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Clam Bay Advisory Minutes 11/19/2009 November 19,2009 MINUTES OF THE MEETING OF THE COLLIER COUNTY CLAM BAY ADVISORY COMMITTEE Naples, Florida, November 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 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 Colleen Greene, Assistant County Attorney 1 Collier County Government Communication & Customer Relations Department 3301 East Tamiami Trail Naples, FL 34112 October 30, 2009 (239) 252-8848 www.collien!ov.net www.twitter.comfCollierPIO FOR IMMEDIATE RELEASE NOTICE OF PUBLIC MEETING CLAM BAY ADVISORY COMMITTEE COLLIER COUNTY, FLORIDA THURSDAY, NOVEMBER 19, 2009 Notice is hereby given that the Collier County Government Clam Bay Advisory Committee will hold a public meeting on Thursday, November 19 from 1 :00 p.m. till 4:00 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- November 19, 2009 I. Call to Order Chairman Arceri called the meeting to order at I :01 PM II. Pledge of Allegiance The Pledge of Allegiance was recited. A moment of silence was held for Dee Carroll who recently passed away; (wife offormer Clam Bay Advisory Committee Chairman, James Carroll). III. Roll Call Roll Call was taken and a quorum was established. Chairman Arceri moved to allow Mr. Standridge to participate in the meeting via telephone. Second by Mr. Farmer. Carried unanimously 8-0. IV. Changes and Approval of Agenda Mr. Farmer moved to approve the agenda. Second by Mr. Krumm. Carried unanimously 9 -0. V. Public Comment None VI. Approval of Minutes 1. September 24, 2009 Mr. Krumm moved to approve the minutes of the September 24, 2009 Meeting. Second by Mr. Farmer. Carried unanimously 9-0. 2. October 8, 2009 Mr. Farmer moved to approve the minutes of the October 8,2009 Meeting subject to the following revision: Page 2, last bullet point - from "the peer review will be conducted by authorizing 1 consultant for a ... "to "the peer review will be conducted at the revised budget level. " Second by Mr. Rogers. Carried unanimously 9-0. 3. October 28, 2009 Mr. Krumm moved to approve the minutes of the October 28,2009 Meeting subject to the following revisions: Page 4, paragraph 7, linc 2 - from "is for Seagate and/or Naples Cay be represented, in addition an official..." to "is for Seagate, Naples Cay and/or an official... " Page 6, paragraph 2, line 7 - from "David Tamasko noted.... "to "in response to Ms. Worley's observation mangrove systems are typically characterized by a fine grain sediment layer, David Tamasko noted... " Second by Ms. Worley. Carried unanimously 9-0. 2 November 19, 2009 VII. Chairman's Comments Chairman Arceri thanked everyone who provided comments to staff for the water quality study. VIII. Staff Reports None IX. New Business 1. PBS&J Data Analysis Report and Findings a. PBS&J Report Chairman Arceri noted the purpose of the item is to determine if the 3 recommendations listed in the Executive Summary (ES) ("review and address comments on the PBS&J Data Analysis Report and Findings for the Clam Bay Estuary and approve the recommendations below") dated November 19,2009 be approved by the CBAC 1. Approve moving forward with water monitoring program as outlined in the report. 2. Approve moving forward with the additional sediment toxicology and aging data collection/analysis. 3. Approve the water circulation/flushing modeling study. He provided an overview of some actions to date including: . On April 16, 2009, by a vote of7-0, the Clam Bay Advisory Committee recommended approval to the BCC for the contract with PBS&J to conduct a study on the estuary for $265,000. . The CBAC's recommendation was for PBS&J to complete 4 tasks, (the water quality monitoring program, sediment and biological health characterization study, physical data collection and a circulation and modeling study) . In addition, on April 16, thc CBAC recommended an extensive peer review be completed on the entire report at a budget estimate of $50,000 . On June 23, the BCC approved a portion of the CBAC requests - the water quality monitoring program, sediment and biological health characterization study, physical data collection data collection, at a sum of$120,000 +/- with the City of Naples contributing an additional $25,000 +/- for a total of$145,000 +/-. . In the September 25, 2009 CBAC status report provided to the BCC re-iterated the committee's request for funding the circulation and modeling study and peer review. . The CBAC Status Report also indicated the CBAC would review the report prepared by PBS&J when completed and submit related recommendations to the BCC in December. . The ultimate task of the CBAC is to develop a management plan for the estuary, with only the water quality aspect being completed to date. 3 November 19, 2009 b. Comments Gary McAlpin provided the "Clam Bay System Data Collection and Analysis" preparedfor the Collier County Coastal Zone Management Department by PBS&J, final October, 2009" (The Report) and document "Reponses to Comments. RE: Clam Bay System Data Collections & Analysis Report (October 2009) prepared by PBS&J dated November 17, 2009" for review by the committee. c. Response to Comments David Tamasko of PBS&J provided an overview of responses to the comments/questions provided by individuals on "The Report" in relation to the recommendations. He and staff highlighted the following: Recommendation #1 - Approve movingforward with water monitoring program as outlined in the report . Water quality impairment does not constitute ecological impairment; however the FDEP utilizes water quality standards as a guide for "management". . Current data (dissolved oxygen levels, etc.) indicates areas of the Clam Bay System meet the FDEP definition of "impaired." . Ifthe FDEP declares the water "impaired" the State will require remedies to ensure the system meets adopted water quality standards. . It has been recognized by professionals in the industry, adopted uniform water quality standards may not apply to all bodies of water (canals vs. streams, saltwater estuaries vs. lakes, etc.). This recognition may apply to the Clam Bay System. . To prevent a FDEP declaration of "impaired water", it is recommended the County work with the FDEP to develop Site Specific Alternate Criteria (SP AC) for the water quality standards required for the system. . Historic data from the numerous water quality programs throughout the Clam Bay System has not been placed in the STORET (State of Florida Storage and Retrieval) database; a violation of the Florida Administrative Code. . The data was not placed in the system, as it did not meet the requirements ofSTORET (not analyzed by State certified labs, etc.) . There are two locations in Collier County where water quality data was not placed in STORET and the FDEP sampled the water themselves and declared the water "impaired" (Gordon River and Rookery Bay) . Staff will propose to the FDEP that the County implement a new water quality program for the Clam Bay System and place the data collected under this program into the STORET system (not the historic data.) . In addition, to prevent a declaration of "impaired water" and any associated FDEP mandates, staff will propose to the FDEP the County develop its own SP AC for the Clam Bay System. 4 November 19, 2009 . Staff has met with Pelican Bay Services Division (PBSD) to explore the feasibility of combining their current water quality monitoring with the proposed water quality monitoring to save costs. . Dialogue continues on the issue, which may not be feasible as the PBSD monitors discharge areas in specific locations for compliance with existing permits. . To ensure a complete an analysis as possible, the proposed monitoring plan will be coordinated with the existing water quality sampling occurring in Moorings Bay. . Developing the SPAC will include the analysis of biological data within the system. Discussion occurred on the location of monitoring stations, historic results of water sampling, the results of a previous Seagrass study in Clam Bay completed by PBS&J and its relation to water quality and the confusion over the lack of placement of the historic data in the STORET system. Recommendation #2 - Approve movingforward with the additional sediment toxicology and aging data collection/analysis. David Tamasko of PBS&J provided an overview of responses to the comments/questions provided by individuals on "The Report" in relation to the recommendation. He and staff highlighted the following: . Soil sampling in Outer Clam Bay indicates there is a fine layer of silt limiting the penetration of oxygen into the sediment. . Further analysis of the sediment to determine its origin (a natural or non-natural occurrence) is recommended. . The concern is the limited penetration of oxygen may be unnatural and detrimental to living organisms. . In addition, these fine silt layers have a tendency to trap toxic substances, which may have negative impacts on human and wildlife. Ms. Worley noted she had submitted written comments on the issue of the toxicology tests on the sediment layer and recommended undertaking the activity as part of the management plan. Break: 2:35pm Reconvened: 2:45pm Recommendation #3 - Approve the water circulationlflushing modeling study. Jeff Tabar of PBS&J provided an overview of responses to the comments/questions provided by individuals on "The Report" in relation to the recommendation. He and staff highlighted the following: . The details of the data collection and analysis of the data. 5 November 19, 2009 . In Mr. Tabar's opinion, the data collection period of 8 days was adequate to develop the findings in the report. . It is necessary to develop a water circulation and modeling program to predict the impacts for any proposed changes to the system. . The findings of the circulation and modeling program will be essential to developing certain aspects of the management plan. . The elevations and composition of the culverts under Seagate Drive were taken into consideration in developing the findings in "the report. " Mr. Roellig noted the information provided indicates a net exchange of water to the south from Clam Bay into Moorings Bay. Historic data did not indicate that situation. He suggested consideration be given to replacing the flap gates on the culverts at Seagate Drive. In addition, he expressed concern the data collected and subsequent report has not yet adequately addressed storm water drainage. Ms. Worley noted she submitted written comments on the data collection and expressed a lack of confidence in the data, as it has not been validated. Chairman Arceri noted the original approval by the CBAC required the option to re-calibrate the model as necessary and an extensive peer review of the study. Discussion occurred regarding if the circulation and modeling program is approved and how it will be contracted out. Gary McAlpin noted unless directed by the BCC to utilize the best value offer process, staff prefers to utilize PBS&J, as they are the current consultant and familiar with the data. S J>eakers Linda Roth, Pelican Bay Resident requested clarification on the results of the water quality data for Moorings Bay. Mr. Tamasko noted the results of the water testing for Moorings Bay are included in the report. Sarah Wu, Seagate Resident thanked the Committee, staff and PBS&J for their work. The questions and comments to the consultants were constructive and informative. She supports the 3 recommendations presented in the Executive Summary. 6 November 19, 2009 Mary Johnson, Pelican Bay Resident submitted written copy of an email she sent to all committee members. The findings of "The Report" raise more questions than they answered. The largest concern is the allocation of $350,000 to a study a system that is not "impaired." The scope of the committee needs to be clarified. Henry Price is concerned Gary McAlpin has a pre-planned goal of dredging Clam Pass to utilize sand for beach re-nourishment and using the study and findings in "The Report" to promote the goal and ignoring the environmental impacts on the estuary. Marcia Cravens, Mangrove Action Group, has submitted a public records request to Jeff Tabar without response. The response was to gamer information on how experienced he is in utilizing the proposed modeling software. She expressed concern the data collection was conducted during a period of high rain, which affects flows, and the rainfall data was not included in the statistics. The Seagrass study previously conducted by Mr. Tamasko stated no part of the system met the State of Florida's definition for "impaired water" for chlorophyll. Rick Dykman, Seagate Resident and Homeowners Association supports the 3 recommendations proposed by staff. Jerry Moffatt, Pelican Bay Services Division requested clarification if "The Report" will be revised based on the comments received or be forwarded "as is" to the BCC. He recommended the committee work on promoting "trust" in the process, which makes the "peer review" an important aspect of their work. He also stated there has been an atmosphere of "mistrust" on the entire issue and to build trust, he recommended "The Report" bc submitted to the Pelican Bay Services Division for review at their December 2, 2009 Meeting. Mr. Glah expressed concern over the budget cuts. The process has been dissected (reduction of peer review, etc.) which could negatively impact the results of the complete process. Ms. 0' Brien recommended, for trust building, the process move forward on an incremental basis, which will provide for a better product. Ms. Worley expressed concern over the timing of the toxicology test as the biological aspects of the estuary have not been addressed and the data set to be utilized in the modeling is not comprehensive enough. Chairman Arceri noted there has been much discussion and debate over the various issues being addressed by the CBAC, however in the end, it is necessary for the committee to provide recommendations based on what it believes is best for the estuary. 7 November 19, 2009 Mr. Arceri moved to approve movillg forward with a water quality program as outlined in "The Report." Second by Mr. Farmer. Mr. Arceri amended the motion to approve moving forward with the water quality program as outlined in "The Report" and to work the program out with the Pelican Bay Services Division. Second by Mr. Farmer. Gary McAlpin noted the proeedures for the water quality monitoring program will be reviewed by the "appropriate people." Carried unanimously 9-0. Mr. Arceri moved to move forward with the additiollal sedimellt toxicology and aging data collection/analysis sediment dating and toxicology testing at a level of $30,000 as outlined in the program by staff. Second by Mr. Krumm. Motion carried 5 'yes" - 4 "no. " Mr. Roellig, Ms. Worley, Ms. 0' Brien and Mr. Glah voted "no." Mr. Arceri moved to approve the flushing alld modeling program with the stipulation the modeling is subject to re-calibration alld extellsive peer review. Discussion occurred on the definition of "extensive peer review" noting it is as outlined in the original proposal with Dr. Dean of the University of Florida, Humiston and Moore and Tackney and Assoc. providing the review. Mr. Arceri amended the motion to approve the water circulation flushing and modeling program with the stipulation the modeling is subject to: . Re-calibration of the model. . A minimum of 2 independent peer reviews (ers) to be approved by the Clam Bay Advisory Committee. Second by Mr. Farmer. Motion carried 7 'yes" - 2 "no." Ms. Worley and Ms. 0' Brien voted "110." X. Old Business None XI. Announcements None XII. Committee Member Discussion None 8 November 19, 2009 XIII. Next Meeting Date December17, 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 4:00 PM. COLLIER COUNTY CLAM BAY ADVISORY COMMITTEE John Arceri, Chairman These Minutes approved by the Board/Committee on as presented or as amended 9