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Clam Bay Advisory Minutes 02/19/2009 February 19,2009 MINUTES OF THE MEETING OF THE COLLIER COUNTY CLAM BAY ADVISORY COMMITTEE Naples, Florida, February 19,2009 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 Sudgen Theatre, Regional Library Headquarters at 2385 Orange Blossom Drive, Naples, Florida with the following members present: Chairman: Vice Chairman: James A. Carroll John Arceri Ronald A. Glah Noah Standridge Robert Rogers Kathy B. Worley David Roellig (excused) Tahlmann Krumm, Jr. ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Pamela Keyes, Environmental Specialist Sandy Martello, Administrative Assistant 1 Collier County: News Releases Page 1 of1 NOTICE OF PUBLIC MEETING CLAM BAY ADVISORY COMMITTEE COLLIER COUNTY, FLORIDA THURSDAY, FEBRUARY 19, 2009 2:30 p.m. till 5:00 p.m. The Clam Bay Advisory Committee will meet Thursday, February 19 at 2:30 p.m. at the Headquarters Library Sugden Theater, located 2385 Orange Blossom Drive, Naples. Two or more members of the coastal advisory committee may be present and may participate at the meeting. The subject matter of this meeting may be a future item fOf discussion and action at a Coastal Advisory Committee meeting. Two or more members of the Pelican Bay Services Division Board may be present and may participate at the meeting. The subject matter of this meeting may be a future item for discussion and action at a Pelican Bay Services Division Board meeting. This meeting is open to the public. 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 E. Tamiami Trail, Naples, FL 34112, (239) 252-8380 at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. For more information, call Gail Hambright in the Coastal Zone Management office at 252-2966. http://www.colliergov.netlindex.aspx?recordid=8195&page= 1098 2/16/2009 February 19, 2009 I. Call to Order Chairman Carroll called the meeting to order at 2:30PM 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 Gary McAlpin, Director of Coastal Zone Management noted the following was added to the agenda: Item VI!. 3 - Navigational Marker Subcommittee minutes Item IX3. - A copy of the Draft permit is submittedfor informational purposes. Item VI!.2 - Member David Roellig's comments submitted in relation to the item Mr. Arceri moved to approve the agenda as amended. Second by Mr. Rogers. Carried unanimously 7-0. V. Chairman's Comments Chairman Carroll noted following: · Requested all parties provide their name, title and date on any subject matter submitted to the Committee for consideration. In addition ensure ample copies are available for distribution (i.e. 9 for Committee members, 2 for Staff, 1 for the recorder, etc.) · For reference purposes, parties identify acronyms used in documents as necessary. · In addressing issues, personal attacks should be eliminated. · Although the County Attorney discourages one-way emai1 communications between members, he encourages it for logistic purposes but cautioned members not to reply to each other. · Workshops may be required to fulfill the duties of the Committee. · If a member wishes to visit the area via boat, please contact Staff. VI. Approval of Minutes 1. January 20, 2009 - Clam Bay Advisory Committee minutes Mr. Glah moved to approve the minutes of the January 20, 2009 meeting. Second by Mr. Standridge. Carried unanimously 7-0. 2. February 2, 2009 - Mission Subcommittee minutes Mr. Arceri moved to approve the February 2, 2009 Mission Subcommittee minutes. Second by Ms. Worley. Motion carried 2-0. (It was noted Mr. Arceri and Ms. Worley are the members o/the Subcommittee). It was determined Mr. Arceri will sign the minutes. 2 February 19, 2009 3. February 6, 2009 - Navigational Marker Subcommittee To be approved by Subcommittee. VII. Staff Reports 1. Sunshine Law - Colleen Greene Colleen Greene, Assistant County Attorney addressed the Committee on the issue of Ethics, by providing a document "Ethics Overview for the Clam Bay Advisorv Committee." She reviewed Ethics issues (Conflicts of interest, Soliciting and Accepting Gifts, Misuse of public position, etc.) and noted the Clam Bay Advisory Committee is subject to: Chapter 112, Florida Statutes, Part III Collier County Ordinance NO. 2003-53 She also provided a document "Advisory Board Guidelines for Public Records and Emails" for review. She noted if an Advisory Board member is charged with a Sunshine Law violation, there is an avenue for the defense to be funded by the County at the discretion of the Board of County Commissioners who would review the requests on a case-by-case basis. Mr. Rogers noted he has been appointed to the Committee as the representative from Seagate Community. He expressed concern that a voting conflict may exist when advocating the position of the neighborhood. Colleen Greene, Assistant County Attorney stated he is exempt from a violation on this issue because: 1. The Ordinance creating the Clam Bay Advisory Committee defined the structure of the membership, which included the targeted representatives. 2. Legal precedent has determined if an individual represents a section of population, and is not solely a personal representative on a position, he is exempt from the Sunshine Law for voting/participation purposes (i.e., Council members who set property tax rates, which affects their property values as well as other landowners. qualify for an exemption) She recommended members contact the County Attorney's Office if they have questions or concerns throughout the process. VIII. New Business 1. Mission, Powers, Functions, Duties and Responsibilities of CBAC, and Assignment of Subcommittee Members. Gary McAlpin presented the document "Collier Countv Clam Bav Advisorv Committee. Mission. Powers, Functions, Duties & Work Plan" for consideration. The document was approved by the Mission Subcommittee. 3 February 19,2009 David Roellig, Clam Bay Advisory Board Committee Member, who was not present, provided a letter outlining his position on the document. Gary McAlpin read the letter, which indicated the following concerns: l. NRPA (Natural Resource Protection Area) does not include the adjacent developments of Seagate and Pelican Bay. 2. Objects to the Subcommittees format as it limits public participation. 3. County should provide the necessary Staff and resources to accomplish the mission including professional assistance. 4. The subject draft does not address restoration and maintenance of mangroves. 5. The mission does not promote the filing of the permits to ensure the necessary Agencies authorize the continuance of the current activities. The following was noted in discussions: . Subcommittee #3 "Mangrove Maintenance and Hand Dug Channel Maintenance Subcommittee" addresses Mr. Roellig's concern of mangrove maintenance and restoration. · Utilizing Subcommittees to provide base documents for full Committee review promotes efficient utilization of time in completing the task assigned by the Board of County Commissioners. . Subcommittees are open to the public and thus far have been attended by the public. . Outside paid consultants may be required to assist some of the Subcommittees. . Available information should be researched for its applicability to any identified duties. The following was determined for the Collier County Clam Bav Advisorv Committee. Mission. Powers, Functions, Duties & Work Plan document: . To consolidate the Subcommittees with the following individuals assigned: 1. (#1) Permit Subcommittee (Existing Navigational Marker Subcommittee) Existing Subcommittee members Tah1mann Krumm, Jr., Robert Rogers with the addition of Noah Standridge. 2. (#2) Water Qualitv and Sampling Subcommittee; (#4) Tidal Flushing and Mixing Subcommittee: (#6) Nutrient Loading and Runoff Control Subcommittee - David Roellig, Kathy Worley, Ronald G1ah. 3. (#3) Mangrove Maintenance and Hand Dug Channel Maintenance Subcommittee; (#7) Estuarv Wildlife and Habitat Subcommittee - John Arceri, Kathy Worley; James Carroll. 4. (#5) Maintenance Dredging and Sand Bypassing of Clam Pass Subcommittee - David Roellig, Robert Rogers, Representative yet to be appointed from District 5, Kathy Worley, Tah1mann Krumm, Jr. 4 February 19, 2009 5. (#8) Public Education and Outreach Subcommittee; (#9) Funding Subcommittee - These Subcommittees to be eliminated with the proposed function of the Subcommittees being delegated to Staff for submission back to the Main Committee for review. · Paragraph 1 - Recommended Boundaries - removed wording "and the adjacent developments of Seagate and Pelican Bay, east to US41" in lines 9-10. · Paragraph 2 - Committee Mission line 1-2 to read "The Committee's mission is to advise, assist and make joint recommendations to the Coastal Advisory Committee (hereafter "CAC")... · Paragraph 3 - Committee Powers and Function - line 1 to read "The Committee powers andfunctions area as an advisory... .. · Removal of the "Expected or planned Completion dates" for all the Subcommittees. Mr. Arceri moved to approve the above changes to the Collier Countv Clam Bav Advisory Committee. Mission, Powers, Functions, Duties & Work Plan. Second by Mr. Krumm. Gary McAlpin noted the document will be revised with the changes proposed and the assigned members of the Subcommittees will be provided on a list. Speakers Linda Roth, Pelican Bay Resident noted the 2 Technical representatives assigned to the Main Committee should be assigned to Subcommittees #2-7. Further, wants to ensure all activities conducted by the Committee are subject to peer reVIew. It was noted at least one Technical Representative is on each of the Subcommittees and the Main Committee will review the Subcommittee work. Marcia Cravens, Mangrove Action Group, noted there is a more accurate definition of the NRPA on page 289 of the Coastal Zone Management Plan, Clam Pass lnlet and agrees the Technical experts should be on all Subcommittees. She expressed concern the Subcommittees are not grouped properly. She recommended all members obtain a copy of the Clam Bay Restoration and Management Plan for utilization as the base document for the Committee's task. It is a comprehensive document that includes many of the parameters to be addressed by the Committee. Ted Raia, Pelican Bay Resident recommended the Committee utilize standardized water quality testing procedures to ensure consistent gathering of information. Bill Hamilton requested a link for the Agenda and any other documents necessary be placed on the Internet on the same page as the Hearing Notice. 5 February 19, 2009 Motion Carried unanimously 7-0. 2. Update progress on Navigational Marker Subcommittee Gary McAlpin provided the Executive Summary "Navigational Marker Update" and noted the Navigational Marker Subcommittee is awaiting a letter from the US Army Corps of Engineers on the status of permit violations before proceeding. Mr. Krumm noted he has spoken to the various Agencies (US Army Corps of Engineers, US Coast Guard, etc.), which indicated flexibility in the requirements for navigation signage. Discussion ensued on the requirements for marking Clam Bay for navigation purposes. Speakers Sarah Wu, Seagate Resident noted there was an incident in the Pass where a Seagate resident was accosted by an individual on the shoreline while boating in the Bay. She requested the County install the markers as mandated and educate the public on boating in the Bay. Marcia Cravens, Mangrove Action Group, noted the US Army Corp of Engineers has no jurisdiction (for navigation markers) in Clam Bay. The jurisdiction is under the US Coast Guard and there is an emai] that states no navigation aids are required by the Coast Guard. Richard Dykman, Seagate Resident noted he has boated in the Bay since 1984. He noted all permits from the various agencies indicate the area is navigable waters and the Clam Bay Management Plan requires markers be installed and questions why the markers have yet to be installed. Chairman Carroll stated the issue is to be addressed by the Subcommittee. 3. PBS&J Clam Pass Draft Permit Gary McAlpin submitted copies of the draft permit to the Committee members for informational purposes. The proposed pennit application is for maintenance dredging. 4. Coral Ridge Collier Properties Quit Claim, Declaration of Restrictions and Department of Army Permits Gary McAlpin submitted copies of above related information. He noted the Department of Army Permit (which was in effect from 1981-1984 and found on page 01826 of the Collier County Clerk Official Records) Item c. states "There is to be no dredging allowed by permit or otherwise in Outer, Inner, and Upper Clam Bay, its connecting waterways and/or adjacent wetlands, or Clam Pass (except to maintain the opening to waters of Gulf of Mexico. ") 6 February 19, 2009 This permit has expired, however it is still referenced in the deed documents. In addition, in Schedule A of the restrictive covenants, (page 01847 ofthe Collier County Clerk Official Records), - Item 6. Legislation states "Owner shall not apply for dredge or fill permits in Park Site or Consen'ation Area from any governmental bodies. regardless of any future amendments to the statutes or regulations of the United States or the State of Florida or as a result of decisions of the courts of the United States or State of Florida, without the prior written consent of Declarant, which consent may be withheld in the sole and absolute discretion of Declarant. " He brought this to the attention of the Committee as the issue of whether or not the County is permitted to dredge the Bay/Pass for navigation purposes has been brought up during the Clam Bay Advisory Committee and Subcommittee meeting discussions. The documents indicate the County can only dredge for "maintenance flushing" of Clam Bay/Pass. IX. Old Business None X. Announcements Mr. Rogers moved to remove himself and Mr. Krumm from Subcommittee #5 (Maintenance Dredf!inf! and Sand Bvoassinf! of Clam Pass Subcommittee). Second by Mr. Arceri. Motion carried unanimously 7-0. XI. Committee Member Discussion None XII. Next Meeting Date March 19,2009 - Sudgen Theater at the Regional Library, 2385 Orange Blossom Drive, Naples at 2:30 PM There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:45 PM. COLLIER COUNTY CLAM BAY ADVISORY COMMITTEE James A. Carroll, Chairman These Minutes approved by the Board/Committee on as presented or as amended 7