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CBAC Agenda 09/24/2009 MEETING AGENDA CLAM BAY ADVISORY COMMITTEE THURSDA Y, SEPTEMBER 24, 2009 - 9:00 A.M. North Collier Regional Park, 15000 Livingston Road, Administration Building, Room A, Naples. I. Call to Order II. Pledge of Allegiance III. Roll Call IV. Changes and Approval of Agenda V. Public Comment VI. Approval of Minutes 1. August 13, 2009 VII. Chairman's Comments VIII. Staff Reports 1. Activity Update on the following: a. 10 Year Tidal Flushing Maintenance Dredging Permit Application b. Navigational Markers FDEP Permit c. Water Quality Study d. Safety Signs at Clam Pass - Beach and Channel IX. New Business 1. Resignation of Jim Carroll and Appointment of New Vice Chairman of the CBAC 2. Public Outreach Program - Thulman Krumm 3. Review and Approval ofCBAC Report to CACIBCC 4. Review and Approval of the CBAC Proposed Budget to CACIBCC 5. Approval of Procedures for CBAC 6. Open Position CBAC Applicants X. Old Business 1. Mangrove Maintenance Discussion XI. Announcements XII. Committee Member Discussion XIII. Next Meeting Date/Location October 15, 2009 - North Collier Regional Park, 15000 Livingston Road, Administration Building, Room A, Naples. XIV. Adjournment All interested partied are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. For more information, please contact Gail D. Hambright at (239) 252-2966. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34 J 12, (239) 252-8380 Public comments will be limited to 3 minutes unless the Chairman grants permission for additional time. Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department CBAC September 24, 2009 VI-1 Approval of Minutes 1 of 8 MINUTES OF THE MEETING OF THE COLLIER COUNTY CLAM BAY ADVISORY COMMITTEE Naples, Florida, August 13, 2009 LET IT BE REMEMBERED, that the Collier County Clam Bay Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 9:00 A.M., North Collier Regional Park in the Administration Building in Naples, Florida, with the following members present: Chairman: James A. Carroll (Excused) Vice Chairman: John Arceri Ronald A. Glah Noah Standridge Robert Rogers Kathy B. Worley David Roellig Tahlmann Krumm, Jr. David Farmer ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Gail Hambright, Accountant Colleen Greene, Assistant County Attorney Pam Keyes, Environmental Specialist CBAC September 24, 2009 VI-1 Approval of Minutes 2 of 8 I. Call to Order Mr. Arceri called the meeting to order at 9:00 AM II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call Roll Call was taken and a quorum was established. IV. Changes and Approval of Agenda Mr. Krumm moved to approve the Agenda subject to the following additions: Item VIII.l.c. - Water Quality Study Update Item X.3 - Mangrove Maintenance Report by Consultants Second by Mr. Farmer. Carried unanimously 6-0. V. Public Comments Michael Williams, Moorings Bay Taxing District addressed the Committee noting he is familiar with the water flow between Clam Bay and Moorings Bay and remembered when the flap gates were installed at Seagate Drive. They never worked properly so were replaced. Based on historic observation, in his opinion, 98% of the water flow is from Clam Bay into Moorings Bay and the statement that the water from Moorings Bay flows into and pollutes Clam Bay is inaccurate. It was noted this be addressed during the Water Quality Study. VI. Approval of Minutes 1. July 16,2009 - Clam Bay Advisory Committee Minutes Mr. Krumm moved to approve the minutes of the July 16, 2009 meeting. Second by Mr. Farmer. Carried unanimously 6-0. Mr. Roellig arrived at 9:05 am 2. Approval of Subcommittee Minutes Colleen Green, Assistant County Attorney noted the Subcommittees are no longer meeting and is appropriate for the Full Committee to approve them if a Subcommittee member could endorse them. a. March 6,2009 - Clam Bay Permit Subcommittee Mr. Krumm moved to approve the minutes of the March 6,2009 meeting. Second by Mr. Standridge. Carried unanimously 7-0. b. March 18, 2009 - Clam Bay Mangrove Maintenance and Habitat Subcommittee Mr. Roellig moved to approve the minutes of the March 18,2009 meeting. Second by Ms. Worley. Carried unanimously 7-0. CBAC September 24, 2009 VI-1 Approval of Minutes 3 of 8 VII. Chairman's Comments None VIII. Staff Reports 1. Activity Update on the following: a. 10 Year Tidal Flushing Maintenance Dredging Permit Application Gary McAlpin, Director, Coastal Zone Management noted the application has been submitted and the Florida Department of Environmental Protection has responded with a "Request for Additional Information" regarding the following: 1. Assurances the most recent Environmental data and reports are being utilized in the application. 2. Provision of additional geo-technical information (soil borings, clarification on the silt content of a sample, etc.) 3. Notification that monitoring may be required to determine the optimal "cut" which may lengthen the permit process. He noted delays in issuance of the permit may create a problem should the area need to be dredged in the event of the Storm Emergency and no permit has been issued. Staff will be responding to the Request for Additional Information over the next 30 days and anticipated the permit process may include a Request for Public Hearing. He estimated approximately 9-12 months before a permit may be issued. Mr. Roellig passed photos he has taken of the Pass, which indicates it is very shallow. b. Navigational Markers FDEP Permit Gary McAlpin stated the permit has been applied for, and the Florida Department of Environmental Protection has Requested Additional Information from the County. Pelican Bay and other private individuals have petitioned for a Public Hearing on the application. He estimated at least one year before a permit may be official. c. Water Quality Study Update Gary McAlpin noted the Board of County Commissioners have agreed to fund a portion of the Study in the amount of$120,000 and the City of Naples has pledged $25,000 to the Study (to review the existing data and collect new data, etc. required in the proposed Study). Most of the new data collection will be performed during the week of August 17 - 24. It is anticipated a draft Report will be available on October 17, 2009. The Report will include a summary on the need for "Modeling" to complete the Study. CBAC September 24, 2009 VI-1 Approval of Minutes 4 of 8 Speakers Doug Findlay, stated he is familiar with the Estuary as he kayaks in that area and believes that the Water Quality Study to be performed by PBS&J will show 90% of the water flow is from North to South, agreeing with the earlier comments by Mr. Williams. Doug Fee requested clarification on the purpose of the Water Quality Study. Gary McAlpin noted the Report will provide direction on the means required to optimize the flows within the System and provide recommendations for the installation of improvements to control storm water, etc. in the Estuary to ensure proper water quality is achieved. Alice Parker, Pelican Bay Resident, stated she observes the System on a daily basis and noted it is difficult to judge the flows by observation, as it is a very dynamic system. Linda Roth, Pelican Bay Resident requested clarification on the definition of the "System" and ifit includes Doctors Pass. Gary McAlpin noted the area of definition for the Clam Bay Estuary is from Vanderbilt Beach Road to Seagate (Drive); however, to complete a proper study, it is necessary to collect data from surrounding water bodies, which may affect the Water Quality of the "System." Mr. Rogers arrived at 9:35 am IX. New Business 1. Safety Signs at Clam Pass - Beach and Channel Gary McAlpin provided the Executive Summary "Update The Clam Bay Advisory Committee on Safety Marker Progress for Clam Pass." Also submitted was an email string between himself, Staff, and the Pelican Bay Foundation on the proposed wording for "safety signs" in Clam Pass to enhance the safety between swimmers and boaters who utilize the area. The proposed wording has been submitted to the Florida Fish and Wildlife Conservation Commission who is required to approve the final language of the signs. He estimated the signs may be approved in approximately 2 months. Speaker Sarah Wu, Sea gate Resident spoke on behalf of Ernest Wu, President of Seagate Homeowners Association noting he has reviewed the signs and personally approves of the language. The Association has not had the opportunity to formulate an official opinion. CBAC September 24, 2009 VI-1 Approval of Minutes 5 of 8 X. Old Business 1. Mission Statement Update and Review of Open Items Gary McAlpin provided the Executive Summary "Review with the Clam Bay Advisory Committee Mission Statement Commitments, Assess Progress and Revise as needed' for review by the Committee. Mr. Arceri reviewed 3 commitments outlined in the Mission Statement: "Completion of Management Plan and submit a Draft Report to the Coastal Advisory Board (CAC) by 9/30/09 ", "submit a written Report to the Board of County Commissioners (BCC) by 10/20/09 with recommendations on whether the BCC should continue with the Committee" and "if continuation is approved make any necessary changes to the Plan based on guidance from the CAC and the BCC and finalize the Report by 12/31/09. " Discussion ensued on the feasibility of meeting the deadlines. Gary McAlpin noted a draft report on the activities of the CBAC will be available at the September CBAC meeting and include the Progress to date, a Completion Schedule and recommendations on how to complete the Master Plan for the Estuary. The Committee reviewed the status of the Subcommittee's: . Subcommittees 1 (Permits) and 2 (Water Quality Mixing and Runoff) have completed their duties, or have items awaiting funding approval by the BCC. . Subcommittee 3 (Mangrove Maintenance and Estuary Habitat) has completed its task and determined that the on-going Maintenance Programs should continue. It was noted the maintenance for this fiscal year has been fully funded and being performed by Pelican Bay Services Division. The County continues to work with the Division in the funding and scope of the work. . Subcommittee 4 (Maintenance Dredging and Bypassing) activities will be determined as a result of the Water Quality Study being performed by PBS&J. . The topics of Public Education and Outreach have not yet been initiated. . The topic of Funding is the responsibility ofthe Staff and is continuing. Gary McAlpin noted he will have PBS&J contact Kathy Worley for any available data that may be of assistance to the Water Quality Study. Speaker Jerry Moffatt, Pelican Bay Services Division noted the funding for the on-going maintenance is being supplied by the Division and the County. CBAC September 24, 2009 VI-1 Approval of Minutes 6 of 8 The Committee determined Mr. Krumm meet with citizens Cora Obley and Sarah Wu to address the topic of Public Education and Outreach. Gary McAlpin noted the Draft Report will be provided to the CAC and the BCC in October. Colleen Green noted the Committee should provide a recommendation by October 20, 2009 to the BCC on whether or not the CBAC should continue. Ms. Worley took issue with the statement contained in item #3 of the Executive Summary, which states, "Negative comments/lobbying by a Clam Bay Advisory Committee member to the BCC negatively impactedfullfunding and our ability to get everything done at once." She stated: . She had provided a minority opinion to the BCC regarding some decisions made by the CBAC as she voted in the minority at the Committee meeting and noted she has a right to address the BCC on issues. Her comments did not negatively affect the outcome of the decision. . The funding decision was a result of budget constraints/cuts to County Programs given the current economic climate. . She expressed concern, with respect to the Water Quality Study, the bidding specifications (Best Value Offer). Mr. Arceri expressed concern that the Water Quality Study was originally approved unanimously by the CBAC; there was no "minority" vote. If it is the wish of an individual to provide a "minority opinion" in the future, the item can be brought in front of the full Committee so they are aware of it. Ms. Worley agreed, but noted the issue ofa Best Value Offer for the Water Quality Study arose shortly before the BCC meeting and there was not ample time to present it to the full Committee. 3. Funding Update Gary McAlpin provided the Executive Summary "Update the Clam Bay Advisory Committee on funding progress and plans" for review by the Committee. Speaker Marcia Cravens expressed concern on the scope of the Committee as the problem with Water Quality lies within Moorings Bay and the untreated storm water entering the Bay. She requested the Committee rename itself "Moorings Bay Advisory Committee." She expressed concern that the County may make improper changes, which may inappropriately affect the Growth Management Plan. She submitted the following documents for the record: . Collier County Ordinance 76-30 . Collier County Ordinance 93-37 CBAC September 24, 2009 VI-1 Approval of Minutes 7 of 8 . "Coastal Zone Management Planfor Collier County Florida, October 1,1991 . Collier County Resolution 92-119 . Collier County Ordinance 96-16 . Executive Summary "Recommend the Board of County Commissioners Approve the Ordinance Posting the Clam Bay System as an Idle Speed Zone" - Agenda Item April 9, 1996. . "Request for Public Hearing"- Re: Ordinance 96-16. . Minutes, Board of County Commissioners meeting April 9, 1996 . County Growth Management Plan - Conservation and Coastal Management Element, Adopted October, 199, last amended January 2007 . Minutes, Board of County Commissioners, May 18, 1999 . Diagnostic Feasibility Study for Moorings Bay, Collier County Florida, Dated January 1981 - Prepared by Florida Department of Environmental Regulation . Save the Bays Report Volume 6, August 2008. 3. Mangrove Maintenance by Consultants Previously discussed under item X.l - Mission Statement Update and Review of Open Items. Speaker Marcia Cravens noted there exist technical resources, which could be utilized for any proposed changes to the Natural Resources and Protection Area. She submitted the following documents for the record: . "Natural Resources of Collier County Florida - Partl- Beach Management Planning and implementation Strategies at the Local Level, 1983 - Technical Report No. 83-1. " . "Natural Resources of Collier County Florida - Part -3 - A Resource Management Programfor the Coastal Barriers of Collier County, Florida Beach Management Planning and implementation Strategies at the Local Level, 1983 - Technical Report No. 83-3. " . "Natural Resources of Collier County Florida - Part -1 - Natural Resources Management 1984 - Technical Report No, 84-1. " . "Natural Resources of Collier County Florida - Part -2 -Coastal Barrier Resources 1984 - Technical Report No. 84-2. " . "Natural Resources of Collier County Florida - Part -3 - Coastal Estuarine Resources 1984 - Technical Report No. 84-3. " . "Natural Resources of Collier County Florida - Part -4 - Coastal Zone Management Units: Data Inventory and Analysis - 1984- Technical Report No. 84-4. " . "Natural Resources of Collier County Florida - Part -6 - Draft Ordinancesfor Protection of Coastal Ecosystems 1984 - Technical Report No. 84-6. " CBAC September 24, 2009 VI-1 Approval of Minutes 8 of 8 . "Natural Resources of Collier County Florida - Recommendations and a Program for Resource Management and Protection for the Undeveloped Lands of Collier County's Coastal Zone - 1985- Technical Report No. 85-1. " . "Natural Resources of Collier County Florida - Natural Resources Management in the Coastal, Inland and Upland Zones of Collier County: Summary of Data Analyses and Program Recommendations - 1988 - Technical Report No. 88-1. " Mr. Arceri requested clarification on the purpose of providing the memo in the CBAC meeting packet from Turrell, Hall and Assoc. to Pelican Bay Services Division dated March 20, 2009 - Subject "Mangrove Maintenance Scope of Work." Gary McAlpin noted this is part ofthe scope of work being discussed with Pelican Bay Services Division previously discussed under item X.l - Mission Statement Update and Review of Open Items. XI. Announcements None XII. Committee Member Discussion Ms. Worley noted her comments are not to be deemed personal in nature towards County Staff, but requested full disclosure of any future items applicable to the Committee. XIII. Next Meeting Date September 24, 2009 - North Collier Regional Park, 15000 Livingston Road, Naples There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:37 AM. COLLIER COUNTY CLAM BAY ADVISORY COMMITTEE John Arceri, Vice-Chairman These Minutes approved by the Board/Committee on , as presented or as amended - CBAC September 24, 2009 IX-3 New Business 1 of 7 CLAM BAY ADVISORY COMMITTEE - STATUS REPORT The Clam Bay Advisory Committee, as outlined in County Ordinance 2008-48, is charged with developing a Master Plan for the health, management and long term viability of the Clam Bay Estuary. The following is a summary of the Mission, Functions and Duties of this Advisory Committee and the progress accomplished to date towards the development of a Management Plan. This summary also addresses management plan completion dates, funding requirements and recommendations on the long term management of this valuable County asset. Mission: The Clam Bay Advisory Committee developed the following Mission Statement that was approved by the Clam Bay Advisory Committee, the Coastal Advisory Committee and the Board of County Commissioners. The approved mission is as follows: 1. The Committee's mission is to advise, assist and make joint recommendations to the Board of County Commissioners ("BCC") and the Coastal Advisory Committee ("CAC") with all major issues affecting the management, use, direction, health and long term viability of the Clam Bay Estuary in accordance with the protection afforded Clam Pass and Clam Bay's NRPA and conservation designations as delineated in the Future Land Use Element of the Collier County Growth Plan and Coastal Zone Management Plan. In doing so, the Committee will formulate recommendations for review and recommend possible funding sources that may be required by such recommendations. 2. The Committee's powers and functions are as an advisory group with the responsibility of making recommendations pertinent to the Estuary. 3. The Committee has defined its specific duties and scope of work relative to its defined mission as the review and recommendations associated with, but not limited to, the major issues listed below. The Committee plans on integrating their recommendations on these specific issues into a comprehensive long term management plan as well as suggested guidelines for the day-to-day operation of the Estuary. . Permit issues, requirements and compliance . Water quality and sampling programs . Tidal flushing and mixing . Mangrove maintenance . Maintenance of hand dug channels . Nutrient loadings and runoff control . Maintenance of Clam Pass . Sand bypassing at Clam Pass . Navigational use and marking . Estuarine wildlife and habitat optimization Clam Bay Advisory Committee Update and Recommendations - 8/31/2009 Page 1 CBAC September 24, 2009 IX-3 New Business 2 of 7 . Public education and outreach . Funding 4. The Committee is scheduled to sunset by December 31, 2009 unless extended by the BCe. The Committee is to submit a complete status report on their mission to the BCC by October 20, 2009 and make recommendations on its possible continuance. This report highlights the Committees major actions on its numerous mission items and makes the required recommendations for BCC consideration. Permits Task: Review navigational issues associated with Clam Pass for the specific purpose of compliance with old permit conditions and the closing out of such permits. This subcommittee will also complete the required application for a new dredging permit for Clam Pass that enables minimal dredging for tidal flushing. Actions Taken: 1. Regulatory Agencies in official correspondence has directed Collier County to come into compliance with USACE permit conditions requiring Clam Pass/Bay to be marked for navigation per USCG standards. A navigational marker plan has been prepared and approved by the Clam Bay Advisory Committee, the Coastal Advisory Committee and the Board of County Commissioners. Florida Department of Environmental Protection has approved our permit request by "Consent Rule" for the installation of these navigational markers citing that since these markers are on sovereign submerged land, any restrictive covenants between Collier County and the Pelican Bay Foundation do not apply. The Pelican Bay Foundation and several individuals have challenged this ruling and petitioned for a Formal Administrative Hearing. Additionally, staff has applied for and received the USCG permit to install these markers. It is anticipated that resolution of this item will not be resolved until the Administrative law Judge rules on this petition. 2. A new 10-year permit application on exactly the same technical basis as the previously granted permit has been submitted to FDEP and the USACE for tidal flushing maintenance dredging of Clam Pass. Collier County is currently answering FDEP's Request for Additional Information in an attempt to perfect the permit application. It is anticipated that the permit process will take an additional 9-12 months. FDEP refused a second one-year permit extension and no tidal flushing maintenance dredging or emergency storm dredging work can occur without this permit in place. To date, no individual or organization has filed a request for an Administrative Hearing on this permit application. FDEP is strongly considering requiring Collier County to model the system to obtain the exact cross section of the pass cut. If this is required, it will Clam Bay Advisory Committee Update and Recommendations - 8/31/2009 Page 2 CBAC September 24, 2009 IX-3 New Business 3 of? lengthen the permitting time frame considerably due to the controversy associated with the ebb shoal and the width of the cut at Clam Pass. 3. Safety signage in Clam Pass is a critical issue. Clam Pass is the only County pass where swimmer and boater directly interface. The County and The Pelican Bay Foundation have agreed to work together to protect all the residents of Collier County by installing two Informational safety markers/signs on the beach and two informational markers within and outside the pass to warn boaters and swimmers of potential safety issues. Proposed locations and size have been agreed upon and wording is being worked with FWC in Tallahassee. FWC will be required to permit the signage. These signs should be installed by 11/1/2009. Status: All committee required action has been completed with the exception of monitoring the progress to assure proper implementation. Water Qualitv. Mixin~ and Runoff Task: In order to accomplish the mission of the Clam Bay Advisory Committee; water quality standards, monitoring programs, mixing, flushing, tidal modeling and circulation data, along with natural resources characterizations, must be performed as outlined below: 1. Water Quality and Sampling activities to include the review of prior water quality data, technical reports, quality assurance and control procedures, laboratory certifications, state reporting requirements and investigate water quality trends and impact on estuarine wildlife and vegetation. Make recommendations on required water sampling and testing to assure the long term viability of the Estuary. Make recommendations on the sampling protocol to be consistent with other water quality programs. 2. Tidal Flushing and Mixing study to review all available technical data and make recommendations on studies that could be undertaken to improve the overall health of the Estuary by the identification and optimization of tidal flushing and mixing within the entire estuary. Overall optimization of the entire system is required to enhance estuarine wildlife. Habitat and restoration recommendations, if appropriate, are also to be considered. 3. Nutrient Loading and Runoff Control identification is the third major portion of this analysis. This analysis will review previous reports on the sources and impact of run off on the Estuary's water quality, mangroves and estuarine wildlife and habitat. This will include a complete review of nutrient loadings, an identification of the major sources of runoff and recommended actions to reduce runoff that is having a negative impact on the Estuary. Clam Bay Advisory Committee Update and Recommendations - 8/31/2009 Page 3 CBAC September 24, 2009 IX-3 New Business 4 of 7 Actions Taken: Staff and the CBAC began working with PBS&J over a nine months period to develop the methodology and scope for water quality studies within Clam Bay. PBS&J was selected because they were currently under contract with the County; they possessed extensive knowledge and expert staff credentials working in similar estuaries in SW Florida; and their neutral consultant status not having performed extensive consulting in this area or for the County. They had no previous consulting position that needed to be justified or maintained. Additionally, staff felt strongly that they were best qualified to effectively collect and analyze the scientific data and make recommendations based on the best science available. In addition, a Best Value Offer was solicited from all firms under the Coastal Zone Management Consulting Contract. PBS&J and Johnson Engineering responded to the solicitation and PBS&J was selected by an independent selection committee utilizing standard criteria. At the June 23, 2009 BCC meeting, the Board of County Commission authorized $120,000 to evaluate all existing data and move forward with the data collection phase of the Water Quality Study program that was recommended by the CBAC. In addition, the City of Naples authorized $23,644 to the water quality program. With the City of Naples money and funds from the Commission, enough funding was available to complete the data review and the data collection phase of this project. This is the first three scope/work items of the PBS&J proposal and includes: 1. Development of a Water quality program - $23,644: This included the review of all the existing water quality data and all previous modeling studies along with setting the water quality standards in Clam Bay with FDEP and recommendations for a sampling program, which are largely done. 2. Sediment and Biological Characterization - $20,804: This included sediment sampling along with identification and characterization of the plant and marine life in Clam Bay. 3. Physical Data Collection - $95,994: This includes subsurface topography along with flow, tidal and current information at various locations within Clam pass and bay. These work items should be completed and a draft report available by mid October 2009. Status: The CBAC will review the final phase 1 report and submit appropriate recommendations along with costs for the next phase to the CAC and the BCC in December, 2009. If the Committee finds that any of the existing data or models can be used more extensively than previously thought, they will be incorporated into the next phase. The second phase of this program, after BCC authorization to proceed, will be as follows: · Development of a Circulation model (4a) - $86,017 · Sediment bypassing and Transport modeling (4B) - $38,550 · Peer Review - $50,000 Clam Bay Advisory Committee Update and Recommendations - 8/31/2009 Page 4 CBAC September 24, 2009 IX-3 New Business 5of7 The complete report along with recommendations from the water quality study should be completed in 2010. Mamzrove Maintenance and Estuarv Habitat Task: Review and submit recommendations for ongoing mangrove maintenance and maintenance of the hand dug channels. Actions Taken: The Committee has worked with the Pelican Bay services Division in reviewing their successful mangrove maintenance program. To accomplish this, prior technical reports on the condition of the mangroves, trend analysis and previously recommended actions were reviewed to assure long term health of the mangrove community. The Committee has accepted the past practices as a basis for future mangrove maintenance. However, specific firms contracted for implementation may vary based on the cost effectiveness of proposals received at the time of implementation. Review of the estuary wildlife and habitat has already begun with the sediment samples/analysis performed in the data collection phase of this project. Status: Based on this information and a review of biological and ecological data, preliminary recommendations on improving the health of estuarine wildlife and habitat will be made. This will be a preliminary analysis that will be scope managed as funding allows. Mangroves, seagrasses, oysters, and clams are the leading indicators and will be the only species covered at this time. This report will be completed and integrated into the final management plan issued in 2010. Maintenance DredJZinJZ and Sand BvpassinJZ Task: This activity will consist of reviewing previous reports on channel related issues and the evaluation of various dredging cross sections to the stability of Clam Pass, the optimum flushing levels of Clam Bay and the re-nourishment needs of the surrounding beaches. Actions Taken: This work was not planned to start until the 10 year permit was finalized and would be the second portion of the modeling program. FDEP is leaning towards completion of the modeling program as part of the lO-year permit. If this is the case, modeling of the system will be a permit condition and will begin as soon as the data collection is completed. Status: It is anticipated that this item will be included in the final management plan that will be presented to the BCC in 2010. Clam Bay Advisory Committee Update and Recommendations - 8/31/2009 Page 5 CBAC September 24, 2009 IX-3 New Business 6of7 Public Education and Outreach Task: This activity will prepare outlines of a proposed education plan for the public, local residences and stakeholders of the Estuary waters. The plan will include suggested material needs and methods for reaching all of the Estuary users. The focus of the public outreach program will involve all stakeholders on the need for public involvement and action to help assure the long-term viability of the Estuary. Actions Taken: A special committee consisting of CBAC leadership with members of the public residing in Sea Gate and Pelican Bay was formed to develop a public education and outreach program. The highlights of their recommendations are as follows: 1. An open letter from CBAC's chair to the Pelican Bay, Seagate, and Naples Cay communities to update and communicate Clam Bay/Pass status. This mailing would assure maximum exposure reaching approximately 8,500 households and cost $4,000 per mailing. Updates should follow by mail every quarter until the CBAC ceases to exist and/or the projects are completed. The cost total anticipated will be $16,000. The "modelletter" I sent along a few days ago is just that. The chairman's letter may resemble it in rough form or it may not, but most certainly some of the details and some if not all of the wording will have changed. 2. A more direct informational exchange is related web sites. At a minimum, the Collier County website, the City of Naples web site and the Pelican Bay Foundation web site are available for postings. Other sites like the Conservancy and the PBSD may also be available. These postings should be updated more regularly as projects are completed or as new developments occur. 3. The educational component of Clam Bay/Pass experience should also be showcased to enhance the public's understanding of Clam Bay Estuary. A critical review of the informational signage on and around Clam Bay with the purpose of educating the public should be undertaken. A significant, modern, updated approach to signage wouldn't investigated. Status: The recommendations of the special committee will be finalized and included in the final report to the Bee in 2010. Clam Bay Advisory Committee Update and Recommendations - 8/31/2009 Page 6 CBAC September 24, 2009 IX-3 New Business 7 of 7 Bud~et and Fundin~ Sources Task: This activity reviews all of the recommendations of the Clam Bay Advisory Committee and formulates estimated funding requirements and sources of funds to enable implementation of the recommended management plan. It identifies possible funding sources such as the Tourist Development Council, local City governments and associations, national, state and county governments and a review of availability of grants from all possible sources. Actions Taken: A copy of the funding requirements through the development of a management plan is attached. Status: Receive approval from the BCC for this final long term budget and funding plan. Committee Future Task: Per Ordinance, the Clam Bay Advisory Committee is schedule to sunset on 12/31/2009 unless an extension of the sunsetting provision is requested of the BCC by the CBAC by 10/20/2009. Action Taken: As noted in this status report the CBAC requires time beyond 2009 to complete its testing, its review of data, its completion of a long term management plan for the Estuary and its recommendations on the management of such plan. Status: The Clam Bay Advisory Committee is requesting that this advisory committee not be sunsetted until the Management Plan for Clam Pass/Clam Bay has been developed, vetted within the community and approved by the BCe. This will require a first extension of the Committee by the BCC through June 30, 2010. Additional extensions or permanent status may be considered by the BCC at that time. Clam Bay Advisory Committee Update and Recommendations - 8/31/2009 Page 7 CBAC September 24, 2009 IX-4 New Business 1 of 1 Clam Bay Advisory Committee ODerational Bude:et and CaDital Reauirements - Aue:ust 2009 throue:h July 2010 Fundine: Reauirements - Aue:ust 2009 throue:h July 2010 $ $ Man2rove Maintenance The Board of County Commissioners has funded Clam Bay mangrove maintenance for FY 09 and FY10 through the Pelican Bay Services Division. $170,000 has been budgeted for mangrove maintenance by the PBSD for FY2010. This includes all $0 capital and expense items. Funding and responsibility for future years is yet to be determined. No funds are included in the budget of the Clam Bay Advisory Committee for this activity. EXDense Items Court Recording and Documentation Costs (12 months at $300/mo.) $3,600 Water Quality Monitoring Chemicals and YSI probes $1,000 lab Fees (12 months at $1300/mo) $15,600 Consulting and Analysis Support $5,000 Public Outreach and Communciations $16,000 Expense Items Total $41,200 Fund 195 - System Modelin2 Optimization of tidal flushing, water quality and mixing $86,017 Optimize of pass/cross sections including sediment bypassing and transport modeling $38,500 Existing model review and analysis $8,000 195 Fund Capital Total $132,517 Other CaDital Peer Review $50,000 Sediment toxicology $15,000 Installation of Beach and Inlet Safety signs and Permitting $5,000 Permitting and Installation of Navigational Markers in Clam Bay $15,000 Other Capital Total $85,000 Total FY10 Funding Requirements $258,717 Previously Funded Activities Mangrove Maintenance FY 2010 by PBSD $170,000 Water Quality and Model Data Review/Anaylsis - County $120,000 Water Quality and Model Data Review/Anaylsis - City of Naples $23,644 10-year Permit Application $115,700 $429,344 Total FY10 Funding Req and Previously Funded Activities $688,061 CBAC September 24, 2009 IX-5 New Business 1 of6 EXECUTIVE SUMMARY Review, approve and authorize the Chairman to sign Procedures for Clam Bay Advisory Committee. OBJECTIVE: To provide Procedures for the Clam Bay Advisory Committee meetings. CONSIDERATIONS: The attached document outlines the recommend procedures for the Clam Bay Advisory Committee. Per Ordinance No. 2008-48 creating the Clam Bay Advisory Committee Section Five. Officers; Quorum; Rules of Procedure states the following: "The Committee shall, by majority vote of the entire membership, adopt by-laws for the scope and transaction of business to be approved by the Board of County Commissioners." FISCAL IMPACT: N/A GROWTH MANAGEMENT IMPACT: N/A LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office. This item is legally sufficient for Board action. - CMG RECOMMENDATION: Approve and authorize the Chairman to sign the attached document outlining the Procedures for Clam Bay Advisory Committee. PREPARED BY: Gail Hambright, CZM CBAC September 24, 2009 IX-5 New Business 2of6 COLLIER COUNTY CLAM BAY ADVISORY COMMITTEE PROCEDURES FOR CLAM BAY ADVISORY COMMITTEE September 24, 2009 A. General: 1. Meetings: Regular meetings of the advisory board shall be held on such day, time and place as may be determined by the advisory board, and at a minimum of once a month, except for one month in the summer. 2. Quorum and Voting: At all regular or special meetings of the advisory board, a majority of the membership of the advisory board shall constitute a quorum. V oting shall be by voice unless a member of the advisory board requests a roll call. The roll shall be in alphabetical order with the first name called rotating with each motion upon which the vote is called. The Chairman shall always vote last. A record of the roll call shall be kept as part of the minutes. 3. Special Meetings: Special meetings may be called by the Chairman at any time provided adequate notice is given pursuant to Paragraph 4 below. The chairman may also call a special meeting when requested to do so in writing by a majority of the members of the advisory board or by a County staff member. The notice of such a meeting shaH specify the purpose of such a meeting and no other business may be considered except by unanimous consent of the advisory board. All members of the advisory board shall be notified in advance of such special meetings by the staff liaison. 4. Notice and Publication: The staff liaison shall give notice and keep record of such notice of its meetings and the meeting of the subcommittees including the date, time, and location of each regular and special meeting. Notice shall be posted in the county administration building and other appropriate locations as recommended by the advisory board and to the County Public Information Department for future distribution. 5. Open Meetings: All meetings of the advisory board or its subcommittees shall be open to the public and governed by the provisions of Florida's Government in the Sunshine Law. CBAC September 24, 2009 IX-5 New Business 3of6 6. Minutes: The minutes of all meetings shall be promptly recorded, and such records shall be open to public inspection, in accordance with applicable law. 7. Location: Meetings of the advisory board, or any of its subcommittees, shall be held in a location accessible to the public. 8. Meeting Agenda: There shall be an agenda for each meeting of the advisory board which shall determine the order of business conducted. The board shall not take action on any matter, proposal, report or item of business not listed upon the official agenda unless a majority of the Board present consents. Any advisory board member, in the case of an advisory board or a subcommittee member in the case of a subcommittee, may place an item on the agenda by submitting it to the Chairman for forwarding to the staff liaison prior to the deadline for publishing the notice of such meeting. The Chairman shall determine whether the item submitted by the board member is relevant to the purposes of the advisory committee. Upon his/her finding that the item is relevant, it shall be included in the agenda. Staff-initiated agenda items are not subject to prior review by the Chairman. 9. Order of Business: The order of business at regular meetings shall be as follows: (a) Call to Order (b) Pledge of Allegiance (c) Roll Call (d) Changes and Approval of Agenda (e) Public Comment (f) Approval of Minutes (g) Chairman's Comments (h) Staff Reports (i) New Business U) Old Business (k) Announcements (I) Committee Member Discussion (m)Next Meeting Time, Date and Location (n) Adjournment B. Agenda Items Requiring Action (Old Business and New Business): I. General: All members of the public who address the Board shall utilize the speaker's podium to allow their comments to be recorded, and shall identify themselves by name and local addresses, if applicable. Further, any speaker speaking on behalf of an organization or group of individuals CBAC September 24, 2009 IX-5 New Business 4of6 (exceeding five) shall indicate such and shall cite the source of such authority whether by request, petition, vote, or otherwise. 2. Speaker Registration: Persons, other than staff wishing to speak on an agenda item shall, prior to the item being heard, register with the staff liaison on the forms provided. Five (5) or more persons deemed by the Board to be associated together or otherwise represent a common point of view, as proponents or opponents on any item may be requested to select a spokesperson. All persons may speak for a maximum of three (3) minutes each. 3. Restrictions on Comments Deemed not Germane to the Item: Notwithstanding any provisions herein, any board member may interrupt and/or stop any presentation that discusses matters that need not be considered in deciding the matter then before the Board for consideration. At any Board proceeding, the Chairman, unless overruled by majority of the Board members present, may restrict or terminate presentations which in the Chairman's judgment are frivolous, unduly repetitive or out of order. C. Order and Subiect of Appearance: To the extent possible, the following shall be the order of the proceeding: 1. Preliminary Statement: The Chairman shall read the title of the Agenda item. 2. Initial Presentation by Staff: County staff shall make the initial presentation to the Board regarding any item under consideration. After completion of the staff presentation, the Board may make inquiries of staff at this time. 3. Initial Presentation by Petitioner or Proposer: Petitioner or Proposer shall make the initial presentation to the Board regarding any item under consideration. After completion of the presentation by the Petitioner or Proposer, the Board may make inquiries of the Petitioner or Proposer at this time. 4. Speakers: After Board inquiry, speakers shall be allowed to speak based on the time limitation guidelines outlined in the preceding subsection B above. During and after a speaker's presentation, the Board shall have an opportunity to comment or ask questions of or seek clarification from such speaker. The Board may also allow staff to comment, ask questions of or seek clarification from speakers. 5. Restrictions on Testimonv or Presentation of Evidence: Notwithstanding any provisions herein, any board member may interrupt any presentation CBAC September 24, 2009 IX-5 New Business 5of6 that contains matters which need not be considered in deciding the matter then before the Board for consideration. At any Board proceeding, the Chairman, unless overruled by majority of the Board members present, may restrict or terminate presentations which in the Chairman's judgment are frivolous, unduly repetitive or out of order. D. Rules of Debate: The following rules of debate shall be observed by the Board. Except as herein provided questions of order and the conduct of business shall be governed by Robert's Rules of Order. 1. Motion under consideration: When a motion is presented and seconded, it is under consideration and no other motion shaH be received thereafter, except to adjourn, to lay on the table, to postpone, or to amend until the question is decided. These countermotions shall have preference in the order in which they are mentioned, and the first two shall be decided without debate. Final action upon a pending motion may be deferred until the next meeting by majority of the members present. 2. Chairman participation: The presiding chairman may move, second and debate from the chair, and shall not be deprived of any of the rights and privileges of a committee member by reason of being the presiding chairman. 3. Form of address: Each member shall address only the presiding officer for recognition, shall confine himself to the question under debate, and shall avoid personalities and indecorous language. 4. Interruption: A member, once recognized, shall not be interrupted except by the Chairman if the Chairman determines that the member's participation is irrelevant, frivolous or out of order. Any member may appeal the decision of the Chairman to the committee for decision by majority vote. 5. The question: Upon the closing of debate, any member may require a roll call vote. Any member may give a brief statement or file a written explanation of his vote. E. Public Comment on General Topics: Members of the public may register to speak on general topics under the Public Comment portion of the CBAC agenda. The number of speakers permitted to register under public comment on any given agenda shall be limited to a maximum of five, unless the Chairman recognizes additional speakers. 1. Speaker Registration: Individuals wishing to speak to the CBAC under public comment at any regularly scheduled meeting of the CBAC shall CBAC September 24, 2009 IX-5 New Business 6of6 register to speak in writing on the form provided by the County prior to the public comment portion ofthe agenda being called by the Chairman. F. Reconsideration : There shall be no reconsideration of items before the Clam Bay Advisory Committee relating to expenditures of Category A TDC funding. G. Conflicts of Interest: Any Member having a potential voting conflict shall publicly state the nature of the conflict at the Clam Bay Advisory Committee meeting and complete Form 8B (Memorandum of Voting Conflict for County, Municipal and Other Local Public Officers) within 15 days of the scheduled meeting. John Arceri Chairman CBAC September 24, 2009 IX-6 New Business 1 of 7 EXECUTIVE SUMMARY Review of Clam Bay Advisory Committee (CBAC) Applicants OBJECTIVE: To make recommendation to the BCC for appointment to the CBAC. CONSIDERATIONS: One CBAC seat is vacant representing Pelican Bay area of Collier County. County Ordinance indicates that Advisory Boards and Councils are encouraged to make recommendation on vacancies on their Board or Council. Attached is a recap of the applicant for this vacancy. Please review this applicant with the goal to make recommendations for appointment to this CBAC vacancy. STAFF RECOMMENDATION: County Ordinance indicates that staff is not to make recommendations for County Commission appointments. RECOMMENDATION: To review applicant and make recommendations for appointment to this CBAC vacancy. PREPARED BY: Gail Hambright, CZM CBAC September 24,2009 IX-6 New Business 2 of 7 PRESS RELEASE FOR IMMEDIATE RELEASE AUGUST 28, 2009 The Collier County Board of Commissioners is seeking applications for positions on several advisory committees. The Clam Bay Advisory Committee has 1 vacancy representing Pelican Bay due to a resignation with the term expiring on December 31, 2009. This 9 member committee was created on September 9, 2009 by Ordinance 2008-48 to advise and make recommendations to the Coastal Advisory Committee and the Board of County Commissioners on matters pertaining to the management and operation of the Clam Bay estuary. The committee shall make recommendations as to its duties, functions and responsibilities along with developing a comprehensive work plan that focuses on the needs of the estuary. This committee will provide a written report to the Board of County Commissioners no later than October 20, 2009. The committee will sunset on December 31, 2009 unless re-established by the BCC. Members will represent the following categories: 2 members from Pelican Bay, 2 members from the Sea Gate/Naples Cay area, 2 technical positions, and 1 member from each of the Commission Districts 1, 3 and 5. On May 26,2009, the Board of County Commissioners adopted Ordinance No. 2009-27 creating the Consumer Advisory Board (CAB). The Board is seeking 5 members for the purpose of hearing any appeals from adverse administrative decisions regarding a public vehicle license permit. They will also hear all public consumer issues. No member of the CAB shall be a current motor vehicle for hire owner or operator, nor shall they be a family member of the same household of a current motor vehicle for hire owner or operator. Adverse decisions ofthe CAB may be appealed, within thirty (30) days, to the Board of County Commissioners. The CAB will be a quasi-judicial board. After initial appointments, terms will be 4 years. The Environmental Advisory Council has 1 vacancy for an Alternate position, with the term expiring on July 28, 2011. This 9 member (plus 2 alternate members) council was created by Ordinance 91-102, repealed by Ordinance 2004-41, as amended to act in an advisory capacity to the Board in matters dealing with the regulation, control, management, use or exploitation of any or all natural resources within the County, and the review of all land development petitions which require an environmental impact statement (EIS) per section 10.02.02 A of the Code, all developments of regional impact (DRI), lands with special treatment (ST) or Area of Critical State Concern/ Special Treatment zoning overlays, areas of the county covered by interlocal agreements, any petitions which cannot be resolved between the applicant and staff. The membership will include technical and non-technical members. Technical members shall demonstrate evidence of expertise in one or more of the following areas related to environmental protection and natural resources management: Air Quality, Biology (including any of the sub-disciplines such as botany, ecology, zoology, etc.), Coastal Processes, and Estuarine Processes, Hazardous Waste, Hydrogeology, Hydrology, Hydraulics, Land Use Law, Land Use Planning, Pollution Control, Solid Waste, Stormwater Management, Water Resources, Wildlife Management, or other representative areas deemed appropriate by the Board such as, but not limited to, a representative of the development community. Alternate EAC members will be requested to attend meetings when regular EAC members have notified staff that they will be absent. Alternate members will participate in discussions and vote when replacing a regular member. Alternate members must be technical members that can demonstrate expertise in environmental protection and natural resource management. Terms are 4 years. A list of the current membership is included in the backup. CBAC September 24, 2009 IX-6 New Business 3 of? The Hispanic Affairs Advisory Committee had 1 term expire on June 25, 2009. This 9 member board identifies and evaluates problems unique to the Hispanic Community, reviews and recommends ways to ensure open communication between the minorities and Collier County Government and provides periodic reports to the Board of County Commissioners. Terms are 4 years. The Horizon Study Oversight Committee has 1 vacancy due to a resignation with the term expiring on April 28, 2012. This committee was created on February 24,2009 by Resolution No. 09-38. This 3 member 1 alternate member will represent the citizens, business owners and property owners within the Study area. The committee will further the goals of the East ofCR951 Infrastructure and Services Horizon Study by providing for the prioritizing of position points established within the study; ensure the position points and areas of concern expressed by the public are acted upon by general purpose County government in a logical and timely manner; monitor the annual updating of the Collier Inter- Active Growth Model; and, make recommendation upon the appropriate and beneficial utilization of the Growth Model as a supplemental planning tool, as well as identify areas for the potential additional areas of application. Terms are 3 years. The Radio Road East of Santa Barbara Boulevard to Davis Boulevard Advisory Committee is seeking 2 members. This newly created 5 member committee was established on July 28, 2009 by Ordinance No. 2009-44 to recommend to the Board of County Commissioners an itemized budget of the amount of money required to carry out the business of the MSTU, recommend work programs and priorities in accordance with the adopted budget/budget amendments in carrying out the MSTU and may adopt guidelines to govern its operation and the operation ofthe MSTU, subject to approval by the Board of County Commissioners. Members must reside within the MSTU which will include Sapphire Lakes, The Shores, Furse Lakes Club, Granada Lakes Villas, Ibis Club, Madison Park, Blue Heron, Sherwood Park, Berkshire Lakes-Berkshire Pine, Sabal Lakes, and Plantation. After initial appointments, terms will be 4 years Members of advisory committees must be residents and electors of Collier County, and are subject to the Florida Government in the Sunshine Law. Service on more than one board or committee within the jurisdiction of various governmental bodies in Florida may constitute dual office holding under the Florida Constitution and may preclude this appointment or constitute a resignation from another qualifying board or committee. How to apply for an advisory committee on-line: Go to www.colliergov.net Across the top of the screen you will see tabs: Click on "I want to" Click on "apply for" Click on "advisory boards & committees" After you complete the application, at the bottom, Click on "E-mail Sue Filson" You will receive a confirmation that your application was sent. Note: You must put your e-mail address in the application to receive a copy of your application. Residents interested in applying for advisory committee positions can also obtain an application by calling 252-8606 or from www.colliergov.net. Please forward to the attention of Mrs. Sue Filson, Executive Manager, Board of County Commissioners, 3301 Tamiami Trail East, Naples, Florida 34112, FAX to 252-6406, or email to suefilson@colliergov.net. The deadline for acceptance of resumes is SEPTEMBER 17,2009. # # # --- ---- -- -~---- CBAC September 24, 2009 IX-6 New Business 4 of 7 MEMORANDUM DATE: September 18,2009 TO: Gary McAlpin, Coastal Zone M ent Director FROM: Sue Filson, Executive Manage "' Board of County Commissio ers RE: Clam Bay Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Susan O'Brien 6537 Marissa Loop 3 Naples, FL 34108 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 252-8097. Thank you for your attention to this matter. SF Attachments CBAC September 24, 2009 IX-6 New Business 50f7 filson s em: Naplessusan@comcastnet nt: Monday, August 17, 20091:07 PM To: filson s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)252-8606 Application was received on: 8/17120091:07:04 PM. Name: ISusan O'Brie~ Home Phone: ~39-592-532~ Home Address: 16537 Marissa Loop 31 City: jNaple~ Zip Code: ~ Phone Numbers Fax: \239-592-532~ Business: ~ __-Mail Address: lNaplessusan@comcast.nc~ Board I Committee Applied for: !clam Bay Advisory Committe~ Category: 1N0t indicatedj Work Place: ~etiredj How long have you lived in Collier County: [Ig Have you ever been convicted of any offense against the law? ~ lNot Indicate~ Do you or your employer do business with the County? ~ jNot Indicatedj NOTE: All advisory board members must update their profile and notify the Board of County Commissioners in the event that their relationship changes relating to memberships of e organizations that may benefit them in the outcome of advisory board recommendations or they enter into contracts with the County. 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