Agenda 06/11/2013 Item #16A 9 Proposed Agenda Changes
Board of County Commissioners Meeting
June 11, 2013
Add-On Item 10F: Discussion of correspondence between North Naples Fire Control and
Rescue District,East Naples Fire Control and Rescue District and Golden Gate Fire Control and
Rescue District regarding potential merger opportunities. (Commissioner Hiller)
Withdraw Item 16A9: Recommendation to approve the development and execution of Temporary
Beach Restoration Easements (TBRE)with beachfront property owners for the FY13/14
Vanderbilt,Park Shore and Naples beach 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), authorize the Chairwoman to execute Resolution for TBRE,and make a finding
that this Project and expenditure promotes tourism. (Staffs request)
Continue Item 16G1 to the June 25,2013 BCC Meeting: Recommendation to approve the
attached Standard Form Lease Agreement between Southern Illinois Custom Aerial,LLC and the
Collier County Airport Authority for improved property at the Immokalee Regional Airport.
(Airport Authority Staff Request)
Time Certain Items:
Item 14A1 to be heard at 10:30 a.m.,followed by Items 14A2, 14A3, 14A4 and 14A5
6/11/2013 8:47 AM
6/11/2013 16.A.9.
EXECUTIVE SUMMARY
Recommendation to approve the development and execution of Temporary Beach
Restoration Easements (TBRE) with beachfront property owners for the FY13 /14
Vanderbilt, Park Shore and Naples beach 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), authorize the Chairwoman to execute
Resolution for TBRE, and make a finding that this Project and expenditure promotes
tourism.
OBJECTIVE: Approve the development and execution of the TBRE's to allow construction
access for the FY 13/14 publically funded major beach renourishment, vegetation planting and
dune restoration of the Vanderbilt, Park Shore and Naples beaches. Reaffirm the existing Board
of County Commissioner's policy that no renourishment will occur landward of the Erosion
Control Line (ECL) on private property without an executed TBRE.
CONSIDERATIONS: Approximately 20 parcels are required to have TBRE's obtained for the
upcoming beach renourishment project. This activity will require Collier County's Real
Property Management in conjunction with the County Attorney to research, develop, execute and
record TBRE's with beachfront property owners for construction access required for the next
planned beach renourishment. In addition to beach renourishment, vegetation plantings and dune
restoration are expected at various locations throughout the beaches. This activity will require
approximately 200 hours and cost approximately $13,000 for the Real Property Management
staff to complete this effort.
Consistent with the Board of County Commissioners' prior policy regarding TBRE's, if a
property owner refuses to execute the TBRE, no renourishment, plantings or dune restoration
will occur on the private property portion of the beach landward of the Erosion Control Line.
Renourishment will however, occur on the public beach seaward of the Erosion Control Line
forming a temporary depression immediately fronting the property of the private beach.
FISCAL IMPACT: The Source of funds is from Category "A" Tourist Development Taxes,
Project 80096. It is anticipated that the cost to execute the TBRE for the Vanderbilt, Park Shore,
and Naples beaches will be $13,000.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan
related to this action.
ADVISORY COMMITTEE RECOMMENDATIONS: At the February 14, 2013 Coastal
Advisory Committee (CAC) meeting, this item was unanimously recommended for approval by
a 7 to 0 vote.
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6/11/2013 16.A.9.
At the February 25, 2013 Tourist Development Council (TDC) meeting, this item was
unanimously recommended for approval by an 8 to 0 vote.
LEGAL CONSIDERATIONS: This item has been reviewed as to form and legality and
requires majority vote for approval. — CMG
RECOMMENDATION: Recommendation to approve the development and execution of
Temporary Beach Restoration Easements (TBRE) with beachfront property owners for the
FY13 /14 Vanderbilt, Park Shore and Naples beach renourishment program and reaffirm the
existing Board of County Commissioner's County policy that no renourishment will occur
landward of the Erosion Control Line (ECL) on private property without an executed TBRE,
authorize the Chairwoman to execute Resolution for TBRE, and make a finding that this Project
and expenditure promotes tourism.
Prepared by: Gary McAlpin, P.E., Coastal Zone Management, Natural Resources Department
Attachments: A) Resolution
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6/11/2013 16.A.9.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.9.
Item Summary: Recommendation to approve the development and execution of
Temporary Beach Restoration Easements (TBRE) with beachfront property owners for the
FY13/14 Vanderbilt, Park Shore and Naples beach 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), authorize the Chairwoman to execute Resolution for TBRE, and
make a finding that this Project and expenditure promotes tourism.
Meeting Date: 6/11/2013
Prepared By
Name: HambrightGail
Title: Accountant,Coastal Zone Management
5/20/2013 4:39:26 PM
Approved By
Name: McAlpinGary
Title: Director - Coastal Management Program s,Coastal Zon
Date: 5/20/2013 4:47:13 PM
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 5/21/2013 4:20:37 PM
Name: LorenzWilliam
Title: Director - CDES Engineering Services,Comprehensive
Date: 5/29/2013 12:37:55 PM
Name: MarcellaJeanne
Title: Executive SecretaryTransportation Planning
Date: 5/30/2013 7:30:23 AM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
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Date: 6/3/2013 3:29:05 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/3/2013 3:47:22 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 6/4/2013 9:18:44 AM
Name: OchsLeo
Title: County Manager
Date: 6/4/2013 9:53:37 AM
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6/11/2013 16.A.9.
6/11/2013 16.A.9.
RESOLUTION NO. 2013-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AUTHORIZING THE ACQUISITION OF "TEMPORARY BEACH RESTORATION
EASEMENTS" BY GIFT IN SUPPORT OF THE IMPROVEMENTS NECESSARY FOR THE
COMPLETION OF THE COLLIER COUNTY BEACH RESTORATION PROJECT AND THE
ASSOCIATED MANAGEMENT PLAN, PROJECT NUMBER 80096.
WHEREAS, the Board of County Commissioners approved a Professional Engineering
Services Agreement with Coastal Planning and Engineering, Inc. to provide professional engineering
services necessary for the completion of the Collier County Beach Restoration and Management Plan;
and
WHEREAS, the criteria for design and construction of the Collier County Beach Restoration
and Management Plan provides for compliance with provisions in the Coastal Zone Element of the
Growth Management Plan; and
WHEREAS, the beach renourishment improvements shall affect the majority of the Gulf
shoreline commencing at Vanderbilt Beach located in Section 29, Township 48 South, Range 25 East,
and proceed south along the Gulf -front beach of The City of Naples; and
WHEREAS, the restoration project will be extending the width of the upland beach area, by
collecting clean beach sand from either inland or offshore areas and placing it along the shoreline; and
WHEREAS, the majority of the Project's construction will occur on land owned by the State of
Florida (seaward of the mean high water line or the erosion control line); however, the land located
landward of the mean high water line or erosion control line is owned by individual beachfront
property owners; and
WHEREAS, in order to ensure placement of sand landward of the mean high water line or
erosion control line, the Board of County Commissioners requires the conveyance from the individual
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beachfront property owners of "Temporary Beach Restoration Easements" to cover only the areas
which are seaward of existing seawalls, revetments or beach vegetation line to allow the County's
contractor to place sand on the area between the mean high water line or erosion control line and the
seawalls, revetments or vegetation lines; and
WHEREAS, the Board of County Commissioners recognizes that the expeditious acquisition
of the required "Temporary Beach Restoration Easements," is of importance in order to utilize the
easement areas for enlarging and maintaining the beach and shoreline by filling with compatible sand,
planting and maintaining native dune vegetation, as well as providing additional erosion and storm
surge protection for the beachfront residences, condominiums and hotels; and
WHEREAS, the Board of County Commissioners recognizes the mutual beneficial results of a
renourished beach and anticipates the construction to begin in the Fall of 2013; however, in the event
that a beachfront property owner does not timely donate the required "Temporary Beach Restoration
Easement," there will be no placement of sand on privately -owned properties which have not been
donated to Collier County for the Collier County Beach Restoration Project; and
WHEREAS, the Board of County Commissioners authorizes the utilization of County -owned
and /or maintained beach access points to afford ingress and egress of equipment and supplies
necessary for the construction and maintenance of the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that:
1, The beach restoration and maintenance improvements, include, but are not limited to, the
enlargement and maintenance of the beach and shoreline by filling with compatible sand,
the planting and maintenance of native vegetation, the storage and removal of equipment
and supplies, and the erection and removal of temporary structures necessary and incident
s
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6/11/2013 16.A.9.
to the construction of the Project, located along the Gulf -front beaches between Vanderbilt
Beach and Naples Beach.
2, The Board of County Commissioners recognizes the importance of the land rights
acquisition function and its relationship to the overall project schedule; and the Board
desires Staff to facilitate and expedite the land rights acquisition process.
3. Staff is hereby authorized to acquire "Temporary Beach Restoration Easements" from the
affected property owners by gift only.
4. The Board of County Commissioners hereby authorizes its present Chairman and any
subsequent Chairman, for the life of the project, to execute any instruments, which have
been approved by the Office of the County Attorney, for any purpose as required for the
acquisition of the easements or any other documents necessary for the completion of the
Project.
5. All title to "Temporary Beach Restoration Easements" obtained in the manner described
above shall be deemed "accepted" by the Board of County Commissioners, the governing
body of Collier County, Florida, a political subdivision of the State of Florida, and staff is
hereby authorized to record in the Public Records of Collier County, Florida, said
"Temporary Beach Restoration Easements" and such other instruments as may be required
for the acquisition of the easements and to perform any other work necessary and incident
to the construction of the Collier County Beach Restoration Project.
6. The Board of County Commissioners hereby authorizes the utilization of County -owned
and/or maintained beach access points to afford ingress and egress of equipment and
supplies necessary to the construction and the maintenance of the Project.
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7. The Board of County Commissioners directs Staff not to place sand on privately - owned
properties in the event the property owner(s) do not donate in a timely manner, the
"Temporary Beach Restoration Easements" to Collier County necessary for the completion
of the Collier County Beach Restoration Project.
This Resolution adopted on this
second and majority vote.
ATTEST:
DWIGHT E. BROCK, CLERK
Approved as to form and
legal sufficiency:
olleen M. Greene
Assistant County Attorney
day of
2013, after motion,
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA,
By:
GEORGIA A. HILLER, ESQ., CHAIRWOMAN
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