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CAC Minutes 12/13/2012 CAC February 14,2013 VI-1 Approval of CAC Minutes 1 of December 13,2012 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, December 13, 2012 LET IT BE REMEMBERED, the Collier County Coastal Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 1:00 P.M. in REGULAR SESSION at Administrative Building "F", 3rd Floor, Collier County Government Complex Naples, Florida with the following members present: NGY%c.C. CHAIRMAN: John Sorey, III VICE CHAIRMAN: Jim Burke Anthony Pires Linda Penniman Robert Raymond Joseph A. Moreland Victor Rios ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Colleen Greene, Assistant County Attorney Gail Hambright, Accountant Dr. Michael Bauer, City of Naples Misc.Comes: Date: 1 Item#: Copies to: Collier County : December 13, 2012 Page 1 of 2 t' u ,� V 7� December 13, 2012 i, & Bookmark Font Size: Print Feedback Meeting Agenda and Notice COASTAL ADVISORY COMMITTEE (CAC) THURSDAY, DECEMBER 13, 2012- 1:00 P.M. BOARD OF COUNTY COMMISSIONERS CHAMBERS THIRD FLOOR,COLLIER COUNTY GOVERNMENT CENTER 3299 TAMIAMI TRAIL EAST, NAPLES •Sunshine Law on Agenda Questions .2012 CAC MEETING DATES I.Call to Order II. Pledge of Allegiance III. Roll Call IV.Changes and Approval of Agenda V. Public Comments VI.Approval of CAC Minutes 1. November 8, 2012 VII.Staff Reports 1. Expanded Revenue Report 2. News Artical on Dunes VIII. New Business 1. Post-Tropical Storm Isaac Analysis-Atkins North American, Inc. * Proposal 2. Marco South -Verbal Update * Schedule for Renourishment and Erosion Control Structures * Bid for Erosion Control Structure * Bids for Renourishment * FEMA Tropical Storm Debbie * Renourishment Quantities 3. Major Renoruishment-Verbal Update * Recent BCC Direction * Peer Review Renoruishment Quantities * Bidding Schedule * Permit Update 4. Update on December 11, 2012 BCC Meeting * 10M -Grant Application from the City of Marco Island/Hideaway Beach District * 1OR-Tourist Development Tax * 10X-Clam Pass/Pelican Bay Services Division * 10Y- Pelican Bay Municipal Service Taxing and Benefit Unit * 10Z- RFP/General Beach Renourishment Construction Poriect * 10AA- FEMA Beach Renourishment * 10AC-Turrell Hall&Assciates/Clam Bay System * 11E- Peer Review with Atkins North American 12/27/2012 http://www.colliergov.net/index.aspx?page=6999 Collier County : December 13, 2012 Page 2 of 2 * 16A35- FEMA Law Associates 5. Wiggins Pass-Verbal Update 6. FEMA De-Obligation - Update 7. Funding Formula for Beach Renourishment * 11C- Reallocation of Current TDC Funding * 11D- FY 12 Carry Forward up to $450,000 IX.Old Business X.Announcements 2013 CAC Meeting Schedule Mr. Moitv- Resignation Letter 11/15/12 Laplava Letter from Ron Vuy, Vice-President CAC Marco Island Board Approval XI. Committee Member Discussion XII. Next Meeting Date/Location January 10, 2013 Government Center, 3rd Floor XIII.Adjournment All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing,to the board prior to the meeting if applicable. For more information, please contact Gail D. Hambright at(239) 252-2966. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112, (239) 252-8380. Public comments will be limited to 3 minutes unless the Chairman grants permission for additional time. Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities(including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. http://www.colliergov.net/index.aspx?page=6999 12/27/2012 CAC February 14,2013 VI-1 Approval of CAC Minutes 2 of 7 December 13, 2012 Any persons in need of the verbatim record of the meeting may request a copy of the video recording from the Collier County Communications and Customer Relations Department or view online. I. Call to Order Chairman Sorey called the meeting to order at 1:02PM II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call Roll call was taken and a quorum was established. Chairman Sorey reported that Mr. Moity has resigned from the Coastal Advisory Committee and recognized his service to Collier County and its citizens. Changes and Approval of Agenda Mr. Pires moved to approve the Agenda. Second by Mr. Burke. Carried unanimously 7—0. IV. Public Comments Bob Krasowski addressed the Committee expressing concern on the format of the minutes as they do not outline speaker's comments. V. Approval of CAC Minutes 1. November 8,2012 Mr.Rios moved to approve the minutes of the November 8, 2012 meeting as presented. Second by Mr. Burke. Carried unanimously 7—0. VII. Staff Reports 1. Expanded Revenue Report—Gary McAlpin The Committee reviewed the "Collier County Tourist Tax Revenue FY 13 TDC Revenue Report"dated through November 30, 2012. 2. New Artificial Dunes Gary McAlpin provided a December 4, 2012 NY Times article "Resisted for Blocking the View, Dunes Prove They Blunt Storms"for information purposes. VIII. New Business 1. Post-Tropical Storm Isaac Analysis-Atkins North American, Inc. * Proposal Gary McAlpin presented the Executive Summary"Recommendation to approve and authorize the expenditure of Tourist Development Category "A"Tax funds for Post- Tropical Storm Isaac Analysis of Collier County Beaches by Atkins North American, Inc. under contract No. 09-5262-CZ for a not-to-exceed time and material amount$77,327" dated December 13, 2012. He reported that the Tourist Development Council reviewed the item and recommended it be approved subject to review by the Coastal Advisory Committee. Subsequent to this,the proposed contract amount has been revised to $77,327. 2 CAC February 14,2013 VI-1 Approval of CAC Minutes 3 of 7 December 13, 2012 The Committee recommended the wording in the Executive Summary and any other necessary documents reflect the contract is a "lump sum amount." Mr. Rios moved to recommend the Board of County Commissioners approve expenditure of Tourist Development Category "A" Tax funds for Post-Tropical Storm Isaac Analysis of Collier County Beaches by Atkins North American,Inc. under contract No. 09-5262-CZ for a lump sum amount of$77,327." Second by Mr. Burke. Mr. Pires voted"no." Mr. Pires expressed concern the documents identified the expenditure as "time and material"versus "lump sum amount"and on the methodology utilized to determine the costs involved with the proposed scope of work. 2. Marco South -Verbal Update * Schedule for Renourishment and Erosion Control Structures * Bid for Erosion Control Structure * Bids for Renourishment * FEMA Tropical Storm Debbie * Renourishment Quantities Gary McAlpin reported in relation to the project the bids are due back to the County on December 19, 2012 with the Board of County Commissioners expected to hear the item on February 12, 2013. He noted: • The project is based on a"6 year design"providing for approximately 77CY of sand. • The work is anticipated to begin at the beginning of April and be completed by the beginning of May at the latest. • Four bids were received for the construction of the proposed erosion control structures. • The source of the rock required to fabricate the structures is yet to be identified. • Staff will be submitting formal items to the Committee in January for their review. 3. Major Renourishment-Verbal Update * Recent BCC Direction * Peer Review Renourishment Quantities * Bidding Schedule * Permit Update Gary McAlpin reported that the Board of County Commissioners (BCC)approved the proposed "Peer Review"on December 12, 2012. The Board directed Staff to ascertain bids for the scope of work as both a dredge and truck haul project with the item scheduled for BCC in March or April of 2013. He also noted the Emergency Renourishment project is ongoing with completion expected by December 14— 19,2012. 3 CAC February 14,2013 VI-1 Approval of CAC Minutes 4of7 December 13, 2012 The Committee discussed the status of the City of Naples outfall pipes. 4. Update on December 11,2012 BCC Meeting The following was noted during a verbal update from Mr. McAlpin * 10M- Grant Application from the City of Marco Island/Hideaway Beach District Gary McAlpin provided a memorandum from Commissioner Tom Henning to County Manager Leo Ochs—Re: Reconsideration Hideaway dated November 14, 2012. The BCC voted to reconsider the item. * 10R-Tourist Development Tax Gary McAlpin presented the Executive Summary "Direct the County Attorney to seek a Florida Attorney General Opinion regarding authorized uses of tourist development tax" dated December 13, 2012 for information purposes. The BCC directed County Staff to obtain an Attorney General Opinion regarding authorized uses of sand used in dredging events. * l0X- Clam Pass/Pelican Bay Services Division Gary McAlpin presented the Executive Summary"Recommendation that effective immediately, Clam Pass be considered part of the ongoing management responsibilities of the Pelican Bays Services Division ("PBSD') including but not limited to all monitoring components such as biological, tidal and hydrographic data collection, and inlet dredge permitting/construction; that PBSD, exclusively, shall make recommendations to the Board of County Commissioners as to when the inlet should be dredged, and make such other recommendations related to managing the unified Clam Bay System as it deems necessary; further, that Clam Pass, being an integral part of the Clam Bay System, is managed as such" for information purposes. The BCC approved the request for the Pelican Bay Services Division to assume the management of the Clam Bay System. The Committee requested Staff to review the Ordinance which outlines the powers and duties of the Coastal Advisory Committee to determine if any changes are necessary given this decision. * 10Y-Pelican Bay Municipal Service Taxing and Benefit Unit Gary McAlpin presented the Executive Summary "Request for authorization to advertise an ordinance for future consideration which would amend Ordinance No. 2002-27, as amended, relating to the Pelican Bay Municipal Service Taxing and Benefit" for information purposes. * 10Z-RFP/General Beach Renourishment Construction Project Gary McAlpin presented the Executive Summary "Recommendation that the Board of County Commissioners direct staff to prepare RFPs for the Collier County General Beach Re-nourishment construction project to include pricing for sand in 50,000CY 4 CAC February 14,2013 VI-1 Approval of CAC Minutes 5of7 December 13, 2012 increments over 200,000CY up to 500,000CY,, to include pricing for both truck hauls and dredging, to include pricing for such re-nourishment activities outside of and within turtle nesting season, and to include that the offered prices will be fixed for a period of time at the expiration of which if construction has not commenced that the contract will lapse and be put back out to bid in the future; that staff further prepare an RFP for Fixed Term Coastal Engineering services to expand the number of firms available to provide such services to the county; that these RFPs shall be prepared and publicly advertised during the months of December and January, respectively"for information purposes. * 10AA -FEMA Beach Renourishment Gary McAlpin presented the Executive Summary"Recommendation that the County Attorney be directed to handle all aspects of the FEMA beach re-nourishment reimbursement dental and de-obligation appeals on behalf of Collier County; to direct that staff provide the County Attorney with all requested information, and to assist his office in any manner he deems necessary; further, that the County Attorney assess what civil and/or criminal liability the county may face if the final determination on appeal is that the county materially misrepresented to the federal government(by way of overstatement) what the storm related beach re-nourishment expenses were, and report back to the Board of County Commissioners"for information purposes. The BCC directed any work in relation to the issue be directed through the County Attorney's Office. * 10AC -Turrell Hall & Associates/Clam Bay System Gary McAlpin presented the Executive Summary "Recommendation to direct Turrell, Hall&Associates, Inc. to prepare a work order under Contract #10-5571 to update the existing Clam Bay Management Plan to ensure the preservation of the Clam Bay system and compliance with this preserve's Natural Resource Preservation Area ("NRPA") designation; and, to establish criteria as indicators for evaluation of dredging needs for the purpose of maintaining flushing for the environmental benefit of the Clam Bay system; to present such work order to the PBSD, the TDC, and the BCC at the first January, 2013 meeting of each of these respective boards"for information purposes. * 11E -Peer Review with Atkins North American Gary McAlpin presented the Executive Summary"Recommendation to approve and authorize the expenditure of Tourist Development Category "A"tax funds for a Peer Review of the Collier County Beaches volume design by Atkins North American, Inc under Contract No. 09-5262-CZ for a lump sum amount of$33,365" for information purposes. The BCC approved the Contract. * 16A35 -FEMA Law Associates 5 CAC February 14,2013 VI-1 Approval of CAC Minutes 6 of 7 December 13, 2012 Gary McAlpin presented the Executive Summary "Recommendation to approve and authorize the Chairman to sign a Retention Agreement for legal services with FEMA Law Associates, PLLC pertaining to an appeal concerning the de-obligation of FEMA funds related to Hurricanes Katrina and Wilma with a request to open a Purchase Order in an amount not to exceed$20,000" for information purposes. The BCC approved the request. Speaker Marcia Cravens 5. Wiggins Pass- Update Gary McAlpin reported that the Subcommittee met on December 3,2012 at the Pelican Isle Yacht Club for the purposes of providing an update to Stakeholders. It is anticipated the BCC will hear an item requesting contract approval in February of 2013. 6. FEMA De-Obligation - Update Gary McAlpin reported that the process necessary to file an appeal with the Florida Department of Protection and subsequently FEMA for the de-obligation of funds in relation to Hurricane Wilma is ongoing. 7. Funding Formula for Beach Renourishment * 11C-Reallocation of Current TDC Funding Gary McAlpin presented the Executive Summary"Recommendation to provide direction relative to reallocation of existing Tourist Development Tax distributions to increase destination marketing efforts and the annual accumulation of reserves for major beach renourishment"for information purposes. The BCC postponed consideration of the item. * 11D-FY 12 Carry Forward up to $450,000 Gary McAlpin presented the Executive Summary "Recommendation to approve recognition of additional, uncommitted FY12 Carry Forward up to $450,000 and all necessary budget amendments for additional destination marketing efforts and Tourism Department Staff"for information purposes. IX. Old Business None X. Announcements 2013 CAC Meeting Schedule Gary McAlpin provided a memorandum from Gail Hambright, Accountant dated December 1, 2012 -Subject: 2013 CAC Scheduled meetings for information purposes. Mr. Molly-Resignation Letter 6 CAC February 14,2013 VI-1 Approval of CAC Minutes 7of7 December 13, 2012 Gary McAlpin provided a letter from Randy Moity directed to Councilman Joe Battie which announced Mr. Moity's resignation from the CAC. 11/15/12 Laplaya Letter from Ron Vuv,Vice-President Gary McAlpin provided a copy of a letter from to Commissioner Georgia Hiller dated November 15, 2012—Re: Director Gary McAlpin, Coastal Zone Management. CAC Marco Island - BCC Approval for Coastal Advisory Committee membership The BCC postponed a decision on the item. Speaker Marcia Cravens expressed concern the members of the Committee lack a technical background in Coastal Planning and Engineering or related environmental fields. XI. Committee Member Discussion Committee members noted, in order for a Committee or Board member to make informed decisions on items such as Staff or consultant recommendations,policy directives, budgetary expenditures, etc., it is not inherently necessary to hold an educational degree or have professionally worked in the specific field of expertise related to the item under consideration. The Committee expressed concern on the format of the minutes and authorized Chairman Sorey to contact the County Manager's Office regarding the issue. Speaker Marcia Cravens expressed concern the internet link to the Agenda was"down"the day before the meeting. Staff reported the link was "down"due to technical difficulties and was"up"at approximately 8:00 am the morning of the meeting. XII. Next Meeting Date/Location January 10,2013—Government Center,Administration Bldg. F,3rd Floor There being no further business for the good of the County, the meeting was adjourned by order of the chair at 2:38 P.M. Collier County Coastal Advisory Committee ohn Sorey,III,Chairman These minutes approved by the Board/Committee on 2 i Y /3 as presented or as amended 7