07/13/1993 CITY COMMISSION SPECIAL MEETING
July 13, 1993
The City Commission of the City of Clearwater met in special session at the Clearwater East Library, Tuesday, July 13, 1993 at 8:30 a.m., with the following members present:
Rita Garvey Mayor/Commissioner
Arthur X. Deegan, II Vice-Mayor/Commissioner
Richard Fitzgerald Commissioner
Sue A. Berfield Commissioner
Fred A. Thomas Commissioner
Also present:
Michael J. Wright City Manager
William C. Baker Public Works Director
Cynthia E. Goudeau City Clerk
In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order.
The purpose of the special meeting is to receive presentations from firms bidding to provide engineering consulting services for Dunedin Pass dredging and to approve the 1993-94 tentative
millage rate.
ITEM #1 Dunedin Pass - RFP Presentation
The City Manager reiterated the purpose of today's meeting is to rank the engineering firms. Once the firms are ranked, staff will be authorized to negotiate a contract for these services.
Coastal Engineering Consultants, Inc.
Kris Dane, President of Coastal Engineering Consultants, Inc., stated they are proposing to work with Lewis Environmental Services, a west coast firm. He stated Coastal Engineering
has been involved in inlet management programs for a long time. Lewis Environmental Services was founded by Robin Lewis who has been active in environmental studies in this area.
Mr. Dane indicated Coastal Engineering Consultants has broad experience in marine coastal engineering and in the design and permitting of many marine projects. He reviewed some of the
projects in which the firm had been involved. He indicated the Corps of Engineers had tried to obtain permits for five years in Collier County for Wiggins Pass which had never been
dredged. The county then hired Coastal Engineering who reduced the project's scope and received permits. Dredging occurred in three sections in Stump Pass in the Lenore Bay
Aquatic Preserve. He indicated Coastal Engineering tries to design projects that work in harmony with nature. Gordon Pass in Naples provides horizontal control for the Corps of Engineers
when they dredge. The project done at Caxambas Pass at Marco Island relieved the pressure of a narrow, high velocity channel against the shoreline.
He stated Coastal Engineering is often asked to predict the response to dredging. In reviewing projects on Marco Island, he indicated this was a six year project in which terminal structures
were built, fill was retained, the velocity in the pass was reduced, and sand was retained. He stated this complex inlet required a great deal of study and extensive dune construction
and planting. The project won the 1991 American Society of Civil Engineers Project of the Year Award. He indicated Coastal Engineering is experienced in field work and uses state of
the art technology.
Daniel Savercool, of Lewis Environmental Services, indicated mitigation takes up developable land. However, if undesirable plant material can be removed and wetlands constructed, the
mitigation effort makes a project permittable. He reported a complex design on a Captiva Island erosion project funded by the State and quite successful reduced wave energy on the beach
by 10%.
Photographs of Dunedin Pass from 1926 to the present highlighted the various stages of the inlet being filled in with sand. Mr. Savercool indicated he had walked the area last week
and had found turtles and bird nesting areas where the County had planned the new channel. He indicated the large dune system in this area was important for organisms and for birds
to use for nesting areas.
Mr. Dane indicated Dunedin Pass was filled with high quality beach sand. He felt the City should consider reestablishing the inlet at its previous location, however, the environmental
consequences will have to be reviewed. He stated shore grasses on the Caladesi Island shoreline are a valuable habitat for birds and fishes and will need to be preserved. He felt the
high quality sand could be used to subsidize the cost of the project. He reiterated that environmentalists will scrutinize the project closely. He stated he hoped Coastal Engineering
had demonstrated they have the technical resources to carry out the project and the permitting experience necessary.
Mr. Savercool stated they would need to review what the County has done to see where mistakes may have been made. He stated he saw only standard obstacles in the permitting process
and a well organized plan will be needed. He reiterated his feeling that the location of the old pass was the best area to be opened as there are no sea grasses or bird nesting occurring
there.
Mr. Dane indicated that engineering aspects will need to be considered such as how to encourage the natural bypassing of sand to Caladesi Island and how to be consistent with small craft
needs. He stated innovative strategies will be considered to redesign the project and reduce it as much as possible. He indicated he is the President and co-owner of the firm and he
and Mr. Lewis will be working personally on the project.
Commissioner Berfield questioned the necessary time frame. Mr. Dane indicated that permitting could occur within six months and construction completed within two years.
Commissioner Berfield questioned if they felt there would be a need for an Administrative Hearing. Mr. Dane indicated he could not predict that but saw no technical reason for an Administrative
Hearing. He felt Coastal Engineering could do a good job addressing environmental concerns that may be raised.
Commissioner Berfield questioned if Coastal Engineering had been involved with controversial projects. Mr. Dane indicated they had throughout and for the State.
Commissioner Thomas questioned if the belief that the bay was dying due to a lack of tidal flushing was valid. Mr. Dane indicated it was important to open Dunedin Pass, however, there
may be arguments regarding mixing the gulf and bay waters.
Mr. Savercool indicated the permitting agencies will want to know the impact of the bad water on good water. He stated algae blooms are the result of reduced oxygen and circulation
provides oxygen. As the water begins to clear, additional sea grasses will be established.
Commissioner Berfield questioned if the University of South Florida had gone on record that sea grasses would be improved. It was indicated they had.
Commissioner Thomas questioned why Coastal Engineering felt they would be successful when the County had failed twice. Mr. Dane indicated he would first investigate the true objections
to the project. From reviewing the project, he thought Coastal Engineering could be successful or he would not have submitted a proposal.
Commissioner Thomas questioned if the closing of Dunedin Pass was the reason Clearwater Beach has grown in width. Mr. Dane indicated this would be the real challenge of the project
and agreed the closure did assist with some of the accretion to the beach. He stated new technologies would be used and reported a need for periodic maintenance to keep Dunedin Pass
open. He said he had heard that when Dunedin Pass closed, the velocity in Clearwater Pass increased and sand was then deposited on the beach.
Commissioner Thomas questioned if artificial reefs or other structures could be used to hold the sand. Mr. Dane indicated this was a possibility.
Commissioner Deegan questioned what would be included in an inlet management plan. Mr. Dane indicated the State has a list of items that need to be included. Hopefully this will be
changed, as he considers it an academic exercise without practical value. He stated he would have to establish the cost of maintaining the open pass and the impact on other passes.
Commissioner Fitzgerald stated some people think the best way to get the permit is to litigate. He indicated he did not hear that from Mr. Dane and questioned why he thought the permits
could be obtained without litigation. Mr. Dane stated he was not guaranteeing no one
would sue or force the City to an Administrative Hearing. He said he will provide enough technical information to support the project.
Mr. Savercool indicated there are a "whole slew of critters" to look at when reviewing environmental aspects and applicable monitoring reports will need to be submitted. He stated the
County had not done this. He indicated he can address environmental issues. As an example, he stated the Rosiette Spoonbills on Moonshine Island will remain there and will not be affected
by opening the pass.
Mr. Dane felt they could be successful by communicating one on one with individuals in the agencies. He stated his firm is innovative and communicates well.
Mayor Garvey questioned what they considered to be the single coastal project by which they should be judged. Mr. Dane indicated the Marco Island Beach nourishment project because of
the project's complexities. Mr. Savercool stated Lewis Environmental should be judged by the Ultimar Beach renourishment project.
Commissioner Thomas questioned the contract's cost. The City Manager indicated procedure calls for the firms to be ranked before prices are negotiated.
The meeting recessed from 9:36 to 9:45 a.m.
Coastal Planning and Engineering, Inc.
Thomas J. Campbell, President, indicated Richard Spadoni, Project Manager, is a coastal engineer and marine biologist and was the project engineer for the Boca Raton Beach restoration
project. Coastal Planning and Engineering's proposal for Dunedin Pass includes three project areas: 1) environmental permitting; 2) design; and 3) surveying. The design team includes
three coastal engineers. He noted hydrographic surveying is a very exact procedure requiring precise checking.
Mr. Campbell reported key to the Dunedin Pass project will be their public involvement program coupled with the hydrologic design and an environmentally sensitive program. The design
of the inlet cut and maintenance program will result in no impact on downward trend beaches. He reported Dunedin Pass is part of a three pass system. The new pass will need to be cut
where it will allow shoaling and will create a flow to keep the mouth open. He further reported a deposition basin will be needed. Creating a condition that can be easily maintained
is also in the design of the project.
If dredging is to be done inside Dunedin Pass, questions will be raised regarding sea grasses, birds, and other environmental concerns. He stated when the pass is open, the environment
will not be destroyed but will be changed. The firm will review the results of increased flushing should the pass be opened.
He reported Coastal Planning and Engineering will meet with local environmental groups and make a list of all of the concerns. He reported the company may not be a proponent of the
project early on and may very well indicate Dunedin Pass should not be opened. He stated he has found controversial projects need to be limited or they are open for mitigation. All
issues will need to be addressed and he recommended the use of a newsletter and/or public hearings to keep the citizenry informed.
He reported the project will be challenged by the Department of Natural Resources (DNR) and the Department of Environmental Regulation (DER) as they prefer to do nothing. He stated
his firm will work with the agencies to address the concerns. He reported that DNR will be seeking guarantees. He stated it will be a process and the process will be built upon with
DER, DNR, and the public brought along throughout the project. He reported the press will cover the issue and questions will be raised.
He stated the hydrologic maintenance project will need to be large enough to survive a storm that could reasonably be expected. He wished to acknowledge that the project will cause
shoaling and a deposition basin is needed. If the project includes structures, he suggested additional permitting problems will arise. He stated he has experience with DNR on inlet
permitting and believes he can convince them that opening the pass is the right thing to do. He indicated Coastal Planning and Engineering have multiple disciplines inhouse and will
develop a public information program.
Commissioner Thomas questioned the similarity between the Dunedin Pass project and others his firm has done. Mr. Campbell indicated none of the projects have involved opening a pass.
He stated Coastal Planning and Engineering has been involved in developing maintenance programs.
Commissioner Thomas questioned, on a scale from one to ten, what Mr. Campbell believed the City's chances were in obtaining a permit. Mr. Campbell indicated a "five."
Commissioner Thomas questioned what would be done to keep the beach south of Dunedin Pass from eroding. Mr. Campbell indicated the material from the dredging could be placed on the
beach to the south and as the pass needs maintenance dredging, that sand also could be placed on the beach. He stated the deposit of the sand would be designed in a way to mitigate
erosion.
Commissioner Berfield questioned what time frame could be anticipated. Mr. Campbell indicated normal permitting would require nine months of work and it would probably be a year before
the City would know if it was going to be required to have a 120 Hearing. If a 120 Hearing is required, another six months would be needed. He stated the actual construction could
be completed within three months.
Commissioner Berfield questioned if Coastal Planning and Engineering had any experience with 120 Hearings. Mr. Campbell indicated they had. Commissioner Berfield questioned if they
had been successful. Mr. Campbell indicated they had not been and were denied permits for Midnight Pass.
Commissioner Deegan requested clarification regarding the chronology and at what point Coastal Planning and Engineering would submit an inlet management plan. Mr. Campbell indicated
it would probably be best to include the plan as part of the project as it would probably not be required as part of the permitting process. Commissioner Deegan felt the permitting
agencies would want to know the plans to maintain Dunedin Pass. He questioned if structures would add complications. Mr. Campbell indicated they would and should not be considered
unless studies show a need for them.
Commissioner Deegan questioned if the current thinking was to do a cut through a spit of sand and to shore up the bank. Mr. Campbell indicated he was proposing a natural cut.
Commissioner Fitzgerald questioned in what area of the project Mr. Campbell would place emphasis. Mr. Campbell indicated they would have to lead off with a good design that maintains
the pass cost effectively and deals with environmental issues. He stated Coastal Planning and Engineering has been involved in coastal engineering work throughout the State of Florida
and was chosen for the Jones Inlet, Long Island, NY project based on their design and engineering background.
Commissioner Fitzgerald questioned if Mr. Campbell perceived difficulty in view of the consolidation of the State environmental agencies. Mr. Campbell indicated the process has become
more focussed on environmental questions.
Mayor Garvey questioned if Coastal Planning and Engineering would be using subcontractors. Mr. Campbell indicated his firm would be the lead firm on all projects.
Mayor Garvey questioned on what single project should the Commission base its decision regarding its evaluation of Coastal Planning and Engineering. Mr. Campbell indicated the Boca
Raton Inlet project where jetties had caused significant erosion. His firm was able to obtain permission for a weir system and subsequent ebb shoal dredging. He stated the city and
DNR were satisfied with the management of that inlet.
The meeting recessed from 10:35 to 10:50 a.m.
Coastal Technology Corporation
Michael Walther, President of Coastal Technology, indicated they were the best qualified and prepared to meet the needs of Clearwater. He stated he believes there is a physical need
to open Dunedin Pass and the consultant hired needs to be environmentally sensitive and responsible but also aggressive. He said he has demonstrated successful capabilities.
Mr. Walther indicated he would be the project manager and will be in contact with the City and report directly to City staff and the City Commission. He stated he would supervise the
work of all team members and would be cost effective and accountable.
He reviewed some of the controversial projects in which he has been involved. In Indian River County at an aquatic preserve, he obtained permits for a boat house in which sea grasses
had to be included in the study. In Palm Beach County, he assisted in getting permits and state funding for the project to maintain the shoreline along a coral cove park. At Ft. Zachary
Taylor in Key West, he evaluated alternatives for creating and stabilizing the beach in a project that dealt with sea grasses and a hard bottom. He obtained permits and State funding
for the jetties and breakwaters used. He stated monitoring indicates they are working well. In Broward and Dade counties, he obtained permits for construction beyond the Coastal Construction
Control Line. His inlet management plan, adopted for the Sebastian Inlet, was the first ever developed and has become a model. He obtained those permits within 14 months and obtained
25 year permits for maintenance dredging after environmental issues, including sea grasses, hard bottom, Least tern nesting areas, manatee and turtle nesting protection, all were addressed.
He indicated the State funded 75% of that project.
For the Dunedin Pass project, he will develop and implement a plan. In comparing his firm to the others who submitted proposals, he indicated while his colleagues have coastal and marine
experience, they do not show the experience needed for the Dunedin Pass issue. He will approach the project by focusing on the preapplication portion to set the stage for the rest of
the project including cooperation with the permitting agencies. He also will obtain information he knows will be required such as water quality and bridge opening data.
He stated with the closure of Dunedin Pass a dead end canal has been created and the water has begun to degrade. He said opening the pass will improve water quality. He will submit
required information regarding the historical profile and shoreline data.
He proposed to develop conceptual drawings showing different locations for the channel, identifying resources, and minimizing impact on the environment, mitigating that which cannot
be avoided. The cost of maintenance will need to be determined. He indicated he will have pre-application conferences with the agencies involved in order to determine what needs to
be done. He will hold a public hearing to provide the results of the preliminary study and receive public input. A letter report will then be submitted on how to proceed and will include
cost data and the planned procedure. The permit submittal will require a demonstration of public interest, public benefit outweighing any negative impact, and the City being willing
to mitigate negative impacts.
He stated Coastal Technology has a project team with demonstrated expertise and success who know how to deal with complex issues and communicate well with the agencies. He reported
he will write monthly status reports and cost figures.
Commissioner Berfield stated in the information submitted by Mr. Walther, he referred to work on dunes in Ocean Village, stating the project had dealt with sea turtle protection. She
questioned if the method used there also would work in the Dunedin Pass area. Mr. Walther indicated he believed so and it would be monitored on a daily basis.
Commissioner Berfield questioned if Coastal Technology had constructed any dunes. Mr. Walther indicated they had supervised such construction and he had experience with existing and
new dunes.
Commissioner Berfield questioned what time frame Mr. Walther would anticipate being required. Mr. Walther indicated if all goes well, it would take nine months to a year to complete
the application. If an Administrative Hearing is required, a year would need to be added. He perceived a three year time frame from the outset.
Commissioner Berfield questioned if Mr. Walther had any experience with Administrative Hearings. He indicated he did with DNR. He was an expert witness for the construction of a seawall
and the Hearing Officer has not submitted a conclusion at this point. He stated in most other cases, with a threat of a 120 Hearing, most agencies were put in the position of negotiation
in order to avoid the hearing process.
Commissioner Thomas questioned in how many projects Mr. Walther had been involved as the lead role. Mr. Walther indicated he had been involved in five inlet programs.
Commissioner Thomas questioned what would be the driving criteria for DNR/DER regarding the issue of poor quality bay water mixing with the better quality gulf water. Mr. Walther indicated
the bay and gulf are both considered aquatic preserves. There would be a need to demonstrate that good water would exist in both places.
Commissioner Thomas questioned the causes of the accretion of the beach south of Dunedin Pass and what changes would occur if the pass were opened. Mr. Walther indicated the accretion
was the result of a migration of old shoal that was once off shore. He stated the closing of the pass allowed it to migrate. He felt should the pass be opened, most erosion would be
seen on the south end of Caladesi Island.
Commissioner Thomas questioned if depositing the sand removed from Dunedin Pass in a giant arch would help or hurt the south Clearwater Beach section. Mr. Walther indicated any sand
would help but he would need to look at the movement of the sediment. He stated this will be included in the design features to permit material from accumulating in the pass.
Commissioner Thomas questioned if Mr. Walther believed he could design a pass that would stay open with minimal maintenance. Mr. Walther indicated that would be his goal but he did
not see any way to avoid dredging every two years.
Commissioner Thomas questioned what Mr. Walther believed his chances of success of opening Dunedin Pass would be. Mr. Walther indicated with the expertise of his team, he felt there
was a 75% chance they would be successful. He felt if the issue goes to a hearing, the chance for success increases to 90 plus percent.
Commissioner Thomas questioned how detrimental opposition to the project would be. Mr. Walther indicated it complicates matters as the Governor and Cabinet do hear those voices. He
said, however, they also would listen to the City Commission as elected officials. He
stated, if during the course of the project he felt this was a lost cause, he would so notify staff. He reiterated he did not believe this to be a lost cause.
Commissioner Deegan questioned if Mr. Walther had legal counsel that he would use as a technical resource. Mr. Walther indicated he understood the City would contract legal services
separately. The City Manager indicated that was still an open item. Mr. Walther indicated he did have a firm with which he works.
Commissioner Deegan questioned if Mr. Walther believed a relationship would be demonstrated between the closed pass and the scouring in Clearwater Pass. Mr. Walther indicated he believed
that would be shown in the permitting process. He stated the correlation will come forward, however, he did not know if he could claim any benefits beyond what the Department of Transportation
(DOT) is doing.
Commissioner Fitzgerald stated the information submitted indicates that members of Mr. Walther's teams were involved in the County's efforts to obtain permits. He questioned why Mr.
Walther felt they would be successful now when the County was not. Mr. Walther indicated the County chose not to pursue the application when additional information was requested. He
stated most of the requested information was simple clarification that can be done without much expenditure of funds. He stated the major difference is the City's willingness to pursue
the permit through a 120 Hearing. He stated the County was not willing to do that.
Commissioner Deegan questioned the inference that Mr. Walther's firm was involved in the County's effort. Commissioner Fitzgerald indicated it was listed in the Coastal Technology teams'
information. Mr. Walther indicated the firm was not involved, however, some team members assisted the County. He stated he was not an agent in pursuing the County permits.
Mayor Garvey questioned if subcontractors or subconsultants would be used. Mr. Walther indicated he would be the primary team leader and he prefers that procedure.
Mayor Garvey questioned on what one project Mr. Walther's credentials should be evaluated. Mr. Walther indicated the Sebastian Inlet project should be considered. He stated prior to
his involvement, the inlet was poorly managed and not dredged until boats ran aground. He stated when he became involved, he developed an award winning program. He said he developed
the first inlet management plan and obtained the first 25 year permits for maintenance.
The meeting recessed from 11:45 to 11:55 a.m.
Commissioner Thomas questioned the procedure from this point. The City Manager indicated once the presentations are completed, it would be up to the Commission as to how they wish to
proceed. He stated they could start by ranking the firms, checking their references, or checking the people with which the firms had done business.
Commissioner Thomas indicated he would like to hear the opinions of Mr. Wright and Mr. Baker regarding the presentations.
Commission recessed from 12:10 to 12:12 p.m.
Olsen Associates, Inc.
Erik Olsen stated he was the principal of the company and has relevant experience with Clearwater Pass, as in the early 1970's he did a 14 month study. He indicated the pass at Sand
Key had necked down. The study he conducted was to determine how to open the pass and install stabilizing structures. He stated this resulted in the stabilization of the beaches, especially
Clearwater Beach. He noted the main reasons for the demise of Dunedin Pass were: Hurricane Pass formed in 1921; Memorial Causeway built from 1925 to 1927; dredge and fill projects during
the 1950's; the federal navigation project in 1960; Clearwater Pass Bridge built in 1962; Honeymoon Causeway built in 1964; the University of Florida COEL project in 1970; the south
jetty built in 1975; and the north jetty built in 1981. Mr. Olsen stated Dunedin Pass was actually growing prior to the construction of the Honeymoon Causeway.
Mr. Olsen reviewed projects with which he had been involved. In the panhandle his client was Santa Rosa County where a new inlet needed to be provided at Navarre Pass. A canal cut
through an island eventually closed. Five years ago, the county tried again to open the pass. He had to design an inlet for no net impact on the adjacent shoreline and in order to
meet water quality regulations, he installed a navigation lock with a self adjusting weir system so the waters could not mix. At Captain Sam's Inlet in South Carolina, they relocated
the inlet years ago, pushed the accretion lobe back and made a new cut. Material from the new cut was used to close the old pass. Big Hickory Pass in Lee County was a very small pass
that opened and closed. Lee County wanted the pass open for reasons of water quality and navigation. He indicated he formulated the plan within six to nine months and an open pass
is now the status quo. At Salt Cay in the Bahamas, an inlet was formed due to storms. He was asked to put in low level stabilization. He reviewed inlet management plans. He stated
for Nassau Sound, which was completed within 60 days, this provided for beach nourishment and a barrow site. Canaveral Harbor was a three year project of five to six subprojects including
jetties near a storm berm disposal with the sand eventually working its way back to the beach. He had permitting experience with this project. For the South Lake Worth Inlet, one of
the oldest in Florida, he was retained during litigation. In this unique project, sand had been bypassing the inlet since the 1930s. A recent judgement ruled that those responsible
for the inlet had to offset the damages to the lower ocean ridge. Fisher Island in Dade County required heavy stabilization through structures. Bonita Beach, Big Hickory Pass with
DER conditions to maintain open passes and Amelia Island with an erosion control structure were also reviewed.
Mr. Olsen reported the project manager will be Dr. Bodge with Mr. Olsen providing technical consultants. Subcontractors used will be Watts and Associates for survey work, Matrix Technical
Services for environmental work, and Deborah Getzoff with the firm, Fowler and White, for legal assistance. He stated some level of legal oversight would be needed during permitting
and subsequent processes.
Ms. Getzoff indicated projects she had worked on were the Ultimar Beach renourishment project on Sand Key, Longboat Key Beach restoration, and Sheraton Sand Key.
She served as assistant counsel for DER and DNR and has experience with 120 Hearings. She has not had to litigate appeals or third party challenges. Mr. Olsen said Ms. Getzoff has
professional respect and he considers her to be one of the best technicians for environmental law.
Mr. Olsen reviewed his task diagram stating there would be a quick reexamination of available information once the consultant is selected. An inlet management plan would be completed
to include the addition of existing and pending issues. Legal review would be a part of that plan and an executive summary and study would then be provided. The Commission would then
accept or modify the proposal and receive public input.
Next, the permit application would be pursued. If the agency permitted the opening, Olsen Associates would then design and construct the pass. If the agency denied the permit, or there
was a third party challenge, Olsen Associates would then proceed to an Administrative Hearing. If the Hearing Officer provided a negative response, the City would then need to either
litigate or withdraw the application.
He indicated the City can decide at any point whether or not it wishes to proceed. He reported DER/DNR have combined into a new agency, the Department of Environmental Protection (DEP).
He stated this project will be reviewed in a new manner.
Commissioner Berfield questioned if Mr. Olsen had any time frame for the whole process. Mr. Olsen indicated it would be two years before the project was completed.
Mayor Garvey questioned how long it would be before the permits were pursued. Mr. Olsen said theoretically 120 days. Ms. Getzoff estimated it could take 12 to 18 months, however, 12
months was average for a project of this type.
Commissioner Berfield questioned if Mr. Olsen had any experience with Administrative Hearings. Mr. Olsen said he probably had more than his competition. He has worked with all of the
legal firms in Tallahassee dealing with environmental issues.
Commissioner Berfield questioned his success/failure rate. He indicated it had been very positive. He stated his best reference would be his clients and the agencies.
Commissioner Thomas questioned Mr. Getzoff regarding how long she worked for the government. Ms. Getzoff indicated she started in 1979. From 1981 until 1984, she was Assistant General
Counsel to DER. From 1984 until 1987, she worked for DNR. Since 1987, she has been in private practice.
Commissioner Thomas questioned her success rate when working for the government. Ms. Getzoff indicated when she was working for DNR, she lost one out of 17 cases. She lost no cases
working for DER. He questioned her success in the private arena. She indicated she has obtained approximately forty permits for her clients. In response to a question from Commissioner
Thomas, Ms. Getzoff indicated she has worked with two of the other firms submitting proposals.
Commissioner Thomas questioned Mr. Olsen regarding the number of projects similar to this he has handled from start to finish. Mr. Olsen indicated the only failures he has had is when
clients decided they have had enough and have instructed him not to continue pursuit.
Commissioner Thomas questioned what Mr. Olsen considered to be the City's chances for successful conclusion. He indicated he did not have enough data at this time. He indicated he
would be able to tell the Commission within 60 days whether or not this is a reasonable project.
Commissioner Thomas questioned what would be the most important factor regarding water quality and whether it would be improving the bay or not letting the bay water get into the Gulf.
Mr. Olsen indicated his last experience was the agency deciding to keep a pass open for water quality.
Commissioner Thomas questioned the danger of losing beach to the south of the opened pass. Mr. Olsen indicated the inlet management plan would address this issue. He indicated this
would be a high maintenance scenario.
Commissioner Fitzgerald questioned the number of projects similar to this with which Mr. Olsen had been involved. Mr. Olsen indicated he has been involved with two thirds of the inlets
in the State, well over a dozen.
Commissioner Fitzgerald questioned his experience of Florida's west coast. Mr. Olsen indicated he studied the Clearwater Pass bridge for two years and did beach renourishment five years
ago with the groin to keep the sand to the north end of Sand Key on the south end of the beach.
Commissioner Fitzgerald questioned Dr. Bodge's involvement in the project. Mr. Olsen indicated he would be the principal investigator and preparer of the inlet management plan.
Commissioner Fitzgerald questioned with whom the Commission would deal. Mr. Olsen indicated the Commission would deal with both him and Dr. Bodge.
Mayor Garvey questioned if they would have the project defined before proceeding for permitting. Mr. Olsen indicated they would.
Mayor Garvey questioned who would be the primary participants in the work. Mr. Olsen indicated the principals would be the primary contacts.
Mayor Garvey questioned on what one project Olsen Associates should be judged. Mr. Olsen indicated the Canaveral Port Authority project.
The meeting recessed from 1:40 to 1:59 p.m.
Commissioner Thomas indicated he wished to receive a Dun and Bradstreet report on the firms before final ranking. It was requested that Mr. Baker and the City Manager provide the Commission
with their input. Mr. Baker indicated the decision should be based upon who could obtain the permit. He stated in permitting expertise, all of the firms appeared to be equal. In project
experience, they all seem to have done conceptual projects and again are equal. He stated that he considered Coastal Technology to be the strongest in experience regarding 120 Hearings.
In technical resources, he again felt Coastal Technology got the edge with the others having equal points. In project management, he indicated Mr. Olsen not bringing the actual project
manager was detrimental when all others identified themselves as the managers. He felt Coastal Technology had a better ability to persuade although he felt all four firms could do the
technical work.
The City Manager indicated he did not feel this was a complicated engineering problem but the issue was the battle in the 120 Hearing and the approach for addressing that. He stated
he ranked the first two presenters low because, while they had good engineering, they were not strong in permitting. He stated Coastal Technology showed a certain aggressiveness and
Olsen had recognized the need to bring on Ms. Getzoff in the early stages. He suggested the bottom line would be who could communicate with the agencies.
Commissioner Berfield pointed out Coastal Technology also mentioned the need for an attorney.
Mayor Garvey stated she was not impressed with Coastal Planning and Engineering.
Commissioner Deegan agreed, saying they had indicated they did not even know if they would go forward with the plan. He stated Coastal Technology had convinced him they would go forward.
He said he rated the first two firms low and the last two high.
Mayor Garvey again stated Coastal Planning and Engineering did not seem to grasp the scope of the project. Coastal Engineering Consultants seemed to know the area and she liked their
presentation. Regarding Coastal Technology, she found Mr. Walther's negative comments against the other three firms offensive. She did not feel he provided much information regarding
his technical expertise and experience and she did not feel he had adequate experience in inlet dredging. She stated she liked Olsen's experience and philosophy.
Commissioner Deegan pointed out that Coastal Technology had developed the first inlet management plan. Mayor Garvey stated that while they had done that, they did not have a lot of
other experience.
Commissioner Thomas stated the first presenter had the most similar projects. He said he was not impressed at all with Coastal Planning and Engineering. He said Coastal Technology
had been involved with the Jupiter Inlet project and was familiar with water quality questions. He noted they have been successful and felt they would be able to handle Clearwater's
project. He felt it was a tossup between Olsen & Associates and Coastal Technology. He would like to see the Dun and Bradstreet reports to verify who is successful
economically. He liked the "fight" of Coastal Technology and stated strategy would be the key. He ranked Coastal Technology number one, and Olsen Associates number two.
Commissioner Berfield stated she liked the fact that Coastal Engineering Consultants would be using Robin Lewis and was impressed they had included him in their team. She stated she
would eliminate Coastal Planning and Engineering. She pointed out that Coastal Technology was the only one that said they would have pre-application conference which impressed her.
She stated Mr. Walther, who will be handling the project, had mentioned the need for an attorney of which there are several good ones. She expressed concerns the Commission had not
met the project manager for the Olsen team. Her ranking would be: 1) Coastal Technology; 2) Coastal Engineering because of Mr. Lewis; 3) Olsen Associates; and 4) Coastal Planning and
Engineering.
Commissioner Fitzgerald agreed all had engineering expertise but he felt there was a need for a fresh approach. He ranked Coastal Engineering Consultants first because of their environmental
side. He stated Coastal Planning and Engineering only had one public involvement. Coastal Technology and Olsen both appear more traditional and tended toward a litigation point of
view. He stated he preferred Olsen over Coastal Technology and his ranking would be: 1) Coastal Engineering Consultants; 2) Olsen Associates; 3) Coastal Planning and Engineering; and
4) Coastal Technology.
Mayor Garvey reported her ranking would be: 1) Coastal Technology; 2) Olsen Associates; 3) Coastal Engineering Consultants; and 4) Coastal Planning and Engineering.
The City Manager requested what the Commission wished at this point. Discussion ensued regarding checking references and the City Manager reporting back.
Commissioner Deegan expressed concerns the Commission would not meet again for three weeks and questioned if the references and D&B reports were acceptable, if the City Manager could
begin negotiations with the top ranked firm.
Commissioner Deegan moved to rank the firms as follows: 1) Coastal Technology; 2) Olsen Associates; 3) Coastal Engineering Consultants; and 4) Coastal Planning and Engineering and to
authorize the City Manager to check references and to obtain a Dun and Bradstreet report and if those check out to begin immediate negotiations with the number one ranked firm and to
bring a contract back to the Commission for approval. The motion was duly seconded and carried unanimously.
ITEM #2 - Ad Valorem Tax Millage Rate for Fiscal Year 1993-94
In accordance with the trim bill process, it is necessary for the City Commission to adopt a tentative millage rate prior to finalizing and adopting the budget. The tentative millage
rate will be included in the trim notices sent to taxpayers by the County Property Appraiser and cannot be increased without special mailing. However, the millage may be decreased prior
to the adoption of the final budget.
The City Manager's recommended millage rate of 5.1158 mills is the same as the 1992-93 rate. If the recommended rate is approved, all advertising requirements will indicate no tax increase
for fiscal year 1993-94.
The rolled back rate, which is the rate when applied to the tax base exclusive on new construction, would provide the same tax revenue to the City as was levied in the previous year
at 5.1650 mills. Adoption of the rolled back rate would provide $196,172 of additional ad valorem tax revenues above the City Manager's recommended budget.
Commissioner Fitzgerald moved to adopt a tentative millage rate of 5.1158 mills for fiscal year 1993-94 and set public hearing on the budget for September 2, 1993 and September 16, 1993,
to be held no earlier than 6:00 p.m. The motion was duly seconded and carried unanimously.
The City Manager requested dates for budget sessions be established. Consensus of the Commission was to schedule August 10, 1993, at 9:00 a.m., August 20, 1993, at 10:00 a.m., and August 31, 1993,
at 9:00 a.m.
The City Manager questioned if the City Commission wished to schedule a Town Meeting on the budget. Consensus was to schedule a Town Meeting for August 9, 1993, from 7:00 until 9:00
p.m. at the East Library.
ITEM #3 - Adjournment
The meeting adjourned at 2:35 p.m.