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CAC Minutes 12/14/2006 R December 14,2006 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, December 14, 2006 LET IT BE REMEMBERED, that the 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 at Administrative Building F, 3rd Floor Collier County Government Center, Naples, Florida with the following members present: Chairman: Ron Pennington Gerald Camiener Murray Hendel - Excused Heidi Kulpa Ronald Minarcini Anthony Pires John Sorey III Paul Sullivan E. Glenn Tucker - Excused ALSO PRESENT: Gary McAlpin, Coastal Project Manager Colleen M. Greene, Assistant County Attorney 1 Collier County: December 14, 2006 Page 1 of2 MEETING AGENDA & NOTICE MEETING AGENDA & NOTICE COASTAL ADVISORY COMMITTEE (CAC) THURSDAY, DECEMBER 14, 2006 - 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. October 12, 2 OJ>> 6 ~Regular Meeting Minutes 2. l'oIovember 9, 2006___Regular Me_eJ:Jn9_Mlmltes VI. Staff Reports 1. Re~enue R~ort=-GarYM!::AIRII"I 2. Proie!::t_Status ReRQrt- Gary McAlpin VII. New Business 1. t'tumlstol"l& MOQre C(LNo.l toW~.LOJi-03uMarco South 2. tt3lmjston&~Ooi~CO NO.2 toWO~6-03 Clam Pass VIII. Old Business 1. Man:o southBeach_Renourlshm~mtLCiilxambi:lS P_ii1uDredging 2. Wiggins Pas~U~_~edging Upj:la_te 3. CIClmPiilSS Se~~bE'arI<RenQl.!fiShmel"ltJClam Pass Dredging 4. Artificial ReefJl'lfOfmationUpdate IX. Public Comments X. Announcements 1. County Staff Reorganization Discussion XI. Committee Member Discussion XII. Next Meeting Date/Location 1. January 11, 2007 - Government Center, Administration Bldg. F, 3rd Floor 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 Gail D. Hambright 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. http://www.colliergov.net/index. aspx ?page= 163 2 12/8/2006 December 14, 2006 I. Call to Order The meeting was called to order by Chairman Ron Pennington at 1 :00 PM. II. Roll Call Roll call was taken and a quorum was established. III. Changes and Approval of Agenda Mr. Minarcini moved to approve the agenda. Second by Mr. Pires. Motion carried unanimously 6-0. IV. Public Comments None Mr. Sullivan arrived at 1 :02 PM. V. Approval of CAC Minutes 1. October 12, 2006 - Regular Meeting Minutes Chairman Pennington noted the following correction to the October 12,2006 minutes on page 7, paragraph 4: Mr. Hendel moved the Contract be awarded to Humiston and Moore Engineers should read Mr. Hendel moved to amend the Halderman Creek contract with Energy Resources to dredge Clam Pass. Mr. Pires moved to approve the minutes for October 12, 2006 as amended. Second by Chairman Pennington. Motion carried unanimously 7-0. 2. November 9, 2006 - Regular Meeting Minutes Mr. Sorey noted the following error on page 4, line 9: but only 15 feet gf vegetation can be removed by FDEP permit. Chairman Pennington stated this should read but only 15 feet from vegetation can be removed by FDEP permit. Mr. McAlpin noted the following error on the bottom of page 5 under Wiggins Pass Update: Permit modification has been applied for and notice to proceed has been received should read has not been received. Mr. Sorey moved to approve the minutes for November 9, 2006 as amended. Second by Mr. Pires. Motion carried unanimously 7-0. VI. Staff Reports 1. Revenue Report - Gary McAlpin Mr. McAlpin made comments relative to revenues and expenses (Attached) . Revenue collected for the first two months of the fiscal year is $45,220 above the amount budgeted. . Total revenue for the full year continues to be projected as $13,600,000. . There are Required Set Asides of $2,500,000. 2 December 14, 2006 . Discretionary funds to be received from TDC funds are in the range of $2,000,000. . November revenue came from Marco Island ($88,000), the City of Naples ($158,000), and the balance from Collier County. . A review ofTDC Category "A" Beach Maintenance Projects indicates fiscal year expenditures of $5,400,000 in total. Mr. McAlpin reviewed projected current fiscal year revenues and expendi tures: $10,418,000 Carryforward at start of year 2,000,000 Additional FDEP cleanup contributions 2,000,000 From Beach Fund #195 $14,600,000 Total revenue 6,000,000 Project expenditures $ 8,000,000 Balance Mr. McAlpin noted that there may be some additional expenditures. He suggested that near the end of the fiscal year, when actual revenues and costs are better known, the Committee should look at retiring the debt on the Parking Garage. The original amount of the debt was $5,000,000. Mr. Sorey asked that the total amount of the debt that would need to be paid at year-end be brought to the next Committee meeting. 2. Project Status - Gary McAlpin Mr. McAlpin reviewed "TDC Category' A" Beach Maintenance Projects" in conjunction with the prior section, "Revenue Report," as noted above. VII. New Business 1. Humiston & Moore CO No.1 to WO 06-03 Marco South Mr. McAlpin requested approval on a change order to an existing Humiston & Moore work order for a not to exceed time and material price of $5,480. This is to provide additional survey lines on the beach which is necessary because DEP required six lines in addition to those in the original contract. The TDC recommended approval of this item on November 2ih. Mr. Sullivan moved to approve the Work Order modification. Second by Mr. Pires. Motion carried unanimously 7-0. 2. Humiston & Moore CO No.2 to WO 06-03 Clam Pass Mr. McAlpin requested approval on a change order to an existing Humiston & Moore work order for a not to exceed time and material price of$10,505. This is for the completion of a customary pre-dredge survey by Humiston & Moore; originally it was expected that this work would be done by Energy Resources. Mr. Pires noted that the proposal of the subcontractor, Agnoli-Barber & Brundage, limits their liability to the County to $8,000, the amount to be paid 3 December 14, 2006 to them for their work. He suggested working with the County Attorney's office to remove that cap on liability. Coleen Greene, Assistant County Attorney, stated that her understanding is the contract is between Agnoli-Barber & Brundage and Humiston & Moore, but she will look at this more closely with Mr. McAlpin. Mr. Sorey moved to approve the Work Order modification. Second by Mr. Camiener. Motion carried unanimously 7-0. VIII. Old Business 1. Marco South Beach Renourishment/Caxambus Pass Dredging Mr. McAlpin provided the following information as of December 13th: . 103,000 cubic yards have been placed on South Marco Beach, or 58% of the 180,000 cubic yard project total. . 1,825 lineal feet of the beach has been re-nourished, or 43% of the 4,380 lineal foot total beach length. 1,100 lineal feet of beach have been accepted. . Pumping did not take place for 24 days, 22 due to weather and 2 due to mechanical failures. . Opening up the beach for the last southern-most 800 feet is to be done by December 16th. . Work is being done with DEP on a permit modification to the beach grading. . It is expected that this project will be completed between the middle and the end of January, depending on the weather. . The quality of the sand looks good. 2. Wiggins Pass Dredging Update Mr. McAlpin provided the following update: . The dredge from Caxambas Pass is being moved to Wiggins Pass in the middle of January, allowing for more than enough time to dredge Wiggins Pass. . The Notice to Proceed on the interior channel has not been received. . Core samples have been sent to FDEP. . The template was changed to accommodate the Delnor Wiggins State Park where there were concerns that some of the areas to be dredged were encroaching on some fish habitat. A meeting took place with the State Snook Board which would like to see the channel dug deeper for Snook habitat, and that will be incorporated into the modeling program moving forward. . Dredging should start at the beginning of February. . A resolution for a lease required by the Delnor Wiggins State Park to renourish the beach and to stage equipment there will be brought to the first January Board of County Commissioners meeting. 3. Clam Pass Beach Park Renourishment/Clam Pass Dredging Mr. McAlpin provided the following update: 4 December 14, 2006 . All of the permits for the Clam Pass dredging with the 80-foot wide cut have been applied for and received. . Notice to Proceed will be issued once the Quality Assurance/Quality Control plan has been reviewed by FDEP. . A preconstruction meeting is scheduled with Energy Resources on December 18th. . The dredge will be mobilized in January. . A meeting is scheduled with the Pelican Bay Services Division Board and Seagate. The main topic is a sea grass issue. . One outstanding issue to be resolved with the Pelican Bay Services Division Board is determining who will take the lead with the next ten year permit and what will be included in that permit. . Dredging should be finished by the beginning of sea turtle nesting season, which is May 1 st. Chairman Pennington noted that the interior is outside the scope of responsibilities of the Coastal Advisory Committee. Speaker Dr. David Buser made comments relative to the inlet. He has found DEP correspondence from 1997 regarding Clam Bay restoration which states that the dredge beach quality material must be placed on the adjacent down drift beaches pursuant to Florida statute 161.142, supporting the applicability of the statute to this particular inlet. He further stated that he is working with someone from FWC on the markings for those channels. The Clam Bay Restoration Management Plan states that the main channel will be marked with U.S. Coast Guard approved navigation markers. That Plan also says that a sign shall be strategically placed both at the entrance to Clam Pass and in the areas around the boat ramp located in the southern end of outer Clam Bay. The main channel, which may be part of the area to be dredged, will be marked in accordance with requirements imposed by the U.S. Coast Guard to assure that those who use the system clearly know where the channel is and the prohibitions against operating their watercraft outside of it. The DEP permit had additional language regarding this Committee that states that the idle speed no wake markers and the tilt motor up to prevent prop damage markers will be placed within the entrance to Clam Pass facing boaters entering the bay. That language is also in the Corp permit. Additionally, the DEP permit and the Corp permit state that to protect the significant natural resources and water quality of the Clam Bay ecosystem, and to provide protection to the public safety, there shall be an idle speed no wake restriction on authorized vessels using the system as stipulated by County Ordinance 9616 which states that the entire waterway is an idle speed waterway. Accordingly, this is not a Seagate issue per se. It does affect Seagate, and public safety of boaters which is a Seagate issue. 5 December 14, 2006 Chairman Pennington stated that Mr. McAlpin will assure that all requirements of the Permits are carried out. Mr. Pires asked if the terms and conditions of the referenced DEP permits and Corp permits in the Pelican Bay Restoration Program were incorporated into the existing permits that the County has received to dredge Clam Pass. Mr. McAlpin responded that the existing permit to dredge Clam Pass is a maintenance permit for flushing, and the DEP and Corp permits were incorporated into it. Since this matter has been brought to the County's attention, proactive work is being done with Seagate and the Pelican Bay Services Division to identify the issues, address them, and resolve them, whether they are Permit violations or not. Any issues that need to be addressed are being addressed. 4. Artificial Reef Information Update Mr. McAlpin provided the following update: . At its December 1ih meeting, the Board of County Commissioners approved awarding the contract to Center Construction. . A Notice to Proceed for procurement of the limestone boulders will be issued by January 1 st, followed by a Notice to Proceed for construction once the required documentation is received and a pre-construction conference has taken place. . The target to construct the artificial reef is between March and June. . A pre-construction meeting will be planned with the Corp as quickly as the documentation can be pulled together from the contractor. IX. Public Comments John Domenie of Pelican Bay stated he agreed that certain comments made about Pelican Bay do not directly concern this Committee. There is a marker at the entrance of the Pass which states that the motor has to be tilted up, that boaters are subject to fine, and it includes idle speed. X. Announcements 1. County Staff Reorganization Discussion Mr. McAlpin discussed a reorganization that County Manager Jim Mudd has recommended that the Board of County Commissioners approve. The reorganization establishes a Coastal Zone Management Section within the Public Services Division. Under the reorganization, the following will report to Coastal Zone Management: . 3 Beach Re-nourishment positions currently in the Tourism Department (including Mr. McAlpin) . Beach raking . Waterways Marking/Artificial Reef/Derelict Vessel functions currently in Environmental Services 6 December 14, 2006 Mr. McAlpin noted the new structure will enable Coastal Zone Management to deal with comments addressed by the CAC about channel markings, waterways and maintenance of the coastal systems. This group will not have responsibility for the sea turtle program. Chairman Pennington added that going back to October 2004 there has been a concern that no one in the County had overall responsibility for the Coastal area. He discussed some of the history of the CAC's efforts to correct this situation, and expressed pleasure with the reorganization. He also noted that some of the responsibilities of the new Coastal Zone Management Section are beyond the area of responsibility of the CAC, and asked if County Management felt that the scope of responsibilities of the CAC should be comparable to those being assigned to the Coastal Zone Management Section. He asked Mr. McAlpin to confer with the County Manager in that regard and, if CAC responsibilities are to be changed, he stated that the Ordinance that established the CAC should be amended to formalize that. Mr. McAlpin will bring the results of that discussion back to the next Coastal Advisory Committee meeting. XI. Committee Member Discussion Mr. Camiener commented that six months after Hurricane Wilma there were a lot of complaints about marine markers not being replaced and, with new sand bars, markers not being replaced properly. He asked if all marine markers are now back where they should be. Chairman Pennington stated that all markers have been replaced in Doctors Pass. Mr. McAlpin added that markers in other areas have been addressed by Doug Suiter. He asked Capt. John Findley to talk about Wiggins Pass. Capt. John Findley, Estuary Conservation Association, stated that all markers were replaced in Wiggins Pass. He added he has spoken with Doug Suiter who stated Wiggins Pass is now so shallow going across that there are no safe places to place markers. With the dredging project there should be temporary markers until completion of the project. At a recent Fish & Wildlife meeting in November, all County facilities throughout Florida were encouraged to use gated markers (marking both sides) throughout inlets. Wiggins Pass needs more markers and more gates, especially inside the Pass. Ms. Kulpa and Chairman Pennington would like to be notified of any meetings concerning Wiggins Pass dredging as they would like to attend. Mr. McAlpin stated that there will be weekly meetings and the entire community will be notified. XII. Next Meeting Date/Location 1. January 11, 2007 - 1 :00 PM - Government Center, Administration 7 December 14, 2006 Bldg. F, 3rd Floor There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 2:21 PM. COLLIER COUNTY COASTAL ADVISORY COUNCIL Chairman Ron Pennington 8