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CAC Minutes 08/14/2008 R August 14,2008 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, August 14,2008 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 1:00 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 Anthony Pires Murray Hendel Heidi Kulpa Jim Burke David Buser (Absent) Ted Forcht (Excused) Victor Rios ALSO PRESENT: Jeffrey Klatzkow, County Attorney Gary McAlpin, Coastal Zone Management Director Gail Hambright, Tourist Tax Collector Katie Laakkonen, City of Naples 1 Collier County: August 14,2008 Page 1 of2 August 14,2008 MEETING AGENDA & NOTICE MEETING AGENDA Ik NOTICE COASTAL ADVISORY COMMITTEE (CAC) THURSDAY, AUGUST 14, 2008 - 1:00 P.M. 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 CaU IV. Changes and Approval of Agenda V. Public Comments 1. Eddie Chesser - Employee for the month of May 2008 VI. Approval of CAe Minutes 1. Jun~L;L-.1. 2008 VII. Staff Reports 1. Revenue ReDort - Garv M~ 2. Proiect C,ost ReDort_":,,, Garv McAlg:irL VIII. New Business 1. WO CPE-FT-1.902-0S-0S P"!:ly:sical MonjtorinG and_Si~S~-.e....ryI~.e. 2. WO CPE-~-2902p08~O!:i.Nearshore..Mitiaation Reef~Q.rln.g a.2;~07 Collier County Nears.hO.re Mitiaat.iO.D._(Artificial.LR~tllrj!:_$. 3. WO CP'.~-FT~3902-0!J..:_QL~Js:.il1 MonitorinfiJ 4. WOHM-FT-3902.-_08-01 Mar~Q,lsland/Caxam..bas PassQ:e~f1jtQfJng 5. NotificatiQJ1..bv FDEPM.pe.rmit Reaue.5.lJly_H.M.R~senting~maxiQ_ use .Gordon Riv:ece..dae Sand .1o,,,proDosed T_~G.rQins on rtQ.rth..K.eyw~Y.din_ a. NotifJti!tion bvS:D~e.J:lnd Backy'p_Material 6. Clam Bav Advisol::Y Board DisCY:iiillm 7. DWSP El1trance Road".ilIH:t_e~rkinaJ;i!I.raae Dis'-Y5.5!2n IX. Old Business 1. Wiaaina:iPass Model!J!g Work Gro.YD UDdate~Ve,Lbal X. Public Comments XI. Announcements l.EJ.orida Sun$.hIoe Law trairlJo.9. course fOLSJ:aff-=--Liais.Q,njLand Ady,i.$..Qr:v. CommJttee/Board mem.bers XII. Committee Member Discussion XIII. Next Meeting Date/Location September 11, 2008 - 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 if applicable. http://www.colliergov.net/index . aspx ?page= 2481 811112008 August 14,2008 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 Mr. Rios moved to approve the agenda. Second by Mr. Pires. Carried unanimously 6-0. V. Public Comments 1. Eddie Chesser - Employee of the month May 2008. Chairman Sorey moved for the Committee to endorse a Certificate of Appreciation for Eddie Chesser, employee of the month for May 2008. Second by Mr. Rios. Carried unanimously 6-0. Chairman Sorey presented the Certificate to Eddie Chesser thanking him for his service noting he is the only Collier County employee to receive the award twice. Eddie Chesser addressed the Committee thanking them for the recognition and noted he takes great pride in his job and enjoys working for Collier County. VI. Approval of CAC Minutes Mr. Rios moved to approve the minutes June 12, 2008 meeting subject to the following corrections: Page 3 line #5 - from "with the CC&A ..." to "with the CCNA ..." Page 3, paragraph 6, line 3 - correct spelling from David Rollins to David Roellig, retired Army Corps of Engineers. .." Second by Mr. Hendel. Carried unanimously 6-0. 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. WO CPE-FT-2902-08-05 Physical Monitoring and Side Scan Survey Service Gary McAlpin presented the Executive Summary "Recommend approval of Work Order CPE-FT-3902-08-05 under Contract 06-3902 with Coastal Planning and Engineeringfor time and material not to exceed $112,013 (Project 195- 905363)" dated August 14,2008. 2 August 14,2008 The work order is for the annual physical monitoring of beaches from marker R-1 thru R-89 excluding R-1O - R-21 and a side scan survey from markers R-17 - R- 68. The work to be performed is only data collection at this time. Mr. Hendel moved to approve the Executive Summary ("Recommend approval of Work Order CPE-FT-3902-08-05 under Contract 06-3902 with Coastal Planning and Engineering for time and material not to exceed $112,013 (Project 195-905363). '') Second by Mr. Rios. Mr. Pires asked about the RFP process short-listing 3 of the Consultants. Gary McAlpin responded the proposal was canceled after objection from one of the Consultants and Staff and Purchasing had withdrawn it. Mr. Pires submitted a copy of Executive Summary "Recommendation to reject RFP #09-5068: "Physical and Biological Monitoringfor Collier County Coastal Zone Management Projects for Coastal Zone Management" dated July 22, 2008 noting that it states "During the course of contract negotiations, it became evident that a clear understanding of the distribution of projects as well as the method for determining allocation ofresources to the various projects was needed." Gary McAlpin stated if that was what was presented to the BCC, it is correct. He requested clarification ifit was Mr. Pires's position that this item was not accurately represented by Staff. Mr. Pires noted that Gary McAlpin stated the proposal was withdrawn because of an objection by one of the parties; however that is not what is reflected in the above referenced Executive Summary dated July 22, 2008. Carried unanimously 6-0. 2. WO CPE-FT-2902-08-06 Nearshore Mitigation Reef Monitoring a. 2007 Collier County Nearshore Mitigation (Artificial) Reef Pictures Gary McAlpin presented the Executive Summary "Work Order CPE-FT-08- 06 under Contract 06-3902 with Coastal Planning and Engineering for time and Material not to exceed $23,613.75 (Project 195-00331)" dated August 14,2008. He stated it is for data collection associated with the artificial reef in relation to monitoring which is required on an annual basis and is located off of 5th Street North. Mr. Pires asked if the scope of work was to be completed under an RFP or Work Order in which Gary McAlpin answered "via a Work Order." Ms. Kulpa moved to approve the Executive Summary ( "Work Order CPE- FT-08-06 under Contract 06-3902 with Coastal Planning and Engineering for time and Material not to exceed $23,613. 75 (Project 195-00331))" Second by Mr. Burke. Carried unanimously 6-0. 3 August 14,2008 3. WO CPE - FT - 3902 -08-07 Biological Monitoring Gary McAlpin presented the Executive Summary "Work order (C)PE-FT-3902- 08-07 under Contract 06-3902 with Coastal Planning and Engineering in the amount of$179,584 (Project 195-900331)" dated August 14,2008. He noted it is for data collection for biological monitoring of the reeflocated off Vanderbilt Park Shore in Naples. He noted next year (year 3) the monitoring will not be required and will be resumed for years 4 and 5. Mr. Rios moved to approve Executive Summary ("Work order (C)PE-FT-3902- 08-07 under Contract 06-3902 with Coastal Planning and Engineering in the amount of $179,584 (Project 195-900331))." Second by Ms. Kulpa. Carried unanimously 6-0. 4. WO HM - Ff - 3902-08-01 Marco Is1andlCaxambas Pass Beach Monitoring Gary McAlpin presented the Executive Summary "Recommend approval of Work Order HM-FT-3902-08-01 under Contract 06-3902 with Humiston & Moore Engineersfor time and material not to exceed $28,340 (Project 195- 905421)" dated August 14,2008. He noted it is a Work Order under the existing contract. Mr. Hendel moved to approve the Executive Summary ("Recommend approval of Work Order HM-FT-3902-08-01 under Contract 06-3902 with Humiston & Moore Engineers/or time and material not to exceed $28,340 (Project 195- 905421))." Second by Mr. Burke. Carried unanimously 6-0. 5. Notification by FDEP of Permit Request by H&M Representiug Comax to use Gordon River Edge Sand to Proposed T-Groins on North KeewaydinKeewaydin a. Notification by FDEP Backup Material Gary McAlpin presented the Executive Summary "Notification by FDEP of Permit Request by H&M Representing Comax to use Gordon River Edge Sand to Proposed T-Groins on North KeewaydinKeewaydin" dated August 14, 2008. He stated the item is an information update and has received a request to use the Gordon River Dredge Sand from a Federal project for T-Groins on North KeewaydinKeewaydin. He noted Coastal Zone Management and the City of Naples Staff oppose this proposal as they wish to utilize this source of sand for re-nourishing "hot spots" on Naples beaches to the North, if possible. Sneaker Ken Humiston of Humiston and Moore addressed the Committee noting he represents the developer Comax and the of use of the dredged sand is for erosion control structures, not beach re-nourishment. This dredge sand has typically been used on the North end ofKeewaydinKeewaydin Island in compliance with Florida Statute 161.142 (to place sand on adjacent eroding beaches). rfthe procedure is 4 August 14,2008 successful, it will stabilize the north end of the island and in the future the dredge sand may be used in other locations. He noted the City of Naples approval will be required for placement of the erosion control structures. Gary McAlpin clarified that the Executive Summary states under "Fiscal Impact" that the "source offunds is from Category "A" Tourist Development Tax" however it involves Federal Funds. He also expressed in the past (to the Army Corps of Engineers) the interest of using the dredged sand on the "hot spots" and will continue the negotiations with the appropriate parties under the current proposal. He noted in accordance with State of Florida Statutes, the City of Naples is adjacent to the project; the question would be which beaches are the "most eroding." Also, the sand source needs to be verified as "beach quality sand." 6. Clam Bay Advisory Board Discussion Gary McAlpin presented the Executive Summary (ES) "Recommendation that the Board of County Commissioners provide staff direction and authorization on how to proceed with management of Clam Bay Estuary" dated August 14, 2008. He noted this is a preliminary ES and is providing this update for information purposes and the Clam Bay Advisory Committee ultimately will be "rolled under" the Coastal Advisory Committee. On June 24, 2008 the Board of County Commissioners (BCC) directed Staff to develop a management plan for Clam Bay Estuary via an advisory group inclusive of Stakeholders, not one municipality or entity. Three options to obtain this goal were identified: 1) Develop a Clam Bay Advisory Committee appointed by the BCC and reporting directly to the BCC. 2) Place the management of the Clam Bay estuary directly under the control of the Coastal Advisory Committee 3) Develop a Clam Bay Advisory Committee appointed by the BCC, but reporting directly to the Coastal Advisory Committee The Board of County Commissioners optedfor option #3 due to the expertise of the Coastal Advisory Committee. The BCC suggested the follOWing composition of the Clam Bay Advisory Committee: · 1 Representative from Pelican Bay Services Division (PBSD) · 1 Representative from Pelican Bay Foundation (PBF) · 1 Representative from Naples Cay · 1 Representative from Seagate Homeowners Association · 1 Representative from District 1 · 1 Representative from District 3 . 1 Representative from District 5 He noted the existing Discussion Group and related Work Groups work has been placed on hold pending the outcome of this issue. A brief discussion ensued whether or not the Clam Bay Advisory Committee would sunset after 1 year. 5 August 14,2008 Mr. Hendel noted the Group will be comprised of specialized members and recommended as a matter oflogistics, the Clam Bay Advisory Committee report directly to the Board of County Commissioners. Further, ifit is to report to the CAC, a member of the CAC be appointed as a member to the Clam Bay Advisory Committee to keep the CAC informed. It was noted that this was the original intent, with a member of the Naples City Council to be a member of the Group; however this membership category was replaced by a representative from Naples Cay; further, the June 24, 2008 BCC meeting minute recap reflect it is a 6 person Committee without a member of the Pelican Bay Foundation and with regard to the Committee sun-setting after one year, they reflect that this option would be reviewed at the end of a year. Gary McAlpin noted he would review the minutes, however it is clearly a 7 member Committee. Mr. Pires requested clarification on the intent of the wording in the Fiscal Impact section "TDC fund would be managed distinct and different from funds to manage this estuary." Gary McAlpin noted this statement was intended to make it clear that Tourist Development Council (TDC) funds are not to be commingled with funds that manage the Estuary. Sneaker Marcia Cravens, Mangrove Action Group addressed the Committee and submitted the following documents for the record: . Emai1 from Gary McAlpin to her dated August 14, 2008 indicating that the Clam Bay Work Group were being disbanded and up to the new Advisory Committee to continue the Work Teams . Minutes of the BCC June 24, 2008 meeting regarding composition of the proposed Advisory Group . Executive Summary presented today which indicates that the BCC envisioned Staff is directed to develop a proposal for the County wide management of Clam Bay Estuary. She does not believe it was the intent of the BCC for Staff to develop a Management Plan . Emaij from Gail Hambright to her and others dated July 2,2008, to forward a request for public records by the Sheriffs department requesting Public Records for the Clam Bay Discussion Groups as well as the Work Teams . Transcript from May 7,2008 meeting Pelican Bay Services meeting in which Mr. Burke makes references to a DEP meeting in Fort Myers, a closed meeting with no public warning which he and Mr. Buser attended that indicates there was thorough discussion of the 9 objectives being handled by the Clam Bay Estuary Discussion Group and the related Work Teams including renewal and extensions of the existing permit Doug Finlay - Naples resident addressed the Committee endorsing the newly proposed Clam Bay Advisory Committee as it will promote broader representation to the 6 August 14, 2008 Management of Clam Bay. He attended the DEP meeting in Fort Myers in question and stated the purpose was a fact finding mission. Mr. Burke stated that he has been on the Pelican Bay Services Division (PBSD) and related Committees involving Clam Bay for 8 years. He is familiar with all the issues and envisioned when the review of the permit began (approximately 1 year ago) the scope would be broadened to involve the City of Naples, Seagate residents, etc. with PBSD being the driving force. Some individuals became concerned that the Mangroves were being overlooked and would be threatened. Subsequent to this, the BCC allowed the PBSD to manage and maintain the mangrove habitat (an aspect of the permit). At one of the BCC meetings they were pushed too far in regards to the Estuary and the BCC took the position that the Estuary is a County asset and resource and they would no longer allow a neighborhood to maintain entire control over the asset. He regrets that the issue has digressed to that point and he may have recommended a different composition to the proposed Clam Bay Advisory Group, but noted this is where it is today, and it is time to move on and make the Estuary the best it can possibly be. Chairman Sorey commended Mr. Burke for his efforts and regrets that the issues got personal and looks forward to his continued effort on the issue. Mr. Pires stated he has been involved with the issue for many years and noted that the initial capital investment was by the residents of Pelican Bay and the Developers. The County was requested to aid in the funding, but denied the request leaving the issue in the hands of the residents and developer. Mr. Burke noted things have changed and the funding at this point is 68% County and 32% Pelican Bay Services Division. Gary McAlpin agreed noting the following expenditures to date: .WCI-$IM . PBSD - $1.4M . Collier County - $1.4M Chairman Sorey concluded by noting times have changed, the issues are different now and the general feeling is the entire Estuary needs consideration. 7. DWSP Entrance Road and Parking Garage Discussion Gary McAlpin presented the Executive Summary "Information on Delnor Wiggins State Park (DWSP) Entrance Road and Parking Garage" noting the item is an update for informational purposes. There has been a historic problem at the park where the Park Capacity is not supported by the existing parking and the Park needs to close down at approximately 11 :00 AM on busy days forcing incoming automobiles to back up onto adjacent streets creating unsafe conditions and congestion. The proposal includes the following: . Widening of the existing access road · Re-constructing of the Ranger Station · New public restrooms, beach access and turnaround at Moraya Bay . 250 car parking garage at parking location #4 7 August 14,2008 The project will be funded by the County with the concept of re-imbursement of funds by the State to the County over a period of time. Ms. Kulpa emphatically stated she does not support a parking garage inside of De1nor Wiggins State Park. She recapped the history of the park, noting the land was donated to Collier County and the County turned the property over to the State who opened a park in 1981. It is 166 acres, mostly mangroves with 1.25 miles of shoreline. To add a parking garage inside would destroy the land and driving through the entire park to reach garage doesn't make any sense. Mark Nicolleti, Asst. Park Manager noted 500,000 persons visit the park annually. The exiting parking capacity is 350 spaces. The proposal will increase the number of spaces by 200 to a total of 550 spaces. He noted there will be a new Master Plan released for the Park in 2010. Gary McAlpin noted the new spaces will allow the Park to operate at its carrying capacity with minimal encroaclunents on existing vegetation and no impacts on the mangroves. Mr. Rios expressed concern of expenditures, the number of proposed parking spaces generated and recommended considering other mechanisms to solve the problem (advance passes for visitation, trams, etc.). Further, consideration should be given to Delaying the project until the 2010 study is completed should be considered. IX. Old Business 1. Wiggins Pass Modeling Group Update - Verbal Gary McAlpin provided an update noting that the Modeling Group has determined 3 alternative solutions for the long term stabilization of the Pass. After the next Modeling Group meeting, Staff will bring a formal update to the Coastal Advisory Committee. Ms. Kulpa noted that the Modeling Group approved a mission statement: "Examine the modeling study results and recommend environmentally and economically sound methods to maintain Wiggins Pass as a safe navigable waterway by minimizing shoreline erosion and achieving long term stabilization of Wiggins Pass through a collaborative process involving Wiggins Pass stakeholders input. " Two participating members have left the Modeling Group and been replaced; Mark Latch, Asst. Bureau Chieffor the Bureau of Natural and Cultural Resources, Florida Park Service has replaced Srivivas Tammisetti. Sally Cole Braem, Environmental Specialist II, Florida Park Service, District 4 has replaced Christina Olsen from the Florida Park Service. Discussion ensued concerning the appointments and membership status of the Modeling Group participants. The CAC members recollected different avenues of approvals regarding their appointments to the Modeling Group. Gary McAlpin will check the record and report back to CAC. 8 August 14, 2008 X. Public Comments Marcia Cravens, Mangrove Action Group addressed the Committee requesting clarification on the Clam Bay Estuary Discussion Group and Work Teams jurisdictions and if they were created as Advisory Groups and was there any direct relationship with the Discussion Group and Work Teams Groups and the CAC? She has worked hard to expand the membership of concerned parties (outside of Pelican Bay) involved in Clam Bay issues and welcomes their input. She is concerned by specific projects advanced by the Discussion Groups and Work Teams. The original intent for the Discussion Group was for community discussion to address issues that arose via the Tomasko Report. The report had no mention of sand bypassing, circulation models or modifications to the bottom elevations of the Clam Bay system. Dr. Tomasko's recommendation was to reduce and control access of powerboats to the Estuary. She requested the original document entitled "preliminary work topics" regarding the Discussion Group be inserted into the record. (She also submitted other documents which were to be filed with Minutes and Records. ) Mr. Pires requested clarification ifMr. Tomasko was a member of the original Discussion Group. It was noted Dr. Tomasko was present per the Discussion Group's request as a technical Advisor. The minutes of the June 9, 2008 Discussion Group indicate Dr. Tomasko is a member of the Discussion Group and should be corrected if this is not the case. Gary McAlpin explained the Work Groups were derived as an outgrowth from concerns in Dr. Tomasko's report in attempt to make the permit inclusive to these issues. The ebb shoal sand has been investigated, as it may be economical to utilize it in re-nourishing Clam Pass Beach. The Work Groups have now been disbanded and the related issues will be left to the new Advisory Group to address. XI. Announcements 1. Florida Sunshine Law training course for Staff-Liaisons and Advisory Committee/Board Members It was noted that if a member has not attended one of these seminars, they should attend. It will be held on August 18,2008. XII. Committee Member Discussion Ms. Kulpa commended Gary McAlpin for his efforts in the Work Groups which she participates in. Mr. Pires stated the new format for the Clam Bay Advisory Committee is more favorable and will help ensure citizen participation. Mr. Rios provided an update on the condition of Marco Island Beaches XIII. Next Meeting Date September 11, 2008 - Government Center, Administration Bldg. F, 3rd Floor 9 August 14,2008 There being no further business for the good ofthe County, the meeting was adjourned by order ofthe chair at 2:30 P.M. Collier County Coastal Advisory Committee John Sorey, III, Chairman These minutes approved by the Board/Committee on as presented or as amended 10