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CAC Minutes 03/13/2008 R March 13,2008 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, March 13,2008 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 P.M. in REGULAR SESSION at Administrative Building "F", 3rd Floor, Collier County Government Complex Naples, Florida with the following members present: CHAIRMAN: John Sorey, III VICE CHAIRMAN: Paul Sullivan Murray Hendel Heidi Kulpa Anthony Pires Jim Burke David Buser E. Glenn Tucker (excused) Victor Rios ALSO PRESENT: Gary McAlpin, Coastal Zone Management Director Colleen Greene, Assistant County Attorney Gail Hambright, Tourist Tax Collector Dr. Michael Bauer, City of Naples March 13, 2008 I. Call to Order Chairman Sorey called the meeting to order at 1 :00 PM. II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call Roll Call was taken with a quorum established. IV. Changes and Approval of Agenda Gary McAlpin, Coastal Zone Management Director noted the following changes: VII. Staff Reports 3. Project Cost Report - replacement of page #2 6. Parking Analysis Request by Mr. Pires ~ replacement of page #6 7. Addition of Item #7 - 195 and 183 Reimbursement from Unspent Marketing Budget 8. Addition of Item #8 - Broward County Federal Sand Search 9. Addition of Item #9 ~ Wiggins Pass Discussion Group VIII. Old Business - Removal of item regarding Hideaway Beach T-Groin 2. Addition of City of Naples Grant Application Mr. Hendel moved to approve the agenda subject changes noted. Second by Mr. Sullivan. Carried unanimously 8-0. V. Public Comments None VI. Approval ofCAC Minutes 1. December 13, 2007 Mr. Burke moved to approve the minutes of the December 13, 2007 minutes. Second by Mr. Hendel. Carried unanimously 8-0. 2. February 14, 2008 Mr. Pires moved to approve the minutes subject to the following correction: Page 3, paragraph 6 ~ Colleen Greene, Assistant County Attorney, statement also provided indication that there was "no liability for the Coastal Advisory Committee with regard to the Clam Bay Pass permit. " Dr. Buser stated that not all of his comments was contained in the body of the minutes and objected to the format of the minutes. Second by Mr. Hendel. Motion carried 7-1. Dr. Buser voted no. 2 March 13, 2008 VII. Staff Reports 1. Minute Requirement Review Gary McAlpin, Coastal Zone Management Director, clarified the format ofthe minutes provided to the Committee noting that the Board has voted for recap format minutes and requested direction if this should be continued or changed to a "verbatim minutes" format. It was noted most Committees utilize recap minutes although some do utilize verbatim minutes. Another option is allowing a member to state "for the record" and from that point on the comments will be transcribed verbatim or transcribing a particular agenda item verbatim. The Committee determined that the minutes will be summary minutes with the ability to state "for (or on) the record" and from that point, the comments will be verbatim. 2. Revenue Report - Gary McAlpin The "Tourist Tax Revenue Report - FY 2007-2008" was presented to the Committee. 3. Project Cost Report - Gary McAlpin The "FY 2007/2008 TDC Category "A" Beach Maintenance Projects" report was presented to the Committee. 4. FY -08/09 Grant Projection Gary McAlpin presented the Executive Summary "Expected Major Projects for FY - 08/09 - Preliminary" to the Committee for review. The objective is to "Provide information for projected projects for FY-08/09." Chairman Sorey requested Gary work with the various entities involved to develop a priority list for the next meeting. Mr. Hendel requested clarification on the utilization of the City of Naples Beach Cleaning Funds. Gary McAlpin noted the City policy is to allow material to remain on the rack line for 48 hours before removing it, however in general the cleaning policy is left to the discretion of the manager of that particular beach. He could not comment on how the City specifically utilizes these funds which are provided by the Collier County Tourist Development Council on a yearly basis. 5. Prioritization of Grants Gary McAlpin presented the Executive Summary "Expected Major Projects Summarized by Funding Priority - Preliminary." Members may provide input on the prioritization via an email to Gary. It was noted that if Committee members send Gary an emai1, do not copy other Committee members, as this is a violation of the Sunshine Law. 3 March 13,2008 It was noted as has been done previously, the one page evaluation of the approval guidelines and the two page TDC Category A Funding Policy be included in next months package. 6. Parking Analysis Request by Mr. Pires Gary McAlpin provided a document entitled "Parking Study for the North Gulf Shore Blvd Parking Areas" (CAC March 13, 2008 Staff Report) to the Committee. 7. 195 and 183 Reimbursement from Unspent Marketing Budget - Information Only Gary McAlpin provided an email sent to him from Mark Isackson dated March II, 2008 to him which answers questions posed by the CAC at the last meeting on the above referenced funds. 8. Broward County Federal Water Sand Search Gary McAlpin provided an email sent to him from Leo Ochs. He noted that Broward County has initiated a search for sand to be utilized in beach re- nourishment. Dade County and Broward County are essentially "out of sand" and are looking for other sources, such as those in Federal Waters. Collier County's source of sand is primarily a sand source near Sanibellsland (Tom's Hills T-1 site) which has been permitted at the expense of Collier County. Currently, only Lee and Collier Counties are allowed to remove sand from this site. Gary is preparing a resolution for the BCC that will be forwarded to the State of Florida. He will be including a statement that requests that only Collier and Lee County be allowed to remove sand from this site. He would like the Coastal Advisory Committee to endorse this statement. Mr. Burke moved to endorse the statement for the resolution that only Collier County and Lee County be permitted to utilize this sand source. Second by Mr. Rios. Carried unanimously 8-0. 9. Wiggins Pass Modeling Discussion Group Gary McAlpin noted that he has been notified that the Wiggins Pass Modeling Discussion Group may not be a Subcommittee of the Coastal Advisory Committee unless it is comprised solely of CAC members. It will be named the "Wiggins Pass Work Group" and comprised of the 10 members previously approved and will take formal voting actions and report back to the CAC and Board of County Commissioners. The meetings will be noticed with minutes taken, approved and posted on the County website. It was recommended that on each subsequent CAC agenda, an item should be added for an update on the Work Groups activity. VIII. New Business 1. Small Sand Search Results 4 March 13, 2008 Gary McAlpin presented the Executive Summary "Share with the CAC the results of the recently completed Emergency Sand Search Investigation." The purpose is to summarize the recent sand search activity which identified one area as an "area that is suitable for detailed investigation as an emergency borrow area." This area is identified as the Cape Romano Shoal Sand Source. The Committee noted the importance of communicating this information to the City of Marco Island. 2. Cape Romano Shoal Sand Development Gary McAlpin presented the Executive Summary and recommended approval of funding for the Cape Romano Shoal Sand Source Development by Coastal Planning and Engineering as outlined in the February 29, 2008 proposal titled "Proposal for the Offshore Design Phase Geotechnical and Geophysical Investigation off Cape Romano, Collier County Florida" for time and material not to exceed price of $295, 195 to the Committee. The request is for a more in-depth study regarding the quality and quantity of the source to determine if it is ultimately feasible for use. It was noted that offshore sources are favorable as in the past, on shore sources have faced traffic and infrastructure damage concerns caused by trucks. It was noted that the costs associated with this source are reasonable considering the cost of the development of the T-l source offSanibellsland was approximately $2M. Mr. Sullivan moved to approve the Executive Summary. ("Proposal for the Offshore Design Phase Geotechnical and Geophysical Investigation off Cape Romano, Collier County Florida" for a time and material not to exceed price of$295,195'~ Second by Ms. Kulpa. Carried unanimously 8-0. 3. Monitoring RFQ Gary McAlpin presented the Executive Summary "Share with the CAC the Recently developed RFP for county wide beach, inlet and biological monitoring" for review by the Committee. This is a draft of the RFP (Request for Proposal); the final version will go out on March 14, 2008. 4. Approach and Schedule - Doctors and Wiggins Pass Gary McAlpin presented the Executive Summary "Share with the CAC Monitoring and Dredging approach to the Doctor's Pass during FY-08-09" to the Committee for review. The objective will provide more "economies of scale" in the process. IX. Old Business 1. Clam Bay Permit/Channel Marker Discussion Gary McAlpin presented the Executive Summary "Update the CAC relative to the Clam Bay Permit Channel Marker Discussion" for review by the Committee. The document summarizes "the appropriate way to proceed with 5 March 13,2008 the channel marking as required in the current permit." It was noted the permit is a violation of the requirement marking the Clam Bay Pass Channel with navigation aids. There are existing canoe markers that are permitted, and the County is in the process of determining if the markers can be converted to channel markers and identifying any issues associated with the conversion. Issues that need investigating before placement of the channel markers are dredging locations, estuary flushing, etc. The navigational channel markers will be placed and the County will work with the City of Naples and the Pelican Bay Service Division to accomplish the requirement. It may take approximately 6-12 months or longer to finalize marking the channel. Dr. Buser stated that he has studied this issue extensively, and spent an enormous amount of time on it. Initially they were told all the permits were in compliance and the environment was perfect. After doing the research and getting the permits it was obvious there are a number of violations. The County and the Coast Guard came in and noted all the violations with some corrected. He asked if the County was going to hold the permit. Gary responded the process is in discussion and the Pelican Bay Services Division has agreed to file a request for a I-year extension for the existing permit. There are a number of items that the work group will identify, one being the new 10 year management plan, and how the permit will be administered and work.. The County will be responsible, and the exact specifics of the permit holder will be worked out. Dr. Buser understands if someone were injured the liability rests with the Board of County Commissioners and asked if that was correct. Gary would not comment on liability or safety issues. He stated that the permit is in violation at this time for the placement of the navigational markers. Dr. Buser noted the Pelican Bay Services Division Board, which is a County Board, and made up of property owners of Pelican Bay only, has systematically backed away from any permit requirements dealing with navigation. In their meetings they state "well, that is the bridge, that is the County," "that's the navigation aids, that's the County," He stated that they (Pelican Bay Services Division) are the County and asked if they (Pelican Bay Services Division) are not going to do it, who is? He asked who would be the responsible party? Gary noted that the permit is issued to the Collier County/Pelican Bay Services Division. The County wishes to get the item resolved. He recapped what he said earlier in the meeting that there are a number of items that need to be resolved, and doesn't believe that money should be spent at this time in placing markers that won't necessarily benefit - other than saying the County put the markers in. 6 March 13, 2008 Dr. Buser noted a year ago in a Clam Bay Subcommittee meeting it was stated the "County" is going to mark the channel. They are still waiting for a decision on who that is. He asked what he can tell the Seagate property owners. He gave an example of a bank owned home on Starfish and that a number of homes have been for sale for quite some time and are not selling. He asked what he should tell them and the realtors when they ask about the waterway and if the County is going to take responsibility and come into compliance with a permit they have been in violation of for ten years. Gary stated the County knows it has an obligation to fulfill the terms of the permit and they will work with the Pelican Bay Services Division to fulfill the terms of the permit. Dr. Buser read a letter from Jeff Fridken sent to Chairman of the Coastal Advisory Committee and its members as follows: "I write regarding the ongoing failure oflocal authorities to not properly implement and enforce the navigation channel markers mandated by the State Permit for Clam Pass and Bay. As a resident of Sea gate for over 20 years, I recognized the dangers posed by this failure and the liability exposure to governing authorities for their knowing failure to do what the law requires of them. The channel marking is mandated for the safety of the boating public as well as the protection of the seagrass and marine environment. Knowing failure to implement these safety warnings is inexcusable and prompt action to correct this neglect is required and should be taken at this time. Thank you for your consideration of this public safety concern. I hope your group resolves to take action supporting implementation ofthe State mandated navigation channel markings through Clam Pass and Bay." He noted the letter was sent today. (March 13,2008) Dr. Buser also stated there have been problems on many levels with how the permit is being managed, as the entity that has been given the authority to manage it has decided not to implement certain parts of the permit and put the cost back on Collier County. He noted that the County needs to manage and hold the permit in the future and potentially allocate certain activities of the permits to certain entities that are a taxing board. He noted the members of the Pelican Bay Services Board are making statements that this is a non-navigable waterway and asking the Coastal Advisory Committee if anyone is sure it is considered a navigable waterway by a State Agency. Gary noted this is considered a navigable waterway. Dr. Buser stated he did read from every agencies permit stating that it is considered a navigable waterway. Chairman Sorey stated that this fact has been established. Dr. Buser raised a concern regarding statements made by various members of the Pelican Bay Service District such as in a Board Meeting from July 6, 2005 in which Mr. Burke states, "1 believe that everybody knows that Clam Pass is the only Pass in the County that is not navigable." He noted and had a 7 March 13, 2008 concern if a statement is made to a Board and is considered an authority on that issue the board believes you. He also cited a quote from the Pelican Bay Post in November of2006 by John Domenie who is the Chairman ofthe Clam Bay Subcommittee (noting the County has basically allowed them to manage the permit) stating "as far as navigability of the Clam Bay Estuary concern, the 10 year plan makes no reference to this requirement or the need." He stated that he has reviewed the 10-year plan numerous times and it contains statements about navigation, and numerous requirements regarding signage for navigation. He noted concern regarding the inaccurate information provided to the residents of Pelican Bay via their newspaper, which only residents are allowed to place comments or articles in. Chairman Sorey acknowledged Dr. Buser's point and requested he move on. He noted that Mr. Burke was not a member of the CAC in July of2005 and stated Mr. Burke has been outstanding in his effort to bring common sense and keeping with the permit within the work group and thanked him publicly. Mr. Burke stated these items will be discussed as well as development of the submittal 10 year management plan and permit application at that the Clam Bay Discussion Group's meeting at 9:00 AM on March 20, 2008. Gary stated there has been some confusion with the public on the navigability of the Pass. From a permitting official, Coast Guard, DEP and the Army Corp of Engineers this is a navigable waterway, whether boats can navigate it is an entirely different issue. This is the crux of the misunderstanding. Mr. Pires noted that this is a navigable body of water by the legal definition with the State of Florida and other jurisdictions and should be considered as such in the discussions. Dr. Buser provided a photograph of the drawbridge located in the Clam Bay Pass channel. It is a drawbridge for unobstructed sailboat access across outer Clam Bay that was required by the Corp of Engineers when it was built. There are wires that are a permit violation as they hang down below the draw span. He asked if someone was concerned about these types of issues and wanted to approach someone about the blocking of the bridge (which was not in the original permit or design), who would they approach? Gary noted this is the Clam Pass Shuttle Bridge and these were violations that were brought to his attention a year ago. There are no issues relative to this bridge or permit condition violations that he knows of at this time. Ifthere are any problems with the operation or permit condition issues with the bridge, anyone can contact him and he will get it resolved. It is a Parks and Recreation Bridge maintained and operated by Parks and Recreation/Coastal Zone Management and he (Gary McAlpin) should be approached regarding the issue. Dr. Buser asked Gary McAlpin if a County Board member was writing in a Citizen Newspaper and was making incorrect statements who would you approach for a retraction? 8 March 13, 2008 Gary recommended that if there are incorrect statements being made by a County Board member, a County Attorney should be approached. The Attorney for the Pelican Bay Services Board is Heidi Ashton or Colleen Greene; Assistant County Attorney. Dr. Buser noted that Gary McAlpin stated the channel markers would be placed with an anticipated time frame of 6 months. Gary stated that they will come in compliance with the permit, they will put the channel markers in for navigation and ensure any markers put in are correct and accurate and give them the best value they can. There is a period of time required for homework and investigation which may take 6-12 months and if there are any issues relative to the operation ofthe existing bridge, its permit compliance, to please notify him. If Dr. Buser has questions about statements made at a County Board meeting or by a County Board member, to approach the County Attorney's Office. Chairman Sorey noted there are outstanding issues that are being researched by the County Attorney such as the "reverter" clause for WCI and requested Dr. Buser to possibly attend the work group meetings regarding the Clam Bay Permit. Chairman Sorey stated Dr. Buser has a Commitment from him that the channel marking will be completed, and the issue of channel markings be placed on the agenda for updates. Mr. Rios noted that life safety should not be linked to "best value and tradeoff approaches. " Gary noted if the County thought there was any navigation hazards that were associated with the Pass, the County would move immediately. The reality is there is no boat navigation (traffic) in the pass. He stated there hasn't been boat traffic in that Pass for a considerable amount of time. The traffic in the Pass is canoes and kayaks. The water depths in certain areas ofthe pass are impassible because of shoals. The County has an obligation to mark the channel for navigation, and will do that. What they want to do is look at it relative to tidal flushing and if there are things that need to be done in tidal flushing and dredging, they don't want to spend the money now and have to remove what they have done within a 6 month period. In closing he stated that "there is absolutely in our opinion, no boat traffic in this Pass, he knows Dr. Buser will disagree with this comment; he would like to just say there is minimal boat traffic in this Pass. " Mr. Rios questioned the possible liability for the County or other entity when a boater assumes this is a navigable pass and attempts to navigate the Pass in absence of the required markers. The way the Pass is now, not just canoes and kayakers attempt to navigate the Pass, but boaters as well. Gary stated he doesn't believe there are any markers in the Gulf that would direct boat traffic into the Pass at this point. He can research it if necessary. 9 March 13,2008 Dr. Buser stated he witnesses boating in the Pass every weekend and knows people personally who boat out of the Pass. Chairman Sorey agreed with Dr. Buser but noted that Gary McAlpin corrected his statement noting that there is minimal boat traffic in the Pass. He further noted that everyone should agree that there is boat traffic in the Estuary. Mr. Pires stated that it is difficult to comprehend how this item (channel marking) got to this stage. He noted that approximately 10 years ago the applicants negotiated the permit for Clam Bay Estuary. As part of the permitting process, conditions of the permit contained general conditions and special conditions, which included marking of the channel. He noted that after a 10-year period of time the markers have not been installed and everyone is in agreement the permit is not being complied with. He would like to know the rationale for not complying with the permit over a 10 year span of a multi million dollar project, as this requirement is a relatively inexpensive and simple process. He also noted concern in the concept for studying the placement of the markers for an additional 6-12 months and failure to come into compliance with existing permits may affect permit conditions or issuance of a new permit by any governing agency. Chairman Sorey noted there has been a lot of discussion in this Committee (CAe) and the work group regarding the issue of this channel marking. The question is; with the current conditions, do you spend the money for the channel marking knowing it may have to be modified? Mr. Pires noted that this marking should have been completed a long time ago. Mr. Hendel moved that the County do what has to be done as soon as possible and not in 6-12 months. (In marking of the channel) Chairman Sorey noted that a time certain was a good idea and asked Gary McAlpin if the Committee has the authority to request this action or if the Board of County Commissioners would make the decision. Gary McAlpin noted the County Commission would make that decision. Chairman Sorey noted that the motion should direct the Board of County Commissioners with a time certain to take action on the issue. Dr. Buser noted that he was told this a year ago when brought to the attention ofthe Naples City Council. He wrote a paper on the topic which was circulated throughout the County a year ago immediately after it was given to the City Council and for it to take another 6 months shows him nothing has been done. 10 March 13, 2008 With lack of second the motion was not considered. Dr. Buser stated consideration should be given to a motion that will bring it to the attention of the Board of County Commissioners that there are liability issues with regards to the failure of the managing group of the permit to post the required navigation aids. Mr. Pires moved to recommend to the Board of County Commissioners to expeditiously come into full compliance with all the terms of the existing permit conditions involving the Clam Bay permit. Second by Mr. Hendel Speakers Doug Finlay, resident, City of Naples, noted he spends a lot of time in Clam Bay, mainly kayaking but also boating and is glad Gary McAlpin corrected his statement. He has gone north and south, it becomes tricky below the bridge and sees a boat coming in and out of the Pass. The boats are usually a small center console boat with a tilt motor, but the Pass is used. The City of Naples residents had a right to access the Gulf through the Pass previous to the Pelican Bay Development and this right should be maintained and he is surprised that the markers are not in place and feels a lot of it has to do with the Pelican Bay Service Division who manages the permit and there the issues are different from the City of Naples and the Seagate residents. Gary McAlpin requested a time limit to be an "expeditiously as possible" requirement in the motion. It will take at least 120 days to obtain the permits. Mr. Pires noted the format of the motion is just a recommendation to the Board of County Commissioners. Mr. Sorey noted that the time limit should be 6 months or less, but as soon as possible and directed Gary McAlpin to forward the results of the motion to the Board of County Commissioners. Motion carried unanimously 8-0. 2. City of Naples Grant Application Gary McAlpin noted that the Grant application will be summarized for the next meeting. X. Public Comments None XI. Announcements Ms. Kulpa thanked Gary McAlpin for his fine work in setting up the Wiggins Pass Work Group. Mr. Hendel requested an update on the Vanderbilt Pier. 11 March 13, 2008 Gary McAlpin noted that there is a series of public discussions and workshops for the Pier and will take all comments and suggestions back to the Board of County Commissioners for their direction in continuing the study and the phase approach, etc. At that time a detailed analysis of the project will be prepared and submitted for information to CAC, (Coastal Advisory Committee) P ARAB (Parks and Recreation Advisory Board and TDC (Tourism Development Council) for comments which will ultimately be forwarded to the BCC. Dr. Buser stated that his comments were not a direct attack on Gary McAlpin, he has been a fantastic liaison between all parties and he greatly appreciates it. XII. Committee Member Discussion None XIII. Next Meeting Date April 10, 2008 - Government Center, Administration 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 2:55 P.M. Collier County Coastal Advisory Committee John Sorey, III, Chairman These minutes approved by the Board/Committee on as presented or as amended 12