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CAC Minutes 02/14/2013 2013 Coastal Advisory Committee Minutes February 14 , 2013 February 14, 2013 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE D Naples, Florida, February 14, 2013 APR 1 2013 By:- .................... 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 ", 3 r Floor, Collier County Government Complex Naples, Florida with the following members present: District 1 District 2 District 3 District 4 Distdct 5 CHAIRMAN: John Sorey, III VICE CHAIRMAN: Jim Burke (Excused) Anthony Pires Linda Penniman Robert Raymond Joseph A. Moreland Victor Rios Larry Hong (Vacancy) ALSO PRESENT: Gary McAlpin, Manager, Coastal Zone Management Heidi Ashton- Cicko, Assistant County Attorney Gail Hambright, Accountant Misc. Corres: Dr. Michael Bauer, City of Naples Date: item #: 1 Copies to: February 14, 2013 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. Larry Hong was welcomed as a new member of the Coastal Advisory Committee. IV. Changes and Approval of Agenda Gary McAlpin, Director, Coastal Zone Management reported: • An updated Executive Summary has been provided for item VIIIA • Item VIIL9,10 serve as backup to item VIII.6 • VIII 8 — Resolution still under review by the County Attorney's Office Mr. Rios moved to approve the Agenda. Second by Mr. Moreland. Carried unanimously 7 — 0. V. Public Comments Mr. Moreland reported there will be an Estuary Conservation Association Event at 6:30pm, February 11, 2013 at the Pelican Isle Yacht Club, Topic - "Ocean Forum" VI. Approval of CAC Minutes 1. December 13, 2012 Mr. Rios moved to approve the Agenda subject to the following change: • Page 6, item 6, line 2 to "Department of Protection and subsequently FEMA for the de- obligation..." to "Department of Environmental Protection and subsequently FEMA, appealing the de- obligation..." Second by Mr. Pires. 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 January 31, 2013. VIII. New Business 1. Doctors Pass Physical Monitoring Services * Backup Material Gary McAlpin presented the Executive Summary "Recommendation to approve a Work Order for the physical monitoring of Doctors Pass by Atkins North American, Inc. under Contract No. 09- 5262 -CZ for a lump sum amount of $22,012 and authorize the County 0 February 14, 2013 Manager or his designee to execute the Work Order" dated February 14, 2013 for consideration. He reported: • Given the recent activity of Tropical Storm Debbie and Isaac, the Pass has experienced shoaling at an accelerated rate. • This shoaling has now made it necessary to monitor the Pass to determine if any remedial action is necessary. • The scope of work is to be funded using TDT revenues. • The item is scheduled to be heard by the Tourist Development Council on 2/25/13 and the BCC on 2/26/13. • The work is anticipated to be completed by May 1, 2013 at which time the determination will be made on the remedial measures necessary. • Any proposed dredging will be completed in approximately 4 — 6 months after the monitoring has been completed, and can be executed during turtle nesting season, if necessary. Mr. Pires expressed concern the format of the proposal is a "lump sum" contract, as opposed to "time and materials" possibly creating an environment whereby the County expends more funds than necessary to complete the endeavor. Mr. McAlpin reported Staff is confident on the costs required to complete the scope of work based on previous experience with issues related to the Pass. Mr. Rios moved to recommend the Board of County Commissioners approve a Work Order for the physical monitoring of Doctors Pass by Atkins North American, Inc. under Contract No. 09- 5262 -CZ for a lump sum amount of $22,012 Second by Ms. Penniman Motion carried 6 "yes"— I "no." Mr. Pires voted "no." 2. Post - Tropical Storm Isaac Analysis of Collier County Beaches * Backup Material Gary McAlpin presented the Executive Summary "Recommendation to approve a Work Order to Atkins North America, Inc. to conduct Post - Tropical Storm Isaac physical beach monitoring of Collier County main beaches under Contract No. 09- 5262 -CZ for a lump sum amount of $59,800 and authorize the County Manager or his designee to execute the Work Order" dated February 14, 2013 for consideration. He reported the work will be used to determine if any funds are potentially available for re- imbursement from FEMA for beach renourishment due to damage caused by Tropical Storm Isaac. Mr. Rios questioned why the Marco Island beaches are not included in the study? Mr. McAlpin reported there is not enough time to include the South Marco Island beaches in the study, given the proposed renourishment schedule. The North Marco Island beaches do not meet the designation as "critically eroded." which is required for funding eligibility. Mr. Rios moved to recommend the Board of County Commissioners approve a Work Order for Atkins North America, Inc. to conduct Post - Tropical Storm Isaac physical beach monitoring of Collier County main beaches under Contract No. 09- 5262 -CZfor a lump sum amount of $59,800.00. Second by Mr. Raymond. Motion carried 6 "yes" — I "no." Mr. Pires voted "no." 3 February 14, 2013 3. South Marco Beach Erosion Control Structures Project * Backup Material * Backup Material - Bid No. 13 -6011 Gary McAlpin presented the Executive Summary "Recommendation to award Bid No. 13- 6011 to Florida Marine Construction, Inc, in the amount of $728, 578 for the construction of the South Marco Beach Erosion Control Structures Project No. 80211 " dated February 14, 2013 for consideration. He reported • The proposal is for the construction of 5 erosion control structures at Marco Island South Beach. • On 6/26/12, the BCC approved the design and authorized Staff to obtain the necessary permits to complete the project. • The item will be heard by the TDC on 2/25/13 and the BCC on 2/26/13. • It is anticipated the work required to re- nourish the beach area will begin on 4/1/3 with completion slated for 5/1/13. • Upon completion of the renourishment, the erosion control structures will be constructed. • The rock source required for construction of the structures has been certified as required. Mr. Rios expressed concern on the low amount of the bid and wants to ensure the contractor is qualified to complete the work. Mr. McAlpin reported Staff has employed "due diligence" in reviewing the proposal and the vendor has been deemed qualified to complete the work. Mr. Rios moved to recommend the Board of County Commissioners award Bid No. 13- 6011 to Florida Marine Construction, Inc, in the amount of $728,578.00 for the construction of the South Marco Beach Erosion Control Structures Project No. 80211. " Second by Mr. Moreland. Carried unanimously 7 — 0. 4. South Marco Beach Sand Renourishment Project * Backup Material * Backup Material - Bid No. 13 -6009 Gary McAlpin presented the Executive Summary "Recommendation to award Bid No. 13- 6009 to Cavache, Inc, in the amount of $630,185 for the South Marco Beach Sand Renourishment Project No. 80211 " dated February 14, 2013 for consideration. He reported the proposed scope of work incorporates a "6 year design" and has been approved by the City of Marco Island and Board of County Commissioners. The vendor has been deemed "qualified" by the US Army Corp of Engineers. Mr. Rios moved to recommend the Board of County Commissioners award Bid No. 13- 6009 to Cavache, Inc, in the amount of $630,185.00 for the South Marco Beach Sand Renourishment Project No. 80211. Second by Mr. Raymond. Carried unanimously 7 — 0. M February 14, 2013 5. Peer Review for the CPE Volume Design for the 2013/14 Beach Renourishment Project * Backup Material Mr. McAlpin the document "Collier County Peer Review of Beach Renourishment Design, Prepared by Atkins, " dated February 2013 for review. He reported: • The purpose of the report was to review the design methodology used for the proposed major beach renourishment project for the Collier County beaches. • The proposal is to re- nourish for a 6 year time frame whereby the beach width after this period of time will be approximately 85 — 100 feet depending on the location. • Some areas that are not included in the renourishment template ( "gaps "), as it is deemed unnecessary at this time. • Approximately 419K cubic yards of sand will be placed on the beaches. • The conclusion is the methodology and related design is appropriate. Mr. Sorey moved to approve the study and endorse the methodology utilized to develop the design parameters for the 2013114 Beach Renourishment Project and forward the project to the Tourist Development Council for their review. Second by Mr. Rios. Motion carried 6 "yes" — I "no. " Mr. Pires voted "no" Mr. Pires reported there was not enough made available to review the item. 6. Award of Bid for Wiggins Pass * Backup Material - Bid No. 13 -6039 Gary McAlpin presented the Executive Summary "Recommendation to award Bid No. 13 -6039 to Orion Marine Construction, Inc. in the amount of $1, 754, 884.72 for the Wiggins Pass Channel Straightening Project" dated February 14, 2013 for consideration. He reported: • All permits necessary to complete the project have been received. • A Peer Review was completed to study the proposed design of the project and related methodology used for developing the plan. • The review identified minor concerns, but determined the project should be implemented and monitored for performance. Board discussion occurred noting there was only one bid received for the proposed project. Mr. McAlpin reported the bid amount was within the original budget estimates developed for the project. He noted: • Many parties requested the "bid package," however were concerned the project is technically challenging given the 60 day completion requirement, leaving "little room for error." • Recent storm events on the east coast have increased demand for this type of work. • Some parties expressed concern on the "timing sequence" required to complete the proj ect. Mr. Moreland moved to recommend the Board of County Commissioners award Bid No. 13 -6039 to Orion Marine Construction, Inc. in the amount of $1,754,884.72 for the February 14, 2013 Wiggins Pass Channel Straightening Project. " Second by Mr. Raymond. Motion carried 6 "yes" —1 "no." Ms. Penniman voted "no." 7. Hideaway Beach Erosion Control Structure * Backup Material Gary McAlpin presented the Executive Summary "Recommendation to approve $350, 000 in eligible costs for the FYI Hideaway Beach erosion control structure project based on the January 16, 2013 Proportionality Analysis conducted by Coastal Engineering Consultants and reviewed by Collier County staff, make a finding that this item promotes tourism and approve necessary budget amendments " dated February 14, 2013 for consideration. Mr. Pires reported he has a conflict of interest and will be filing the forms as required for abstention. Mr. McAlpin reported: • The proposal is for the County to participate in funding erosion control structures at Hideaway Beach. The amount of funding is based on a "proportionality analysis" completed by Coastal Engineering Consultants whereby a dollar amount of benefit has been assigned to the project with various parties contributing. The County's share, payable using TDT funds is proposed at $350,000. Board discussion occurred on whether the beach qualifies as a public beach by definition and qualifies for use of TDT revenues on the project. Ms. Penniman expressed concern the expenditure is not appropriate given it is a "private beach" and the proposal lacks a true "public benefit" for beachgoers. Mr. Hong noted, the beach is used by the boating community and accessible at times, from Tigertail Beach by foot. Additionally, sand has historically migrated from the beach into Collier Creek making it necessary to expend TDC funds to dredge the channel. Mr. Rios moved to recommend the Board of County Commissioners approve $350,000 in eligible costs for the FY13 Hideaway Beach erosion control structure project based on the January 16, 2013 Proportionality Analysis conducted by Coastal Engineering Consultants and reviewed by Collier County staff and the Committee and hereby makes a finding that this item promotes tourism and recommend approval of any necessary budget amendments. " Second by Mr. Moreland. Motion carried S "yes" — I "no. " Ms. Penniman voted "no." Mr. Pires abstained. 8. Temporary Beach Restoration Easement Resolution (TBRE) * Backup Material Gary McAlpin presented the Executive Summary "Recommendation to approve the development and execution of Temporary Beach Restoration Easements (TBRE) with beachfront property owners for the FY13 114 Vanderbilt, Park Shore and Naples beach February 14, 2013 renourishment program and reaffirm the existing Board of County Commissioners' policy that no renourishment will occur landward of the Erosion Control Line (ECL) on private property without an executed Temporary Beach Restoration Easement (TBRE) and authorize the Chairwoman to execute Resolution for TBRE" dated February 14, 2013 for consideration. Mr. Rios moved to recommend the Board of County approve the development and execution of Temporary Beach Restoration Easements (TBRE) with beachfront property owners for the FY13 114 Vanderbilt, Park Shore and Naples beach renourishment program and reaffirm their existing policy that no renourishment will occur landward of the Erosion Control Line (ECL) on private property without an executed Temporary Beach Restoration Easement (TBRE). Second by Mr. Raymond. Carried unanimously 7-0. 9. Wiggins Pass Peer Review Gary McAlpin presented the document "Peer Review of Proposed Dredge Improvements at Wiggins Pass, Florida - Prepared by Kevin Bodge, Ph.D., P.E. and Steven Howard, P.E. of Olsen Associates, Inc. dated 14 December 2012 for information purposes. 10. Wiggins Pass Peer Review Comments by CP &E Gary McAlpin provided the document "Response by Stephen Keehn, P.E. Coastal Planning & Engineering Inc. to Peer Review of Proposed Dredge Improvements at Wiggins Pass, Florida "- Prepared by Kevin Bodge, Ph. D., P. E. and Steven Howard, P. E. of Olsen Associates, Inc. dated 14 December 2012 " for information purposes. IX. Old Business None X. Announcements None XI. Committee Member Discussion Ms. Penniman reported her "no" vote on item VIII.6 — Wiggins Pass was predicated on a concern only 1 bid was received and questioned if it would have been prudent for the County to solicit an additional bid. Chairman Sorey reported County policy prohibits the County from independently soliciting alternate bids on a project once the requirements for submitting bid proposal's have been met by the interested parties. XII. Next Meeting Date/Location March 14, 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 2:43 P.M. 7 February 14, 2013 Collier County Coastal Advisory Committee ,John Sorey, III, Chaim These minutes approved by the Board /Committee on as presented __V,-- or as amended 8 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAM"1 E- MIDDLE NAME NAME OF BOARD COUNCIL, COMMISSION, AUTHORITY, OR jM YOR MAILIN D ESS ^"� THE BOARD, COUNCIL, COMMISSION, AUTHORITY COMMITTEE ON WHICH I SERVE IS A UNIT OF: CITY OUNTY []OTHER LOCAL AGENCY [:]CITY CITY C NTY NAME F POLITICAL 1 SUBDIVI `•GYM/! (P /O�SITILOIN DATE ON WHICH VOTE OCCURRED V O3 MY IS/ ❑ ELECTIVE APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST = I, N' ' f� �1— /� _, hereby disclose that on 20 _4:K� (a) A measure came or will come before my agency which (check one) ❑ inured to my special private gain or loss; inured to the special gain or loss of my business associate, _ _inured to the special gain or loss of my relative, v- inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: ` W// -� go- Date Filed e NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2