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CAC Minutes 10/11/2007 R October 11, 2007 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, October 11, 2007 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 I :00 PM in REGULAR SESSION at Administrative Building "F", 3rd Floor, Collier County Government Center, Naples, Florida, with the following members present: Chairman: Vice Chairman: John Sorey, III Paul W. Sullivan (Excused) Murray H. Hendel Heidi Kulpa Ronald Minarcini (Excused) Anthony Pires Jim Burke David Buser E. Glenn Tucker ALSO PRESENT: Gary McAlpin, Coastal Zone Management Director Gail Hambright, Tourist Tax Coordinator Heidi Ashton-Cicko, Assistant County Attorney 1 Collier County: October 11,2007 Page 1 of2 October 11, 2007 MEETING AGENDA &. NOTICE MEETING AGENDA &. NOTICE COASTAL ADVISORY COMMITTEE (CAe) THURSDAY, OCTOBER 11, 2007 - 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. Pledge of Allegiance III. Roll Call IV. Changes and Approval of Agenda V. Public Comments VI. Approval of CAe Minutes 1. SeDtember.l3z.2.0..0Z VII. Staff Reports 1. ReYenl-!~_J~_eDort - Garv McAJpjn 2. Proiect StiJ1.I!s.J~.ep_QIi.::-~McAJRiJ'_ 3. 195 BudDet Review/Up-datg 4. CQuntY- Attornev's--.OpJniQ" ,.on CAe Involve.me.rtt .ReJiltiY~Lto Clam Bav Permit 5. Beach Aerial Photographic Records VIII. New Business 1. Modeling RejJ...9tl: Jtii.ggjn~UL.:-.Ken,."-umison 2. Modeling of Alternatives for Wiggins Pass 3. Public Records Request by CAC Board Members IX. Old Business 1. UDdate Veaetati9J.LR.emo.val at Marco - VerbiJI! Qjs-'IJ-.S..s.iQ.o 2. Clam Pass Permit Discussion - Update X. Public Comments XI. Announcements XII. Committee Member Discussion XIII. Next Meeting Date/ Location November 8, 2007 - Government Center, Administration Bldg. F, 3rd Floor XIV. 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 jf 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, http://www.colliergov.net/index.aspx?page=2218 10/5/2007 Collier County: October 11, 2007 Page 2 of2 (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/index.aspx?page=2218 10/5/2007 October 11, 2007 I. Call to Order The meeting was called to order by Chairman Sorey at 1 :03 PM. II. Pledge of Allegiance Was recited III. Roll Call Roll Call was taken and a quorum established. IV. Changes and Approval of Agenda Add Under "New Business" Item 2-a Q&A to Wiggins Pass Modeling Study Item 4 Wiggins Pass Change Order 1 Mr. Tucker moved to approve the Agenda as amended. Seconded by Mr. Pires. Motion carried unanimously 7-0. V. Public Comments None at this time. VI. Approval of CAC Minutes 1. September 13, 2007 Page 2 IV. Should read No.5 "Modeling" Report "recommended that it be" carried over. Page 6 XIII. The next scheduled meeting of the Coastal Advisory Committee "will be" October 11, 2007. Page 4 paragraph 4 line 13 "Pire" correct spelling should be "Pires". Mr. Pires moved to approve the minutes of September 13, 2007 as amended. Seconded by Mr. Tucker. Motion carried unanimously 7-0. VII. Staff Reports 1. Revenue Report - Gary McAlpin Mr. McAlpin presented the Revenue Report for close of the Fiscal Year as of September 30, 2007. (See attached) . TOC revenue $622,286 for September 07 was less than projected . Year-to-date Total $14,228,682 . Year-to-date Tourist Tax collected was $628,682 over projection 2. Project Status Report - Gary McAlpin Mr. McAlpin presented the TOC Category "A" Beach Maintenance Projects report. (See attached) . Over $1,000,000 for Monitoring requirements /Tom the State 3. 195 Budget Review Update. (See attached) . Projected Carry Forward $10,850,600 . 2007/2008 Total Budgeted $16,906,300 . Approved Regulatory Projects $961,100 2 October 11, 2007 4. County Attorney's Opinion on CAC Involvement Relative to Clam Bay Permit Heidi Ashton-Cicko, Assistant County Attorney, stated after reviewing the Ordinance it was clear the purpose of the Coastal Advisory Committee was to make recommendations to the Tourist Development Council and the BCC. Stated if Tourist Development Tax Funds were used for Beach or Inlet matters it was required to be brought before the Coastal Advisory Committee. If Tourist Development Tax Funds were not used for beach or inlet projects it would be appropriate but not required to be brought before the Committee. Mr. Sorey stated the Estuary would not fall under CAC Funds. Noted prior Committee discussions involved the intention of reviewing the Seagrass Study & Permit. Mr. Sorey poled the committee to confirm their interest in reviewing the study and permit based on the attorneys previous statement that it was not required for them to review but would be appropriate. They all agreed. 5. Beach Aerial Photographic Records Mr. McAplin presented Beach Aerial Photos (See attached). VIII. New Business 1. Modeling Report - Wiggins Pass - Ken Humiston Reviewed the August 2007 Presentation. Mr. McAlpin reviewed his written response to the questions from Ms. Kulpa. (See attached). Questions & comments followed: . Ms. Kulpa a. Reference question #1- Recommended not proceeding until the County Attorney's opinion was received pertaining to the Growth Management Plan. Noted Policy 10.5.3 was not addressed. . Mr. Burke a. Reference the Navigational issue - Requested additional information if the same level of access was permitted to larger boats. Suggested a Taxpayer Entitlement for water craft that exceed the natural capabilities. b. Expressed concern that after 23 years of tinkering and $3.500,000 spent the conditions at Wiggins Pass have deteriorated. Mr. McAlpin noted adherence to the Inlet Management Plan approved by the BCe which was designed for a 3 foot draft 3 October 11, 2007 boat and was not planned to dredge deeper to accommodate larger boats. . Mr. Pires a. Suggested examining the LDC language concerning Underdeveloped Coastal Barriers Code #3.03.07. i. Reference Barefoot Beach Preserve erosion. ~ What is the annual erosion rate ~ Out of the 1.6 miles what percentage was under revIew b. Reference the Feasibility Study - Requested the number of sea-turtle nest & active gopher tortoise that have been adversely impacted by the 300 - 400 ft. Inlet erosion of Barefoot Beach before making a recommendation. . Mr. Buser a. Reference Safety - Re-addressed the inaccuracy of accident statistics and use of the report. b. Suggested the monitoring of water exchange before & after intervention at the Vanderbilt lagoon area. 2. Modeling of Alternatives for Wiggins Pass Mr. McAlpin submitted the staffrecommended budget for the next phase of structural alternatives for the amount $125,000. (See attached) Mr. Sorey stated the scope would require review of all alternatives that would be analyzed. Mr. McAlpin responded that the issues would be researched and reported at the next meeting. Public Speakers Dr. Jon Staiger, Estuary Conservation Association, stated the Inlet was navigable before the 1 st dredging. Recommended the continuation of Studying Alternative Solutions in lieu of repetitive pending of money. Peter Frank questioned the use of Jetty's. Reported in the City of Venice Jetty's were built in the 1930s & the beaches required re-nourishment every 10 years. Noted on the North side of Wiggins Pass the beaches were being replenished more frequently. David Roellig, Estuary Board Member, stated Wiggins Pass does not have a structure that was incompatible for boater safe navigation. Recommended moving forward with a temporary structure. 4 October 11, 2007 Jessica Pollock, Conservancy of Southwest Florida, announced Dr. Orin Pilky Professor of Geology at Duke University was invited by ECA to review the Wiggins Pass Study. This would provide an objective contribution. Requested action on the Wiggins Pass Study be deferred until all relevant infonnation was received and could be utilized in the decision making process. Gary Wilson had no further comments or concerns after hearing all the above infonnation. Phillip Smith, Wiggins Pass boat owner, suggested revisiting the use ofrock structured walls. Noted the rock walls currently at Gordon Pass, Doctors Pass, & Venice Inlet are working. Joe Moreland, ECA President, noted that no one was seeking relief for the pass for larger boats. Coast Guard Regulations require the County to dredge & maintain an 8 ft. depth. He also personally invited the Chairman & designee to receive a briefing and participate in a Q&A session with Dr. Pilky. After discussion it was detennined that the briefing with Dr. Pi1ky would be a non-publicized meeting & would not be held as a CAC meeting. Recommendation by Ms Ashton-Cicko - if 2 or more Committee members would be in attendance they should not participate during the Q&A to be in compliance with the Sunshine Law. Donna Reed Caron, Wiggins Bay resident, quoted from a report "The next step in the County's evaluation of ways to improve the management of Wiggins Pass" adding her comment that the study should explore all alternatives. Stated that over the course of the past 23 years dredging has not made any improvement & additional management was needed. Noted the objective was unclear in the report. Concern was expressed that the course of action being taken would be irreversible. Suggested postponement of any decisions until Dr. Pilky had visited. Capt. John Findley, 110 Master Capt., Certified Marine Manager and ECA Board Member reported the southern tip of Barefoot Beach has a 6 foot drop along the beach path. The shoreline trees are sliding into the water and were a navigational hazard. Referenced Policy 10.3.11 "Public safety 5 October 11, 2007 & or Land use related hardship" stating the loss of land would fall under "Land use related hardship". BREAK 3:06 RECONVENED 3:14 Mr. Sorey questioned moving forward with Budget Items. Mr. Tucker moved to approve the staff recommended budget for $125,000 for the next phase of numerical modeling. Secouded by Mr. Buser. Discussions ensued. Motion failed 3-4. Mr. Sorey, Mr. Buser & Mr. Tucker voted "yes" - Ms. Kulpa, Mr. Pires, Mr. Burke & Mr. Hendel voted "no." Mr. Pires moved to table the motion for consideration of the recommended budget of $125,000 for the next phase of Numerical Modeling Structural Alternatives for Wiggins Pass. Mr. Sorey questioned when the tabled item should be revisited. Without a second the motion was not considered. Mr. Pires moved for the motion to be tabled until said time that all the questions that were raised by the Committee were addressed. Seconded by Mr. Buser. Motion carried unanimously 7-0. Mr. Sorey recommended Committee Member attendance for the ECA meeting. The following members will attend Mr. Buser, Ms. Kulpa, and Mr. Burke. 3. Public Records Request by CAC Board Members Mr. Pires stated additional reports were required for the meeting and were of "public record." Mr. Pires questioned the $60 fee that was incurred for the service. Heidi Ashton-Cicko responded that on Oct. 23, 2007 the BCC would be discussing the issue and direction would be given at that time. Mr. Sorey encouraged the Committee Members to express their opinions with the BCC. Expressed any additional information 6 October 11, 2007 required by a Committee Member to make an informed decision should be provided. Mr. McAlpin requested Change Order No.1 to Work Order HM- FT-3902-07-05 to Humiston & Moore in the amount of$5000 for additional Modeling Study data. (See attached) Mr. Hendel moved to reject that based on the previous motion that was turned down. Seconded by Ms. Kulpa. Mr. McAlpin responded there were no Modeling Study funds remaining. Additional Data collection would be required to answer the Committee questions that were raised. Mr. Hendel withdrew the motion. Mr. Pires moved to approve ($5000 to Humiston & Moore for additional Modeling Study data). Seconded by Mr. Tucker. Motion carried unanimously 7-0. IX. Old Business 4. Update Vegetation Removal at Marco - Verbal Discussion Mr. McAlpin reported the completion of the perimeter marking. Debbie Roddy, Friends of Tigertail, thanked the Committee and County for the perimeter markers. 5. Clam Pass Permit Discussion - Update Mr. McAlpin reported the permit was with the County Manger for review. Comments would be available after the Seagrass Study was presented. The Study would be available Wednesday, October 17,2007 and would be presented at a Public meeting held at Rookery Bay. The scheduled meeting information would be posted on the website. David Roellig, questioned the delay of the Seagrass Study results. Mr. McAlpin responded the Permit was submitted to the County Manager 3-4 weeks ago for review. Additionally the Seagrass Study would be incorporated into the Clam Pass Permit. X. Public Comments Heidi Ashton-Cicko reiterated the importance of abstinence of communications between Committee Members. 7 October 11, 2007 XI. Announcements None XII. Committee Member Discussion None There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3:49 PM. COLLIER COUNTY COASTAL ADVISORY COMMITTEE Chairman John Sorey III These Minutes approved by the Board/Committee on as presented or as amended_. 8