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Clam Bay Advisory Minutes 04/16/2009 April16,2009 MINUTES OF THE MEETING OF THE CLAM BAY ADVISORY COMMITTEE Naples, Florida, April16, 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 North Collier Regional Park, 15000 Livingston Road, Exhibit Hall, Room B, Naples, Florida with the following members present: Chairman: James A. Carroll Vice-Chairman: John Arceri Ronald A. G1ah Noah Standridge (Excused) Robert Rogers Kathy B. Worley David Roellig (Excused) Tah1mann Krumm, Jr. David Farmer ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Pamela Keyes, Environmental Specialist Gail Hambright, Tourist Tax Collector Colleen Greene, Assistant County Attorney 1 MEETING AGENDA CLAM BAY ADVISORY COMMITTEE THURSDAY, APRIL 16,2009 - 2:30 P.M. North Collier Regional Park, 15000 Livingston Road, Exhibit Hall, Room B, Naples. I. Call to Order II. Pledge of Allegiance III. Roll Call IV. Changes and Approval of Agenda V. Approval of Minutes 1. March 19,2990 - Clam Bay Advisory Committee minutes VI. Chairman's Comments 1. Water Quality extent of coverage 2. Dredging memo 3. CAC approval of Permit Application for Dredging and Installation of Navigational Markers 4. Community Support for CBAC VII. Staff Reports VIII. New Business 1. Water Quality studies and approval of Proposal by PBS&J 2. Peer Review 3. Resolutions from the CCBCC and The City of Naples 4. Communication and Dredging Memo 5. Discussion of Mangrove Maintenance Integration into Water Quality Subcommittee IX. Old Business X. Announcements XI. Committee Member Discussion XII. Next Meeting Date/Location May 21,2009 - North Collier Regional Park, 15000 Livingston Road, Exhibit Hall, Room A, Naples. XIII. Adjournment All interested pal1ied are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. For more information, please contact Gail D. Hambright at (239) 252-2966. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112, (239) 252-8380. Public comments will be limited to 3 minutes unless the Chairman grants permission for additional time. Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. April 16, 2009 I. Call to Order! Roll Call 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 Mr. Arceri moved to approve the agenda subject to the following additions: Item VII. 1 - Updated Executive Summary Item VII.2 - Peer Review Item VII.3 - Resolutions for the CCBCC and the City of Naples Second by Mr. Krumm. Carried unanimously 7-0. V. Approval of Minutes 1. March 19,2009 Mr. Krum moved to approve the minutes of the March 19, 2009 meeting subject to the following correction: Page 5, paragraph 6, line #1 - from "more advantageous than buoys, as the buoys will have a tendency..." to "more advantageous than buoys, as the buoys might have a tendency. . . " Second by Mr. Arceri. Carried unanimously 7-0. VI. Chairman's Comments 1. Water Quality extent of coverage The physical areas to be covered under water quality studies include Moorings Bay (primarily data collections and analysis) as it is connected to Clam Bay via culverts at Seagate Drive. 2. Dredging Memo A memo was developed by the Chairman "Collier County Clam Bay Advisory Committee" dated 4-20-09 which addresses the dredging issues in Clam Bay. He requested Committee members consider avenues to distribute the memo (and others) to the public. This will be taken up under item VII.4 of the agenda. 3. CAC approval of Permit Application for Dredging and Installation of Navigational Markers. The Permit Application for Dredging and the Plan for Installation of the Navigational Markers were approved by the Coastal Advisory Committee on April 9, 2009. 2 April 16,2009 4. Community Support for CBAC Discussion on the importance of community support and public understanding of the duties assigned to the Committee. VII. Staff Reports None VIII. New Business 1. Water Quality studies and approval of Proposal by PBS&J The Executive Summary (ES) "Recommend Approval from the Coastal Advisory Committee to contract for Water Quality Monitoring, Data Collection, Circulation/Sediment Modeling and a Natural Resource Characterization Study of the Clam Bay Estuary as outlined in the attached PBS&J proposal dated 4/1/2009 for a time and materials not to exceed price of $265,012" was submitted to the Committee for review. Ms. Worley provided an overview of the work completed by the Subcommittees in reference to the ES noting the following: . Data collected in the Study should be compatible for submittal to the STORET system. . The need for similar parameters for collection and analysis of data within the areas affecting the System by various consultants, etc. . PBS&J was requested to prepare a proposal for a Water Quality Study and provided the proposal "Water Quality Monitoring, Data Collection, Circulation/Sediment Model and Natural Resource Characterization Study. " . The proposed Study was presented to the Water Quality, et a1 Subcommittee for approval with the purpose of providing a comprehensive Water Quality Study of the System. . The Committee approved the Study with minor wording changes (i.e. - page 6- "Hydrographic Survey," - defining the System area), requirement of a rigorous Peer Review, and for Staff to obtain full funding for the Study. She expressed concern with the current proposal on Page 11, "Assumptions" - "This scope does not include time/effort to respond to or modify the work product based on this Peer Review. " Traditionally with Peer Review, the author of the Study responds or modifies the Study as necessary. Gary McAlpin stated PBS&J will need to be compensated for any additional work required. It is difficult to provide a contract for this work, as the comments from Peer Review are unknown at this time. Ms. Worley expressed additional concern that data collection limited to 8 days may not provide adequate calibration of the model. 3 Apri116,2009 Bryan Flynn of PBS&J provided an overview of the Study highlighting the following: . 8 days of data collection is sufficient to calibrate the model . More data is always beneficial; however the amount of data collection is linked to cost considerations. . Once the model is developed there is capacity to differentiate impact from wet and dry seasons by altering the data input to the model which would analyze the changes which may occur within the system. Discussion ensued on the necessity of post model calibrations and/or verifications. It was noted the Study is the core topic for the task assigned to the Committee by the Board of County Commissioners and needs to be as accurate as possible. Gary McAlpin noted if the Peer review finds further calibration is necessary it will be addressed at that time. He recommended: On page 11, "Assumptions,"- the addition of item #6 to read: "Seven days of calibration are included in the proposal. If additional calibration is deemed necessary upon Peer Review, additional calibrations with a cost basis of time and materials may be added to the contract. " Discussion ensued on the current rate schedule for contractors and whether PBS&J should consider a 20 percent reduction in rates. Gary McAlpin noted the firm and 4 others are approved to provide Coastal Zone Management Services to the County. The Contract will be within County Purchasing Policy and the Policy is not within the scope of the CBAC. The Committee requested Staff to present any items requiring formal action by the Clam Bay Advisory Committee to them, before the item is heard by the Coastal Advisory Committee. Speakers Marcia Cravens, Mangrove Action Group highlighted the following: . County Purchasing Policy is relevant to the item. . Alternative firms have not presented proposals for the Study. . Expressed concern that conclusions have been reached that Water Quality is sub-standard in Clam Bay when it currently meets State's standards. . Many of the problems of water quality reside in Moorings Bay. Linda Roth, Pelican Bay Resident highlighted the following: . Expressed a "cost concern" on the Study. . Only half of the Study will be completed in the Clam Bay system, the other half is within the City of Naples. . The Study may be duplicating efforts as Humiston & Moore addressed some of the tasks in previous studies in November of2008 (Clam Pass Restoration and Management Plan Biological Report #9). 4 April 16, 2009 . The tax dollars proposed to be expended on this item should be spent on municipal services. Mary Johnson highlighted the following: . Expressed concern that the Contract is pre-mature and not within the scope of the CBAC. . The Study is not within the scope of the Ordinance created by the BCC directing the CBAC. . The geographic scope of extent of the area to be studied by the Committee is unclear. . The purview of the Committee is the NRPA (Natural Resource Protection Area). Mr. Arceri expressed dismay that some individuals who appear to be focused on the overall health of this Estuary are opposed to a new comprehensive study on it. Mr. Arceri moved to accept the proposal (Water Quality Monitoring, Data Collection, Circulation/Sediment Modeling and a Natural Resource Characterization Study of the Clam Bay Estuary as outlined in the attached PBS&J proposal dated 4/1/2009 for a time and materials not to exceed price of $265,012) with thefollowing conditions: 1. The option to re-calibrate the model ifnecessary. 2. The Study is subject to an extensive Peer Review. Second by Ms. Worley. Carried unanimously 7-0. 2. Peer Review Gary McAlpin provided an overview of the Executive Summary "Recommend Approval from the Clam Bay Advisory Committee to provide Peer Review from Terrell-Hall and Associates, Humiston and Moore, Coastal Planning and Engineering and Dr. Dean from the University of Florida to the PBS&J Clam Bay Water Quality Monitoring, Data Collection, Circulation, Sediment Model and Natural Resources characterization Study. The cost for the Peer Review is expected not to exceed $50,000." He noted the review will include, but may not be limited to: . Data Collection techniques . Data Analysis . Review of Model Calibration . Review of Modeling Techniques . Review of Conclusions It was noted Peer Reviews are common within the Industry and will be completed in Phases as the Study proceeds. It is necessary to ensure the Study is publicly accepted as "credible," technically accurate and includes experts previously involved with issues in the Estuary. 5 April 16,2009 Discussion ensued on how matters would be adjudicated should there be any disagreements on aspects of the Study. Gary McAlpin noted the "phased review" concept should assist in ensuring the final conclusions/recommendations will be agreed upon by all involved. Speakers Steve Feldhaus, Pelican Bay Foundation highlighted the following: . The Foundation supports the work ofthe Clam Bay Advisory Committee and supports the concept of a Peer Review of the Study. . Clam Bay was deeded to Collier County in 1982, where the Declarant held certain restrictive rights, with the rights currently assigned to the Foundation. . The Foundation is willing to participate in the process as the Clam Bay Advisory Committee moves forward. . The Foundation will review the recommendations from the Study and provide approval as legally required in the assigned documents. Ms. Worley moved to approve Peer Review from Terrell-Hall and Associates, Humiston and Moore, Coastal Planning and Engineering and Dr. Dean from the University of Florida to the PBS&J Clam Bay Water Quality Monitoring, Data Collection, Circulation, Sediment Model and Natural Resources Characterization Study as depicted in the Executive Summary. Second by Mr. Krumm. Carried unanimously 7-0. 3. CAe approval of Permit Application for Dredging and Installation of Navigational Markers. Gary McAlpin provided an overview of the Executive Summary "Recommend Approval from the Clam Bay Advisory Committee to request that resolutions from the Collier County Board of County Commissioners and the City of Naples be adopted that clearly express no interests in intentions from Collier County or the City of Naples to Navigational Dredge Clam Pass or the Clam Bay System." He noted the Resolution is intended to assure the public the County has no interest in dredging Clam Pass or Clam Bay for navigational purposes. The Committee noted the "Objective" in the ES states, "Assure the Pelican Bay Community..." and should be revised to state, "Assure the public... " Mr. Rogers expressed concern the Resolution is not enforceable as it is Policy, not law. Colleen Greene noted the question is "does the Committee want to make the request for the City of Naples and the Board of County Commissioners to develop a resolution of this nature"? There is no "Resolution" under consideration at this point. Mr. Rogers expressed concern the Policy may be construed to prevent "dredging" should the canal in Seagate become impeded as this could be deemed "dredging for navigation purposes." 6 Apri116,2009 Ms. Worley noted the issue is already identified in County Policy under the Collier County Coastal Zone Management Plan - 1991, Section 7.1.2 states "Clam Pass should never be dredged for navigation purposes... " Speakers Steve Feldhaus, Pelican Bay Foundation noted the following: . Expressed concern that legal precedent may require areas marked for navigation remain open for navigational purposes. . This may lead to navigational dredging of the area in question. . Questions if the 1998 permit requires navigational markers in Clam Bay, as well as the Pass. . The navigational markers issue will be addressed with the Board of County Commissioners. Marcia Cravens, Mangrove Action Group, noted: . County documents such as the Coastal Zone Management Plan indicate dredging the Pass is for tidal flushing purposes and the Pass is "non- navigable" . She opposes placing navigation markers in the Pass. . Dredging for tidal flushing and/or navigation cause damage to Seagrasses and the marine environment. Ned Renfroe noted he has boated in the system over a long period of time with various motor boats and the area is "navigable." Sarah Wu, Seagate Resident does not support a Resolution of this nature. According to the Foundation, they have asserted they are the final authority for any activities in Clam Bay. She disagrees with the assertion, however ifthis is the case, the Resolution is unnecessary. Gary McAlpin noted a Resolution, if adopted will not alter the County's position on placing navigational markers in the system. Mr. Krumm moved to approve the Executive Summary. Second by Mr. Glah. Mr. Rogers noted the Seagate Homeowners Association has not reviewed the item and he will be voting "no." Motion carried 6 'yes" -1 "no." Mr. Rogers voted "no." 4. Communication and Dredging Memo Discussion occurred on the document "Collier County Clam Bay Advisory Committee" dated 4-20-09. Mr. Clah left a 4:40PM 7 April 16, 2009 Mr. Arceri moved to continue this item to the next meeting. Second by Mr. Krumm. Motion carried 6 - o. Committee members are requested to comment individually to Staff on the content of the document. 5. Discussion of Mangrove Maintenance Integration into Water Quality Subcommittee. Mr. Arceri moved to continue this item to the next meeting. Second by Ms. Worley. Motion carried unanimously 6-0. IX. Old Business None X. Announcements Gary McAlpin noted the Navigational Marking Plan, Dredging Permit Application and Mission Statement, are slated to be heard by the BCC on May 12,2009. Colleen Greene, Assistant County Attorney reminded Committee member's documents are public record and need to be retained for a minimum of 3 years. A member may turn the documents over to Staff who will retain the records. XI. Committee Member Discussion None XII. Next Meeting Date/Location May 21, 2009 - North Collier Regional Park, 15000 Livingston Road, Exhibit Hall, Room A, Naples. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:52 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