Loading...
CAC Minutes 08/11/2005 R August 11, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, August 11, 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 Arcer Gerald Camiener Murray Hendel Heidi Kulpa Ronald Minarcini Tony Pires John Sorey (Excused) Paul Sullivan ALSO PRESENT: Gary McAlpin - Coastal Projects Mgr. Maria Bernal -Tourist Tax Coordinator Dr. Mike Bauer - City of Naples Heidi Ashton - Assistant County Attorney Maura Krause - Environmental Services 1 8-11-05 Regular Meeting Page 1 of2 MEETING AGENDA & NOTICE COASTAL ADVISORY COMMITTEE (CAC) THURSDA V, AUGUST 11,2005 - 1 :00 P.M. W. HARMON TURNER BUILDING (Administrative Building F, 3rd Floor) Collier County Government Center, 3301 E. Tamiami Trail, Naples I. Call to Order II. Roll Call III. Changes and Approval of Agenda IV. Public Comments V. Approval of CAC Minutes 1. June 9, 2005 VI. Staff Reports 1. Revenue Report 2. Monthly Project Status Report VII. New Business 1 . Election of Vice-Chairman 2. City of Naples Category "A" Grant Application Amendment for Doctors Pass Dredging 3. Proposed Changes to the 1 O-Year Category "A" Funding Projections 4. Approval of City/County Renourishment Plan and Great Lakes Dredging and Dock (GLDD) Contract a. Project Costs b. Fill Distribution Proposal c. Bid Schedule d. Contract 5. Renourishment of Clam Pass Park Beach 6. Tigertail Beach Boardwalk Category "A" Grant Application Amendment 7. Florida Department of Environmental Protection (FDEP) Funding Update and Contract Approval 8. Federal Emergency Management Agency (FEMA) Funding Update and Plan to Petition for Contract Review 9. Humiston & Moore Work Order HM-FT-05-06 for Hideaway Beach Post Construction Surveys, Initial Post Construction Monitoring Survey, Record Drawings and Final Certification VIII. Old Business 1. Inlet Subcommittee Report 2. Proposed Tourist Development Tax Funding of Inlets 3. Proposed Amendment to Tourist Development Tax Category "A" Funding Policy 4. County/City of Naples Beach Renourishment Update 5. Hideaway Beach Renourishment Update 6. Marco South Beach Renourishment/Caxambas Pass Dredging Update 7. Doctors Pass Dredging Update IX. Public Comments X. Announcements XI. Committee Member Discussion XII. Next Meeting Date/Location http://www.colliergov.net/tdc/cac/8-11-05RegularMeeting.htm 8/9/2005 8-11-05 Regular Meeting Page 2 of2 1. September 8,2005 - 1 :00 p.m. - Naples City Hall, Council Chambers 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.netltdc/cac/8-11-05RegularMeeting.htm 8/9/2005 August 11, 2005 I. The meeting was called to order by Chairman Ron Pennington at 1 :00 PM. II. Roll Call- A quorum was established with Mr. Sorey being excused. III. Changes & Approval of Agenda - Add: Under "New Business" (10) - Review of Hideaway Homeowner's Assn. Mr. Arceri moved to approve the Agenda as amended. Second by Mr. Sullivan. Carried unanimously 7-0. IV. Public Comments - None V. Approval of CAC Minutes 1. June 9, 2005 -Mr. Sullivan moved to approve the Minutes of June 9, 2005. Second by Mr. Arceri. Carried unanimously 7-0. VI. Staff Reports - Gary McAlpin 1. Revenue Report - Revenues continue to rise - July 12% above June 2. Monthly Project Status Report - will close out approx. 11 projects and returning $750,000 to Fund #195. (Mr. Pires arrived at 1 :07 PM) VII. New Business 1. Election of Vice Chairman - Mr. Arceri has been reappointed. Mr. Arceri was nominated and approved 8-0 for Vice Chairman. 2. City of Naples Category "A" Grant Application Amendment for Doctors Pass Dredging - Gary McAlpin Bids are in and a request to fund an additional portion of the approved grant is $125,000 for the dredging of Doctors Pass. Mr. Arceri moved to approve the $125,000 increase. Second by Mr. Pires. Carried unanimously 8-0. 3. Proposed Changes to the lO-year Category "A" Funding Projections The Executive Summary on significant update changes was listed. The Committee covered and discussed each of the 11 changes. (Attached) The Funding Source is there for the next 10 years. There was a lengthy discussion on the Catastrophic and Major Renourishment Reserves. It was decided to discuss the Policy later in the meeting before approval of the changes. This will then go to the TDC and then the BCC. 4. Approval of City/County Renourishment Plan & Great Lakes Dredging & Dock (GLDD) Contract: Gary McAlpin a. Project Costs b. Fill Distribution Proposal 2 August 11, 2005 c. Bid Schedule d. Contract Discussed all the above issues - numbers will change for pre-construction survey. Mr. Pennington discussed the recommendation for the need of a Coastal Systems Manager to be in charge of all the inlets etc. He recommended Mr. McAlpin for the position to the TDC, which was approved. It will be forwarded to County Staff and Human Resources. His salary is funded out of Tourist Tax dollars at this time. Mr. Arceri moved to recommend the approval of the Great Lakes Dredging & Dock Contract for the County Beach renourishment project and forward onto the BCC. Second by Heidi Kulpa. Carried unanimously 8-0. BREAK - 2:07 PM RECONVENED - 2:18 PM 5. Renourishment of Clam Pass Park Beach - Gary McAlpin · Decided not to renourish Clam Pass Park at this time. · Need plan to renourish within 2 years. · Need study from neutral party for reviewing existing data over last 5 years and will discuss with the State best way to renourish the park. SPEAKERS Dr. David Buser - Seagate Community - community of Seagate supports the independent engineering study for the pass. They also support the Florida Statute 161.142. After reviewing case law his opinion was - any individual making a claim that the pass is non-navigable is incorrect. He asked whose decision is it to decide if it is navigable. There are Federal and State Standards that are clearly defined. He mentioned rights and waterways being navigable. Seagate canals were shown on a map he displayed. He discussed the shoals and beach passes. He read and explained case law of Inter & Intra-state. More case law was referred to and read concerning recreational and public use. He is trying get rid of the idea it is a non-navigable waterway and therefore the Coastal Commission can not apply the statute to it. He mentioned he has numerous correspondences from the DEP, a County Ordinance recognizing navigation and from County and City officials that it is a navigable waterway in the State of Florida. Seagate residents are looking for a Government entity to do the study. Martha Dykman - Seagate Community - many letters in her handout. Pelican Bay Taxing District has controlled the dredging of Clam Pass and has not listened to their community or is a part of it. They are affected by the system - not good flushing. Clam Pass Beach has dwindled. She advises to do the study and feels they have been discriminated against. Mr. Arceri moved to approve the $35,000 study. Second by Heidi Kulpa. 3 August 11, 2005 Mr. Pires wanted to make sure the study will utilize the existing data with all the submittals made as part of Clam Pass Restoration & Management Plan as well as the permit that was issued. Mr. McAlpin responded that all the available data will be used. Carried unanimously 8-0. 6. Tigertail Beach Boardwalk Category "A" Grant Application Amendment - Gary McAlpin This is for information only. Just making the Committee aware the item has been approved from Parks & Rec and part ofthe $200K set aside funding. Proper signage is needed and adding a map would be useful. Reinstating the Park Ranger was discussed and advised. 7. Florida Department of Environmental Protection (FDEP Funding Update & Contract Approval- Gary McAlpin This is for information only. Collier County has petitioned FDEP for additional funding. They are currently evaluating the request. A resolution is expected in approx. 2 weeks and will then be presented to the BCC for approval at their September 13th meeting. 8. Federal Emergency Management Agency (FEMA) Funding Update & Plan to Petition for Contract Review - Gary McAlpin This is for information only. FEMA is reviewing the funding grant from Tropical Storm Gabrielle. Collier County is petitioning FDCA/FEMA to fund $112,052 for Naples, Park Shore & Vanderbilt Beaches. 9. Humiston & Moore Work Order HM-FT-05-06 for Hideaway Beach Post Construction Surveys, Initial Post Construction Monitoring Survey, Record Drawings & Final Certification - Gary McAlpin Monitoring is required by DEP permit. This Contract is for the post- construction sea grass survey for Hideaway Beach, initial post construction monitoring survey, record drawings and final Certification Project 90502. Timing is important. Mr. Pires moved to recommend approval. Second by Mr. Sullivan. Carried unanimously 8-0. 10. Review of Hideaway Homeowners Assn (Beach Renourishment Costs) - Gary McAlpin Mr. McAlpin needs input and direction from the Board on the ancillary costs of the project. The various items were discussed per the attachment. They discussed what items Hideaway will pay for. It was a consensus of the Committee to support Gary's recommendation but to get more detail on a few items and look at the Agreement again. This will be brought back on the Agenda. VIII. Old Business 4 August 11, 2005 1. Inlet Subcommittee Report - Chairman Paul Sullivan This is for information only. Mr. Sullivan gave a synopsis ofthe Committee thus far and the sharing of information into the 3 different areas of the Sub-Committee members (City of Naples, Unincorporated and Marco Island) On July 26, Gary and he met with many of the Marco Island City officials, Department heads and many Organizations. Plans were reviewed with a purpose and direction. They agreed to make some extensions to the Caxambas and Capri Pass proposals. Marco Island requested a pump-out station at the Caxambas Park but realize it is a Parks & Rec issue. He indicated to everyone they would not proceed with an Interlocal Agreement until it was all approved by the County Commissioners. It was a very successful meeting and stated he would keep them informed. Mr. Pennington accepted the recommendation of the Sub-Committee' report. He and Mr. McAlpin met with County Manager Mudd and Assistant County Manager Ochs. They reviewed the proposed changes with one exception on the Inlets. In general they were in agreement, but not for funding non-compatible material with Tourist Tax money. Mr. Pennington mentioned they will not go into a 2nd Phase but make other decisions as a full Coastal Advisory Committee. He thanked the Sub-Committee for their excellent job. Mr. Arceri asked about the removal of Big Marco/Capri Pass in the plan. The issue over beach compatible sand for inlets should be a subject for CAC. He stated the County Manager may not be in agreement and it doesn't have go to the BCC, but that is no reason the Committee cannot discuss it among themselves. Mr. Sullivan mentioned the meeting with the County Manager is when it was decided to drop Capri Pass. CAC needs to do the right thing as Capri Pass is significant. Mr. Sullivan moved they accept the Sub-Committee report and submit to the County Commission. Second by Mr. Pires. Mr. Pires called for the question. Mr. Pennington referred to Item (3) on the Agenda - and read Item 6 of the TDC Category "A" Funding Policy. The Inlet Management Plan for Big Marco and Capri Pass does not recommend bypassing as stated in the Funding Policy. A prime concern is the erosion of the beaches; and the shoals being used for re-nourishing of the beaches on Marco Island which has been done in the past. States the by-passing and sand will be placed on an eligible beach. It does not meet the funding criteria, therefore not eligible for the Tourist Tax funding, so not part of the presentation. 5 August 11, 2005 Mr. Sullivan discussed the issue further and stated they should leave it in and let the County Manager take it out when it goes to the BCC. Mr. Sullivan called for the question. Motion to terminate debate - Carried 7 yes -1 no (Mr. Pennington voted No) The Committee will now vote on the previous motion made by Mr. Sullivan on accepting the Sub-Committee report. More discussion took place........ . committee discussing the inlets, change in policy, looking at the whole picture and the health ofthe Coastal area and focusing on Capri Pass. In summary there was some confusion - Mr. Pennington would like the Committee to accept the Sub-Committee report and then decide what he is to present to the BCC. The motion failed with a tie vote of 4 yes - 4 no (those voting "no" were Mr. Arceri, Mr. Pennington, Mr. Hendel & Ms. Kulpa Mr. Arceri moved to accept the Committees (Sub-Committee) report as written. Second by Mr. Hendel. Carried unanimously 8-0. 2. Proposed Tourist Development Tax Funding of Inlets - Mr. Pennington Mr. Pennington read the Inlet policy and Funding Guidelines for Tourist Development Taxes Management Plan. Each Inlet/Pass was also read and explained. · Big Marco was removed £Tom the presentation from the County Managers direction · The Policy was established by the BCC · More discussion on the number of passes the Sub-Committee was to report on was confusing with some frustration. Mr. Arceri mentioned Big Marco mayor may not meet the existing policy. · Mr. Sullivan stated there may be some confusion on the 2 passes Big Marco and Capri Pass. Mr. Arceri moved to recommend the BCC be presented with the report of the Sub-Committee showing 6 Inlets - one Inlet Capri Pass (not sure it meets the present criteria) but the Committee will review the Policy and come back to the BCC at a later date. Second by Mr. Hendel. Discussion followed. Mr. Hendel withdrew his second while Mr. Arceri amended his motion to read: 6 August 11, 2005 Mr. Arceri moved to recommend the BCC be given the report of the Sub- Committee (showing 6 Inlets for funding) and CAC agrees to review the Inlet Policy as to issues with Big Marco Pass as well as the beach compatibility issue. (The 2 above motions and second were withdrawn) Mr. Arceri moved to present to the BCC the report of the Inlet Sub- Committee. Second by Mr. Hendel. Carried unanimously 8-0. Mr. Arceri moved CA C will take up the issue of beach compatibility and the specifics of Capri Pass. Second by Mr. Hendel. Carried unanimously 8-0. SPEAKERS Mr. Kyle Lukasz - Pelican Bay Services - the Board has concerns on the dredging of the ebb shoal and the policy. They are requesting the Board to hold off on approving the study for funding. Mr. John Domenie - Pelican Bay Resident - he was disappointed the people from Seagate left as he wanted to inform them Mr. Dave Roellig is no longer Chairman of the Sub-committee of Clam Pass - Jim Burke is the new Chairman. He discussed the problems he has encountered in Doctors Pass. He asked what the intent was to make Clam Pass navigable. Gave several examples of certain facts in the area concerning boating, navigability, recreational and environmental issues. 3. Proposed Amendment to Tourist Development Tax Category "A" Funding Policy - Mr. Pennington · Covered the Proposed Funding Policy and made necessary changes · Discussed the Catastrophic Reserves and Budget · Will modify the 10-year plan and consult with the Financial Dept. if any problems or issues. · Mr. McAlpin will come back with options in the Budget and continue with more discussion at the next meeting with the proposed changes. Mr. Arceri moved to reinsert the Catastrophic Reserves as indicated in the current policy. Second by Mr. Camiener. Carried 7 yes - 1 no. (Mr. Pennington voted "no'~ 4. County/City of Naples Beach Renourishment Update - Ron Pennington This is for information only. 7 August 11, 2005 · Divers have been swimming and marking the start points and photographing the areas. · They examined the hard bottom areas which were significant · Biological Opinion is expected soon · Erosion Control Line Resolution will go to the BCC in September 5. Hideaway Beach Renourishment Update - Gary McAlpin This is for information only. · Finished the sand renourishment on July 28 - 32 days late - a penalty will be imposed. Maura Krause - Environmental Services - gave an update on the turtle nesting · Hideaway Beach had 1 nest and I false crawl · 1 nest hatched with 81 eggs and 76 hatchlings · No turtles came on the beach during beach renourishment · Down 200 nests in the County · She is hoping they will do better next year and this is the last time they do beach renourishment during turtle season. 6. Marco South Beach Renourishment/Caxambas Pass Dredging Update - Gary McAlpin This is for information only. · Can't get DEP permit until the draft of the Biological Opinion is completed. 7. Doctors Pass Dredging Update - Ron Pennington This is for information only. · Pre-construction conference held August 10th. · Start work next month IX. Public Comments - None X. Announcements - None XI. Committee Member Discussion XII. Next Meeting Date/Location - September 8, 2005 - I :00 PM at Naples City Hall, Council Chambers. The State will be at the September meeting. 8 August 11, 2005 **It was noted the October meeting will also be held at Naples City Hall, Council Chambers. There being no further business for the good of the County, the meeting adjourned by order of the Chair at 5:39 PM. COLLIER COUNTY COASTAL ADVISORY COMMITTEE Mr. Ron Pennington, Chairman 9