Loading...
CBAC Backup Documents 09/24/2009 R MEETING AGENDA CLAM BAY ADVISORY COMMITTEE THURSDAY, 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. 1 0 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 of CBAC Report to CAC/BCC 4. Review and Approval of the CBAC Proposed Budget to CAC/BCC 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 CAC September 24. 2009 VIII-1 Staff Reports 1 of 11 DEPARTMENT OF THE ARMY JACKSONVilLE DISTRICT CORPS OF ENGINEERS P. O. BOX 4970 JACKSONVilLE, FLORIDA 32232-0019 REPLY TO ATTENTION OF September 10, 2009 RECEIVED SEP 1 5 2009 COASTAL ZONE MANAGEMENT Regulatory Division Special Projects and Enforcement Branch 199602789 (IP-CC) Mr. J. Gary McAlpin, Director Collier County Public Services Division Coastal Zone Management W. Harmon Turner Building, Suite 103 East Tamiami Trail Naples, Florida 34112 Dear Mr. McAlpin: I refer to your inquiry received by this office on September 8, 2009. You requested clarification of Special Condition 2 of Department of the Army permit number 199602789 issued August 11, 1998. The permit authorized replacement of Seagate Drive culverts, dredging of the Clam Pass main channel for Cuts I, 2, 3, and 4, and excavation and maintenance of interior tidal creeks. The project is located within Clam Bay and the Gulf of Mexico, in Sections 4, 5, 8, 9, 32, 33, Township 49 south, Range 25 east, Collier County, Florida. As indicated in our letter dated March 2, 2009, Special Condition 2 of the permit required compliance with the components and timeframes specified within the Clam Bay Restoration Management Plan. The plan required the installation of navigational markers on the main channel to ensure water craft do not operate outside the channel. In addition, the markers must meet U.S. Coast Guard standards for signs. I hope this information clarifies any confusion associated with the conditions of this Department of the Army permit. Sincerely, 4-JIL Dav~d S. Hobbie Chief, Regulatory Division CAC September 24. 2009 VIII-1 Staff Reports 2 of 11 U.S. Department o~. Homeland. Security . United States Coast Guard Commander Seventh Coast Guard District 909 SE First Avenue. Suite 406 Miami, FL 33131 Staff Symbol: dpw Phone: (305) 415-6746 Fax: (305) 415-6757 16518 Serial: 08-084 02 September 2009 Pamela Keys Collier County Division of Public Services 3300 Santa Barbara Blvd Naples, FL 34116-6601 Dear Mrs. Keys, I am pleased to enclose the approved Private Aids to Navigation Application (CG-2554) authorizing the establishment of the Clam Pass Daybeacon 1 and the Clam Bay Buoys 2, 4,6, 7, 8, 9, 10, 12, 13 & Dbn 14, These Class II private aids may be charted and entered in Light List, Volume III - Atlantic and Gulf Coasts. I. This office has no objection to the installation of the information regulatory markers placed on Clam Pass Daybeacon I, Clam Bay Bridge and Clam Bay Daybeacoll 14. The regulatory markers placed on the Daybeacon must be parallel to the channel when installed. 2. You must not deviate from conditions of this application without prior approval. After installation, the aids will be inspected to verify compliance with the permit. You must submit accurate positioning information upon completion onhe installation of the aid. 3. Discontinuance or change in ownership of the aids must also be approved by this office. 4. Authorization to establish private aids to navigation does not authorize any invasion of private rights, nor grant any exclusive privileges, nor does it obviate the necessity of complying with any other Federal, state or local laws or regulations. 5. Contact the U. S. Coast Guard Sector St Petersburg Navigation Officer one week prior to the planned installation of the aids at (727) 502-1522. When you have completed installation of the aid, advise this office as soon as possible so that we may issue Notice to Mariners information to update the Light List and appropriate charts. 6. Private aids to navigation must be maintained in proper operating condition at all times. A discrepancy exists whenever an aid is not displaying the characteristics as per the approved application. Any discrepancy in the operation of an aid, at any time, shall be promptly reported to this oftice so Notice to Mariners information may be issued. Discrepancies are to be corrected at once; contact the Private Aids to Navigation Officer at (305) 415-6746 when you have done so and follow-up with a letter confirming repair of the aid. 7. The applicant agrees to save the Coast Guard harmless with respect to any claim or claims that may result from the alleged negligence in maintenance or operation of an aid. CAC September 24, 2009 VIII-1 Staff Reports 3 of 11 8. This authorization is valid for one year from the date ofthis letter. If the aid is not installed within this period, the authorization is automatically void and you must resubmit your application. 8. When an aid to navigation is established or changed, related information is widely advertised, included in the Light List and published to update charts. Thereafter, mariners have the right to expect the aid to display advertised signals. Discrepancies left uncorrected may result in marine casualties and resultant litigation. Please ensure an adequate amount of funding will be available for emergency and routine maintenance. The importance of ongoing maintenance cannot be overstressed. Sincerely, Copy: Fish & Wildlife Conservation Commission, Ms. Tara Alford, FL. ca Sector St Petersburg CO ANT St Pete USACOE Regulatory Office 2 en o o N -.r- (/) Nt:: ~ 0 Qlo. .cQl Eo:: 2:s:: c.", Ql- (/)(/)~ O"7-r- <(='0 O>-.r ... o o ~N 0:: ~'-' gg. ~CIl g ~~ $ ~ ; c a;~ LL ~ Co. ... :f o rtl ~ ill: u rn ~ IX CO'". UJ lO e. ~ ~ ~ 53 ~ :3 ~ .... i ;z;~DO< 00 ~ ci ~<"i' w c.i uM W ~ ~~ ~ ~ 0.. "l!i 0 Io(l~ 0 ~~ ~ c.i j:: 15 ~ ~-8.~ ~ g >8 g !i ~ ~l ~ ~ >- g ~ fil is ~ U)"Sl ti 0 ~ o Ie ~ - l'J :::Ii ai 0( c:: 0 w.Q EI I- g 1!i Z 0(.:::. 5l <l ~ j'~ ~ ~ Q. z S ~ S z ~ '" w ~ ;: :R !j ~ ... ~ 2 ~ ~ ~ ~ ~ ~ ~ ~ i .( z l!! o ~ ~ ~ s: 0:: i:i LL~ ~ ~.. I!! Qa:oi 0 fil~ :s l:::Ia:;z; c t;i= lti mld~e i!l ~~ ~ j!1Ill!J': l!i 05 III a:o.... ~ iIl~ mZi~~1 ~ ~g j o 8 a: ~~ ~ uiotrio ~ << < :I:Z:::IO %..: ,.; ~ I ~ ti g ~ u.. 0 ~ II) g, ~ !:l 'M 'ti III ::l !II <Il )0 .rl (II )0 CJl gco al~ ~~ WO\ 0::0\ g ~ I ~ g ~ ~ 1 i g W : ~ ~ o II: ~ ;: W ~ ~ 9 i me Z ~ ~ UJ a::l ~ e r; rI) 2 :l ~ III i 8 ... IE . Gel 00( ~3 lI: 00( ~ ,.: ::;>- g~ .;;j e ~~ ~u ~ Cl ~ . D~ iii u " I rl o o I ...., \D ~ IX) N ~ ~8 ~ .( ~ >-l ~ lI.n UI .Ii e ~ ! & z c g; I < Q U ~ 1-1 i'" .... III ~p., ii) ffl ~ rrl ... z ~I ::Ii E &!~ !i: Cl ~o z Cj5 ~o::<=- -ellS. ~~ -~ ~ ~ .~ffi~ 'iljl;:E. <3: %Uj~a (SiSot:. ... i:...l!!c ll..o:!!:t:. ~ sO:: t5 ~ ~ l( a: 9 g 8 ~ i!ix-u- ::; ::S~t:. ....... a:~ ~E!. 000::0:" z ~t:. c <( ... o w ~ ...0:: ~i~ ...::l z (l) Ql CIl '0 (l) C!I .c: lI) 0 lIS III (l) ~ .-l ~ P. os: ~~ g... ...0 :it ~~ \ 0 Ii I ~! ~ rtllil !i\. ,~.~(J) ;~ ~ ~ t ~ I Z ~~~ g j \\ -- ~ ~f' ~ J ~ e~~ ~ ~ ~ ~i!g: ~ ~..... ~u.. o~~ I R-'l "'0: ~ ~ w<w ~~- ~i~ ~ FS ~ ~~~ ~ ~ t - ~ ~i~ us ~ ~ :I ~~~ (~ ~ ~~~ ~/ ~~ffi ~ to ~~.~ w ~ ~ i=i3::E ~ ~ ~ ell t!! @ ~ ~ t; i o ~ ::;) Cl tn Ii( 8 .~ w in en '" <<If) 0% z~ rl 01:1 .rl :(lw III ~~ ~ t5~ 'M !Z!< ~ ~ ~s -a;: ~~ ~...., ~o.. ~ Sl w15 ~ _ ~o rzllll z QI ....rl .!- ~ g. ,..,:z: ci ~~ ::E lrl ::z 0:: _ I ~ ~ w ~ ~ 0:: l5 2!: z o ~ W ... ... o ~ 8 g: -< >- g ~ :t~ rcl w:s ..... ~ m :j ~ ~ ~ ~ I ~ ~~L ~ ...., s 0 o~ ~ ~ ~! ~ i ~. ~ l!! i ~ ~ ~ i ~ f .,; CAC September 24, 2009 VIII-1 Staff Reports 5 of 11 COLLIER COUNTY COLLIER COUNTY DIVISION OF PUBLIC SERVICES COASTAL ZONE MANAGEMENT 3300 Santa Barbara Blvd. ,.. Naples, Florida 34116-6601 (239)-252-2966 " FAX (239) 353-4061 ,.. http://www.colIiergov.net August 24, 2009 Mr. Joe Embres United States Coast Guard 909 South East First Avenue Miami, FL 33131 REF: Private Aids to Navigation, Clam Bay, Collier County Dear Mr. Embres: Collier County is applying to pelmit a waterways channel consisting of red and green buoys, dayboard poll markers and infonnation signs from the Gulf, through Clam Pass into Clam Bay. These marker locations were passed by the Permit Subcommittee on March 6, 2009 and passed by the Clam Bay Advisory Committee on March 19,2009. This channel marking is a requirement of FDEP Permit No. 0128463-00] -Jc. Please find enclosed, an aerial photograph showing the location of each dayboard and buoy marker with GIS locations, Idle Speed signs, infol1national markers and a Coast Guard Private Aids to Navigation Application and FDEP File No 11-0295193-001. If you have any questions, please call Pamela Keyes at 239-252-2980. Thank you for your assistance with this request. Sincerely, {f5 mnefa 1(eye.1 Pamela Keyes Environmental Specialist cc: Tara Alford, FFWCC CAC September 24, 2009 VIII-1 Staff Reports 6 of 11 POLE MARKER #1 INFORMATIONAL MESSAGE: LOCAL KNOWlEDGEREOUIREO CAUTION SV\IIMMERS SHALLOW SHOALS POLE MARKER: CAUTION SWIMMERS CLAl\1 PASS l\IARKERS L~ltitU(lf Lougj.tmlf 26.2204 81.8184 26.2205 81.8164 26.2209 81.8155 26.2200 81.8151 26.2181 81.8144 26.2170 81.8138 26.2165 81.8140 26.2154 81.8145 26.2151 81.8138 26.2132 81.8131 26.2110 81.8128 26.2195 81.8175 26.2166 81.8140 26.2165 8.1.8139 o II ... l\Inl'kfl'ID 1 2 4 6 8 9 10 12 13 14 L<JN\'V ISN\V IS.N\.V 'i1 22G ~ _I ,- CLAMPASS MARKERS Latitude Lon itude l\1arker ID 26.2205 81.8182 1 26.2205 81.8164 2 26.2209 81.8155 4 26.2200 81.8151 6 26.2181 81.8144 7 26.2170 81.8138 8 26.2165 81.8140 9 26.2154 81.8145 10 26.2151 81.8138 12 26~132 81~131 13 26.2110 81.8128 14 INFORMATIONAL SIGNS 26.2202 81.8175 mS(N) 26.2195 81.8176 mS(S) 26.2166 81.8139 ISNW(B) 26.2165 81.8141 ISNW(B) 26.2110 81.8121 LAND *(ffiS)Informational Beach Sign *(ISNW)Idle Speed No Wake *(IN)North, (S)South, (B)Bridge ., PBSI~ TYPICA~III-1 Staff eports : NAVIGATION B'BOY . j \ CLAM PASS -- MARKER LOCATIONS ,__~_~..~,.w,~."..>.,..".,,_~__,_..__w__...,,~.,.~._.._,~_.._"...~.,.,.,~,_.,.."~_""__...",,,_,,,.,,',_"'.'4"',._....~..,~_,_",;&",,,",,,,,~'''''''__'''''_'_ ~',_. -, 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, assistand make joint recommendations to the Board of County Commissioners (ilBCCiI) and the Coastal Advisory Committee (ilCAC") 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 "~_"_._'"'_ ,_"~"w,_>,,,,~_~_,,_,_~____-_'__._"_~'"~'_~_'~""~"'_"__._..__.."_~.."",_...._._,__"".,.,",..,,....~.,~"..,......".,,"_.=_,."'..~_'".___""'____"'_"',______._....,,_...~..."._".N..,'....,-,,,"......--.~---,- CBAC September 24, 2009 IX-3 New Business 2of7 · 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 thes.e 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 7 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 "'~__"'.~"_^""''''''''__-"'_~''''''''.'_W__.''_''_'''''_''''''''~'_''''_'_"'_""'."....,__"'._._"',...........__.,,,."__~"~.__o,~,~ CBAC September 24, 2009 IX-3 New Business 4of7 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. Mane:rove 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 Drede:ine: andSand BVDassine: 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 ofthe modeling program. FDEP is leaning towards completion of the modeling program as part of the 10-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 areas 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 ofthe 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 Naplesweb 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 7of7 BudRet and FundinR 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 Clam Bav Advisory Committee CBAC September 24,2009 IX-4 New Business 1 of 2 ODerational BudlZet and Caoital Reauirements - AURust 2009 throulZh Julv 2010 FundinlZ Reauirements - AURust 2009 throulZh Julv 2010 Manllrove 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 PBSO for FY2010, This includes all 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. Exoense Items Court Recording and Documentation Costs (12 months at $300/mo.) Water Quality Monitoring in Clam Bay System Chemicals and YSI probes lab Fees (9 locations for 12 months) Consulting and AnalysiS Support Public Outreach and Communciations Expense Items Total Fund 195 - System Modellnll Optimization of tidal flushing, water quality and mixing Optimize of pass/cross sections including sediment bypassing and transport modeling Existing model review and analysis 195 Fund Capital Total Other Caoltal Peer Review Sediment toxicology Installation of Beach and Inlet Safety signs and Permitting Permitting and Installation of Navigational Markers in Clam Bay Other Capital Total Total FY10 Funding Requirements Previouslv Funded Activities Mangrove Maintenance FY 2010 by PBSD Water Quality and Model Data Review/Anaylsis - County Water Quality and Model Data Review/Anaylsis - City of Naples 10-year Permit Application Total FY10 Funding Req and Previously Funded Activities $ $ $3,600 $1,000 $20,000 $5,000 $16,000 $86,017 $38,500 $8,000 $50,000 $15,000 $5,000 $15,000 $170,000 $120,000 $23,644 $115,700 $0 $45,600 $132,517 $85,000 $263,117 $429,344 $692,461 CBAC Se IX-4 N pte":lber 24, 2009 2 of 2 ew Business CBAC September 24, 2009 IX-5 New Business 1of6 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-S 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. Ouorum 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. Voting 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 shall 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-S 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 (j) 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): 1. 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 Subject of Appearance: To the extent possible, the following shall be the order of the proceeding: I. 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 bv 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 Testimony or Presentation of Evidence: Notwithstanding any provisions herein, any board member may interrupt any presentation ,----,-,--,.",.;_._---~..,-.._-,._.._-,..'"'.,..."._-"'._-""-.""'....,.,.-------..~.".~"--~---~"~~-_._-,._._-- CBAC September 24, 2009 IX-S New Business S of6 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 shall 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 particilJation: 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 6 of 6 register to speak in writing on the form provided by the County prior to the public comment portion of the 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 2of7 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 of the 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 ofregional 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. .___,.,._"..,._ ~ ",~,_",_____,""_"~~__,__"_w_,,,,,,,,,,,,_,__._~~_,'''''_',_~..,.."''''......_"'''_,,______,._''____.,_.._'--.,'';...,_~"__..._'''''''''''''__.'~.._~'---~._~".._.".,....-~..~,--,-.._.~-'^"~,.,--,,~-'~-,..-~"-._,-,--- CBAC September 24, 2009 IX-6 New Business 3 of 7 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 ofCR95l 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 of the 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.colIiergov.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. # # # ,"'....__~"_._"~__~_'_...~_M__.__~__..______'_'__-..~."__''''__""._,..",._._","__",.,.""".,,,,..,,._~,.,_,,,,,,.....,.....,,~,"*,,._~"~.,.,_.._ - .,. ,'.,-,."<- .~.."--,-""",,-,'-"'. ,..~"..'.'~~A'_ CBAC September 24, 2009 IX-6 New Business 4of7 MEMORANDUM TO: September 18, 2009 Gary McAlpin, Coastal Zone;jent Director Sue Filson, Executive Manage "' Board of County Commissio ers ..J Clam Bay Advisory Committee DATE: FROM: RE: 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 5of7 filson s .rom: ent: To: Subject: Naplessusan@comcaslnet Monday, August 17, 20091:07 PM filson s 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: 8/1712009 1 :07:04 PM. Name: Isusan O'Brien! Home Phone: ~39-592-532~ Home Address: ~537 Marissa Loop 31 City: lNaple~ Zip Code: ~ Phone Numbers Fax: ~39-592-532~ Business: ~ 'Mail Address: lNaplessusan(w'comcast.ne~ Board I Committee Applied for: !clam Bay Advisory Committe~ Category: /Not indicated! Work Place: ~etired! How long have you lived in Collier County: ~ Have you ever been convicted of any offense against the law? ~ /Not Indicate~ Do you or your employer do business with the County? ~ /Not Indicated! 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 organizations that may benefit them in the outcome of advisory board recommendations or they enter into contracts with the County. e Would you and/or any organizations with whom you are affiliated benefit from decisions or 1 recommendations made by this advisory board? ~ CBAC September 24, 2009 IX-6 New Business 6of7 ~ot Indicatedj Are you a registered voter in Collier County? ~ Do you currently hold public office? ~ Do you currently or ever served on a Collier County Board or Committee? ~ !Not Indicate~ e 2 0> o o '" ~- "'t/l ~ t/l Q) Q) .cc E"o:; Q) ::l i5.1I1 Q) 3 UlQ) UZ..... <(~..... lIlXO u_..... Q) Q) t:: ~ 's o s ~8 00>.. r-< 5' ~ .;!a u-6 ::3< ~~ ~co ~ - u Q riIil ... ~ ... ..;l -< ~ Oi <Il ~ >- 00 riIil ... ~ ... > ... ~ u < ~ ... z ~ ~ ~ o u = = ~ ~ ~~~ .!fI}4: ="'0= >~..... >.>'~ = ~ E = c.. Q E ~ U ~ ~ = ~ ~ ~ .c E e ~ E U o~ = C ~ ~ r.J = ~;'Cr; ~ .:! <Il ~ or;; ~ ~ .!: ~ <Il N = =,=<.g-e >- u Z riIil Q ... 00 ~ <Il ... = ~ >. == - = ..... In z o ... ~ -< =- ~ u u o .~ s ::c ..... = - = ... = ... -=1;; ~ -e:9 .!: 00 E "t 'C =:: < 00 00 ~ Q Q < = <Il <Il 'C l"l = c.. ~ = = ~..;l In \.Q ~ u ~ ~ 00 ... Q N ~ = riIil .st ~riIil= -< ~ ~ 8<0 ~z~ < = u 00