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CAC Minutes 06/12/2008 R June] 2, 2008 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, June 12,2008 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: Anthony Pires Murray Hendel Heidi Kulpa Jim Burke Dr. David Buser Ted Forcht Victor Rios ALSO PRESENT: Gary McAlpin, Coastal Zone Management Director Colleen Greene, Assistant County Attorney Gail Hambright, Tourist Tax Coordinator Dr. Michael Bauer, City of Naples Collier County: June ]2,2008 Page] of2 June 12, 2008 MEETING AGENDA & NOTICE MEETING AGENDA & NOTICE COASTAL ADVISORY COMMITTEE (CAC) THURSDAY, JUNE 12, 2008 - 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 CAC Minutes 1. May 8'u21!l:H~ VII. Staff Reports 1. Revenue Report - Gary McAlpil1 2. Project Cost ReR!!'"-t~-Gilr\'~cAlpi!1 VIII. New Business 1. S~mmej"Schedul", 2. Work order P-"!SJ~"f='l1_5_3=IlS=!aC!i1m_!I~~YEstYj!ry ~b!LTIde S_b!!j!LAn"~Ysls 3. Work Order CPE-FT-08-03 Doctors Pass II< Wiggins Pass Maintenance Dredging 4. Work9rd",r CPE-FT-08-04 Wiggins Pass Hydrographic Surveying IX. Old Business 1. Wiggings Pass Modeling Work Group Update-Verbal 2. Clam Bay Navigational Markers-Verbal X. Public Comments XI. Announcements XII. Committee Member Discussion XIII. Next Meeting Date/Location To Be Determined - Government Center, Administration Bldg. F, 3rd Floor XIV. Adjournment http://www.colliergov.net/index.aspx?page=244 7 6/12/2008 June ]2,2008 I. Call to Order Chairman Sorey called the meeting to order at ] :00 p.m. 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 stated that under item VIII.A, a revised summer schedule has been submitted to the Committee. Mr. Hendel moved to approve the agenda as amended. Second by Mr. Rios. Carried unanimously 7-0. V. Public Comments None VI. Approval ofCAC Minutes Ms. Kulpa moved to approve the minutes of the May 8,2008 meeting subject to the following changes: Page 6, paragraph 5, line 4 "that the solution is for the 3' draft..." to "that the solution will be for the 3' draft..." Page 5, paragraph 5, line 7 "affects" to "effects" Second by Mr. Burke. Carried unanimously 7-0. Dr. Buser arrived at 1:07PM VII. Staff Reports 1. Revenue Report - Gary McAlpin The updated Tourist Tax Revenue Report for FY- 2007-2008 was presented. 2. Project Cost Report - Gary McAlpin The updated FY 2007/2008 TDC Category "A" Beach Maintenance Projects was presented. VIII. New Business 1. Summer Schedule Gary McAlpin presented the Executive Summary "Determine summer schedule for CAC meetings" dated June ]2,2008. He noted that the only business upcoming is a contract to perform all required county beach, inlet and biological monitoring. The RFP process has identified 3 consultants qualified to complete the work. He requested the Coastal Advisory Committee (CAC) recommend award of the lump sum consultant based on lowest pricing. 2 June ]2,2008 Mr. Pires noted that the document states "A finding by the County Attorney is not required for this item." however wants to ensure the County Attorney has found the process to award the Contract appropriate. Colleen Green, Assistant County Attorney stated the purchasing policy for the item is in compliance with the CC&A and has been processed through the Purchasing Department. She noted any purchasing issues are reviewed by the County Attorney's Office. Gary McAlpin stated that the main issue for the Executive Summary (ES) is whether or not to hold a CAC meeting in July. Mr. Pires disagreed and noted the ES states under the Section "Recommendation" to "Discuss and make summer schedule recommendation and approve award of a lump sum contract per lowest bid to perfonn all required beach, inlet and biological monitoring per BCC approval on Ju]y 22, 2008." Chairman Sorey noted the Executive Summary has two parts, the meeting date and any business upcoming. He requested a motion for Staff to move the Executive Summary forward and not hold a CAC meeting in Ju]y. Mr. Burke moved to approve Staff moving the Executive Summary ("Determine summer schedule for CA C meetings'~ forward and not hold a July meetillg. Secolld by Mr. Hendel. Motion Carried 7 yes - 1 no. Mr. Pires voted no. 2. Work Order PBSJ-FT-4153-08-01 Clam Bay Estuary Ebb Tide Shoal Analysis Gary McAlpin presented the Executive Summary "Recommend approval of Work Order PBSJ-FT-4] 35-08-0] under Contract 07-4 ]53 with PBS&J for Clam Pass Ebb Tide Shoal Ana]ysis and Dredging Pennit for time and materia] not to exceed $25,060.00 (Project No. ] 95-90060 I)" dated June ]2,2008. He stated there has been disagreement between consultants (Humiston and Moore and Coastal Planning and Engineering) over whether mining the ebb tide shoal will destabilize the north end of Clam Pass. The proposal is for a 3'd party perspective for professional guidance and expert review of documentation for Clam Pass sand bypassing as well as preparation of a pennit application, for dredging and hydraulic flushing and emergency stonn support ofC]am Pass. Speaker Marcia Cravens, Mangrove Action Group noted this is a contentious item. The Pelican Bay Service Division Consultant for Clam Bay is opposed to the proposal as well as David Rollins, retired Anny Corps of Engineers who resides in Pelican Bay. Consultants Humiston & Moore are also opposed to the proposal. Secondly, the Contract is subject to the Loca] Vendor Preference Ordinance and any studies should be completed by local vendors. She noted this type of work 3 June ]2,2008 may lead to the installation of permanent structures as is the case for Wiggins Pass. Gary McAlpin stated that the Local Vendor Preference Ordinance does not apply to Consultants. Further, with the reference of installations of structures at Wiggins Pass, this is not the intent of the County, nor is it proposed at this time. All existing documentation (previous reports by consultants, etc) in relation to this issue (Executive Summary proposed) as well as any new data will be reviewed by the new Consultant. Mr. Pires asked if Staff will give any direction to the new Consultant in regards to the objectives of the study; and if item #2 regarding preparation of a permit application was discussed at a meeting at the Florida Department of Environmenta] Protection Office in Fort Myers on April 30, 2008 regarding Clam Bay Pass. Gary McAlpin stated that as with any study contracted by the County, direction will be given to the new Consultant; in addition the permit was discussed at that meeting. Mr. Rios expressed concern with the wording "allow additional dredging and sand bypassing" in Consideration #] of the Executive Summary and suggested that the analysis should be completed first and determine if dredging is required and a permit needed to be obtained. Chairman Sorey noted the item is for the capability to keep the Pass open upon a storm occurrence. Mr. Burke noted he has been involved with Clam Bay for 8 years through the Pelican Bay Service Division, is on the Clam Bay subcommittee, the Clam Bay Estuary Discussion Group and Chairman of the Clam Bay Sub-committee Group handling this issue. He is in favor of the Consultant moving ahead with the study, and no discussion has included "allowing additional dredging" and is concemed with the wording in the Executive Summary as it is charging the consultant with a way to take out any sand he wants to take out. He suggested revising the wording in Consideration #]. He noted the shoal is currently dredged for hydraulic flushing, not sand optimization. Gary McAlpin re-iterated that the Executive Summary is for collecting and reviewing technical information and recommended that the results of the study be brought back to the CAC for review. Mr. Hendel moved to approve the Executive Summary ("Recommend approval of Work Order PBSJ-FT - 4135-08-01 under Contract 07-4153 with PBS&J for Clam Pass Ebb Tide Shoal Analysis and Dredging Permit for time and material not to exceed $25,060.00 (Project No. 195-900601)" subject to the following change: Consideration #] line 5, from "modifications to allow additional dredging and sand bypassing." to "modifications to consider additional dredging and sand bypassing. " Second by Ms. Kulpa. Motion carried 7-yes -I-no. Mr. Forcht voted no. 4 June ]2,2008 3. Work Order CPE-FT-08-03 Doctors Pass & Wiggins Pass Maintenance Dredging Gary McAlpin presented the Executive Summary "Recommend Approva] of Work Order No. CPE-FT-08-03 with Coastal Planning And Engineering for Doctors Pass and Wiggins Pass Maintenance Dredging Project Construction Plans & Specifications for a Not-To-Exceed, Time and Materia] amount of $99,874 (Project] 95-905221 )." He noted that these projects are combined to reduce the most expensive costs of a dredging project which is the mobilization of the equipment required. This will save the County between $350,000 to 500,000 by completing the work in this manner. Mr. Pires asked if the Contract went through the County's qualification and lump sum Contract procedure or if it was just sent to Coastal Planning and Engineering. Gary McAlpin stated it was just sent out to Coastal Planning and Engineering and there is unified rate schedule for the work as outlined on "Revised Schedule B - Effective May 9,2008, Collier County Fee Schedule." There may have been some minor adjustments to this schedule which he will forward to the Committee. Mr. Hendel moved to approval of the project (Executive Summary "Recommend Approval of Work Order No. CPE-FT-08-03 with Coastal Planning And Engineering for Doctors Pass and Wiggins Pass Maintenance Dredging Project Construction Plans & Specifications for a Not- To-Exceed, Time and Material amount of$99,874 (Project 195-905221))." Second by Mr. Rios. Motion carried 7-yes -I-no. Mr. Pires voted no. 4. Work Order CPE-FT-08-04 Wiggins Pass Hydrographic Surveying Gary McAlpin presented the Executive Summary "Recommend Approva] of Work Order No. CPE-FT -08-04 with Coastal Planning and Engineering for Wiggins Pass Hydrographic Surveying for a Not- To-Exceed Time and Material amount of$27,535.25 (Project] 95-90522])" dated June ]2,2008. Ms. Kulpa moved to approve the Summary ("Recommend Approval of Work Order No. CPE-FT-08-04 with Coastal Planning and Engineering for Wiggins Pass Hydrographic Surveying for a Not- To-Exceed Time and Material amount of$27,535.25 (Project 195-905221))." Second by Mr. Hendel. Carried unanimously 8-0. IX. Old Business 1. Wiggins Pass Modeling Work Group Update Gary McAlpin provided an update noting the following: . The 2nd meeting of the Work Group was last week . The Consultants are utilizing a mode] process of De]ft 3D . The approach for a permanent solution to stabilization of the Pass is a "soft solution" which would not utilize permanent structures 5 June] 2, 2008 . Initial modeling has provided a different finding in that the Pass is more affected by the wave pattern (or flow) from a South to North direction as opposed to a North to South direction. . More strategic placement of the sand from dredging may assist in lengthening the time between dredging cycles . The next meeting will be in 2 months . John Find]ey, Nicole Ryan and Bryan Fluech are in charge of developing a mission statement for the Group . The Group is generally on track to retum with recommendations to the Coastal Advisory Committee within the time projected Dr. Buser noted that these findings demonstrate the importance in the funding of studies to develop new ideas in solving problems. 2. Clam Bay Navigational Markers Gary McAlpin provided an update noting the following: . There are two permits involved in regulating this issue, the Florida Department of Environmental Protection and the United States Army Corps of Engineers (USACE) permit . Both Agencies incorporate the Clam Bay Management Plan as a part of their permits . Lainie Edwards (FDEP) has recognized that the navigational markers are part of their permit, however are not an enforceable item . The USACE has noted that this item is enforceable under their permit . He is in the process of getting an opinion from the Coast Guard regarding this issue . Provision of an aerial view of the proposed location of the markers . Identifying who will bear the cost ofp]acing the markers is being resolved by the County Manager Speakers Marcia Cravens, Mangrove Action Group addressed the Council noting she has had numerous communications from the Agencies involved and submitted a copy ofan email from Joe Embres of the US Coast Guard which indicates they have "no requirement for any entity to install aids to navigation in Clam Bay." Further, the Army Corp of Engineers permit "attachment A" makes no mention of the channel to be marked. She stated the navigation marking is mentioned in the Clam Bay Management Plan and cited page 38-39 of the Management Plan which notes the "channel is to be marked in accordance with the requirements imposed by the United States Coast Guard to ensure that those who use the system clearly know where the channel is ...." She noted the area is a natural healthy system and its character should not to be modified. Mr. Pires asked if navigation markers were discussed at the Apri] 30, FDEP meeting. 6 June ]2,2008 Gary McAlpin stated that the navigational markers were not discussed at this meeting, other than that the County's position is that the channel is required to be marked. Dr. Buser stated the USACE came forward clarifying that the Clam Bay Management Plan is part of their permit and is the intent to mark the channel with navigational aids. The Management Plan had input from a variety of sources when it was developed 9 years ago including the City of Naples and the Seagate Community and the ability to navigate the channel (and marked accordingly) was always the intent of the document and accepted by the USACE. The Plan states "it will be marked." He has reviewed numerous documents regarding Clam Bay including studies, permits, technical data, etc. and met with numerous Agencies and individuals and disputes the statement that the system is healthy and the numbers (data) indicate it... Further, the City of Nap]es has passed an Ordinance regarding Outer Clam Bay issues. He stated the channel is a navigable waterway and should be marked so everyone involved in this issue can move forward and work on improving the health of the system. Mr. Burke requested clarification on the different Agencies status in the requirement of channel marking to close out the permits. Gary McAlpin noted the following: FDEP - requirement of the Pass to be marked with the 5 informational markers, this item is being resolved USACE - requirement of the channel be marked for navigation, with the number, amount and location to be determined by local knowledge US Fish and Wildlife - issuance of a decree to place the markers US Coast Guard - he is in the process of obtaining any necessary opinions from them. Mr. Pires noted the agenda for the PBSD for a May 2],2008 included minutes from the Apri] 30, FDEP meeting prepared by Gary McA]pin that indicated one of the items discussed were the number of channel markers to be placed. Gary McAlpin noted there was no "discussion" regarding the markers, he made a statement to correct a mis-statement made regarding the requirement of channel marking. X. Public Comments Marcia Cravens, Mangrove Action Group addressed the Committee stating she was present at the previous meeting of the Coastal Advisory Committee (May 8, 2008) when Mr. Pires moved to expeditiously take steps to do whatever was needed to be done in marking the Pass and bring the permits into compliance. She has obtained a copy of the minutes with which omit the discussion and motion. Further, she has obtained a copy of the DVD of the meeting and this item has been omitted from the DVD. She expressed concem that it is not in the minutes or on the DVD. Further, she is in the opinion that Consultants are exempted from the Local Vendor Preference Ordinance and is concerned that PBS&J was awarded a Contract which 7 June ]2,2008 constitutes a conflict of interest because of their input at the Clam Bay Pass Discussion Group. In addition, she attended the April 30, 2008 meeting at the F]orida Department of Environmental Protection office in Fort Myers and the navigation markers were an item of discussion and not simply one statement by Gary McA]pin. Also, NOAA charts show Clam Pass as "non-navigab]e". Mr. Pires stated he reviewed the minutes and DVD of the May meeting and noted that the motion and action was taken at the March meeting regarding Clam Bay Pass permit (not the May meeting). XI. Announcements Eddie Chesser could not be present for his recognition of employee of the month. XII. Committee Member Discussion Mr. Pires asked if a notice was given for the Apri] 30th, 2008 meeting at the Fort Myers Office (Florida Department of Environmenta] Protection) in recognition that 2 or more members of the Coastal Advisory Committee were present. Gary McAlpin stated the meeting was not noticed, however it was clearly stated at the beginning of the meeting that 2 members of the Coastal Advisory Committee were present and that no Coastal Advisory Committee business was discussed at the meeting. Mr. Pires noted that the emergency dredging of Clam Pass was discussed at the meeting. Gary McAlpin stated that all that was mentioned was that if the Pass was to be dredged it would require the issuance of a Permit. Mr. Pires noted that the minutes (prepared by Gary McAlpin) from the F]orida Department of Environmental Protection (FDEP) meeting indicates items were "discussed. " Gary McAlpin noted the word "discussed," indicates a statement made regarding the Issue. Mr. Pires asked why there was no notice for Public Hearing given for this meeting, and noted that Clam Bay Estuary Discussion Group meetings have been "publicly noticed" and provide the same topics for discussion Gary McAlpin stated the purpose of the meeting with FDEP was to gather information on how to proceed with the Clam Bay permit. There were a number of people who wanted to attend the meeting. He had no control over who attended the meeting as it was a public meeting and anyone was free to attend. No "Coastal Advisory Committee business" was discussed at this meeting. Mr. Pires outlined Section II. D of Ordinance 200]-3, which incorporates the Roles, Powers and Functions of the Coastal Advisory Committee and includes items in the scope of the Committee that were discussed at the meeting. Gary McAlpin recommended that the County Attomey provide direction on this issue, if the Committee desires. He re-iterated that no "Coasta] Advisory Committee business" was discussed at the meeting. Dr. Buser noted he attended the meeting and there was no discussion of "Coasta] Advisory Committee business" at the meeting. 8 June ]2,2008 Mr. Hendel noted that the Staff presence for collecting entrance fees for Clam Pass Park has been inconsistent. ]n addition, he requested clarification on whether Consultants are exempted from the Local Vendor Preference Ordinance. Colleen Greene, Assistant County Attorney stated that Consultants are exempted from the Loca] Vendor Preference Ordinance. XIII. Next Meeting Date To be Determined - Government Center, Administration Bldg. F, 3'd Floor The next meeting will be held on August ]4,2008. There being no further business for the good of the County, the meeting was adjourned by order of the chair at 2:32 P.M. Collier County Coastal Advisory Committee John Sorey, III, Chairman These minutes approved by the Board/Committee on as presented or as amended 9 "Embres. Joseph" <Joseph.B.Embres@uscg.mil> RE: Clam Pass, pIes worth a thousand words June 3. 2008 1 :35:33 PM EDT mrlc@mac.com This email is to advise you that the US Coast Guard has no requirement for any entity to install aids to Navigation in Clam Bay. -----Original Message----- From: mrlc@mac.com [mailto:mrlc@mac.com] Sent: Friday, May 23, 2008 4:55 PM To: Embres, Joseph; The following Clam Pass images were taken today 5/23/2008. These images clearly depict people other than motorboaters enjoying the recreational aspects of Clam Pass. These activities, historically and currently enjoyed by many people are often the very reason they come to the beach. Please consider strongly this valuable part of their beachgoing experience.