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Clam Bay Advisory Minutes 03/19/2009 March 19, 2009 MINUTES OF THE MEETING OF THE COLLIER COUNTY CLAM BAY ADVISORY COMMITTEE Naples, Florida, March 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 North Collier Regional Park, located at 15000 Livingston Road, Exhibit Hall, Room A, Naples, Florida, with the following members present: Chairman: James A. Carroll 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 Pamela Keyes, Environmental Specialist Gail Hambright, Accountant, Coastal Zone Management Colleen Greene, Assistant County Attorney Collier County Government Communication & Customer Relations Department 3301 East Tamiami Trail Naples, FL 34112 (239) 252-8848 www.collieraov.net March 13, 2009 FOR IMMEDIATE RELEASE NOTICE OF PUBLIC IVI en CLAM BAY ADVISORY COMMITTEE COLLIER COUNTY, FLORIDA THURSDAY, MARCH 19, 2009 2:30 p.m. till 5:00 p.m. The Clam Bay Advisory Committee will meet Thursday, March 19 at 2:30 p.m. at the North Collier Regional Park, located at 15000 Livingston Road, Exhibit Hall, Room A, 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 for 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. -End- March 19,2009 I. Call to Order Chairman Carroll called the meeting to order at 2:37 PM II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call Roll Call was taken and a quorum was established. David Farmer was welcomed as a new member of the Committee. IV. Changes and Approval of Agenda Mr. Arceri moved to approve the agenda. Second by Mr. Krumm. Carried unanimously 8-0. Mr. Standridge arrived at 2:41 pm V. Chairman's Comments Chairman Carroll requested Committee Members consider methods to provide the distribution of accurate facts to the public on items where confusion or misinformation may exist throughout the Committee's endeavors. This item will be considered at a future meeting. Staff will provide a hard copy meeting packet 3 days in advance of the meeting to any member who requests it. VI. Approval of Minutes 1. Fehruary 19,2009 Mr. Krumm moved to approve the minutes o/the February 19, 2009 meeting. Second by Mr. Arceri. Carried unanimously 9-0. VII. Staff Reports Gary McAlpin submitted the following Reports and provided comments as indicated: 1. Navigational Markers Information and Documentation. a. Letter from USACE dated March 2, 2009 directed to County to install Navigational Markers in Clam Bay. . He read the entire letter into the record, which highlighted the following in regard to the requirements of the navigational markers: "Installation a/these markers is indeed a requirement of the Department of the Army permit. In addition, the markers must meet Us. Coast Guard standards for signs. It is requested you provide the Corps with a drawing showing the placement of these markers and a time frame when you expect the signs to be in place." 2 March 19,2009 It was noted any changes in the existing Management Plan would require review by the US Army Corps or Engineers (USACE). b. February 27, 2009 email and pictures from Pamela Keyes addressing buoys. · The photos are of buoys and signs intended to be used in marking the interior channel. . The buoys arise 3 feet over the water line and are green and red in color. c. Collier County Ordinance 96-16 Establishing Clam Bay for Motorized Vessel use at idle speed. . The Ordinance confirms the County allows the use of motorized vessels in the entire Clam Bay area. d. City of Naples letter dated February 24, 2009 expressing support for navigational marking of Clam Bay. e. Quit Claim Deed: OR 0966, Page 1841-1862; Declaration of Restrictions: OR 0966, Page 1830-1831; Department of Army Permit: OR 0966, Page 1824-1829 outlining County restrictions against Navigational Dredging · Page 1826 - 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. ") . Page 1847 - Item 6. - Legislation - requires any dredging activities in Clam Pass to be authorized by the Pelican Bay Foundation. . This confirms the County may only dredge the Pass for maintenance associated with "tidal flushing." It was noted with any non-compliance of the requirements of the official documents, the property may revert back to the original owner (or designated titleholder.) f. Proposed Channel Marker locations and signage. · A plan was submitted "Proposed Clam Bay Marker Plan" dated March 4, 2009, which provides the location of the proposed markers. · The markers would consist of a combination of posts and buoys. · Submittal of a document providing an example ofthe signs to be placed at the mouth of the Pass and the end of the Bay near Seagate, which warns boater's, local knowledge is required to navigate the area. · The Clam Bay Advisory Group Subcommittee approved the Plan with the addition of two markers, one as someone enters the Pass where swimmers and boaters conflict and one in the middle of Clam Bay for further assistance in navigation in this area. . 3 March 19,2009 2. Clam Pass Permit Information and Documentation a. Clam Pass permit drawings dated February 27, 2009 b. Clam Pass Dredging JCP Application dated February 18, 2009. · Staff is requesting authorization to move forward with the permit application dated February 18, 2009 for the purposes of "tidal flushing" ofthe Clam Pass. Upon discussion, the following was noted: · The requirement of the installation of the Navigational Markers was in the original 1998 US Army Corps of Engineers (USACE) permit. · No permit modifications were requested for the USACE permit. Speakers Marcia Cravens, Mangrove Action Group noted the following: . The letter from the US ACE was directed to Pelican Bay Services Division, (PBSD) who has not had an opportunity to respond. · The PBSD is the Permittee, and any action by the Clam Bay Advisory Committee is inappropriate. . The letter from the USACE does not constitute a "letter of permit non- compliance." · The letter does not specify the type of markers required to be used. · She recommends hazard type markers be utilized as opposed to buoys and signs. Colleen Greene, Assistant County Attorney confirmed the permit was issued to Collier County/Pelican Bay Services Division and Collier County is the legal entity in control of the Permit (ultimately the Board of County Commissioners controls the permit.) Bob Naegele, Pelican Bay Resident noted the following: · Pelican Bay Services Division has done an excellent job managing the Bay. · Pelican Bay residents have provided revenues for the work in managing the Bay. · He requested a statement from the County they "will never dredge Pelican Bay" (Clam Bay.) Sarah Wu, Seagate Resident noted the following: . Commended the work of the Permit Subcommittee · The proposed plan for navigational marking is a compromise from the original plan. . Prefers another type of US Coast Guard approved marker (rather than the buoys). 4 March 19,2009 Gary McAlpin stated the advantage of using the buoys is that they are identical to other County navigational markers and would be placed in the Collier County inventory and subject to a re-occurring maintenance cycle. VIII. New Business 1. Approval of Permit Subcommittee recommendation to install Navigational Markers in Outer Clam Bay for USACE permit compliance and recommendation to move forward with permitting and installation. Mr. Krumm provided a brief overview of the work of the Clam Bay Advisory Committee - Permit Subcommittee. Mr. Krumm moved to approve the navigational marking plan as recommended by the Clam Bay Advisory Committee - Permit Subcommittee. Second by Mr. Arceri. The following was noted under Committee discussions: · The buoys located in shallow water areas will be placed to remain upright during times oflow water. · The existing canoe markers were improperly permitted by the State of Florida Fish and Wildlife Conservation Commission and need to be removed. There is confusion over the issue between all parties involved. The Committee determined the "Permit Subcommittee" should address the canoe markers issue. Ms. Worley noted the poles are more advantageous than buoys, as the buoys will have a tendency to lie sideways in low water areas and the poles may serve other functions for wildlife habitat (Osprey nests, etc.) Mr. Roellig stated there is no need for the navigational markers, as the channel has not been marked in over 50 years. He intends to vote against the motion. Speakers Michael Seef, Collier County Resident, expressed noise and wake concerns with boating activities in the area. Marcia Cravens, Mangrove Action Group noted the following: · Expressed concern once the markers are placed, it will lead to unfamiliar boaters using the area who will run aground. · The purpose of (Collier County) Ordinance of96-16 addressing motorized vessels in the area was for Manatee Protection in a sensitive area. · Recommends installing hazard and natural resource signs for marking of the area. 5 March 19, 2009 Rick Dykman, Seagate resident noted the following: . Seagate residents have the right to boat in the Bay and Pass. · The residents accept that the Pass may only be dredged for "tidal flushing" purposes. . The residents prefer the poles, but will accept buoys. · The markers need to be placed for the purposes of navigational safety and environmental protection. Motion carried 7 "yes - 2 "no." Mr. Roellig and Ms. Worley voted "no." It was noted the recommendation will be forwarded to the Coastal Advisory Committee and subsequently to the Board of County Commissioners. 2. Approval of Permit Subcommittee to proceed with permitting for Tidal Flushing Maintenance Dredging of Clam Pass by PBS&J. Gary McAlpin provided an overview of the items addressed in Item VII.2 - Staff Reports. Mr. Krumm provided an overview of the Permit Subcommittee activities, which included a formal recommendation that Staff proceed with the permit application. Gary McAlpin noted the following: · The permit application is identical to the same activity approved in the previous permit (1998 permit). · The application is to dredge for "tidal flushing" purposes (when the channel becomes impeded through natural occurring conditions or a storm event). · A by-product of the dredging is the possibility of acquiring beach quality sand for re-nourishing County Beaches. . The permit does not require a specific "dredge cycle." Mr. Roellig recommended the County apply for an additional I-year extension to the original permit (the current I-year extension issued last year expires on July I, 2009). This would allow the Subcommittee addressing the issues of water quality and sand bypassing, etc. ample time to form recommendations upon which a new permit application could be processed. Gary McAlpin noted: · It would be in the best interest of the County to obtain a new lO-year permit and not risk seeking continual extensions (which mayor may not be granted.) for the existing permit from the Florida Department of Environmental Protection · The work of the Subcommittees is extensive and may take a considerable amount of time. 6 March 19, 2009 · The incorporation of the new information developed by the Subcommittees (new cross sections proposed, etc.) may slow down the review process by the Agencies of a new permit application. · The issuance of a new 10-year permit would provide an "insurance policy" to the County ensuring the capability to conduct the necessary endeavors to maintain the area as they have in the past. · With the issuance of the 1 O-year permit, it would allow more time to propose any modifications recommended by the Subcommittees. Ms. Worley expressed concern the permit application is incomplete and does not provide proper documentation to the Clam Bay Advisory Committee for a thorough review and decision. The application should be clear the permit is for improving tidal flushing when necessary or maintenance required because of a storm event, not acquiring beach quality sand. She recommended the County apply for an additional extension of the existing pennit. Mr. Krumm moved to recommend to the "whole committee" (Clam Bay Advisory Committee) the recommendation by the Permit Subcommittee, (that the County apply for the 1 O-year permit as proposed by Staff.) Second by Mr. Standridge. Speakers Linda Roth, Pelican Bay Resident requested clarification why PBS&J was selected as the consultant and who completed the previous dredging. She recommended the County utilize local consultants as opposed to national companies. Gary McAlpin noted Energy Resources and Sub-aqueous Services, Inc. completed previous dredges (to the best of his knowledge). The previous consultant was Humiston and Moore Engineers. PBS&J is qualified to perform the services requested by the County. Marcia Cravens, Mangrove Action Group expressed concern the application does not indicate the activity will be the same dredging activity as approved in the previous permit. She expressed concern over the application acquiring "beach quality sand." Gary McAlpin noted all the interior cuts are identical to the previous permit. He also clarified the motion by stating it would authorize Staff to move forward with a permit application for "tidal flushing" for Clam Pass on the same basis as previously permitted (in the previously issued 10 year permit). Motion carried 7 'yes" - 2 "no." Mr. Roellig and Ms. Worley voted "no." 3. Sand Bypassing Subcommittee progress update. Postponed 7 March 19,2009 4. Water Quality: Tidal Flushing/Mixing and Nutrient Loading/Runoff Control Subcommittee update. Postponed 5. Mangrove Maintenance and Habitat Subcommittee Update Postponed 6. Membership and Subcommittee work team reevaluation Mr. Arceri moved to combine Collier County Clam Bay Advisory Committee Subcommittees #2 and #4 (Water Quality and Sampling Subcommittee and Maintenance Dredging and Sand Bypassing of Clam Pass Subcommittee). Second by Mr. Krumm. Carried unanimously 9-0. The Committee determined to add Mr. Arceri as a member of the Subcommittee which is now comprised of members: Mr. Roellig, Mr. Glah, Ms. Worley, Mr. Farmer and Mr. Arceri. Speaker Marcia Cravens, Mangrove Action Group noted the Committee is not completing the task assigned in the proper manner. There are no opportunities for outside consultants to address issues, or the Subcommittees to develop their own Agendas or directives. She expressed concern the directive of the Board of County Commissioners is not being followed by the Clam Bay Advisory Committee. The Committee noted they have been charged with the assigned task and have the authority to determine how to most optimally achieve the mission assigned by the Board of County Commissioners. IX. Old Business 1. Clam Bay Advisory Committee Charter Approval by CAC on 3/2/09 Postponed X. Announcements None XI. Committee Member Discussion None XII. Next Meeting Date April 16, 2009 - North Collier Regional Park, Exhibit Hall Room B, Naples 8 March 19,2009 ***** There being no further business for the good of the Connty, 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 9