TOWN OF PALM BEACH Town Manager s Office

Transcription

1 TOWN OF PALM BEACH Town Manager s Office SHOE POTECTION BOAD MEETING TENTATIVE- SUBJECT TO EVISION **EVISED AGENDA** THUSDAY, JANUAY 24, :00 AM TOWN COUNCIL CHAMBES 360 SOUTH COUNTY OAD WELCOME! The progress of this meeting may be monitored by visiting the Town s website ( and selecting Live Meeting Audio under the Your Government tab. If you have questions regarding that feature, please contact the Office of Information Systems (561) The audio recording of the meeting will appear within 24 hours after the conclusion of the meeting under Agendas, Minutes, and Audio. I. CALL TO ODE II. OLL CALL E. Llwyd Ecclestone, Chair Lewis Katz, Vice-Chair Kane Baker, Shore Protection Board Member Melissa Ceriale, Shore Protection Board Member James C. Gavigan, Shore Protection Board Member euben B. Johnson, III, Shore Protection Board Member Harvey Kinzelberg, Shore Protection Board Member Stephen Jacoby, Shore Protection Board Alternate Member Warren Belmar, Shore Protection Board Alternate Member William Lorentzen, Shore Protection Board Alternate Member III. IV. PLEDGE OF ALLEGIANCE APPOVAL OF AGENDA V. SWEAING IN OF APPOINTED MEMBES VI. VII. ELECTION OF CHAI FO 2019 SHOE POTECTION BOAD ELECTION OF VICE-CHAI FO 2019 SHOE POTECTION BOAD Post Office Box 2029 * 360 South County oad * Palm Beach, Florida Telephone (561) * Facsimile (561) * townmanager@townofpalmbeach.com

2 VIII. IX. APPOVAL OF THE MINUTES OF THE NOVEMBE 29, 2018 MEETING COMMUNICATIONS FOM SHOE POTECTION BOAD MEMBES X. COMMUNICATIONS FOM CITIZENS - 3 MINUTE LIMIT PLEASE XI. XII. XIII. XIV. XV. XVI. XVII. CUENT SHOELINE CONDITIONS [obert Weber, Coastal Program Manager] 2018 TOWNWIDE SEDIMENT BUDGET EVIEW AND EOSION ATES DISCUSSION [obert Weber, Coastal Program Manager, and Michael Jenkins, Ph.D., P.E., Coastal Engineering Principal, Applied Technology & Management, Inc.] THE BEAKES/CLAKE AVENUE/MID-TOWN TECHNICAL ADVISOY COMMITTEE ESULTS [Michael Jenkins, Ph.D., P.E., Coastal Engineering Principal, Applied Technology & Management, Inc.] PESENTATION OF COASTAL VULNEABILITY STUDY [9:15am Time Certain] [obert P. Hamilton, President, Woods Hole Group, Inc.] COASTAL POJECTS UPDATE [obert Weber, Coastal Program Manager] Lake Worth Inlet Maintenance Dredging Sand Forepassing 2019 Mid-Town Beach Nourishment 2019 Phipps Ocean Park Beach Nourishment Dune Planting each 8 Groin ehabilitation Annual Beach Management Agreement Meeting, February 28, 2019 SCHEDULING OF NEXT SPB MEETINGS [H. Paul Brazil, P.E., Director of Public Works] SPB Workshop, March 21, 2019 egular SPB Meeting, April 25, 2019 o FY 2020 Coastal Management Program Budget ANY OTHE MATTES XVIII. ADJOUNMENT Note: Disabled persons who need an accommodation in order to participate in the Town Council Meeting are requested to contact the Town Manager s Office at or through the Florida elay Service by dialing for voice callers or for TDD callers, at least two (2) working days before this meeting.

3 TOWN OF PALM BEACH Town Manager s Office MINUTES OF THE SHOE POTECTION BOAD MEETING HELD ON THUSDAY, NOVEMBE 29, I. CALL TO ODE The Shore Protection Board meeting was called to order on Thursday, November 29, 2018, at 9:00 a.m. in the Town Council Chambers. II. OLL CALL On roll call, all of the board members and alternate board members were present with the exception of Lewis Katz, Vice-Chair, who had an excused absence. III. PLEDGE OF ALLEGIANCE Chair Ecclestone led the Pledge of Allegiance. IV. APPOVAL OF AGENDA Motion was made by Board Member Jacoby, and was seconded by Board Member Johnson. The motion carried unanimously. V. APPOVAL OF THE MINUTES OF THE MACH 29, APIL 26, AND MAY 24, 2018 MEETINGS Motion was made by Board Member Johnson and seconded by Board Member Jacoby to approve the March 29, 2018 minutes. The motion carried unanimously. Motion was made by Board Member Gavigan to approve and seconded by Board Member Jacoby to approve the April 26, 2018 minutes. The motion carried unanimously. Motion was made by Board Member Gavigan and seconded by Board Member Jacoby to approve the May 24, 2018 minutes. The motion carried unanimously. VI. COMMUNICATIONS FOM SHOE POTECTION BOAD MEMBES Alternate Board Member Lorentzen communicated there was a lot of seaweed this summer and the beaches are in good shape. Lorentzen indicated that the Gulfstream groin is holding up very well it s catching a lot of sand on the up-drift side, the down-drift side is a little bit low on sand but is to be expected, it will fill in when sand gets around groin. Page 3 of 59

4 MINUTES OF THE SHOE POTECTION BOAD HELD ON MONDAY, NOVEMBE 29, Alternate Board Member Belmar stated that, as volunteers, it would be helpful if staff kept the Shore Protection Board aware, contemporaneously, of relevant happenings in Town rather than having the Shore Protection Board not being advised of such developments until its next meeting. Belmar continued that in March a question was raised by the Shore Protection Board regarding Town liability with respect to the groins. As the Town Attorney issued an opinion to the Town Council back in June, Belmar requested that the Shore Protection Board be sent a copy. Director of Public Works, Paul Brazil, responded that staff will get an excerpt from that Council meeting to share with the Shore Protection Board. Board Member Ceriale asked for the attorney s opinion. Director Brazil indicated that there is a new liability, but there are also limits to the Town s liability as a government entity, so it didn t drive Council in one direction or another. The conversation about the groins concluded with staff reminding the Board that Council directed staff to secure the permit. Board Member Baker asked about the private groins. Director Brazil responded they are private. Brazil indicated the Town already has an existing liability for their own groins. If the Town touches the groins on private property, is the Town inheriting a new liability that the Town didn t have before. The answer is yes, the Town is, but there are limits to the liability as the Town is a government entity. Board Member Kinzelberg asked if the Town will pay on current groins on private property. Director Brazil responded that in the past, the demolition of the old and the construction of the new will be paid by the Town. Board Member Kinzelberg asked currently who is liable if there is an injury on those groins. Director Brazil replied there have been a few injuries which isk Management was informed and said they were not The Town s. Property owners groins, are their responsibility. The Town has never been sued. Chairman Ecclestone asked with new design of groins, Coastal Program Manager, obert Weber, should go around to the property owners to get approvals. Manger Weber responded that if the Town moves forward, easements would be gathered from all the property owners. Board Member Gavigan asked what the time line is. Director Brazil responded that right now the direction from Town Council is to secure the permit. As far as implementing a program, there is no time line and there is no financing. Manager Weber has a draft permit from the Army Corps of Engineers and is working with language to make sure it meets the Town s needs and the special conditions meet the Town s expectations. Manager Weber expects permit issued with changes in the next few days. Anticipation was for January s meeting to have a deeper conversation for receipt of permit and including liability. Chairman Ecclestone does not remember approving to see where groins are going to be installed. Director Brazil indicated that the Town-wide groin rehabilitation program was presented to the Shore Protection Board, who recommend approval from Town Council, and that is what the Town is getting permits for. There are specific locations of what comes out and what goes in and where. Chair Ecclestone asked for drawings of existing groins and where the new ones will go, that would be wonderful for the Board. Director Brazil Page 2 of 5 Page 4 of 59

5 MINUTES OF THE SHOE POTECTION BOAD HELD ON MONDAY, NOVEMBE 29, said it is in the Groin ehabilitation Program and staff can distribute it to the Board again. Board Member Ceriale asked for an update on The Breakers situation. Coastal Manager Weber replied that the Technical Advisory Committee has met online, and not in person, since the Board last met. The modeling has taken them longer by a few months. Staff will have results in time for the January meeting. The results will be presented at the January meeting. Board Member Johnson is looking forward to the future and function of the Shore Protection Board as he is interest in all the time spent for the meetings and is mindful of that. Member Board Member Johnson inquired how can we make the Shore Protection Board more efficient, is the Board s efforts helpful to the Town Council. Board Member Gavigan indicated that the groin rehabilitation program, the 15 year period, and nothing has been done. There is a big turnover by commissioners and county members, people being re-educated. It s disappointing. It s dangerous as the problem is not being taken care of. Director Brazil responded that the original Shore Protection Board was put in to place to help develop a long term program, the program was defined, peered reviewed, financed, the Shore Board was dissolved, and staff implemented that program. The second Shore Board was put into place because the Town was coming to the end of that program and challenges were changing. It took 3-4 years of education, building relationships with regulatory, and finally put together another 10 year program which is being implemented now. The Town-wide groin program was never part of that program. Town Council Member Lew Crampton addressed the Board to share that there was no mention about the amount of funding for projects that have been secured by the Mayor and Manager Weber and federal and state sources. That should brighten the outlook that some of this work will be done. Board Member Ceriale shared that she has been on the Board for close to two (2) years and has a high level of frustration on how things are being perceived, the time and money spent is distressing to everybody. Member Ceriale expressed that there are the same items over and over again that the Board spends an extraordinary amount of time rehashing and the Shore Protection Board does not feel productive. The Town Council is not getting anything new from the Board. There needs to be a better system in place, a communication should be put in place. There will be less frustration and the Board can be productive. Director Brazil replied that these programs take years and they are rehashed because staff is working on the same projects. Member Ceriale says the Board would like an update and wants an acknowledgment that things are moving and, giving recommendations Town Council Member Julie Araskog voiced there was no suggestion of eliminating Shore Protection Board, there are recommendations for every Board. Alternate Board Member Baker said that the Shore Protection Board is here for a reason Page 3 of 5 Page 5 of 59

6 MINUTES OF THE SHOE POTECTION BOAD HELD ON MONDAY, NOVEMBE 29, and serves a good purpose. Member Baker asked what is the Shore Protection Board s job to communicate to public and to facilitate turtle nesting and beach cleanup, the Board would like to think they have a stronger purpose. Director Brazil replied that the Board s purpose is to provide guidance to Town Council to dig into what does the program look like, is it reasonable, how are beaches performing and, what next phase is, what are we looking at in the next 10 years, what does it look like after these 5 years after that. That is what Town Council needs from the Shore Protection Board. Board Member Ceriale asked to make a motion for workshop to discuss with staff what is the best purpose of this group and what is Board s mission and goals. Director Brazil suggested that a motion was unnecessary and a workshop would be worked in to future meetings. VII. COMMUNICATIONS FOM CITIZENS - 3 MINUTE LIMIT PLEASE There were no communications from citizens. VIII. HISTOICAL AND CUENT SHOELINE CONDITIONS [obert Weber, Coastal Program Manager] Coastal Program Manager, obert Weber, presented historical and current pictures of shoreline conditions. IX. COASTAL POJECTS UPDATE [obert Weber, Coastal Program Manager] Coastal Program Manager obert Weber proceeded with project updates. X. DAFT ANNUAL SHOE POTECTION BOAD EPOT TO TOWN COUNCIL Coastal Program Manager obert Weber said if the Shore Protection Board approves the report, it will go to the Town Council meeting December 11, Alternate Board Member Belmar proposes changes to 2018 Coastal Protection Projects. Motion was made by Board member Kinzelberg to approve Annual eport. Motion seconded by Board Member Ceriale. The Motion carried unanimous. XI. SCHEDULING OF FUTUE MEETINGS Public Works Director, Paul Brazil said that the Town Manager and Town Council questioned, for all commissions, should the number of meetings be minimized as Town Council believes the Shore Protection Board is necessary and meeting on a regular basis is there value, as there is a lot of staff time that goes into meeting preparation. Meeting every month is not the answer, however, where is the happy medium to give advice to Town Council. Chairman Ecclestone suggests meeting as necessary. Board Member Ceriale inquired when is Town Council looking to make a decision on the Page 4 of 5 Page 6 of 59

7 XII. XVI. MINUTES OF THE SHOE POTECTION BOAD HELD ON MONDAY, NOVEMBE 29, 2018 Shore Protection Board future meetings. Manager Weber replied that Town Council said staff is to work with the Board to find a solution with the Board. Member Ceriale asked should time be spent on a workshop to come together in lieu of meetings. Director Brazil suggests staff gives very brief back-up, but history what the previous Shore Board did, how the Town transitioned that there is a need for a new Board, history of what was done. Member Kinzelberg asked if the Board can have GANTT charts for major projects in between meetings in lieu of meetings. Director Brazil said when working with capital projects, there is a breakdown in the form of a worksheet indicating what staff is doing, what is the cost, what is the major elements, there is a text breakdown, the schedule is the back-ground and the update. Director Brazil said if there is no meeting, staff can send charts to update the Board via . Woods Hole asked to move January 31, 2019 meeting to January 24, Board Member Johnson suggested a workshop occur. Director Brazil indicated possibly March 21, 2019 for a workshop. Staff owes the Shore Protection Board an update on Town Council actions as they occur. Staff will look at photo history to be used for source for public outreach and goodwill to program. Board Member Jacoby said that the Shore Protection Board should relay to the community to do whatever needs to be done to let people understand that this is an issue. esident Mr. Silvin serves as Vice President of the Landmark Commission, he shared that it is beneficial and offered to set up audio for Town Council meetings so complete information circle is relayed to the Board. ANY OTHE MATTES ADJOUNMENT There being no further business, the Shore Protection Board of November 29, 2018, was adjourned at 12:00 p.m. Meeting audio is located at: APPOVED: E. Llwyd Ecclestone Chairman Page 5 of 5 Page 7 of 59

8 TOWN OF PALM BEACH Information for Shore Protection Board Meeting on: January 24, 2019 TO: FOM: VIA: E: Shore Protection Board Kirk W. Blouin, Town Manager obert Weber, Coastal Program Manager 2018 Town-wide Sediment Budget eview and Erosion ates Discussion Item XII. DATE: January 15, 2019 STAFF ECOMMENDATION Town staff requests that the Shore Protection Board (SPB) review the attached information and provides direction deemed necessary. GENEAL INFOMATION Each year, the Town contracts with a consultant to complete Town-wide physical surveys. This year, the survey was performed by Applied Technology & Management, Inc. (ATM). These surveys are generally conducted in the late summer/fall season. This data is used to compare the short-term change (annual) and the long-term change (20+ years, since the 1990 baseline) of both shoreline position and sand volume. ATM organizes all physical monitoring data into a Town-wide report that is referred to as the Sediment Budget. The purpose of the Sediment Budget is to provide an analysis of the Townwide coastal processes including volumetric change data. This analysis aids the Town in planning and implementing appropriate shore protection projects. The Executive Summary of the Sediment Budget is attached. An explanation of the attached text, maps and figures will be provided in a presentation by ATM at the January 24, 2019 SPB meeting. Although the Executive Summary and the maps have been produced for the SPB (see attached), the Town-wide 2018 Physical Monitoring eport has not yet been finalized by ATM. Following ATM s completion of the final report, Woods Hole Group (WHG) will provide an independent review of the data and produce a supplement document to the 2018 Sediment Budget. WHG s review of the Sediment Budget is part of their overall annual review of the entire coastal program as specified in the Town s 10-Year Coastal Management Program. Page 8 of 59

9 FUNDING/FISCAL IMPACTS There are no funding or fiscal impacts from this item. The Coastal Management Program budget includes funding for the annual physical monitoring and reporting efforts. Attachments cc: Jay Boodheshwar, Deputy Town Manager H. Paul Brazil, P.E., Director of Public Works Patricia Strayer, P.E, Town Engineer Michael Jenkins, Ph.D., P.E., Applied Technology & Management, Inc. Bob Hamilton, P.E., Woods Hole Group, Inc. Page 9 of 59

10 Town of Palm Beach Town-Wide 2018 Physical Monitoring eport Prepared By: Prepared For: Palm Beach Island Beach Management Agreement (BMA) IPA Permit Number: BMA & IPA Permit Number: BMA January 2019 Page 10 of 59

11 Town of Palm Beach 2018 Town-Wide Physical Monitoring eport EXECUTIVE SUMMAY This report provides a summary of the Town of Palm Beach shoreline and beach volumetric performance based on physical monitoring data collected in September 2018 as compared to previous monitoring surveys. Additional analysis is provided regarding shoreline conditions north of the Lake Worth Inlet. Analysis of the 2018 Town-Wide survey data suggest that over the most recent monitoring period, the Town s shorelines exhibited losses in volume throughout the Town, with a total net volume loss of 2,062,152 cubic yards (cy) as measured out to a depth of ft. which is the recognized depth of closure (DOC). This overall loss is largely related to Hurricane Irma. All reaches experienced losses with the greatest losses occurring in each 7 (Phipps) with losses of 414,847 cy. out to the DOC. eaches 3 & 4 (Mid-Town) had a combined loss of 708,507 cy. out to the DOC and eaches 5 and 6 saw significant losses of 326,888 and 360,447 cy, respectively, out to DOC. The general trends show that sand migrated offshore and to the south. There is a total overall gain of 98,161 cy in the region of the profile from the foot contour to the DOC. While the DOC is generally the limit in which observable changes occur, analysis of the full profile out to the -40 foot contour showed gains seaward of the DOC of 371,893 cy. Long term, the Town's beaches have shown positive trends in both shoreline position and average beach volume, though these gains are not evenly distributed. In comparison to 1990 conditions, approximately 9.4 miles or 77 percent of the Town s shoreline has exhibited shoreline advance. This is a slight increase in comparison to Since 1990, the Town s beaches have exhibited a net volumetric gain of 2,205,109 cy. Over this monitoring period, approximately 2.0 miles (16.3 percent) of the Town s shoreline has experienced net volumetric gains (above the NAVD contour). This represents a decrease in comparison to the 2017 estimate of 2.7 miles (22.2 percent). The 2018 sediment budget suggests that over this time period, the beaches of the Town (out to a depth of feet) have gained sand at a rate of 74,034 cubic yards per year (cy/yr), on average, since The long-term construction of beach projects in Mid-Town and Phipps has contributed significantly to this positive rate, adding approximately 215,885 cy/yr, on average, to the system. Accounting for this placement, the beaches of the Town have exhibited a net volumetric deficit on the order of 137,131cy/yr over this time period. This value is an increase in the deficit estimate in comparison to the 2017 deficit value of 130,241 cy/yr. This value quantifies the annual volumetric need for the Town s shoreline and does not account for inlet sand bypassing at Lake Worth Inlet [both through maintenance dredging and the Sand Transfer Plant (STP)]. Assuming future conditions remain similar to the long-term monitoring trend, this conclusion suggests that a volume on the order of 137,131 cy/yr must be placed on an average-annual basis to maintain the current volume of sand within the Town s boundaries (independent of sand bypassing operations at the inlet). This value does not address the potential loss/gain of sand to the system associated with inlet maintenance and STP operations. The results of the data analysis by reach are provided in the following table. i Page 11 of 59

12 Location Table E.S. 1 Data Analysis esults Short-Term Changes August 2017 to September 2018 Average (MHW) Shoreline Change: each 1: (6 to 8) each 2: (8 to ) eaches 3 & 4: ( to ) each 5: ( to ) each 6: ( to ) each 7: ( to ) each 8: ( to -134) Town-Wide Volumetric Changes (to -26.2* feet): each 1: (6 to 8) each 2: (8 to ) eaches 3 & 4: ( to ) each 5: ( to ) each 6: ( to ) each 7: ( to ) each 8: ( to -134) Town-Wide Long-Term Changes August 1990 to September 2018 Average (MHW) Shoreline Change: each 1: (6 to 8) each 2: (8 to ) eaches 3 & 4: ( to ) each 5: ( to ) each 6: ( to ) each 7: ( to ) each 8: ( to -134) Town-Wide Volumetric Changes (to -26.2* feet): each 1: (6 to 8) each 2: (8 to ) eaches 3 & 4: ( to ) each 5: ( to ) each 6: ( to ) each 7: ( to ) each 8: ( to -134) Town-Wide *Note All years prior to 2012 calculated to 26.5 feet NGVD Change 4.8 feet feet -1.8 feet feet feet -54.8feet -2.6 feet feet -131,781 cy -34,938 cy 08,507 cy -326,888 cy -360,447 cy -414,847 cy -84,743 cy -2,062,152 cy feet 35.6 feet 43.6 feet 41.3 feet 27.1 feet 42.0 feet 4.1 feet 37.6 feet 573,619 cy -238,916 cy 447,487 cy 439,487 cy 103,562 cy 931,021 cy -51,432 cy 2,205,109 cy ii Page 12 of 59

13 SUMMAY OF SHOELINE PEFOMANCE BY EACH each 1: (6 to 8) each 1 experienced a net shoreline decrease of 74.8 feet during this monitoring period. Volumetric losses were at 131,781 cy, with the 97% of the loss occurring seaward of the MHW line. Overall, this reach has exhibited a long-term substantial net shoreline advance of feet and volumetric gain (to the DOC) of 573,619 cy since This long-term advance in shoreline and volume is associated with discharge by the STP within this reach and direct placement of material from inlet maintenance operations. each 2: (8 to ) Over this monitoring period, the each 2 shoreline had an average recession of 13.6 feet. Both gains and losses occurred throughout the reach. In total, the reach lost a net volume of 34,938 cy. Volumetric losses were most prominent from 8 through 9 and -85 to -90 to the DOC. Losses of 159,630 cy were also observed beyond the DOC out to a depth of -40 feet. Since 1990, the reach has exhibited a net shoreline advance of 35.6 feet, although this gain primarily occurs within the northernmost portion of the reach between 8 and -80. Overall, this reach has lost a net volume of 238,916 cy since each 2 exhibits the most significant net long-term loss of volume between -86 and -88. eaches 3 & 4: ( to ) This segment comprises both north and south segments of the Mid-Town Beach enourishment project. Over this monitoring period, the reach exhibited a net shoreline recession of 1.8 feet. ecession was observed between -90 and -93 and -98 and Significant accretion was observed between -93 and -97 with the most significant shoreline advancement observed at -95 and -96 with and 103 feet respectively. This is inconsistent with previous monitoring which observed recessions within the central portion of the Mid-Town segment. This segment exhibited a net volumetric loss of 708,507 cy. Average losses of 54,500 cy were consistently observed at each profile location. Gains were observed above the MHW line between -92 and -97 with losses in the extreme northern and southern portions of the Mid-Town shoreline segment. The most significant losses occurred in the nearshore between MHW and the foot contour. Observable losses due to Hurricane Irma totaled 481,141 cy to the DOC for the Mid-Town segment of shoreline. Since 1990, this shoreline segment has exhibited a net increase in volume of 447,487 cy and an average advance in shoreline position of 43.6 feet due to direct sand placement. These significant gains are directly attributable to repeated renourishment efforts within this area. These gains occur throughout this shoreline segment, including in the areas of recession noted within this monitoring period. iii Page 13 of 59

14 each 5: ( to ) Over the current monitoring period, each 5 has experienced a net average shoreline recession of 21.5 feet, with losses occurring throughout the reach. ecession was greatest in the northern part of the reach with 35.5 feet at -103 and gradually diminishing to the south with a measured recession of 0.3 feet at The reach exhibited a net volumetric loss of 326,888 cy. Losses were consistent throughout the reach. Small gains above MHW were only observed in the southern portion of the reach between -109 and Gains of 103,009 cy were observed in the offshore, between feet and the DOC further demonstrating the movement of sand offshore. Long term, this area has experienced a net shoreline advance of 41.3 feet since 1990 and has gained approximately 439,769 cy (above feet NAVD) throughout the entire shoreline segment. Gains in shoreline position and volume are directly attributable to the movement of material into each 5 from the Mid-Town beach projects within eaches 3 & 4. The lack of sand within the Mid-Town segment contributes to the recession of shoreline within this reach. Lacking regular renourishment of the Mid-Town Project, this reach would likely revert to a net erosion/recession condition consistent with conditions present prior to the initiation of the beach nourishment program. each 6: ( to ) Over the most recent monitoring period, each 6 exhibited a net shoreline recession of 38.4 feet with the highest recession occurring between -113 and -114 with losses of 72 feet at each location. each 6 exhibited a net volumetric loss (to the DOC) of 360,888 cy. Considerable losses were observed throughout this reach. Since 1990, each 6 has exhibited a net shoreline advance of 27.1 feet and volumetric gain of 103,562 cy (to the DOC). In general, each 6 has remained stable, with a long-term trend of shoreline advance and volumetric gains. Much of this behavior can be attributed to the down-drift effect of the Mid-Town nourishment projects, which have provided a sediment source to both eaches 5 and 6. The monitoring data suggest that the functional limit of this beneficial down-drift effect occurs within each 6, in the vicinity of the FDOT revetment (between -111 and -116). each 7: ( to ) Over the most recent monitoring period, the each 7 shoreline has experienced a net recession of 54.8 feet, with losses observed throughout the reach. Over this monitoring period, each 7 lost a net volume of 414,847 cy, with the greatest losses occurring in the central portion of the reach. The most recent renourishment of the Phipps/each 7 section of the shoreline occurred between January and April 2016, during which time 1,022,318 cy of beach-quality material was placed. This loss is still partly attributable to equilibration of the material placed within the reach. Since 1990, each 7 has exhibited a net average advance of 42.0 feet. The reach has exhibited a net volumetric gain of 931,021 cy since Gains have occurred throughout the reach and are attributable to both the 2016 nourishment effort and a residual volume of sand remaining in the reach from the 2006 nourishment event. iv Page 14 of 59

15 each 8: ( to -134) Over the past year, each 8 exhibited a net shoreline recession of 2.6 feet. Shoreline losses occurred throughout most of the reach, apart from monuments -130, which had a gain of feet and -133 which gained This reach exhibited a net volumetric loss of 84,743 cy over this monitoring period, with losses occurring primarily above MHW and within the nearshore. Gains were observed in the offshore portion, between the and the foot contour with measurable gains observed beyond the DOC out to the -40 foot contour. Since 1990, each 8 has exhibited a net average gain of 4.1 feet, with recession generally observed at the north end of the reach and accretion most prominent in the southern portions of the reach. Since 1990, the reach has exhibited a net loss of 51,432 cy (to the DOC). Beaches North of Lake Worth Inlet Given the concern regarding the potential supply of sand to the STP, the Town s monitoring program has been extended north to include monuments up-drift of the inlet. Over this monitoring period, the 7,152-foot shoreline segment north of the inlet (from -68 to 5) exhibited a net volumetric loss of 425,102 cy. This behavior continues a negative trend within this region that occurred over the previous monitoring period, however, much of this loss may be attributable to Hurricane Irma. The area retains a positive gain in volume in comparison to the condition in It is also notable that the STP has been operational over the past 4 years. eview of the profile at 5 showed gains in the immediate nearshore and suggests that there is capacity for deposition within the expanded settling basin associated with the inlet. In total, the monitoring data do not suggest an immediate deficit in volume within this reach that would impair the ability of the STP to transfer sand into each 1. v Page 15 of 59

16 each each 1 each 2 eaches 3 & 4 each 5 each 6 each 7 each 8 each 1 Profile each 2 eaches 3 & 4 each 5 each 6 each 7 each 8 Town-Wide Average August 1990 to November 2008 November 2008 to September 2009 September 2009 to October 2010 August 1990 To October 2010 October 2010 to October 2011 October 2011 to August 2012 Table 1 Shoreline Changes (feet) August 2012 to December 2012 August 1990 to December 2012 August 2012 to July 2013 December 2012 to July 2013 July 2013 to October 2014 October 2014 to August 2015 August 2015 to September 2016 September 2016 to August 2017 August 2017 to September August 1990 to August 2018 Page 16 of 59

17 FDEP POFILES EACH 2 SEAWALL 100 ETEAT ADVANCE MHW SHOELINE CHANGE (ft) STP DISCHAGE 2016 INLET MAINTENANCE PLACEMENT LEGEND AUG to AUG AUG to SEP EACH EACH EACH 1 Figure 1a Shoreline Changes N NOTES: 1. DATE OF AEIAL PHOTOGAPHY IS JUNE Page 17 of 59

18 MID-TOWN POJECT AEA MID-TOWN NOTH POJECT SEGMENT MID-TOWN SOUTH POJECT SEGMENT EACH 2 EACH 3 EACH 4 EACH 5 MHW SHOELINE CHANGE (ft) FDEP POFILES BEAKE'S OCKPILE COMPLEX LEGEND AUG to SEP AUG to AUG NOTES: 1. DATE OF AEIAL PHOTOGAPHY IS JUNE ETEAT ADVANCE N -109 Page 18 of 59 Figure 1b Shoreline Changes

19 T DOWN DIFT GAINS FOM MID-TOWN POJECT FDOT EVETMENT -150 EACH 4 EACH 5 EACH 6 EACH 7 MHW SHOELINE CHANGE (ft) FDEP POFILES SLOANS CUVE LEGEND AUG to SEP AUG to AUG NOTES: 1. DATE OF AEIAL PHOTOGAPHY IS JUNE ETEAT ADVANCE -122 N -123 Page 19 of 59 Figure 1c Shoreline Changes

20 T T-124 T T PHIPPS POJECT AEA DUNE CONSTUCTION 2016 PHIPPS/EACH 7 NOUISHMENT 2015/16 DUNE CONSTUCTION -150 EACH 6 EACH 7 EACH 8 MHW SHOELINE CHANGE (ft) FDEP POFILES LEGEND AUG to SEP AUG to AUG NOTES: 1. DATE OF AEIAL PHOTOGAPHY IS JUNE ETEAT ADVANCE N -138 Page 20 of 59 - Figure 1d Shoreline Changes

21 Table 2a Volumetric Changes from August 2017 to September 2018 each Profile Distance (ft.) Above MHW MHW to ft to Above ft to ft ft ft -40 ft Above -40 ft each 1 6 to 7 1,218-1,772-38,756-42,546-83,074-5,113-88, to 8 1,174-2,396-24,600-21,711-48,706-19,488-68,194 8 to 9 1,088-3,928-11,466-30,301-45,694-52,114-97,808 9 to -80 1, ,300 15,375 11,765-15,237-3, to -81 1,114 1,010 2,872 43,919 47,802 16,890 64, to -82 1,340-2,456-21,358 25,651 1,837-1, to -83 1,312-3,107-15,394 34,059 15,558 9,784 25, to -84 1,195-2,182-3,453 43,344 37,709-18,604 19,105 each 2-84 to ,360 26,128 11,002-28,676-17, to ,601-17,418 4,842-10,975-26,776-37, to -87 1,315 1,607-10,569 2,497-6,465-11,322-17, to ,808 2,026 6,264 6,482-4,632 1, to ,382-17,266-5,609-26,256-18,397-44, to -90 1,047-8,579-36,816-8,536-53,930-8,441-62, to ,715-15,779-3,278-23, , to ,056-24,481-14,133-42, , to -92 1,154-9,613-62,396-6,082 8,091-15,787-93, to -93 1,173 1,611-60,795-18,159 7,344-17,450-94, to -94 1,071 9,008-36,020-29,891-56,902-3,802-60, to -95 1,593 19,290-18,666-24,226-23,602-12,691-36, to ,989 1,823-15,421-4,609-8,262-12,871 eaches 3 & 4-96 to -97 1,268 6,206-9,771-42,147-45,711-19,627-65, to -98 1,212-5,586-22,418-34,069-62,074-15,385 7, to -99 1,154-9,418-32,658-35,089 7,165 1,069 6, to ,675-47,166-27,512-88,353 4,250-84, to ,207-20,702-44,531-18,849-84,081 14,101-69, to ,082-12,445-28,896-12,519-53,859 2,003-51, to ,946-11, ,045-1,469-15, to ,935-28,327-2,366-35,628-3,727-39, to ,152-2,974-46,916 3,787-46, , to ,330-4,090-59,954 6,502-57,542-9,023-66, to ,139-2,926-49,177 9,566-42,538-26,248-68,786 each to ,130-1,689-41,316 16,306-26,699-21,457-48, to ,609-42,893 15,618-31,884-1,016-32, to ,213-6,786 2,731 23,033-56, , to ,319 3,838-60,184 29,009-27,338 9,927-17, to ,594 1,554-2, , to ,249-40,655 13,749-23,657 8,590-15, to ,139-4,841-43,042 3,760-44,124 26,014-18, to ,039-14,518-44,018-12,488 1,023 58,261-12,762 each to ,822-48,874-9,539 7,235 69,242, to ,151-14,522-36,492-15,745-66,758 15,244-51, to ,665-21,100-28,367-53,132 5,636-47, to ,864-13,176-24,517 16,980, to ,711-14,204-26,430 18,304-8, to ,952,295-20,025 35,963 15, to ,172,567-28,913 13,407-23,073 67,367 44, to ,103-22,449-43,750 17,653-48,546 29,702-18, to ,752-36,853 11,893-43,713 17,189-26, to ,932-44,122 17,232-48,822 18,528-30,293 each to ,015-20,338-47,954 20,122-48,169 22,626-25, to ,155-40,096 17,457-35,793 27,065-8, to ,481-11,680-50,960 24,856-37,784 44,447 6, to ,080-5,268-39,134 16,695-27,707 29,014 1, to , ,090 18,340-24,013 26,750 2, to ,011 4,084-45,732 20,318-21,331 27,024 5, to ,341-16,305 8,203-9,443 12,075 2, to ,764-21,458 10,795-12,427 15,890 3, to ,326-3,753-11,961 56,706 40,993 13,841 54,833 each to , ,412 42,882 15,057 12,908 27, to ,158-4,105-43,524-5,449-53,078 19,801-33, to ,217-2,099-26,634-6,690-35,424 21,998-13, to ,197-1,157-21,675-17,033-39,865 18,744-21,120 Totals 64, ,160-1,888,152 98,161-2,062, ,893-1,690,259 each 1 2,392-4,168-63,356-64, ,781-24, ,382 each 2 13,551-27, , ,355-34, , ,568 eaches 3 & 4 13,706-32, , ,029 08,507 3,380 81,887 each 5 8,961-23, , , ,888-49, ,589 each 6 6,660-53, ,045-61, , , ,479 each 7 12, , , , , ,055-38,793 each 8 6,851-12, ,664 81,212-84, ,182 18,439 Page 21 of 59

22 NOTES: 1. DATE OF AEIAL PHOTOGAPHY IS JUNE EACH 3 Page 22 of 59 Figure 2a Aug Sep Volume Changes N EACH STP DISCHAGE ACCETION EOSION EACH (EPESENTS THOUSANDS) AUG SEP VOLUME CHANGES ABOVE -26.2' NAVD (CY PE LINEAL FEET) FDEP POFILES EACH 2 SEAWALL MID TOWN POJECT AEA

23 MID-TOWN POJECT AEA EACH 2 EACH 3 EACH 4 EACH FDEP POFILES BEAKE'S OCKPILE COMPLEX NOTES: 1. DATE OF AEIAL PHOTOGAPHY IS JUNE AUG SEP VOLUME CHANGES ABOVE -26.2' NAVD (CY PE LINEAL FEET) (EPESENTS THOUSANDS) EOSION ACCETION N Page 23 of Figure 2b Aug Sep Volume Changes

24 T NOTES: 1. DATE OF AEIAL PHOTOGAPHY IS JUNE EACH 4 EACH 5 EACH 6 EACH 7 AUG SEP VOLUME CHANGES ABOVE -26.2' NAVD (CY PE LINEAL FEET) EOSION (EPESENTS THOUSANDS) ACCETION SLOANS CUVE FDEP POFILES -122 N -123 Page 24 of 59 Figure 2c Aug Sep Volume Changes

25 T T-124 T T PHIPPS POJECT AEA EACH 6 EACH 7 EACH FDEP POFILES NOTES: 1. DATE OF AEIAL PHOTOGAPHY IS JUNE AUG SEP VOLUME CHANGES ABOVE -26.2' NAVD (CY PE LINEAL FEET) (EPESENTS THOUSANDS) EOSION ACCETION N -138 Page 25 of 59 - Figure 2d Aug Sep Volume Changes

26 Table 2b Volumetric Changes from August 1990 to September 2018 each Profile Distance (ft.) Above MHW MHW to to Above to -40 Above -40 each 1 6 to 7 1,218 60,482 75,039 60, ,167-83, , to 8 1, , , , , , ,891 8 to 9 1,088 96, ,704 33, , ,483 66,873 9 to -80 1,011 44,684 49,154-66,084 27, , , to -81 1,114 13,688 23,401-56,258-19, , , to -82 1, ,939-58,116-63, , , to -83 1,312-1,778-10,711-15,183-27, , ,107 each 2-83 to -84 1,195-3,050-15,020-1,690-19, , , to ,156-18,806-18,432-36, , , to ,070-16,288-32,108-38, , , to -87 1,315 9,749-46,122-69, , , , to ,814-40,172-53,314-96, , , to ,685-26,946-34,385-64,016-91, , to -90 1,047 8,533-33,906-15,449-40,823-69, , to -91 1,118 15,280-35,086-25,662-45,467-67, , to -92 1,154 12,291-22,434-6,141-16,285-83,182-99, to -93 1,173 38,019 35,600-34,554 39,064-93,952-54, to -94 1,071 41,690 64,336-57,383 48,645-92,530-43, to -95 1,593 37,841 86,518-63,785 60, ,638-59,063 eaches 3 & 4-95 to ,456 58,329-20,430 52,356-40,149 12, to -97 1,268 27, ,796-32, ,739-88,939 18, to -98 1,212 20, ,778-33, , ,406 8, to -99 1,154 11,413 90,842-20,387 81,868 8,064 3, to ,608 17,893-31,786-16,501-89, , to ,207-12,275 25,944-34,987-21,319-88, , to , ,101-17,308 48,202 5,017-26, to ,061 12,920 65,270-18,886 59,305-88,826-24, to ,152 26,145 65,139 6,828 98,113-88,434 9, to ,330 22,571 24,097 40,699 87, ,200-61,831 each to ,139 13,416-9,204 34,802 39, , , to ,130 14,249-6,585 52,258 59, , , to ,859-21,878 42,942 26,923-87,703-60, to ,213 1,764-39,761 58,477 20, , , to ,319 11,947 6,699 29,997 48, ,260-61, to ,995 3,098 37,355 61,447-85,776-22, to ,139 19,537 11,791 31,112 62, , ,197 each to ,039 9, ,580 3, , , to ,307-5,944-12,124-20, , , to ,151-1,915 13,016-10, , , to ,673 11,938-21,633-4, , , to ,039 6,778 2,232-38,922-29, , , to ,005 10,709-17,343 3,371 7,490 4, to ,172 16,235 25,511 12,863 54,609-89,854-35, to ,103 13,558 39,574 28,590 81,722 8,488 3, to ,591 32,625 21,095 64,310-47,200 17,111 each to ,552 36,113 36,605 94,271-68,046 26, to ,015 35,400 32,173 51, ,522-66,159 53, to ,863 23,330 52, ,479-47,170 63, to ,481 60,558 42,228 84, ,007-85, , to ,080 36,484 29,927 48, ,618 0,617 44, to ,071 24,761 25,827 30,850 81,439-91,120-9, to ,011 14,662 9,297 25,626 49,586-68,355-18, to ,158 3,766,170 36,292 32,889-55,594-9, to ,326-1, ,885 67,860-88,723-20,862 each to ,295 3,524-8,695 33,722 28,551-86,932-58, to ,158 1,968-24,657-32,359-55,047-87, , to ,217 6,179-15,140-46,993-55, , , to ,197 17,860-11,888 5,704-69, , ,317 Totals 64,361 1,024,741 1,173,029 7,340 2,205,109-8,252,061-6,100,330 each 1 2, , , , , , ,616 each 2 13, ,919-25, , ,916-3,000,542-3,239,457 eaches 3 & 4 13, , , , ,487-1,016, ,104 each 5 9, ,870 83, , ,769-1,022, ,321 each 6 6,260 51,181 33,183 19, ,562-1,264,912-1,245,074 each 7 9, , , , ,021 41,285-48,603 each 8 10,513 31,784-67,062-16,157-51, ,600 47,386 Page 26 of 59

27 EACH ACCETION EOSION EACH 1-8 (EPESENTS THOUSANDS) EACH 2 SEAWALL N EACH Page 27 of 59 Figure 3a Aug Sep Volume Changes 8 7 NOTES: 1. DATE OF AEIAL PHOTOGAPHY IS JUNE AUG SEP.2018 VOLUME CHANGES ABOVE -26.2' NAVD (CY PE LINEAL FEET) FDEP POFILES STP DISCHAGE MID TOWN POJECT AEA 150

28 MID-TOWN POJECT AEA -150 EACH 2 EACH 3 EACH 4 EACH FDEP POFILES BEAKE'S OCKPILE COMPLEX NOTES: 1. DATE OF AEIAL PHOTOGAPHY IS JUNE EOSION AUG SEP VOLUME CHANGES ABOVE -26.2' NAVD (CY PE LINEAL FEET) ACCETION (EPESENTS THOUSANDS) N Page 28 of Figure 3b Aug Sep Volume Changes

29 T DOWN DIFT GAINS FOM MID-TOWN POJECT -150 EACH 4 EACH 5 EACH 6 EACH FDEP POFILES SLOANS CUVE NOTES: 1. DATE OF AEIAL PHOTOGAPHY IS JUNE EOSION AUG SEP VOLUME CHANGES ABOVE -26.2' NAVD (CY PE LINEAL FEET) ACCETION (EPESENTS THOUSANDS) -122 N -123 Page 29 of 59 Figure 3c Aug Sep Volume Changes

30 T T-124 T T PHIPPS POJECT AEA EACH 6 EACH 7 EACH FDEP POFILES NOTES: 1. DATE OF AEIAL PHOTOGAPHY IS JUNE AUG SEP VOLUME CHANGES ABOVE -26.2' NAVD (CY PE LINEAL FEET) (EPESENTS THOUSANDS) EOSION ACCETION N -138 Page 30 of 59 - Figure 3d Aug Sep Volume Changes

31 Table 3 Volume Analysis of Shoreline North of Lake Worth Inlet Profile Effective Distance (feet) to 500ft 500ft 1000ft 2017 to 2018 (cubic yards) 1000ft 1500ft 1500ft 2000ft 2000ft 2500ft Totals 68 1,158 7,271 5,725 13,695 8,979 2,046 19, ,902 23,117 19,171 18,061 6,057 52, ,267 1,556 66,036 4,241 17,115 2,989 74, ,113 24,809 47,872 7,170 28,527 65, ,108 7,665 30,030 36,603 45,434 9, ,030 11,126 14,237 10,703 7,463 6,214 15, ,076 57,503 12,958 15,803 8, , ,895 21,457 3,850 4,202 0 (23,613) Totals 32, ,295 45, ,226 29, ,102 Page 31 of 59

32 Table Sediment Budget Update each Annual Volumetric ates (CY/Yr) Distance ate (Ft) Difference each 1 2,392 42,555 31,495 31,111 10,319 28,322 26,996 28,325 23,846 20,486-22,069 each 2 13,151-26,584-20,265-16,795 14,154-6,248-6,523,918-6,850-8,533 18,051 eaches 3 & 4 13,806 43,684 43,905 37,813 10,442 19,535 52,444 49,175 44,380 15,982-27,702 each 5 9,161 40,869 41,703 42,583 10,877 22,749 22,451 32,420 18,384 15,706-25,163 each 6 6,260 18,531 14,461 14,657 7,786 17,764 18,183 17,551 16,311 3,699-14,833 each 7 9,078 21,634 15,198 17,496 4,448 8,399 21,152 63,139 9,190 33,251 11,617 each 8 10,513 19,931 10,635 10,020 4,562 8,654-1,534 4,045-3,732-1,837-21,768 TOTAL 64, , , ,885 62,587 99, , , ,529 78,754-81,867 Annualized Beach enourishment Net Volumetric Deficit 215, ,131 Page 32 of 59

33 TOWN OF PALM BEACH Information for Shore Protection Board Meeting on: January 24, 2019 TO: FOM: VIA: E: Shore Protection Board Kirk W. Blouin, Town Manager obert Weber, Coastal Program Manager The Breakers/Clarke Avenue/Mid-Town Technical Advisory Committee esults Item XIII. DATE: January 17, 2019 STAFF ECOMMENDATION Town staff requests that the Shore Protection Board (SPB) review the attached information and provides direction deemed necessary. GENEAL INFOMATION Applied Technology & Management, Inc. (ATM) began assembling members of a Technical Advisory Committee (TAC) in February On March 15 th, the TAC membership was established including Michael Jenkins, Ph.D., P.E. (ATM), Bob Brantly, P.E. (FDEP), Mohammed Dabees, Ph.D., P.E. (Humiston & Moore Engineers), and Bill Dally, Ph.D., P.E. (Surfbreak Engineering). The first TAC meeting occurred on April 25, 2018, and included both site visits and a focused discussion. The project area is complex and has required some of the latest computer technology available to perform model runs. Each model run has taken an extensive amount of time for calibration and validation. Overall, the modeling process has progressed slower than anticipated. In recent conversations with ATM, it appears, at this time, that the model output is producing results that have created more questions than have found answers and more work is to be performed. A discussion among the TAC members regarding model runs is being held on January 18 th in anticipation for ATM to provide the SPB with some results and, identify the path forward to both complete the review of alternatives and, design the TAC-preferred project for initial permitting. It is important that the solution for this area enhances the performance and longevity of sand renourishment from the Mid-Town project, along with providing storm protection. Michael Jenkins of ATM will provide a presentation at the SPB meeting on January 24, Page 33 of 59

34 FUNDING/FISCAL IMPACTS Detailed design and permitting of the Breakers/Clarke Avenue/Mid-Town Beach area were not included in the Town Council Adopted 10-Year Coastal Management Plan. However, a sufficient amount of unappropriated and unreserved funds existed in the Coastal Fund to support the effort. On January 9, 2018, Town Council approved esolution No in the amount of $189,732 to ATM, establishing a task budget of $209,000, including contingency, to coordinate with the TAC during the design and initial permitting effort. Construction costs for this project were also not included in the Town Council Adopted 10-Year Coastal Management Plan. Funds will need to be allocated if this project moves forward beyond design and permitting. A more complete construction estimate will be determined once elements of a project recommended by the TAC has been received. cc: Jay Boodheshwar, Deputy Town Manager H. Paul Brazil, P.E., Director of Public Works Patricia Strayer, P.E, Town Engineer Michael Jenkins, Ph.D., P.E., Applied Technology & Management, Inc. Paul Leone, The Breakers Palm Beach Page 34 of 59

35 TOWN OF PALM BEACH Information for Shore Protection Board Meeting on: January 24, 2019 TO: FOM: VIA: E: Shore Protection Board Kirk W. Blouin, Town Manager obert Weber, Coastal Program Manager Presentation of Coastal Vulnerability Study Item XIV. DATE: January 16, 2019 STAFF ECOMMENDATION Town staff requests the Shore Protection Board (SPB) provide any additional input as deemed necessary. GENEAL INFOMATION Woods Hole Group (WHG) has periodically reviewed the Town s coastal program since the 1990 s. WHG conducted a peer review of the Town s Comprehensive Coastal Management Program Update in 1998 and introduced the concept of applying adaptive management when implementing coastal projects. WHG is a well-respected firm that has provided many local and state governments with coastal program reviews and recommendations. In 2013, WHG completed a technical review of the proposed Coastal Management Program and provided input directly to Town Council prior to Town Council s adoption of the 10-Year plan. While their report identified recommended projects for each respective reach along the shoreline, the report also included island-wide recommendations that extended through multiple reaches. The island-wide recommendations included items such as groin maintenance, improved communications with the public, and dune vegetation maintenance. Another one of the island-wide recommendations was to perform a flooding vulnerability assessment. The purpose of the assessment would be to supplement the Town s Comprehensive Coastal Management Plan (CCMP) with the identification of areas presently at high risk of storm damage and flood. Following a unanimous recommendation from the SPB on October 27, 2016, Town Council awarded a contract to WHG in December 2016 to perform a Coastal Vulnerability Assessment. The scope of this effort was expected to take nearly two (2) years to complete. During the early months of this process, WHG gathered pertinent data and information from both the Town and from FEMA. Page 35 of 59

36 Bob Hamilton, with WHG, will present results of the study at the January 24, 2019 SPB meeting, solicit comments from both the public and the SPB, and will finalize and submit the report to the Town next month. WHG has provided a brief overview of the presentation (attached). FUNDING/FISCAL IMPACTS The cost to develop an implementation plan to address risk of public infrastructure and the cost of a multi-year capital improvement program can be determined following receipt of the WHG final report in February Attachment cc: Jay Boodheshwar, Deputy Town Manager H. Paul Brazil, P.E., Director of Public Works Patricia Strayer, P.E., Town Engineer Bob Hamilton, Woods Hole Group, Inc. Page 36 of 59

37 January 16, 2019 COASTAL VULNEABILITY ASSESSMENT Town of Palm Beach Overview of Presentation of esults Woods Hole Group will provide an overview of the results from the flood risk vulnerability study. The primary purpose of the presentation will be to explain the type of information that will be included in the report, and illustrate example work products. Because the nature of the material is complex and the work products are extensive, Woods Hole Group has found benefit in presenting the material to clients in advance of delivering the report. By presenting the material first, the Town will be able to review the report more efficiently. Woods Hole Group also hopes to gain initial comments and questions from the meeting that can be addressed proactively in the report to ensure the deliverable is tailored to the Town needs. Although the presentation will be focused on results, it will also include an explanation as to why our approach is different/better than typical studies, why we used this approach, a primer on probabilistic results and an explanation about how we generated the flood maps that will be presented. The majority of the presentation will be focused on the application to Palm Beach. Types of information that will be included in the presentation will include: Overview of purpose, methods and interpreting the results Probability of flooding maps for a range of conditions, including different water levels and sets of storms Depth-of-flooding maps corresponding to specific probabilities Tables of Town assets at potential risk of flooding Coastal Vulnerability Index (CVI) to prioritize Town assets at potential flood risk based on combination of values for each asset provided by Town staff combined with probability of flooding Identification of potential flood pathways for water to flood Town assets Concepts for engineering adaptations to improve coastal resilience and manage flood risk Suggested next steps A technical report will be submitted to the Town in February for review. Subsequent points of clarification will be addressed. Page 37 of 59

38 TOWN OF PALM BEACH Information for Shore Protection Board Meeting on: January 24, 2019 TO: FOM: VIA: E: Shore Protection Board Kirk W. Blouin, Town Manager obert Weber, Coastal Program Manager Coastal Projects Update Item XV. DATE: January 17, 2019 STAFF ECOMMENDATION Town staff requests the Shore Protection Board (SPB) review the attached information and provide any additional input deemed necessary. GENEAL INFOMATION Listed below is a brief update of the ongoing activities for the Coastal Management Program. Town staff will provide more details of each item during the SPB meeting. Attached is a GANTT chart that provides milestones for the coastal projects. Lake Worth Inlet Maintenance Dredging The U.S. Army Corps of Engineers (USACE) has cancelled their current bid solicitation and will postpone the project until November 1, Construction will now occur in the months of November and December Town staff has obtained the needed easements from adjacent property owners for the USACE to perform the work. Sand Forepassing Due to the USACE s recent postponement of the Lake Worth Inlet Maintenance Dredging Project, the Sand Forepassing Project will be delayed as well. Construction should occur immediately following completion of the Inlet Maintenance Project by the USACE s contractor. The Town plans to move approximately 25,000 cubic yards of the USACE - dredged sand further south into each 2 between January 2020 and March 1, Mid-Town Beach Nourishment In order for the project to officially become a Federal project, an agreement must be executed. USACE staff from Jacksonville is expected to visit the Town later this month to continue making progress on both the design of the project and the long-term agreement. Per U.S. Congress, all projects listed within the 2018 Supplemental Bill must be completed by August The Mid-Town project is listed within the supplemental bill. Page 38 of 59

39 In order for the project to meet the deadline, construction must occur between November 1, 2019 and April 30, According to USACE staff, the project is on schedule for a bid solicitation to occur in the late spring/early summer of this year. The project is expected to include a volume on the order of 1 million cubic yards, of which approximately 535,000 cubic yards should also be eligible for FEMA cost-sharing due to hurricanes Matthew and Irma Phipps Ocean Park Beach Nourishment The project is expected to utilize FEMA funding associated with both hurricanes Matthew and Irma. FEMA-participated projects are to be completed within 18 months of the declared disaster. Although the Irma project has not yet been funded by FEMA, Town staff will request a time extension to construct at the same time as Mid-Town. The project is expected to include a volume on the order of 1 million cubic yards, of which approximately 435,000 cubic yards should be eligible for FEMA cost-sharing due to hurricanes Matthew and Irma. each 8 Dune estoration is to be constructed concurrently with the Phipps nourishment. each 8 Dune estoration includes a volume on the order of approximately 20,000 cubic yards of sand. Federal cost-sharing is expected consistent with dune losses from Hurricane Irma. The dunes are to be restored to their condition prior to hurricanes Matthew and Irma. The project is to be constructed during the construction window of November 1, 2019 and May 1, Town staff continues to work with the U.S. Army Corps of Engineers so that the bid solicitation for the next Mid-Town project can include language about the Phipps project so that the dredging can be performed by one contractor with the intent to reduce overall mobilization costs. Dune Planting Bids were received on December 18, Award was postponed by the Purchasing Division so that Town staff could receive samples of the plants from vendors. The samples received appear appropriate and consistent with the Town s desire to plant more mature sea oats. The FDEP permit for dune planting was received on January 7, Town Council consideration for award will be made on February 14, The scope of work includes the planting of more than 106,000 mature sea oats. The dune planting effort is expected to be completed before March 1, Dune plantings are to occur landward of the edge of vegetation and will not be impacted by upcoming nourishment projects. each 8 Environmental Impact Statement A response to the USACE-requested additional information was issued by Town s consultant in August. The Town is awaiting an action from the USACE. The USACE has all the information that is needed from the Town to issue a ecord of Decision. The U.S. Fish and Wildlife Service (USFWS) concluded their consultation with the USACE on December 20, With completion of the USFWS consultation, the USACE is only awaiting consultation from the National Marine Fisheries Service (NMFS). Page 39 of 59

40 The NMFS has acknowledged receipt of the addition information provided by the Town and had intended to meet with the USACE in January to complete consultation. The NMFS staff has been furloughed as a result of the Government Shutdown. The timetable for a response from the NMFS is uncertain at this time. Following completion of consultation from the NMFS, the USACE can issue a ecord of Decision. Continued dune restoration in each 8 reduces the urgency to move forward with construction of the preferred project and the associated mitigation expected. Groin ehabilitation The Town received the Federal permit from the U.S. Army Corps of Engineers on December 6, A copy of the permit is attached. With receipt of the Federal permit, the Town will need to request an Individual Project Approval (IPA) from FDEP through the BMA prior to proceeding. This is approximately a two-week process. As requested by Town Council, the Town Attorney has provided a memo on liability. This memo is also attached. With receipt of the permit, Town staff can take a Shore Protection Board recommendation to Town Council for further direction. The Annual Beach Management Agreement (BMA) meeting will be hosted by FDEP on February 28, 2019 in Town Council Chambers. A reminder will be provided to the SPB members approximately a week before the BMA meeting. On November 29, 2018, the SPB requested that the Town provide a spreadsheet that includes an anticipated schedule and milestones for design, permitting, construction, and monitoring of the various coastal projects. A spreadsheet is attached for review and consideration by the SPB. Once the format and content has been deemed acceptable by the SPB, this spreadsheet can be provided more frequently to the SPB members between the regular SPB meetings. Attachments cc: Jay Boodheshwar, Deputy Town Manager H. Paul Brazil, P.E., Director of Public Works Patricia Strayer, P.E., Town Engineer Dean Mealy, Purchasing Manager Page 40 of 59

41 DEPATMENT OF THE AMY PEMIT Permittee: Town of Palm Beach Attn: Mr. Kirk Blouin 360 South County oad Palm Beach County, Florida Permit No: SAJ (SP-KDS) Issuing Office: U.S. Army Engineer District, Jacksonville NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the U.S. Army Corps of Engineers (Corps) having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: emove and replace groins between eaches 2 through 6, (FDEP ange Monuments and ). Of the 124 groins identified in the footprint: Thirty-four (34) groins will be removed. Forty-one (41) groins will be removed and each replaced with a concrete king pile and panel groin. The modular nature of the pile and panel groin allows the structure to be adjusted and customized to resemble the size and dimensions of the groins to be replaced. The pile and panel groins also allows for the structure to be adjusted following construction, if needed. emoval of existing groins: The sheet piles and pilings will be removed by jetting and vibration techniques or cut off at the lowest practicable elevation in an attempt to prevent future exposure during seasonal fluctuation of the beach. Exposed reinforcing rebar will be cut and ground to remove any protrusions or sharp edges. The excavated material will be sifted with a screen to separate the debris from the sediment. Debris generated during construction will be hauled by loaders and excavators and disposed offsite. Several of the groins extend offshore terminating within or beyond exposed hardbottom resources. In these locations, groin removal will occur to the lowest elevation possible without damaging the hardbottom. Construction methodologies and equipment will be in a manner to minimize potential impacts. Page 41 of 59

42 PEMIT NUMBE: SAJ (SP-KDS) PEMITTEE: Town of Palm Beach PAGE 2 of 12 Installation of replacement groins: The reinforced concrete elements for the king pile and panel groins will be precast offsite and delivered to the project site by truck and/or barge. Loaders and excavators will be used to carry materials along the beach and excavate sand to install the groins. The piles will be driven in place using a vibration, impact hammer, jetting or a combination of techniques. The concrete panels will be lifted and lowered into place by a crane and stacked between the piles. The concrete king pile will have a top elevation of +5 ft North American Vertical Datum while the elevation of the concrete panel will vary. All new/replacement groin construction will be located within the original groin footprint. In some instances, the new groin footprint will be smaller than that of the original groin. Several of the groins extend offshore terminating within or beyond exposed hardbottom resources. In these locations, groin installation will occur into the hardbottom alongside the existing structure to be removed. Construction methodologies and equipment will be in a manner to minimize potential impacts. Construction may include land-based and water-based operations. Construction methods may include the installation of a temporary trestle and/or a cofferdam. For the cofferdam, the applicant proposes to install 2,276 pairs of 18-inch wide steel sheet piles via vibratory hammer. For the temporary trestle, the applicant proposes to install 2,064 steel 16-inch wide H-piles using a drop or impact hammer. Land-based operations are anticipated in areas where access across upland property can be established and/or where nearshore hardbottom habitat can be avoided by working from the beach. Maintenance: Maintenance may be needed to remove old groins that have become reexposed or to adjust and/or repair replacement groins. Adjustment may include adding or removing panels from between the piles. Maintenance would require similar construction techniques, equipment, and considerations as initial construction. Schedule: The work on the beach will occur after October 31 and prior to May 1 to avoid peak sea turtle nesting season. It is estimated that construction will occur in 5 phases. The work described above is to be completed in accordance with the 31 pages of drawings located in Attachment A and additional attachments (labeled A through G) affixed at the end of this permit instrument. Project Location: The Town of Palm Beach Groin ehabilitation Project is located within navigable waters of the United States (U.S.) of the Atlantic Ocean along the beaches of the Town of Palm Beach, within eaches 2 through 6, Florida Department of Page 42 of 59

43 PEMIT NUMBE: SAJ (SP-KDS) PEMITTEE: Town of Palm Beach PAGE 3 of 12 Environmental Protection (FDEP) ange Monuments and , Palm Beach County, Florida. Directions to site: Directions to the Mid-Town Municipal Beach are as follows: From Interstate 95, take exit 70 for Okeechobee Boulevard. Head east on Okeechobee Boulevard for 1.4 miles. Turn left (north) onto Flagler Drive and then right (east) onto the oyal Park Bridge. Continue 0.7 miles on oyal Palm Way. The Mid-Town Municipal Beach is located at the intersection of oyal Palm Way and South Ocean Boulevard. The project area extends approximately 4 miles north and 4 miles south from the municipal beach. Approximate Central Coordinates: Northern extent: Latitude Longitude Southern extent: Latitude Longitude Permit Conditions General Conditions: 1. The time limit for completing the work authorized ends on. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National egister of Historic Places. Page 43 of 59

44 PEMIT NUMBE: SAJ (SP-KDS) PEMITTEE: Town of Palm Beach PAGE 4 of If you sell the property associated with this permit, you must obtain the signature and the mailing address of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions (Attachment B). Attachment B presents the special conditions of the Florida Department of Environmental Protection (FDEP) Beach Management Agreement (BMA) for Individual Project Authorization (IPA). The special conditions that apply to this project fall under categories: C) projects that include construction of new groins; D) projects that include groin or jetty repair or replacement; F) all nourishment, groin or building of a second discharge for sand transfer plant; G) turbidity monitoring requirements for all nourishment and groin construction projects; and H) monitoring requirements for all nourishment, bypassing and groin projects. All conditions of the water quality certification applicable to groin installation will be implemented in accordance with the BMA authorization at the time of construction. 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Special Conditions: 1. eporting Address: The Permittee shall submit all reports, notifications, documentation and correspondence required by the general and special conditions of this permit to the following address: a. For standard mail: U.S. Army Corps of Engineers, egulatory Division, Enforcement Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida b. For electronic mail SAJ-D-Enforcement@usace.army.mil (not to exceed 10 MB). The Permittee shall reference this permit number, SAJ (SP-KDS), on all submittals. 2. Commencement Notification: Within 10 days from the date of initiating the work authorized by this permit for each phase of the authorized project, the Page 44 of 59

45 PEMIT NUMBE: SAJ (SP-KDS) PEMITTEE: Town of Palm Beach PAGE 5 of 12 Permittee shall provide a written notification of the date of commencement of authorized work to the Corps. 3. Agency Changes/Approvals: Should any other agency require and/or approve changes to the work authorized or obligated by this permit, the Permittee is advised a modification to this permit instrument is required prior to initiation of those changes. It is the Permittee s responsibility to request a modification of this permit from the Palm Beach Gardens Permits Section. The Corps reserves the right to fully evaluate, amend, and approve or deny the request for modification of this permit. 4. Assurance of Navigation and Maintenance: The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 5. Posting of Permit: The Permittee shall have available and maintain for review a copy of this permit and approved plans at the construction site. 6. Erosion Control: Prior to the initiation of any work authorized by this permit, the Permittee shall install erosion control measures along the perimeter of all work areas to prevent the displacement of fill material outside the work area into waters of the United States. Immediately after completion of the final grading of the land surface, all slopes, land surfaces, and filled areas shall be stabilized using sod, degradable mats, barriers, or a combination of similar stabilizing materials to prevent erosion. The erosion control measures shall remain in place and be maintained until all authorized work is completed and the work areas are stabilized. 7. Piping Plover Programmatic Biological Opinion (P 3 BO): The Permittee provided information to the U. S. Fish and Wildlife Service (FWS) during consultation for the piping plover. The Permittee has reviewed the easonable and Prudent Measures, Terms and Conditions of the P 3 BO dated May 22, 2013, and agreed to follow the measures included to minimize impacts to the piping plover. The FWS provided concurrence the activities are consistent with the Page 45 of 59

46 PEMIT NUMBE: SAJ (SP-KDS) PEMITTEE: Town of Palm Beach PAGE 6 of 12 P 3 BO provided the Permittee follows the terms and conditions in the P 3 BO. As it relates to survey guidelines defined in the P 3 BO Conservation Measure #2, the FWS approved a reduction in the survey effort, and the following revised survey guidelines can be implemented: a. One preconstruction winter shorebird survey will be conducted within a 10- day timeframe beginning the first Friday in February, as outlined in the Florida Shorebird Alliance s Winter Shorebird Survey ( If the February preconstruction survey is not possible, two preconstruction winter shorebird surveys will be conducted as close as possible to the February dates and at least 15 days apart, and reported to the FWC and the Service. Preconstruction surveys will not be conducted between May 16 and July 14. If piping plovers are documented during the preconstruction survey, the Service will be contacted for potential implementation of additional conservation measures prior to construction commencement. In addition, a February winter shorebird survey will be conducted as outlined above, for 2 years postconstruction. All shorebird survey data will be forwarded to the Service annually upon completion. b. The person(s) conducting the surveys must demonstrate the qualifications and ability to identify shorebird species and be able to provide the information outlined in the Winter Shorebird Survey. 8. Statewide Programmatic Biological Opinion (SPBO): The Permittee provided information to the U. S. Fish and Wildlife Service (FWS) during consultation for endangered green sea turtle (Chelonia mydas), the endangered hawksbill sea turtle (Eretmochelys imbricata), the endangered Kemp s ridley sea turtle (Lepidochelys kempii), the endangered leatherback sea turtle (Dermochelys coriacea), and the threatened Northwest Atlantic Ocean (NWAO) Distinct Population Segment (DPS) of the loggerhead sea turtle (Caretta caretta); the threatened West Indian manatee (Trichechus manatus; manatee), and terrestrial loggerhead sea turtle designated critical habitat. The Permittee has reviewed the easonable and Prudent Measures, Terms and Conditions of the SPBO dated March 13, 2015, and agreed to follow the measures included to minimize impacts to the manatee and sea turtles. The FWS provided concurrence the groin repair and replacement activities are consistent with the SPBO provide the Permittee follows the terms and conditions contained within the BO. The 2015 SPBO can be found at the following website: Page 46 of 59

47 PEMIT NUMBE: SAJ (SP-KDS) PEMITTEE: Town of Palm Beach PAGE 7 of Manatee Conditions: The Permittee shall comply with the Standard Manatee Conditions for In-Water Work 2011 (Attachment C). 10. Sea Turtle and Smalltooth Sawfish Conditions: The Permittee shall comply with National Marine Fisheries Service's Sea Turtle and Smalltooth Sawfish Construction Conditions dated March 23, 2006 (Attachment D). 11. Daylight Work: All work will be conducted during daylight hours. 12. Noise Procedure: The use of wood cushion blocks (or a similar technique that provides the same level of noise attenuation), combined with a ramp-up procedure, will be included in the construction specifications for the steel H-piles. 13. Hardbottom: The applicant will use the annual nearshore hardbottom delineation data under the Florida Department of Environmental Protection (FDEP) Palm Beach Island Beach Management Agreement (BMA) to determine ingress and egress corridors for water-based equipment in an effort to avoid nearshore hardbottom impacts. Geographic Positioning Systems technology will be used to locate and avoid or minimize any potential impacts to nearshore hardbottom. 14. Post construction monitoring of hardbottom. The Permittee shall conduct a pre- and post-construction assessment of the hardbottom if the most recent Palm Beach Island BMA Hardbottom Monitoring Survey indicates that hardbottom occurs within 25 feet of the work area. The work area includes the footprint of the groin installation and removal as well as the area where construction vessels, equipment, trestles, or cofferdams are located. The pre- and post-construction surveys will encompass a 50-foot radius from the work area and will include qualitative descriptions of the hardbottom supported by photo or videodocumentation. A post-construction observation report shall be submitted within 60 days of survey completion that compares the pre- and post-construction conditions of the hardbottom assessed. 15. Avoided Hardbottom Areas: There shall be no impacts to the existing hardbottom located outside of the groin footprint. No impacts to hardbottom located outside of the groin footprint shall occur as a result of construction operations, such as, but not limited to, vessel or barge anchoring, grounding, or spudding. The Permittee shall be held liable for any unauthorized impacts. For any impacts caused by the construction operation, the Corps may require mitigation. Page 47 of 59

48 PEMIT NUMBE: SAJ (SP-KDS) PEMITTEE: Town of Palm Beach PAGE 8 of Vessel Operations and Staging Plan: The Permittee shall adhere to the Town of Palm Beach Groin ehabilitation Project Vessel Operations and Staging Plan located in Attachment E. 17. Operations and Monitoring Plan: The Permittee shall adhere to the Town of Palm Beach Groin ehabilitation Project Operations and Monitoring Plan located in Attachment F. 18. As-Built Certification: Within 60 days of completion or cessation of a period of 1 year or more of authorized work within each phase, the Permittee shall submit as-built drawings of the authorized work within that phase and complete As-Built Certification By Professional Engineer form (Attachment G) to the Corps. Upon expiration of the construction window identified in General Condition 1, the Permittee shall submit a final as-built drawing and certification for all phases. The as-built drawings for each phase and the final submittal shall be signed and sealed by a registered professional engineer and include the following: a. A plan view drawing of the location of the authorized work footprint, as shown on the permit drawings, with transparent overlay of the work as constructed in the same scale as the permit drawings on 8½-inch by 11- inch sheets. The plan view drawing should show all "earth disturbance," including wetland impacts and water management structures. b. A list of any deviations between the work authorized by this permit and the work as constructed. In the event that the completed work deviates, in any manner, from the authorized work, describe on the attached As-Built Certification By Professional Engineer form the deviations between the work authorized by this permit and the work as constructed. Clearly indicate on the as-built drawings any deviations that have been listed. Please note that the depiction and/or description of any deviations on the drawings and/or As-Built Certification By Professional Engineer form does not constitute approval of any deviations by the Corps. c. Include the Department of the Army permit number on all sheets submitted. Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: Page 48 of 59

49 PEMIT NUMBE: SAJ (SP-KDS) PEMITTEE: Town of Palm Beach PAGE 9 of 12 (X) Section 10 of the ivers and Harbors Act of 1899 (33 U.S.C. 403) ( ) Section 404 of the Clean Water Act (33 U.S.C. 1344) ( ) Section 103 of the Marine Protection, esearch and Sanctuaries Act of 1972 (33 U.S.C. 1413) 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal projects. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. eliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. Page 49 of 59

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52 PEMIT NUMBE: SAJ (SP-KDS) PEMITTEE: Town of Palm Beach PAGE 12 of 12 When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (TANSFEEE-SIGNATUE) (DATE) (NAME-PINTED) (ADDESS) (CITY, STATE, AND ZIP CODE) Page 52 of 59

53 PEMIT NUMBE: SAJ (SP-KDS) PEMITTEE: Town of Palm Beach PAGE 13 of 12 Attachments to Department of the Army Permit Number SAJ (SP-KDS) A. PEMIT DAWINGS: 31 pages B. WATE QUALITY CETIFICATION: Specific Conditions of the water quality permit/certification in accordance with General Condition number 5 on page 2 of this DA permit. 62 pages. C. MANATEE CONDITIONS: 2 pages, Standard Manatee Conditions for In-Water Work 2011 D. SEA TUTLE SAWFISH CONDITIONS: 1 page, Sea Turtle and Smalltooth Sawfish Construction Conditions, revised March 23, 2006 E. VESSEL OPEATIONS AND STAGING PLAN: 4 pages F. OPEATIONS AND MONITOING PLAN: 5 pages G. AS-BUILT CETIFICATION FOM: 2 pages Page 53 of 59

54 IONESFOSTE " JoHlisroN &srubbs, P.o, Memo TO VIA: CC FOM: E DAIE: Mayor and Town Cormcil Kirk Blouiq Town Manager Paul Brazil; ob Weber; Jay Boodheshwar John C. andolpb, Town AttorneY Groins May 30,2018 This memorandgm is in response to questions that have been raised relating to the liabiiity of the Town, if any, for assuming the responsibility and control of improvements to groins located on private properties in the Town and Lxtending to the sovereip. lands of the state below mem high water. The fus! and most recent question raised, is whether or not the Town assumes any liability as a result ol applying for and out"l"i"g a permit for the improvement and reconstruction of these $oins. It ir.y ;6"ion that applying 1ot 66t,ining a permit, in and of itself, do^es not place -6 Iny [ability orrthe Town. Once a permit is obtained the Town may ot may not move forward with the improvlment and reconstruction ofthe groins. Further, there is a distinction in the law between discretionary governmental frrnctions and operational activities' Discretion arv Governmental Functions vs, Operation al Functions A municipality remains immune from tort liability for decisions involving discretionary gou"rn-"ot l furrctions. However, such immunity does not exist within the category of operational i.rnctions. For example, a muoicipality is immune from iiability for a discretion-ary decision as to whether or not to install a traffrc signal iight, but once the signal light is in place, it is the resfonsibiiity of the municipality to maintain the light properly, without negligence, and in the event it is found that the town is negligent in the maintenance of the traffrc signal, the town would have liability. This same rule of law applies to the ultimate decision of the Town relating to the installation aad i-p.orr"-"rrt of the groins. The decision of the Town to undertake the responsibility to improve the groins is a discrjtionary decision for which the Town enjoys immunity, particularly since it *ill"hur" received a perrnit from the state to make such improvements. However, once that decision is made, by assuming control and making improvements to the gloins, the Town wouid t" "Ufigut"a to ""t rlsponsiblfand reasonably and in accordance with acceptable standards ofcare Page 54 of 59

55 and common sense in ttre desip, conseuction and maintenance ofthe improved groins. Therefore, the Town would be liable for any injuries resulting from the Town's negligence in designing, constructing or maintaining the improved groins. Once a government decides to act, whether out ofobligation or free choice, it must acl responsibly and reasonably under the existing circumstances and il accordance with acceptable standards of care and common sense. $99, Commercial Carrier Corp. vs. Dade Countv. 371 So.2d 10i0, (Fla 1979), holding that maintenance of a taffic signal light which is in place, maintenance of a traffic sign at an intersection and maintenansg sfths pfnted letters *STOP" on pavement of highway do not fall within the category of governmental activity which involves broad policy or planning decisions, but fall within the category of operational level activity and hence did not involve "discretionary govemmental functions" which remein immune from tort liability. Thus, once a government decides to act, the govemment is liable for its negligence in the performance of that act. In the case of Matthews vs. CiW of St. Petersbure. Fla. 400 So.2d 841 (Fla.2d DCA 1981), a plaintiff brought a wrongfi:l death action against the city stemming from the deatl of a child due to the city's alterations to a creek in the city park. The plaintiff alleged that the city's concrete encasement on the sides ofa creek, coupled with its failure to then erect a barrier around the banks, was dangerous and caused or contributed to the child's death. The court determined that an issue of fact existed as to whether a concrete creek encasement was designed and constructed appropriately. The court further found that the city was immune from its discretionary decision of whether to alter or amend the natual state of the creek but remanded the case for a factual determination as to whether the city was negligent in designing and constructing the concrete encasement. Accordingly, once the Town assumes control of the groins and makes improvements to the groins, the Town must design, construct and maintain the improved groins in accordance with acceptable standards of care and corrmon sense. If the Town is negligent in its efforts to improve the groins, the Town would be liable for any injuries to individuals resulting from the Town's negligence. ln addition to the above, please note that case law has held that a "property owner generaliy cannot be held iiable for dangerous conditions which exist in natural or artificial bodies of water unless they are so constructed as to constitute a trap or unless there is some unusual nature not generally existenl in similar bodies of water." See. rem hia vs. South Florida Water Ivlanasem ent District 560 So.2d 1219, (Fla. 3d DCA 1990), holding that the presence ofcement blocks in shallow water near the shore ofa canal was not an unusual circumstance of the type which could form the basis of liability by water management district which maintahed the canal. Damages to eal Prooertv Caused bv Improvements to Groins In addition to the question of negligence, the question might be raised as to whether or not the Town is liable for damages to real property caused by improvements to the groins. In the absence of any unjustified entry on land of which the fee is held by a private owner, ttre construction and maintenance of a public improvement (such as a groin) under legislative authority in such a manner as to inflict an injury to an adjacent land that would be actionable without such authority does not constitute a taking of such land unless the owner is substantially ousted and deprived of ali beneficial use ofthe land affected. See, Paty vs. Town of Palm Beach.29 So.2d (Copy attached), In EAry, the Fiorida Supreme Court held that damage to land along the ocean because ofthe washing away of the land by water after construction under statutory authority ofa goin by the Town of Palm Beach that changed the current was damage without injury and landowners could not recover against the Town. See also. Certain Interested Underwriters vs. Citv Page 55 of 59

56 of St. Peters 864 So.2d 1145, which applied the Paty rational to takings claims and held that when government actors cause damage to property as a result of their lawfi:l action performed without negligence, no compensable taking has occurred under ttre Florida constitution. Accordingly, the Town would not be responsible for any damages to real property caused by the Town's improvements to the groins, so long as the Town was not negligent in its improvement of the groins. Other Issues The above deals with the issues of liability which may accrue to the Town as a resuit of undertaking the responsibiiity of improving groins which are, presumably, now considered as the responsibility of the private property owners from whose property the groins extend. I say presumably because I have not researched whether or not all of these groins are indeed private or the sole responsibility of the private property owners. It is important to note that if the Town undertakes this project, although it vdll not need the permission of private property owners to improve the groins which are located on sovereign lands of the state (the Town having received a permit from the state to make such improvements on the sovereign land), to the extent the Town needs to gain access to the private property above the mean high-water line, it will need to receive a construction easement and approval from the private property owner to remove, alter or reconstruct that portion of the groin which is on the private property. It is appropriate also in this regard for me to call to the attention of the Mayor and Town Council Florida Statute , which provides that a property owner abutling sovereign lands on which there is located a groin determined by the state to serve no public purpose, which is dangerous to or in any way dangers human life, health or welfare, or which proves to be undesirable or becomes unnecessary as determined by the deparunent, shall be responsible for adjusing, dteriag or removing that portion of the groin below the mean high-water line after written notice from the state. "Adjustments, alterations, or removals required by this section shall be accomplished at no cost to the state. The decision of the departrnent as to whether to adjust, alter, ot lemove such coastal construction or structure shall be final, and the departrnent shall set a reasonable time within which the adjustrnent, alteration, or removal shall be accomplished. ln the event that the upiand property does not adjust, alter, or remove any coastal construction, or other structue, including groins, je6ies, moles, breakwaters, seawalls, revetrnents, or other structures if of a solid or highly impermeable design upon sovereignty lands of Florid4 below the mean high-water line, when requested or directed by the deparment in accordance with subsection (1) of this section, the departrnent may alter, adjus! or remove such coastal construction or structues at its own expense, and the costs thereofshall become a lien upon the property ofsaid abutting upland property owner. I do not know the extent to which this section has been considered by the state or the Town in regard to those groins which the Town is considering improving at its expense. I hope this information is helpfirl in your consideration of this matter. I will be happy to attempt to answer any legal questions you may have in regard to same. I would leave to ob Weber and Paul Brazil the answers to any questions you may have in regard to ttre perrnitting process or the investigations made by their departrnent in regard to the issues of the existing groins. JC/jcl Attachment P:\DOCSU3 I 55\0000tw{E^Al UZ3239.DOCX Page 56 of 59

57 Paty v. Town of Palm Beach, 158 Fla.575 ('19,*7) 29 So.2d 363 Keycirc Yeuow FlaB - Ncgativc TrrEttnalt Dcclinld to Follow by Grundy v. Erack Famity Trust, Wash.App. Div- 2, August 11,2009 r58 Fla. 575 Suprerne Court of Floritla, Division B. PATY et al. \'. TOWN OF PALM BEACH. Feb.4,t947. I ehearing Denied It{.arch 26, L947. Synopcis Action by B. F. Paty aad others against the Towa of Paln Beach, a muuicipal rcrporation, to recover for damage to plaintiffs' laad from waters of oceau as result of codstruction of a groir: by defendaut. From ajud8ment for defendant, the plaintiffs appeal. Affirmed West Headnotes (l) 405 Water bw zl0txv Navigable Watcts 405XV(B) islts of Public 405xV(B)2 IloploveEcDt of Cha!.Eels ald Streams 405k2543 IDjlries from improvements (Formerly 270k41(1) Navigablc Watels) Damage to land along ocean because of washiag away of la:rd by water after codstruction under statutory authority of a groir by city of Palm Beach that changed current was damage without iajury, and landowners could not recover from city. Acts 1941, c , $ 4. 4 Cases that cite this headnote *576 **K3 Appcal from Ctcuit Court, PaJ.m Beach County; Jos. S. White, judge. Attoroe)'s and Law Firms C. D. Blackwell, of West Palm Beach, for appellants Alley, Drew, Burns & Middleton,. C. Alley, E. Harris Drew, C. obcrt Burns and Elwln L. Middleton, all of West Palm Beach, for appellee. I11 Eminent Domaiu Wetla:rds and coastal protectiod = Wrt r Law Boal basins. revetmedts, and groins - Water Law r,' Injuries from improvements 148 EEineDt DoBaiD t48i Natuc, ErtcDl, aod Dclcgatiou ofpower 1,18k2 What CoDstitutes a TakiagPolice aod Other Powcrs Distiaguishcd 148k2.27 EDvironEeDtal Protcction 148k2.21(2) Wctlands and coastal protection (Formerly 148k2(10)) 405 Water Law 405VI iparia! add Littoral ights,to5lrl(a) In Gcacral,105k1246 ight to Whaf Out, Build Docts, and Support Sholc 4O5k1250 Smlcturcr 405k1250(4) Boat basijos, rcveherts, atrd 270k41(1) Navigable Wat rs) Opinion BANS, Justice. The trial court sustained a demurrer to tbe appellant's dectaration and, appeuant not electing to further amedd, the Court entered a flnal judgment against the appellantplaintilland he appeals and assigns as error the sustaining of defendant's demurrer. The substaace of the question presedted as flowing from appellant's assignments of error is: Is a trespass or wrong made to appear when a municipal corporation builds a groia from the shore of the Atlantic Ocean out into the waters of the ocean, and the groin chauges the natual action and the currents ofthe oc an so as to cause them to whip around to the south ofthe groin add to beat against and to excessively wash away plaintiffs land? The question states tlrc substance of plaintiffs declaration. The rights of private owuers as well as the riglts of the public depend somewhat on the character of the water on which the land borders alrd the nature of tbe proprietary idterest in thc Page 57 of 59

58 Paty v. Town of Palm Beach, 158 Fla.575 (1947) 29 So.2d 363 land both below and above the surface of the water. The waters of the sea are usually considered a colllmotr enemy. See note in 6 L..A.,N.S., 162. For other relative cases aot deemed applicable here see KatenkaEp et zd. v. UEion ealty Co., 11 Cal.App.2d 63, 53 P.2d 387, and, CaLApp.. 93 P.2d 1035i evell v. People, 177 IU.468, 52 N.E. 1052,43 L..A Am.St.eP The City of Palm Beach by Section 4 of Chapter 21469, Sp.Acts 1941, has been authorized to protect its Oceau Boulevard and the lands lying westerly thereof against danger of destruction because of action of the sea by the construction of seawalls, bulkheads and grohs. *577 'Ary injury or damage which is occasioned by the doing of a lavful act or the exercise of a legal right, or by doing a thing, authorizcd by law, in the authorized way, is damnr:m absque injuria. Damage resulting from such an act, to be actionable, must be coupled with some neg)igence or misconduct, or the act must have been done at a time, or ir a manner, or under circumstances, which render lhe actor charg able with want ofproper regard for the rights ofothers. In doing a lauful thing in a lawful way no legal right is invaded, although the act may result in damage to another. '.* * r Nor car an action be maintained for damages resulting to individuals from acts done by persons ia tle execution of a public trust and for the public bcnefit, acting with due skill and cauton and withil the scope of their authority. '* * * Nevertheless, the mode of exercisiag a legal right, where there is a choicc of means, may of itself give a cause of action, and an act which, in many cases, is in itself lawful, becomes unlawful when by it damage has accrued to the property of another, especially if it is such an act as is calculated, in the ordinary course ofevents, to damage aaother if done intentionally **364 and without just cause or excuse.' I Am.Jur.Sec. 33, pages 425,426. It appears that the appllee is sued for doing of an authorized act and the exercise of a la*frrl right add that the damages were without wrong' Affirmed. THOMAS, C. J., and BUFOD and ADAMS, JJ.' concur- All Citations 158 Fla. 575, 29 So.2d 363 End of Document O 2018 Thomson euters. No claim lo original U S. Govemment Works' Page 58 of 59

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