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Clam Bay Advisory Minutes 09/24/2009 September 24, 2009 MINUTES OF THE MEETING OF THE COLLIER COUNTY CLAM BAY ADVISORY COMMITTEE Naples, Florida, September 24,2009 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: John Arceri Ronald A. Glah Noah Standridge (Excused) Robert Rogers Kathy B. Worley David Roellig Tahlmann Krumm, Jr. David Farmer (Excused) James Carroll (Resigned) ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Gail Hambright, Accountant Colleen Greene, Assistant County Attorney Pamela Keyes, Environmental Specialist 1 Collier County Government Communication & (239) 252-8848 Customer Relations Department www.colliereov.net 3301 East Tamiami Trail www.twitter.comlCollierPIO Naples, FL 34112 August 13, 2009 FOR IMMEDIATE RELEASE NOTICE OF PUBLIC MEETING CLAM BAY ADVISORY COMMITTEE COLLIER COUNTY, FLORIDA THURSDAY, SEPTEMBER 24, 2009 Notice is hereby given that the Collier County Government Clam Bay Advisory Committee will hold a public meeting on Thursday, September 24 from 9:00 a.m. till 12:00 p.m. at the North Collier Regional Park, located at 15000 Livingston Road, Administration Building, Conference Room A, Naples. In regard to the public meeting: 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. All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board/committee prior to the meeting if applicable. All registered public speakers will be limited to three minutes unless permission for additional time is granted by the chairman. Collier County Ordinance No. 2004-05 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners, an advisory board or quasi-judicial board), register with the Clerk to the Board at the Board Minutes and Records Department. 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- MEETING AGENDA CLAM BAY ADVISORY COMMITTEE THURSDA Y, SEPTEMBER 24, 2009 - 9:00 A.M. North Collier Regional Park, 15000 Livingston Road, Administration Building, Room A, 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 I. August] 3, 2009 VII. Chairman's Comments VIII. Staff Reports 1. Activity Update on the following: a. 10 Year Tidal Flushing Maintenance Dredging Permit Application b. Navigational Markers FDEP Permit c. Water Quality Study d. Safety Signs at Clam Pass - Beach and Channel IX. New Business 1. Resignation of Jim Carroll and Appointment of New Vice Chairman ofthe CBAC 2. Public Outreach Program - Thulman Krumm 3. Review and Approval of CBAC Report to CAC/BCC 4. Review and Approval of the CBAC Proposed Budget to CAC/BCC 5. Approval of Procedures for CBAC 6. Open Position CBAC Applicants X. Old Business 1. Mangrove Maintenance Discussion XI. Announcements XII. Committee Member Discussion XIII. Next Meeting Date/Location October 15,2009 - North Collier Regional Park, 15000 Livingston Road, Administration Building, Room A, Naples. XIV. Adjournment September 24, 2009 I. Call to Order Chairman 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 established. It was noted Chairman Carroll has resigned from the Committee. IV. Changes and Approval of Agenda Gary McAlpin, Director, Coastal Zone Management noted a revised budget has been provided in regard to item XA. Mr. Krumm moved to approve the Agenda. Second by Mr. Rogers. Carried unanimously 6-0. V. Public Comment Bob Naegele, Pelican Bay Resident addressed the Committee expressing concern with the advertisement procedure for the Mr. Carroll's replacement. The advertisement for a replacement was posted by the County on August 28,2009, and the individual's application to fill the vacancy was dated August 17, 2009. He questioned if the County followed proper procedures in advertising the vacancy. Gary McAlpin noted the policy is at the direction of the Board of County Commissioners, to the best of his knowledge, proper procedures were followed; however staff will review the issue. VI. Approval of Minutes 1. August 13, 2009 Mr. Roellig moved to approve the minutes of the August 13,2009 meeting. Second by Ms. Worley. Carried unanimously 6-0. VII. Chairman's Comments Chairman Arceri recognized Jim Carroll's service to the committee. County staff informed him, he automatically assumes chairmanship of the committee. VIII. Staff Reports 1. Activity Update on the Following: a. 10 Year Tidal Flushing Maintenance Dredging Permit Application Gary McAlpin noted Staff continues to work with the Department of Environmental Protection (FDEP) in its review of the permit application. It is anticipated staff will be resubmitting additional information requested by FDEP within 2-3 weeks. 2 September 24, 2009 In response to committee questions, he noted the following: . The existing permit expired, and the County may not dredge the area unless an application is made under the auspices of an emergency permit in the event a declaration of "State of Emergency" by the Governor of Florida or President (of the United States.) . At this point, there are no interceders to the application . It is estimated the permit may be issued within 6 months unless an interceder requests an administrative hearing. . Any responses to request for additional information will be addressed by staff; however the comments from FDEP are posted on line; if committee members have any comments, contact staff. b. Navigational Markers FDEP Permit Gary McAlpin noted: . A petition presented to the Board of County Commissioners (BCC) to overturn the decision to apply for a permit to install "aids to navigation" in Clam Bay was denied by the BCC by a 4-1 vote. . Presented a letter from David S. Hobbie, Chief, Regulatory Division of the United States Army Corps of Engineers to Gary McAlpin, Director, Coastal Zone Management dated September 10, 2009 verifying the "Clam Bay Restoration and Management Plan requires the installation of navigational markers." . A permit to install the "aids to navigation" was issued by the United States Coast Guard on September 2,2009. (A letter from J.B. Embres, US Coast Guard, and 7th Coast Guard District to Pamela Keyes, dated September 2,2009 was submitted for informational purposes). . The County is still required to obtain the Florida Fish and Wildlife Conservation Commission's (FFWCC) approval ofthe wording for the signage to be placed in Clam Bay. . Staff has provided a copy of the proposed language to be submitted to the FFWCC to the Pelican Bay Foundation for comment. . The FDEP issued the permit for the "aids to navigation." . Three parties have requested an administrative hearing regarding various issues involved with the FDEP permit for the "aids to navigation": Pelican Bay Foundation, Mangrove Action Committee and Marcia Cravens. Colleen Greene, Assistant County Attorney noted FDEP is required to rule whether or not the request for an administrative hearing is warranted. If the hearing is granted, it will be a lengthy legal process before the issue is resolved. Speaker Jeanne Findlater, Pelican Bay Resident noted the primary use of the system is conservation and wildlife refuge. The 1998 Management Plan required the placement of markers to ensure the health of the mangroves and the 3 September 24, 2009 preservation of the sea bottom. The existing markers are functioning appropriately and the plan does not specify the types of markers which need to be placed in the system. c. Water Quality Study Gary McAlpin noted the study is ongoing and a draft report should be available at next month's CBAC meeting. Staff will provide the report several days in advance of the meeting to committee members. d. Safety Signs at Clam Pass - Beach and Channel Gary McAlpin noted the proposed "Safety Signs" to be placed in the pass and beach area may require staff to pursue issuance of a separate permit by FDEP should an administrative hearing be required under item VIII.b. IX. New Business 1. Resignation of Jim Carroll and Appointment of New Vice Chairman of CBAC Mr. Rogers moved to nominate Tahlmann Krumm as Vice Chairman of the Clam Bay Advisory Committee. Second by Mr. Glah. Carried unanimously 6-0. 2. Public Outreach Program - Tahlmann Krumm Mr. Krumm provided an overview of the public outreach program which developed 3 main points: 1. An open letter from the chairman is required for residents in the vicinity of the system to update and communicate the Clam Bay Advisory Committee status. 2. Provision of electronic exchanges or posting of information via websites. 3. Conduct a review of the existing informational signage on and around Clam Bay to ensure educational goals are met. It was noted these recommendations have been included in the "Clam Bay Advisory Committee - Status Report" discussed under item IX.3 Discussion occurred on the following: . Direct mailings may be cost prohibitive and whether there are there other avenues for mailings (inclusion of letters in homeowner's quarterly maintenance bills) . Concern not all individuals utilize the internet as a basis for information. . Feasibility of submitting an "article" for print to the Naples Daily News. . Contacting the individual condominium associations within developments for presentations by a committee member. . Submit an article for print in the "Pelican Bay Post." 4 September 24, 2009 Gary McAlpin recommended the section in the status report indicates the need for the outreach and its funding, without identifying specific costs for items. Speaker Linda Roth, Pelican Bay Resident, recommended the outreach focus more on educational standards such as the recommendation in Dr. Tomasko's report (proper fertilizer applications, control of roof gutter runoff, proper disposal of grass clippings, utilization of Florida-Friendly Landscaping concepts, etc.) She expressed concern the focus is on providing committee information to the public, when interested parties already have avenues for obtaining the information (minutes, reports, etc.). She recommended the $16,000 recommended for direct mailings (in the "Clam Bay Advisory Committee - Status Report ") be disapproved. It was noted outreach and education is required to ensure the long term viability of the estuary and will be further addressed under item IX.3 3. Review and Approval of CBAC Report to CAC/BCC Gary McAlpin provided the document "Clam Bay Advisory Committee - Status Report" dated September 24,2009. The report will be forwarded to the Coastal Advisory Committee and ultimately the Board of County Commissioners for approval on October 20, 2009. The committee determined the report should be forwarded to the CAC for approval and if significant changes are made, the CBAC will review the changes at an "Emergency Meeting" before submitting it to the Board of County Commissioners. Under committee review the following amendments were recommended: 1. Throughout the formatting ofthe document change "Actions Taken" and "Status" to "Status" and "Future A ction(s) " respectively. 2. Page 2, Permits, item 2. line -1-4 - from "A new 10 year permit application.. .dredging of Clam Pass." to "For tidalflushing maintenance dredging Clam Pass, a new 10 year permit application on exactly the same technical basis as the previously permit has been submitted to FDEP and the USA CEo " Gary McAlpin noted the contents of this section may require ongoing amendments to reflect any permit updates or timing before the CAC/BCC Meeting. 3. Page 2 last line to first line page 3 from "If this is required, it will lengthen the permitting...at Clam Pass." to "If this is required, it could lengthen the permitting time frame considerably due to, among other issues, the 5 September 24, 2009 controversy associated with the ebb shoal and the width of the cut at Clam Pass. " 4. Page 3 - paragraphl, line 3 from "Clam Pass is the only County Pass where... " to "Clam Pass is a County Pass where. . . " 5. Page 3 - "Water Ouality, Mixing and Runoff' to "Water Ouality, Mixing and Run off/Disch arfles " 6. Replace any references to the term "runoff" cited within the document to the term "Runoff/discharges. " 7. Page 4, paragraph 1, line 4-8 - from". . . working in similar estuaries in SW Florida and their neutral consultant.. .best science available." to '" "working in similar estuaries in SW Florida. The CBAC felt they were qualified to effectively collect and analyze the scientific data and make recommendations based on the best science available. " 8. Page 4, paragraph 4, item 1, line 2-4 - from". . . modeling studies along with setting the... which are largely done." to ".. .modeling studies along with proposing the water quality standards in Clam Bay, in consultation with FDEP and recommendations for a sampling program. " 9. Page 4, paragraph 4, item 2, line 2 - from ".. .and characterization of the plant and marine life in Clam Bay. "to "... and characterization of the sediment in Clam Bay. " Break: 11:00am Reconvene: - 11: 1 Oam 10. Page 5, - Manerove Maintenance and Estuary Habitat Section to read: Status The Committee is working with Pelican Bay Services Division to review their successful Mangrove Maintenance Program. To accomplish this, prior technical reports on the condition of the mangroves, trend analysis and previously recommended actions will be reviewed to assure long-term health of the mangrove community. The committee has accepted the past practices as a basis for future mangrove maintenance. However, specific firms contracted for implementation may vary based on the cost effectiveness of proposals received at the time of implementation. Review of the benthic community has already begun with the sediment samples analysis performed in the data collection phase of this project. 6 September 24, 2009 Future Actions 1. Finalize the Mangrove Maintenance Plan (MMP). 2. It is recommended interested parties convene in the future to review the historical, biological and ecological data, identify gaps in data sets, and make preliminary recommendations based on these reviews to determine the future direction in regards to improving the health of the estuary. 3. Develop the appropriate budgetary requirements for the actions. 4. The Report (MMP) will be completed and integrated into the final Management Plan issued in 2010. 11. Page 5, paragraph 5, line 2-3 - from ".. ..dredging cross section to the stability of Clam Pass, the optimum flushing levels of Clam Pass and the re- nourishment needs of the surrounding beaches. " to ".. .dredging cross sections to stabilize Clam Pass, and develop the levels of optimum flushing levels within the Clam Bay System. " 12. Page 6, paragraph 3, item 1 to read: "An open letter from CBAC's chair to the Pelican Bay, Seagate, and Naples Cay communities to update and communicate Clam Bay/Pass status. This direct mailing would ensure maximum exposure reaching approximately 8,500 households on and contiguous to Clam Bay. Updates may follow by mail as needed until the CBAC ceases to exist and/or the project is completed. In addition, every effort should be made to place similar information in all available media and community outlets. " 13. Page 6 paragraph 4, item 2 - to read: "A direct information communication for every available website. " 14. Page 6, paragraph 5, item 3 - deletion ofthe last sentence "A significant, modern updated approach to signage wouldn't investigated. " Discussion occurred on the section "Committee Future" and its reference for an extension of the committee through June 30, 2010. Some members felt the extension request should be through December 31, 2010 to eliminate the need to return to the BCC for another extension after June 30, 2010, if necessary. The committee determined the June 30, 2010 extension was an acceptable request. Speaker Marcia Cravens, Pelican Bay Resident expressed concern the committee has made an assumption the system is degraded, when it is not. She mentioned the system is in a Natural Resource Protection Area (NRP A) and is to be left in a natural state. The proposed modeling study and competing uses (activities) of installation of markers and signage and potential dredging for navigation, removal of sand for beach re-nourishment, etc. may be 7 September 24, 2009 incompatible with the NRP A. The committee was mandated to review the uses associated with the NRP A and make recommendations how to best manage the area to ensure its protection. She expressed concern the priorities of the committee have been focused on permits, etc. as opposed to wildlife protection and habitat optimization for the area. Mr. .Krumm moved to approve the "Clam Bay Advisory Committee - Status Report" dated September 24, 2009 subject to the amendments above. Second by Mr. Rogers. Carried unanimously 6-0. 4. Review and Approval of CBAC Proposed Budget to CAC/BCC Gary McAlpin presented the document "Clam Bay Advisory Committee _ Operational Budget and Capital Requirements - August 2009 through July 2010" dated September 24,2009. Under Committee review, the following amendments were recommended: 1. Request $20,000 in the "Other Capital" Section for "Estuary Wildlife Preliminary Analysis" Speakers Linda Roth, Pelican Bay Resident requested the funding sources be identified for the various line items in the budget. Marcia Cravens, expressed concern the budget is driven by Moorings Bay and Doctors Pass issues and their relation to the System. No consideration has been given to the estuarine habitat and other areas of resource protection. She recommended funding an Environmental Impact Study to determine the affects of any recommendations provided in the modeling study. She urged the committee dedicate more than $20,000, cited in #l above. Jerry Moffatt, Pelican Bay Services Division requested deletion of the statement "This includes all capital and expense items." found in the section "Mangrove Maintenance," paragraph 1, lines 3-4. The Committee concurred with the recommended amendments requested by Ms. Roth and Mr. Moffatt. Gary McAlpin noted that much of the committee's undertaking is in the "enviromnental data collection" phase, and concerns expressed by Ms. Cravens will be addressed in future budgets. Mr. GlaTt moved to approve the "Clam Bay Advisory Committee - Operational Budget and Capital Requirements - August 2009 through July 2010" dated September 24, 2009 subject to the amendments outlined above. Second by Mr. Rogers. Carried unanimously 6-0. 8 September 24, 2009 5. Approval of Procedures for CBAC Gary McAlpin provided the Executive Summary "Review, approve and authorize the Chairman to sign Procedures for Clam Bay Advisory Committee" dated September 24,2009. The committee recommended the following amendments to the Procedures for Clam Bay Advisory Committee " 1. Section B.2 "Speaker Registration" sentence 6-7 from".. .maximum of three (3) minutes each." to "...maximum of three (3) minutes each, unless the Chairman allows additional time. " or similar language. 2. Deletion of Section F - "Reconsideration." Speaker Marcia Cravens requested clarification if the committee has formally adopted Roberts Rules of Order. The committee should ensure they are not in conflict with other ordinances and the procedures should reflect this. Colleen Greene, Assistant County Attorney noted the document cites the procedures are governed by "Roberts Rules of Order." Mr. Roellig moved to approve the document ("Collier County Clam Bay Advisory Committee - Procedures for Clam Bay Advisory Committee dated September 24, 2009) subject to the amendments above. Second by Mr. Glah. Carried unanimously 6-0. 6. Open Position - CBAC Applicants Gary McAlpin provided the Executive Summary "Review of Clam Bay Advisory Committee (CBAC) Applicants" dated September 24, 2009 and Advisory Board Application Form for Susan O'Brien, applicant for the Clam Bay Advisory Board dated August 17, 2009. Mr. Roellig expressed concern on the advertising procedure (advertised over the Labor Day Holiday, many people were unaware of the vacancy, etc.) for the filling of the vacancy on the Clam Bay Advisory Committee. Mr. Roellig moved to recommend the notice to fill the vacancy on the Clam Bay Advisory Board be re-advertised. Second by Mr. Glah. Speaker Marcia Cravens expressed concern on the County's public notice procedure as many individuals were unaware Mr. Carroll had resigned. Sue Filson (Executive Director to the Board of County Commissioners) informed her there was no newspaper advertisement for the general public. Ms. Cravens expressed concern the announcement was limited to a link on the Collier County Government Web site, which many individuals could not find. 9 September 24, 2009 Jim Burke noted he has been involved with advisory committee's for a long period oftime, and it is his understanding, an applicant may apply for a position for a committee at any time, regardless of a vacancy. When an opening occurs, you are contacted to re-apply, (which would explain the date of Ms. 0' Brien's application. ) Jerry Moffatt noted ifthe County followed proper procedures in the notice, the application should be deemed acceptable. Motion failed 1 'yes" - 5 "no." Chairman Arceri, Mr. Rogers, Ms. Worley, Mr. Glah and Mr. Krumm voted "no. " Mr. Roellig moved to find Susan O'Brien qualified to serve on the Clam Bay Advisory Committee. Second by Mr. Arceri. Discussion occurred whether recommending an applicant to fill a vacancy is required by the committee. Some members felt this is outside the scope of the committee. Colleen Greene noted the Board of County Commissioners encourages a recommendation from an advisory committee when there is a vacancy to be filled. Motion failed 3 'yes" - 3 "no." Ms. Worley, Mr. Krumm and Mr. Glah voted "no. " Members who voted "no" noted their vote reflects an opinion that "making a recommendation for any applicant may be outside the scope of the committee" (not a vote on the "qualifications of the applicant's.") Mr. Rogers moved for the Clam Bay Advisory Committee (CBAC) to make no recommendations on an applicants request to be appointed to the Committee, as it is not within the purview of the CBAC. Second by Mr. Glah. Carried unanimously 6-0. X. Old Business 1. Mangrove Maintenance Discussion Mr. Arceri moved to eliminate this item from the agenda. Second by Mr. Roellig. Carried unanimously 6-0. XI. Announcements Chairman Arceri requested members notify staff if they are interested in continuing service beyond the original sunset date of December 31, 2009. He requested the issue be placed on the next agenda. XII. Committee Member Discussion None 10 September 24, 2009 XIII. Next Meeting Date To be determined ***** There being no further business for the good ofthe County, the meeting was adjourned by order of the Chair at 12:35 PM. COLLIER COUNTY CLAM BAY ADVISORY COMMITTEE John Arceri, Chairman These Minutes approved by the Board/Committee on , as presented or as amended 11