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CAC Minutes 11/13/2008 R November 13, 2008 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, November 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 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: VICE CHAIRMAN: John Sorey, III Anthony Pires Murray Hendel Heidi Kulpa - Resigned Larry Magel Ted Forcht Victor Rios ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Colleen Greene, Assistant County Attorney Gail Hambright, Tourist Tax Coordinator Michael Bauer, City of Naples Natural Resources Manager 1 Collier County: November 13,2008 Page 1 of2 November 13, 2008 MEETING AGENDA 8. NOTICE MEETING AGENDA & NOTICE COASTAL ADVISORY COMMITTEE (CAC) THURSOAY, NOVEMBER 13, 2008 - 1:00 P.M. TURNER BUILDING (Administrative Building F, 3rd Floor Collier County Government Center, 3301 E. Tamiami Trail, Naples) !'llIlJ.KlIOnu. 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. O_c;tQ...b~r 9. 2008 VII. Staff Reports 1. Re.'l..e.n.!.le:Ji~Jl.Qrt-=_ Garv MeAl Din 2. enue_~JlI.t Reoort - Garv McAloin 3. TOe Fundina/ExDendltures for MaL'-o_liliLrHl_~_Gny._McAIDin 4. Trooical Storm FnlFEMA Uodate ~ NaDIe..L._PJir.,k Shore. Vanderbilt. ~O'._M.~AJ.Rin a. Collier Countv Beach Nourishment Proiect PJl.51.IroDiccal Storm Fav StormB~J;"-QJt 5. Staff Report Wiggins Pass Modeling - Steve Keehn, CPIkE 6. Staff Report Small Volumes Sand Source at Cape Romano - Steve Keehn, CPIlE VIII. New Business 1. Resolution for Procedures for Coastal Advisorv~_ttt:.tL-::, Garv McAloin a. ~--..Resolution and Proced.ure for Coastal Advis.on'...t.ommittee 2. Wiaain.5.LP-'oijtors Pass DredGinG - UDdate - Garv Mcil.lRin IX. Old Business 1. AP.Ju>jntment to-Date Clam Bay' Advisorv Committee X. Public Comments XI. Announcements 1. Heidi KulDa's R,~sianation from the CAC XII. Committee Member Discussion XIII. Next Meeting Date/Location December 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. For more information, please contact Gail D. Hambright at (239) 252-2966. http://www.coliiergov.netlindex.aspx ?page=25 3 8 11/14/2008 Collier County: November 13,2008 Page 2 of2 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) 252-8380. 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=2 5 3 8 11114/2008 November 13, 2008 I. Call to Order Chairman Sorey called the meeting to order at 1 :OOPM II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call Roll Call was taken with a quorum established. It was noted former Coastal Advisory Committee member Jim Burke was present in the audience and has temporarily resigned from the Committee. IV. Changes and Approval of Agenda Mr. Pires moved to approve the agenda. Second by Mr. Rios. Carried unanimously7-0. V. Public Comments None. VI. Approval of CAC Minutes Mr. Rios moved to approve the minutes subject to the following corrections: . Page 4, under item 4 paragraph 3, line 2 from "if the PW's are" to "if the PW's (Public Works Work Orders) are" . Page 5, under Public Speaker, paragraph 2, line 1 From "Mr. McAlpin stated the Beach area referenced is a private beach." to "Mr. McAlpin stated the Beach area referenccd is a private beach (to the erosion control line.) " VII. Staff Reports I. Revenue Reports - Gary McAlpin The Council reviewed the document "Tourist Tax Report - FY 2008 - 2009" dated November 13,2008 (updated through October of2008.) 2. Project Cost Report - Gary McAlpin Gary McAlpin, Coastal Zone Management Director submitted the document "FY 2007/2008 TDC Category "A" Beach Maintenance Projects" dated November 13, 2008 and recommended in the future, this Report be heard on a quarterly basis. The Council determined the Report should be submitted to members on a monthly basis, but reviewed at meetings on a quarterly basis. Mr. Rios requested Staff to provide to him via email, any related information on the existing and/or proposed Work Orders for projects on Marco Island. Mr. Hendel noted the data from the first month of the Fiscal Year indicated a decline in revenues and recommended the budget and projections be re-examined. Gary McAlpin noted there is currently a surplus of capital from existing projects ($2M-3M) and the Program can currently meet its anticipated financial obligations. 2 November 13,2008 Staffwill provide a Detailed Financial Update upon completion of the I" quarter of the Fiscal Year at the January 2009 meeting 3. TDC Funding/Expenditures for Marco Island - Gary McAlpin The Council reviewed the document "Marco Island Revenue and Expense Analysis Fund 195-Beaches and Inlet Maintenance" dated November 13, 2008. It was noted the Snapshot is over a 3-year period indicating Fund 195 generated $3,357,913 of Marco Island Revenue and the County has expended $5,542,314 on Marco Island Beaches. 4. Tropical Storm Fay/FEMA Update - Naples, Park Shore, Vanderbilt - Gary McAlpin a. Collier County Beach Nourishment Project Cost Tropical Storm Fay Storm Report The Council reviewed the Executive Summary "Update the CAC on FEMA funding progress from Tropical Storm Fayfor Naples. Vanderbilt, Park Shore and Marco Beaches. " It was noted a Public Work's Work Order will be submitted to FEMA in the near future for the damage caused by Tropical Storm Fay. The escarpments on Naples Beach will be taken care of naturally via tidal activity. 5. Staff Report Wiggins Pass Modeling - Steve Keehn, CP&E Gary McAlpin stated the Modeling Group has narrowed its alternatives for long- term stabilization of Wiggins Pass to a "desired approach." There is one more meeting scheduled for the Group at which time a final alternative will be recommended Steve Keehn of Coastal Planning and Engineering provided a Power Point Presentation "Summary of Wiggins Pass Modeling Study" and noted the following: . The Goals of the project are to improve navigation in the Pass, reduce impacts to adjacent shorelines, minimize impacts on the environment, lengthen the dredge cycle and provide the least economic impact feasible in choosing an alternative. . 4 alternatives were considered which is being reduced to a final alternative. Discussion ensued regarding how realistic the data assumptions are being used in the modeling. Steve Keehn noted the model does incorporate historic data as well as recently measured data and the software for the modeling does calibrate and merge this data when developing the parameters for the modeling. This assists the modeling software in creating "multi year data." Gary McAlpin noted the modeling software continually updates changing data as it predicts the morphology of the Pass. Upon further analysis, it predicted the actual events, which occurred in the Pass I year after dredging. 3 Vlll. November 13,2008 Steve Keehn reviewed the details of the 4 alternatives and subsequent morphology modeling examined by the Discussion Group. He also provided an analysis of the Decision Matrix being utilized by the Group. In conclusion alternatives 2 and 3 were found to be the most effective with the final solution being a combination of the two. The Consultants need to continue to finalize the modeling and the results will be provided to the Group for a decision. Discussion ensued on the Consultants "level of confidence" the final alternative is "the best way to go" in lengthening the dredge cycle. Steve Keehn stated the analysis would be available when it has been completed and a final report is issued. It was noted no alternative would be a 100 percent guaranteed solution, the only certainty is the current Dredging Program is not the best alternative. Gary McAlpin noted the level of confidence should be evaluated in relation to the individual goals identified by the Group, not just the length of the dredge cycle. 6. Staff Report Small Volumes Sand Source at Cape Romano - Steve Keehn, CPE Update provided: . The sand source is similar in size to the sand excavated adjacent to Marco Pass. . The source is located a considerable distance South of Marco Island but significantly closer than the T-l Sand Source ofSanibel. . The goal is to identify a less expensive sand source than the T-l Sand source which costs $30 CY. . The County will continue to attempt to obtain approval of the source from Florida Department of Environmental Protection. . The National Marine Fisheries is involved with approval of sand sources regarding satisfying a criterion for the "color of the sand" in regards to it impacts on Sea Turtle nesting. . Sea Grass beds are not an issue for this source which is 5-7 miles off- shore. New Business 1. Resolution for Procedures for Coastal Advisory Committee - Gary McAlpin a. Revised Resolution and Procedure for Coastal Advisory Committee Mr. Pires moved to approve a revision to Resolution 2004-01 to allow a maximum of 3 minutes when an individual public speaker addresses an issue. Second by Mr. Magel. 4 November 13, 2008 Mr. Rios expressed concern on limiting a Speaker to 3 minutes as opposed to 5 minutes currently allowed and whether it is ample time to present their position on an item. It was noted the Chairman and Committee have the discretion to allow more time if necessary. Motion carried 5-2. Mr. Rios and Mr. Forcht voted "no." 2. WigginslDoctors Pass Dredging -Update - Gary McAlpin The following was noted: . The necessary permits are in place with no changes or modifications required. . The only outstanding item is a "Notice to Proceed." . The Notice is outstanding, as Contractors have not been selected for the dredging and related monitoring. . The contracts are scheduled to be awarded at a December Board of County Commissioner meeting with the work to begin in January and completed before Turtle Nesting season. . The contracts are not subject to Purchase Department Policy for Consultant Rates and are subject to a bidding process. IX. Old Business I. Appointment to Date Clam Bay Advisory Committee Gary McAlpin noted the recent appointments to the Clam Bay Advisory Committee are: David Roellig, Kathy Worley, Tahlman Krumm, Jim Carroll and Robert Rogers. X. Public Comments None XI. Announcements I. Heidi Kulpa's Resignation from the CAC The Committee expressed their gratitude for Ms. Kulpa's service. XII. Committee Member Discussion Mr. Pires moved that the Coastal Advisory Committee recommends the Board of County Commissioners aggressively review rates and fees that are established by the Purchasing Departmentfor Consultants and Professionals under existing contracts in light of the current economic conditions with any eye toward reductions and potential rollbacks. Second by Mr. Rios. Colleen Greene, Assistant County Attorney expressed concern this motion is outside the scope of the Committee and noted the fees were competitively bid in compliance with the Purchasing Policy and the Florida Statute for Professional Services and recommended the Staff address this issue with the County Manager's Office. 5 XlII. November 13, 2008 Chairman Sorey noted the motion expressed a concern of the Committee and a recommendation for review of the Policy, not for the Coastal Advisory Committee to exercise any authority in changing the policy. Motion carried unanimously 7-0. Mr. Hendel requested clarification on a recent newspaper article, which indicated a County parking garage improvement, may be under consideration at the end of Seagate Drive. Gary McAlpin noted there is no plans by the County to increase parking capacities at the location at this time. Next Meeting Date The next meeting is scheduled for December 11, 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 2:37 P.M. Collier County Coastal Advisory Committee John Sorey, III, Chairman These minutes approved by the Board/Committee on as presented or as amended 6 COLLIER COUNTY COASTAL ADVISORY COMMITTEE RESOLUTION NO. 2008 _01 A RESOLUTION OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE AMENDING RESOLUTION NO. 2004-01, AS IT RELATES TO THE COMMITTEE'S RULES OF PROCEDURE. WHEREAS, on February 13,2001, the Board of County Commissioners adopted Ordinance No. 2001-03, creating the Collier County Coastal Advisory Committee; and WHEREAS, pursuant to Section Five of Ordinance No. 2001-03, the Coastal Advisory Committee adopted Resolution 2004-01 which established rules of procedure for the transaction of business; and WHEREAS, the Coastal Advisory Committee desires to revise the rules of procedure adopted through Resolution No. 2004-01 by changing the time granted to speakers from a maximum of five minutes to a maximum of three minutes. NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE that: 1. The rules of procedure of the Coastal Advisory Committee attached hereto and incorporated herein by reference, are hereby approved and re-adopted as amended, by changing the time granted to speakers from a maximum of five minutes to a maximum of three minutes. 2. Except as modified above, the rules of procedure adopted through Resolution No. 2004-01 shall remain in full force and effect. 3. The attached rules of procedure shall be effective upon adoption of this Resolution. This Resolution adopted after motion, second and majority vote this 13th day of November, 2008. COLLIER COUNTY COASTAL ADVISORY COMMITTEE BY:~~ le)HN SOREY, CHAIRMAN COLLIER COUNTY COASTAL ADVISORY COMMITTEE PROCEDURE FOR COASTAL ADVISORY COMMITTEE November 13, 2008 A. General: I. Meetings. Regular meetings of the advisory board shall be held on such day, time and place as may be determined by the advisory board, and at a minimum of once a month, except for one month in the summer. 2. Quorum and Voting. At all regular or special meetings of the advisory board, a majority of the membership of the advisory board shall constitute a quorum. Voting shall be by voice unless a member of the advisory board requests a roll call. The roll shall be in alphabetical order with the first name called rotating with each motion upon which the vote is called. The Chairman shall always vote last. A record of the roll call shall be kept as part of the minutes. 3. Special Meetings. Special meetings may be called by the Chairman at any time provided adequate notice is given pursuant to Paragraph 4 below. The Chairman may also call a special meeting when requested to do so in writing by a majority of the members of the advisory board or by a County staff member. The notice of such a meeting shall specify the purpose of such a meeting and no other business may be considered except by unanimous consent of the advisory board. All members of the advisory board shall be notified in advance of such special meetings by the staff liaison. 4. Notice and Publication. The staff liaison shall give notice and keep record of such notice of its meetings and the meeting of the subcommittees including the date, time, and location of each regular and special meeting. Notice shall be posted in the county administration building and other appropriate locations as recommended by the advisory board and to the County Public Information Department for further distribution. 5. Open Meetings. All meetings of the advisory board or its subcommittees shall be open to the public and governed by the provisions of Florida's Government in the Sunshine Law. 6. Minutes. The minutes of all meetings shall be promptly recorded, and such records shall be open to public inspection, in accordance with applicable law. 7. Location. Meetings of the advisory board, or any of its subcommittees, shall be held in a location accessible to the public. 8. Meeting Agenda. There shall be an agenda for each meeting of the advisory board which shall determine the order of business conducted. The board shall not take action on any matter, proposal, report or item of business not listed upon the official agenda unless a majority of the board present consents. Any advisory board member, in the case of an advisory board or a subcommittee member in the case of a subcommittee, may place an item on the agenda by submitting it to the Chairman for forwarding to the staff liaison prior to the deadline for publishing the notice of such meeting. The Chairman shall determine whether the item submitted by the board member is relevant to the purposes of the advisory committee. Upon his/her finding that the item is relevant, it shall be included in the agenda. Staff-initiated agenda items are not subject to prior review by the Chairman 9. Order of Business. The order of business as regular meeting shall be: ( a) Call to Order (b) Roll Call (c) Adoption of the Agenda (d) First Public Comment (e) Adoption of Minutes from Previous Meeting (f) Staff Reports (g) New Business (h) Old Business (i) Second Public Comment G) Committee Member Discussion (k) Next Meeting Time, Date and Location (1) Adjournment B. Agenda Items Requiring Action (Old Business and New Business): I. General. All members of the public who address the Board shall utilize the speaker's podium to allow their comments to be recorded, and shall identify themselves by name and local addresses, if applicable. Further, any speaker speaking on behalf of an organization or group of individuals (exceeding five) shall indicate such and shall cite the source of such authority whether by request, petition, vote, or otherwise. 2 Speaker Registration. Persons, other than staff wishing to speak on an agenda item shall, prior to the item being heard, register with the staff liaison on the forms provided. Five (5) or more persons deemed by the Board to be associated together or otherwise represent a common point of view, as proponents or opponents on any item may be requested to select a spokesperson. All persons may speak for a maximum offi'l6 (5) three (3) minutes each. 3. Restrictions on Comments Deemed Not Germane to the Item. Notwithstanding any provision herein, any Board member may interrupt and/or stop any presentation that discusses matters that need not be considered in deciding the matter then before the Board for consideration. At any Board proceeding, the Chairman, unless overruled by majority of the Board members present, may restrict or terminate presentations which in the Chairman's judgment are frivolous, unduly repetitive or out of order. C. Order and Subiect of Appearance: To the extent possible, the following shall be the order of the proceeding: I. Preliminary Statement. The Chairman shall read the title of the agenda item. 2. Initial Presentation by Staff. County staff shall make the initial presentation to the Board regarding any item under consideration. After completion of the staff presentation, the Board may make inquiries of staff at this time. 3. Initial Presentation by Petitioner or Proposer. Petitioner or proposer shall make the initial presentation to the Board regarding any item under consideration. After completion of the presentation by the Petitioner or Proposer, the Board may make inquiries of the Petitioner or Proposer at this time. 4. Speakers. After Board inquiry, speaker shall be allowing to speak based on the time limitation guidelines outlined in the preceding subsection B above. During and after a speaker's presentation, the Board shall have an opportunity to comment or ask questions of or seek clarification from such speaker. The Board may also allow staff to comment, ask questions of or seek clarification from such speaker. 5. Restrictions on Testimony or Presentation of Evidence. Notwithstanding any provisions herein, any Board member may interrupt any presentation that contains matters which need not be considered in deciding the matter then before the Board for consideration. At any Board proceeding, the Chairman, unless overruled by majority of the Board members present, may restrict or terminate presentations which in the Chairman's judgment are frivolous, unduly repetitive or out of order. D. Rules of Debate: The following rules of debate shall be observed by the board. Except as herein provided questions of order and the conduct of business shall be governed by Robert's Rules of Order. 1. Motion under consideration. When a motion is presented and seconded, it is under consideration and no other motion shall be received thereafter, except to adjourn, to lay on the table, to postpone, or to amend until the question is decided. These countermotions shall have preference in the order in which they are mentioned, and the first two shall be decided without debate. Final action upon a pending motion may be deferred until the next meeting by majority ofthe members present. 2. Chairman participation. The presiding chairman may move, second and debate from the chair, and shall not be deprived of any of the rights and privileges of a committee member by reason of being the presiding chairman 3. Form of address. Each member shall address only the presiding officer for recognition, shall confine himself to the question under debate, and shall avoid personalities and indecorous language. 4. Interruption. A member, once recognized, shall not be interrupted except by the Chairman if the Chairman determines that the member's participation is irrelevant, frivolous or out of order. Any member may appeal the decision of the Chairman to the committee for decision by majority vote. 5. The question. Upon the closing of debate, any member may require a roll call vote. Any member may give a brief statement or file a written explanation of his vote. E. Public Comment on General Topics: Members of the public may register to speak on general topics under the Public Comment portion of the CAC agenda. The number of speakers permitted to register under public comment on any given agenda shall be limited to a maximum of five, unless the Chairman recognizes additional speakers. 1. Speaker Registration. Individuals wishing to speak to the CAC under public comment at any regularly scheduled meeting of the CAC shall register to speak in writing on the form provided by the County prior to the public comment portion ofthe agenda being called by the Chairman. F. Reconsideration: There shall be no reconsideration of items before the Coastal Advisory Committee relating to expenditures of Category A TDC funding. G. Conflicts of Interest: Any member having a potential voting conflict shall publicly state the nature of the conflict at the Coastal Advisory Committee meeting and complete Form 8B [Memorandum of Voting Conflict for County, Municipal and Other Local Public Officers] within 15 days of the scheduled meeting. &:-.~~ Chairman