PBSD MSTBU Minutes 12/27/2012 Clam Bay Subcommittee 1
CLAM BAY SUBCOMMITTEE OF THE PELICAN BAY SERVICES DIVISION BOARD MEETING MINUTES
THURSDAY,DECEMBER 27,2012
LET IT BE REMEMBERED that the Clam Bay Subcommittee of the Pelican Bay Services Division Board met on
Thursday,December 27,2012 at 1:00 PM at the Community Center at Pelican Bay,8960 Hammock Oak Drive,
Naples,Florida.The following members were present:
Clam Bay Subcommittee a Gt_ NV i
Susan O'Brien,Chairman Mike Levy absent p FEB 2 ® 2013
Tom Cravens Mar Anne Womble
Pelican Bay Services Division Board Also Present BY'
John Chandler Keith J.Dallas
Pelican Bay Services Division Staff
W.Neil Dorrill,Administrator Mary McCaughtry,Operations Analyst
Kyle Lukasz,Operations Manager absent Lisa Resnick,Recording Secretary
Also Present:
Susan Boland,President,Pelican Bay Property Owners Association
Tim Hall,Senior Ecologist&Principal,Turrell,Hall&Associates,Inc.
Jim Hoppensteadt,President and CEO,Pelican Bay Foundation
Kathy Worley,Director of Environmental Science,Conservancy of Southwest Florida
AGENDA
1. Roll call Fiala
2. Approval of December 10 Clam Bay Subcommittee minutes Hiller
3. Clam Bay transition Henning 4-
4. Clam Bay dredging permit Coyle ✓' _ . ✓
5. Updated Clam Bay management plan G _ c _,
6. Audience comments 1-4 ar"te
7. Adjourn
ROLL CALL
With the exception of Mr.Levy,Subcommittee members were present.
APPROVAL OF DECEMBER 10 CLAM BAY SUBCOMMITTEE MINUTES
Mr. Cravens made a motion, second by Ms. Womble to approve the December 10 Clam Bay
Subcommittee meeting minutes as amended, adding Mr.Dallas and Dr. Trecker as Board members
also present. The Subcommittee voted unanimously in favor and the motion passed.
CLAM BAY TRANSITION
Chairman O'Brien reported that on December 18,she and Mr.Dorrill discussed Clam Bay transition issues
with Mr.Gary McAlpin,Mr.Bill Lorenz,Mr.Tim Hall,Mr. Ken Humiston,and Mr.Steve Foge.
CLAM BAY DREDGING PERMIT
The Subcommittee discussed at length Clam Pass'immediate needs and agreed Clam Pass needs dredging
as soon as possible.
Mr. Hall is preparing the Clam Pass dredging permit application on Minriapgticy basis,but the U.S.Army
Corps of Engineers (USACE) would make that determination. He explai ;USACE does not have a special
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procedure to issue an"emergency"permit,but the agency does look at conditions surrounding an application and
if it is determined"critical",USACE can expedite the permit application's review.
Mr.Dorrill reported that due to misunderstanding over who is the managing entity of Clam Bay,the
USACE withdrew the Clam Pass dredging permit application. County Manager Ochs responded to USACE to
reaffirm the Board of County Commissioners'intent and to request that the agency reinstate the application.
Additionally,Mr.Dorrill initiated three items,so that when permit issues are resolved,staff will be
prepared: 1) $18,400 work order to have Agnoli,Barber,&Brundage,conduct a Clam Pass survey;2) Have
Humiston&Moore to prepare preliminary dredging design specifications and construction plans;and 3) staff is
performing a cost analysis of upcoming Clam Bay expenses and budget amendments.
Mr.Dorrill advised there are two dredging contractors that recently completed work nearby that have not
yet relocated the extensive dredging equipment. If the Board of County Commissioners were to declare a dredging
emergency and authorization to bypass the sealed bidding process and use one of these dredging contractors then
the work could start as soon as the permit issues are resolved.
The Subcommittee discussed how to determine the size of the dredge cut and the best way to move
forward to obtain the permit. There was agreement to move forward in a non-controversial manner,and Ms.Mary
Johnson suggested possibly separate the dredging application from the long-term management plan.Audience
consensus(Ms.Marcia Cravens,Mr. Keith Dallas,Mr.James Pettegrove,Ms.Linda Roth,and Ms.Kathy Worley)was
that the Pass needs dredging as soon as possible,but disagreed on what the size of the cut should be and who
should determine it. Ms.Diane Lustig was concerned about water quality and health hazards.
Mr.Dorrill recommended that the experts determine the size of the cut and plans to discuss with USACE
authorities,recommendations for securing a permit to dredge Clam Pass as soon as possible.
Mr.Hall agreed and reported that he did not yet have the engineers'recommendation for the size of the
cut. Further,the dredge cut is limited to the parameters authorized by the permit and authorizing a larger than
actual cut,allows the contractor to deal with unanticipated on-site construction issues. The size of the cut cannot
be arbitrary;if the agency questions it,it will slow down the application process.
Mr. Cravens made a motion,second by Chairman O'Brien to recommend to the full Board that the on
the construction plans, the engineers'are instructed to limit the dredge cut at the entrance for the
emergency dredge to 40 feet. The Subcommittee voted 2-1 in favor, Ms. Womble opposed, and the
motion passed.
UPDATED CLAM BAY MANAGEMENT PLAN
Mr.Hall introduced suggestions to develop an updated and more comprehensive Clam Bay Management
Plan that addresses all habitats,stakeholders and user groups,and navigation. The intent is to develop a
framework or basis outline of a plan,hold a workshop to discuss,write the draft plan,then ask stakeholders to
submit comments.
Ms.Worley suggested first step is to determine what the goals of the management plan are. Stakeholders
should include scientists and recreational users.
The Subcommittee discussed defining stakeholders,but did not make a determination.
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December 27,2012
Mr. Cravens made a motion, second by Ms. Womble, to recommend to the full Board that the PBSD
facilitate roundtable discussions with the opportunity for stakeholders and user groups to be
defined later, to participate with their recommendations for the updates to the Clam Bay
Management Plan and that the PBSD considers the material provided by Ms. Kathy Worley as a
basic how-to-develop a management plan. The Subcommittee voted 2-0 in favor, Ms. Womble
abstained,and the motion passed.
Mr.Dorrill reiterated that this proposed work is not a funded project yet and fiscal impact be considered.
Ms.Cravens said the BCC approved$35,000 to update the management plan and recommended training
Ms.Resnick to apply for grants.
ADJOURN
Mr. Cravens made a motion, second by Chairman O'Brien to adjourn. The Subcommittee voted
unanimously in favor,the motion passed,and the meeting adjourned at 3 p.m.
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Susan O'Brien,Chairman Minutes by Lisa Resnick 12/31/2012 4:49:44 PM
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PELICAN BAY SERVICES DIVISION BOARD REGULAR SESSION MINUTES
WEDNESDAY,JANUARY 2,2013
LET IT BE REMEMBERED that the Pelican Bay Services Division Board met in Regular Session on
Wednesday,January 2,2013 at 1:00 PM at the Community Center at Pelican Bay,8960 Hammock Oak
Drive,Naples,Florida.The following members were present:
Pelican Bay Services Division Board John Iaizzo
Tom Cravens,Chairman Michael Levy
Dave Trecker,Vice Chairman Susan O'Brien
John P.Chandler Mary Anne Womble
Keith J.Dallas John Baron absent
Geoffrey S.Gibson Hunter H.Hansen absent
Pelican Bay Services Division Staff
W.Neil Dorrill,Administrator(participated by phone) Mary McCaughtry,Operations Analyst
Kyle Lukasz,Operations Manager Lisa Resnick,Recording Secretary
Also Present
Susan Boland,President,Pelican Bay Property Owners Association Fiala '!
Kevin Carter,Field Manager,Dorrill Management Group Hiller
Joe Foster,Humiston&Moore Henning T 1 '
Tim Hall,Turrell,Hall&Associates,Inc. Coyle ,/
Jim Hoppensteadt,President&CEO,Pelican Bay Foundation G
Ken Humiston lit v.ir+c e.
Brett Moore,President,Humiston&Moore
65 in audience
FINAL AGENDA
1. Pledge of Allegiance
2. Roll call
3. Agenda approval
4. Elect new Chairman
5. Recent Board of County Commissioners'(BCC)decisions involving Pelican Bay Services Division
(PBSD) presented by Commissioner Georgia Hiller
6. Audience Comments
7. Approval of December 5 Pelican Bay Services Division Board Regular Session Minutes
8. Committee reports
a.Clam Bay Subcommittee
i.Clam Bay transition plan
ii.Clam Bay dredging permit
9. Monthly financial report(deferred to February 13)
10. Cobblestones at San Marino crossing*(John Chandler)
11. Setting Priorities(Keith J.Dallas)
12. Changes to Pelican Bay Services Division Ordinance 2002-27(Keith J.Dallas)
13. Old Business
a.Scheduling meeting to discuss Board policy for reconsideration of votes£
(John Chandler)
14. Miscellaneous Correspondence
15. Adjournment
Misc.Comes:
Date:
Item#:
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Pelican Bay Services Division Board Regular Session Minutes
January 2,2013
ROLL CALL
Nine members were present(Chandler,Cravens,Dallas,Gibson,Iaizzo,Levy,O'Brien,Trecker,
Womble)and two members were absent(Baron,Hanson).
AGENDA APPROVAL
Vice Chairman Cravens made a motion, second by Dr. Trecker, to approve the agenda as
amended: Following item 4, `Elect new Chairman", the Board would proceed with item 5,
"Recent decisions..."presentation by Commissioner Georgia Hiller;then item 13, "Audience
Comments"; then item 9, "Clam Bay dredging permit"presentation by Ken Humiston. The
Board voted unanimously in favor and the motion passed.
ELECT NEW CHAIRMAN
Effective immediately,Chairman Dallas resigned as Chairman of the PBSD Board.
Dr. Trecker made a motion,second by Ms. O'Brien, to nominate Vice Chairman Cravens as
Chairman of the PBSD Board. The Board voted unanimously in favor and the motion
passed.
Chairman Cravens made a motion,second by Mr.Chandler to nominate Dr. Trecker as Vice
Chairman of the Pelican Bay Services Division Board for the interim period from now until
"we have a new Board and elect a new set of Chairman and Vice Chairman". The Board
voted unanimously in favor and the motion passed.
Dr. Trecker made a motion, second by Ms. O'Brien that the Pelican Bay Services Division
Board acknowledges Mr. Keith J. Dallas for his outstanding stewardship as Board
Chairman with a plaque at the next Board meeting. The Board voted unanimously in favor
and the motion passed.
RECENT DECISIONS MADE BY BOARD OF COUNTY COMMISSIONERS(BCC)INVOLVING PELICAN BAY
SERVICES DIVISION(PBSD)PRESENTATION BY COMMISSIONER GEORGIA HILLER
Commissioner Georgia Hiller commented on recent decisions made by the Board of County
Commissioners(BCC)involving Pelican Bay Services Division(PBSD). The BCC reaffirmed that the PBSD is
responsible for managing all aspects of Clam Bay/Pass and January 8,the BCC plans to vote on several related
recommendations: 1)To transfer sufficient funds to PBSD already set aside for Clam Bay projects;2)Declare
the closure of Clam Pass an emergency situation requiring dredging(strictly and solely to allow for adequate
flushing and to preserve the health of the mangroves,and science will determine the size of the dredge cut)as
quickly as possible once permit issues are resolved;3)to direct staff to override the purchasing policy to
avoid the delay of the bidding process;obtain bids from two prospective dredging contractors;and enter into
an agreement with the lowest bidder;and 4)at the time that the Clam Bay Management Plan is revised,all
stakeholders will have the opportunity to participate.
AUDIENCE COMMENTS
Ms.Marcia Cravens was concerned about the U.S.Army Corps of Engineers (USACE) permit
application and PBSD ordinance; Ms.Pat Bush and Dr. Ted Raia were concerned about the"Seagate lawsuit";
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Ms. Annice Gregerson was concerned PBSD would lose responsibility for Clam Bay; and Mr. Scott
Streckenbein and Ms. Diane Lustig were concerned about the inlet closing and impacts to the environment
and public health.
Mr.Hall explained the longer Clam Pass stays closed and water cannot disperse the greater chance of
negative impact to the mangroves by submersion.
APPROVAL OF DECEMBER 5 BOARD REGULAR SESSION MINUTES
Dr. Trecker made a motion,second by Mr.Chandler to approve the December 5 Pelican Bay
Services Division Board Regular Session minutes as presented. The Board voted
unanimously in favor and the motion passed.
CLAM BAY DREDGING PERMIT PRESENTATION BY MR.KEN HUMISTON&MR.BRETT MOORE
Mr.Ken Humiston and Mr.Brett Moore,Humiston and Moore Engineers(HM)made a presentation
about dredging Clam Pass. Based on current conditions,and to increase time between dredging events,HM
recommended the optimal width of the cut at the mouth of the Pass(Cut A)is sixty feet. HM expect to have
the construction plans and specifications complete by January 15 to present to the Clam Bay Subcommittee.
The U.S.Army Corps of Engineers'(USACE)suspended the County's Coastal Zone Management(CZM)Clam
Pass dredging permit application.
Ms.Marcia Cravens and Dr.Ted Raia were concerned about HM's optimal width recommendation.
Mr.Charles Bodo suggested HM consider using methods and structures used to stabilize inlets.
Ms.Kathy Worley suggested HM apply for an interim or one-time only permit to open the pass.
APPROVAL OF TURRELL-HALL WORK ORDER
Mr.Tim Hall distributed Turrell-Hall's(TH)work order of the tasks needed to obtain permits quickly
from several agencies to reopen Clam Pass. Mr.Hall would discuss with USACE officials soon the methods
USACE recommends that PBSD take to obtain the Clam Pass dredging permit quickly. Mr.Dorrill and Ms.
O'Brien plan to attend.Mr.Hall estimates that if PBSD applies for a USACE Nationwide permit the turnaround
for USACE determination to issue the permit is minimum 30-45 days.
A major task of the Turrell-Hall work order is to update the 1998 Clam Bay Management Plan which
would reference having"permits in place"to dredge when needed.Mr.Hall distributed a draft invitation to
participate to"stakeholders",including but not limited to neighborhood associations,conservation and
environmental organizations,user groups,and government agencies.
Ms.Kathy Worley requested Mr.Hall consider suggestions she submitted on developing a
management plan.
A resident presented recent aerial photographs of Clam Pass.
Mr.Chandler made a motion,second by Mr.Levy to approve the Turrell-Hall work order as
presented. The Board voted unanimously in favor and the motion passed.
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MONTHLY FINANCIAL REPORT
Report deferred until February 13.
COBBLESTONES AT SAN MARINO CROSSING*UOHN CHANDLER)
Due to continued complaints from residents of San Marino that the noise made by vehicles driving
over cobblestones were a nuisance,the Board considered removing cobblestones at the San Marino crossing.
Mr.Ted Darrow,Mr.Steve Seidel,Mr.Pat Downing(San Marino);and Dr.Ted Raia expressed
concerns about noise,safety,speeding,and were in support of removing cobblestones at San Marino crossing.
Mr.Jim Hoppensteadt made an indication that as the PBSD Board is responsible for noise abatement
in Pelican Bay,the decision made today would set precedent.
Mr. Chandler made a motion, second by Mr. laizzo, that the PBSD remove the
cobblestones at the San Marino crossing and replace with fire-red clay brick pavers.
The Board took a roll call vote: 5 voted in favor of the motion (Chandler, Cravens,
Gibson,laizzo, Trecker) and 4 opposed(Dallas,Levy, O'Brien, Womble)and the motion
passed.
PROPOSED CHANGES TO THE PELICAN BAY SERVICES DIVISION ORDINANCE(KEITH J.DALLAS)
The Board discussed suggested changes to recommend to the Board of County.Commissioners
regarding the Pelican Bay Services Division Ordinance 2002-27.
Ms.Cravens was concerned about alleged erroneous language in the proposed ordinance.
Mr. Dallas made a motion, second by Vice Chairman Trecker to recommend to the
Board of County Commissioners to amend the proposed PBSD Ordinance:1)regarding
limiting Chairman and Vice Chairman to one-year terms,strike, "... unless all members
have previously served..." to read, `...unless all members have been given the
opportunity to serve..."; and 2) consider staggering this year's appointments, so that
the two applicants receiving the most votes are appointed for four years, and
applicants placing third and fourth are appointed for three years. The Board voted
unanimously in favor and the motion passed.
Ms.O'Brien made a motion,second by Mr.Dallas to recommend to the Board of County
Commissioners to amend the proposed PBSD Ordinance [to manage the current
"interim" Chairman situation until a new Board is appointed] to allow the current
Chairman to serve a fifteen-month term; then revert to the twelve-month term. The
Board voted unanimously in favor and the motion passed.
APPOINTMENT OF CHAIRMAN OF LANDSCAPE WATER MANAGEMENT SUBCOMMITTEE
Chairman Cravens appointed Vice Chairman Trecker as Chairman of the Landscape Water
Management Subcommittee.
APPROVAL TO OBTAIN PERMITTING TO CONSTRUCT AN OSPREY NESTING PLATFORM
Chairman Cravens made a motion,second by Mr.Chandler to direct Mr.Lukasz to
proceed with contacting Mr. Tim Hall to get permitting for the construction of an Osprey
nesting platform near the South Beach facility. The Board voted unanimously in favor
and the motion passed.
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ADJOURN
Ms O Brien made a motion,second by Mr.Chandler to adjourn. The Brd voted
I una ninouslyinfavorthemotionpassedandneetingaiournedat475pm d .
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Tom Cravens,Chairman Minutes by Lisa Resnick 2/4/2013 8:43:05 AM
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