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Clam Bay Advisory Minutes 08/13/2009 August 13, 2009 MINUTES OF THE MEETING OF THE COLLIER COUNTY CLAM BAY ADVISORY COMMITTEE Naples, Florida, August 13,2009 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 9:00 A.M., North Collier Regional Park in the Administration Building in Naples, Florida, with the following members present: Chairman: Vice Chairman: James A. Carroll (Excused) 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 Gail Hambright, Accountant Colleen Greene, Assistant County Attorney Pam Keyes, Environmental Specialist 1 MEETING AGENDA CLAM BAY ADVISORY COMMITTEE THURSDAY, AUGUST 13,2009 - 9:00 A.M. North Collier Regional Park, 15000 Livingston Road, Exhibit Hall, Room A6, 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. July 16,2009 - Clam Bay Advisory Committee Minutes 2. Approval of Subcommittee Minutes a. March 6, 2009 - Clam Bay Permit Subcommittee b. March 18, 2009 - Clam Bay Mangrove Maintenance and Habitat Subcommittee VII. Chairman's Comments VIII. Staff Reports I. Activity Update on the following: a. 1 0 Year Tidal Flushing Maintenance Dredging Permit Application b. Navigational Markers FDEP Permit IX. New Business 1. Safety Signs at Clam Pass - Beach and Channel X. Old Business 1. Mission Statement Update and Review of Open Items 2. Funding Update XI. Announcements XII. Committee Member Discussion XIII. Next Meeting Date/Location September 17,2009 - North Collier Regional Park, 15000 Livingston Road, Exhibit Hall, Room A, Naples. XIV. Adjournment All Interested partied are inVited to attend, and to register to speak and to submit their obJectIOns, if any, in writing, to the board pnor to the meeting lfappllcable. For more information, please contact Gail D Hambright at (239) 252-2966 August 13, 2009 I. Call to Order Mr. Arceri called the meeting to order at 9:00 AM 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. Krumm moved to approve the Agenda subject to the following additions: Item VIIL1.c. - Water Quality Study Update Item X.3 - Mangrove Maintenance Report by Consultants Second by Mr. Farmer. Carried unanimously 6-0. V. Public Comments Michael Williams, Moorings Bay Taxing District addressed the Committee noting he is familiar with the water flow between Clam Bay and Moorings Bay and remembered when the flap gates were installed at Seagate Drive. They never worked properly so were replaced. Based on historic observation, in his opinion, 98% of the water flow is from Clam Bay into Moorings Bay and the statement that the water from Moorings Bay flows into and pollutes Clam Bay is inaccurate. It was noted this be addressed during the Water Quality Study. VI. Approval of Minutes 1. July 16,2009 - Clam Bay Advisory Committee Minutes Mr. Krumm moved to approve the minutes of the July 16, 2009 meeting. Second by Mr. Farmer. Carried unanimously 6-0. Mr. Roellig arrived at 9:05 am 2. Approval of Subcommittee Minutes Colleen Green, Assistant County Attorney noted the Subcommittees are no longer meeting and is appropriate for the Full Committee to approve them if a Subcommittee member could endorse them. a. March 6, 2009 - Clam Bay Permit Subcommittee Mr. Krumm moved to approve the minutes of the March 6, 2009 meeting. Second by Mr. Standridge. Carried unanimously 7-0. b. March 18, 2009 - Clam Bay Mangrove Maintenance and Habitat Subcommittee Mr. Roellig moved to approve the minutes of the March 18, 2009 meeting. Second by Ms. Worley. Carried unanimously 7-0. 2 August 13,2009 VII. Chairman's Comments None VIII. Staff Reports 1. Activity Update on the following: a. 1 0 Year Tidal Flushing Maintenance Dredging Permit Application Gary McAlpin, Director, Coastal Zone Management noted the application has been submitted and the Florida Department of Environmental Protection has responded with a "Request for Additional Information" regarding the following: 1. Assurances the most recent Environmental data and reports are being utilized in the application. 2. Provision of additional geo-technical information (soil borings, clarification on the silt content of a sample, etc.) 3. Notification that monitoring may be required to determine the optimal "cut" which may lengthen the permit process. He noted delays in issuance of the permit may create a problem should the area need to be dredged in the event of the Storm Emergency and no permit has been issued. Staff will be responding to the Request for Additional Information over the next 30 days and anticipated the permit process may include a Request for Public Hearing. He estimated approximately 9-12 months before a permit may be issued. Mr. Roellig passed photos he has taken of the Pass, which indicates it is very shallow. b. Navigational Markers FDEP Permit Gary McAlpin stated the permit has been applied for, and the Florida Department of Environmental Protection has Requested Additional Information from the County. Pelican Bay and other private individuals have petitioned for a Public Hearing on the application. He estimated at least one year before a permit may be official. c. Water Quality Study Update Gary McAlpin noted the Board of County Commissioners have agreed to fund a portion of the Study in the amount of $120,000 and the City of Naples has pledged $25,000 to the Study (to review the existing data and collect new data, etc. required in the proposed Study). Most of the new data collection will be performed during the week of August 17 - 24. It is anticipated a draft Report will be available on October 17, 2009. The Report will include a summary on the need for "Modeling" to complete the Study. 3 August 13, 2009 Speakers Doug Findlay, stated he is familiar with the Estuary as he kayaks in that area and believes that the Water Quality Study to be performed by PBS&J will show 90% of the water flow is from North to South, agreeing with the earlier comments by Mr. Williams. Doug Fee requested clarification on the purpose of the Water Quality Study. Gary McAlpin noted the Report will provide direction on the means required to optimize the flows within the System and provide recommendations for the installation of improvements to control storm water, etc. in the Estuary to ensure proper water quality is achieved. Alice Parker, Pelican Bay Resident, stated she observes the System on a daily basis and noted it is difficult to judge the flows by observation, as it is a very dynamic system. Linda Roth, Pelican Bay Resident requested clarification on the definition of the "System" and ifit includes Doctors Pass. Gary McAlpin noted the area of definition for the Clam Bay Estuary is from Vanderbilt Beach Road to Seagate (Drive); however, to complete a proper study, it is necessary to collect data from surrounding water bodies, which may affect the Water Quality of the "System." Mr. Rogers arrived at 9:35 am IX. New Business 1. Safety Signs at Clam Pass - Beach and Channel Gary McAlpin provided the Executive Summary "Update The Clam Bay Advisory Committee 011 Safety Marker Progress for Clam Pass." Also submitted was an email string between himself, Staff, and the Pelican Bay Foundation on the proposed wording for "safety signs" in Clam Pass to enhance the safety between swimmers and boaters who uti lize the area. The proposed wording has been submitted to the Florida Fish and Wildlife Conservation Commission who is required to approve the final language of the SIgnS. He estimated the signs may be approved in approximately 2 months. Speaker Sarah Wu, Seagate Resident spoke on behalf of Ernest Wu, President of Seagate Homeowners Association noting he has reviewed the signs and personally approves of the language. The Association has not had the opportunity to formulate an official opinion. 4 August 13,2009 X. Old Business 1. Mission Statement Update and Review of Open Items Gary McAlpin provided the Executive Summary "Review with the Clam Bay Advisory Committee Mission Statement Commitments, Assess Progress and Revise as needed" for review by the Committee. Mr. Arceri reviewed 3 commitments outlined in the Mission Statement: "Completion of Management Plan and submit a Draft Report to the Coastal Advisory Board (CAC) by 9/30/09 ", "submit a written Report to the Board of County Commissioners (BCC) by 10/20/09 with recommendations on whether the BCC should continue with the Committee" and "~f continuation is approved make any necessary changes to the Plan based on guidance ji-om the CAC and the BCC and finalize the Report by 12/31/09. " Discussion ensued on the feasibility of meeting the deadlines. Gary McAlpin noted a draft report on the activities of the CBAC will be available at the September CBAC meeting and include the Progress to date, a Completion Schedule and recommendations on how to complete the Master Plan for the Estuary. The Committee reviewed the status of the Subcommittee's: . Subcommittees 1 (Permits) and 2 (Water Quality Mixing and Runoff) have completed their duties, or have items awaiting funding approval by the BCC. . Subcommittee 3 (Mangrove Maintenance and Estuary Habitat) has completed its task and determined that the on-going Maintenance Programs should continue. It was noted the maintenance for this fiscal year has been fully funded and being performed by Pelican Bay Services Division. The County continues to work with the Division in the funding and scope of the work. . Subcommittee 4 (Maintenance Dredging and Bypassing) activities will be determined as a result of the Water Quality Study being performed by PBS&J. . The topics of Public Education and Outreach have not yet been initiated. . The topic of Funding is the responsibility of the Staff and is continuing. Gary McAlpin noted he will have PBS&J contact Kathy Worley for any available data that may be of assistance to the Water Quality Study. Speaker Jerry Moffatt, Pelican Bay Services Division noted the funding for the on-going maintenance is being supplied by the Division and the County. 5 August 13,2009 The Committee determined Mr. Krumm meet with citizens Cora Obley and Sarah Wu to address the topic of Public Education and Outreach. Gary McAlpin noted the Draft Report will be provided to the CAC and the BCC in October. Colleen Green noted the Committee should provide a recommendation by October 20, 2009 to the BCC on whether or not the CBAC should continue. Ms. Worley took issue with the statement contained in item #3 of the Executive Summary, which states, "Negative comments/lobbying by a Clam Bay Advisory Committee member to the BCC negatively impacted full funding and our ability to get everything done at once." She stated: . She had provided a minority opinion to the BCC regarding some decisions made by the CBAC as she voted in the minority at the Committee meeting and noted she has a right to address the BCC on issues. Her comments did not negatively affect the outcome of the decision. . The funding decision was a result of budget constraints/cuts to County Programs given the current economic climate. . She expressed concern, with respect to the Water Quality Study, the bidding specifications (Best Value Offer). Mr. Arceri expressed concern that the Water Quality Study was originally approved unanimously by the CBAC; there was no "minority" vote. If it is the wish of an individual to provide a "minority opinion" in the future, the item can be brought in front of the full Committee so they are aware of it. Ms. Worley agreed, but noted the issue of a Best Value Offer for the Water Quality Study arose shortly before the BCC meeting and there was not ample time to present it to the full Committee. 3. Funding Update Gary McAlpin provided the Executive Summary "Update the Clam Bay Advisory Committee on funding progress and plans" for review by the Committee. Speaker Marcia Cravens expressed concern on the scope of the Committee as the problem with Water Quality lies within Moorings Bay and the untreated storm water entering the Bay. She requested the Committee rename itself "Moorings Bay Advisory Committee." She expressed concern that the County may make improper changes, which may inappropriately affect the Growth Management Plan. She submitted the following documents for the record: . Collier County Ordinance 76-30 . Collier County Ordinance 93-37 6 August 13,2009 . "Coastal Zone Management Plan for Collier County Florida, October 1, 1991 . Collier County Resolution 92-119 . Collier County Ordinance 96-16 . Executive Summary "Recommend the Board of County Commissioners Approve the Ordinance Posting the Clam Bay System as an Idle Speed Zone" - Agenda Item April 9, 1996. . "Requestfor Public Hearing"- Re: Ordinance 96-16. . Minutes, Board of County Commissioners meeting April 9, 1996 . County Growth Management Plan - Conservation and Coastal Management Element, Adopted October, 199, last amended January 2007 . Minutes, Board of County Commissioners, May 18, 1999 . Diagnostic Feasibility Study for Moorings Bay, Collier County Florida, Dated January 1981 - Prepared by Florida Department of Environmental Regulation . Save the Bays Report Volume 6, August 2008. 3. Mangrove Maintenance by Consultants Previously discussed under item X.l - Mission Statement Update and Review of Open Items. Speaker Marcia Cravens noted there exist technical resources, which could be utilized for any proposed changes to the Natural Resources and Protection Area. She submitted the following documents for the record: . "Natural Resources of Collier County Florida - Partl- Beach Management Planning and implementation Strategies at the Local Level, 1983 - Technical Report No. 83-1. " . "Natural Resources of Collier County Florida - Part -3 - A Resource Management Program for the Coastal Barriers of Collier County, Florida Beach Management Planning and implementation Strategies at the Local Level, 1983 - Technical Report No. 83-3. " . "Natural Resources of Collier County Florida - Part -1 - Natural Resources Management 1984 - Technical Report No. 84-1. " . "Natural Resources of Collier County Florida - Part -2 -Coastal Barrier Resources 1984 - Technical Report No. 84-2. " . "Natural Resources of Collier County Florida - Part -3 - Coastal Estuarine Resources 1984 - Technical Report No. 84-3. " . "Natural Resources of Collier County Florida - Part -4 - Coastal Zone Management Units: Data Inventory and Analysis - 1984 - Technical Report No. 84-4. " . "Natural Resources of Collier County Florida - Part -6 - Draft Ordinances for Protection of Coastal Ecosystems 1984 - Technical Report No. 84-6. " 7 August 13,2009 . "Natural Resources of Collier County Florida - Recommendations and a Program for Resource Management and Protection for the Undeveloped Lands of Collier County's Coastal Zone - 1985 - Technical Report No. 85-1. .. . "Natural Resources of Collier County Florida - Natural Resources Management in the Coastal. Inland and Upland Zones of Collier County: Summary of Data Analyses and Program Recommendations - 1988 - Technical Report No. 88-1." Mr. Arceri requested clarification on the purpose of providing the memo in the CBAC meeting packet from Turrell, Hall and Assoc. to Pelican Bay Services Division dated March 20,2009 - Subject "Mangrove Maintenance Scope of Work," Gary McAlpin noted this is part of the scope of work being discussed with Pelican Bay Services Division previously discussed under item X.l - Mission Statement Update and Review of Open Items. XI. Announcements None XII. Committee Member Discussion Ms. Worley noted her comments are not to be deemed personal in nature towards County Staff, but requested full disclosure of any future items applicable to the Committee. XIII. Next Meeting Date September 24,2009 - North Collier Regional Park, 15000 Livingston Road, Naples There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:37 AM. COLLIER COUNTY CLAM BAY ADVISORY COMMITTEE John Arceri, Vice-Chairman These Minutes approved by the Board/Committee on as presented or as amended 8