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Clam Bay Estuary Discussion Group Minutes 03/20/2008 March 20, 2008 MINUTES OF THE MEETING OF THE CLAM BAY ESTUARY DISCUSSION GROUP Naples, Florida, March 20, 2008 LET IT BE REMEMBERED, that the Clam Bay Estuary Discussion Group in and for the County of Collier having conducted business herein, met on this date at 9:00 A.M. at the Coastal Zone Management Office at 3300 Santa Barbara Blvd. Naples, Florida with the following members present: John F. Sorey, III - Naples City Council & CAC Jim Burke - CAC/PBSD member Dave Tomasko - Consultant, PBS & J Coleman Connell - Chairman PBSD Mike Bauer - City of Naples Gary McAlpin - Coastal Zone Mgmt. Director ALSO PRESENT: Commissioner Tom Henning Gail Hambright, Tourist Tax Collector 1 March 20, 2008 1. Call to Orderl Roll Call Mr. McAlpin, Coastal Zone Management Director, called the meeting to order at 9:04 A.M. 2. Approval of Minutes of 2/21/2008 Mr. Burke moved to approve the minutes of the February 21, 2008 meeting. Second by Mr. Bauer. Carried unanimously 6-0. Mr. McAlpin noted that the minutes were as "close to verbatim" as possible, but from the March 20, 2008 meeting forward, the minutes will be summary minutes with a video of the m~eting available via Collier County. 3. Public Comments - 3 minutes per Speaker Mr. McAlpin noted the Pelican Bay Services Division effort and stewardship with relation to the existing permit Clam Bay permit, has been outstanding. Further, he noted that there is possible public perception that the Discussion Group is not concerned with the status of the mangroves. There have only been a few comments regarding the mangroves as the Discussion Group recognizes that the efforts in preserving the mangroves has been outstanding. The mangroves, as well as other items need be addressed as the Discussion Group moves forward. Also, the Coastal Zone Management office does not "speak for the Board of County Commissioners." In addition this is a publicly advertised meeting with members present that sit on a variety of County Advisory Boards. Dr. Bauer stated that Pelican Bay Services Division has done an outstanding job of enhancing and preserving the water quality of the Estuary as well as the restoration of the mangroves. The task now is to incorporate some larger issues into the preservation of the Estuary. SPEAKERS: John Domenie, Pelican Bay Services Division noted he appreciated the comments expressed by Dr. Michael Bauer and Gary McAlpin, but is still concerned the mangroves are taking "second place" herein. Further, he has prepared and submitted reports on a yearly basis to various Agencies and has not received any complaints regarding the Stewardship of Pelican Bay Services Division. He is concerned that the permit which covers mangrove restoration and maintenance is evolving into a County wide responsibility. They are seeking renewal of the permit to protect the mangroves, not for renewing the permit for activities that have taken place in Naples Bay, Venetian Bay, Vanderbilt Lagoon, etc. He requested clarification on the definition of the term "Clam Bay". The Pelican Bay Service Division considers "Clam Bay" as Upper Clam Bay, Inner Clam Bay and Outer Clam Bay. Others define it as going "all 2 March 20, 2008 the way south" to include other bays such as Moorings Bay, Venetian Bay, etc. He noted the "Seagrass Study" was completed for Outer Clam Bay. Kathy Worley, Conservancy of Southwest Florida, requested consideration for her name to be added to the list of teams for "Water Quality and Sampling" and "Marine Life and Seagrass Monitoring". Mr. Connell stated that the Management effort/or Clam Bay should still rest with the Pelican Bay Services Division and any decisions or recommendations should recognize this. Doug Findlay noted that he has never taken the approach that this Discussion Group is "slighting the mangroves." The other items under consideration are in addition to the mangroves. The waters are State owned and the uplands are County owned, they are not possessive of one neighborhood, but belong to all taxpayers. Clam Bay should be looked at holistically, broadening the horizon to look at other neighborhoods that have an impact on the Estuary. He approves the approach of the Group. Tom Cravens, President, Mangrove Action Group noted the group is primarily a group of Pelican Bay residents that led to the 10 year restoration plan. This plan has been very successful. He requests local control over the plan, but does recognize there are other issues over a larger scale and recommends these items be addressed in a separate permit. He recommends renewing the existing permit and continue the existing work that is being conducted within the confines of the permit. Marsha Cravens, Mangrove Action Group, Pelican Bay Resident noted any actions should be taken necessary to improve waters in the entire coastal zone; however this is a separate issue from the Stewardship of the mangroves. She requested clarification on 3 points: I. Is it the Board of County Commissioners plan to take over the maintenance of the I O-year permit that is up for renewal and convert it to a permit to solve problems ongoing in the Clam Bay and the connecting Estuary system? Commissioner Tom Henning, Chairman of the Board of County Commissioners stated that he is not aware of any item on the Board of County Commissioner's agenda to take over the maintenance of the permit. 2. Does the Board of County Commissioners want to replace the Pelican Bay Public Services Division as the signatory applicant and requester of the permit? Commissioner Henning noted he has not been in allendance in any meeting where the Board o/County Commissioners proposes taking over the services provided by Pelican Bay. 3. Would Commissioner Henning vote his approval for renewal of the Pelican Bay 10 year permit for the mangrove conservation area as it exists. 3 March 20, 2008 Commissioner Henning stated he is not familiar with all the issues, but does believe local control is beller than government control. He noted if the permit application requires the Board of County Commissioners to "sign ojf,''' to then (not sure on this) Petition the Board to sign off on any requests by contacting Commissioner Halas to have it placed on an Agenda. He requested clarification on who is considered the "County" in these discussions. Mr. McAlpin stated that the "County" is the Board of County Commissioners. Commissioner Henning stated he considers the "County" the citizens of Collier County and the Board of County Commissioners as their servants and the citizens have every right to Petition the Board to take actions. He encouraged interested parties to come to the Board of County Commissioners meeting to relay the issues herein. Bob Naegele, Pelican Bay Foundation welcomed Commissioner Tom Henning's comments noting the Foundation interest lie with Commercial property owners as well as residential property owners and this group has provided funding for the mangrove restoration in the Estuary. Ted Raia, Pelican Bay resident noted the lands belong to the County and the State, however the residents of Pelican Bay have devoted considerable time and money to the protection of the Estuary and will continue to do so. They are fully willing to coordinate with the County on the new permit, but this should not affect renewal of the existing permit. Mr. McAlpin responded and made note that the renewal is a J -year renewal of the existing permit. Any new items which are identified may be placed in the new permit application ifnecessary. Jim Happensteadt, Pelican Bay Foundation requested clarification on what deficiencies have held up the forwarding of permit application for a renewal that was prepared by Tim Hall of Turrell and Assoc. and the Board of County Commissioners. Mr. McAlpin noted that some of the issues raised over the last 6 months may need to be included in the request jor the renewal ofa permit and may need to be separated which is the purpose of the Discussion Group. Hefurther noted some of the issues identified now were not identified J 0 years ago. He noted that the existing permit encompasses the beginning of the Pelican Bay Vanderbilt Beach Road on the north end and to the north side of the Seagate area on the South end. He noted that there is a zone of influence from other sources now identified such as Venetian Bay, etc. These are the sources and issues they are allempting to address. He noted the Discussion Group will review all issues and determine the format of how the application or applications will be prepared and submilled. 4 March 20, 2008 David Buser, President Seagate Homeowners Association, noted he supports the Discussion Group. He recognizes that it is County Policy that the Coastal Advisory Committee implements the Management Plan for the inlet itself and assumes any permit going forward will clarify that the Coastal Advisory Committee will implement the inlet management strategy. It would be a County held permit with County name. He praised the job done by the Pelican Bay Services Division within the system of mangrove restoration; however he is concerned with the water quality in Seagate which may be affected by current management practices. He is further concerned with the lack of navigational markers in the channel (as required in the permit) and noted that the Board of County Commissioners is currently liable. The permit has been in violation of this requirement since its inception. He feels the Pelican Bay residents have been given misinformation regarding issues associated with the permit via the "Pelican Bay Post." Mr. Sorey noted the ecological approach needs to be a holistic approach of water quality, Seagrass habitat, mangrove restoration and other issues identified and the permit or permits should be addressed in this manner. Marsha Cravens noted a concern that specific language in the new permit will not address the mangroves conservation and restoration. Mr. McAlpin noted that the mangrove issues will be addressed by the Discussion Group. 4. l>iscussion of Proposed Work Topics, Tasks and Teams Mr. McAlpin circulated a document entitled "Clam Bay Discussion Group - Preliminary work topics, tasks and approach for discussion at the 3/20/2008 work team meeting" for review by the participants. The document identifies various topics to be reviewed, identifying a "Work Team" to address those topics and report back to the Discussion Group with applicable information and recommendations. The Discussion Group addressed the issues assigning team leaders and finalizing the members of the various teams. It was noted that any individual can attend these meetings. 1. Water Oualitv and Sampline: Pamela Keys was selected as the team leader. Kathy Worley of the Conservancy of Southwest Florida was added to the team Ted Raia noted that the Pelican Bay Services Division Clam Bay Subcommillee has agreed to move the permit ahead with 2 riders; 1) flxing aU the signage and 2) cooperating with any Agencies that requested sampling of water for testing. Mr. McAlpin accepted this offer and noted that the team will be responsible jor identifying the water sampling locations and parameters 5 March 20, 2008 2. BMP's for Seae:ate and Venetian Bav Dr. Michael Bauer was selected as the team leader. It was noted that the Naples Grande Parking lot stormwater runoff should be studied. 3. Mixine: Analvsis in Outer Clam Bav to studv the effects between Seae:ateNenetian Bav: Clam Pass and the PBSD Stormwater runoff Mr. Tomasko was selected as the team leader. Doug Finlay was also a possible consideration for the team. Tim Hall of Turrell and Associates noted there is aflushing model completed that may assist this analysis. 4. Sand Bvpassine: at Clam Pass Ebb Tide Shoal and Permit Generation Mr. Burke was selected as the team leader. Ken Humiston of Humiston and Moore noted there is data available through various reports that may assist the team working on this item. S. Navie:ation Mr. McAlpin was selected as the team leader. David Buser was added to the team. Ted Raia requested David Buser provide his concerns in writing to him regarding the navigation issues and he will ensure they are addressed. It was noted that Gary McAlpin should be copied with any correspondence. John Domenie, Pelican Bay Services Division noted the issue of the channel markings was raised a couple of years ago and that Gary McAlpin requested the channel marking be delayed until a study by David Tomasko was completed. Mr. Burke noted that the Pelican Bay Services Division has agreed to work with the Coastal Zone Management staff to bring the markers into compliance with the 5 phases of the permit. It was noted the first step of this team is to determine "what the requirement is for the channel markers. " It was noted that the Coastal Advisory Commillee has provided direction in this mailer as well. 6. Marine Life includine: Seae:rass Monitorine: Tim Hall was selected as the team leader. Kathy Worley was added to this team. It was noted that the team will define the limits of the areas to be monitored. 7. Educational Outreach includine: County Fertilizer Ordinance Modifications 6 March 20, 2008 Mr. McAlpin was selected as the team leader. 8. Fundine: Leo Ochs was selected as the team leader. David Buser was added to the team. Mr. Sorey noted that possible consideration is being given to a new taxing district for the Moorings and Seagate communities. It was noted that each team should determine any costs associated with the items covered within their team. A discussion ensued regarding water quality standards and the monitoring associated with them. Mr. Tomasko noted that local management of water quality standards is important, and standards such as State standards are somewhat generic or a "default standard" and cannot address requirements that may need to be "localized" for a specific area. David Buser requested information regarding the exact taxing and spending parameters for the Pelican Bay Services Division Water Management Budget be provided to the team. This will assist in identifYing funding parameters 9. Development and Submittal of New 10 vear Manae:ement Plan and Permit Application Marsha Crooks was added to the team. A discussion ensued regarding the status of the existing permit, the I year extension application or a renewal of the existing application and further why a new permit application needs to encompass new activities. It was noted the avenue taken should be to obtain the I year extension of the existing permit and prepare a new permit application(s) over the year. Tim Hall noted that in order for the Department of Environmental Protection to review the existing renewal proposal, or a new permit application and issue a permit, the County will be required to address new parameters that were not identified 10 years ago. Further, some of the activities within the renewal of the permit application he prepared at the direction of the Pelican Bay Services Division will probably require greater definition by the Department of Environmental Conservation. Commissioner Henning, Chairman of the Board of County Commissioners suggested the use of an inter-local agreement to establish which entities (Board of County Commissioners, City of Naples and the Pelican Bay Services Division, etc.) will be responsible for managing the different aspects of a potential permit. Ted Raia noted that Pelican Bay community has spent a significant amount time and money in managing the water quality in the Estuary and is concerned that they will be removed from the responsibility of this task. He suggested 7 March 20, 2008 that the existing renewal for the permit be submitted to the Department of Environmental Protection for review and await comments on the application before proceeding. Mr. Sorey noted that the Pelican Bay Services Division has done a great job on stormwater and mangrove management, but times have changed over the last 10 years. At this point in time, the issues are more complex and the County has a different level of capability with the establishment of the Coastal Zone Management Office, etc. and the maintenance ofthe water quality within the Estuary requires a more holistic approach. However, the efforts and cooperation with the Pelican Bay Community should not be decreased, but broadened. The strategy arranged by Mr. McAlpin and the County Manager is appropriate at this point. Mr. McAlpin stated he wishes to derive a product tailored to local control with the incorporation of larger issues than previously identified. He requested the opportunity to work this issue through to fruition. Kathy Worley of the Conservancy of Southwest Florida noted that due to time constraints it is important to obtain the extension of the existing permit. It was noted that the extension is "in the mail." Marsha Cravens noted the request for the I-year extension of the existing permit should not impede the submittal for a renewal of the permit which is the will of the people of Pelican Bay. This request for the renewal will be brought to the Board of County Commissioners. Mr. McAlpin noted this would be acceptable and the new permit application may take a parallel path to this request. He will also provide all the contact information for the various teams to all parties involved. Mr. Burke recommended any individual wishing to be involved in the group contact Mr. McAlpin and obtain a copy of the existing permit for review. He also recognized the mangrove maintenance and restoration will not be overlooked by the Discussion Group. S. Additional Action Items None 6. Next meeting The next meeting will be held on May 1,2008. 8 March 20, 2008 ***** There being no further business for the good of the County, the meeting was adjourned by order of the group leader at 11 :25 A.M. Clam Bay Estuary Discussion Group Gary McAlpin, Group Leader These minutes approved by the Discussion Group on as presented or as amended 9