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Agenda 11/13/2012 Item #11K11/13/2012 Item 11.K. EXECUTIVE SUMMARY Recommendation to review and approve the documents that outline the history, timing, prior guidance and approvals received for: The beach renourishment program; The Local Government Funding Request (LGFR) grant applications; and the Federal Emergency Management Agency (FEMA) appeal process. OBJECTIVE: To review the history, timing, prior guidance and approvals related to: 1. The timing and scope of the next major beach renourishment for Collier County (Attachment 1). 2. The LGFR recent submittal for cost share funding to Florida Department of Environmental Protection (FDEP) (Attachment 2). 3. The FEMA appeal process for TS Gabrielle and Hurricanes Katrina and Wilma (Attachments 3 & 4). CONSIDERATIONS: At the September 25, 2012 BCC meeting, several Commissioners expressed concerns regarding the management and timing of the next major beach renourishment. The discussion questioned whether staff worked in a timely manner in pursuing the renourishment of our public beaches. The document attached shows that staff began planning in 2009 and received guidance in 2010 and early 2011 for a long range extended renourishment program. Subsequently, they pursued permits for the extended program until funding and guidance changed. At the October 9, 2012 BCC meeting, public comments were received regarding the LGFR recently submitted to FDEP. Subsequently, staff was requested to respond directly to Mr. Krasowski's email to Alex Reed of FDEP. At the same meeting, concerns were voiced regarding the history and timing of the FEMA appeals for TS Gabrielle and Hurricanes Katrina and Wilma. The attached documents answer Mr. Krasowski's questions and provide a history on the FEMA approval and appeal process. FISCAL IMPACT: There is no Fiscal Impact related to this action. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. ADVISORY COMMITTEE RECOMMENDATIONS: This document has not been reviewed by any of the Board's advisory committees. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office and does not present any legal issues. This item requires majority vote for approval. — CMG RECOMMENDATION: To approve that the discussion documents that outline the history, timing and approvals received for the beach renourishment program are accurate and consistent with prior Board direction and; accept the responses regarding the LGFR application and; accept Packet Page -985- 11/13/2012 Item 11.K. the FEMA appeal history and reaffirm direction to continue our appeals for all lawfully entitled reimbursements. PREPARED BY: J. Gary McAlpin, P.E., Coastal Zone Management, Natural Resources Department ATTACHMENTS: Attachment No. 1 Renourishment Planning Document Attachment No. 2 LGFR discussion Attachment No. 3 FEMA worksheet Attachment No. 4 Summary of FEMA Activity Packet Page -986- 11/13/2012 Item 11.K. COLLIER COUNTY Board of County Commissioners Item Number: 11.K. Item Summary: Recommendation to review and approve the documents that outline the history, timing, prior guidance and approvals received for: The beach renourishment program; The Local Government Funding Request (LGFR) grant applications; and the Federal Emergency Management Agency (FEMA) appeal process. (Gary McAlpin, Natural Resources Department, Growth Management Division) Meeting Date: 11/13/2012 Prepared By Name: HambrightGail Title: Accountant,Coastal Zone Management 10/31/2012 4:34:57 PM Submitted by Title: Accountant,Coastal Zone Management Name: HambrightGail 10/31/2012 4:34:59 PM Approved By Name: McAlpinGary Title: Director - Coastal Management Programs,Coastal Zon Date: 10/31/2012 5:08:31 PM Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 11/1/2012 1:56:33 PM Name: GreeneColleen Title: Assistant County Attorney,County Attorney Date: 11/1/2012 3:08:14 PM Name: Marcella.Teanne Title: Executive Secretary,Transportation Planning Packet Page -987- Date: 11/6/2012 6:18:36 PM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 11/6/2012 6:35:07 PM Name: KlatzkowJeff Title: County Attorney Date: 11/6/2012 6:41:15 PM Name: OchsLeo Title: County Manager Date: 11/6/2012 6:52:13 PM Packet Page -988- 11/13/2012 Item 11.K. 11/13/2012 Item 11.K. Attachment No. 1 October 9, 2012 Analysis of BCC comments regarding the management of the beach renourishment timing and scope for the next maior renourishment of the Vanderbilt, Park Shore and Naples beaches. At the September 25, 2012 BCC meeting, it was discussed that staff was behind schedule managing the upcoming beach renourishment. Specifically, it was stated that the 2005/06 renourishment was a six year design and renourishment should have occurred in 2012 with planning preceding this date. The history and chronology of this activity was researched. In summary, funds were budgeted in 2009; planning for the next renourishment began in 2010; direction was changed in early 2011 and again in 2012. Below is the detailed chronology of this activity that reflects the timing and directions staff received from the Board of County Commissioners, the Coastal Advisory Committee and the Tourist Development Council for the upcoming beach renourishment planned for FY 13/14. 1. The last renourishment was completed in May 2006. It was a six year design life project. The cost for the entire project including the renourishment, engineering, permitting, sand search, monitoring and mitigation reef was close to $25M. The sand placement, engineering, permitting and monitoring that would all be required for the next renourishment was estimated at over $20M. Although this was a six year design project, funds were accrued on a ten year schedule and set aside at $2M per year. At the end of the six year interval in 2012, approximately $12M in renourishment funding had been set aside. This was believed to be insufficient to construct the next beach renourishment. 2. TS Fay damaged Collier County beaches on 11/19/2008 and a federal disaster was declared. Collier County had a Project Worksheet (PW) approved for the Vanderbilt, Park Shore and Naples beaches and an additional PW approved for the Marco Island beach. Both these PW's were to mitigate damages caused by this storm. 3. On May 26, 2009, the BCC approved a budget request for $150,000 to re- evaluate and re- permit its beaches providing a more robust beach fill section for hot spots and /or other beach sections. The exact intent /wording that was approved was: a. "With TS Fay FEMA approval, Collier County has the opportunity to re- evaluate its beaches and re- permit a more robust beach fill section for hot spots and /or other beach sections. This funds that activity." 4. Beach renourishment planning began in the summer /fall of 2010, four years after the 2005/06 renourishment. A proposal to develop a conceptual design and various options was developed in the fall of 2010 and approved by the CAC on 10/14/2010 and the TDC on 11/22/2010. This proposal focused on the following items: a. The evaluation of conceptual structures and beach fill design modifications on three coastal segments along the Collier County coast. Page 1 of 3 Packet Page -989- 11/13/2012 Item 11.K. Attachment No. 1 b. The study is to evaluate the effectiveness of existing structures and beach fill design templates, and identify changes needed to solve hot spots and improve project performance and durability. With the existing nourishment plan, some structures may no longer be needed. c. The services include a sediment budget, conceptual design, cost estimate and modeling of coastal structure modifications. d. The hourly not to exceed cost for these services was $147,602. 5. On 2/9/2011 Naples City Council and the Collier County Board of County Commissioners directed that: a. "Staffs work together to draft up proposed changes in regulations with solutions that are more long term." Staff met with Governor Scott, FDEP Secretary Vinyard and FDEP Deputy Secretary Littlejohn which ultimately resulted in a 2012 Florida House bill which streamlined permitting activities for new and repeat renourishment projects. b. Staff also investigated options that maximized the time between major beach renourishment projects by focusing on "solutions that are more Long term." c. This direction refocused efforts on much more comprehensive and complete solutions which resulted in a 10 -year design recommendation. 6. The Conceptual Design update report was presented to the CAC on 3/10/2011. The CAC approved progress to date. 7. The draft Conceptual Design report was presented and approved by the CAC on 5/12/2011. a. This study developed conceptual designs that addressed the effectiveness of existing structures and beach fill templates and changes needed to solve hot spots and improve project performance and durability. b. It consisted of three phases (conceptual design /cost; numerical modeling of the coast; and numerical modeling to evaluate structural and non - structural solutions). It also presented four options, the last being a higher and wider beach with a 10 -year design life. 8. The RFP solicitation specifications were presented and approved by the CAC on 9/8/11 for Engineering Consultants for the next major beach renourishment. 9. The final Conceptual Design report was approved by the CAC on October 13, 2011 and the TDC on 2/27/2012. 10. A recommendation to approve a shortlist of firms for Beach renourishment Engineering Services was ratified by the CAC on 1/12/2012 and the TDC on 1/23/2012. Page 2 of 3 Packet Page -990- 11/13/2012 Item 11.K. Attachment No. 1 11. The Coastal Planning and Engineering draft contract was presented and approved by the CAC on 5/11/12 and the TDC on 5/29/12. This contract was for the permitting of a 10 -year project design. Related to the discussion of beach renourishment planning, the beaches were not renourished immediately after TS Fay for the following reasons: 1. TS Fay occurred less than 3 years after the 2005/06 renourishment. The beaches were healthy and although they did receive 175,000 CY of sand loss attributable to TS Fay, they were not in need of immediate renourishment. 2. Renourishing in less than three years after the last major beach renourishment would not be effective because 175,000 CY's would be placed throughout the 8.5 miles of shoreline of the Vanderbilt, Park Shore and Naples beaches. Individual beach volumes and quantities would not have a significant impact. 3. Delaying renourishment and combining it with a "planned renourishment program" would provide a more technically and financially effective project /solution and minimize the impact to the public. Page 3 of 3 Packet Page -991- 11 /13/2012 Item 11. K. Attachment No. 2 October 29, 2012 Collier County Local Government Beach Funding Assistance Request discussion During the Public Comments portion of the October 9, 2012 BCC meeting, Mr. Bob Krasowski voiced several issues with respect to the recently completed Local Government Funding Request (LGFR) to Florida Department of Environmental Protection (FDEP). Additionally, Commissioner Hiller has requested that staff address Mr. Krasowski's email to Alex Reed of Florida Department of Environmental Protection (FDEP) dated October 16, 2012. This memo addresses these issues, as well as Commissioner Hiller's additional comments to Mr. Ochs. �. Addressing Mr. Krasowski comment on timing, transparency and accuracy- f=rom: Bob Krasowski To: Ms. Alex I ecd. Ms. Reed, l fe l compelled to share my aforenientioned comments and concerns re<_Yardin4 the. C-- ollier County Application for State Beach l undlm -1 Assistance. 1 silecialiv in light of the fact that those X - �I submitted the application, to you, have not modified/updated the inforination it contains since its first submittal. lvly comments refer to two separate but interconnected arcas: t trst, The transparency associated with the application subrnission process. Second, The timeliness and accuracy of the Sept i Sth sLibmlttal information as, It relates to the more recently stated positions of the Collier County Board of Cornmissioners (CCBC). Chronoio�-,icaliy°, Neither The Collier County Commissioners nor the PLiblic had seen the SUbMitted application before it was delivered to YOU on `~ept.1 e '12. Neither had a clear u.iderstandin , of the details rC «arding Federal and State fund allotinent r,eciuests. suggested point Inter local a4greerner-its, sand volumes and application locations as ,��ell as oth r isspaes. Staff comments: Collier County has been submitting LGFR's to FDEP for the past 8 to 10 years without incident. It is a routine part of staffs functions and is intended to identify upcoming projects for cost share consideration by FDEP. The procedure that has always been used in the past is that staff submits the LGFR to FDEP, have the BCC approve a supporting resolution and when funds are ready to be awarded and a contract prepared by FDEP, have the BCC ratify the contract between the County and FDEP. In the past, FDEP has cost share funded approximately 30% of our project costs and up until lately, all projects were routinely funded. Recently however, because of the lack of state documentary stamp tax funds, cost share funding by FDEP has become very competitive. This year is an especially critical year Page 1 of 8 Packet Page -992- 11/13/2012 Item 11.K. Attachment No. 2 for Collier County since FDEP's cost share funding has the potential to support our upcoming renourishment project. Over the past year, staff has met extensively with FDEP to discuss ways to improve our project competitiveness. These discussions have also been communicated with the Coastal Advisory Committee (CAC). The common thread in this year's discussion with FDEP was to make sure that our application was submitted on time and complete. FDEP indicated that "Time was of the Essence" and no late or incomplete applications would be accepted. The 2012 survey data used to develop the LGFR arrived on September 5, 2012. This information was used to revise alternatives and develop the beach design. The "most probable data" was used by staff to develop this request. A resolution supporting the LGFR was submitted and approved by the BCC on September 11, 2012 (Agenda Item 11 -1). At this time the LGFR was not completed and staff indicated that the submittal would be based on a six year project design and renourish the beaches with approximately 420,000 cy of sand. It was also stated that the BCC would have the opportunity to approve the grant contract if Collier County ranked high enough to qualify for funding. The revised alternatives were presented in a workshop to the joint CAC and Tourist Development Council (TDC) on September 13, and the final decision by the BCC was made for the selected alternative (420,000 cy) on September 25, 2012. The LGFR was due to the state on September 18, and all the time between Sept 13 and Sept 18 was used to prepare the LGFR based on the probable decision approved by the CAC. The State provided only 2 months' notice for the LGFR this year, with a substantial new interpretation of the rules. The submitted LGFR is consistent with the County objectives and the plan approved by the BCC on 9/25/2012. Also, please keep in mind that the County's support resolution was submitted with the LGFR application. No direction from the BCC was given that the BCC wanted to approve the LGFR prior to submittal to FDEP. This had never happened in the past and staff indicated that it would forward the LGFR to the BCC when complete. Confusion however, existed as to the timing of this request. Commissioner Hiller indicated that staff committed to submit the LGFR back to the BCC for approval prior to submitting it to FDEP. The following is the exact statement from the minutes of the BCC meeting on 9/11/12 when this was discussed. Staff stated that, "once we have the application complete, Commissioner, we will distribute it and show it to the Commissioners. But at this point in time the due date from the Florida Department of Environmental Protection is the 18th of this month. So we need to get our application in at that point in time. And part of the application is a resolution by the Board indicating that the Board would support the cost share efforts, and this is similar to what we have done every year. " Staff waited until FDEP had reviewed the 9/18/2012 LGFR submittal and deemed it complete before forwarding a copy to the BCC. The completed application as verified by FDEP was delivered to the BCC Office for each Commissioner on 10/5/2102. 2. At the September 25 '12 Collier County Board of Commissioners meeting, where the entire beach re- nourishment project was discussed, the application was still not brought forward by staff. At that meeting the CCBC made some specific modifications to the project approving maximum sand volumes 421,000 cy. and broadening the scope of available methods for re- nourishment. On Sept. 25 '12 the CCBC voted to include Upland Sand Source as one of the Page 2of8 Packet Page -993- 11/13/2012 Item 11.K. Attachment No. 2 methods to be included in the bid process to identify its potential for full or partial use in the project. Also they approved the use of an emergency upland sand truck haul of 24,000 cy to shore up two areas of our beaches. This material may stay in place reducing the sand volume needs projected for the larger project described in the Sept. 18 submission. These changes lead me to believe much of the Sept. 18 '12 application data is outdated, inaccurate and unreliable. As recently as the Oct 9 CCBC meeting Commissioner Hiller made an extended comment about her not being informed about the information included in the Sept 18, '12, application. Staff Comments: The September 25, 2012 meeting was after the due date for the LGFR. Information presented was consistent with Board direction and intent. The use of an upland sand source was a bidding option directed by the BCC and not firm scope. Additionally, these changes in project description /scope directed by the BCC would not materially effect the application for state funding. A decision on intruding into turtle nesting season May 1 thru Oct. 31 is still pending, conditional on responses to options presented in the bid process which provides for options to work in or out of nesting season. Staff Comments: Permitting and funding have separate time lines, and United States Fish and Wildlife Service (USFWS) has approved year round beach construction for Collier County, subject to the County's request for a permit modification. The BCC directed staff to list this as a bidding option. The decision will be made by the BCC but not until the bid process is complete. 4. Again, the CCBC identified a total volume of sand of 421,000 cy not the 515,000 cy identified in the chart at the bottom of page one of the application. The 6 year design as a duplication of our last large renourishment is complicated and still under consideration as people grapple with the suggestion that a factor of two times the sand volume needed to actually match the last project is added and described as a buffer yet also called the six year design. Staff Comments: The 515,000 cy number is the amount that fits under the 2006 permitted template using the 2012 survey. The dollar amount in the LGFR reflects a project sized for 420,000 cy, there is no intent of building a larger project without BCC approval. The use of an upper limit in the LGFR and permit application is cautionary and provides a contingency should a larger project be needed at the time of construction. In 2005, a precise project volume and template was permitted, and it could not be modified to address storm losses from the 2005 hurricanes in time for construction in 2006. It is customary to hedge a larger project for the purpose of funding and permitting, so as to add flexibility at the time of construction. The plan described meets the County's intent, especially given the dollar amount is for a 420,000 cy proj ect. Page 3 of 8 Packet Page -994- 11/13/2012 Item 11.K. Attachment No. 2 5. The map on page 3 is not the map that was shown to and approved by the CCBC at the Sept. 25, '12 meeting specifying the Iocations where the beaches would be re- nourished. Staff Comments: The map on page 3 identifies the overall beach segments and does not include gaps. The parcel maps in Attachment 1 of the LGFR shows the gaps in project limits and the areas where sand is proposed. 6. Page 6, Questions about the $350,000 identified for the monitoring of sea turtles go unanswered in the public forum of the CCBC since the application was not vetted properly, or provided to the Commissioners in a timely fashion as promised. Staff Comments: This is part of monitoring cost for physical and biological surveys and sea turtle's monitoring in the LGFR format. This is the format that FDEP requires. 7. The close to $5 million in federal funds for Nourishment & Construction Services is of great local interest in light of our recent local discussion about FEMA fund de- obligations and peripheral issues. Staff Comments: A Project Worksheet (PW) for TS Fay has been approved by FEMA and is not related in any way to the recent de- obligation of Hurricane Wilma funds. PW's are being processed for TS Debbie and with the President's declaring parts of Florida (Collier is included) a federal disaster as a result of TS Isaac, it looks like funding may be available for this storm also. FDEP awards additional points towards funding for FEMA projects. S. Regarding the question on Page 10 of the application: Is this project being planned or constructed in cooperation with another local government? Explain? This question received a very odd response. As mentioned earlier the collaborations mentioned by the applicant and the agreements with long boat key and others were not reviewed by the public and /or Commissioners for cost analysis or other purposes. I have copied a number of people responsible for and /or interested in this issue. I understanding there are deadlines looming for interlocal agreements but don't expect any action to be delayed by my comments. I don't mean to be nit picking but 1 believe the submission of information to you for the purpose of securing Federal and State funding for a project is a very serious matter and hope you receive accurate and timely information. Staff Comments: Page 4 of 8 Packet Page -995- 11/13/2012 Item 11.K. Attachment No. 2 Combining our project with another municipality for mobilization savings and securing additional FDEP Cost Share points has been discussed numerous times with the BCC (Agenda item 11A on 4/10/2012; 11A on 5/22/12; 11C on 6/26/2012). FDEP considers Regionalization as a significant item. Staff's intent was to indicate to FDEP that Collier County is working towards a regional project if it makes sense and is approved by the BCC with an executed /signed interlocal agreement. We have asked FDEP to evaluate our proposal with and without regionalization - points and requesting until the end of the year to resolve this item. A joint project could save Collier County at least $1,000,000 if properly implemented. Failing to consider this option and not providing the BCC with this option if it is available would be negligent. The BCC always has the final say on implementation through an interlocal agreement. 9. One final comment, my personal interest in this project is that of a private citizen interested in advocating for design strategies that provide for protection of coastal economic resources, public and tourist recreational beaches and respect for and avoidance of harm to our natural resources, in this case primarily nesting sea turtle . Though I'm sure shore birds will increase the challenges of natural resource protection in the near future. Staff Comments: Again, the BCC has directed staff to provide an alternate bid for renourishment outside of turtle nesting season. Additionally, also recognize that the new programmatic biological opinion from USFWS, the federal agency charged with the protection of endangered species allows year round renourishment within Collier County. Relative to Commissioner Hiller additional comments to Mr. Ochs: 1. Of significant concern to me are the inflated sand volumes for the six year design template when the erosion per the 2012 monitoring, as I've been told, is only about 120,000 cy., with 420,000 cy presented to the BCC only after over 500,000 cy was presented to the State without BCC review. Staff Comments: Staff conducted a joint public workshop with the CAC and TDC to discuss how the beach is built and the different components to be taken into account when designing a beach. The CAC and the TDC both recommended approval of the approach and the design volume of approximately 420,000 cy's. This design approach was the same that was used in the 05/06 renourishment. The 05/06 renourishment actual beach performance has validated the design criteria and parameters used. Staff has proposed a peer review of the design parameters and methodology to assure that the design approach is correct. 2. And what about the joint venture with a jurisdiction so far physically removed from us that i can't see any economies, and which only serves to needlessly delay the renourishment. Staff Comments: A joint venture that does not make practical or economic sense will not be proposed by staff. Staff does not anticipate that any future joint venture with other municipalities delaying our Page 5 of 8 Packet Page -996- 11/13/2012 Item 11.K. Attachment No. 2 next renourishment. Dredging contractors have consistently indicated that mobilization costs could be saved/shared and economies of scale would be factored into their pricing. What about ignoring inclusion of truck hauls? It's my understanding that prior to the last major renourishment project that truck hauls were utilized. When Bob raised it as an option he received no such disclosure. It was agreed it would be considered, but has not been disclosed to the State. Staff Comments: The use of an upland sand source is not fixed in the scope but rather a bidding option directed by the BCC. When the LGFR was submitted to the state the primary sand source was borrow area T -1 located in federal waters off Sanibel. Inclusion of the use of an inland sand source at this time would not have a material effect on the LGFR application for state funding. 4. And then there's the timing and direction of placement. Not to mention, the Commissioners still haven't been told where the sand will be placed. Staff Comments: The Commissioners approved the permitting of the renourishment plan on 9/25/12. In this presentation, the boundaries of renourishment and the renourishment gaps were clearly identified. Timing to start the renourishment will be discussed with the BCC for decision - making during the contract award process. Direction of placement of sand will be resolved and presented to the BCC at the time of contract award. Unedited E -mail from Mr. Krasowski below used to answer questions above. On Oct 16, 2012, at 3:16 PM, "Minimushomines@aol.com" <Minimushomines@aol.com> wrote: From: Minim ushomines(alaol.com [mailto: Minim ushomines(a)aol.coml Sent: Tuesday, October 16, 2012 02:12 PM To: Alex. Reed 0 dep.state.fl.us <Alex.Reed - &dep.state.fl.us> Cc: nickcasalanauita(a colliergov.net <nickcasalanguita(c colliergov .net >; Will iamLorenz(a )colliergov.net < WiIliamLorenz (a)colliergov.net >; GaryMcAlpin(a)colliergov.net <GaryMcAlpin0collieraov.net >; Keehn, Stephen; Lainie.Edwards(-Odeo.state.fl.us <Lainie.Edwardsna dep.state.fl.us >; goldandrose( mac.com <goldandrose(a mac.com >; aeorgiahiller(a)colliergov.net <georaiahiller(a )collieraov.net >; FredCoyle(a)colliergov.net <FredCovle @collier oq v.net> Subject: RE: Local Government Beach Funding Assistance Requests for Collier County Fl. From: Bob Krasowski To: Ms. Alex Reed, Ms. Reed, I feel compelled to share my aforementioned comments and concerns regarding the Collier County Application for State Beach Funding Assistance. Especially in light of the fact that those who submitted the application, to you, have not modified /updated the information it contains since its first submittal. Page 6 of 8 Packet Page -997- 11/13/2012 Item 11.K. Attachment No. 2 My comments refer to two separate but interconnected areas: First, The transparency associated with the application submission process. Second, The timeliness and accuracy of the Sept 18 th submittal information as it relates to the more recently stated positions of the Collier County Board of Commissioners (CCBC). Chronologically, Neither The Collier County Commissioners nor the Public had seen the submitted application before it was delivered to you on Sept. 18 12. Neither had a clear understanding of the details regarding Federal and State fund allotment requests, suggested joint inter local agreements, sand volumes and application locations as well as other issues. At the September 25'12 Collier County Board Of Commissioners meeting, where the entire beach re- nourishment project was discussed, the application was still not brought forward by staff. At that meeting the CCBC made some specific modifications to the project approving maximum sand volumes 421,000 cy. and broadening the scope of available methods for re- nourishment. On Sept. 25'12 the CCBC voted to include Upland Sand Source as one of the methods to be included in the bid process to identify its potential for full or partial use in the project. Also they approved the use of an emergency upland sand truck haul of 24,000 cy to shore up two areas of our beaches. This material may stay in place reducing the sand volume needs projected for the larger project described in the Sept. 18 submission. These changes lead me to believe much of the Sept. 18'12 application data is outdated, inaccurate and unreliable. As recently as the Oct 9 CCBC meeting Commissioner Hiller made an extended comment about her not being informed about the information included in the Sept 18, 12, application. A decision on intruding into turtle nesting season May 1 thru Oct. 31 is still pending, conditional on responses to options presented in the bid process which provides for options to work in or out of nesting season. Again, the CCBC identified a total volume of sand of 421,000 cy not the 515,000 cy identified in the chart at the bottom of page one of the application. The 6 year design as a duplication of our last large renourishment is complicated and still under consideration as people grapple with the suggestion that a factor of two times the sand volume needed to actually match the last project is added and described as a buffer yet also called the six year design. The map on page 3 is not the map that was shown to and approved by the CCBC at the Sept. 25, '12 meeting specifying the locations where the beaches would be re- nourished. Page 6, Questions about the $350,000 identified for the monitoring of sea turtles go unanswered in the public forum of the CCBC since the application was not vetted properly, or provided to the Commissioners in a timely fashion as promised. The close to $5 million in federal funds for Nourishment & Construction Services is of great local interest in light of our recent local discussion about FEMA fund de- obligations and peripheral issues. Page 7 of 8 Packet Page -998- 11/13/2012 Item 11.K. Attachment No. 2 Regarding the question on Page 10 of the application: Is this project being planned or constructed in cooperation with another local government? Explain? This question received a very odd response. As mentioned earlier the collaborations mentioned by the applicant and the agreements with long boat key and others were not reviewed by the public and /or Commissioners for cost analysis or other purposes. I have copied a number of people responsible for and /or interested in this issue. I understanding there are deadlines looming for interlocal agreements but don't expect any action to be delayed by my comments. I don't mean to be nit picking but I believe the submission of information to you for the purpose of securing Federal and State funding for a project is a very serious matter and hope you receive accurate and timely information. One final comment, my personal interest in this project is that of a private citizen interested in advocating for design strategies that provide for protection of coastal economic resources, public and tourist recreational beaches and respect for and avoidance of harm to our natural resources, in this case primarily nesting sea turtle . Though I'm sure shore birds will increase the challenges of natural resource protection in the near future. Respectfully, Bob Krasowski, 1086 Michigan Ave. Naples Fl. 34103 239 - 434 -0786 239 - 404 -8958 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 semi electronic mail to this entity. Instead. contact this office by telephone or in writing. Page 8 of 8 Packet Page -999- 11/13/2012 Item 11.K. Attachment No. 3 10/30/2012 Response to Commissioner Hiller's request for FEMA appeals - history and timing. Tropical Storm Gabrielle became a Federally Declared Disaster on September 28, 2001. Collier County had four (4) engineered beaches; Vanderbilt, Park Shore, Naples and Marco Island that incurred erosion damage and received federal recovery funding. Estimates are used to determine the initial federal obligation of funds for the recovery work. This however, is not necessarily the final costs that will be approved. The final costs are based on reasonable, actual costs incurred by the applicant completing the eligible scope of work. Actual costs are determined through a reconciliation process initiated by the state when the work is complete. Discrepancies between the initial estimate and the final costs are addressed through inspection, audit, reconciliation, certification and obligation through the project worksheet (PW). Recovery work is also eligible for reimbursement from the date of landfall through the date work is completed. Our completion date is specified in the United States Corps of Engineers (USACE) permit issued on September 20, 2005 to be three (3) years after the construction completion date. This allows for mandatory biological monitoring that generally ended in 2010/2011. Except for emergency beach stabilization no recovery work could begin before the issuance of all regulatory permits. Beginning work prior to issuance of permits would be in violation of the Stafford Act. Permitting for this project was not complete until December 2005. Between the date of Federal Declaration and the date the permits were issued, the County operated in an emergency protective mode. In 2005, Hurricanes Katrina and Wilma damaged Collier County coasts and federal disasters were declared for both of these storms with recovery funds authorized by FEMA. In total 10 PW's were authorized by FEMA for these three storms. In August 2009, FDEM along with FEMA began the audit and reconciliation of these three storm events as required by project closeout. During the close out process, Collier County provided additional information along with supporting documentation and technical studies that justified additional recovery funding. All the additional recovery items were reviewed, audited and validated by both the FDEM and FEMA closeout specialists. FEMA's closeout report dated January 21, 2010 validated the total costs for these three disasters to be $29,574,446. FDEM /FEMA wrote, authorized and obligated subsequent versions of these PW's on February 1, 2010. FEMA also recommended in their January 21, 2010 closeout report that the most equitable way to divide unallocated cost between storms was to allocate the costs based on the percentage of eligible sand. This was required to account for the different levels of federal cost share reimbursement authorized by each storm. Hurricanes Katrina and Wilma prorated portion of the additional costs was determined to be 55% with the balance being allocated to TS Gabrielle. FDEM /FEMA's Disaster Recovery Office in Lake Mary, FL processed and ultimately paid an additional $9,486,535 in recovery costs for Hurricanes Katrina and Wilma ($9,518,528 with administrative costs added). With the payment of the additional obligated amount of $9,486,535, the total payment to Collier County for these three disasters was $20,385,949. The total payment for Hurricanes Katrina and Wilma was $15,467,971 prior to the de- obligation of $11,172,272. An attached Collier County FEMA Appeal Summary worksheet reconciles FEMA obligations and deobligations to date. Page 1 of 2 Packet Page -1000- 11 /13/2012 Item 11X. Attachment No. 3 FDEM /FEMA's Disaster Recovery Office in Lake Mary, FL had jurisdictional responsibility for Hurricanes Katrina and Wilma and approved, processed and paid the $9,486,535 in additional recovery costs. FEMA Region IV in Atlanta had jurisdictional responsibility for TS Gabrielle and even though all the additional recovery costs were validated and approved at project closeout, FEMA Region IV refused to recognize the validity of our request. Their initial reasoning was that the authorizing PW's for TS Gabrielle had already been closed. FDEM working with the County filed a first appeal for TS Gabrielle to FEMA Region IV Atlanta on April 9, 2010. This appeal indicated that the PW's for this disaster were closed in error by FDEM - Tallahassee without knowledge or authorization by FDEM -Lake Mary or Collier County. The appeal also stipulated that the closeout occurred without considering environmental monitoring schedules or costs. Environmental monitoring was a requirement of the PW's and closeout should not have occurred until this work was complete. The first appeal response was received from FEMA Region IV on September 30, 2010 and approved the environmental monitoring costs but denied the additional sand expenditures. FEMA's rationalization was that the County did not appeal within 60 days the approved scope of work being obligated (July 8, 2004). This appeal within 60 days of July 8, 2004 would have been impossible as indicated in our second appeal request. The second appeal request from Collier County to FDEM on TS Gabrielle was filed on November 24, 2010. On January 24, 2011 FDEM filed its second appeal on behalf of Collier County to FEMA for TS Gabrielle. The second appeal response from FEMA was received on May 14, 2012. This appeal denied any additional sand quantities but identified other eligible costs that are reimbursable to Collier County. It is important to note that unlike the de- obligation of previously awarded funding for Hurricanes Wilma and Katrina, the appeals for TS Gabrielle were for additional reimbursements that the County believed it was entitled to receive. As such, the denial by FEMA of these appeals had no impact on the County's beach renourishment budget because these funds were never awarded. It simply meant that the County would not be receiving all of the reimbursements for which it believed were justified. However, the major issue of this appeal response was that the denial instituted a re- examination of costs funded for Hurricanes Katrina and Wilma. As a result of this directive, FEMA de- obligated without consultation, $11,172,272 from FDEM for Hurricanes Wilma and Katrina. Subsequently, FDEM has invoiced Collier County for these funds. On July 26, 2012 Collier County filed its first appeal request to FDEM contesting the de- obligation of funds for Hurricanes Wilma and Katrina. 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