1111.471 7.11I1AV L.11V aJVJI. 4..A 1... • 114..1.11 111 JV1 l AAAG 61 A7... 4.i V V iJIV. iiV6 V171 W 111. ` a 1 1 4/•11,17X7'/• 11'iY RLl.1 7Tl.IT •4l•a1 1111,-a .••11'1 1 0117 ITl 1...• 14171,14117 171.11 11 IAA 71.117 4..1 17.1'1 ii K171 411V ../.1716 AAiK+J Al AK 16. 77 IL. V4.411 lift /Akio 111iJ11V i 611K6 •1 V 114.4 1' V. E T 1 11 1 7 '44411.7?Yl 1 111/1111 a 114 4.`1•/•1177.. 1117 1711%+ 7. A411.1'.17.1111 •17 A..1 •717.1 71111 141 771/17'1,1 1 a 61.11...VA 11 i1'Vll 6 V V .1 ••W4. 1 y,..1 V 7 ea.iv? 4.#1 a...44A11V114 77 V 7 r4. Na KG. 111 1141771 V 1. . .....,� ..- .a .. -�.. .-...�. 11 111117 01/1L31)1.1 a 11/1.11 11 1.7/111 1/•114/ •44. 011TTL3717•131.1T 1r T1 G1 la T..•1112111 17!•41 1111117 7aT 16 1KJ4. 4 •V 011 4 11 V4411. Al V V4 1VVl\ 4.116 iii l•Iwo l 7•Ll14. 61111 i• J7./\417..J1 i 4aJ L7. 1.4.1 if1. I4L ..._�_. +._ . ... '-' ..�......._ ..... `..,... ............. 1-710 TT11711 TL3 a'Lalii/14. ,1/1L3a• 71.7117 l4. 1LaT1•.•1^'3lil •IFl/♦ 1 T L.C1 <T Li lir, 1111 •44 Ova al V V\.V 1 7.4-717-c_Il 1A V 6 .411\17.171 A 14.V Ii.V V4 A A I.a-)1'/1 4.4.117/7r. 15.14 IA 1.•")111 3 a -a 1.a Al a• ....if 1.i //1St(2 • July 31, 2001 Two, don't forget the good things I've mentioned about the product, the improvements over the 1986 study. You've got new roads; you got new corporate limits; it's in digital format; it's in county-wide format, you don't have any more Zone D's, and the methods that we used to analyze the hazards are more up-to-date. And they are sound based on the consultants that we've used. Recognize that there's more than one outcome to the appeal. The elevations won't necessarily go down. They could stay the same. In some areas they could go up. It all depends on how the process shakes out. So T think it's �• , rl.-t � t t 1nt �.�, �" :PIS 34.' � ;N". , 1 tax L it's aalal✓11a a.4..a 14. 4a As.4L ) V K 4.va ALla�.►L1 L4L • 4Ai11/a i✓ • itc)w-r1. and °fl od niains eettinv smaller is not the only outcome. - ! a�:.� -:,� .-...<.-� r n•r , .��+�,-�...,,^r - . a i - � -,-„ .,..,..> • 41, •.r.+ 4144.1 L34. 4/t1.)5ta 4/I I 4.44.. I I I 44.14 1 444.4.114111 LI/ta.L V'i. 1 te ■l-+l V i.lL 41 V 4.1 LI 3iL.. 111.14. two¢a11( -a intii years on wave Seu. , we Have not been convened to Y, �1 :":" v:4.RF:. ':, v lsaa LA,Le 44 4...41.1 . .-v 5 • ..• •.A 4.• -, L.Le. P+ .r iaax✓ ✓4.444.a+Tw�a r ..4.a A you need to as& yourself- Waal s dli erent today or wnai will be ;g•I •.•••v "T.°.'>� .° °A :kG4. 3"n^7S 11•4.5 fT G' v`1.ne"sI (4.4. l.r 4'!'4.3 SR-2 ,4...4.., ®.1 r 's•4.+v+.r,ss LA♦e AS v♦ 144.41, .l i/L L 4.41.11 L1I 1..s ♦ 6,Y 4144r past two-and-a-hair years. i minx that s Ili uo tail[. 3- La•r4. 4- u 4`i� r ass 4. 1'5 rf.1'4.1'�Y•r a+ r - x 4.i Q1,..•.v'... vax ...xv. LA A. AL•. • rV a.s Lam• rats LA 516. fecal-Huai uatu that weve put forward to date. wee ieei we are on • k 1. s:^43 ;z-- u:-z:^a - 4.:-el.. ;` T'.(' 1re:' e� - _ d3.a r4. 4/ i T I:9 4.1. •t. .-s a....a.• r ...vva.a asa a...,. LA.lax•.4.a awls vr.444.4. a V4s aLV4 a Y .r1.L. ✓11 a, 4aa 4.4.4.11 ♦1 sJ 1rI1porta111 that the board recognize that as ell. 4'N.*'T A'! b :..5 11,C-#11"-`,-1 rt-"";. �r a-,a a •aas a:, a 1.-a .'4 ':'S.:7 ."3,:" .9: °S ;�+ „vR a#":�A ss•n .....1....v a•..vu .: vaa !. .r+as...a.. .. a asa ✓v*.-wixf .a wrav asaae In corrmuance. i ou re that. •i at{s a small contintency. out the tact ri^t "•,� •4 A4. 4. r;rs x•4.1:.4 on ^-a;-�.^: ,n-^trs" re 434.r v: a.4..a•. ...•■ 4 s.. ... w.....+. 4. .4.4. > v•r..0 .... 4..•.•a a a 5..A4 *a►r••• ....'- 4. ...1411 N.JL 4444.. 4.4 i11ap i1 that s iilust U1.iteiic1a1 to tiieili. Tf ri 4 "6 1.'3 ""T 1. -1.'-R .o 1.. 4.F:'T F^ rT a 3^ .:; €4 4.:3 t'3 rY: 4.S�^ •�•� •.°:a�T - r qR. a r. v..• r ..a�..a.. »aal. a .aa�aaal aaA..:.-;.. 4.4.4 V. ••..a.... • + ...4....r.. .......s.: ...4..r a. A..., *L.A. LA LA in stone. vv•e have processes. vv'e can change the mans by Letter, ana '134'1. r.44.'-33'1:r4.=4 r1.'93;Y 'I43'I)I;'3 ^t tic 1.:'s s ='I E°:sn 144.�n1 =x(r 491x4. 4-.1 r6.",r1. •• v va.a.. ••a.Ma 4....t U.S A-44..a ..•..4;ii.4 Ma 1•.. .r i 44 aA 4.4.4.•.•4 ay.v La a Lala 4.4 v1,41a a• 1 11/4-114# • hazards change Ibr three reasons: because the science has improved. .4.1 C`.3 1-1, a-1e L3t_T TTI:E r.� =43 T"s-°:.:�g' - r t:�:.s 14.3't;--`a;°-"[ x4.4.4 . . .. .. - .• ».__-_ .,». ... a.. •. •.a ».4.444.• YY 11,11.11.1 4.11E YY 41.1,6,1 43116,4.14 lDa 44.5411.5 411 4.446, 34.4-1 E31./4.. 1 14.4 Y'L 5.1 1 4 156,iL 1.111 NJ /zs4i 1 July 31, 2001 flood hazards. There are a lot of different reasons and the maps change fairly frequently. This is not the "end all-be all" flood study for Collier County, I can assure you. And with that, I'd like to turn it over to any questions, but also to give Todd a chance to talk. COMMISSIONER HENNING: Should we. Commissioner Carter -- shouid we stick to the five-minute rule? ir '1-1_... ,.... _.4 • u•.I • I `I n 341 courtesy to FEMA I've let -- 1, 1 • ( i t t ■ ��^ryp s o'(�e .p g� 4 W r'eaiiv E t D11 ll a yo.1 io &•_ era 94 _ li trier'e 11. 9190 them J4Je�x• �ut, 1.r� realty YY��`� 1111.L+ Y it'1141 to i\331.14/ 14 -° l l there J no nil I:.' '1flr3C ..,4...✓1..v..✓1414• 'i'• !. e • • • •1• •s ■ • a". • •'-• D; • ..• i :,. 1J •-s•-•,. rnr-lc-.i i'1i M" rla�Dr e t1, •• 111101 I J°�JI+�v 7so !i i A 1.11\. I�e'1 1 Y 11..76J'i 1. r Y'1 Y 1J1 i31L V. 111 Y L1L41L13 AU 1 Lou AJ 4A.I' LOS. 1 •11 - '33• 0re (111-4--vi 3f' •a1. - " f' "0.933325'-,`*fIT) YV1'9Tr!3rri :�r a:y, _ ►i0Irrvnn -.,1.v. _.v_. r _ _•1414 r_T�rr _. . Vl.•_ . ✓ v1r.. • • s a(-•- H alt.r 1 D. i it•l, 1 6 <J A.J Lit. i Sir V. rII IC` r% 1!--T 7(112 II TIC-111T ;= Y9'„'S' - r'aI T' :n C`(TTC` ^T9r �: Ef:C'C:3a :S•,':`9'S 1414 ..r • 1414_.. • 1414 _.r • � � A.A. ___ �.__✓ 1414 ............../.....v a - . • • - - •!,. I 1• - •! • a IailJDr'Laa,'1-ti-l.a rD i v•il'.." . 1•t Paf'J.-.. • 711-+%! '.Ir'i-a iiiirai 'arlr1Y`ai'l-1fl 151 TILJ •..'4'YPL-L *14,,113 -e_...IAA .44A.ir.i.,➢iii411 tJ CJJ.3 .S 674113 V. .113 V 413 YV1 V 4i4J4JL 1.7361 6J1 4113 11717 L13• Vi is fl fl:': 3 r'a'3.T '3T TY93 C 13 C. •3 T:t T YS T IA;a I 1-1 f14 ¶22 IT ^^ 1'ar"s 7 m1]r•Y1 fIT ¶2 16....a.. r a...sa. ..r ....✓ 1414.✓ w -a..v......• • • V A.V V.. •:. ■ .r w✓ • %14.. , Al.".14+Va. .1 V. •i l•i 1•D•J 11-1,4 I. 11r•.11 1.(1-. 1.1 D'D'1t•3-...1..•i_' 367114 L1 LJL 4441 V 3 Ai/673 . vrt.":NnV t• ,'Y3!. S,'v11 r�"`I::1.' e-•Orr O.:'�v3N :C r:^ Y 9'31a :r:.--1 Ts C. v v a v. • •• ... 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V Vat t4 i t .t!. V 4! !l. 1 1 1414.J _ - 14_14-_ -_ t-w•l1. . ....=,,•••• .v 4 -1 July 31, 2001 policy of flood insurance -- can buy the policy at a more favorable rate, if you will, or the old rate, if that's the more favorable rate. It's a very important consideration in _your determination whether to appeal _peal the map. COMMISSIONER MAC'KIE: I just have to tell _you, though, that as important as that is, the one that's keeping me awake at night 1) 71 1.111114-111-1(1- i ipkications. you know, the elevation for construction, 't^� 11-1.,.,+; + ,11^.1.111 1111 t-n. r-'91 1r r,1-1(1c1-a1 ^nmar»r4 t V ....4.a:. .• .A...a. r• ...w...as uv T4 1J 1...i 4.9 �.1J a.�..9 Li41. 4.•iJ ii 11.a a 9.44 i:t . 1 Qu �vOUld �(2t 4�r711.T0177 % 1'Yt Or171 A ll rZYT r1- t7•,I flIr rv'FL 'ST°.'Y.rE'?'n T2!^. t'kTa4'� �9S :r .:.a }.'C 44 Suti .Ll.r1 Y -- I 1►1.l:allL, 1 /1.Lt11 L 1,hi11i1 1 lii 1.11 0..1:):atil1.G Llai.7h th,.wi •`v 1°LA 13,1 ry1'+().rl 4TG1 4"h.C� ,4 .17+1.(,4C3r ia?r TrT37k,-,• 1+T,,,,. ✓,.3••.�. 4 f. r•.r;.-•w,r•,--.. ^tz.a.., ,<- -•�.-i 4..114A115�4. La.7.. i.a.4_ta..45..a 4.1 4.. . .a..0_I01.. • . , v 4.. ...... • r S. ..la..4......A a-.+4. �.. s..wx+.. .. r .. i c x .:.:.•,_A :a'Noses. 11 .4.. 'Y_-+ - YLV.. :.•11"9111 rrl IV i 141ara1114. !,&14.41 t(,4Ar 7A!1.. !1 71 T 1\PJar YY alaxL YYU iita l7. 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Ai-4.JU 11._1 a.11_.7•'7 l all 1\.. 1111.. 1.1 1 11141 31,17..1.1L1aiv. 1.4:..a1 54111L..i/1)11:} - . .1 r(=a r1 T�ri1 •17,-2-1 .... 1,1-11-4 t .�..... .t4-,:-..,.i tl. - 7 ,C1 11 it 117111 TO C911r(Tp l YY al Y 1. 01 Li1 CA.. 411 T 1 T TT/1,r,,71`,1* TT 1,11 1 _ .1..... . .i. . .v .� .. .. �.aa ....a..a ..a. . ....v.....,a.g. r.� yr v .......w. v.. .1...... nl1111.1Ti 7 1.13 7317'7•^ ,(T(°`� T(I NT 4 T T-, ` 1 r •11 if 7111* 1!g /! NT 1�-1 4.E I:y 11 1„!CT T I.e• !? 1,,! TYt:L YS!1 T°S TIfl S.4 _ 7.7.47± +1.1!111 vVVIIC7.1 I 1 S m V iiisi.I - - J rage i oz ii 9/2Silt July 31 2001 CHAIRMAN CARTER: And my part. COMMISSIONER MAC'KIE: Yeah. MR. DAVISON: Which again, the issue is, do you err on being more conservative when it's life safety, or do you err on being more esthetic? 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AA AAA LS 1,11.4.1. 1 11 #..,.1.J CALA t C4117.4 11.1,31.1. 14. 4.4.4 IA _IL Y. i i I Iflint .T4- +n n r4n; n 4n r r +n n+ ; *1 r,r, ...AA 4 LA A AAA.... AA A. LA.A*a* 4.14.L./ AL/LA L.. LA.ALA as A A I .4.5, 4.i4.JA4 I £5 4.1..5,1.4. •4 *'•I 4% *PI r VVINT rtt.7*Q1' nctlt.'‘rf-NnPrt %r' i! Pre r. .1 4. 4. .4 1 rage n 1/ 2 July 31 2001 FEMA, separate from FEMA, different -- I don't, frankly, see a great deal of positive benefit of saying the same thing to you that we have been saying for two-and-a-half years and hoping that we'll say it a way that changes your mind -- do I lose any rights if I don't exercise this 90-day nrocess and instead go stra.i pht to whatever anneal Is available? MR. DAVISON:ISON: Let me step back. I'm violating your five- minute rule but that I'm assuming, because of the questions, you'll --1111LAAV A ulil, but that that. y f t �-i 1rC,t !►T n 1 l +6 cs"c. 'i rc, e4ckx rPr,k 1 (41 fFc,rarlf tt r'it rc ti'1,Q .1 rr,=vr7 n-I r nnvl rri+esr J. li LA A 4.....A. M 11, 1.14.•0A Al KA V uV 4 \ll I," 4.AAA IVa VAAA V,K) ✓ AA AV VT,V Al.j V KAA V A.VA 111W an uv ca ivnU Css. '1'1 C one W C Lyoicali y use dill mile one we rarr_l#r-.sr 1£` raIlatl "r•rvrirr,1 rlitir rrlr1L11itnfYrlrlir STr goon, 47(141 T,4n p. A.. 11 nT41n A'ALA it ttl A VA." ... A.""1AUAA.4AA4.� VvAIaJ AAA...4i1 V.V." Y•AA VA iyµ r•11a µ1,J r/'VU.i At 1.1..1 us. Will welli try E.U. oaseu on tue pest science anti eui2lneerinw tliat we I-ir44 rgtl ()t lir►r4ri *Fr-Er tr1 rrsr0-0r rta 441 f". rY,*ltttsr d4 111'1*1t 4r in r:tip- n r(-NT 4rT,n, ,r,c Ali.V V 4.11,A .81141.1A\1, Al." AV 1 v•••v.1 V A V V AA a V' At AUALAA Al A• .1A AA AK. A A.Au.,S. r.. V V 1.►1 it V' V 1 action mat is ueciueu upon. men we nave one aDDroaen wouiu oe 'V tf?rn'1t1S•r7s "44c•T1,1tb rFaJF1141t4Fl.4 11,711:0(.11 I "1rn r47rt, lrn!1. .,1# .3 Inca er0r+tsrn Ft,r ..a r.va Y..Aaa ax V i.,V a...a.' .✓a...SA AY AA. V r SAAB AA 4 A.A.AA L.Y A.A.A.V V V AA. .A11 VV.V ...4.r 5AV1;.LAS V tarn;6h� r with -V •. . 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PSG 5tr Lk./ L11/LL f!1V1.A.Ji) la Lill+ 11,..JalI. al 1.y 11111\:11711 L. b. .1: .. *5/It Aki • July 31, 2001 COMMISSIONER HENNING: Can you identify those three different groups, those four different groups for us? COMMISSIONER MAC'KIE: He did, actually. MR. BELLOMO: Yes. We had Engineering Methods and Applications, Esthetic Contractor, Dewbarry & Davis, which is an engineering and architectural firm in Fairfax, Virginia. COMMISSIONER HENNING: So these are not individual and not government agencies. MR RFT I (ll\i1(l• TbPCP arP nricratP onmrvari c -- and Pair(' anti Associates. CHATRM CARTFR . Cnntrart,(i hir WPM A`) COMMISSIONER MAC'KIE: And we contracted with one that agreed with us. LHAIKMVMAN LAX I LK: w ell, lvir. w nice, can you answer more directly Lommissioner Mac d e's Question! IVIK. w Hl I t: I'lt certainty attempt to. assistant uounty Attorney Patrick White. I minx one or tne things to keep in mina is wnat Mr. beliomo had said with reeards to those three avenues. but before you let there. tne thing is ne inaicatea mat mere naun't peen, jr you :gift, sufficient tiPmnnctratinn nn the rnnntvic mart -with rpcnpet to nnP of the technical matters. LUMMthSIUNLK MAU'IcIL: Kwht. MK. w ril I t: 1 minx were going to toe ante to incorporate a mnrp r rericP ancwPr into what ur rP (mina to me rirIP _- COMMISSIONER MACKIE: So we have new information to snare! MK. w ril i t: -- Dy tne ena or -- not at tnis point, tout by the ena of the 9U-day window. LUMV11V11SMUlNtK UKay. I iv✓ *Sift .n07 July 31, 2001 MR. WHITE: That's what the second element of the presentation to you today is about with respect to Mr. Tomasello's firm and bringing them under contract to, if you will, get us the last step in this process, which is to create maps that we can then submit to FFMA co that hopefinlly we'll have met the threshhold to demonstrate that. But regardless of whether we do or not to their satisfaction, I think we still have at least from what I've heard you say, and the other commissioners, two opportunities; one through the community consultation process to maybe meet some mutually acceptable accommodations, and, perhaps, if not through that, then mediation or 'it rat 10 n e4.2tpti n V11 '•i 1th other federal agencies„ Awh te er tl, ('.se 11 a.1,f be. I don't think we'll know the answer to those questions until we actuaactually see the science tint cnrr�?e out am the results we {-'ret -at the lly see the science VV./ Li L4aC 6111.a•N.T 13'464 i..1-.1.Lta the ¢V4)4.414.,! 1V j.. 4.•w a..4. a - the end of this 90- to 120-day period we're going to have to have /Tr. rrnm asell^'s firm clo. if ycu Will, this last Step and create the mans. COMMISSIONER N�e C'FrT�: T inave a rauestiot� for 1. 11 1 111/. i 1101 V v 4a V.S 41 Vll for Mr. Tomasello ITT IFF: \AThile Mr. Tomasello's coming. I Vvoul d feel very comfortable. though. if we were to get some written description to protect -- normally, before I have a case that I can take to court. I have got to have demonstrated that I have exhausted our -- ON'F'1r4TCST(1MEP I1 A C'VTF: Right. M' R. OLLIFF: -- administrative remedies. I want to make sure V that I 1 Vtec4 our ability to be a l4. to LV to co should shV4a 9V ch Vos'e LV making sure that I have not forfeited some administrative remedy along ra th a way -i,at I needed to take c.. are of t1�,,,I c. I would like fo1- 4a1V11L L1t1. VV LI V 411414. 1 11a..L111.' a L 414111+ 1.1.41.1i V1. 1 111 so 1 YY VLL u 11111. 1\l our attorneys' office to work with FEMJk to make sure that we protect that position. rage i oo 1/25/12 July 31, 2001 ? COMMISSIONER MAC'KIE: And that's exactly my question is, frankly. But before you go through there, let me ask Mr. Tomasello, are you producing new data? If we go through this 90- day process, are you going to get some information that they haven't seen so far, or are you just going to plot the same information on a map? MR. TOMASELLO: No, ma'am. We're actually going to be producing some information that we can present to them, whether or not they're going to look at it or not. No. I wanted to clear up some misconceptions that I think Mr. Bellomo presented. I was really kind of set back by some of the descriptions as to what went on here in the past two -and-a-half-- or year-and-a-half, at least. He mentioned the fact that we came up with an implicit reduction of wave setup that went from 0.4 feet to 1 -- one foot, I think is the range -- half a foot to a foot. I mean, that was not at all -- I mean, there were never any numbers attached to this implicit reduction we're talking about. We were referring to the fact that the model that's used to calculate storm surge may implicitly already include setup: We didn't even say it absolutely did, but it just goes to common sense that if you're turning knobs on a model -- and that's basically what you do with models -- you have to insert the coefficients and exponents in the model -- you have to turn the knob to get your water levels to match what was actually observed. And I don't know how many FEMA studies have been done along the Atlantic and Gulf Coast, but it's probably v elx over a hundred. And every one of those. at least that I'm aware of, have had hind-cast storms simulated with a model that they set up to simulate the coast that they're looking at. And they'll go back and look at the stoiiii sur es that were created by these storms that actually went through 1�V�.! that .4VK VGA V ! these storms.t.) V. N\. actually I.Y iA2w..1' i/Y+yy dR, through �,...G.S y:�X.E. me area. by rage i o *It 2- July 31, 2001 And in the case of Collier County, we only had one really that had any significance storm surge, and that was Donna. And we turned the knobs and got the water levels on the inside particularly to match, because you didn't really have much in the way of open coast flood elevation. COMMISSIONER MAC'KIE: Uh-huh. MR. TOMASELLO: They matched fairly well. There were a couple of them that there consultants pointed out we were a little bit low on, but actually one of them was down on Marco Island where wave setup probably was the culprit, and we'll concede to that. But the other areas back inside Naples where we were right in the range of observed flood levels, according to their calculations, the setup would go -- well, that's another concern we have. The wave setup would be unimpeded going inland because of their assumptions were that the setup -- it was inconsistent from one place to the next within the county, but, for example, on the north end of the county, their setup projected straight on in without any attenuation. And we -- again, we didn't really object to that. We just said, "Hey, show us the documentation." Well, that went on for a year, and we didn't get any documentation. Finally, it was produced, and we shot it full of holes. We said that this doesn't make any sense. "This doesn't make any sense." So they went back and regrouped, and they had their consultant. EMA. produce some documentation finally. And it just went to show that they didn't calculate this stuff. They backed into it. They didn't have calculations to show what their setup was. COMMISSIONER MAC'KIE: We know that much. CHAIRMAN CARTER: Okay. Look, look. Here's what I'm hearing. Let me see if I can cut right to this. We have an opportunity, Mr. 011iff, to take all of this, go through the process with it, ana tnars wnere we want to go, ana mars wny we ii retain you to fl., 144 4t4ty July 31, 2001 get that done and present it and take it forward. And I think that's what you're asking the board, and that's what we're supporting, and that's what we want to do. So unless there's some real burning question here that gets outside of that framework, I just say why not do it. COMMISSIONER MAC'KIE: Well, that's the way I started, but then after the speaker -- I'm sorry, I've forgotten -- didn't get your name -- but he made some good points. And if this was a wasted exercise of 90 days, then I don't want to go through it -- CHAIRMAN CARTER: I understand. COMMISSIONER MAC'KIE: I'd like to accelerate and move beyond and go to court or mediation or wherever we have to go. But it sounds like we, in fact, are going to, and I trust you're to be open when you receive the information and that you will consider what we think will be good data, good scientific data, because our common sense -- frankly, every now and then, you know, scientific data and common sense come together. And common sense makes us believe that those maps are poorly, inappropriately drawn for our community. And I can speak strongly to the coastal area that you can just see that it's not -- it doesn't make sense. So I'm going to restate my motion to approve the resolution. CHAIRMAN CARTER: We have a second to that, I believe. COMMISSIONER FIALA: Yes. MR. OLLIFF: Mr. Chairman, you still have that one registered speaker, Dino Longo. COMMISSIONER MAC'KIE: He's here. MR. OLLIFF: If Dino's still -- COMMISSIONER MAC'KIE: He's here. MR. OLLIFF: Yes, there's Dino. MR. LONGO: Commissioners, thank you. A little bit over two years ago -- my name is Dino Longo. I am the vice chair of the Page 169 9h5ka .r7 July 31, 2001 Development Services Advisory Committee. I am also on the Citizens' Advisory Committee for the FEMA Study Maps and a number of other committees. A little over two years ago, we started our Collier County Disaster Recovery Awareness revisions, our coastal setback revisions, and our flood ordinance. At that time we had -- we saw the proposed maps come out, and we saw basic map-making mistakes. And I am a layman; I'm not an physicist; I'm not a hydrologist; I'm not an engineer. And it came to question -- if basic mistakes on a map, like streets being in the wrong place, not on the right place on the map, so forth and so on, could be made, the complicated issues of the methodology and calculations might possibly be wrong, especially since we were looking at additional 1.4 to over 3 foot of increased elevations. And as John Remington just pointed out to me, that ten-foot flood elevation on Gordon Drive at eleven foot where his house is, with that additional 1.4 and the change of datum, places those houses up four additional feet. I can't get into all the specifics and the mechanics of everything, but you asked to pass a resolution to go to the appeals process. Over two years we've had a board of advisory citizens; engineers, attorneys, hydrologists, insurance people, mortgage bankers, all of those that are involved in the industry of how this affects our community from having homes that are 20 years old at this level to homes that were at '86 at this level to the homes that could possibly be at this level. It changes the topography of your community, as well. We're not asking to fight FEMA. What we're asking for is to do the right thing. We are charged as a committee at the Development Services Advisory Committee to try and do the right thing for our citizens in our community. And what we're asking is a better Page 170 a/25 f c2 • July 31, 2001 process, I guess, than what we got. Obviously, we've butted heads. We've hired Dick Tomasello to refute or at least look at similar findings. His company -- his firm has found some, we believe. We wholeheartedly on the advice of our committee and asking me to come up here and speak support Mr. Tomasello on some of his findings. You do have the opportunity in this appeal process to go through the communications to start with. At the very end, if heads still butt and we can't find a common ground, then, I guess, it can go to court. Obviously, we don't want to go that way. If flood elevations have to go up in some areas of the community because the methodology's right, so be it. COMMISSIONER MAC'KIE: Amen. MR. LONGO: If it goes down in other areas, so be it. But we want to make sure that the methodology is correct. To this point we don't think so. I have to go to another meeting so... CHAIRMAN CARTER: Thank you. Any further questions or comments from the board? I'm going to call the motion. MR. WHITE: Before you do, Mr. Chairman -- I apologize for interrupting. Again, Assistant County Attorney Patrick White. The thing that I think to keep in mind is that staff is going to infer from the approval of the resolution and the approval, hopefully, of the proposed not to exceed 67,500 for Mr. Tomasello and we're to do a cost sharing with that, the other jurisdictions, but the thing to keep in mind is that we're looking to take direction from the board today that we're going to prepare ourselves for that point in time sometime down the road, 90 days, 120, whatever it may be, to come back to you once we've had the results of that study and then ask you to make a final decision of whether we're going to submit that or not and at that point make, if you will, a determination whether we're going to appeal. Page 171 qi4(2, 17 July 31, 2001 We have 90 days to basically come to that decision once the window opens. Before it closes we have to make that decision, and we need to come back to you for that. And I suggest that -- COMMISSIONER MAC'KIE: Why would we not submit the information after we've accumulated it? MR. WHITE: Well, we don't know precisely how it's going to turn out in every detail. And all I'm saying is that if there's any comfort level for you in believing that we are going to give you that information that validates making a choice to appeal, let's await that date. CHAIRMAN CARTER: Well, I think what we're saying to you is we're going to go the whole nine yards, and you can give us report and where we are, and we don't -- MR. OLLIFF: The worst case is you get information you don't believe justifies going through the process, and if you don't feel our case is strong enough, then you would give us direction not to proceed. COMMISSIONER MAC'KIE: Okay. Good point. CHAIRMAN CARTER: Okay. Thank you. COMMISSIONER MAC'KIE: So I'm going to modify my motion to incorporate the items that Mr. White just described. COMMISSIONER FIALA: And I'll incorporate that in my second. CHAIRMAN CARTER: Thank you. I'll call the motion. All in favor signify by saying aye. Aye. COMMISSIONER MAC'KIE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. Page 172 October 22, 2002 Item #15B DISCUSSION BY JOE SCHMIDT RE APPEAL OF FLOOD ELEVATION MAPS — TO BE BROUGHT BACK AT THE NOVEMBER 19, 201)2 MEETING CHAIRMAN COLETTA: What's the last item that we have? MR. SCHMITT: The last item -- for the record, Joe Schmitt, administrator, community development, environmental services. This is just an update on an issue that's been around since December of last year. And it has to do with the appeal of the flood insurance restudy proposed basin flood elevations for Collier County and the City of Naples. The flood map for Collier County and the City of Naples. And I'm going to provide a brief update of where we are in this, with the assistance of Assistant County Attorney Patrick White, who will answer any of your questions. On September 25th, 2002, staff, along with Bob Devlin of the City of Naples, and our contractor, Richard Thomasello of Thomasello Consulting Engineers, TCE, as they're known as, met with Mr. Doug Bellomo of the hazard study branch, federal insurance and mitigation administration, Federal Emergency Management Agency, or FEMA, and his representatives to discuss our appeal of the revised FEMA flood insurance rate maps. In sum, the letter that you were just given that was addressed to the chairman, acting as the chief executive officer for Collier County, stated that TCE's methodology was not superior to the methodology of FEMA's contractor, and that TCE had not validated that the FEMA data was technically flawed. So what in essence that letter says is they have denied our appeal. As a result, on behalf of the City of Naples and Collier County, Page 257 c#SJ<2 October 22, 2002 staff is preparing a letter of comment for the county manager's signature, which will initiate and trigger the next phase of the appellate resolution of process that will require FEMA to respond in writing to our comments. So this is the next phase, and we'll be doing this jointly with the City of Naples as the one Collier County appeal. The City of Naples has expressed interest to meet jointly with the board and to coordinate how to best resolve this appeal. And the city manager has been in contact with the county manager, and we're trying to set up that meeting so that both the board and the city council can negotiate as to how they want to proceed. Based on follow-on date provided by staff, FEMA has expressed a strong desire, and I want to express a strong desire, to work with the community to resolve this -- the methodology and the associated flood insurance maps. I think they would rather do that than go through a lengthy litigation. This is certainly going to require additional financial commitment by the county and the city to secure TCE's services. To that end, staff will provide a detailed briefing, and we'll come back to you with an analysis on the issues and the options, and we're going to schedule that for the November 19th Board of County Commissioners' meeting. So that fundamentally kind of summarizes where we are with this. This is a long and ongoing process. We appealed. They did not recognize the data as grounds for the appeal. Now we're going back, initiating the comment period, which will start about an eight-month process prior to them, them being FEMA, publishing in the Federal Register that these maps are valid. So we're pushing the camp further down the road so we don't get into issue here. And my commitment to you is come back with both our contractor and with any -- with some of the support from the city as we try and explain to you where we are with this whole situation. Page 258 /i5(f 2 October 22, 2002 MR. MUDD: Commissioner, what this presents, what's happened with these new maps is there's areas in Collier County that they've designated on their maps that would have to carry flood insurance that don't presently carry flood insurance right now. On needed flood insurance. Because we have -- in our opinion and in the City of Naples' opinion, they've got some faulty data. And I think we've gotten them to understand what it was that caused them to come up with a bad conclusion as far as Collier County is concerned. And we're just trying to prevent people from having to have flood insurance when they don't need to have it, based on maps that aren't correct. MR. SCHMITT: Let me just kind of piggyback off of that. Frankly, we're really talking about a lot of homes in the Estates. And what that means is that if you have a federal loan -- which 90 percent or so of them out there are of some sort of another, backed by a federal agency -- you will receive a letter from your lending institution demanding that within 60 to 90 days you initiate a flood insurance for your home. And the only way they will be able to dispute that is through individual appellate process through FEMA. We're going to delay that as we begin to try and convince FEMA that their data was faulty. We'll need TCE's assistance, and that will be a joint effort between both the City of Naples and Collier County. CHAIRMAN COLETTA: Mr. Schmitt, I hear you. And this is indeed bad news. It's totally unwarranted. I know the study, when they did it, they took land that was far removed from Golden Gate Estates, which had a much lower level, and flooding was much -- would take place there at a faster rate, and used that as part of their model. I thought this was all cleared up. Obviously the problem's still there. Whatever we have to do to keep this from happening we have to, because the expense and the burden on the residents of Golden Page 259 9[242- October 22, 2002 Gate Estates is totally unwarranted. Also, too, is there another way that if this does become fact and we can't fight it any longer, we exhausted the appeal process, can individual lots get exemptions from this? MR. SCHMITT: Yes, there are. CHAIRMAN COLETTA: And would you explain that, to maybe take some of the panic off of our homeowners out there? MR. SCHMITT: Can I -- that's a little more detailed legally, and I'm going to defer to Patrick, if I could for. CHAIRMAN COLETTA: And then we'll go to you next, Mr. Carter, and Commissioner Coyle. MR. WHITE: Good evening, Commissioners. Again, assistant county attorney Patrick White. There's two processes, and they're both set forth in an e-mail we've received from Mr. Bellomo October 10, indicating both their apology for the mistake with respect to what's more commonly referred to as the Sheet II-D study for Golden Gate, as to those data errors. And those are things that will be number one on our list of comments for resolution with FEMA. But the two processes that are available for property owners, those that may somehow, even after we've gone through and gotten these data corrections, still be required to obtain flood insurance, based upon their elevations, there's a process called letters of map revision, and also letters of map amendment. We're going to have to look at how many of them are remaining after the data are corrected, and my belief is that many, many of them will be corrected and there will not be the need to have that level of revision by either what's called the LOMR or the LOMA. So we're going to have to wait and see. But we already have this e-mail from Mr. Bellomo at FEMA -- CHAIRMAN COLETTA: Okay, so we -- MR. WHITE: -- indicating that they recognize the mistake. Page 260 iftsft October 22, 2002 And we're working with our contractor and the FEMA contractors to resolve those as quickly as possible. CHAIRMAN COLETTA: At this point in time, they can't force the people out in Golden Gate Estates to buy flood insurance, is that MR. WHITE: No. CHAIRMAN COLETTA: -- correct? MR. WHITE: We're a minimum of at least eight months away from any type at all of an implementation of these maps. And as Mr. Schmitt had indicated too, we're working diligently with the offer that FEMA has made as part of this letter that you have at the very conclusion to enter into a parallel process where we would be looking to actually have them acknowledge the methodology that our contractor has brought forward, that they cannot do as part of their standard review for these maps. But they're willing to work with us, they're willing to commit to a certain limited amount of funding from their agency for the purposes of resolving some of these technical differences and getting us to a place where we might actually have maps that are more appropriate and akin to what we believe is a better methodology. It may not be sufficient to meet the standards for a review by the agency, FEMA, but it will be something that I think ultimately in this parallel process will get us a better map, the one that our committee has been looking for for years. CHAIRMAN COLETTA: I hope we get this resolved. Because Florida is a donor state. We take care of everybody else up and down the eastern seaboard. Our money underwrites their expenses. MR. WHITE: That's one of the things I think that's been compelling, and something that's certainly been hurting Washington. So I think the efforts of all of our ad hoc committee, as well as the representatives of the city have been very helpful in getting us to the place where we are today. Page 261 *5112 October 22, 2002 I just believe that it's a question of timing. If we can become actively engaged with FEMA at the earliest possible date, resolve these technical matters with respect to methodologies, get on to the point of utilizing the data, as we're going to have them corrected through this study and other points in the county, I think we'll ultimately be able to minimize, perhaps even down to zero, the number of days where we will have to live with maps that we believe are not technically correct. CHAIRMAN COLETTA: I appreciate that. Would you keep me appraised of every situation along the way -- MR. WHITE: Yes. CHAIRMAN COLETTA: -- so that I can be following this and react when I have to? MR. SCHMITT: Mr. Chairman, we certainly will. And I just want to for the record make sure and understand that there are also not only Golden Gate, but there are over 600 homes along the coastal community that will be impacted as well, and that is including the City of Naples; many homes in the City of Naples and businesses in the City of Naples that will be significantly impacted by a change in these flood maps. So it is a very important issue, and we will get -- certainly make sure you know when we're going to have a joint meeting. And I'll depend on County Manager Mudd to at least advise staff as to when that meeting will be so that we can jointly at least define a course of action that we want to take and to object to the technical data -- CHAIRMAN COLETTA: Very much so. MR. SCHMITT: -- that they're now using. CHAIRMAN COLETTA: Commissioner Carter? COMMISSIONER CARTER: I won't prolong this, other than I congratulate staff and your persistence. I've been in this for three years and probably -- and God knows how many years before this. If we stay the course, FEMA, as the Chairman alluded to, even at the Page 262 1r [2 , . October 22, 2002 end of the day, Florida could say I'll tell you what, we'll just pull out; we'll be self-insured, you can kiss the rope. When it comes to that, FEMA would back down. And I think the letter indicates, gee, we'd really like to work with you, but candidly, we've spent all this money and we don't want to revisit our data. It's just another one of these games that we're going to play until we finally get to that point that says do we or don't we? And I truly believe, and you know from working through bureaucracies a long time, that we'll probably prevail at the end of the day. And people, as Commissioner Coletta said, do not panic, don't worry, nothing's going to happen now. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Yeah, I've been involved in this since it first came up from the standpoint of the city council in Naples, and it is a very serious issue. And I think we should continue fighting it. And I'd like to say, too, it's my belief that there's far more than 600 homes impacted. There are thousands of homes impacted. And let me tell you what has happened. After Hurricane Donna, in 1960, the base flood elevation was increased, I believe, to six feet. After that, the base flood elevation was increased to 11 feet along those areas in the City of Naples, let's say three to 400 yards from the beach. And a lot of homes were built at 11 feet. Now all of those homes are not going to be in compliance, if this goes through. Now, what does that mean from the standpoint of insurance coverage? It meanings that technically -- at least this is what I was told at the time -- technically the current owner would continue to be able to get flood insurance and continue to pay a premium, although that might go up. Once the house is sold, the house is below the required flood elevation. Now, what is the difficulty in getting insurance coverage for a house that's below the elevation? It could be a brand new house. And now you're stuck. And yes, you can get it, but it's going to cost Page 263 111-5/17, October 22, 2002 you money. So it's a very, very serious problem. And I believe that the -- Commissioner Carter's idea is great. The amount we get back from our flood insurance premiums is a mere fraction of how much we pay. And the FEMA map and the base flood elevations are based upon storm assumptions that have never occurred on the East Coast -- or West Coast of Florida. Never occurred. They have failed to consider that most of the hurricanes that hit our coast actually come across the state and are consequently not as severe. And they've made assumptions that -- of hurricane levels that have never occurred here. There are just lots of other apparently obvious mistakes, but I guess we have to develop the technical data to refute that. But I very strongly encourage that we fight it. And if we have the authority, and I don't know if we do, but if we have the authority to be self-insured, I'd sure vote for that, because we'd save a lot of money. But I really believe that FEMA's objective is to make it punitive to live on the coast. They are getting hit so hard with respect to government bail-outs for cities that are flooded out, even in Tennessee and other states that are located in flood plains and in coastal communities that are hit by hurricanes, I believe they are intentionally trying to drive people from the coast. And I think this is merely one step in the plan. And if there's a way we could become self-insured, I'd sure go for it. I think we'd all save a lot of money. CHAIRMAN COLETTA: Any other comments? MR. MUDD: We plan to come back to the board on the 19th of November with this particular issue. Just as a note of information, the City of Marco Island has filed a complaint in the 20th Judicial Court about the takeover of the Florida waters by the Florida Water Service Authority, and I'll let you know that that happened -- I got noticed on Monday that that Page 264 May 20, 2003 BREAK—10:30 AM RECONVENED—10:45 AM 3. Beach Parking Agreement Update—John Dunnuck—Public Services Adm. Staff was directed to look at fair share compensation based upon the amount of the beach stickers distributed. They did a compared analysis of available beach spaces throughout the County. They came upon an agreement of allocation between the two staffs. They are looking at other funds that are available to do a capital request jointly or in conjunction with TDC funds etc. They will have something in the form of a proposed agreement for the Boards in early June. Mayor MacKenzie asked if they could make it a three agreement and in one year increments twice for the five year agreement, so it can be adjusted if necessary. Mr. Dunnuck said staff would agree to it. The City of Naples is looking at alternatives for funding-if accomplished looking at the methodology of parking spaces ratio and ratio of stickers issued. Together they will look at the impacts by the County and City. The City wants to be good neighbors and keep the beaches in the best condition they can be in. The City and County are working together and making sure everyone is doing the right thing and justifies where the TDC funds go. 4. FEMA Flood Map Update—Patrick White—Assistant County Attorney He introduced his team and gave a power point presentation as follows: - Purpose of presentation to brief everyone on the restudy process and the appeals resolution process. - Appeal process—FEMA incorporates appropriate revisions and published FIS report and maps. 10/03 Bob Devlin continued: - Covered initial Findings—technical data,methodology, and local historical data -Have improved the quality of the map—street names etc.—user friendly map. - Impact of Proposed Changes Stan Chrzanowski continued: - Golden Gate study map - Showed map - Discussed insurance—different zone of flooding—elevations—topographic map—data sent to FEMA and accepted. - 7,500 houses affected - Insurance may be raised by$1,000 - Signed Contract for additional benchmarks throughout Golden Gate. Page 5 1/25/19' 12 May 20, 2003 - Anyone building in the Estates from now on will be able to shoot the elevation of floor slab to make sure they are above the proper elevation. Patrick White continued: - FEMA is willing to consider the maps - Timeline for adoption of the new flood maps - Start to use maps October 2003 (will become effective) - Has asked for a delay. - Alternatives: - Accept current maps but refute proposed maps - Continue with the flood insurance rate map restudy process -Coastal restudy - Benchmarks in the Estates - Estimates for continuing services of TCE, Inc. &elevation benchmarks - Litigation - If rejected—start to formulate litigation process by October - Withdraw from Federal program seek support to form State program Vice Mayor Galleberg discussed several issues and feels they should continue. Commissioner Coyle is in support of the action taken to continue to work on it aggressively. Dick Tomasello—Tomasello Consulting Engineers—gave the proposed schedule. (Is in the presentation.) - Estimated total cost is$235,000—no additional funding is needed. - The best available data is being provided. - Two Congressmen are also working on the problem—Congressman Goss and now Congressmen Mario Diaz-Balart. Letters have been sent to FEMA. Copies were distributed to the City Council Members. Will continue to monitor. - There was an informal consensus to continue with the restudy process. Staff will hold another Joint meeting in September for an update and to be directed of procedure at that time. 4. Airport Road Flyover Update—Greg Strakaluse—Transportation Department— gave an update of the overpass: An Executive Summary has handed out. His report is as follows: - Gave impacts of Airport& Goodlette - Improvement to Goodlette Road project to Pine Ridge&Golden Gate Parkway - Looking at long and short term improvements—median enclosure - Working with businesses - Commitment Proposals - Golden Gate Parkway—4 lanes—widened to 6 lanes—Livingston to Santa Barbara Page 6 it Mil' September 23, 2003 COMMISSIONER HALAS: Can of white spray paint. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: I don't know if my math is wrong or not, but if you've got a 40 by 50 screened in area, what does that come out to? CHAIRMAN HENNING: Well, it's not by that, it's by the floor covering. MR. SCHMITT: The floor covering. CHAIRMAN HENNING: The floor covering. MR. SCHMITT: One hundred square feet, $200. COMMISSIONER COLETTA: Oh, okay. MR. SCHMITT: Two dollars a square foot. COMMISSIONER COLETTA: I was coming up with a fee of like $2,000. It was scaring the daylights out of me. CHAIRMAN HENNING: Okay, there's a motion and a second. Any further discussion? (No response.) CHAIRMAN HENNING: Seeing none, all in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #10L TO WAIVE FORMAL COMPETITIVE PROCESS AND APPROVE A CONTRACT WITH 3001 (THE SPATIAL DATA COMPANY) AS A SINGLE SOURCE VENDOR FOR GROUND Page 221 (2,Sfr1 September 23, 2003 SURVEY AND LIDAR ANALYSIS SURVEY WORK IN THE AMOUNT OF $49,425 TO SATISFY A FEMA REQUIREMENT FOR CERTIFICATION OF EXISTING LIDAR TOPOGRAPHY OF COLLIER COT TNTY — APPROVED MR. MUDD: Commissioner, that brings us to Item 10(L), and that is a recommendation to waive formal competitive process and approve a contract with 3001, the Spatial Data Company as a single source vendor for ground survey and LIDAR analysis survey work in the amount of$49,425 to satisfy a FEMA requirement for certification of existing LIDAR topography of Collier County. And that's at staffs request and Mr. Schmitt will present. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yeah, before you start, Mr. Mitchell, is there anything from the clerk's office that would raise any objection to this? MR. MITCHELL: No, sir. As long as you guys make a motion to waive the policy, that's well within your discretion of the board. COMMISSIONER COLETTA: Thank you. MR. MUDD: And Commissioner, I will tell you that one of the reasons that staffs asking to waive the policy is that 3001 did the original LIDAR. If you have to go get another organization to go in there and confirm it, you go through a lot more cost, number one, and number two, they're a lot slower in order to get it done. We asked for an 18-month extension to the flood plain map requirement and we received six months. And so instead of having it done in October, we have to have it in April, I think, the 4th or something like that. And in order to get that done and get the LIDAR verified certified, that's why staffs making this proposal. CHAIRMAN HENNING: Great benefit to the citizens of Collier County? MR. SCHMITT: This is basically in response to the FEMA firm Page 222 Rfr,s1t2 September 23, 2003 issue. Shown up there are two LIDAR maps over a drawing. On top of that are the flood elevations that currently exist now in the revised maps. And what we're trying to do is work with FEMA to validate the elevations within Collier County. As Mr. Mudd pointed out, 3001 flew the original LIDAR. It would not be in the best interest of the county to try and go back to another vendor to revalidate a.previous vendor's LIDAR. What we have to do is have that certified over 100 points. I think as a pretty good example, given that we have several folks from Naples Park here, this is a good example of-- let me -- the high areas of Naples Park. But some of these areas are listed in the flood zone, and actually in fact they should be zone X. And basically what we're going to do is the base data, which is the LIDAR data, light detection and elevation, data that we used to create these maps. What we're intending to do is have -- based on FEMA's guidance, we have to certify this data so they accept it under national mapping standards. And then that will be forwarded to FEMA, along with our -- the property descriptions, most notably the issue, Commissioner Coletta, in the Estates as well. And we'll use this data to validate our claim that some of the data that was provided earlier in this study is in fact incorrect. And the purpose is to do a letter of map revision, a large-scale letter of map revision to help resolve this issue involving the flood map issues in Collier County. So we -- based on that, we're asking for your approval for this contract to immediately initiate the certification for this, based on the guidance from Federal Emergency Management Agency, and that's both the certified, the LIDAR data, and then based on that we'll send in the property descriptions. But the most important piece here is the amount of work that's going to have to be done by 3001. They'll have to come out and establish 100 known points again on the ground and basically certify Page 223 901w 0-1 September 23, 2003 the data that meets the national mapping standards. COMMISSIONER HALAS: I make a motion -- MR. SCHMITT: Subject to your questions, that's all I have on this issue. COMMISSIONER COLETTA: This vendor is being held to the April deadline, too, I would assume? MR. SCHMITT: We have -- yes. They're ready to do the work now. We've been in consultation with Duberry and Davis, who is FEMA's contractor who developed the maps, and 3001 and my staff and, in fact, they're fully prepared to begin this work. And our intent is to get this done and meet the requirements that has been imposed on us by the Federal Emergency Management Agency for this data. COMMISSIONER COLETTA: Let's start tomorrow morning. Motion to approve. CHAIRMAN HENNING: Motion by Commissioner Halas, second by Commissioner Coletta. Any further discussion? Just for the public's information, if we win on this issue, we submit these maps and they accept it, it's going to save the residents of Collier County millions of dollars. And, you know, I'm very concerned of the residents in Commissioner Coletta's district and the extra money that they would have to pay each month for flood insurance. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) Page 224 1124 April 27, 2004 and will stay in hire of Collier County until such time as he shows that he's not an employee of good standing. Next item. I just want to make sure the record is clear. COMMISSIONER COYLE: Before you go, I can't -- I can't control myself. COMMISSIONER HALAS: Me either. MR. MUDD: Well, I had a hard time. COMMISSIONER COYLE: Okay. I'm on a timer now. So I've got to make -- you know, I think this character assassination by association is absolutely despicable. Mr. Torre hasn't -- there hasn't been any indication that Mr. Torre did anything at all wrong, and because he worked in public relations for Governor Ryan doesn't mean that he also did something wrong, just as I suspect Martha Stewart's publicist is not being accused of having done something wrong because the person she worked for did. So you know, I think this is despicable, and I would like to see the newspaper adopt a more reasonable approach on issues like this and give people an opportunity to demonstrate their good character rather than making assumptions of this nature. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: I go along that (sic) totally, and I'm amazed at the character assassination or the idea that a person is guilty just because of association, and if there's no grounds there, if the information was given to the Naples Daily News, then I think that they ought to use a little scrutiny in regards to exactly how they go about reporting it. CHAIRMAN FIALA: Okay. Next item? Item #15C FEMA LETTER: FLOOD INSURANCE STUDY AND FLOOD Page 119 q(�12 April 27, 2004 INSURANCE RATE MAP BY 12/01/04; CHAIRMAN TO SEND LETTER TO FEMA — APPROVED MR. MUDD: Commissioner, next item is, I just received a letter, and this is of-- this is of some immediate concern to the Board of County Commissioners and to Collier County. It's a letter that I received from the Federal Emergency Management Agency, and I'm going to try to put it on the visualizer. And hopefully we can -- we can -- and hopefully we can read along a little bit. And it basically says -- this is to Mr. Joseph Schmitt, and Joe doesn't have the authority to answer this. And it's reference to Flood Insurance Study and Flood Insurance Rate Map for Collier County, Florida, in incorporated areas restudy schedule agreement. Dear, Mr. Schmitt: As stated in our enclosed March 24th, 2004, letter, the effective date of April 16th, 2004, that was established for the Flood Insurance Study, the FIS, and the Flood Insurance Rate Map, the FIRM, for Collier County, Florida, and incorporated areas, has been postponed in order to provide sufficient time to address the county's request to improve local flood hazard information. Following detailed coordination efforts including a February 13th, 2004, meeting, at our regional office in Atlanta, Georgia, and subsequent conference calls on March 2nd, March 5th, and March 15th, 2004, Collier County agreed to provide the Federal Emergency Management Agency, FEMA, with revised flood hazard analyses and digital flood hazardous mapping along with all supporting data by no later than December 1, 2004. We appreciate the county's continued commitment and expenditure to improving the flood hazard information reflected in the -- in the Collier County and incorporated areas, FIS and FIRM. Second -- next paragraph. The geographic areas covered by the Page 120 crt April 27, 2004 new analyses and mapping include the entire Collier County and incorporated areas shoreline as well as the following six basins: The Cocohatchee River, the Golden Gate main canal, downstream of 951 canal, District 6, Henderson Creek/Belle Meade, and the southern coastal basin, and the Golden Gate Estates north. The methodologies to be applied to the restudy and the deliv -- and the deliverables to be submitted are outlined in the FEMA document titled, Guidelines and Specifications for Flood Hazardous Mapping Partners, dated April, 2003, found on the FEMA website at HHP (sic), and it's there for people that can read it. During the coming months, we will be working closely with Collier County and the county's consultant, Tomasello Consulting Engineers, Inc., which is TCE, to incorporate the improved data into the FIS and the FIRM. The enclosed schedule of work details the proposed submittal dates for each deliverable. To help ensure the quality of the final deliverables, we have tasked our map coordination contractor, Dewberry, to coordinate with Tomasello's -- TCE during the development of the -- during the development of the deliverables. Within 30 days of the receipt of each intermediate data submittal, we agree to provide review comments to TCE. In return, we would like to obtain the county's agreement that all deliverables will be submitted to us by December 1, 2004. If the deliverables are not -- make sure I get it. If the deliverables are not submitted to us by this date, we would also like for the county to agree that we can proceed with the finalization of the FIS and the FIRM on December 1, 2004, utilizing the data that has been submitted to us by that date. If Collier County is in agreement with this approach, please reply by this letter within two weeks of receipt, indicating that all deliverables will be provided by December 1, 2004, and understand Page 121 1`Zst2 April 27, 2004 that should they not be delivered by that date, FEMA will proceed with a finalize -- with finalizing the flood hazardous study for Collier County and incorporated areas using the information obtained as of that date. And then it basically says, here's the point of contact. But the key issue is, they want a reply within two weeks of submittal. I received it yesterday. We won't have time to bring it back to the board for discussion. And I pretty much have to get an answer, if the board directs to, to basically reply in agreement, that the deliverables will be there by 1 December of 2004, and if not, then FEMA will proceed with their maps with the best data that they have available. And, Commissioner, the one piece that I didn't show you -- and I ran this across -- against -- I ran this timeline against Mr. Schmitt over lunch, and he basically says that this is what was agreed upon at their meetings and those telephone conversations on those three different dates. So it's -- it's with -- it's in keeping with what we agreed with them. They just want confirmation now. COMMISSIONER COLETTA: Right. And we are within the schedule that we originally set up, and we have another phone meeting taking place this coming Monday. As far as I know -- and of course, I'll be honest with you. I've never been in a situation quite of this magnitude before. We're not going to make the date, not 100 percent, for everything that they're asking for. We're going to have things that are going to be left out because of individuals out there that won't do what they're supposed to do as far as doing the surveys on their property. That's going to be an ongoing thing. Maybe Mr. Schmitt would like to address it, because I want to make sure we got everything up front. Because there's a certain responsibility on the part of the public to make this work. MR. SCHMITT: For the record, Joe Schmitt, administrator of Page 122 (0,51a April 27, 2004 MR. MUDD: I'd be glad to have all the commissioners read that stuff-- COMMISSIONER COYLE: Yeah. MR. MUDD: -- to make sure that you can understand it. COMMISSIONER COYLE: I mean, let's face it, if we can understand it, anybody can understand it. MR. MUDD: I won't go that far. CHAIRMAN FIALA: Okay. MR. MUDD: That's all I have, ma'am. If I could get a vote on that. CHAIRMAN FIALA: Yes. We have a motion on the floor to approve from Commissioner Coletta, and we have a second by Commissioner Fiala, to approve this letter. That's what I want to say. Any further discussion? (No response.) CHAIRMAN FIALA: All those in favor, say aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) MR. MUDD: That's all I have, ma'am. Item #15D GOLDEN GATE PARKWAY — AIRPORT ROAD OVERPASS — DISCI TSSFD CHAIRMAN FIALA: Okay. Now we'll start down here with Page 127 7 1 „ 11, i 14 al re il = m 0. } ILI V V, .z O Ca O N �"� w � ° a W m 0 QOz v 1-- 0 00 W W W = = ce F- m 'V cn C7 a 'J W _z 0 Z W C) cn �, o I (!) ° R , ° 0 W 0 re O N¢ ce 0 0 c 000 a a b 0 H o ¢ 110 4J z° I- Ce O F- 0 ¢ 5D < /2 CU r - 0 0 Q Q w c) Z N N O Z m a y Umm W = Qom= Z o I- O � p 0U ° C :5, Om1 ` Q m �� ce W ■ a W m O = mull i z �� _ DL w > W o 5 ' 0 i- I- W <�� Q ; W 'n52U • m V ' CD I- 00i- W Z 0 � 2 H H U , � 0 H 0 CL c zz �W 0 W O Pi N W �LV 1 < � f 1-4 Lu p v 1 IW- ~ �1 a } u' - w a p H c ice a a W c7 ~ _ ° � ° ., o Z � m � 0 U a W W W �- W W J J V a J u a z 020 a v7 U cd 'a z a W CO uj 0 I O m 0 N N s OJ o a at O Q m W W W 2 r+ H m I=- I=- Q > '0 cn0w Z W � a� _fl.n I 0 u) _.,1- ce �E .�/ I N Q Q 2 4.1 ti) CDoz - o Q 0 i L N 0 I- Z ro E. , 5 2 1-7. F- a p 10 I-- : i.., Q 2 z Q GC Ln 0 c ° J 5 Z G d- 00 a Q CU 0 U N H Q H 0 4 , +� a. 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C: 1I- oz a 0 ^ RI 0 E a ni 47 .0 0 I-- w F- O < D Q W 0 C ° J h-I Z Ce W � O ° < < al a)Z 0I-0 Z w Qa, U m CO W = _ z U z ,_, W D 0 Q U U) 0 ozQ O Q Om% Q m O C: W >mi 0 m H LL U. _1 ae / � O z O I- < I- = u- Qcn Q Y Z J W Qzw g W J J moll L.r) I .I.. 0 M CO UCO w .. a -�' o O I- W W p } I- = I-- Z , z Q I- Z r( +� w 0 0 zLu I- y ac.9r, o Ce CL W o o6w Ow W I--1 O 1-4 W W I"' d. w � J LU W a W G1 Z t W C: a Q 0 C MOz a g W ,_, Owo /1J Z Q all � owo � D V CL ~ Z W L - Jz W `� W W E a. JQz Q 2 ¢ < o� O C UU uu U a VE4J1\-)y PI-1 eta l i em c3 ,A M-rea 91Z5 11 Results of the CRA Advisory Committee's review of the changes to the Proposed TAMP as recommended by Commissioner Henning. 1. The area shaped like an upside down "L" designated grey with•slash marks, labeled IMU (Industrial Mixed Use) should be removed from the proposed FLUM and left to the existing LR (Low Residential) designation. Note* The IMU designation had been placed at the suggestion of Collier County Planning staff to provide a buffer between the airport industrial area and residential areas. Action: Jeffery Randall made a motion to follow the recommendation to remove the area shaped like an upside down "L" designated grey with slash marks that is labeled IMU (Industrial Mixed Use) from the proposed FLUM and remain in the existing LR (Low Residential) designation. Julio Estremera seconded the motion and it passed by a vote of 7 to 1. 2. Remove the rectangular area depicted with red dashes to the east of the airport. Note* This 103 acres was to be added to the Immokalee Urban Area to provide for an area to expand the airport runway and to save the Airport Authority from having to complete a comp plan amendment should they wish to expand the runway. Action: Floyd Crews made a motion not to remove the rectangular area depicted on the proposed FLUM with red dashes to the east of the airport. James Wall seconded the motion and it passed by a vote of 6 to 2. 3. Remove the IMU designation depicted in grey and leave the area with its existing designation CC-I (Commerce Center-Industrial). Note* See Number 1 above, this designation was to provide a buffer between• industrial and other uses. "2. Commerce Center- Industrial District" (Verbiage from the current TAMP) "The purpose of this designation is to create a major Activity Center that serves the entire Immokalee Urban Designated Area and surrounding agricultural area. The Industrial District shall function as an employment center and shall encourage industrial and commercial uses as described in the Land • Development Code for the Commercial (C-1 through C-5), Industrial and Business Park Zoning Districts. Higher intensity commercial uses including packing houses, industrial fabrication operation and warehouses shall be permitted within this District. Accessory uses and structures customarily associated with the uses permitted in this district, including offices, retail sales, and structures which are customarily accessory and clearly incidental and subordinate to permitted principal uses and structures are also permitted." Action: Jeffery Randall made a motion to remove The IMU designation depicted in grey on the proposed FLUM and leave the area with its existing designation CC-I 1 /2f /I2 i • Irq111 t . (Commerce Center-Industrial) in place. James Wall seconded the motion and it passed by unanimous vote. 4. Insert language proposed by Mr. Davenport into Policy 6.1.7: Language Proposed by Davenport: "Policy 6.1.7: Existing Mobile Homes within the Immokalee Urban Area a. Existing mobile homes located on individual lots or parcels and not located within an approved mobile home park or subdivision may continue in any Future Land Use Subdistrict; however, said mobile homes may only be enlarged, altered, improved or replaced in accordance with the nonconforming provisions provided in LDC Section 9.03.00. b. Existing mobile home parks that havc an approved Sitc Development Plan _ ! - : _' - e e . -•-- - - • - as of the effective date of this Policy are allowed in all of Immokalee Urban Area subdistricts that allow residential development. , 2011], the County will amend LDC Section 2.03.07 G.6,• - - - - •4 _• - a - - - -- - - " - - - home subdivisions as well as mobile home parks, and to extend—the • _ - • • _ --e: - _ •- e- - -e e - - - e allow residential development. c. Nonconforming Mobile Homes, Mobile Home Parks The purpose of these provisions is to recognize that there are nonconforming mobile home parks in the Immokalee Urban Area, to provide incentives to upgrade these parks while requiring the elimination of substandard units, and to allow park owners to take advantage of alternative development standards in order to cause some upgrading of conditions that would normally be requires of conforming mobile home parks that were in existence before November 13, 1991, No Site Plan revision or Agreement will be necessary between Collier County and a property owner." . 2 9[251t 49fr Inserted by Bob Mulhere: d. "This will be accomplished through an updated Mobile Home Site Improvement Plan Process, which will be set forth in the Land Development Code, and which will remain in effect for a period of not less than three years. " Action: Carrie Williams made a motion not to accept the Davenport language but rather follow the action recommended by the CRA Advisory Committee to remove Policy 6.1.7 from the proposed TAMP. James Wall seconded the motion and it passed by a 7 to 1 vote. 5. Put Farmer worker Labor Camps as an allowable use in the Commercial District by adding existing Policy 1.5.2 to proposed Policy 6.1.4. "(VI) Policy 1.5.2: "Transient Housing" or "Migrant Labor Camps", as defined by Section 10D-25, F.A.C., may also be developed in areas designated for commercial land uses on the Immokalee Area Future Land Use Map. Such housing must meet the requirements of the General Commercial Zoning District (C-4) of the Collier County Land Development Code, as amended." "Policy 6.1.4: Farmworker Housing Collier County recognizes the need for farm labor to support the County's agricultural industry. Collier County will encourage the provision of housing for seasonal, temporary or migrant farmworkers, provided that such housing is consistent with Migrant Labor Housing provisions of Section 64E-14, Florida Administrative Code, and does not conflict with the existing zoning districts or the Immokalee Area Future Land Use Map." Action: Julio Estremera made a motion to re-write Policy 6.1.4 to incorporate Policy 1.5.2 as follows: "Collier County recognizes the need for farm labor to support the County's agricultural industry. Collier County will encourage the provision of housing for seasonal, temporary or migrant farmworkers, provided that such housing is consistent with Transient Housing, Migrant Labor Camps, and Migrant Labor Housing provisions of Section 64E-14, Florida Administrative Code, and does not conflict with the existing zoning districts or the Immokalee Area Future Land Use Map." Jeff Randall seconded the motion and it passed by unanimous vote. 3 ‘05 119 6. (Part!) Place the cap on non-residential density/intensity at 7 million. (Part 2) The density in CMU to the same as current. Referencing proposed Policy 6.1.10. "Policy 6.1.10: Non-Residential Development Non-residential development in the lmmokalee Urban Area will be limited to no more than 8.45 million square feet through the 2025 Planning Horizon. Non- residential development includes commercial, retail, office, industrial, institutional and governmental buildings, but excludes hotels, motels, government subsidized, affordable or farmworker housing, and development within the Seminole Reservation. Collier County staff shall maintain records on the amount of non- residential development in lmmokalee and shall review, and update as necessary, the non-residential development limit as part of the Evaluation and Appraisal Report process." Action#1: Floyd Crews made a motion to place the cap on non-residential density/intensity at 7 million square feet. Jeff Randall seconded the motion and it passed by unanimous vote. Action#2: James Wall made a motion not to keep the density in the CMU the same as it is currently. Jeff Randall seconded the motion and it passed by 7 votes and 1 abstention. 7. Insert new policy to read (u ane Police\• "There will be no change in SR 29 in the Immokalee Urban Area that will result in a reduction of capacity until an alternative route and funding for said route are identified. SR29 shall remain subject to concurrency until said rout and funding are available." Action: Carrie Williams made a motion not to accept the newly proposed policy. Ski Olesky seconded the motion and it passed by unanimous vote. 8. Remove or modify Policies 4.2.2 and 4.2.3. "Policy 4.2.2: Long Range Transportation Improvements Collier County will explore the possibility of accelerating the implementation of the Collier County Metropolitan Planning Organization's Long Range Transportation Plan, subject to available funding, as a precursor to initiating new investment in the Immokalee area. In particular, the County will support and encourage: 4 9�2sf'z • the Florida Department of Transportation in the widening of SR 82 between 1-75 and SR 29 as a first step in improving transportation access to Immokalee; • the building of the SR 29 Bypass Route to create direct access to SR 82 and SR 29 from the Immokalee Regional Airport and Florida Tradeport; • the Florida Department of Transportation to improve road conditions along State-owned roads; • the creation of new, or expansion of existing, transportation corridors that improve access between Immokalee, the City of Naples, and coastal Collier County; and • the creation of new collector roads, including the Little League Road extension near Lake Trafford, to handle increased future population growth and traffic in that area." "Policy 4.2.3: Access from Immokalee Airport to Future SR 29 Bypass Collier County will coordinate with the Florida Department of Transportation (FDOT), and with landowners and other stakeholders, to identify one or more preferred routes to connect the Airport and the future SR 29 Bypass, subject to Policy 1.1.1." Action: Jeff Randall made a motion to strike Policy 4.2.3 and to re-write Policy 4.2.2 as follows: "Collier County will explore the possibility of accelerating the implementation of the Collier County Metropolitan Planning Organization's Long Range Transportation Plan, subject to available funding, as a precursor to initiating new investment in the Immokalee area. In particular, the County will support and encourage: • the Florida Department of Transportation in the widening of SR 82 between 1-75 and SR 29; and SR 29 to SR 27, as a first step in improving transportation access to the Immokalee Regional Airport; • the building of the SR 29 Bypass Route to create direct access to SR 82 taf� owned road , • the creation of new, or expansion of existing, transportation corridors that improve access between Immokalee, the City of Naples, and coastal Collier County; and • • the creation of new collector roads, including the Little League Road extension near Lake Trafford, to handle increased future population growth and traffic in that area." Ski Olesky seconded the motion and it passed by unanimous vote. 5 IMMOKALEE CRA 91i5 i� i The Place to Cal Home! Enclosure 1 MINUTES Immokalee Local Redevelopment Agency March 28, 2012 A. Call to Order. The meeting was called to order by Michael Facundo, Chair at 1:00 P.M. B. Roll Call and Announcement of a Quorum. Advisory Committee/EZDA Members Present: Michael Facundo, Floyd Crews, Eva Deyo, Julio Estremera, Ski Olesky, Jeffrey Randall, James Wall, and Carrie Williams. Advisory Committee/EZDA Members Absent/Excused: Robert Halman, Daniel Rosario, Angel Madera and Kitchell Snow. Action: A quorum was announced as being present. Others Present: Steve Hart, Magda Ayala, Bob Mulhere, Jay Roth, Bob Krasowski, John Lundin, and Gabriel Acosta. Staff: Penny Phillippi, Brad Muckel, Marie Capita, Rosemary Dillon, and Christie Betancourt. C. Introductions. All present introduced themselves to the Committee. D. Announcements. E. Adoption of Agenda. Action: Mr. Olesky made a motion to accept the Agenda with the addition of H i., Façade Grant, and Ms. Deyo seconded the motion and the Agenda was approved by unanimous vote. E. Communications. a. The Communications Folder containing the Public Notices and various news articles. F. Consent Agenda. a. Approval of Minutes for the February 21, 2012 CRA Advisory Board meeting. Action: Ms. Deyo made the motion to approve the Consent Agenda, the motion was seconded by Mr. Olesky and the Consent Agenda was approved by unanimous vote. G. Old Business. a. IAMP—Update i. Response to questions from February meeting. Bob Mulhere reviewed the questions presented to the CRA Advisory Committee by Pam Brown during the February meeting. He then reviewed the response to each of the questions one by one, providing clarification when requested. Floyd Crews indicated that he will continue to have issue with the LAMP until his Code violations are satisfied. Carrie Williams informed the Committee that she hired an outside planning consultant to review the current and the proposed IAMP, to review the current and proposed FLUM and to document how the proposed LAMP will impact the Williams Farm holdings in Immokalee. She stated that the consultant informed her that the proposed IAMP is not detrimental but rather provides a high value to 1 9/70 some of the holdings since the use could be changed to a higher land use, i.e., under the proposed IAMP, the mobile home park would be Mixed Use Commercial if the family should decide to re-zone the property to that use. ii. Letter to Commissioners The Committee was provided a copy of the email from Jeff Klatzkow, County Attorney in reference to the letter the Committee sent Commissioner Hiller. Letters were available for the other Commissioners. Action: Mr. Olesky made a motion to transmit the letter to all of the Commissioners. Ms. Williams seconded the motion and it passed by unanimous vote. b. MSTU Update Ms. Phillippi informed the Committee that he applicant chosen did not pass the screening and that she and Mr. Muckel will continue to interview applicants. c. Downtown Immokalee Stormwater Project Brad Muckel, Project Manager, stated that work has begun on Eustis Ave., the pond is being dredged and that 9th Street will be completed during the Spring Break for the elementary school. d. Code Enforcement Highlights Kitchell Snow was absent therefore, no report was provided. e. IBDC Manager Report Marie Capita, IBDC Manager, reported on the activities of the IBDC. She requested approval to apply for the 2012-2013 CDBG funds. She also requested permission to use $15,000 TIF funds for a Microenterprise Guaranty Loan Program. Action: Mr. Randall made a motion to approve a CDBG application for $360,000 for the IBDC from Housing, Human and Veteran Services. Mr. Olesky seconded the motion and it passed by unanimous vote. Action: Mr. Olesky made a motion to create a new Microenterprise Guaranty Loan Program and to commit $15,000 of CRA TIF as seed money for the program. Mr. Randall seconded the motion and it passed by a vote of 7 to 1 with Mr. Estremera opposed. f. CRA 2012 Operational Plan Ms. Phillippi provided the Committee with the final copy of the 2012 Operational Plan. g. First Street Plaza Update Ms. Phillippi reported that BCC approved the purchase of the land at the corner of 1St and Main Streets and that the closing is expected to occur on April 12, 2012. h. Red Flag Item — Citizen request that the CRA Advisory Committee send a letter to FDOT requesting a light at Experimental Station Road and Hwy. 29. Ms. Williams asked it the letter had been sent requesting a light at Immokalee Drive and Hwy. 29. Ms. Phillippi told her it has not been sent. Motion: Mr. Crews made a motion to send a letter to FDOT requesting that they reduce the signage on Main Street and that they install a turn signal at Immokalee Drive and Main Street. Mr. Randall seconded the motion and it passed by unanimous vote. 2 1'ZS IZ i. Façade Grant for not-for-profit agencies. Ms. Phillippi asked the Committee to consider whether or not they wish to provide Façade Grants to non-profit agencies such as Good Will Industries, the Eagles Club, etc. Action: By consensus, the Committee would like some time to think about the question. I. New Business. J. Citizen Comments. Mr. Lundin provided a video presentation on his idea for a theme park in Immokalee. K. Next Meeting Date. Regular Meeting April 18, 2012 at 8:30 A.M. L. Adjournment. The meeting was adjourned at 3:15 p.m. Post Meeting: g. National Business Incubator Association Conference Via email April 3, 2012, the Executive Director sent an email to the CRA Advisory Committee (copy attached)requesting a vote to approve travel to the NBIA International Conference on Business Incubation to be held in Atlanta, Georgia for Marie Capita, the IBDC Manager. The Conference will be held May 6 -9, 2012. The total cost for the tip is $1,821.00: Flight - $359.00; Per Diem- $120.00; Registration- $895.00 and; Hotel - $447.00. Action: The results of the request were that 9 persons voted yes by email, 2 voted yes by telephone and 1 had not responded at the time of this mailing. Therefore, the request passed by majority vote. 3 9LI1--. Legend A_ZONE_2012 :, AE_ZONE_2012] AH ZONE_2012 X_ZONE 2012 t 144'f I I X500 ZONE 2012 ■ ll r 1 �r , 1 967rt' .k. , tip . --- amo, , . -9-4,... „, I r. . .." /ilIi - . 4.9... .. :11, A it,, . . , - , i ' " Poly , .. - . r, r IN 'MI IN 1161 7 1 ' 148e _ '~ • " rAV It .. V F ..----,7 Li— Irt" r,� ..x _ .. �, ti I` y l'yak: 1tr if, - _11111' IMMOKALEE URBAN AREA - - 16764-TOTAL ACRES ZONE ACRES A 344.98 2% AE 2448.89 14% AH 11658.43 69% X 1310.76 8% X500 1123.16 7% 4 PROJECT: IMMOKALEE BOUNDARY 2012 AUGUST APPROVED DFIRM FLOOD ZONE CLASSIFICATIONS GGEACA Golden Gate Estates Area Civic Assoc. PO Box 990596 I _., Naples,FL 34116 k. €. www.estates-civic.org '` a• R/25/12, 0 IP OP( *1 , T ..... 8 , . 0 ,, .,.. w) tIA H t rri lit z. 3 . P li ry o p - 0......cr, t. u 0 airi i � A (.9°a r t II ► ' O C - -c s* y- 1. 1 tiS II ' s C' _1- 3. T I _ ql Z..._,_ . . A -a— e; estr- r� to ,. i . ;\ -'-■1'1,,. ■ ► s . C 0 q> I. 3 ► --© A s A (I) s Jr\ o ; e. a., IA /----Sio.1 ,ik irq s 41/2, /I Z COLLIER CO. DFIRM ZONES 2012 RURAL GOLDEN GATE ESTATES E OF 951 Legend jr)--L` (— 1 1 - IIIII RURAL ESTATES E OF 951 - / I i , X500 ZONE 2012 GG 2 i./ — �� , Vi1. r r � X ZONE_2012 GG AH_ZONE_2012 GG MEN AM AE ZONE 2012 GG 1111111111== MEE Il =EMILIE! IIMIIIIII= ===1111 I -, Aiii __ 1111 1111 ii ........11........ __I__ n Al 15 pi.1 L... __. .......m.--..y. ..1 IIIIIIIIIIII !I1PI II! •_i1n,�� ■i.. �lll=�-in_i. ■ = il��iI�Q__ ___!nil x mom... LIM El= =un ` E 4_ e ilir sm.=mm...m.i 1 • 1 It./ ACRES 53405 100% 4613 9% X 500 GGEACA 7701 14% X Golden Gate Estates 39938 75% AH Area Civic Assoc. 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Morgan DOE From: KlatzkowJeff <JeffKlatzkow @colliergov.net> Sent: Tuesday, September 25, 2012 4:56 PM To: Patricia L. Morgan Subject: RE:Item#10E No need; the term expires on its own. -Jeff From: Patricia L. Morgan [patricia.morgan @collierclerk.com] Sent:Tuesday, September 25, 2012 4:51 PM To: KlatzkowJeff Cc: Mitchelllan Subject: Item#10E Resolution created to declare a vacancy?? Please advise.Thank you. Trish Morgan, BMR Manager Clerk of the Circuit Court&VAB Minutes and Records Department (239)252-8399 Phone (239)252-8408 Fax patricia.morgan @collierclerk.com Please visit us on the web at www.collierclerk.com<http://www.collierclerk.com/> This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. 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Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. if 1 Cpmort(S S c a o---) e-W-- Ft A L NO T-E 1 T 1: 1tv1 l 0 Z- 912 0/'Z__ FAC RESTORE ACT MEETING OF 9/19/2012 10:00 AM Lowes Don CeSar Hotel,St. Pete Beach Discuss/Disclaimer SUNSHINE Laws in full affect. Only 1 Commissioner per county-to then take resolution back to county for consideration. Alex- NO DISCUSSION OF COUNTY/COMMISSION business discussed at this meeting Roll Call—23 Counties represented—100%participation Note: Bed tax dollars higher than ever before in Pinellas County Pat Gleason gave informal opinion on oil spill—special council to commission (8 county commissioners sit on commission) - Remove anything that concerns the commission from this meeting. Formulas& Pots created—15 members not aware of concerns. Time lines in the Act 23 counties need to realize time lines and understand Idea and point is to take the Interlocal agreement back to our respective counties. Note: Taylor County already on board and few other counties will be considering this week. Alex—Bring back to BCC for consideration, discussion and adoption of resolution for the Interlocal agreement Restore Act—3 pots of money 1. County Pot—35%, 2. Competitive Pot—Submit applications 3. Consortium Pot—at least one member from each affected county Consortium needs to have as much flexibility as possible. Sub groups within could be possible. Initially all can be members and others may join after. To leave consortium,just send notice. No criteria presently for approval process. Alex-Why flexibility will be needed, no present plans on how things will be done and criteria and process. Final version of resolution will be provided on Friday, 9/21 (first said to be on Monday, 9/24)to present to Commissioners for discussion and approval. Alex—County attorneys have looked over 5 drafts Restore acts says: A consortium must be formed to form a plan to present to council (with 1 rep from each county) Legally nothing stops the state from forming their own consortium and take over. Alex- Legislature can form own group, no guarantee they won't interfere Alex—question was asked, how does the public/outsiders get involved? That would be up to the consortium. If a county chooses NOT to participate, even the Restore Act says all affected counties MUST be represented; we'll have to deal with it at that time. ??Are we establishing a whole new bureaucracy?? Consortium will decide on financial participation. There are right to get out are built in. Alex—Are we establishing w/open ended funding? How can we control modest budget? This will be up to the consortium to decide on budget—1 rep from each county, 23 votes. Plan is the most expensive part of the Act. Administrative dollars are already in the Act. Alex—FAC spoke with state about funding needs. Told to keep cost as minimal until consortium is formed, admin dollars in Act, matter of when they get the money. No one can be reimbursed until Trust Fund money is received. Hiring, etc will be hired of consortium votes to move forward. Hard to establish budget until a work program is formed. Alex—How much upfront money to sign on? Don't know yet until money in funds for fiscal year FAC role—FAC will support in many ways—but the consortium will need to fund itself. Alex—The FAC is there for support, they will be an advocate, and educated this group. Provide help to get group to form on own. Deadlines w/ U.S. Treasury—Initial planning deadlines—States are operating under their own deadline. No urgency that consortium comes up with a plan Alex—FL priorities—to go to Washington for federal counsel—local government must be at the table! V25//Z Local government must be at the table! We all need to have a seat that the table or someone else will make the decision that we'll have to deal with. All 23 counties MUST STAND TOGETHER—We must be unified (Monroe County) Everyone must sign the first Interlocal Agreement—Asked willingness to take agreement back to your respective County? 22 Yes, Gulf county with concerns and hesitancy. 1 no, Franklin county. Note: Franklin County WILL take back (this was discussed later) Formal legal entity: Consortium DISCUSSION ON TRANSITION BUDGET Financial Support in forming consortium Budget associated with all decisions Alex—Funding structure based on state law—Restore Act based on county population Formula established by state 8-79% 15-25% Based on population Next steps—Exec Council from FAC to form transition budget Allocation adds up to more than $53,000 to cover counties who choose not to participate (just in case) until end of December. Oct 1 is not hard and fast—we can go to final Alex—FAC has incurred costs and use to form the consortium Underlying financial issue in Bay County—suffered greatly We must work together. There are opportunities to work together but we have to have some trust. The 8 counties are already bonded and work well together. All must come together to work for the future dollars and counties need to control the money, not the state. We aren't going to get the money if we don't all work together. We're all affected together! No juvenile snapper are being recognized presently. Alex—When Bay hit, Naples was hit, boaters were moving forward,going up to the Carolinas so business down here—all were affected! It is all about Florida! We should not be thinking parochially, but as a team This is a massive undertaking. We need a commitment to stand together. Alabama and Mississippi and Louisiana are our biggest competition, not each other. Get counties who are ready to go right now and move forward, others can join in later but we must get the procedure going. Alex-Transition budget until consortium on own, consortium will come up with own budget & process. FL is unique! All other states are leaving it up to state regulation! We are trying to build the consortium to allocate funding. Take control of our own destiny! U.S.Treasury phone call—issues with the 8 counties formula and wants back-up material on the 15 counties'formula. Trying to understand and figure out what is needed for consortium. Work in federal side is still ongoing Costs until there is money in the trust fund are NOT reimbursable Governor is going to appoint someone to council. Lots of push and pull is to who it will/should be Feds say Treasury will cut the check, probably proportionately Gulf coast states are making proposals on the$1 billion Set aside—are they real dollars or credits Some estimates are 5 to 1—lots of posturing going on Both sides are strategically reevaluating Oct 22nd is proposed consortium meeting- Need to have a designated board member to attend. It's the hope to make this the initial consortium meeting. Will develop web site dedicated to Consortium and give notice in news papers, online to meeting Interlocal Agreement is the backbone Franklin County—oyster beds dead, shrimp, fish &crab (per Cheryl Sanders) *extra notes from Alex notes in red 6117/,02/ . i o I-Tevl I 0 1,_ (ti.e,,,,L43,i_e,A bt aliv ., etzdyj,. /twit& ,114-4e Fi fq C A FAC RESTORE ACT MEETING OF 9/19/2012 / �' '-a--c9 L�� VVV 10:00 AM pi�fr4V , _r. ' 71�/1Y�✓J%L0.4wt Lowes Don Cesar Hotel,St. Pete Beach i�, 4j ` fry Discuss/Disclaimer SUNSHINE Laws in full affect. Only 1 Commissioner per county-to then take resolution back to county for consideration. 66'40)1 A2te4" (7, P410 f Alex- NO DISCUSSION OF COUNTY/COMMISSION business discussed at this meeting 6 kerti;i4 0, Roll Call—23 Counties represented—100%participation Note: Bed tax dollars higher than ever before in Pinellas County Pat Gleason gave informal opinion on oil spill—special council to commission (8 county commissioners sit on commission) -Remove anything that concerns the commission from this meeting. Formulas & Pots created—15 members not aware of concerns. Time lines in the Act 23 counties need to realize time lines and understand Idea and point is to take the Interlocal agreement back to our respective counties. Note:Taylor County already on board and few other counties will be considering this week. Alex—Bring back to BCC for consideration,discussion and adoption of resolution for the Interlocal agreement Restore Act—3 pots of money 1. County Pot—35%, 2. Competitive Pot—Submit applications 3. Consortium Pot—at least one member from each affected county Consortium needs to have as much flexibility as possible. Sub groups within could be possible. Initially all can be members and others may join after. To leave consortium,just send notice. No criteria presently for approval process. Alex-Why flexibility will be needed, no present plans on how things will be done and criteria and process. 2311 Final version of resolution will be provided on Friday,9/21(first said to be on Monday,9/24)to present to Commissioners for discussion and approval. Alex—County attorneys have looked over 5 drafts Restore acts says: A consortium must be formed to form a plan to present to council (with 1 rep from each county) Legally nothing stops the state from forming their own consortium and take over. Alex- Legislature can form own group, no guarantee they won't interfere Alex—question was asked,how does the public/outsiders get involved? That would be up to the consortium. If a county chooses NOT to participate,even the Restore Act says all affected counties MUST be represented;we'll have to deal with it at that time. ??Are we establishing a whole new bureaucracy?? Consortium will decide on financial participation. There are right to get out are built in. Alex—Are we establishing w/open ended funding? How can we control modest budget? This will be up to the consortium to decide on budget-1 rep from each county,23 votes. Plan is the most expensive part of the Act. Administrative dollars are already in the Act. Alex—FAC spoke with state about funding needs. Told to keep cost as minimal until consortium is formed, admin dollars in Act, matter of when they get the money. No one can be reimbursed until Trust Fund money is received. Hiring,etc will be hired of consortium votes to move forward. Hard to establish budget until a work program is formed. Alex—How much upfront money to sign on? Don't know yet until money in funds for fiscal year FAC role—FAC will support in many ways—but the consortium will need to fund itself. Alex—The FAC is there for support,they will be an advocate, and educated this group. Provide help to get group to form on own. • Deadlines w/U.S.Treasury—Initial planning deadlines—States are operating under their own deadline. No urgency that consortium comes up with a plan Alex—FL priorities—to go to Washington for federal counsel—local government must be at the table! "J / f Local government must be at the table! We all need to have a seat that the table or someone else will make the decision that we'll have to deal with. All 23 counties MUST STAND TOGETHER—We must be unified (Monroe County) Everyone must sign the first Interlocal Agreement—Asked willingness to take agreement back to your respective County? 22 Yes,Gulf county with concerns and hesitancy. 1 no, Franklin county. Note: Franklin County WILL take back(this was discussed later) Formal legal entity: Consortium DISCUSSION ON TRANSITION BUDGET Financial Support in forming consortium Budget associated with all decisions Alex—Funding structure based on state law—Restore Act based on county population Formula established by state 8—79% 15-25% Based on population Next steps—Exec Council from FAC to form transition budget Allocation adds up to more than$53,000 to cover counties who choose not to participate (just in case) until end of December. Oct 1 is not hard and fast—we can go to final Alex—FAC has incurred costs and use to form the consortium Underlying financial issue in Bay County—suffered greatly We must work together. There are opportunities to work together but we have to have some trust. The 8 counties are already bonded and work well together. All must come together to work for the future dollars and counties need to control the money, not the state. We aren't going to get the money if we don't all work together. We're all affected together! No juvenile snapper are being recognized presently. 41(011V Alex—When Bay hit, Naples was hit,boaters were moving forward,going up to the Carolinas so business down here—all were affected! It is all about Florida! We should not be thinking parochially,but as a team This is a massive undertaking. We need a commitment to stand together. Alabama and Mississippi and Louisiana are our biggest competition, not each other. Get counties who are ready to go right now and move forward,others can join in later but we must get the procedure going. Alex-Transition budget until consortium on own,consortium will come up with own budget& process. FL is unique! All other states are leaving it up to state regulation! We are trying to build the consortium to allocate funding. Take control of our own destiny! U.S.Treasury phone call—issues with the 8 counties formula and wants back-up material on the 15 counties'formula. Trying to understand and figure out what is needed for consortium. Work in federal side is still ongoing Costs until there is money in the trust fund are NOT reimbursable Governor is going to appoint someone to council. Lots of push and pull is to who it will/should be Feds say Treasury will cut the check, probably proportionately Gulf coast states are making proposals on the$1 billion Set aside—are they real dollars or credits Some estimates are 5 to 1—lots of posturing going on Both sides are strategically reevaluating Oct 22nd is proposed consortium meeting- Need to have a designated board member to attend. It's the hope to make this the initial consortium meeting. Will develop web site dedicated to Consortium and give notice in news papers,online to meeting Interlocal Agreement is the backbone Franklin County—oyster beds dead,shrimp,fish&crab(per Cheryl Sanders) ,(00 RESTORE At Meeting I . September 19, 2012 FLORIDA 10:00 am to 12:00 pm (EDT) A'SS‘.3CI EON 4 5F COUNTIES Lowes Don CeSar Hotel—King Charles Room Al About Florida 3400 Gulf Blvd., St. Pete Beach, FL 33706 AGENDA Gulf Consortium Joint Public Entity Creation/Steps Forward • Cover Memo • Gulf Consortium Q&A • Draft Resolution • • Interlocal Agreement Transition Budget • Cover Memo • Approval by FAC Board . • Staff Report on Other Activities/Contacts Made Proposed Gulf Consortium Meeting Oct 22, 2012 (Location TBD) Proposed Consortium/Affected Counties Meeting November 28th- Sarasota (in conjunction with FAC Legislative Conference) • p F L O R I D A [PIG 'Ira :111 Commission on Oil Spill Response Coordination Second Meeting September 12, 2012 Emerald Coast Convention Center, Fort Walton Beach, FL 9:00—9:20 am Welcome by the Chair, Introductions, and Roll Call Commissioner George Gainer(Chair), Bay County Board of County Commissioners 9:20 —9:30 am Administrative Review 9:30—10:20 am Planning and Operations Discussion 10:20—10:40 am BREAK 10:40—12:00 pm Command and Control Organization Discussion 12:00— 1:00 pm LUNCH 1:00 —2:30 pm Resources and Logistics Discussion 2:30—2:45 pm BREAK 2:45 —3:45 pm Discussion of Overarching Issues 3:45 —4:00 pm Announcements 4:00 pm ADJOURN 1 f , • DRAFT List of Initial Recommendations Regarding the Deepwater Horizon Oil Spill Response in Florida September 7, 2012 • NOTE: This list of DRAFT recommendations was developed by Tetra Tech, base 'onresearch and interviews,for consideration by members of the Florida Commission on Oil SpilIResonse Coordination. The information which follows has not been discussed by theiCommission, and is presented for information purposes only The.information is organized! 'general topic area Note that a list of acronyms used in this document appears on the lasttwoages. • Planning & Operations Issues -°'"'' �} ray • Specify additional pre-event requiremenjj foe r Area Contingency Plans (ACPs), S Q �, including provisions for plan developm t,• pp royal, and execution:. o Identification and prioritiatoNehvironmentally sensitive areas o Update ACP policy gu' fa c to,,iriclude: • dispersant u `e.(or restriction); • • protective weastrhs for different types of oil; • worst-casdtlischarge scenarios; • rest•ore pertonnel qualifications, position assignments,and dese pt c n of when the ACP or levels of the ACP get implemented • o Improve state, local (county and city), and public.participation in the ACP d:eveloment process • of horough vetting of ACP components with,and acceptance by, each Gulf ` coast County in Florida 4174' Use of applicable ACP measures modeled from other state ACPs across the ` h US (positive application of"lessons learned"—including from DWH) r, -:. o Better application of sound science in area contingency planning, 4,, :.�4 k:G.;:` considering water currents,tidal variations and the effects of protective o ,�. .�, measures used in environmentally and economically sensitive areas *A. 1 • ; o Include advantages and limitations of proposed ACP measures to make ;;•> each entity aware of,ramifications and impacts - o : Each'.potential;ACP element should be exercised with a maintenance component toy ensure functionality over the long term FL OSRC DRAFT List of Initial Recommendations—For Discussion Purposes Only Page 1 • 124 #(1).. ' \ ■ EPA and USCG should amend the NCP to provide more detailed guidance on the development of Regional Contingency Plans(RCPs)to include: o Local (county and city)involvement and acceptance of RCPs o Vessels of Opportunity(VOO) implementation guidance is needed o Require Oil Spill Removal Organization to participate in the planning process .X o There is a need for better prioritization and protection of econork&an environmental resources • o Volunteer coordination guidance is needed r: rv _°=yy • Define responsibilities and assignments related to a Spill of Nati>onal Sgriificance (SONS): Ft. .. o Incorporate Florida state and county emergency management personnel, contracts, and Emergency Operations Centers (., CS1 to ease the burden on the USCG ,, ' o Establish Memorandums of Understanding MOV) or Cooperative Agreements between state of Florida 40,009,6,G.G to pre-solicit quickly approvable contracts for implernentatkprf ACP elements similar to pre- storm contracts AP' 4, o Conduct SONS exercise periocickyifr every two or three years?—and include participation by ako..faul'f coast states(FL,AL, MS, LA and TX) o •Hold Gulf coast SONS:fee, Voi-or conferences every two or three years to review ACPs, previousSONS exercise "lessons learned,"technological or advancements, r lato , tychanges,One Gulf Plan changes,and other pertinent item, o Revise sg 'S Aff *WO I'r j.s to include state and local governments in the SONS responseV nization. - Command&c Control Organization and Functions .V ', • . R�e lure that.federal,state,and local governments participate in USCG's policy on 0,,conEt cting with the National Response Framework(NRF). USCG will be in the t-4* ��leaership role,with heavy involvement from all levels of government. .t` #tin i /emend NRF and the National Contingency Plan (NCP) organizational structures to • accommodate state and local representation. • f/004.1%21,0..' ` �} USCG and EPA should direct NRT and Regional Response Teams(RRTs)to improve ;y .. outreach and educational efforts in an ongoing effort to better explain the National Response System(NRS)and NCP to policymakers, state and local governments, and other stakeholders. • Require USCG to include state and local emergency management personnel in NCP training and exercises that includes sharing/coordination of applicable resources, such as State Emergency Response Team (SERT)Air Branch. FL OSRC DRAFT List of Initial Recommendations—For Discussion Purposes Only Page 2 ate tV • Require FEMA to include federal,state, and local personnel in National Incident Management System/Incident Command System (NIMS/ICS)training. • Clarify role of"local"governments in NCP—for example, ICP Houma worked directly with Louisiana parishes, but ICP Mobile did not. Resources & Logistics Issues ; • Greater reliance on local government personnel in implementing ACR and;.other protective measures • Require ICP branches to be established in each affected state vvh:e.p ai reaches within 9 nautical miles of state waters. �' k3, • Require USCG and the Responsible Party(RP)to be rep ese ntedand functional within each state EOC when oil reaches within 9 nau ical mile's of state waters. • Establish a unified Gulf coast web mapping applicat}:ocompatible across all five Gulf coast states to track data reports (e.g.,the,Geofs 'atial Assessment Tool for Operations and Response—GATOR) ,^ • Develop standards and processes for expetdcollection, processing,correlation, analysis, and distribution of satellite im, ger1yand oil thickness sensors to provide real-time direction'of spill respopsergratatnns. • Require that response vessels-be.d' ectQd in real-time by controllers in the air, not • on water of • Establish real-time requirements�.fOr RP to communicate with federal,state and •local governments. • • USCG should develop o ry guidelines for Vessels of Opportunity(V00)as part of • the RCPs and A s ,rvitltpre-certification, implementation requirements, sustainability requ'i'rements, and execution utilizing a "locals first"procedure • $Y {' 4.• • FL OSRC DRAFT List of Initial Recommendations—For Discussion Purposes Only Page 3 lily.. ,Ind Acronym List AC Area Command ACP Area Contingency Plan BOEM Bureau of Ocean Energy Management (US Department of Interior) �iy,A •BSEE Bureau of Safety and Environmental Enforcement (DOI) ..v, - CEMP Comprehensive Emergency Management Plan ,4.4,4,, •, . CFO Chief Financial Officer rt • kb F • CWA Clean Water Act V f DACS - Florida Department of Agriculture and Consumer Seryje DCA Florida Department of Community Affairs '•Fh-.,.� • DEM Florida Division of Emergency Management -5 r,;; DEP Florida Department of Environmental Protection; DFS Florida Department of Financial Services ;,,,:m r . ~° DOH Florida Department of Health . DOI US Department of the Interior le. . EMAC Emergency Management Assist ce t3 mpact EMC EM Constellation . EPA . US Environmental Profedfi:p Agency EOC • Emergency Operationst✓en e;r . . . • ESF Emergency Support F-Von DOT Department of variation FEIL Florida Emerge Inormation Line • RANG Florida Air National RANG l Guard FLNG FloridWWNational Guard FOSIL Florgia'O4I Spill Information Line - FSERT Prd Sate Emergency Response Team FWCF.lofida Fish and Wildlife Conservation Commission GATOR -y;;. ' Getspatial Assessment Tool for Operations and esponse HSPE ,,-41, +:=.F omeland Security Presidential Directive IC t�"_ '1.. Incident Commander • IC'S4 z' Incident Command System • JIC Joint Information Center MOU Memorandum of Understanding MTSRU Maritime Transportation System Recovery Unit NCP National Oil and Hazardous Substances Pollution Contingency Plan NIMS National Incident Management System FL OSRC DRAFT List of Initial Recommendations-For Discussion Purposes Only Page 4 051,2 4o NOAA National Oceanic and Atmospheric Administration NRF National Response Framework NWS National Weather Service OPA Oil Pollution Act (also OPA90) OTTED Governor's Office of Tourism, Trade, and Economic Development PIO Public Information Officer PRFA Pollution Removal Funding Authorization ;;,* `,.... k. RCP Regional Contingency Plan RECON Reconnaissance ,, RERN Remote Emergency Response Node SBA Small Business Administration SCAT Shoreline Cleanup and Assessment Technique - SCO State Coordinating Officer y • SEOC State Emergency Operations Center SMT State Management Team SERT State Emergency Response Team - SOGs Standard Operating Guidelines gt,. ‘;;t SOPs Standard Operating Procedures 9,:, } :4. SOSC State On-Scene Coordinator,• _,,..,' ` SWAN Simulating WAves Nearsh"ore SWO State Watch Office ""`. == Tt Tetra Tech 11., UC Unified Command ,, •, '• USCG United States ,asst Guard VOO Vessels of Opportunity a�. i;::iSsr� v' 'txs � .. ti FL OSRC DRAFT List of Initial Recommendations—For Discussion Purposes Only Page 5 FLORIDA ASSOCIATION OF COUNTIES0 OPTIONS AND CONSIDERATIONS FOR FEDERAL LOBBYING SUMMARY PAGE A. Federal Contract Lobbyist • Description: FAC hires Washington-based lobby firm. • Cost: $20,000 to $120,000. • Services: Will vary depending on fee structure; services range from general reporting, legislative updates to full issue advocacy. B. FAC Employee -- Federal Lobbyist • Descr iption: FAC hires new lobbyist to work federal issues exclusively. • Cost: $120,000=$200,0001. • Services: Legislative reporting, issue coordination, and advocacy. C. New FAC Federal Coordinator • Description: FAC hires new in-house federal coordinator. • Cost: $75,0002. • Services: Full-time legislative reporting; limited issue coordination. D. Existing FAC Staff—Federal Lobbying • Description: FAC uses existing legislative staff to coordinate federal issues. • Cost: No immediate costs. Could impact state legislative advocacy efforts. • Services: Range from general reporting and updates to limited issue coordination. E. Issue-Specific/Regional Lobbying • Description_FAC uses existing legislative staff to coordinate a very specific issue(s); this model may require hiring outside olegislative financial and from administrative staff.es who will • Cost:This model contemplates additional benefit from the lobbying work. • • Services: Depends on the issue but could include a full range of services, including issue reporting, meeting facilitation, advocacy, and issue implementation. 1 Estimate includes expenses for office,travel,etc. 2 General estimate. 41 2s)V2' tt)Y FLORIDA ASSOCIATION OF COUNTIES OPTIONS AND CONSIDERATIONS FOR FEDERAL LOBBYING BACKGROUND At this year's annual conference, Past President Doug Smith directed FAC staff to explore options that would provide the association a stronger lobbying presence on federal issues and programs. Included in that discussion was FAC's recent success in developing a regional lobbying effort among the counties impacted by the BP oil spill, and talks centered on whether this process could or should be replicated as a cost-effective option. To help the Board understand the breadth and scope of this issue, what follows are a list of discussion questions, an overview of FAC's past involvement at the federal level, options for federal lobbying,and a discussion of implementing a regional or issue-specific lobbying model. DISCUSSION ISSUES Perhaps the most important issue for the Board's consideration is determining its goal, or goals, for developing a broader federal lobbying presence. By developing more specific goals and objectives,the Board can then determine what lobbying options best meet its overall needs. As a part of this exercise,the Board may want to begin its discussion with the following questions: • What type or level of lobbying does the membership need—i.e., legislative updates, bill monitoring,full-time issue advocacy? • How will FAC identify and reach consensus on federal issues and priorities? • How will FAC measure whether its efforts are successful and its investment cost- effective? • Does the Board want to hire a full-time federal lobbyist, who will be a FAC employee, or does it want to contract with a Washington based lobby firm? • How would a federal lobbying effort be managed internally by FAC? • What resources are available to fund a federal lobbying effort? • Will a federal lobbying presence detract FAC from its state lobbying activities? 44dt) Gulf Consortium Formation and Structure Memorandum To: Florida Association of Counties • From: Mark T. Mustian, Nabors, Giblin, & Nickerson, P.A., FAC Special Counsel Date: September 14, 2012 - The Gulf Consortium can be created by adoption of the attached interlocal agreement among any or all of the 23 "affected counties," including the 8 disproportionately affected counties and the 15 non-disproportionately affected counties which were impacted by the BP/Deep Water Horizon oil spill event. A separate document describes how the•Gulf Consortium can serve the affected counties in the implementation of the RESTORE Act. This memorandum describes the structure of the Gulf Consortium as a joint public entity. Affected County Membership • • Every county along the Gulf Coast of Florida has the right to join the Gulf Consortium by adopting the interlocal agreement and causing it to be recorded. • • • Any member may withdraw from the Consortium at any time. Non-County Members • • Other public entities, such as cities and the state government, may be admitted to membership if they are approved by the county members of the Gulf Consortium. . • The affected county members can limit the membership rights of non-county members, allowing flexibility to seek out necessary public entity partners, but also to limit their voting rights. Non-Government Members • Florida law does not allow a non-government entity to be a member of the Gulf . • Consortium. The Board may allow non-government entities to serve in an advisory role. • One County/One Vote Governance • • The Consortium is governed by a Board of Directors consisting of one • - representative appointed by each of the affected counties which join the Consortidm.. • Each Director has one vote. A majority of the Directors constitutes a quorum. 1 ifr,sfr - Executive Committee • Five Directors chosen from the.Board of Directors serve as the Executive Committee. • The Chairman, Vice-Chairman and Secretary-Treasurer are elected by the members of the Board at a meeting held once a year. Two other members are selected by the elected Executive Committee members. • • The Executive Committee can take actions on behalf of the board that are specified in the interlocal agreement, including hiring a manager, renting office space, engaging an attorney and federal and state lobbyists, and opening a bank - account. Otherwise, the Executive Committee may exercise only the power • delegated by the Board. Consortium Meetings • • Regular meetings can be called by a majority of the Board members or by the Chairman. • All meetings require public notice as required by law. Immunity for Directors • • Directors are held harmless from any liability for acts of the Consortium and its officers and employees. • The Consortium has sovereign immunity. Annual Budget and Reports • For the first year, an interim budget is authorized. Thereafter, the agreement calls for an annual budget. • • Financial reports must be provided consistent with chapter 218, Florida Statutes. Sunshine Law and Public Records • The Consortium is subject to the law providing for open meetings and public records. • Chapter 120 relating to rule making does not apply to the Consortium. Amendments and Effective Date • The Interlocal Agreement may be amended by concurrence of all the Directors and approval by the governing body of each Consortium Member. • The Gulf Consortium takes effect after approval by at least two affected counties • and the filing of the agreement. 2 1 How a Joint Public Entity Can Serve Affected Counties in the Implementation of the RESTORE Act The Gulf Consortium can be authorized to serve the 23 "affected counties," including the 8 disproportionately affected counties and the 15 non-disproportionately affected counties in implementing any or all of the following aspects of the RESTORE Act. WHY a joint entity?—Gulf Consortium REQUIRED • In the state of Florida, the RESTORE Act provides that"a consortia of local political subdivisions" will develop the state economic and environmental restoration plan. The consortia shall include at a minimum "a representative of each affected county". • The consortium is responsible for the development and implementation of Florida's plan that will be funded based on a state "impact allocation" formula. It is estimated that Florida will receive 19-20 % of these funds. COORDINATION • The RESTORE Act provides for multiple pot: three separate funding pots for economic and environmental restoration and an additional pot emphasizing monitoring and • research. • The projects and programs developed will very likely require the planning and cooperation of multiple jurisdictions. • The Gulf Consortium can propose and implement large-scale projects and programs to be funded by the Gulf Coast Ecosystem Restoration Council, which is responsible for • developing a Master Gulf Coast Regional plan. • The Gulf Consortium can also help identify projects for the Natural Resource Damage Assessment (NRDA). TECHNICAL ASSISTANCE • The Consortium may be authorized to assist any of the 23 affected counties (if they so desire) in the plan development, implementation and administration of the 35 percent of RESTORE Act funds that constitute Florida's share as a Gulf Coast State and are allocated directly to the 23 counties. These funds are not subject to further appropriation. FLEXIBILITY • The Consortium can establish itself in almost any format, including o Multiple (Joint Interest or geographic) county groups, o Include state entities o Include other stakeholders OVERSIGHT& COMPLIANCE o Consortium can coordinate the 23 affected counties in the development of the Federal rules . to implement the RESTORE Act. o Consortium can provide a process that will be open and transparent to the public: 1 1120-- HOW do I get one?—Gulf Consortium Joint Public Entity o Chapter 163, Florida Statutes, authorizes counties and other public agencies to agree to use their powers jointly through the formation of another governmental entity so that they can efficiently address their mutual needs. o The idea of a separate legal entity created by two or more counties is much like the concept of a corporation or LLC that any person can create. A corporation has a charter and bylaws, which contain the powers of the corporation. The corporation is subject to laws and regulation that do not necessarily apply to human beings, and vice versa. Separate legal entities are common mechanisms through which counties and cities accomplish mutual goals. o A list of some of the separate government entities formed by counties and municipalities in Florida is provided in a separate document. Formation By Resolution o Counties desiring to join together can form a separate legal entity through the adoption of an identical resolution by each of the participating boards of county commissioners. • At a minimum, section 163.01 requires the participation by two counties to create a • separate government entity. Powers o The powers of the separate government entity are established in the resolutions creating . the entity. p privilege, or o Generally, a separate government entity may be granted "an y power, p g authority which . . . [the counties] share in common and which each might exercise • separately." Sec. 163.01(4), Fla. Stat. Sections 163.01(5) and (7) authorizes the separate government entity to exercise broad governmental powers, which can be further specified and government entity can resolution creating the entity. a fully developed and Thereafter, the powers the bylaws of the separate go Y adopted by the participating counties. Organization & Governance Structures o The bylaws and resolution provide for the governance structure of the separate governmental entity. o The structure can t esc ncluding havi g mo a than one goverining interests b dy, each of which participating counties, including can be given separate responsibilities for different purposes. • Costs o The start-up and on-going operations can be funded from county contributions or any other source that may be available. o Under certain circumstances, these up-front and other costs may be recoverable from RESTORE Act funds allocated for administration. 2 • 41k5 197 • • RESOLUTION NO. A RESOLUTION OF [NAME] COUNTY, FLORIDA APPROVING THE FORM OF THE INTERLOCAL AGREEMENT THAT ADMITS THE COUNTY AS A MEMBER OF THE GULF CONSORTIUM; AUTHORIZING THE GULF. CONSORTIUM TO ACT ON THE COUNTY'S BEHALF IN THE IMPLEMENTATION OF THE RESTORE ACT IN ACCORDANCE WITH THE INTERLOCAL AGREEMENT; • AUTHORIZING EXECUTION OF THE INTERLOCAL AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF [NAME]•COUNTY, FLORIDA AS FOLLOWS: • SECTION 1. AUTHORITY FOR THE RESOLUTION. This Resolution is adopted pursuant to the provisions of section 125.01 and Part I of Chapter 163, Florida Statutes. SECTION 2. FINDINGS. [NAME] County, Florida (the "County"), does hereby find and determine that: (A) The County is a county with frontage on the Gulf of Mexico entitled to membership in the Gulf Consortium, a joint public entity created by interlocal agreement among any or all of the counties along the Gulf Coast of Florida. • (B) The County desires to become a member of the Gulf Consortium. (C) In order to properly document the admission of the County to membership in the Gulf Consortium, it is necessary and desirable for the County to • authorize, execute, and deliver the Interlocal Agreement Relating to Establishment of the Gulf Consortium (the "Interlocal Agreement"), the form of which is attached hereto as Exhibit A. (D) To maximize the use of County resources and staff, it is in the best interest of the County to authorize the Gulf Consortium to act on its behalf in implementing the RESTORE Act in accordance with the Interlocal Agreement. SECTION 3. THE APPROVAL OF THE INTERLOCAL AGREEMENT RELATING TO THE RESTORE ACT. The form, terms and provisions of the Interlocal Agreement, submitted to this meeting, attached hereto as Exhibit A is intended to set the terms and conditions for the Gulf Consortium to act on behalf of the County in the implementation of the RESTORE Act upon the County becoming a Member of the Gulf Consortium. The form, terms and provisions of the Interlocal Agreement are hereby approved and the Chairman of the Board of County Page 1 of 2 • 12S �r • pie • Commissioners of the County and Clerk of the County are hereby authorized to execute and deliver said Interlocal Agreement in its name on behalf of the County. SECTION 4. FILING OF INTERLOCAL AGREEMENT. The County Clerk is hereby directed to file the Interlocal Agreement with the Clerk of the Circuit Court in Leon County, Florida as required by Section 163.01(11), Florida Statutes. SECTION 5. GENERAL AUTHORITY. The members of the County Commission and the officers, attorneys and other agents or employees of the County are hereby authorized to do all acts and things required of them by this Resolution and the Interlocal Agreement, or desirable or consistent with the requirements hereof • or thereof for the full, punctual and complete performance of all the terms, covenants and agreements contained herein or in the Interlocal Agreement, and each member, employee, attorney and officer of the County and the County Clerk is hereby authorized and directed to execute and deliver any and all papers and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated hereunder and under the Interlocal Agreement. SECTION 6. SEVERABILITY AND INVALID PROVISIONS. If any one or •more of the covenants, agreements or provisions herein contained shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, • agreements or provisions and shall in no way affect the validity of any of the other provisions hereof or of the Interlocal Agreement. SECTION 7. EFFECTIVE DATE. This Resolution shall become effective immediately upon its adoption. [NAME] COUNTY, FLORIDA • Chairman • ATTEST: • Clerk of the Circuit Court F:\General Data\WPDATA\smb\RESTORE - 163 Entity Development for County Managers\County resolution approving Interlocal Agreement.docx Page 2 of 2 • f ',E,a �6` O N c c )��c,�,�r r . t.? � c� r y u:mL;1i1 ?$ f 8 ...--.. ..2,,..,.....:::::....: cu (...) CZ. ei V C. l l. 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X) s ▪ 5 Department of Environmental Quality l L es o• f 4 r , N j."6:'. y N (tl Q 3 �n YY 30%to coastal parishes based on b ▪ o ■ c' S }!� allocation fomula a o 0 0 a s -v3 0¢{' 70%to the state v" 0 0 & a a 25%to other coastal counties based on ° - o' allocation formula -- 3 al 0- o o xt y � � ----75%to most impacted counties o E E ;ti e. Y 4?• 2' °J s� , by OP disaster _J _ _m v v g. �>_.._.,_ - — _ 4 '''''-''-'it`' J it F/4,3 AveounII o I g i:'i ti/1211?/ ,oX From: Florida Association of Counties To: Potential Counties of Gulf Consortium Subj: Transition Budget FAC is committed to serving Florida's 67 counties through our mission of preserving and protecting home rule through education, advocacy and collaboration. However, there are events that occur, such as the Deepwater Horizion Oil Spill, that call on the Association to work on the primary behalf of a specific region. When that occurs, FAC historically has asked those affected counties to provide financial support to the Association so these regional efforts can be implemented. When the RESTORE Act was being lobbied in Washington, the eight disproportionately • impacted counties contributed funds to support FAC's lobbying efforts. Now that the RESTORE Act has passed and FAC is working to create a consortium to maximize the opportunities for Florida's counties and advance the principle of home rule—securing that these decisions should be made on a local level — FAC is turning to those impacted counties to directly support our efforts. Therefore, FAC is asking those 23 Gulf Coast counties to reimburse FAC for the investments being made to create the consortium. If and when a consortium is formed, it will develop an independent operating budget and funding structure. Should any funds remain from the transition period, they will be transferred to the consortium. The Transition Budget is intended to accomplish the following: • Reimburse FAC for expenses associated with consultants, travel and other administrative costs. • Continue the lobbying effort with Federal Agencies to ensure Florida counties interests' are considered. • Continue to provide continuity to members until the Gulf Consortium is formed. The Transition Budget is not a bill for developing the interlocal agreement (ILA) and is not a fee for joining the Gulf Consortium. If approved by a majority of the affected counties, the Transition Budget will be presented to the FAC Executive Committee for approval and invoicing. ifrS) 0(1 Transition Planning Assumptions • Goal is to have RESTORE Consortium setup and running by October 1,2012 • Once established,the Consortium will be responsible for implementation of the RESTORE Act • Until October 1,2012, or whenever the Consortium is established, FAC will facilitate and coordinate the transition (detail below) Transition Period (now - October 1, 2012*) • FAC has hired Doug Darling to assist during this period. John Wayne Smith and Bill Peebles are also available and involved • Goals of Transition Period o Establish framework for Consortium Membership • Counties • o State involvement • Other stakeholders o Facilitate the planning for establishment of Consortium • Budget • Proposed expenses • Proposed cost sharing • Initial policy guidelines • Advocacy&lobbyist(State& Federal) o Counties o State Agencies(DACS/DEP/FWCC/DEO/NRDA/WMD) o Visit Florida o Enterprise Florida o State Stakeholders(Hotels/Restaurants/TDC's/Environmental Groups) o Governor's Office o Legislative Leadership o Commission on Oil Spill Response o Federal Agencies o U.S.Treasury o Other States • Preliminary legal analysis o Proposed legal establishment o Initial incorporation documents o Initial By-Laws • Communications Page 1 of 3 ciivs ti 9-- t Lod ESTIMATED COUNTY POPULATION ALLOCATION AMOUNT WALTON 55,043 14% $6,720 BAY 168,852 15% $7,200 GULF 15,863 6% $2,880 FRANKLIN 11,549 8% $3,840 WAKULLA 30,776 4% $1,920 JEFFERSON 14,761 4% . $640 TAYLOR 22,570 4% $640 DIXIE 16,422 3% $480 LEVY 40,801 4% $640 CITRUS 141,236 5% $800 HERNANDO 172,778 5% $800 PASCO 464,697 7% $1,120 PINELLAS 916,542 11% $1,760 HILLSBOROUGH 1,229,226 13% $2,080 MANATEE 322,833 7% $1,120 SARASOTA 379,448 7% $1,120 CHARLOTTE 159,978 5% $800 LEE 618,754 9% $1,440 COLLIER 321,520 7% $1,120 MONROE 73,090 8% $1,280 Page 3 of 3 c1(2,5 (iv 4((D NGN Draft No.5 9/13/12 INTERLOCAL AGREEMENT RELATING TO ESTABLISHMENT OF THE GULF CONSORTIUM Among [INSERT COUNTY NAMES' Dated as of , 2012 g12S la 114" TABLE OF CONTENTS Page ARTICLE I DEFINITIONS SECTION 1.01. DEFINITIONS. 4 ARTICLE II THE CONSORTIUM SECTION 2.01. CREATION. 6 SECTION 2.02. PURPOSES. 6 SECTION 2.03. CONSORTIUM MEMBERS. 7 SECTION 2.04. DURATION OF CONSORTIUM. 7 ARTICLE III MEMBERSHIP AND REPRESENTATION SECTION 3.01. MEMBERSHIP. 8 SECTION 3.02. REPRESENTATION. 8 SECTION 3.03. ACTION. 9 SECTION 3.04. ELECTION OF OFFICERS. 9 SECTION 3.05. AUTHORITY OF OFFICERS. 9 SECTION 3.06. RESIGNATION OR REMOVAL OF DIRECTOR. 10 SECTION 3.07. MEETINGS. 10 SECTION 3.08. WITHDRAWAL OR DISMISSAL OF CONSORTIUM MEMBERS. 11 SECTION 3.09. EXPENSES. 11 SECTION 3.10. LIABILITY. 11 SECTION 3.11. EXECUTIVE COMMITTEE. 11 SECTION 3.12. PRINCIPAL PLACE OF BUSINESS. 12 1 tic-112_ �dos ARTICLE IV POWERS AND DUTIES SECTION 4.01. POWERS. 13 SECTION 4.02. ANNUAL BUDGET. 16 SECTION 4.03. AD VALOREM TAXATION NOT AUTHORIZED. 16 ARTICLE V MISCELLANEOUS SECTION 5.01. DELEGATION OF DUTY. 17 SECTION 5.02. FILING. 17 SECTION 5.03. IMMUNITY• 17 SECTION 5.04. LIMITED LIABILITY. 18 SECTION 5.05. AMENDMENTS. 18 SECTION 5.06. SEVERABILITY. 18 SECTION 5.07. CONTROLLING LAW. 18 SECTION 5.08. EFFECTIVE DATE. 18 ii 11/5t • Ay INTERLOCAL AGREEMENT RELATING TO ESTABLISHMENT OF THE GULF CONSORTIUM THIS INTERLOCAL AGREEMENT, dated as of , 2012 (the "Interlocal Agreement"), is jointly entered into by the counties which are signatory hereto (collectively, the "Consortium Members"), each of which are political subdivisions or other government agencies of the State of Florida and constitute a "public agency" as that term is defined by Part I of Chapter 163, Florida Statutes (the "Interlocal Act"), and such other public agencies as are added as additional Consortium Members as provided in Section 3.01 hereof. WITNESSETH: WHEREAS, each of the initial Consortium Members are political subdivisions of the State of Florida and have all powers of self-government pursuant to their home rule powers and express grants of authority provided by general law, including, but not limited to, those powers granted under Chapter 125, Florida Statutes; and WHEREAS, all Consortium Members are public agencies of the State of Florida, within the meaning of Part I of Chapter 163, Florida Statutes (the "Interlocal Act"); and WHEREAS, the Consortium Members, as public agencies under the Interlocal Act, may enter into interlocal agreements with each other to jointly exercise any power, privilege or authority which such Consortium Members share in common and which each might exercise separately. The joint exercise of this authority permits the Consortium Members to make the most efficient use of their powers by enabling them to cooperate on the basis of mutual benefit and, pursuant to this authority, to form a governmental entity that will best serve the needs of such Consortium Members and their citizens; and WHEREAS, the Interlocal Act authorizes the Consortium Members to enter into an interlocal agreement for the purposes of creating a separate legal entity for the purpose of the joint exercise of the common powers of the Consortium Members; and 1 4100" WHEREAS, the United States Congress approved, and the President signed into law, the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 (the "RESTORE Act"), which established potential funding sources for various purposes which will enhance and benefit the Gulf Coast area. Such funding sources are to be derived from administrative and civil penalties from responsible parties in connection with the explosion on and sinking of the mobile offshore drilling unit Deepwater Horizon; and WHEREAS, the initial Consortium Members are counties which were impacted by the Deepwater Horizon event and the provisions of the RESTORE Act are applicable to it; and WHEREAS, under the provisions of the RESTORE Act, a Trust Fund (the "Trust Fund") is established through which funding is available for various projects, improvements, development and environmental mitigation within the Gulf Coast regions; and WHEREAS, the Consortium Members have determined that it is in their best interests to create a legal entity to join together the purposes the implementing the consortia of ooesf l o political deve development contemplated of the plan for the RESTORE Act, for the pure expenditure of the oil spill restoration impact allocation and to jointly serve the interests of the Consortium Members; and WHEREAS, the Consortium Members seek to the Trust Fund their nd to seek to consider and promote proposals to be funded through on behalf of the Consortium and its members the funding of eligible projects within their respective areas; and WHEREAS, the Consortium Members seek to join together to arrive at mutually beneficial projects, programs and improvements and which collective y fulfill ecosystems and economy of the Consortium Members an their responsibilities under the RESTORE Act to develop a plan for expenditure of certain funds within the Trust Fund. NOW, THEREFORE, in consideration of the foregoing, it is mutually agreed by and among the Consortium Members that now or may he eafter execute bode this Interlocal Agreement, that the "Gulf Consortium," is a legal entity, public and a unit of local government with all of the privileges, benefits, powers and 2 i 2sla terms of the hereinafter defined Act and this Interlocal Agreement, and is hereby created for the purposes described herein. 3 1//512 ARTICLE I DEFINITIONS SECTION 1.01. DEFINITIONS. The following definitions shall govern the interpretation of this Interlocal Agreement: "Act" shall mean, with respect to Consortium Members that are Affected Counties, the "Home Rule" powers and all provisions of general law granting powers and authority to each such Consortium Member, including, but not limited to, Chapter 125, Florida Statutes, the Interlocal Act, and other applicable provisions of law, and to other Consortium Members, all provisions of general law granting powers and authority to such Consortium Member, including the Interlocal Act. "Affected County" shall mean any of the 23 Florida counties with frontage on the Gulf of Mexico. "Consortium Members" shall mean the member or members of the Consortium, from time to time, as shall be provided for by this Interlocal Agreement. "Board" shall mean the governing board of the Consortium, consisting of the Directors appointed hereunder. "Consortium" shall mean the Gulf Consortium, a legal b entity this Interlocal body, created pursuant to the provisions of the Interlocal Act y Agreement. "Director" shall mean that individual appointed by each Consortium Member in accordance with the provisions hereof to serve as part of the Board. "Fiscal Year" shall mean the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be determined by the Board. "Manager" shall mean the individual or entity selected and engaged by the Board to provide administrative functions of the Consortium. "Interlocal Act" shall mean Part I of Chapter 163, Florida Statutes. 4 1141 "Interlocal Agreement" shall mean this Interlocal Agreement, including any amendments or supplements hereto, executed and delivered in accordance with the terms hereof. "Public Agencies" shall mean any "public agency", as that term is defined by the Interlocal Act. "RESTORE Act" shall have the meaning set forth in the preambles hereof. "State" shall mean the State of Florida. Whenever any words are used in this Interlocal Agreement in the masculine gender, they shall be construed as though they were also used in the feminine or neuter gender in all situations where they would so apply, and whenever any words are used in this Interlocal Agreement in the singular form, they shall be construed as though they were also used in the plural form in all situations where they would so apply. 5 *119- to/ ARTICLE II THE CONSORTIUM SECTION 2.01. CREATION. The Consortium Members hereby jointly create and establish the "Gulf Consortium", a legal entity and public body and a unit of local government, with all of the privileges, benefits, powers and terms provided for herein and by the Act. SECTION 2.02. PURPOSES. (A) The purpose of this Interlocal Agreement is for the establishment of the Consortium, which will serve as the consortia or establish the consortia of local political subdivisions as contemplated by the RESTORE Act for those counties which are members of the Consortium. The Consortium is intended to assist in or be responsible for, as determined by the Board: (1) the development of the plan for the expenditure of the Oil Spill Restoration Impact Allocation required by the RESTORE Act; (2) the preparation and processing of applications or proposals for funding under the competitive program to be processed and administered by the Gulf Coast Ecosystem Restoration Council; (3) acting as a resource for Consortium Members, to the extent requested by that Member, in the planning, administration and expenditure of that Member's share or portion thereof provided directly to the disportionately and nondisportionately impacted counties pursuant to the RESTORE Act upon such terms and conditions agreed to by that Consortium Member and at the sole expense of that Consortium Member; provided, that nothing contained herein is intended to impact the amount or timing of any such distribution provided directly to the disportionately and nondisportionately impacted counties; (4) acting as a resource in the obtaining of additional funding for programs through other available revenue sources, including, but not limited to, those available for the Natural Resource Damage Assessment (NRDA); 6 1/1511/1---- (5) acting as an advocate and representing the Consortium Members in the development of federal rules relating to the implementation of the RESTORE Act; and (6) acting as an advocate for the Consortium Members with executive agencies, the Florida Legislature and the United States government. (B) It is determined that the creation and organization of the Consortium and the fulfillment of its objectives serves a public purpose, and is in all respects for the benefit of the people of the State, Consortium Members, affected Public Agencies and their citizens. (C) It is determined that the Consortium is performing an essential governmental function. All property of the Consortium is and shall in all respects be considered to be public property, and the title to such property, to the extent required, shall be held by the Consortium for the benefit of the public. The use of such property shall be considered to serve a public purpose, until disposed of upon such terms as the Consortium may deem appropriate. SECTION 2.03. CONSORTIUM MEMBERS. The Consortium Members shall consist of those Public Agencies set forth below or joined as provided in Article III. SECTION 2.04. DURATION OF CONSORTIUM. The Consortium shall be in perpetual existence until the earlier of the following occurs: (A) all revenue within the Trust Fund created pursuant to the RESTORE Act is expended and the program established by the RESTORE Act is dissolved; or (B) the Consortium is dissolved by the majority vote of its Board. 7 ARTICLE III MEMBERSHIP AND REPRESENTATION SECTION 3.01. MEMBERSHIP. (A) Membership in the Consortium shall consist of Public Agencies that approve this Interlocal Agreement pursuant to Article III. (B) The initial Consortium Members shall on the date hereof consist of: (INSERT COUNTIES) (C) To the extent permitted by the Interlocal Act and the RESTORE Act, the Consortium may admit any additional Public Agency to membership upon application of such Public Agency, the approval of this Interlocal Agreement by that Public Agency, and the affirmative vote of the majority of all Directors at a duly called meeting of the Board of the Consortium; provided, that any Affected County shall automatically be admitted to membership upon application thereof. This Interlocal Agreement need not be amended in order to admit any Public Agency as a Member of the Consortium; however, any new Consortium Member which is not an Affected County shall be required to evidence its approval of any conditions imposed on its membership by the existing Directors of the Consortium. Approval of the governing bodies of each existing Consortium Member shall not be required for the purpose of admitting a new Consortium Member. (D) As a precondition to membership in the Consortium, each Consortium Member shall constitute a Florida municipality, county or such other Public Agency which is permitted by the Interlocal Act to be a member of the Consortium. Such new Consortium Member shall execute, deliver and record a duly authorized counterpart to this Interlocal Agreement, as it exists at the time of its approval. SECTION 3.02. REPRESENTATION. (A) Each Consortium Member shall appoint one Director to act as its representative on the Board. Each Director shall be an individual who shall be appointed specifically by name or by position. The Consortium Member shall notify the Manager and the Chairman in writing as to the individual designated as their Director. 8 1(9AtIP (B) Directors may be an elected official, appointed official, employee or other designee of a Consortium Member. SECTION 3.03. ACTION. (A) The affairs, actions and duties of the Consortium shall be undertaken at a duly called meeting pursuant to Section 3.08 hereof. (B) At any meeting of the Consortium at which any official action is to be taken, a majority of all Directors shall constitute a quorum. A majority vote of a quorum of the Directors present at a duly called meeting shall constitute an act of the Consortium, except as otherwise provided herein. Except as may be established by the Board with respect to any new Consortium Member which is not an Affected County, each Director is entitled to cast one vote. (C) A certificate, resolution or instrument authorized by the Board and signed by the Chairman, Vice-Chairman or such other person of the Consortium as may hereafter be designated and authorized by the Board, shall be evidence of the action of the Consortium and any such certificate, resolution or other instrument so signed shall conclusively be presumed to be authentic. Likewise, all facts and matters stated therein shall conclusively be presumed to be accurate and true. SECTION 3.04. ELECTION OF OFFICERS. Once a year, and at such other time as may be necessary to fill a vacancy, at a duly called meeting of the Board called for the purpose thereof, the Consortium through its Directors shall elect a Chairman, a Vice-Chairman and a Secretary-Treasurer to conduct the meetings of the Board and to perform such other functions as herein provided. Said Chairman, Vice-Chairman and Secretary-Treasurer shall each serve one (1) year terms unless they resign from the Consortium, are removed by the Member they represent, or such officer is otherwise replaced as a Director of the Board. Officers may, if elected by the Directors, serve longer than a one (1) year term. SECTION 3.05. AUTHORITY OF OFFICERS. (A) The Chairman and the Vice-Chairman shall take such actions and have such powers as provided by the Board. The Chairman shall sign all documents on behalf of the Consortium and take such action as may be in furtherance of the purposes of this Interlocal Agreement as may be approved by resolution or action of the Board adopted at a duly called meeting. The Vice-Chairman shall act in the absence or otherwise inability of the Chairman to act. 9 fi/5112 ,40° (B) The Secretary-Treasurer, or his designee, shall keep and maintain all minutes of all meetings of the Board, but such minutes need not be verbatim. Copies of all minutes of the meetings of the Board shall be sent by the Secretary- Treasurer or his designee to all Directors of the Consortium. The Secretary- Treasurer may also attest to the execution of documents. The Secretary-Treasurer shall have such other powers as may be approved by resolution or other action of the Board adopted at a duly called meeting. SECTION 3.06. RESIGNATION OR REMOVAL OF DIRECTOR. (A) Any Director may resign from all duties or responsibilities hereunder by giving at least thirty (30) days prior written notice to the Manager and Chairman. Such notice shall state the date said resignation shall take effect and such resignation shall take effect on that date. (B) Each Consortium Member, in its sole discretion, may remove its designated Director at any time and may appoint a new Director to serve on the Board upon written notice being given to the Manager and Chairman. Each Consortium Member may also designate an alternate or designee to serve in a Director's place in the event the Director is unavailable. (C) In the event the Director of a Consortium Member shall resign or be removed, such Consortium Member shall appoint a new Director within thirty (30) days. (D) Any Director who resigns or is removed and who is an officer of the Consortium shall immediately turn over and deliver to the Manager any and all records, books, documents or other property in his possession or under his control which belong to the Authority. SECTION 3.07. MEETINGS. (A) The Board shall convene at a meeting duly called by either a majority of the Directors or the Chairman. The Directors may establish regular meeting times and places. Meetings shall be conducted at such locations as may be determined by the majority of the Directors or the Chairman. Notice of a special meeting, unless otherwise waived, shall be furnished to each Director by the Manager not less than seven (7) calendar days prior to the date of such meeting; provided the Chairman or, in his absence or unavailability, the Vice-Chairman, may call a meeting upon twenty-four (24) hours written notice, if such officer 10 q 25(12 determines an emergency exists. All meetings shall be noticed in accordance with Florida law. (B) Within thirty (30) calendar days of the creation of the Consortium, the duly appointed Directors shall hold an organizational meeting to elect officers and perform such other duties as are provided for under this Interlocal Agreement. (C) To the extent allowed, meetings may be held by means of media technology in conformity with the Interlocal Act. SECTION 3.08. WITHDRAWAL OR DISMISSAL OF CONSORTIUM MEMBERS. Any Consortium Member may withdraw from the Consortium at any time, if the following conditions are satisfied: (A) there shall be at least two (2) Consortium Members remaining in the Consortium subsequent to withdrawal; and (B) a certified resolution from the Consortium Member's governing body setting forth its intent to withdraw is presented to the Consortium. Upon satisfaction of the foregoing conditions, such withdrawal shall be effective. SECTION 3.09. EXPENSES. The Consortium may establish, from time to time, procedures for reimbursement for reasonable expenses incurred by Directors and employees of the Consortium. The Consortium shall also establish a mechanism for assessing or apportioning Consortium expenses to the Consortium Members. The expenditure of all expenses and approval of travel shall be in conformity with the provisions of Florida law governing travel and reimbursement of expenses for public officials. SECTION 3.10. LIABILITY. No Director, agent, officer, official or employee of the Consortium shall be liable for any action taken pursuant to this Interlocal Agreement in good faith or for any omission, except gross negligence, or for any act of omission or commission by any other Director, agent, officer, official or employee of the Consortium. SECTION 3.11 EXECUTIVE COMMITTEE. An Executive Committee of the Board shall be established that shall consist of the Chairman, the Vice- Chairman, the Secretary-Treasurer and two other Directors designated by the foregoing three officers. The Executive Committee shall have the power to act on behalf of the Board in items of the activities set forth in Section 4.01(A)(2), (3), 11 g25412/ (4), (6), (7), (11), (13), (15), (16), (17), (23) and (24) hereof, and such other powers as may be designated by the Board. SECTION 3.12 PRINCIPAL PLACE OF BUSINESS. The Consortium's principal place of business, within the meaning of Section 163.01 (11), Florida Statutes, shall initially be Leon County, Florida, subject to modification by action of the Board. 12 c(4/2 'lot ARTICLE IV POWERS AND DUTIES SECTION 4.01. POWERS. (A) The Consortium shall have all powers to carry out the purposes of this Interlocal Agreement, including the following powers which shall be in addition to and supplementing any other privileges, benefits and powers granted by the Act, or otherwise by the Interlocal Agreement: (1) To enter into other interlocal agreements or join with any other special purpose or general purpose local governments, public agencies or authorities or create a separate entity as permitted by the Act in the exercise of common powers or to assist the Consortium in fulfilling its purpose under this Interlocal Agreement. (2) To sue and be sued in the name of the Consortium. (3) To adopt and use a seal and authorize the use of a facsimile thereof. (4) To contract with any public or private entity or person upon such terms as the Board deems appropriate. (5) To acquire, by purchase, gift, devise or otherwise, and to dispose of, real or personal property, or any estate therein, including the power to determine how property will be disposed of upon the dissolution of the Consortium. (6) To make and execute contracts or other instruments necessary or convenient to the exercise of its powers. (7) To maintain an office or offices at such place or places as the Board may designate from time to time, and to establish a custodian for the records of the Consortium. (8) To lease, as lessor or lessee, to or from any person, firm, corporation, association or body, public or private, facilities or property of any nature to carry out any of the purposes authorized by this Interlocal Agreement. 13 914f° (9) To apply for and accept grants, loans and subsidies from any governmental entity for the funding of projects, improvements or mitigation, and to comply with all requirements and conditions imposed in connection therewith. (10) To the extent allowed by law and to the extent required to effectuate the purposes hereof, to exercise all privileges, immunities and exemptions accorded municipalities and counties of the State under the provisions of the constitution and laws of the State. (11) To invest its moneys in such investments as directed by the Board in accordance with State law. (12) To provide for the establishment of advisory committees or councils to the Board or other interlocal entities under the auspices of the Board. (13) To fix the time and place or places at which its regular meetings shall be held, and to call and hold special meetings. (14) To make and adopt rules and procedures, resolutions and take such other actions as are not inconsistent with the Constitution and laws of the State of Florida, the provisions of the Interlocal Act or this Interlocal Agreement that are necessary for the governance and management of the affairs of the Consortium, and further, the powers, obligations and responsibilities vested in the Consortium by this Interlocal Agreement. (15) To select and engage a Manager, who shall administer the operations of the Consortium, manage the staff of the Consortium, as authorized by the Board, and perform all other administrative duties as directed by the Board. (16) To employ or hire such attorneys or firm(s) of attorneys as it deems appropriate to provide legal advice and/or other legal services to the Consortium. (17) To employ or hire engineers, consultants or other specialized professionals as it deems appropriate to further the purposes of the Consortium. (18) To create any and all necessary offices in addition to Chairman, Vice-Chairman and Secretary-Treasurer; to establish other committees; to establish the powers, duties and compensation of all employees; and to require and fix the 14 i12/5 I ig amount of all official bonds necessary for the protection of the funds and property of the Consortium. (19) To take such action and employ such persons or entities as are necessary to prepare, develop and submit to the Gulf Coast Ecosystem Restoration Council the plan for the Oil Spill Restoration Impact Allocation contemplated by the RESTORE Act setting forth those projects, programs and activities that will improve the ecosystems or economy of the State of Florida. (20) To prepare, develop and submit applications for funding from the Trust Fund under the competitive program administered by the Gulf Coast Ecosystem Restoration Council on behalf of the Consortium or a Member. (21) To advise, assist and aid Consortium Members, upon their request, in the planning, administration and expenditure of that Member's share or portion thereof of amounts provided directly to the disportionately and nondisportionately impacted Counties pursuant to the RESTORE Act, upon such terms and conditions agreed to by that Member and at the sole expense of that Consortium Member. (22) To advise, assist and aid the Consortium in obtaining additional funding from other programs for projects, programs or mitigation on behalf of the Consortium or its Members. (23) To hire or engage staff, attorneys and professionals to act as an advocate and represent the interests of Consortium Members in the Federal rulemaking process. (24) To hire or engage staff, attorneys and professionals as an advocate and to represent the interests of the Consortium and its Members before Federal and State agencies and the Legislature. (25) To do all acts and to exercise all of the powers necessary, convenient, incidental, implied or proper in connection with any of the powers, duties or purposes authorized by this Interlocal Agreement or the Act. (B) In exercising the powers conferred by this Interlocal Agreement, the Board shall act by resolution or other action approved at duly noticed and publicly held meetings in conformance with applicable law. 15 o (C) The provisions of Chapter 120, Florida Statutes, shall not apply to the Consortium. (D) The Consortium shall be subject to the provisions of the Florida Sunshine Law under Chapter 286, Florida Statutes. All records of the Consortium shall be subject to the Public Records Law. SECTION 4.02. ANNUAL BUDGET. (A) Following the creation of the Consortium, the Board shall approve a budget which shall provide for revenues and expenditures during the remainder of the fiscal year in which it was formed. Such interim budget procedures shall be utilized solely for the initial year of creation of the Consortium, after which the budget shall be created pursuant to the remaining provisions of this section. (B) Prior to October 1 of each year the Board will adopt an annual budget for the Consortium. Such budget shall be prepared within the time periods required for the adoption of a tentative and final budget for county governments under general law. The annual budget shall contain an estimate of receipts by source and an itemized estimation of expenditures anticipated to be incurred to meet the financial needs and obligations of the Consortium. The Manager shall prepare the annual budget. (C) The adopted budget shall be the operating and fiscal guide for the Consortium for the ensuing Fiscal Year. The Board may from time to time amend the budget at any duly called regular or special meeting. • (D) The Consortium shall provide financial reports in such form and in such manner as prescribed pursuant to this Interlocal Agreement and Chapter 218, Florida Statutes. SECTION 4.03. AD VALOREM TAXATION NOT AUTHORIZED. The Consortium shall not have the power to levy and assess an ad valorem tax on any property for any reason. 16 ray ARTICLE V MISCELLANEOUS SECTION 5.01. DELEGATION OF DUTY. Nothing contained herein shall be deemed to authorize the delegation of any of the constitutional or statutory duties of the State or the Consortium Members or any officers thereof. SECTION 5.02. FILING. A copy of this Interlocal Agreement shall be filed for record with the Clerk of the Circuit Court of Leon County, Florida, and with the Clerk of the Circuit Court of any other County subsequently determined to be the Consortium's principal place of business. SECTION 5.03. IMMUNITY. (A) All of the privileges and immunities from liability and exemptions from laws, ordinances and rules which apply to the activity of officials, officers, agents or employees of the Consortium Members shall apply to the officials, officers, agents or employees of the Consortium when performing their respective functions and duties under the provisions of this Interlocal Agreement. (B) The Consortium and each Consortium Member shall be entitled to all protections granted to them under Sections 768.28 and 163.01(9)(c), Florida Statutes, other Florida Statutes and the common law governing sovereign immunity. Pursuant to Section 163.01(5)(o), Florida Statutes, Consortium Members may not be held jointly liable for the torts of the officers or employees of the Consortium, or any other tort attributable to the Consortium, and that the Consortium alone shall be liable for any torts attributable to it or for torts of is officers, employees or agents, and then only to the extent of the waiver of sovereign immunity or limitation of liability as specified in Section 768.28, Florida Statutes. Nothing in this Interlocal Agreement shall be deemed to constitute a waiver of sovereign immunity. (C) The Consortium Members intend that the Consortium shall have all of the privileges and immunities from liability and exemptions from laws, ordinances, rules and common law which apply to the municipalities and counties of the State. Nothing in this Interlocal Agreement is intended to inure to the benefit of any third-party for the purpose of allowing any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. 17 190fr SECTION 5.04. LIMITED LIABILITY. No Consortium Member shall in any manner be obligated to pay any debts, obligations or liabilities arising as a result of any actions of the Consortium, the Directors or any other agents, employees, officers or officials of the Consortium, except to the extent otherwise mutually agreed upon by that Member, and neither the Consortium, the Directors or any other agents, employees, officers or officials of the Consortium have any authority or power to otherwise obligate any individual Consortium Member in any manner. SECTION 5.05. AMENDMENTS. This Interlocal Agreement may be amended in writing at any time by the concurrence of all of the Directors present at a duly called meeting of the Consortium and subsequent ratification by the governing body of each Consortium Member. However, this Interlocal Agreement may not be amended so as to (A) permit any profits of the Consortium to inure to the benefit of any private person, or (B) permit the diversion or application of any of the moneys or other assets of the Consortium for any purposes other than those specified herein. SECTION 5.06. SEVERABILITY. In the event that any provision of this Interlocal Agreement shall, for any reason, be determined invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, the other provisions of this Interlocal Agreement shall remain in full force and effect. SECTION 5.07. CONTROLLING LAW. This Interlocal Agreement shall be construed and governed by Florida law. SECTION 5.08. EFFECTIVE DATE. This Interlocal Agreement shall become effective on the later of (A) the dated date hereof, or (B) the date the last initial Consortium Member executes this Interlocal Agreement and the filing requirements of Section 5.02 hereof are satisfied. 18 2517/ .:1 Federal Action Strike Team Wednesday, September 19, 2012 FLORIDA, 9:00 a.m. to 10:00 a.m. COUNTIES Meeting Room: South Terrace All About Florida Co-Chairs Co-Chairs Grover Robinson, Escambia County Sally Heyman, Miami-Dade County AGENDA • OPENING COMMENTS AND INTRODUCTIONS • o Chair, Commissioner Grover Robinson o Chair, Commissioner Sally Heyman • MAP 21 — FEDERAL SURFACE TRANSPORTATION PROGRAM o David Lee, Florida Department of Transportation • OIL POLUTION ACT 90 (OPA 90) — FAC ISSUE PAPER o Eric Poole, FAC Staff • FAC FEDERAL LOBBYING ACTIVITIES — ISSUES FOR MOVING FORWARD o Grover Robinson o Eric Poole • OTHER BUSINESS • CLOSING COMMENTS Loews Don CeSar Hotel • Pinellas County Updated 9/13/12 L_" Issue Paper Strengthening the Role of Local Governments in Response to Oil Spill Disasters: Considerations for Changes to the Oil Pollution Act of 1990 (OPA 90) • Background Brief The explosion and subsequent oil spill of the Deepwater Horizon oil platform in the Gulf of Mexico on April 20, 2010 set in motion a series of federal response actions that have been well documented. The Oil Pollution Act of 1990 (OPA, P.L. 101-380) and the Clean Water Act (CWA)were the primary federal statutes governing the response to the spill, while the National Oil and Hazardous Substances Pollution Contingency Plan (National Contingency Plan or NCP) served as the operative response framework for federal agencies to follow. Unlike a natural or other manmade disaster where local response decisions are made • autonomously and supported by state and federal assistance, the response to the • Deepwater Horizon oil spill.took local governments by surprise. Not only did the response process minimize local authority but it had the effect of supplanting local governments' ability to make response decisions. For example, if local governments opted to deploy emergency protective measures, they were advised that, unless approved by the Unified Command, such measures may not be reimbursed by the responsible party. In fact,.almost any decision considered by local governments to mitigate oil impacts in their community was ultimately not theirs to make. Rather, with the Unified Command dictating what type of resources to deploy and where to deploy them, most local governments were relegated to mere advisers to outside decision makers. This top-down response framework is the antithesis of what counties train for and operate under during other emergencies. A locally-driven response, which includes support from other levels of government, is successful because events impact local emergency managers and their jurisdictions long before anyone else involved. Unfortunately, in the chaos that followed the disaster, the response activities of the Coast Guard and BP took center stage, while subsequent Congressional attention was directed at environmental and economic impacts of the Gulf region. The result was that the calls from local governments to change the response and recovery process went largely unnoticed. • Today, with more than two years of hindsight and numerous government reports about the oil spill, few mention the role local governments played during the disaster; whether other response models would have been more effective; or, whether modifications to OPA 90 and the NCP could lead to a more effective response in the future. 1 • 925 ft t Accordingly, the purpose of this paper is to: • Highlight some of the deficiencies of OPA 90 and the NCP as they relate to the role of counties during the Deepwater Horizon oil response; • Contrast the response processes of the National Response Framework with those of OPA 90 and the-NCP; and, ' • Identify potential changes to OPA 90 and the NCP that would provide for a more effective local decision making role in similar oil disasters in the future. Issues and Constraints - Among the dozen or so federal reports addressing the Deepwater Horizon oil spill, none provides a sufficient review or assessment of the local government response role. However, a review of documents published in Florida sheds some light on the issue. Specifically, in the months following the oil spill, the Florida House of Representatives and the Florida Division of Emergency Management(FDEM) each published reports capturing some of the concerns and issues voiced by local governments. The Florida House report also made an effort to examihe the dichotomy between the response • structure of the NCP and the National Response Framework (NRF) and questioned whether the two were sufficiently integrated. A summary of the major response constraints are provided below. • OPA 90 - General - Perhaps the most succinct conclusion regarding the shortcomings of the response under-the NCP framework was made by the Florida Division of Emergency Management(FDEM) in its "After Action" Report of the disaster. In brief, the agency states that OPA 90 was designed for more localized oil spills, where a response dictated by the U.S. Coast Guard works effectively. However, the Deepwater Horizon oil spill was of such magnitude that it exceeded the response assumptions inherent in the NCP. This proved particularly problematic when response actions had to cross jurisdictional boundaries. - Compounding this shortcoming, according to the Florida House report, is that under NCP protocols, all operational response actions were directed by the U.S Coast Guard and BP as the Responsible Party(RP), which meant that impacted counties had no control over response resources. 2 4V0 • • Response Structure - Due to the protocols of the NCP, counties were advised not to use their own resources for response and recovery activities without prior approval of the Unified Command, which was located outside the State of Florida. This created situations where counties had oil impacting their beaches but were advised not to take measures to remove it, even when local resources were readily available. What was particularly unfortunate was that such decisions were made at the height of the tourism season in the Florida panhandle, forcing visitors to avoid these otherwise valued destination sites. - The recovery and clean-up process was further confusing and unclear for • counties, as they were often unsure when clean-up activities would actually take place by BP contractors. - Under OPA, all vessels and facilities are required to develop an oil response • plan that identifies how the owner or operator of a vessel or facility would respond to a worst-case scenario spill. According to the Florida House report, one of factors that contributed to the decision that the USCG and BP assume control of the response effort, instead of individual state and local governments, was that there were not enough response resources such as boom and skimmers to cover the entire Gulf area. However, county governments, on their own, were often able to find sufficient resources that could have been deployed to protect and/or clean their shorelines. Those resources were deployed only in rare circumstances and only after extensive negotiations with the Unified Command and BP. Communication - In other disasters typically seen in Florida, local governments are fully involved and engaged in the response efforts of their jurisdiction and clear communication between different levels of government is critical. During the outset of the spill, information flow to locals was difficult and command/control • decisions were not centered at the local level, as would be for a'hurricane type event. - The NCP protocols were slow to respond to local government calls for the Unified Command to decentralize its decision making process, which eventually led to establishing USCG branch offices in Florida dedicated to providing a more rapid response effort. 3 ��25Jj2 job • Area Contingency Plans (ACP)— - Most counties were unaware of the NCP or the ACP response strategy for their respective communities. - The ACP provided a good starting point for protection strategies; however, it was insufficient to cope with a spill of this magnitude hundreds of miles away; - Counties were generally unaware of prior planning activities and demanded protection beyond that planned by the ACP - The lack of a comprehensive booming plan and a vulnerable resource list hampered the initial response - There was a lack of communication from the Unified Command to the counties regarding initial booming plans, which caused counties to begin requesting separate supplemental protection. 4 frs/ 2, 4P ion Guiding Principles and Recommended Improvements to OPA 90 Guiding Principles Given the complexity of the Deepwater Horizon Oil Spill and the overlapping response protocols of the NCP and NRF, identifying specific improvements to ensure a more effective response in the future is challenging. However, based on the issues identified, FAC (NACO) recommends the following guidance principles be considered for any future changes to OPA 90. • Local governments must maintain control over protective action decisions that are made for their jurisdictions, while the responsible party, state, and federal response officials must respect and be responsive to those local decisions. • The Federal response system.must better align with the processes and systems used for other emergencies and disasters. • All incidents should follow the Stafford Act model, which ensures there is a trained federal coordinating officer to support state and local needs. • Response to all disasters, regardless of size or complexity, should fall under the NRF as it relates to the National Incident Management System (NIMS). • If the NCP governs, then local governments must have an equal voice in prioritizing and allocating scarce resources under the NCP. Recommended Improvements In addition to the Guiding Principles listed above, FAC (NACO) recommends consideration of following near-term improvements. • Congress should revise the NCP or Unified Command Structure to require local branch Incident Command offices be established when a large spill occurs that impacts or threatens to impact multiple state and local government jurisdictions. • The USCG should reassess the current ACPs to ensure they are adequate for responding to any future oil spills, including oil spills similar to the Deepwater Horizon Incident. 5 12s i 2 • In developing new ACPs, the USCG should ensure that local governments are involved and have input in the development process and that these are reviewed with local governments at least annually. • The federal government and companies producing oil and gas in the Gulf of Mexico should ensure there are adequate boom and skimmers in the Gulf region to respond to an oil spill like the Deepwater Horizon. • • The USCG should review the role of the responsible party during large spills and examine ways to streamline the approval process for response activities so they can occur quickly, allowing local governments to rapidly deploy their own resources without concern for reimbursement. • • • Sources consulted: Deepwater Horizon Response After Action Report. Florida Division of Emergency Management(March 2, 2011) Final Report—Deepwater Horizon Workgroup 1. Florida House of Representatives(August 31,2010) 6 o = o fD a c�i n3, 10 ' J . 3Dr 3 m rn V n 3 E. G m Z m -< cn oo c8D a Z r n O u) rn n = O 3 n zocc = m a m m 0 cn rn 'o 0 3 r7,., Hm d FI O xi Z m x m H O C) i C '� M 2 ao J c t ?' P P._ fig a w _ cn Lo rb . r W .� r- w r�,` m 3 m6' rn ref 1 Z D -1 0� 3 l < 1 M _ Z PI) r 1 m 0 O `/co v c oJO a 73 c 2 3= zD n m Z p c hi --+-- 3 U D -I N m 70 Z 3 � 0 ,---, m O 0 z � ' n -1 �. c3D O � < G � � ear m r_irn -! % H 'O 74 m pow O�20 m 0 � zrn t " m su r C m m rnby r p ...1 n z > r- "k 1/\ W = Apr Z m N ° O 0 Z O 70 T W 'Cl (0 70 tD a rt r 0 Add Oa ilea 10K September 25,2012 BCC Meeting EXECUTIVE SUMMARY Appointment of member to the Collier County Planning Commission OBJECTIVE: To appoint 1 member to a term that will expire on October 1, 2016. CONSIDERATIONS: The Collier County Planning Commission has 1 term that will expire on October 1, 2012. This 9 member committee assists in the formulation and review of the Comprehensive Land Use Plan, Land Development Code, and amendments to both, and then submits their recommendations to the Board for final decision. Members are required to file a Form 1, Statement of Financial Interest each year with the Supervisor of Elections. Terms are 4 years. A list of the current membership is included in the backup. The term of Mark P. Strain, District 5 expires October 1, 2012. The position was not advertised in the last press release. APPLICANT CATEGORY DIST ELECTOR ADV.COMM. ATTENDANCE: COMMITTEE RECOMMENDATION: Quasi-Judicial—no recommendation LEGAL CONSIDERATIONS: This is a District 5 seat. The Planning Commission ordinance provides that"Candidates for the Planning Commission must be nominated by the Commissioner of the District in which the candidate resides for both initial and subsequent terms. —JAK FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners considers the vacancy, directs the Executive Manager of the BCC and or the County Attorney how to proceed. PREPARED BY: Ian Mitchell, Executive Manager Board of County Commissioners AGENDA DATE: September 25,2012 M UtAr`^^ M" Yz c t � ci RaineyJennifer From: RaineyJennifer Sent: Tuesday, May 15, 2012 9:39 AM To: Peter Gaddy Subject: FW: Proposed v. Needed Beach Renourishment- Material Discrepancies Noted Attachments: Beach Renourishment Concept Plan 42-48.pdf • Thank you, Jennifer Rainey Executive Aide to Board of County Commissioners Aide to Commissioner Georgia Hiller, District #2 3299 Tamiami Trail East, Suite # 303 Naples, FL 34112 (239) 252-8602 (239) 252-6407 Fax AS REQUESTED. - i There is a material difference between what the county claims is needed to renourish the beaches and what is in fact needed based on the current state of the beaches. The intent should be to restore the beaches to their as built volumes in 2006, with a six (6) year design life. We know what the current sand volumes are based on the monitoring reports compiled by Humiston & Moore Engineers, which you all have. The county can't know what will be needed to avoid renourishing for a 10 year period. What is significant is that Alternative 2 of CPE's concept plan which proposes what is needed to implement the "traditional/existing" 2006 design, materially overstates the cubic yards needed to restore the beaches to 2006 volumes. If CPE's Alternative 2 is materially overstated, in other words you don't even need as much as what CPE is proposing for six years, you don't need what is being proposed for 10 years which follows. Please refer to Page 41 of the proposed Renourishment Concept Plan prepared by Coastal Planning & Engineering ("CPE"). (See attached.) CPE introduction states on Page 41 that 482,031 cubic yards of sand are needed to re- establish the Vanderbilt, Park Shore and Naples beaches back to the 2006 historic design standard with a six year design life. The Humiston & Moore monitoring report shows that since 2006 to the present, the erosion amounts to 180,000 cubic yards of sand. CPE overstates the loss of volume by 302,000 cubic yards. CPE's design requires over 2.5 times more than what is needed to achieve the 2006 as built volume. 1 The 2006 as built volume upon completion of the renourishment was 667,000 cubic yards. There is more than 500,000 cubic yards of sand still remaining on these beaches, 6 years later. The actual 6 year loss of 180,000 cubic yards represents a loss of only 27%, and yet CPE is proposing a design as if 73% of the beaches have eroded. On Page 41 of CPE's concept plan, even the wording as to what is the proposed standard for each of the three beaches differs. Reiterating, CPE under alternative 2, entitled Traditional Existing Design, materially overstates what is needed to achieve the 2006 design causing alternative 3, the 10 year design for advanced renourishment, to be overstated since it builds on alternative 2. A summary and analysis of Page 41 of CPE's plan follows: 1. CPE's proposal for Vanderbilt Beach - "41,733 CY to refill to 2006 design" Analysis : The 2006 design was 178,000 CY meaning CPE is renourishing for a 24% loss which brings that beach back to the 2006 design. 2. CPE's proposal for Park Shore Beach - "138,132 CY to bring it back to the INTENDED STANDARD" Analysis: CPE's proposal presumes a 99% loss of the Park Shore beach. The 2006 as built volume was 140,000 CY. CPE's proposal states 138,132 CY are needed. This is not the case. See Humiston & Moore's monitoring report. Note that the wording "2006 design" applied to Vanderbilt has been replaced by "intended design standard" which is not defined and is not the 2006 design standard. 3. CPE's Proposal for Naples Beach - "302,166 CY to return to its FULL DESIGN INTENT" Analysis: Again, CPE's proposal grossly overstates what is needed. The as built volume of Naples Breach in 2006 was 345,000 CY. Requiring 302,166 CY suggests a 87% loss which is not the case. See Humiston & Moore's monitoring report. Importantly, note the standard is not the "2006 design" as for Vanderbilt. The wording for this beach's standard even differs from the Park Shore standard. Lastly, "full design intent" is not defined. In sum, under alternative 2, only Vanderbilt Beach is being renourished to the 2006 design standard based on actual losses, verified by Humiston & Moore's monitoring report. Park Shore and Naples are being renourished to completely different standards, far in excess of what is need to achieve the 2006 design. Again the average actual loss for these 3 beaches is about 25%. The design for Park Shore provides for 99% or 74% more than the 2006 design. The design for Naples provided for 87% or 62% more than the 2006 design. CPE grossly overstates what is needed to achieve the 2006 design standard, before even offering the 10 year design standard/needs which builds upon the 2006 design standard. Neither alternatives 2, nor 3 can be relied upon. 2 02 C' Furthermore, the Barefoot Beach renourishment must remain outside of the scope of this renourishment plan. Barefoot is a separate and distinct project that is part of the Wiggins Inlet Management Plan and must be financed and monitored separately from the VB/PS/Naples plan, as has been the case in the past. Incidentally, the engineering design for Wiggins Pass was done by CPE, the same firm that is proposing the overstated renourishment concept plan. The Wiggins project is estimated at between $3.5 to $5 million dollars. It is an unproven approach, and as such the portion of this project related to renourishment should not be buried in the VB/PS/Naples project. The financial success or failure of the Wiggins Inlet project and the resulting erosion of Barefoot Beach needs to stand on its own. The financial impact of adjusting the concept plan based on the overstatement of the actual need and the Barefoot addition - without even going to the merits of the additional representations in alternative 3 - is approximately an $8,045,000 reduction in the project's cost. Alternative 2 would drop from $19 million to $14 million. Alternative 3 would drop at a minimum from $31 million to $23 million. Adjusting for the volume inflation in concept 2, and the scope adjustment in concept 3, the overall savings over what has been adopted by the BCC is $17 million, which is the difference between $31 million (BCC adopted) and $14 million (need based). As to the Marco beaches, the monitoring report shows that the Marco beaches have grown since the 2006 renourishment by 174,000 CY of sand. There has been accretion, not erosion, except with respect to_ the South Marco beach which has lost 14,000 CY, but is filling in naturally. So why is additional sand being proposed for those beaches, which are now larger than they were after being renourished in 2006? The proposed cost to add 104,000 CY of sand to the Marco beaches should be removed saving almost $2 million. Separately, any federal funds related to Tropical Storm Fay should only go to those beaches adversely affected by that storm and made a part of the grant request. I have asked for a copy of the grant proposal and a summary of the funding expended by the county and reimbursed by the Feds to determine where the county stands on this application. This storm occurred several years ago. Those beaches should already have been restored to their pre-storm volumes. A separate review of this matter will follow upon completion. It is clear from the few examples presented above that Commissioner Henning is justified in bringing this matter back for reconsideration. With thanks, Commissioner Georgia Hiller 3 fzilit dth Park Shore The north Park Shore FEMA limits extend ut from R-45 to R-47. These profiles will receive 21,000 cubic yards of fill centered The south Park Shore FEMA limits extend f om2.R-51 to R-53. The design volume for this area is 30,000 cubic yards centered about Naples each The fill limits for the Naples Beach FEMA project extend from R-58A to R-65 and R-70 to R-72. In total,this area has a design volume of 84,000 cubic yards. The profiles to the 1 north will receive 64,000 cubic yards R 70 and R 72 1 ns also designed to receive 20,000 ll concentrated ear R-62 to help losses to Doctors Pass. The area between 20,000 cubic yards,with fill centered about R-71. Alternative 2: Traditional/Existing Design The design volume is based on the quantity of sand 006 project'ect des re-establish e design berm is 100 provide 6 years of advanced nourishment using the p feet in Vanderbilt and Naples Beaches and 85 feet in Park Shore Beach. The amount of fill design needed to bring the historic project areas back to gn standard with a six year design life is 482,031 cubic yards (Table 8). The design method in spreadsheet form is provide in Table 11 at the end of this report. Vanderbilt Beach The fill limits of the previously permitted project in Vanderbilt are approximately R-22 to R-31. This area needs approximately 41,733 cubic yards to refill the 2006 design. Park Shore Beach The fill limits of the previously permitted project in Park Shore are approximately R-45 to R-55. Overall this area needs 138,132 cubic yards to bring it back to the intended design standard. Naole_�s Beach The fill limits of the previously permitted project in Naples to es f pl design xi ately R-58A to R-79. .Overall,this area needs 302,166 cubic y Alternative 3: Expanded Design to widen the The design volume for the expanded design is base ourishmentf The des gn beach width construction profile to provide 10 years of advanced 41 COASTAL PLANNING&ENGINEERING,INC *qt. remains the same as Alternative 2, except as stated below. The area south of Doctors Pass and Clam Pass will have a design width of 80 feet. This design volume includes raising the berm 1 foot for the expanded design option. The berm will be raised from 4 ft NAVD to 5 ft NAVD, but additional analysis will be needed to provide the proper transition between the natural beach and berm system, and the additional height may not be practical everywhere. From preliminary analysis, it appears that approximately 75% of the profiles can be heightened. A typical cross-section comparing the 2005/06 permitted template versus the expanded template is shown Figure 8. The design method in spreadsheet form is provided in Table 12 and 13 at the end of this report. Typical Naples Beach Profile 2006 vs 2010 Template Comparison 2010 Profils 6 2006 TmiplWs •• "t �Ezpandsd Template 1 ` \� , 2 111 P 1 \ �. \19 15 \ 5 �- -a 40— 10 100 130 200 230 .300 310 400 450 500 Distract(ft) FIGURE 8: Typical Naples Profile. Vanderbilt Beach The fill limits of the Vanderbilt project area are approximately R-22 to R-31. Approximately 58,056 cubic yards is proposed within this project area to expand its design life and raise the berm elevation. The design beach width and berm elevation is 100 feet and 4 ft NAVD respectively. An increased elevation of 5 feet NAVD will be used where the landward intercept is accommodating and/or where beach width is restricted by near shore hardbottom. 42 COASTAL PLANNING&ENGINEERING.INC cl/Z5n2 Park Shore Beach The fill limits of the Park Shore project area are approximately R-45 to R-55. Overall, approximately 186,166 cubic yards of material is proposed for placement within this reach. This volume is restricted at a few areas due to the close proximity of hardbottom, which may limit project life. This may be moderated by analysis during modeling or the detailed design phase. The design beach width and berm elevation is 85 feet and 4 ft NAVD respectively. An increased elevation of 5 feet NAVD will be used where the landward intercept is accommodating and/or where beach width is restricted by near shore hardbottom. Naples Beach The fill limits of the Naples Beach project area are approximately R-58A to R-79. The expanded design within this area requires 413,008 cubic yards of material. The profiles immediately south of Doctors Pass near R-58 cannot fit an expanded template needed to support a 10 year renourishment interval due to potential hardbottom impacts. Modified inlet management practices should be able to address much of the hot spot problem, supplemented with a spur off the Doctors Pass jetty. The volume for this reach does not change with a change in inlet disposal locations, but the distribution of fill in Table 12 does. The design beach width and berm elevation is 100 feet and 4 ft NAVD respectively. An increased elevation of 5 feet NAVD will be used where the landward intercept is accommodating and/or where beach width is restricted by near shore hardbottom. The design width south of the inlet is 80 feet through R-59,due to the hardbottom restrictions. New Areas The two new areas that are proposed for the expanded project are located directly north of Wiggins Pass and directly south of Clam Pass. Barefoot Beach The Barefoot Beach area is located from R-14 to R-16 and has recently been designated as a critically eroded area by the FDEP. Approximately 100,000 cubic yards is proposed within this area to supplement fill placed from the maintenance dredging of Wiggins Pass and the proposed inlet realignment project. Initial estimated total cut volumes from Wiggins Pass are realignment approximately 80,000 cubic yards. This material will be used to fill the meander channel and create dikes along with restoring the shoreline to the north. The shoreline at Barefoot Beach requires more sediment than available from dredging the Pass, so supplementing it with fill from the renourishment project will aid in its restoration. It is estimated that 25,000 cubic yards can be provided on the initial inlet dredging, and at least 35,000 cubic yards every 4 years thereafter. In conjunction with nourishment, almost 200,000 cubic yards can be placed in 8 years. The design berm elevation is 4 ft NAVD or equal to the natural 43 COASTAL PLANNING&ENGINEERING,INC qte beach. The design goal in conjunction with inlet management is to restore the beach towards historic widths. Clam Pass Park The area south of Clam Pass from R-42 to R-45 is the second proposed expansion area to the Collier County Renourishment Project. Fill to the north of Park Shore will stabilize the area, acting as a feeder beach. Approximately 30,000 cubic yards is proposed within this area. The fill will supplement sand from bypassing at Clam Pass, which alone is insufficient. The disposal site for Clam Pass bypassing should be extended further south to address a hot spot located south of R-44. The design template will be the similar to that proposed for the Clam Pass dredging project. The design beach width and berm elevation is 80 feet and 4 ft NAVD, respectively. An increased elevation of 5 feet NAVD will be used where the landward intercept is accommodating and where beach width is restricted by near shore hardbottom. The width is restricted for this entire reach. Alternative 4: Erosion Control Structures Structures have been proposed as one means of alleviating erosion in hot spot areas. Some types of structures suitable for use in Collier County are illustrated at the end of this report in Photographs 10 through 15 and Figure 20. Structural changes being considered for modeling are described in section XIV. Alternative 5: Alternative Sand Sources/Construction Methods Alternative sand sources and construction methods will be considered during design and project life. Each of the borrow areas that are proposed for use during the upcoming project requires different equipment in order to bring sand to the project area. For Borrow Area T1, a medium sized hopper dredge will be needed along with approximately 3 miles of submerged pipeline to transport the material to the shore. Booster pumps will also be required to supply extra force to ensure the sediment can transverse the entire length of the pipeline. For the Cape Romano borrow area, a hydraulic dredge with a scow will be required to remove sediment from the source. A small hopper dredge would also be feasible. Due to each of the borrow area's unique traits, a joint borrow area bidding scenario is unlikely, but could be feasible if a bidder used a hydraulic dredge and scow. In addition to the initial fill placement, upland sand sources may be used to alleviate erosional hot spots. Truck haul projects are advantageous when a small area requires extra fill, but they cause an unwarranted nuisance and need to be avoided. Mobilization prices can be costly for dredges, so using an upland sand source helps reduce the cost for smaller projects. 44 COASTAL PLANNING&ENGINEERING,INC itqlz Gaps in Fill Currently, gaps are proposed where a portion of shoreline does not need fill. If desired by the County, these gaps can be filled in at a minimum 10 c.y./1.f., which is the smallest practical amount a dredge contractor can place. This "gap fill", however, will substantially increase the cost of the project, but does help prevent lateral spreading of the design fill into surrounding areas. It is important to note that these gaps may be modified in the final design. Some gap areas may be partially filled in to alleviate losses from spreading and to account for detailed hardbottom avoidance. Below is a list of the areas where there are gaps in fill plan and no fill will be placed for Alternatives 2 and 3: R-22 to R-24 R-50 R-66 to R-69 R-31 R-54 R-73 to R-75 R-49 R-55 R-77 to R-79 XIII. SCHEDULE The project is tentatively scheduled for the November 2013 to April 2014 period, and will take approximately 4 months. If construction savings are desired, then summer construction in conjunction with another community offers the best prospect for savings. The May-July period has the calmest weather, which will lead to a shorter construction period and higher production rate when pumping. XIV. TASK LEADING TO CONSTRUCTION OF THE 2013-14 PROJECT The project cost includes dredging and the professional services and management necessary to bring the project to construction and complete the required pre-, during- and post construction monitoring and inspections. This list should be updated based on a pre-permit application meeting with FDEP. A list of the tasks needed to prepare the project for construction and conduct the inspections and investigations necessary are summarized below: Permit Design. Plans and Specification for 2013-14 Project Pre-Application Meeting FDEP Pipeline Corridor Mapping-3 New Ones with Operational Areas Special Design Survey for Structures, ECL&3D Design Process ECL Survey Structural Areas Survey intermediate lines at hardbottom inflection points for 3D design 3-D Design Update(around hardbottom)with larger fill section and new reaches Add Clam Pass Park and Barefoot Beach Address Hot Spots and Hardbottom Avoidance with intermediate profile line Run model with refinements and to revalidate design and Spreading magnitude Design structure modifications and removals Prepare BOEMRE Environmental Assessment 45 COASTAL PLANNING&ENGINEERING,INC n/ / 114 Prepare&submit permit modification to 2005 Permit with new Permit Sketches RAI Cycle with Meetings Update biological and physical monitoring plans Develop Hardbottom Impact Assessment Develop Plans and Specifications Bidding and Award Pre-, During-and Post-Construction Task Pre-Construction Survey Pre-Construction Biological Monitoring Hardbottom mapping using side scan Construction Assistance Services Pipeline Corridors Monitoring Shore Bird Sea Turtle Monitoring Post-Construction Survey, Report and Certification Post-Construction Biological Monitoring and Report XV. COST ANALYSIS The cost of the project is principally a function of distance to the borrow areas, cut depths, and shallowness of the nearshore bathymetry, which leads to long pumping distance after the sand has traveled to the submerged pipeline location. Grain size, water depth at the borrow area, and equipment play a secondary role. This cost estimate is based on experience derived from the 2005/2006 Collier County Renourishment Project, recent dredge industry practices, and a price adjustment of 2.2% per year until 2013-14. Dredge contractors are placing a larger percent of cost in mobilization, and less in the unit cost component. The cost in Table 9 is summarized based on the volumes in Table 8. Given the ever increasing cost of dredging, combined bidding of the Collier County project with a similar regional project from the west coast of Florida could provide a significant cost savings. We have an estimate for cost saving considering a joint biding with another county or city government. A limited amount of structural work is considered,which includes building the south jetty spur at Doctors Pass and the removal of a few groins. Some matereail form groin removal may be suitable for use in the Jetty spur. The cost estimate includes removal of some of the existing groins for Alternative 2 and 3, and the construction of a jetty spur for Alternative 3. There is no cost difference for the alternatives designed to support sand bypassing to the Lowdermilk Park or adjacent to the Doctors Pass south jetty disposal area. Doctors Pass dredging would be less expensive with the closer disposal area. Fill for a feeder beach or additional advanced nourishment to a hot spot has been included for use during the detailed design phase of this project. The cost for increasing the beach design elevation to 5 ft. NAVD is small and will decrease the potential for hot spots. The County currently has a FEMA approved project based on erosion experienced during Tropical Storm Fay. This funding can help support the mobilization and demobilization costs, 46 COASTAL PLANNING&ENGINEERING,INC it/2-54( 4ff 11C. ' which are a costly component of the project. The County may also obtained cost sharing money from the FDEP, which will be used for applicable areas of the project. Alternative 2A illustrates one way to reduce the price of the project. It keeps the renourishment interval at 6 years, while keeping the two new reaches and limited structure funding. There are many strategies and small changes to the project that can be implemented to reduce the price, which can be fleshed out during the planning and implementation process. For example the cost savings of reducing the renourishment interval from 10 to 8 years amounts to $2.8 million. A moderate savings is assumed in the cost estimate from use of joint bidding and construction with an adjacent project to including cost efficiency desired by the dredge contractors. The greatest dredging cost savings need the following characteristics: -Early availability of draft Plans and Specifications -Long and Flexible Construction Timetable -Combined bidding with similar public projects -Construction period includes calmer months—May to July The total project cost including engineering, permitting, surveys and monitoring for the three main alternatives are provided in Table 9. Potential savings are estimated, including reducing the project to an 8-year life. 47 COASTAL PLANNING&ENGINEERING,INC i TABLE 9 COLLIER COUNTY PRELIMINARY COST ESTIMATE Alt 1 PIMA Alt 2 Alt.2A Att.3 tOyr Exisliag Fainting YtwrWa of Design Werra hens Unit Unit Cast Construct Bath Fin Hydraulically Fill Volume C.Y. 175,000 482,031 I 612,031 787,130 I.Mobilizatioo/Demobiliation L.S. $3.700,000 53,700.000 1 53,700.000 $3,700,000 Beach Fin 2.Vanderbilt Bach 01225 431) - C.Y. $2800 61,120.183 $1,168,707 $1,168,707 61,625,832 3.Pelicia Bay Bads(131-137) C.Y. $31.55 SO SO SO 4.North Park Shore Bach 01433-R4$) C.V. $31.88 5669391 $1,303,126 $1,303,126 $1,515,146 5.Park Shore Bach(848-854.5) C.Y. $26.23 $786,780 52,550,508 ,, $2,550,508 53,575,581 6 Napes Beach(R58A-1179) C.Y. $30.29 52,544,759 $9,154,037 59.154,037 512,511,965 7.Hot Spot/Feeder Volume C.Y. _ $29.59 $591,806 Environmental Monitoring 8.Set Buoys for Pipeline Corridot 528,747.46 $28,747 $28,747 $28,747 $28,747 9,Turbidity Monitoring 519749243 5197,692 $197,692 $197,692 5197,692 Offshore Sea Turtle Monitoring(Hoppe Dredge only) 10.Mobilization/Demob.ofTonle Trawler Event 54,233.83 $4,234 54,234 $4,234 $4134 II.Relocation Trawling Day 84,068.75 664,730 5178,297 $178,297 S243,063 12 Endangered Species Obaener Day $673.18 $10,710 $29,499 $29,499 $40,215- 13.Payment and Perfomuoce Bond L.S. 1 591.272 5183.14$ $183,148 5241043 , SUB-TOTAL $9,215.501 $18,497,995 $18,497,998 $24,345,324 New Rackes. 14 Barefoot Beads C.Y. $28.00 SO SO 52,800,000 62,800,000 15.Clam Pm Park C.Y. $31.71 SO SO $951,300 $951,300 New reaches Sub-meal 53,751.309 . 83,751,300 Alternative{:Structures SO SO $400,009 51,600,000 16.Phase 1 Removal of Groin SO $0 $400,000 $700,000 17.Jetty Spur SO SO SO $900,000 . Prefwiaeal Services I 5906,950 5906,950 51,265,301 i 61,490,987 • 18.Final Design and Permitting 5266,460 5266,460 $487,562 5576,000 • 19.Pro-,During it Post Conseuctioe Services $640,491 $640,491 5777,739 5914.987 Sub-total without Savings 510,/25451 519,404445 523,914,595 531.187411, Prolect Saving Goal Sub-Total -$1323490 41818586 -62,816,522, -55414,001 20.Combined PmjeceMobilba6on 41,000,000 -51,000,000 -$1,000,000 -51,500,000 21.Yar Round and Flexible Construction Specs -$333,490 -$918,586 41,166,322 -SI,500,000 22Turde Relocation $100,000 6100000 $150,000 $150,000 23.Reduce Project Design Life to 8 years. SO SO SO -$2,764,001 Sub-tend with Savings $9,091,961 517386,359 521,898,274 $25573,610 5%Can8ngencv 6444.598 $879318 $1,094,914 $1278,680 TOTAL 59,336,559 515465477 $22,993,187 526,852390 4 48 COASTAL.PLANNING 8 ENGINEERING,INC 1/trit 4.,4r V ` > ) 07`1 TDC Beach Renourishment Capital Fund(195) C t it . t)/� Pro-forma analysis 7 Assumes set aside of de-obligated FEMA funds,a . (� 1 1 ,Z ,$2M DEP reimbursement set aside,the addition of a� _\ $650,000 truck haul renourishment in FY 13 and a Leno_rish_e_t fundingsscop_of$156000,000.__J 9/12/2012 TDC Beach Renourish 195 Ca•ital FY 2013 FY 2013 FY 2014 FY 2015 roje Line No. Description Budget Pro Forma Pro Forma Pro Forma 1 . . ©70004 Doctofs Pass Dredging _ 800,0D0 it - ©80096 Collier Beach Design&Construction 490,000 490,000 15,000,000 .11111M. 0[Marco Renounsh Design 100,000 100,000 ��- ©EIHI Beach Tilling 15,000 15,000 40,000 40,000 0 80203 Laser Grade Marco 35,000 35,000 IMIEM 35,000 7 :' • Wiggins Pass Channel ,700,000 1,700,000 - - 8IMINIIII MI Beach Renourishment 3,000,000 ''.•''• - - 0 88030 North Truck Haul Renourishment - 650,0'.!,' - MEM 90020 TDC Beach Project Admin-FEMA Recovery 100,000 1 90033 Biological Monitonng - 125,000 12 90044 Vegatation Repairs-Exotic Removal 75,000 75,000 75,000 75,000 ®90080 Clam Pass Ebb Tide Study - 450,000 14 90098 Naples Pier Maintenance 80,000 80,000 82,400 84,900 15 90522 Wiggins Pass Dredging-Channel Engineering - - 50,000 =EIMr=a Beach Cleaning-Naples 76,900 76,900 79,200 81,600 i 17 90533 Beach Cleaning-County/Marco 109,600 109,600 112,900 116,300 I City/County Monitoring 200,000 200,000 206,000 212,200 19 Sub Total• •' 5,881,500 6631,500 15,595,500 2,070 000 20 Reserves for Contin•enc 695,800 - - 21 Ca.-Reserve for Catastro.he 5,500,000 - - 500,000 22 Ca.-Reserve for Pier 79,000 - - - 23 Ca.-Re e = forF r= :_- r=no ri r ent 14,000,000 - - 1,234,900 24 IVI,= - - . - 225,800 - - - 25 Reserves-DEP 4,900,000 2,000,000 - - 26 Reserv-FEMA De-obli.ation - 11,200,000 - - 27 Sub Total Reserves 99195 25,400,600 13,200,000 - 1,734 900 28 T- t•001 B=-+ Tu =M. it. • 160,000 160,000 163,200 166,500 29 Trans to 184 Interest Redirection 150,000 150,000 150,000 25,000 30 Trans to 185 Pro ectMana•ement&Admin _ 64-'100 647,100 647,100 647,100 ` 31 Trans to 710 Grant Related - - - - 32 vans Tax Coll Revenue Collection Ex.ense 120,200 124,700 124,700 124,700 33 Sub Total Transfers 1,077,300 1,081 800 1,085,000 963 300 34 Fund Total-E.•- • 32,359,400 20,913,300 16680,500 " 1 35 36 :.-_.'« _.,. .. 37 TDC Revenue 2/3 Cat=•o A 4,809,000 4,988,300 4,988,300 4,988,300 38 Reimbursements General - - - - 39 Reimb FDEP for MI Renourishment 1,000,000 1,000,000 - - 40 Restore Act Funds - TBD - 41 DEP Cost Share = - TBD - 42 Interest 150,000 150,000 150,000 25,000 43 Ca Forward 26,698,300 26,877,600 11,804,700 5,600 44 5%Rev.Reserve - 297,900 297,900 256,900 250,700 45 Fund Total-Revenues 32,359,400 32,718,000 16,686,100 4,788,200 46 47 Fund Bala Forward - 11,804 700 5,800 - 5 ^ ,r Gi,t5k p rt,Q% e\11) �u Q� t 1 S In(s r� l � l7 To �t�L� acL H:\Budget Files FY 13\Budget Book\TDC\Fund 195\Fund 195 August 2012 Projections(edfinn v1) ticdfL fkfie MarcellaJeanne From: McAlpinGary Sent: Monday, September 17, 2012 10:14 AM To: MarcellaJeanne Subject: Emergency Renourishment Perform Emergency Truck Haul beach renourishments on the Vanderbilt and Naples Beaches for an estimated cost of approximately$650,000. The area covered would be from the La Playa(R26)to just north of the Ritz(R30) approximately 4,000 LF on Vanderbilt beach and in Naples from Lowdermilk Park(R61)to the Naples Golf and Beach Club(R63.5)or 2,500LF of beach. The beach will be elevated to the top of the scarp at the vegetation line. The beaches will be higher(1-2 feet)at the vegetation line and extend the entire width of the beach to the MHW line. The beaches cannot be made wider. The sand must have a turtle friendly slope(1:4) so the renourishment at both locations will be very limited. Preliminary estimates are 12,000 CY's at Vanderbilt and 12,000 CY's at Naples. Since sand is not placed in the water, a USACE permit is not required and an Emergency Renourishment with FDEP can take place. If this work begins in November, both locations can be completed by the first of the year. Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 BAREFOOT BEACH '"F 9i � 9/( '� WIGGINS PASS �411611.11.1;44/ TALLAHASSEE JACKSONVILLE 164„.DELNOR-WIGGI - PROJECT STATE PARK . ' n.TS. LOCATION TAMPA ORLANDO ATLANTIC OCEAN t -. HENDRY CO. , BOCA LEE RATON CO. 1111111111111Pbo + NDERBILT 0,p MIAMI N VANDERBILT T--:' _' �+ oL ro GULF ; MEXICO il G' R , GULF MONROE CO. W MEXICO 0 0 o 0 I M 0 v W CLAM PASS lifl SR 896 111.tri N 880000 e N 680000__ PARK SHORE in • ' .HOW; DOLT•''S PASS A . SR 886 r`� A111110 SR 856 NAPLES '' N 660000 ,ill N- 680 ai'u / � SR 84 ,. Nil 0 k. I �r7 LEGEND: % /,' 2013 PROPOSED FILL AREAS GULF _ OF 4 2013 PROJECT BOUNDARIES MEXICO ► 1 ,eRT ROYAL A R70 FDEP MONUMENTS I. NOTES: GORDON PASS 0 a} 1. COORDINATES ARE IN FEET BASED ON FLORIDA STATE A PLANE COORDINATE SYSTEM, 4�k 0 4000 8000 EAST ZONE,NORTH AMERICAN l DATUM OF 1983(NAD83). co `�' C 2. FILL WIDTHS ARE NOT TO SCALE. w i 0 �; w GRAPHIC SCALE IN FT //44( (f, ■ n� 1/E4--- {IL MarcellaJeanne From: HillerGeorgia Sent: Tuesday, September 18, 2012 8:26 PM To: CasalanguidaNick; OchsLeo Cc: ChesneyBarbara; Krasowski Bob; LorenzWilliam Subject: Re: Beach Budget Allocation Leo/Nick - I'd like to review the allocation by marker and compare that to Atkins' monitoring results ahead of Tuesday's meeting. Can we meet on Friday? With thanks - Georgia Hiller Commissioner, District 2 On Sep 18, 2012, at 1:04 PM, "CasalanguidaNick" <NickCasalanguida(&colliergov.net> wrote: > Questions for Bill, > 1. We showed the Commissioner the slide that identified the approximate 420K re nourishment footprint as compared to the complete 2006 template. Please ask CPE to provide a more detailed exhibit showing volume and marker for the 420K amount > 2. We provided the raw data in an earlier e-mail. As soon as CPE submits their report, please make sure that their report details the delta between the survey data and the proposed re-nourishment along with the 2006 template. > See me if you have questions. . . > Thanks, > Nick > Original Message > From: HillerGeorgia > Sent: Tuesday, September 18, 2012 12:50 PM > To: OchsLeo; CasalanguidaNick > Cc: Krasowski Bob > Subject: Beach Budget Allocation > Please provide the revised allocation of sand by volume, by marker based on the new budget proposal you presented to me yesterday. > Please also provide the monitoring data that supports the revised volume by marker allocation. > Kindly copy Bob on your response to me - his email is cc'd. > With thanks - > Georgia Hiller > Commissioner, District 2 1 `if L6/l'G 1i iiC > Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. > Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. 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W j I a n v -< 0 0,71 0 C v c o m ii H z cn - Z � zz =i = 3 rn G� z °P. c� rn rn Z co CDD co -I z o M 73 > 3 H Qn t0 O zGy ,� O• m ern° 0 cD ° N O z -I so C ; > _ 3 -I 0 0 p rn -I O � u", 1 Ts m Z ozrn n G7 N 6 -rC D -I -I W -I r=n > �� CI n zDr m i.----1 - in N 0a 0 Z T co -t C -I C O. p rt 0 = 0 m a GI rn 3Dr 3 z rn _ ill� tD rn vi v M O C pTn rt D rn 3 00 I v P3 rnrnz u 3 m 5 rn in m � zO at -~4I v N m D Ft rn -- z 1 13 H 3v —1 G-) n y" z� nr ` Z O G I 2 -I * )=. z co u r- z w c r rn N � Ay rn F 2 7C D Cr) p Cm < z O _-F ° PO a C D C x m �--- .-� tn n -I ° ,2 cn o A z O —izz IA �., r '1 3 r", z - n mcoaorn "k' 3 v2 m z 0cIN -- m oo o z ° ,,' C. al 73 Z 30- 0 - to v c3D O u 'o , .4 0 C > c z 2 'a CU O m cmr, rn ° f - CD• 114 ° N -----\ (pp Ti 0 z -Io 7 pJ CA 1:k m Z ° zrn n mG-) v) C -< x 2 D - �` co m m rn Wp > O CO rn N ° O G Z 73 o 71 W ■ 13 z a X C v rP ism 12 . 9` �2� 9/20/12 ' gvt0 w�EKS Hussey Settlement Agreement—Analysis & Summary The proposed settlement agreement pertains to two sites (see attached maps): 1. 966 acres owned by various Hussey entities, all of which are designated Rural Fringe Mixed Use District (RFMUD) Sending Lands and North Belle Meade Overlay(NBMO), zoned A, Rural Agricultural, and located on the north side of I-75, about 3 miles east of Collier Blvd. (CR951), within Sections 29, 32 and 33, Township 49 South, Range 26 East; and, 2. 2,576 acres owned by SR 846 Land Trust, all of which are designated Rural Fringe Mixed Use District Receiving Lands, zoned A, Rural Agricultural, with a conditional use for earth mining, and located on the east side of Immokalee Road, about 2 miles north of Oil Well Road(CR858), within Sections 35 and 36, Township 47 South, Range 27 East, and Sections 1 and 2, Township 48 South, Range 27 East. (Husseys have an ownership interest in the SR846 Land Trust site.) Generally speaking,the settlement agreement proposes a swap in future land use designations between portions of the two sites—Hussey site decreases Sending Lands and gains new Receiving Lands while SR 846 Trust site decreases Receiving Lands and gains new Sending Lands. However, though the acreage shifts are almost equivalent,there are specific use allowances that go beyond merely shifting future land use designations,thus allowable uses, densities and intensities. Table 1 below shows the map designation changes proposed. Table 1: FLUM Designation Changes Sending Lands Receiving Lands Sending Lands "Special" Hussey site -966 +526 +440 SR 846 Land Trust site +945 -945 --- Total -21 -419 +440 General Summary Hussey Receiving Lands (526 acres) would allow all RFMUD Receiving Lands uses, standards, etc. (except a Rural Village is not allowed) but would allow 3 uses by right that are presently required to obtain conditional use (CU) approval - excavation, asphalt and concrete batch-making plants, recycling facility for concrete and construction debris. (Certain Receiving Lands in the NBMO are presently allowed to excavate by right as well as develop an asphalt plant by right, as is being requested here; however, the agreement proposes one additional use by right.) Prior to development of these 3 uses, all other local (and state and federal)permits would still be required. For example, an excavation would still require a commercial excavation permit. An excavation permit requires BCC approval but only a simple majority vote vs. super majority vote requirement for a CU; and, the excavation permit review process is more technical in nature than the CU, which is a land use approval. The agreement also requires all Collier County development applications be expedited, and that the County not oppose any related applications for state or federal permits. 1 7ft 5// . 12A- 9/20/12 Hussey Sending"Special" lands (440 acres) would allow all RFMUD Sending Lands uses, standards, etc. and allows 115 acres of excavation - by right, and essential services allowed in the "A"zoning district, but prohibits residential uses, forfeits TDRs from the excavation area, exempts the non-excavation areas (225 acres) from the 25 year prohibition on TDR severance and change of land use following clearing without restoration, and extends the early entry TDR bonus by 3 years for this site. All Hussey Lands The agreement includes the following considerations for Collier County: donation of 180' for right-of-way along the southern border(above I-75); donation of road rights-of-way for other roads in the MPO's 2035 Long Range Transportation Plan(LRTP) within or adjacent to Hussey property; use of excavated ponds/lakes for storm water treatment and storage; lease for two potable water well sites; donation of fill for roads within or abutting Hussey property that are in the MPO's 2035 LRTP; provision of fill at base cost for certain roads as may be required to be used as haul roads for the excavation operation; and, sell rock and fill to the County at a discounted price. The agreement also requires all Collier County development applications be expedited. SR 846 Trust Sending Lands (945 acres) would allow RFMUD Sending Lands uses, standards, etc. but extinguishes excavation rights on 202 acres, provides that the CU does not need to be amended to reflect that change, requires all existing native vegetation to be preserved or, if cleared, restored at 1:1 ratio, any restoration will include wetlands suitable for wood stork foraging, and extends the early entry TDR bonus by 3 years for this site. A native vegetation restoration and management plan is included and, in the event that environmental restoration and maintenance TDR bonuses are sought,the plan would serve as the plan required for that TDR bonus. SR 846 Trust Receiving Lands (1,631 acres)would allow: RFMUD Receiving Lands uses, standards, etc., including existing excavation; Rural Village on all 1,631 acres (exceeds GMP cap of 1,500 acres)with no greenbelt requirement; an RPUD (residential planned unit development) on all 1,631 acres at up to 3 DU/A using TDR credits but with minimum density of 1 DU/A; an MPUD (mixed use PUD) on all 1,631 acres at up to 3 DU/A using TDR credits but with minimum density of 1 DU/A, office and retail commercial uses, hotel/motel use at 26 units per acre, and ALF/CCRC use at 0.60 FAR. An MPUD could contain 163.1 acres of commercial development(compare commercial acreage to: Lely Resort— 133 acres, Pelican Bay—99 acres, Pine Air Lakes— 104 acres); no other mixed use (residential & commercial) PUD in Collier County contains this much commercial acreage. The requirements for native vegetation preservation and a greenbelt are eliminated. Also,provides that, should Collier County amend its regulations to allow the transfer of Rural Lands Stewardship Area(RLSA) Overlay stewardship credits into the RFMUD,this site may utilize that allowance. To develop this site with a Rural Village or RPUD or MPUD would first require a rezoning of the land via the process established in the Collier County Land Development Code. The agreement does not entitle such development, rather establishes the intensity parameters and certain allowances. Compatibility, public facility impacts, etc. would be considered as usual. 2 vzdyt • 2A- 9/20/12 All SR 846 Trust Lands The agreement includes the following considerations for Collier County: donation of road rights-of-way for roads in the MPO's 2035 LRTP adjacent to SR 846 Trust property; and,provision of related storm water treatment and storage. The attached Table 2 provides a numerical comparison of key provisions of the proposed settlement agreement(dwelling units, commercial acres,preserve acres, TDR credits, etc.) The agreement requires the growth management plan(GMP)—and land development code (LDC), as applicable—to be amended (perfunctory measures) to incorporate the provisions in the agreement. This will allow all interested persons viewing the GMP and LDC to readily see what the regulations are that pertain to these properties, the same as for any other property. The County would initiate these amendments. There may be a difference in materials to be excavated at the Hussey site and SR 846 Trust site. Regardless, having excavation sites dispersed could have a positive impact upon roadways given that some truck trip lengths would be lessened between the quarry sites and the end users (development sites and road construction sites). To date, there have been 4,909 TDR credits severed out of a maximum potential of about 20,000 TDR credits. This agreement would result in a potential increase of 436.4 TDR credits (+2.2%). Regarding the increase in commercial acres and increase in potential TDR credits, there is a fairness concern. Approval of the proposed settlement agreement does not provide the opportunity for public Input as would occur via the growth management plan amendment process, however public hearings will be required as part of the rezone process. Owners of commercial property near the SR 846 Trust site may be negatively impacted by the increase in potential commercial but would be afforded the opportunity to participate during the rezone public hearing process. Owners of Sending Lands throughout the RFMUD may be negatively impacted by the increase in potential TDR credits. Typically, there is no public hearing process involved to utilize TDR credits (unless part of a Rural Village, or the RPUD or MPUD proposed for the SR 846 Trust site). Ultimately,the decision to approve or disapprove the proposed settlement agreement is a policy decision for the BCC. Besides the various land use and environmental considerations—including public facility impacts,there is the consideration of settling a Bert Harris claim asserting damages in the tens of millions of dollars. The agreement does include provisions requiring much of the increased development intensity to go through a public hearing and vetting process prior to any development taking place. Though earth mining would be allowed without conditional use approval on the Hussey property, a commercial excavation permit, which requires Board approval and includes public notice, would still be required. 7-6-12 Hussey S.A.—summary&analysis 9-20-12 G:\CDES Planning Services\Comprehensive\David\Bert Harris claim-Hussey\July 6 2012 settlement offer dw/9-20-12 3 / 7/2 z S IP / O ci ) § - m § k - m - e ao 0 D CV - LC Cr) # # Q § in $ q q - '. y CC ° g k E co Q 4 a ) Ln k� N / r C % 171 1-ri' � # 3 E E ° /4– co CO cn _0 ri � 0 k 2 /u. R m k co f f 4-, f - CD 4 & 0.) ° § 12 § � - 00 m ID @ | 2 2 \ 2 q .o N. $ 7 % / CO Csl o - $ % f 0. R ƒ CC \ / 2 \ { ~ N \ 0 ° 7 7 d f E } ) q Cr) m f k \ ± g k o ) q § LU 0 \ / CO 0 ' g ! 0 2 \ § N 0 N. • - N. 5 k / c m $ f CO S ( To 7 kƒ 7 ` f Q ( 7 \ 0 \ E co c - -C w cv Lu Ill m N m & k§ 2 a 2 2 q 2 0 X IC § a. ° 8 B 0 0 ± $ § M o o \ N / / / C in \ \ / � / \ 13 & - m I6 15 '471 La 2 w E < < 2 1 k LA I f - § o. a on 2 C e. k w |b In C4 a a ) 00 _ $ § a - 44 e - r U NI CO in u C \ CC C CC CC E CU in C = O k k k \ \ \ } ( - 2 — — _ CO ; J E ) - ■ � . § % % 2 7 a,II 2 o ■) ƒ t 2 } E § 2 C1 § t k 2 k " ` CU § k � f § © § © .. aa j \ \ / Csl o u a § a k 0 O a _ mi m 4 m & / 11m 121q . 9/20/12 `P gvtO WEEDS Hussey Settlement Agreement—Analysis &Summary The proposed settlement agreement pertains to two sites (see attached maps): 1. 966 acres owned by various Hussey entities, all of which are designated Rural Fringe Mixed Use District(RFMUD) Sending Lands and North Belle Meade Overlay(NBMO), zoned A, Rural Agricultural, and located on the north side of I-75, about 3 miles east of Collier Blvd. (CR951),within Sections 29, 32 and 33, Township 49 South,Range 26 East; and, 2. 2,576 acres owned by SR 846 Land Trust, all of which are designated Rural Fringe Mixed Use District Receiving Lands, zoned A, Rural Agricultural, with a conditional use for earth mining, and located on the east side of Immokalee Road, about 2 miles north of Oil Well Road(CR858),within Sections 35 and 36, Township 47 South,Range 27 East, and Sections 1 and 2, Township 48 South, Range 27 East. (Husseys have an ownership interest in the SR846 Land Trust site.) Generally speaking,the settlement agreement proposes a swap in future land use designations between portions of the two sites—Hussey site decreases Sending Lands and gains new Receiving Lands while SR 846 Trust site decreases Receiving Lands and gains new Sending Lands. However,though the acreage shifts are almost equivalent, there are specific use allowances that go beyond merely shifting future land use designations,thus allowable uses, densities and intensities. Table 1 below shows the map designation changes proposed. Table 1: FLUM Designation Changes Sending Lands Receiving Lands Sending Lands "Special" Hussey site -966 +526 +440 SR 846 Land Trust site +945 -945 --- Total -21 -419 +440 General Summary Hussey Receiving Lands (526 acres)would allow all RFMUD Receiving Lands uses, standards, etc. (except a Rural Village is not allowed)but would allow 3 uses by right that are presently required to obtain conditional use(CU) approval- excavation, asphalt and concrete batch-making plants,recycling facility for concrete and construction debris. (Certain Receiving Lands in the NBMO are presently allowed to excavate by right as well as develop an asphalt plant by right, as is being requested here; however,the agreement proposes one additional use by right.) Prior to development of these 3 uses, all other local (and state and federal)permits would still be required. For example, an excavation would still require a commercial excavation permit. An excavation permit requires BCC approval but only a simple majority vote vs. super majority vote requirement for a CU; and,the excavation permit review process is more technical in nature than the CU,which is a land use approval. The agreement also requires all Collier County development applications be expedited, and that the County not oppose any related applications for state or federal permits. 1 12 A iH: 9/20/12 Hussey Sending"Special" lands (440 acres)would allow all RFMUD Sending Lands uses, standards,etc. and allows 115 acres of excavation-by right, and essential services allowed in the "A"zoning district,but prohibits residential uses, forfeits TDRs from the excavation area, exempts the non-excavation areas (225 acres) from the 25 year prohibition on TDR severance and change of land use following clearing without restoration, and extends the early entry TDR bonus by 3 years for this site. All Hussey Lands The agreement includes the following considerations for Collier County: donation of 180' for right-of-way along the southern border(above I-75); donation of road rights-of-way for other roads in the MPO's 2035 Long Range Transportation Plan(LRTP) within or adjacent to Hussey property; use of excavated ponds/lakes for storm water treatment and storage; lease for two potable water well sites; donation of fill for roads within or abutting Hussey property that are in the MPO's 2035 LRTP; provision of fill at base cost for certain roads as may be required to be used as haul roads for the excavation operation; and, sell rock and fill to the County at a discounted price. The agreement also requires all Collier County development applications be expedited. SR 846 Trust Sending Lands (945 acres)would allow RFMUD Sending Lands uses, standards, etc. but extinguishes excavation rights on 202 acres,provides that the CU does not need to be amended to reflect that change, requires all existing native vegetation to be preserved or, if cleared, restored at 1:1 ratio, any restoration will include wetlands suitable for wood stork foraging, and extends the early entry TDR bonus by 3 years for this site. A native vegetation restoration and management plan is included and, in the event that environmental restoration and maintenance TDR bonuses are sought,the plan would serve as the plan required for that TDR bonus. SR 846 Trust Receiving Lands (1,631 acres) would allow: RFMUD Receiving Lands uses, standards,etc., including existing excavation; Rural Village on all 1,631 acres (exceeds GMP cap of 1,500 acres)with no greenbelt requirement; an RPUD (residential planned unit development) on all 1,631 acres at up to 3 DU/A using TDR credits but with minimum density of 1 DU/A; an MPUD (mixed use PUD) on all 1,631 acres at up to 3 DU/A using TDR credits but with minimum density of 1 DU/A, office and retail commercial uses, hotel/motel use at 26 units per acre, and ALF/CCRC use at 0.60 FAR. An MPUD could contain 163.1 acres of commercial development(compare commercial acreage to: Lely Resort— 133 acres, Pelican Bay—99 acres, Pine Air Lakes— 104 acres); no other mixed use(residential &commercial)PUD in Collier County contains this much commercial acreage. The requirements for native vegetation preservation and a greenbelt are eliminated. Also,provides that, should Collier County amend its regulations to allow the transfer of Rural Lands Stewardship Area(RLSA) Overlay stewardship credits into the RFMUD,this site may utilize that allowance. To develop this site with a Rural Village or RPUD or MPUD would first require a rezoning of the land via the process established in the Collier County Land Development Code. The agreement does not entitle such development,rather establishes the intensity parameters and certain allowances. Compatibility,public facility impacts, etc. would be considered as usual. 2 12A 9/20/12 All SR 846 Trust Lands The agreement includes the following considerations for Collier County: donation of road rights-of-way for roads in the MPO's 2035 LRTP adjacent to SR 846 Trust property; and,provision of related storm water treatment and storage. The attached Table 2 provides a numerical comparison of key provisions of the proposed settlement agreement(dwelling units, commercial acres,preserve acres, TDR credits, etc.) The agreement requires the growth management plan(GMP)—and land development code (LDC), as applicable—to be amended(perfunctory measures)to incorporate the provisions in the agreement. This will allow all interested persons viewing the GMP and LDC to readily see what the regulations are that pertain to these properties,the same as for any other property. The County would initiate these amendments. There may be a difference in materials to be excavated at the Hussey site and SR 846 Trust site. Regardless, having excavation sites dispersed could have a positive impact upon roadways given. that some truck trip lengths would be lessened between the quarry sites and the end users (development sites and road construction sites). To date,there have been 4,909 TDR credits severed out of a maximum potential of about 20,000 TDR credits. This agreement would result in a potential increase of 436.4 TDR credits (+2.2%). Regarding the increase in commercial acres and increase in potential TDR credits,there is a fairness concern. Approval of the proposed settlement agreement does not provide the opportunity for public Input as would occur via the growth management plan amendment process, however public hearings will be required as part of the rezone process. Owners of commercial property near the SR 846 Trust site may be negatively impacted by the increase in potential commercial but would be afforded the opportunity to participate during the rezone public hearing process. Owners of Sending Lands throughout the RFMUD may be negatively impacted by the increase in potential TDR credits. Typically,there is no public hearing process involved to utilize TDR credits (unless part of a Rural Village, or the RPUD or MPUD proposed for the SR 846 Trust site). Ultimately,the decision to approve or disapprove the proposed settlement agreement is a policy decision for the BCC. Besides the various land use and environmental considerations—including public facility impacts, there is the consideration of settling a Bert Harris claim asserting damages in the tens of millions of dollars. The agreement does include provisions requiring much of the increased development intensity to go through a public hearing and vetting process prior to any development taking place. 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