Broward County Commission Regular Meeting


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AI-29243 32.       
Meeting Date: 06/11/2019  
Director's Name: Henry A. Sniezek
Department: Environmental Protection Division: Environ. Planning & Comm. Resilience

Information
Requested Action
A. MOTION TO APPROVE Memorandum of Agreement with the U.S. Army Corps of Engineers for costs ($710,000) related to placement of beach compatible sand from Port Everglades Inlet onto the beaches at Dr. Von D Mizell-Eula Johnson State Park as part of the larger Port Everglades Federal Navigation Channel maintenance dredging project in substantially the form attached as Exhibit 2 and authorize the County Administrator to take any and all necessary administrative and budgetary actions required for implementation and execution subject to final review and approval as to form by the Office of County Attorney. (Commission Districts 6 and 7)

ACTION:  (T-10:51 AM)  Approved.

VOTE: 9-0.  Vice-Mayor Holness voted in the affirmative telephonically.


B. MOTION TO APPROVE Certification of Lands with the U.S. Army Corps of Engineers for the placement of sand from Port Everglades Inlet onto the beaches at Dr. Von D Mizell-Eula Johnson State Park in substantially the form attached as Exhibit 4 and authorize the County Administrator to take any and all necessary administrative and budgetary actions required for implementation and execution subject to final review and approval as to form by the Office of County Attorney. (Commission Districts 6 and 7)

ACTION:  (T-10:51 AM)  Approved.

VOTE: 9-0.  Vice-Mayor Holness voted in the affirmative telephonically.


C. MOTION TO APPROVE Use Agreement with the Florida Department of Environmental Protection for the placement of sand from Port Everglades Inlet onto the beaches at Dr. Von D Mizell-Eula Johnson State Park in substantially the form attached as Exhibit 6 and authorize the County Administrator to take any and all necessary administrative and budgetary actions required for implementation and execution subject to final review and approval as to form by the Office of County Attorney. (Commission Districts 6 and 7)

ACTION:  (T-10:51 AM)  Approved.

VOTE: 9-0.  Vice-Mayor Holness voted in the affirmative telephonically.
Why Action is Necessary
A. Delegation of authority by the Board of County Commissioners is required for the County Administrator to execute the Memorandum of Agreement on behalf of the Broward County Board of County Commissioners.

B. Delegation of authority by the Board of County Commissioners is required for the County Administrator to execute the Segment III Certification of Lands on behalf of the Broward County Board of County Commissioners.

C. Delegation of authority by the Board of County Commissioners is required for the County Administrator to execute the Use Agreement on behalf of the Broward County Board of County Commissioners.
What Action Accomplishes
A. Authorizes the County Administrator to execute the Memorandum of Agreement with the U.S. Army Corps of Engineers.

B. Authorizes the County Administrator to execute the Certification of Lands with the U.S. Army Corps of Engineers.

C. Authorizes the County Administrator to execute Use Agreement No. U-0002 with the Florida Department of Environmental Protection.
Is this Action Goal Related
 
Previous Action Taken
 None taken.
Summary Explanation/Background
THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE ENVIRONMENTAL PLANNING AND COMMUNITY RESILIENCE DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTIONS.

This item supports the Board’s Value of “Encouraging investment in renewable energy, sustainable practices and environmental protection” and Goal 2: Proactively lead in the planning, design and construction of projects to support community resilience and climate adaptation by ensuring that publicly accessible beaches are sufficient in dimension (i.e. >75 feet in width) to provide storm protection, recreational opportunities, and sea turtle nesting habitat.

The U.S. Army Corps of Engineers (Corps) is planning to perform a maintenance dredging project for the Port Everglades Federal Navigation Project (Federal Project) starting in Fall 2019/Winter 2020. Of materials to be excavated from the navigation channel, it is expected than some can be of beneficial use to the County’s Beach Management Program. Based upon Corps projections, it is currently estimated that approximately 40,000 cubic yards (cy) of the material to be removed from the Port Everglades navigation channel is clean, beach compatible sand. The Memorandum of Agreement, Use Agreement, and Certification of Lands allow for the Corps to place beneficial use sand along the Dr. Von D Mizell-Eula Johnson State Park shoreline.

For Federal Navigation Project maintenance, the Corps pays 100% of the cost for the “least cost” plan or option, which is offshore disposal. In order to keep beach compatible sand within the system, the Corps allows for the local sponsor (Broward County) to pay the incremental cost for preferred disposal (i.e., beach placement). The Corps has calculated the differential in cost plus contingency for least cost option versus putting sand on the beach as $710,000.

The probable maximum differential cost for beach placement is equivalent to about $17.75 per cubic yard, which does not include monitoring and maintenance or other soft costs that might be required. In comparison, the effective cost to place the sand dredged from the channel in 2005/06 and 2013 was approximately $16 per cubic yard, and real costs for recent truck haul projects in Broward County using upland sands have been approximately $50 per cubic yard, plus mitigation, monitoring, and other soft costs. Presumably any required monitoring will be minimal and limited only to the beach placement area due to the small size of this project. Staff does not anticipate any required mitigation for this placement project at Dr. Von D Mizell-Eula Johnson State Park.

Staff has investigated the possibility of State cost-share for this project. Inquiries to the State indicate there is a chance that this project may qualify for retroactive reimbursement at 100% State cost-share through the Department of Environmental Protection’s Beach Management Funding Assistance Program.

Given the short notice of this opportunity, no funds have been budgeted specifically for this project by the County. To pursue the project in the proposed timeframe, staff recommends using funds from the Port Everglades Inlet Management Plan Sand Recovery Reserve.

In order to meet the strict timeline requirements provided by the Corps for the maintenance dredging for the Port Everglades Navigation Project and associated beach fill placement, expedited execution of all requisite documents is required. The Corps is requesting that all project contracts and agreements be executed no later than mid-June, with project construction anticipated to start Fall 2019. County staff is coordinating with federal and state agency partners to receive final form agreements for legal review and approval. The proposed motions seek the Board of County Commissioner’s authorization for the County Administrator to execute these requisite contracts and agreements upon final legal approval.
Source of Additional Information
Dr. Jennifer Jurado, CRO/Director, EPCRD, (954) 519-1464 

Fiscal Impact
Fiscal Impact/Cost Summary:
 The fiscal impact of this action is $710,000 from the Beach Renourishment Capital Program.
Attachments
Exhibit 1 - MOA Agreement Summary
Exhibit 2 - MOA Dredged Material Alternative
Exhibit 3 - Certificate of Lands Agreement Summary
Exhibit 4 - Certification of Lands
Exhibit 5 - Use Agreement Summary
Exhibit 6 - Use Agreement


    

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