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Clam Bay Advisory Minutes 01/20/2009 January 20,2009 MINUTES OF THE MEETING OF THE COLLIER COUNTY CLAM BAY ADVISORY COMMITTEE Naples, Florida, January 20, 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 2:30 P.M., at the Office of Coastal Zone Management, 3300 Santa Barbara Blvd., Naples, Florida with the following members present: CHAIRMAN: James A. Carroll John Arceri Ronald A. Glah Noah Standridge Robert Rogers Kathy B. Worley David Roellig Tahlmann Krumm, Jr. ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Pamela Keyes, Environmental Specialist Colleen Greene, Assistant County Attorney Sandy Martello, Administrative Asst. 1 January 20,2009 I. Call to Order Gary McAlpin, Director Coastal Zone Management called the meeting to order at 2:30 PM. II. Pledge of Allegiance and Invocation 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. Roellig moved to approve the agenda. Second by Mr. Glah. Carried unanimously 7-0. V. Public Comments Speakers Martha Dykman, Seagate resident addressed the Committee noting the Seagate Community has been left out of the process to date. They have residents within the community who boat and many of the management facets ofthe existing permit have been ignored by Pelican Bay. She requested the Clam Pass Park Plans remain a separate issue from the issues to be addressed by the Committee. She requested clarification if the Pelican Bay Foundation has approval rights in Clam Bay for installation of signs, dredging or other intrusive activities; and whether the Coast Guard and Army Corp has required the installation of navigation aids Doug Finley, Naples resident addressed the Committee noting he kayaks in Clam Bay at least once a month and is interested in the issue as it is a great recreational asset for the County. Mary Bolin, Pelican Bay Community addressed the Committee noting her main concern was the health and stability of the Mangrove community. Anne Geolger Harris, Pelican Bay Homeowner addressed the Committee noting concern over the state of the Mangroves and highlighted the great work that has been completed in this area over the last 15 years. She is also concerned with the possible negative impacts on this environment in conjunction with navigation in Clam Pass. VI. Approval of Minutes Gary McAlpin noted the minutes provided will be summary minutes. (Not verbatim) VII. Introduction of Clam Bay Advisory Committee and Housekeeping Gary McAlpin provided a packet containing the following documents: · "Clam Bay Advisory Committee Section I "Introduction of Clam Bay Advisory Committee and Housekeeping" and Section II "Background, Section III "Immediate Staff Recommended Priorities for the Clam Bay Advisory Committee dated 1/20/09. 2 January 20,2009 . Clam Bay Advisory Committee Member and related Staff contact list. . "Ordinance No. 2008-48" establishing the Clam Bay Advisory Committee. . "Clam Bay Seagrass Assessment" prepared by PBS & J dated October 2007. . Letter from Jon M. Iglehart, Florida Department of Environmental Protection to Jim Mudd, County Manager - Re: Collier County Pelican Bay dated August 26, 2008 . Email from Gary McAlpin, Director Coastal Zone Management to Pamela Keyes, Environmental Specialist dated June 12,2008 - Subject: FW: Clam Bay · Memorandum from the Lainie Edwards, Florida Department of Environmental Protection to Gary McAlpin dated June 9, 2008 - Subject: Interpretation of Joint Coastal Permit: Clam Bay Restoration and Long Term Management Project (0128463-JC) · Letter from Pamela Keyes, Collier County Environmental Specialist to Joe Embres, US Coast Guard dated April 21 ,2008 - REF: Private Aids to Navigation, Clam Bay Collier County · Letter from Pamela Keyes, Collier County Environmental Specialist to Lainie Edwards Florida Department of Environmental Protection dated April 11, 2008 - RE: FDEP Permit No. 0128463-00l-JC. . Letter to Tara Alford, Management Analystfrom Pamela Keyes, Environmental Specialist dated 5/09/08 - Subject: Clam Bay Waterways Markers, Collier COllnty · Letter from Pamela Keyes, Environmental Specialist to FLDEP dated April 21, 2008 - Subject Exemption Application for Rule #40E-4.50l(7) · Letter from Tim Schwan, Environmental Specialist, FDEP to Pamela Keyes dated May 21,2008 - Re: Collier COllnty- ERP File NO. 11-0288121-001 · Emailfrom Tara Alford to Collier County Clam Bay Pass Stakeholders dated June 3, 2008 - Re: Proposed markers in Clam Pass/Clam Bay . Copy of Proposed "Caution Sea Grass " Areas Sign . Tim Hall, Turrell Hall and Assoc. proposed channel markers map. · Marcia Cravens. proposed channel markers map dated 10/30/08 · "Clam Bay Advisory Committee Draft Proposal dated 1/16/09 identifying Creation, Function, Powers and Duties, etc. of the Clam Bay Advisory Committee. Mr. Krumm moved to nominate James A. Carroll as Chairman of the Clam Bay Advisory Committee. Second by Mr. Arceri. Carried unanimously 7-0. Mr. Krumm moved to nominate John Arceri as Vice Chairman of the Clam Bay Advisory Committee. Second by Mr. Roellig. Carried unanimously 7-0. The members introduced themselves and provided their backgrounds to the attendees. Staff also introduced themselves. Mr. Rogers arrived at 2:50 pm 3 January 20,2009 Gary McAlpin provided a brief overview of the Committee, which was appointed by the Board of County Commissioners to deal with the Management of Clam Bay. It will sunset on December 31, 2009. The Committee meetings will be held at Sudgen Theatre, at the Regional Library (Orange Blossom Drive) on the 3rd Thursday of each month at 2:30 PM Discussion ensued on the concept of adopting the rules of procedure utilized by the Coastal Advisory Committee (CAC), which limits a public speaker to 3 minutes of time. It was noted at the discretion of the Chairman, the time may be increased for a particular speaker, if necessary. Colleen Greene, Assistant County Attorney recommended the rules of the CAC be distributed to the members for review, and a formal vote on adopting them be taken at the next meeting. Colleen Greene, Assistant County Attorney provided an overview of the Sunshine Law via a slide show entitled "Government in the Sunshine" prepared by the Office of the County Attorney highlighting the following: . The Committee is subject to the Sunshine Law. · The meetings must be properly noticed, open to the public and minutes taken. . Minutes are not required to be verbatim. · The meeting must be open to the public; however there is no requirement to allow "public participation". Collier County encourages the public to participate. . The Law applies when two members of a Committee discuss any business that may come before the Committee (outside of the publicly noticed meeting). · One member may meet with County Staff without violating the law. · One member of a Committee may meet with one member of another Committee without violating the Law (a Clam Bay member with a CAC member, etc.) She cautioned on this procedure, as information may not be relayed to a second CAC member. · One-way communications are allowed, however she cautions against it and recommends all information to be distributed to the Committee by a member be submitted to Staff for distribution. · Fact-finding missions are outside the scope of the Sunshine Law, but she urged extreme caution in utilizing this procedure. Please contact the County Attorney's Office before undertaking the endeavor. · A quorum must be physically present to conduct business; a member available by teleconference may not be utilized to obtain a quorum. A member available by teleconference may participate if the quorum present finds an "extraordinary circumstance" for that person to participate. . She will provide a handout on the email rules. (Public to member, member-to- member, member to Staff, etc.) · If a public person contacts a member, it is not required to be distributed to all members or Staff; however the email should be retained. · Violations of the Law are subject to criminal misdemeanor charges. 4 January 20, 2009 Ms. Worley and Mr. Roellig noted they are members of the Estuary Conservation Association. Colleen Greene will research the details of the Association and provide a recommendation on any potential Sunshine Law issues. VIII. Background Gary McAlpin provided an overview of the history of the Management of the Clam Bay. This included an overview of the activities of the original Clam Bay Advisory Group that initiated the Task of renewing the applicable permits. This Group began in the spring of 2008 and was disbanded. He reviewed Section II "Backgrouncf' of the document Clam Bay Advisory Committee dated 1/20/2009 referenced at the beginning of item VII. It was noted Pelican Bay initially funded the efforts when the Mangroves suffered die off (approximately 10-15 years ago). As oflate, the County has contributed the larger share of expenses in the Management. The purpose of the Committee is to expand on the excellent work completed by Pelican Bay, and incorporate the whole Estuary into Best Management Practices. To date the expenditures in Management of the Bay are as follows (approximately): Pelican Bay Services Division $l.3M Westinghouse $l.OM Collier County $l.3M Gary McAlpin referenced the letter from Jon M. Iglehart, FDEP dated August 26, 2008 and noted he will obtain clarification on the permit issues associated with maintaining the Mangroves. IX. Immediate Staff Recommended Priorities for the Clam Bay Advisory Committee Gary McAlpin reviewed Section III ("Immediate Staff Recommended Priorities for the Clam Bay Advisory Committee") of the document Clam Bay Advisory Committee dated 1/20/2009. He referenced the proposed navigation aids maps prepared by Tim Hall of Turrell, Hall and Assoc. and Marcia Cravens. Staff has no preference in the number of navigational aids installed in the Bay, but recommends the minimum number necessary to address environmental and safety concerns. Discussion ensued on how to approach the priorities outlined in the document. Gary McAlpin stated for the next meeting he would provide a draft of funding details. He noted the main issue to address initially should be the navigation markers. Discussion ensued on the various Agencies (Coast Guard, Army Corps of Engineers, etc.) opinions for the requirement of navigation markers, and whether the permit requires navigation markers be installed. Ms. Worley provided the following background information for consideration: · Copies of Page 8 and 9 ofFDEP permit #0128463-00l-JC 5 January 20,2009 . Collier County Ordinance 97-10 and attached maps . Historic Aerial photos of the area Mr. Arceri referenced the Ordinance the Committee is subject to and noted the BCC required approval of a proposed work plan before proceeding. Gary McAlpin noted the Ordinance states this, however some of the items could be conducted concurrently (marking the channel, etc.). The 2nd "Immediate Priority" is developing the duties, responsibilities and Charter of the Committee which addresses this consideration included in the Ordinance. Discussion ensued on the feasibility of appointing one member to meet with Staff to provide a recommendation to the full Committee on the issue of the navigational aids. It was determined that more than one member should undertake the activity. Gary McAlpin noted the navigation markers need to be installed in order for the County to come into compliance with the existing permit. Mr. Roellig noted marking the "Pass" might be difficult as it is dynamic in nature and self- flushing causing the channel to shift. Ms. Worley noted some of the information she provided documents that phenomena. Mr. Arceri moved to appoint Mr. Rogers and Mr. Tahlmann to a Subcommittee for the purpose of reviewing with Staff a plan for navigational aids for Clam Bay Estuary and report back with a recommendation to the full Committee within the next 2 meetings. Second by Mr. Standridge. Speakers Marcia Cravens, Friends of Clam Bay provided a handout- Re: "From Clam Bay (Long Term) Restoration and Management Plan Section 3.0, Management Options" and other attached documents. She is challenging the assertion by Cynthia Ovdenk of the US Army Corps of Engineers that channel markers are required. They (County and Pelican Bay Services) are in compliance with the permit and have never received a non-compliance letter. Ted Raia, Pelican Bay Services Division noted National Oceanographic and Atmospheric Administration maps denote the Pass as "non-navigable" with no indication of navigation markers. Navigation aids are shown on the maps for other Passes in the area. A book by the National Oceanographic Atmospheric Administration describes the Pass as a changing shoal, passable in high tide and to be avoided in bad weather. It is extremely shallow between # 4 and 5 with no existing channel. He recommended placing a bridge at Seagate as the water in Seagate is 6 feet deep, but only 1 foot in most places in the Bay. Martha Dykman, Seagate Resident submitted an original real estate brochure for "Seagate" which advertised boating was available. She stated the community will not surrender the boating rights, which they have fought for before and prevailed. The waterway is a State waterway, and the issue should not be decided by Pelican Bay homeowners. They will continue to defend their boating rights in relation to the Bay. 6 January 20,2009 Anne Geolger Harris, Pelican Bay Resident noted the Seagate brochure was a sales brochure and may not accurately represent the rights to the homeowner. The community (Pelican Bay) will offer any assistance to all involved to resolve the situation. Ms. Worley noted she has received conflicting information regarding whether the marking of the channel is required. She recommended the issue be resolved as well. Mr. Arceri amended the motion to appoint Mr. Rogers and Mr. Krumm to a Subcommittee for the purpose of reviewing with (the information) Staff and determine if navigational aids are required by permitting requirements, etc., and ifnot required, should they be installed. If they are to be installed, develop the plan for navigational aids. Said Subcommittee to report back with a recommendation to the full Committee within 2 months. Second by Mr. Standridge. Motion carried 6 'yes" - 2 "no." Mr. Roellig and Ms. Worley voted "no." Mr. Arceri moved to appoint Mr. Arceri and Ms. Worley to a Subcommittee to work with Staffin developing a draft document of the duties, responsibilities and Charter of the Clam Bay Advisory Committee and possible work frame. Second by Ms. Worley. Motion carried unanimously 8-0. X. Public Comments Marcia Cravens, Friends of Clam Bay recommended investigating the possibility of the Seagate community accessing the Gulf southward through deeper water in channels already utilized for navigation. An option is a "lock" at Seagate to facilitate boat access to the Gulf. In addition, she objected to any references from work by the previous Committee (Clam Bay Work Group minutes or other documents) that was dealing with the issues because the group was disbanded. The Committee requested Staff discuss with the Subcommittee the Venetian Bay access option. Jim Burke, Pelican Bay Resident stated he was not on the Navigational Marker Committee as indicated in the information provided by Staff. Linda Roth, Pelican Bay Resident stated the channel shifts constantly and is dangerous and not suitable for channel marking. Seagate homeowners have not had 40 years of boating access as the channel has been closed numerous times over the course of history. XI. Announcements None XII. Next Meeting Date/Location Tentative - February 19, 2009 - Sudgen Theater at the Regional Library, 2385 Orange Blossom Drive, Naples 7 January 20,2009 There being no further business for the good of the County, the meeting was adjourned by order ofthe Chair at 5:00 PM. COLLIER COUNTY CLAM BAY ADVISORY COMMITTEE James A. Carroll, Chairman These Minutes approved by the Board/Committee on as presented or as amended 8