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Clam Bay Advisory Minutes 10/28/2009 October 28, 2009 MINUTES OF THE MEETING OF THE COLLIER COUNTY CLAM BAY ADVISORY COMMITTEE Naples, Florida, October 28, 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 I :00 P.M., North Collier Regional Park in the Administration Building in Naples, Florida, with the following members present: Chairman: John Arceri Vice Chairman: Tahlmann Krumm, Jr. Ronald A. Glah Noah Standridge Robert Rogers Kathy B. Worley David Roellig David Farmer Susan O'Brien ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Gail Hambright, Accountant Jennifer White, Assistant County Attorney 1 October 28, 2009 I. Call to Order Chairman Arceri called the meeting to order at 1 :01 PM II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call Roll Call was taken and a quorum was established. Susan 0' Brien was welcomed as a new member of the Committee. David Tamasko, Jeff Tabar and Todd Demundo of PBS&! were present IV. Changes and Approval of Agenda Mr. Standridge moved to approve the Agenda subject to the following changes: Item VI.1 and 2. Be continued. Item IX.4. Be continued. Second by Ms. Worley. Carried unanimously 8 - O. V. Public Comment None VI. Approval of Minutes 1. September 24, 2009 Continued. 2. October 8, 2009 Continued. VII. Chairman's Comments Chairman Arceri thanked everyone who attended the Special Meeting on October 8, 2009. VIII. Staff Reports Gary McAlpin, Director, Coastal Zone Management provided the following updates: 1. Status of Navigational Markers - Update and Discussion He submitted a copy of the document "State of Florida, Department of Environmental Protection, OGC Case No. 09-3403, Order Dismissing Petition with Leave to Amend" in reference to the Administrative Hearing requested by the Pelican Bay Foundation and noted the following: . The permit applications for the "Aids to Navigation/Informational Markers" have been separated into two requests: one for installation of the "Coast Guard Approved Navigational Markers" and the other for the installation of "Informational Signs/Markers." . Permission to install the "Aids to Navigation" has been granted by the US Coast Guard and Florida Department of Environmental Protection. . Permission to place the "Informational Markers" has not been approved by the Florida Fish and Wildlife Conservation Commission. 2 MEETING AGENDA CLAM BAY ADVISORY COMMmEE WEDNESDAY, OCTOBER 28,2009 - 1 :00 P.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 1. September 24, 2009 2. October 8, 2009 VII. Chairman's Comments VIII. Staff Reports 1. Status of Navigational Markers - Update and Discussion 2. Status of 10 Year Permit - Update and Discussion 3. CAC Approval of Status - Update and Discussion IX. New Business 1. Ordinance Change/Membership Revision Discussion 2. PBS&J Data Analysis Report and Findings 3. Budget Review Based on Data Analysis and Findings 4. Mangrove Maintenance Sub-Committees Recommendations and Findings 5. November/December Meeting Requirements - Update and Discussion X. Old Business XI. Announcements XII. Committee Member Discussion XIII. Next Meeting Date/Location November 19,2009 - North Collier Regional Park, 15000 Livingston Road, Administration Building, 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 prior to the meeting ifappJicable. For more information, please contact Gail D. Hambright at (239) 252-2966. lfyou "e a pe"on with a disahilitywho needs any accommodation in ocd" to participate in this pmceeding, you ace entitled, at no cost to you. to the pmvision of certain assistance. Please contact the Colli" County Facilities Management Department located at 3301 East Tamhuni Teail, 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 shaH, 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. October 28, 2009 . Petitioners (Mangrove Action Group, Pelican Bay Foundation) requested an Administrative Hearing regarding the "Navigation Markers." The requests have been denied to this point, with "Leave to Amend" for the Pelican Bay Foundation, one ofthe Petitioners. . The central issue for decision to grant the request for an Administrative Hearing is whether Pelican Bay Foundation has standing for the Request. The State of Florida and Collier County contends the waters are "Waters ofthe State." . Even though the controlling Agencies have granted permission to install the "Aids to Navigation," they will not be installed until all legal issues have been resolved. Mr. Rogers arrived at 1: 14pm 2. Status of 10- Year Permit - Update and Discussion Jeff Tabar, PBS&J provided the update noting the Application was submitted for the 10- year permit and the Florida Department of Environmental Protection has issued a "Request for Additional Information" (RAI). The RAI includes core sampling in the area of any proposed dredging, updated maps and other related information. The core borings have been completed and are under analysis by PBS&J and they expect to reply to the RAI within 30 days. The FDEP has 90 days to respond to the additional information once it is submitted. It is anticipated FDEP will issue a second RAI (a common practice by FDEP with applications of this nature.) Speakers Linda Roth, Pelican Bay Resident addressed the Council on the Aids to Navigation item noted there are different types of US Coast Guard markers approved for navigation and the Management Plan and they don't have to be the type of markers proposed. She recommends signage type markers. Ted Raia, Pelican Bay Resident noted the County has the right to place navigation markers but the informational signs and navigation markers do not guarantee safe passage, as at times it is difficult to navigate the Pass. Current navigation charts declare the area "un-navigable." He requested clarifications on the parameters for the dredging, for a navigable channel or protection of the Estuary. Chairman Arceri noted it has been stated on the record numerous times the parameters for the dredging will be for "flushing," not "navigation." 3. CAC Approval of Status - Update and Discussion Gary McAlpin noted the budget and Clam Bay Advisory Group Status Report was approved by the Coastal Advisory Committee and will be presented to the Board of County Commissioners on November 10, 2009. 3 October 28, 2009 Speakers Henry Price, Pelican Bay Resident noted the permit for the "Aids to Navigation" are under appeal and have not been issued (or "in hand") as indicated by Staff. Chairman Arceri noted in discussion under "Staff Reports," Item VII. 1 , Staff acknowledged the Petitioners have the right to re-file for an Administrative Hearing under a "leave to amend" order issued by the FDEP. IX. New Business 1. Ordinance Change/Membership Revision Discussion Gary McAlpin presented the Executive Summary "Discuss and if appropriate, make recommendations to the CAC and BCC on potential clam Bay Advisory Committee Ordinance changes" dated October 28,2009. Chairman Arceri noted he has been informed members Mr. Glah, Mr. Standridge and Mr. Rogers do not wish to serve on the Committee beyond the original sunset date of December 31, 2009. Discussion occurred ifthe Committee should revise the composition of its membership. It was noted this would require a change in the Resolution. Chairman Arceri noted the City of Naples is participating in funding some ofthe activities undertaken by the CBAC (Water Quality Study, etc.) He recommended a Staff member or Governmental Official from the City of Naples be appointed to the Committee. In addition, some issues affecting the City of Naples (storm water runoff into Moorings Bay, etc.) may need to be addressed by the Committee. Mr. Roellig moved for the Committee to amend the Committees composition to include a citizen from the "City of Naples," (not just Seagate and Naples Cay). Without a second, the motion was not considered. Discussion occurred on whether it is proper for an "elected official" to serve on the Committee or if a Staff member may serve on an Advisory Board? Chairman Arceri clarified his recommendation is for Seagate and/or Naples Cay be represented, in addition, an official (Staff member) from the City of Naples be incorporated in the Committee. Mr. Glah moved for the Committee's composition to remain as provided in the existing Resolution. Second by Ms. 0' Brien. Motion carried 7 'yes" - 2 "no." Mr. Roellig and Chairman Arceri voted "no. " 2. PBS&J Data Analysis and Findings Gary McAlpin provided the Executive Summary "Review and Approve the PBS&J Data and Analysis Report and Findings for the Clam Bay Estuarial System" dated October 28, 2009 and attached Report "Clam Bay System Data Collection and Analysis, Prepared for: Collier County Coastal Zone Management 4 October 28, 2009 Department by PBS&J, dated "Final October 2009." Included within the Report was an "Executive Summary" which provided an overview of the findings contained in the Report. Committee members noted reviewing the Report may be premature as they just recently received the Report. Chairman Arceri noted the Committee should hear a synopsis of the Report by Staff and PBS&J with public input. Committee member may provide detailed written comments or questions to be addressed by Staff. At the next meeting, the Committee may officially review the Report for approval. Gary McAlpin and PBS&J Staff provided an overview of the Executive Summary (contained within the Report), which was separated in 4 Sections. Review of the existinl!: Water Oualitv Data within the Clam Bay System: . The data from the numerous water quality programs throughout the Clam Bay and Mooring Bay systems have not been placed in the STORET (State of Florida Storage and Retrieval) database, which is inconsistent with the Florida Administrative Code. . The lack of placing the data in STORET could trigger FDEP to perform its own data collection program possibly resulting in a classification of the System as an "impaired water body." . If this determination was to be made by FDEP, the County could be required to mitigate the situation. . Previous sampling by Pelican Bay Services Division indicates Clam Bay would be classified by FDEP as "Verified Impaired." . Based on the data, a draft water quality program has been included in the Report. . PBS&J strongly recommends Collier County work with FDEP to develop "Site Specific Alternative Criteria" (SPAC) for the System, which would allow the County to respond to actual water quality problems without attempting to mitigate naturally occurring impairments. David Tamasko, PBS&J noted the County should develop "SP AC" because it has been determined a set of universal State standards for water quality may not apply to all environments (i.e. standards for canals vs. mangrove habitats, streams vs. lake, etc.) A General Biolol!:ical survey of Clam Bay and Moorinl!:s Bay found: . The Redox layer, an indicator of how deep Oxygen can penetrate into sediment was much deeper in average, in Moorings Bay than the Clam Bay System. . The shallower Redox layer found in the Clam Bay system is due to the existence of a fine grain sediment layer, which limits Oxygen penetration. 5 October 28, 2009 . It is unknown if the fine grain sediment layer found in the Clam Bay System is naturally occurring, or the result of man made changes. . A concern is the fine grain sands found in the Clam Bay System typically attract contaminants. . PBS&J strongly recommends the contaminant levels and the age of the sediment layer is determined for indications if the levels are increasing, and if the sediment layer is naturally occurring or a result of reduced circulation. . Historic data indicates the net water exchange between Moorings Bay and Clam Bay is uniform in both directions . Recent data collected by PBS&J in August 2009 has been analyzed and the net water exchange between Moorings Bay and Clam Bay is southerly, from Clam Bay into Moorings Bay. . The Redox layer in Moorings Bay leads to a greater composition of biological diversity than that ofthe Clam Bay System. Detailed discussion occurred on the findings noting a fine grain sediment layer may typically characterize a Mangrove System. Comparisons of the water quality, biological diversity, etc. of Moorings Bay and Clam Bay may be inappropriate, as the environmental characteristics of the systems are different. Concern the Report may mischaracterize Moorings Bay as "better" than Clam Bay. David Tamasko noted you would expect to find fine grain sediments in a Mangrove Community. The question is, is it more than should be expected and what are the possible sources and history ofthe sediment? Gary McAlpin noted the intent of the Report is to outline the findings ofthe data collected and make recommendations, not to determine if Moorings Bay is better than Clam Bay. Review of Previous Circulation Models Todd Demundo provided an overview of the previous circulation model for Clam Bay prepared by Humiston & Moore in 2003 and historic flow calculations by Tackney & Associate highlighting: . The work in the previous models and studies were completed in accordance with the funding and met the defined objectives at the time. . Given the assigned parameters at the time, there were several critical issues that limit the models ability to function as a new comprehensive model. . The critical issues included the boundaries ofthe model, only one storm water input was included in the model, the limit of the offshore tidal boundary and its calibration for tidal range only, not velocities, etc. . To prepare a new, comprehensive model, a model will need to be developed starting from scratch. Water Circulation and Flushinl! in the system: 6 October 28, 2009 Jeff Tabar provided an overview of the specific details ofthe data collection phase including but not limited to location of instruments, dates of collections, circulation and flushing ofthe system, highlighting: . The original construction of Vanderbilt Beach Road and Seagate Drive impacted the System (closed the tidal connections to South to the Gulf of Mexico leaving Clam Pass as the only connection to the Gulf of Mexico, etc). . In response to water quality concerns, culverts were placed under Seagate Drive in 1976 to allow for tidal exchange between Moorings Bay and Clam Bay. . The shoreline of Moorings Bay has been significantly altered, while Clam Bay's watershed has been extensively developed with its shoreline remaining primarily intact. . In the late 1990's, as result of mangrove die off, a permit was obtained to conduct dredging activities in Clam Pass and Clam Bay. . The current hydrographic data utilized in developing the Report was collected over an 8-day period in August 2009. . With respect to overall flow, in the System, the net flow is from Clam Bay, southerly into Moorings Bay. . Due to the net flow, the water ecology in Clam Bay is not strongly affected by Moorings Bay. . It is recommended to analyze potential changes and improve circulation and dissolved oxygen (DO), within the Clam Bay System, a hydrodynamic model be developed to assist in understanding the interactions between Clam Bay (Upper, Inner and Outer) Clam Pass, Moorings Bay and Doctors Pass. Mr. Farmer left at 3:05pm Speakers Jerry Moffatt, expressed concern the Executive Summary may mislead the public that Clam Bay is in "terrible shape" and requests the environmental condition of Clam Bay and Moorings Bay be clarified in the Final Report. In addition, he suggested the culverts be removed at Seagate Drive to improve the flow southerly to the Gulf of Mexico. Mary Johnson, Pelican Bay Resident, urged the Committee to delay action on the Report, as it was recently circulated. There has not been ample time for pubic review and input. 7 October 28, 2009 Dr. Michael Bauer, Natural Resources Director, City of Naples noted Moorings Bay has been substantially altered from its original environmental state; however the purpose of the Water Quality Study was to analyze the impacts on the System. He re-iterated the Report indicates the water quality is better in Moorings Bay than Clam Bay, and the finding ofthe net flow from Clam Bay southerly into Moorings Bay indicates Moorings Bay is not negatively impacting Clam Bay. Marcia Cravens, Mangrove Action Group expressed concern the focus ofthe Report and related studies are Water Quality issues as opposed to a Biological and environmental habitat assessment. The designated use of the Clam Bay System is Conservation Area, habitats for wildlife, etc. She noted Clam Bay has been extensively studied and not enough attention has been given to previous studies and Reports. Ted Raia, Pelican Bay Resident requested the Committee not take action on the Report until the Pelican Bay Services Division has a chance to review it and comment. If there are problems with Clam Bay, the Division wants to know so appropriate action may be taken. Visual observation indicates there is an abundance of wildlife in the area with no problems in Clam Bay. Henry Price noted the study is a water quality, water-flushing study and observations indicate there is no problem in this area that needs addressing. The Report does not address the mangrove community and their state of health. Linda Roth noted the 8 days of data collection is insufficient and expressed concern the Executive Summary/Report omits valuable information. Jeanne Findlater noted the Clam Bay system is inundated with a diversity of wildlife, which continues to increase on an annual basis. Doug Finlay requested clarification on any Reports written by Ms. Worley on the water quality of Moorings Bay over the last 10 years. Ms. Worley provided an overview of the Reports written. Committee members will review the Report and submit any questions or comments in writing to Staff so they may be addressed. The Committee could not reach a consensus on a recommendation if it would be appropriate to inform the BCC that the CBAC continues to recommend funding of the Circulation Modeling for the System as Gary McAlpin noted the Committee has already requested funding for the item, and the Report does confirm the need for the Modeling Study. Gary McAlpin noted the Report is a "Draft Report" and will be forwarded to the BCC in its current form. 8 October 28, 2009 Some members felt forwarding the Report prior to CBAC action is inappropriate. Others felt it should be forwarded as a Draft Report to inform the BCC of the status of ongoing activities. The BCC is entitled to the information, given they funded the Study. Questions were raised if the Executive Snmmary should be included in the Report to the BCC with concerns raised on the comparisons between Clam Bay and Moorings Bay. Gary McAlpin re-iterated the Report provides an analysis of the data and recommendations. He suggested, ifit is of concern to the Committee, the Executive Summary be omitted from the submittal to the BCC. He will note the Report has not been approved by the CBAC. Mr. Standridge moved to forward the Report in its entirety, including the Executive Summary to the Board of County Commissioners. Second by Mr. Arceri. Motion carried 6 " yes" - 2 "no." Mr. Glah and Mr. Roellig voted "no." 3. Budget Review Based on Data Analysis and Findings Gary McAlpin submitted the Executive Summary "Recommend that the Clam Bay Advisory Committee review and adjust if necessary the budget funding request based on results of the Clam Bay Data Analysis Report and Findings" dated October 28, 2009 and "Clam Bay Advisory Committee Operational Budget and Capital Requirements - August 2009 through July 2010" dated October 28, 2009. Based on the Report, Staff recommends increasing the Sediment Toxicology item from $15,000 to $30,000 for analysis of the sediment borings as recommended in item IX.2 ("A General Biological survey of Clam Bay and Moorings Bay") Committee discussion occurred on which items of the budget could be revised to increase the funding for the Sediment Toxicology item. Mr. Standridge moved to revise the "Clam Bay Advisory Committee Operational Budget and Capital Requirements - August 2009 through July 2010, " dated October 28, 2009 to the following: "Peer Review" from $15,000 to $5,000; "Public Outreach" from $6,000 to $1,000; "Sediment Toxicology" from $15,000 to $30,000. (All other budget items to remain as shown). Second by Mr. Arceri. Sneakers Marcia Cravens, Mangrove Action Group expressed concern the aging test for the sediment is unnecessary, as no problem with the sediment has been identified. The focus of the Group should be protection of wildlife habitat and the funding should be prioritized accordingly. 9 October 28, 2009 Jerry Moffatt expressed concern in decreasing the Peer Review item as the Executive Summaries presented at the October 8, 2009 CBAC meeting contained a statement "Peer Review will be critical to the quality and success of this Management Plan." Henry Price requested the Committee consider how to address the Final Report should the results ofthe sediment testing be unavailable at that time. Carried unanimously 8 - O. 4. Mangrove Maintenance Sub-Committee Recommendations and Findings Continued 5. NovemberlDecember Meeting Requirements - Update and Discussion The decision to hold a December Meeting will made at the next meeting. X. Old Business None XI. Announcements None XII. Committee Member Discussion None XIII. Next Meeting Date November 19, 2009 - North Collier Regional Park, 15000 Livingston Road, Administration Building, Room A, Naples There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:04 PM. COLLIER COUNTY CLAM BAY ADVISORY COMMITTEE John Arceri, Chairman These Minutes approved by the Board/Committee on , as presented or as amended 10