Item Coversheet
ITEM 7.
Natural Resources - Administrative Agenda

AGENDA ITEM REPORT

DATE:December  18, 2018 
DEPARTMENT:Natural Resources
REQUESTER:Roland Ottolini 
TITLE:Approve Agreements to Implement Gasparilla Island Beach Nourishment Funding and Construction 

I.MOTION REQUESTED
 

A) Approve Cooperation Agreement (CA) between the Army Corps of Engineers and Lee County, Florida for Nourishment of the Gasparilla Island Segment of the Lee County, Florida Shore Protection Project.

 

B) Approve Memorandum of Agreement (MOA) for additional sand placement to expand the southern limits of the fill area beyond the Belcher Road seawall to include Gasparilla Island State Park.

 

C) Approve transfer of $5,000,000 from Beach Renourishment Trust Fund (Project No. 400686) to Gasparilla Island Beach Nourishment Project #403267.

 

D) Authorize Chairman to execute a Use Agreement (UA) for State Park property on Gasparilla Island that is substantially similar to the UA approved by the Board on 6-25-2013 (WO #1) providing for construction access and staging, and authorization to place sand on State owned uplands.

II.ITEM SUMMARY
 Approves agreements with the Army Corp of Engineers (ACOE) to renourish the Gasparilla Island Beach from 17th Street to the southern end of Gasparilla Island State Park.  The agreements allow for cooperation between the ACOE and Lee County in construction of the project.  Lee County’s share of the cost is $4.5 million, which is for the State Park portion of the project.   Because of that, the County has requested and should receive full reimbursement from the State for the $4.5 million.
III.BACKGROUND AND IMPLICATIONS OF ACTION
 A)Board Action and Other History
  

In 2006 Lee County approved execution of the Project Cooperation Agreement (PCA) with Army Corps of Engineers for initial construction of the Gasparilla Island Federal Shore Protection Project. The Project was constructed by Lee County from December 2006 to April 2007 and included the entire Gulf shoreline south of 17th Street. Funding was from a combination of local and state funds with federal reimbursement of eligible cost shared expenses. Tropical Storm Debby in June 2012 was an extraordinary event, qualifying for Federal rehabilitation. In 2013 a new Agreement was signed for federally funded storm repair plus cost shared nourishment to return the beach to its design width.

Analysis of Hurricane Irma erosion damages resulted in federal approval to restore the beach at full federal cost. This work would mitigate erosion from 17th Street to north of Belcher Road and is expected to be completed prior to July 2019. An additional agreement would be required to extend the work along the rest of the island beachfront to the south.
 B)Policy Issues
  Beach nourishment is the preferred method to combat critical erosion. Gasparilla Island is an important piece of tourism and recreational infrastructure including numerous public access points and three state park segments. 
 C)BoCC Goals
  Tourism/Sports; Funding Sources.
 D)Analysis
  

The authorized federal fill template begins on the north end at approximately 17th Street and stops on the south end just north of the Belcher Road seawall portion of Gasparilla Island State Park. It is difficult to establish and hold a sandy beach in front of the Belcher Road seawall for an extended period of time because it protrudes significantly further seaward than the surrounding shorelines. Nevertheless, construction of a beach would improve the storm protection on this shoreline and offset the high erosion rates in the State park to the south. Erosion in the park is extreme and has damaged and jeopardized use of facilities previously funded through County tourist tax revenues. The incremental cost to extend the fill area approximately 2500’ south is expected to be significantly more cost effective compared to a stand-alone effort since mobilization can cost several million dollars. The MOA will authorize completion of this work (part B of the motion). Because it is a state park, it is expected that FDEP will reimbursement 100% of the contractual expenses for the extension. Application has been made and will be considered as part of the Florida Department of Environmental Protection (FDEP) Beach Erosion Control Funding Program to be considered during the next State Legislative Session. The MOA requires the County to advance $4,500,000 to the Army Corps, upon receipt of which, the Corps will include the additional work in the Federal construction solicitation and contract.

Preliminary rankings and historical funding suggest approval for State FY19/20 reimbursement is likely. County funding not eligible for reimbursement is expected to be minimal and related only to real estate issues or permit compliance. Any such funds are proposed to come from tourism development tax (bed tax) existing budget. Sufficient funds are available for this project in the Beach Renourishment Trust Fund and would be moved into a project account by way of the budget transfer (part C of the motion). The $5,000,000 transfer includes the estimated $4,500,000 non-federal share advanced by the County, 100% of which is expected to be reimbursed by FDEP in accordance with a new or amended state funding agreement anticipated to come to the Board in the summer of 2019. A portion of the project construction will take place in state park segments on state owned upland property. It is also likely that the most cost efficient location for construction access will cross state park property. A Use Agreement (UA) will be required by the State of Florida to access this property and will be administered through FDEP (such as the 6/25/2013 Use Agreement). In order to continue with the expedited schedule, we are requesting authorization for the Chairman to execute the UA (part D of the motion) subject to technical and legal review by staff. A draft UA is not yet available for review but is expected to be substantially like the 2013 Use Agreement.
 E)Options
  1.    Execute CA only allowing for construction of just the Federal project area. 2.    Execute CA, MOA and UA allowing for additional sand placement on the state park.
IV.FINANCIAL INFORMATION   
 A)Current year dollar amount of item:
$4,500,000
 B)Is this item approved in the current budget?No
 C)Is this a revenue or expense item?Expense
 D)Is this Discretionary or Mandatory?Discretionary   
 E)Will this item impact future budgets?
If yes, please include reasons in III(D) above.
No
 F)Fund: General Fund
Program: Major Maintenance
Project: Gasparilla Island Beach Nourishment 2019
Account Strings: 40326730101  
 G) Fund Type?Other:  CIP Tourist Development Beach Projects 
 H)Comments:
 
V.RECOMMENDATION
 Approve  
VI.TIMING/IMPLEMENTATION
 Federal Project advertisement is scheduled for January 2019; award by March 2019; completion of construction by July 2019.
VII.FOLLOW UP
 

Future State Funding Agreement would come back to the Board following approval in the State budget. The FY19/20 request is pending legislative action next Session.

ATTACHMENTS:
DescriptionUpload DateType
Project Map11/27/2018Backup Material
Cooperation Agreement11/27/2018Agreement
Memorandum of Agreement11/27/2018Agreement
State Park 2013 Use Agreement11/27/2018Backup Material
Budget Transfer12/7/2018Transfer of Funds
121818R -A-7-Transfer of Funds1/22/2019Transfer of Funds
121818R -A-7-Use Agreement-Gasparilla Island1/22/2019Agreement
121818R -A-7-MOA -Army Corps for Sand Placement1/22/2019Agreement
121818R -A-7-Cooperation Agree-Army-Shore Protection1/22/2019Agreement
REVIEWERS:
DepartmentReviewerActionDate
Natural ResourcesOttolini, RolandApproved12/7/2018 - 9:03 AM
Budget ServicesGuttery, AngelaApproved12/7/2018 - 12:51 PM
Budget ServicesWinton, PeterApproved12/7/2018 - 3:45 PM
County AttorneyFredyma, John J.Approved12/7/2018 - 4:26 PM
County ManagerHarner, David Approved12/10/2018 - 1:49 PM