Agenda 11/13/2012 Item #10B11/13/2012 Item 10.13.
BrockMaryJo
From: FialaDonna
Sent: Wednesday, October 24, 2012 12:13 PM
To: OchsLeo
Cc: Anderson, Bruce; Burt Saunders (burt.saunders@gray- robinson.com)
Subject: Reconsideration
Leo,
I am writing to ask you to put the Hideaway Beach item on the next BCC meeting's agenda — Tuesday, Nov. 13`h — for
reconsideration.
Thank you,
Donna Fiala
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0 EXECUTIVE SUMMARY
C
11/13/2012 Item 10.B.
Recommendation to consider an out -of -cycle Tourist Development Council ("TDC") Grant
Application from the City of Marco Island/Hideaway Beach District for Erosion Control
Structures at Hideaway Beach and if approved make a finding that the project is in the
public interest and authorize all necessary budget amendments.
OBJECTIVE: The City of Marco Island and the Hideaway Beach Special Taxing District are
seeking a Tourist Development Council emergency grant of $925,000 for the installation of three
erosion control structures on the east end of Hideaway Beach.
CONSIDERATIONS: The City Manager of Marco Island has requested this item be placed on
the Board's agenda for consideration. The total cost of this project is 52,350,000 with the City of
Marco Island/Hideaway Beach District contributing $1,425,000 for the engineering, permitting
and beach renourishment and the County funding $925,000 for the erosion control structures.
The Board of County Commissioners has previously approved the use of Tourist Development
Tax funds for the installation of erosion control structures on Hideaway Beach. Funds were
approved for a 2005 project and then again for a 2009 project. If approved, this will complete
the installation of erosion control structures on Hideaway Beach.
Hideaway Beach is classified as a critically eroded beach by Florida Department of
Environmental Protection (FDEP). Hideaway Beach does not satisfy FDEP's public access
guidelines for state cost share reimbursement. Collier County has used the state cost share
guidelines in the past to determine project eligibility for TDC funding. This project may
however, meet the criteria of the TDC Category "A" Funding Policy (attached) for installation of
erosion control structures if the Board makes a determination that this project is in the public
interest.
On May 11, 2012, the Coastal Advisory Committee voted 5-4 to recommend denial of this
request and on September 24, 2012, the Tourist Development Council voted 4 -3 to recommend
denial of this request.
FISCAL IMPACT: This project is not funded within the FY2013 budget. Should the Board
decide to appropriate funds, a budget amendment will be necessary moving $925,000 from Fund
(195) Beach Renourishment/Pass Maintenance reserves. Any further reduction of Fund (195)
reserves will reduce the availability of funds for the FY2014 planned renourishment project
based upon the expenditure pro forma presented to the Board on September 25, 2012, Item 11C.
(See Attachment G.)
GROWTH MANAGEMENT IMPACT: Because the project is within the City of Marco
Island there are no County growth management impacts.
LEGAL CONSIDERATION: Tourist development tax funds may be used to fund the erosion
control structures if the Board makes the required finding that funding this project is in the public
interest.
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11/13/2012 Item 10.13.
Section 125.0104, Fla. Stat., provides authorized uses of revenue which include to "finance
beach park facilities or beach improvement, maintenance, renourishment, restoration, and
erosion control, including shoreline protection, enhancement, cleanup, or restoration of inland
lakes and rivers to which there is public access as those uses relate to the physical preservation of
the beach, shoreline, or inland lake or river." § 125.0104(5)(a)4, Fla. Stat.
Collier County Ordinance No. 92 -60, as amended, also provides the authority to fiord erosion
control with Category "A" funding.
The Tourist Development Category "A" Funding Policy (approved 11101105) provides a policy
for the legal use of Category "A" Funding. Both eligible and ineligible beach areas are
considered.
Section Four defines eligible beaches as those accessible to the public and not more than one half
mile from a beach park facility.
Section Five provides a standard for funding ineligible beach areas. Section 5(b) provides that
"an area of ineligible beach that is subject to high erosion, with the recommendation of the CAC
and determination by the BCC as being in the public interest, may have erosion control structures
installed with Category "A" funding."
This item is legally sufficient and requires a majority vote for Board action. — CMG
RECOMMENDATION: That the Board of County Commissioners consider an out -of -cycle
Tourist Development . Council ( "TDC ") Grant Application from the City of 'Marco
Island/Hideaway Beach. District for Erosion- Control Structures at Hideaway, Beach and if
approved make a - finding that the project is in the public interest and authorize. all necessary
budget amendments.
PREPARED BY: Gary McAlpin, Natural Resources Department, Growth Management
Division.
Attachments:
a) City of Marco Island Cover Letter
b) Marco Island/Hideaway Beach District TDC Grant application
c) City of Marco Island Resolution 12 -15
d) TDC Funding Policy
e) Marco Island City Manager e-mail
f) Hideaway Beach Erosion Control Memorandum
g) Fund 195 pro forma
is
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11/13/2012 Item 10.13.
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.13.
Item Summary: Request for reconsideration by Commissioner Fiala of Item 11C from the
October 23, 2012 BCC Meeting titled: Recommendation to consider an out -of -cycle Tourist
Development Council ( "TDC ") Grant Application from the City of Marco Island /Hideaway Beach
District for Erosion Control Structures at Hideaway Beach and if approved make a finding that
the project is in the public interest and authorize all necessary budget amendments. Estimated
fiscal impact: $925,000.
Meeting Date: 11/13/2012
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, CMO
10/25/2012 8:56:46 AM
Submitted by
Title: Executive Secretary to County Manager, CMO
Name: BrockMaryJo
10/25/2012 8:56:47 AM
Approved By
Name: OchsLeo
Title: County Manager
Date: 11/4/2012 3:13:04 PM
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