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CAC Minutes 01/13/2005 R January 13, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, January 13, 2005 LET IT BE REMEMBERED, that the Collier County Coastal Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 1 :00 PM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Ron Pennington John Arceri Murray Hendel Graham Ginsberg Heidi Kulpa Tony Pires James Snediker John Sorey III Paul Sullivan ALSO PRESENT: Ron Hovell, Utility Engineering Dept. Maria Bernal, Tourism Heidi Ashton, Assistant County Attorney 1 01-13-05 Agenda Page 1 of 1 MEETING AGENDA & NOTICE COASTAL ADVISORY COMMITTEE THURSDAY, JANUARY 13, 2005 -1:00 P.M. W. Harmon Turner Building (Administration Building F) I. CALL TO ORDER II. ROLL CALL III. CHANGES AND APPROVAL OF AGENDA IV. PUBLIC COMMENTS V. APPROVAL OF CAC MINUTES 1. December 9, 2004 VI. STAFF REPORTS VII. NEW BUSINESS 1. Committee Member Conduct 2. Tigertail to Sand Dollar Island Boardwalk 3. New Vehicle for Coastal Inspections VIII. OLD BUSINESS 1. TDC Category "A" 10-Year Funding Projections 2. Development of Funding Parameters For Inlets 3. TDC Category "A" Grant Application for Doctors Pass Maintenance Dredging 4. County/City of Naples Beach Renourishment Update 5. Hideaway Beach Renourishment Update 6. Marco South Beach Renourishment/Caxambas Pass Dredging Update 7. Wiggins Pass Dredging Update IX. PUBLIC COMMENTS X. ANNOUNCEMENTS XI. COMMITTEE MEMBER DISCUSSION XII. NEXT MEETING DATE/LOCATION 1. February 10, 2005 - 1 :00 p.m. - BCC Boardroom XIII. ADJOURNMENT All interested parties 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 if applicable. For more information, please contact Maria Bernal at (239) 213-2966. 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 East Tamiami Trail, Naples, FL 34112, (239) 774-8380. Public comments will be limited to 5 minutes unless the Chairman grants permission for additional time. Collier County Ordinance No. 99-22 requires that all lobbyists shall, 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. http://www.colliergov.net/tdc/cac/01-13-05Agenda.htm 1/7/2005 January 13,2005 I. The meeting was called to order by Chairman Ron Pennington at 1 :00 PM. II. Roll Call Roll call was taken and a quorum established. III. Changes and Approval of Agenda Mr. Arceri moved to approve the Agenda. Second by Mr. Pires. Carried unanimously 9-0. IV. Public Comments: None V. Approval of Minutes 1. December 9, 2004 - Mr. Sullivan moved to approve the minutes of December 9,2004. Second by Mr. Sorey. Carried unanimously 9-0. VI. Staff Reports - None VII. New Business 1. Committee Member Conduct Mr. Pennington stated at their last meeting some committee members expressed, what they saw, as inappropriate actions by a member outside their meetings. It had been decided it would be an Agenda item for further discussion at this meeting. Mr. Pennington set the ground rules for comments, the attorney's opinion and summary or follow-up action. Mr. Pennington read his statement on the role of a Coastal Advisory Committee member. They serve at the pleasure of the Board of County Commissioners and can be automatically removed by majority vote of the Board. He had concerns about member's actions and regards to news media relationships. He commented on reasons for resignation from the Committee, letters to the editor and other articles signed by this member. Ms. Heidi Ashton - Assistant County Attorney - responded with 2 issues Mr. Pennington stated. One was the filing of a letter with FDEP being a tender of resignation under the Ordinance. Her interpretation is that it does not qualify as a tender of resignation. The other is letters to the editor - she sees no problem as long as the person is not acting on behalf of, or stating a position of the Coastal Advisory Committee. Mr. Arceri asked if the County had a Code of Behavior for Committee members. There is nothing other than the Ordinance. Ms. Ashton stated if the Committee has a concern, members can voice their concerns to the Commissioners in person. She would direct staff to communicate to the BCC of problems on the Committee. 2 January 13, 2005 A lengthy discussion pursued concerning proper conduct by members, criticizing other committee members, being disrespectful and Roberts Rules of Order addressing these issues. Each member made comments - some consisting ofthe following: · Look at Ordinance for appropriate behavior · Rights not questioned, just doing it in the right way · Accuracy of statements and facts · Committee being dysfunctional if dissention · Develop Code of Conduct Mr. Sorey moved to refer this matter to the County Commissioners, secondly they review the Ordinance to see if time has required some adjustments or actions that would be appropriate, and thirdly that a Code of Conduct be developed for all Boards so members know what is expected of them and continue to refine and improve the Boards activities associated with the County's. Second by Mr. Arceri. Discussed forwarding this to the Board of County Commissioners and the Board's priorities and having behavioral guidelines. This could go to the County Attorneys office. Mr. Sorey amended his motion to read: 1) Request County Attorney review and present these actions for the Committees review, 2) Attorney provide Ordinance to include staff's recommendations and 3) the Attorney look at other Cities, make recommendations and suggestions and Board of County Commissioners to decide whether they want a Code of Conduct for all Boards or not. Mr. Sorey amended his motion to include two of the elements as follows: Review of the Ordinance and make any recommendation to the County Commission and they will decide whether to modify the Ordinance or not and 2) - review the potential of a Code of Conduct and the County Commission will decide whether they want a Code of Conduct for all Boards. Mr. Arceri amended his second. Mr. Hendel asked if it was appropriate for a member of CAC to communicate on his own independently with a State Board that is considering issues ofthe Committee. He had a concern when decisions are needed to be made within CAe. Ms. Ashton did not see a conflict, legally, under the Statutes concerning voting conflicts and misuse of position etc. The Committees main concern was delays and added costs on pending issues. 3 January 13, 2005 Motion carried - 8 yes -1 no. Mr. Ginsberg voted "no." Mr. Ginsberg moved if the Board chooses to hear a lengthy discussion on any particular member's behavior or conduct, that that member be present at the meeting. Second by Mr. Hendel. Mr. Hovell stated other Committees have to declare a vacancy because a member doesn't attend the proper amount of meetings, and under those circumstances it would be difficult not to use a members name in regards to their conduct of non- attendance. Mr. Arceri had a problem with the motion in that he or anyone may have to wait many months or several meetings to confront a member or issue if that member is not in attendance. Mr. Hendel withdrew his second. Without a second, the motion will not be considered. 2. Tigertail to Sand Dollar Island Boardwalk According to the Agenda Item Summary, a Feasibility Study is being done at the present time to determine what impacts a boardwalk would have on the environment, what permitting obstacles would need to be overcome and IF, a boardwalk were to be built, give a schematic design and proposed location. It stated staff is not convinced a boardwalk is the best approach to solve the problems. Raymond Carter - Manager of Park Operations for Parks & Recreation He spoke with Marla Ramsey, Public Services Administrator, to shed clarification on the subject. They are waiting for the Feasibility Study of which results should be received this week. He reiterated the summary given above. One of the concerns is the long way to get around the beach to Sand Dollar Island. People are also going through the lagoon which disturbs the bird habitat. Ms. Kulpa stated in 1997 and 1998 having a bridge was not to be considered and surprised a study is being done. Mr. Ginsberg displayed pictures showing activity of paths in the area. Discussed getting to the beach from the parking lot. Other discussions consisted of bird watching, reason for the feasibility study, public outcry on spending taxes, less people using facility, and costs. The 4 January 13, 2005 Ordinance of "Planning and Prioritizing" was mentioned. Access and parking lots are a concern. Need to fix problem in acquiring more people in the area. More marketing and education of the public was suggested. Mr. Arceri moved CAC send a letter to Marla Ramsey expressing their concerns. Mr. Arceri will draft the letter. Second by Mr. Pires. Mr. Arceri amended his motion: He will revise the letter to express their concerns and state a Feasibility study is coming and would like the Committee to review for final comments. They invite Marla Ramsey to attend the next meeting. Motion stated again: The letter will state the concerns they have about the Bridge design, their understanding of the Feasibility Study, see it as soon as it is issued and ask Ms. Ramsey, or her representative, to attend their next meeting. Mr. Pires amended his second. Discussion followed on dealing with structures, bathroom facilities, patrolling and maintenance. Mr. Pires called for the question. Motion carried 8 yes & 1 no. Mr. Ginsberg voted "no." SPEAKERS Nancy Peyton - Florida Wildlife Federation - opposes the Boardwalk. Urges the Committee to send their letter as soon as possible. She stated a boardwalk had been proposed some time ago and the recommendation at that time was that it was ludicrous. They gave a series of recommendations. There have been permits submitted to State and Federal Agencies with negative comments. She stated it will not get permitted. Funds could be more wisely used for rangers, naturalists and educational programs to promote the area. Tigertail is a unique beach and should be marketed as a different beach. Ideas were given and never followed through. Lynn Livingston -Marco Island resident - opposed to the Bridge/Boardwalk - reasons stated are: it being a critical wildlife area, has endangered species, being a special beach area and excessive cost to the taxpayer. It is a premier habitat for shorebirds. The Boardwalk is not needed. Julie Lacascio - Friends of Tigertail- agrees with the previous speakers. She also agreed many suggestions have been made in the past and Parks & Rec have 5 January 13, 2005 not been followed through on. She told of the educational and shelling activities that are held but has not been advertised or articles in newspapers. Richard Stone - resident of Marco and user of Tigertail - objects to concept. Had been told how to build the Boardwalk concerning the feasibility study and was surprised to hear today they may not build it. Mentioned signage and safety with a Park Ranger. Many people from all over the Country come for birding. He encouraged the Committee to send their letter. Kathy Apy- Friends of Tigertail- Organization started about 7 years ago to preserve and protect that special area for coming generations. Stopping the Boardwalk will meet their goals. The project should be stopped. Regina Reiley - she walks the beach everyday and extends an invitation to all the Committee members to walk it with her and will explain the reasons they are opposed to the Boardwalk. Brad Cornell- Collier County Audubon Society - their President, Ted Beloe, has been studying the birds for many years and a national expert on the shorebirds in this particular area. His opinion is that Tigertail and Sand Dollar Island are the second most important coastal habitat area for resting and nesting shorebirds on all ofthe gulf coast of Florida. Needs to be promoted. They support the letter that is going to be written. Suggested they recommend a process and alternatives to addressing the problems in that area. Doug Fee - resident of the Northwest corner of Collier County -looking at a specific project and the Council is not aware of the comprehensive nature ofthe facilities that will be needed for the future. He discussed doubling the population and is important. Suggested having a workshop with the different Committees showing the access points, the facilities and then what is being planned is done with the environment in mind. Need to know what the whole picture is. Murdo Smith - Parks & Rec - the Advisory Board will hold a workshop in February with the public regarding the issues of beach access. Linda Colombo - Agreed with others that expressed being against the Boardwalk. Had attended the Parks & Rec meeting on December 8th in which they discussed the Bridge/Boardwalk. The members had forgotten they had approved the feasibility study. The study was then brought up and not mentioned whether it "should" be built, it was rather "how to build" a bridge. No mention of it having an environment impact. Charlette Roman - President of Friends of Tigertail- representing over 100 volunteers and over 700 people that have signed a petition against the Boardwalk/bridge. They are opposed to the construction of the bridge and want to see the project stopped. Tigertail Beach has over 200 parking spaces. They are 6 January 13,2005 partnering with Rookery Bay and the Hideaway Beach Community for education. They have formal educational programs as well and discussed the educational programs available with tours and walks. There are no maps, signs, nor indication of parking or closest route to the beach. Looking at bathroom facilities is important. There should be literature indicating the diversity of the area, access to the beach, birding opportunities and low & high tides. She has written to Jack Wert on marketing the park, helping the public enjoy the park better and no suggestions have been followed upon. They would like to partner with Collier County on some of the low cost alternatives they might have in lieu of the Boardwalk Bridge. Mr. Smith stated they looked into the portable toilets and found there is a health department requirement. They can't be there for a certain amount of time. BREAK - 3:00 PM RECONVENED - 3:11 PM (Mr. Pires was out of the room) 3. New Vehicle for Coastal Inspections - Ron Hovell A replacement vehicle (Ford Explorer) is being recommended for coastal inspections. Mr. Snediker moved to approve $28,000 for the new replacement vehicle. Second by Mr. Hendel. Carried unanimously 8-0. (Mr. Pires returned - 3:14 PM) VIII. OLD BUSINESS 4. County/City of Naples Beach Renourishment Update - Ron Hovell A lengthy discussion and several questions were asked of Steve Keene of Coastal Engineering. Some issues discussed were: · State Permit was issued · Need Biological opinion from Fish & Wildlife - next month or two · Concern on wording of permit on approving storm water outfall · Summary and discussion on structures on the beach and the artificial reef. · Many things need to be worked out with DEP · Monitoring, aerial photography & surveys will be done at the same time. The staffs recommendation was that CP&E be given final approval to design the artificial reef. 1. TDC Category "A" 10-Year Funding Projections - Ron Hovell Mr. Hovell covered various line items and explained those the Committee needed clarification on. 7 January 13,2005 · Format and structure has been revised · Each category has projection based on available documentation · Revenues based on anticipated reimbursements for specific projects and known sources of funding. · Not enough funding for everything · General Reserves, projects and priorities were discussed at length Remarks were made as to the confusion of the Budget, responsibilities and priorities of inlets. The policy was discussed in detail concerning budgetary concerns. A Resolution was passed in an earlier meeting to have the interest added back into the Budget. Mr. Pires mentioned to reiterate to the Board of County Commissioners again that the Committee wishes to have the Interest on TDC funds travel "with" the TDC Funds. Mr. Hendel expressed the Budget is the most important thing the Committee does. He would like to hold a Workshop, identify each item, have conclusions and assumptions and prioritize. Need to go through each item in detail for a better understanding. In summary, due to the many questions and a better understanding of the Budget, a Workshop will be held on February 18th at 12:30 PM. 2. Development of Funding Parameters for Inlets - Ron Hovell The Board agreed, after a presentation by Mr. Pennington, the request for the Committee to develop proposed parameters for funding the maintenance for each of the County's Coastal Inlets, should be established. Mr. Hendel moved that the Chairman of the Coastal Advisory Committee appoint a Committee to pursue this matter and make final recommendations with regards to the five passes discussed in Mr. Pennington's memorandum. Second by Mr. Sullivan. Sub-committees job will be to establish what areas will be funded under tourist tax funding for each. More discussion followed on the duties of the Sub-Committee. Carried unanimously 9-0. Mr. Pennington appointed the Sub-Committee consisting of: Mr. Sorey representing the City of Naples, Mr. Sullivan the City of Marco Island and Ms. Kulpa - unincorporated area. The Chairman (Mr. Pennington) will attend only as an advisory and resource. He asked Mr. Hovell attend as staff resource. Meetings will be advertised. He will arrange a boat tour of Wiggins Pass. 8 January 13, 2005 Mr. Sorey moved Mr. Sullivan be Chairman of the Sub-Committee. Second by Ms. Kulpa. Carried unanimously 9-0. 3. TDC Category "A" Grant Application for Doctors Pass Maintenance Dredging - Ron Hovell Delay due to the City getting a Consultant under Contract. Now have a proposal. Cores samples were taken and there is material that is not beach compatible, so no longer including it in the permit request. City moved forward. Mr. Pennington read a statement of his opinion on the Grant Application. Mr. Sorey moved to fund Doctor's Pass Maintenance Dredging for $598,500 or 100%, and also either recommend the Commission take it from the Reserves (Tourist Tax) or be reallocating Wiggins Pass excess. Second by Mr. Sullivan. The question was asked ifthe funds of $598,000 are available at this time. Mr. Hovell responded "yes" if they ignore the Policy. They are in the hole now in their policy for not having the required set asides for the renourishment reserves and catastrophes. Discussion followed on the funding, sponsorship of the project, the County Policy and the 10-year Plan. (Mr. Hendel left at 5:09) If the Vanderbilt Beach Parking Garage is financed, additional budget will become available. Mr. Pires called for the question. Motion carried unanimously 8-0. 5. Hideaway Beach Renourishment Update - Ron Hovell Humiston & Moore is requesting an additional $28,500. Mr. Pires moved to approve the two work order amendments. Second by Mr. Sorey. Carried 7 yes -1 no. Mr. Ginsberg voted "no". 6. Marco South Beach Renourishment/Caxambas Pass Dredging Update - Ron Hovell Taylor Engineering requested an additional $8,690 to pay the permit fees. Mr. Pires moved to approve $8,690 for permit fees. Second by Mr. Sorey. Carried unanimously 8-0. 7. Wiggins Pass Dredging Update - Ron Hovell 9 January 13, 2005 Construction is scheduled for January 17, 2005. IX. Public Comments - None X. Announcements - Workshop - February 18,12:30 PM XI. Committee Member Discussion Mr. Arceri - there has been correspondence concerning a proposed change on the make-up of CAC Committee. Mr. Pennington explained the make-up of the Committee. Discussion and opinions were expressed by the members. Mr. Ginsberg - talked about the freedoms he has and his privilege of serving on the Board and representing the people in the community with his opinions in any media of his choice, without the scrutiny by the Committee members. He stated he has never represented the Board, other than himself, in public comments and his discussions with DEP had been held before his appointment to CAe. XII. Next Meeting Date/Location 1. February 10,2005 -1:00 PM - BCC Boardroom There being no other business for the good of the County, the meeting adjourned by order of the Chair at 5:36 PM. ****************** COLLIER COUNTY COASTAL ADVISORY COMMITTEE Chairman Ron Pennington 10