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CAC Minutes 03/12/2009 R March 12, 2009 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, March 12,2009 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 (Excused) VICE CHAIRMAN: Anthony Pires Murray Hendel Larry Magel Doug Finlay Ted Forcht (Excused) Victor Rios (Excused) Jim Burke ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Colleen Greene, Assistant County Attorney Gail Hambright, Accountant, Coastal Zone Management Dr. Michael Bauer, Ph.D., Natural Resources Manager, City of Naples 1 Collier County: March 12, 2009 Page 1 of2 March 12,2009 MEETING AGENDA & NOTICE . MEETING AGENDA &. NOTICE COASTAL ADVISORY COMMITTEE (CAe) THURSDAY, MARCH 12, 2009 - 1:00 P.M. TURNER BUILDING (Administrative Building F, 3rd Floor Collier County Government Center, 3301 E. Tamiami Trail, Naples) PUBLI<=-!,!QTlC.~ 1. 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. ,:t~nuarv JJL-1()09 VII. Staff Reports 1. Beve_n..Ye._RePQrt .-_G.ilO _M~"I_pin 2. Projet.t C05..1RepQrt - _G_ilJyMc;;Alltin VIII. New Business 1. R~ie.w of ~A'-AJu)_lic:aoh: 2. A"-eJrtjng C~__"A"GriJnt.A-p.p.Uc~tiomi_iJnc:f AP--prQ.Ya-'_Qf.~val...atiQ.o__CJi.teria FY !!9DQ 3. EfM-.ATrQPlfrllLS1orrn EU-PW. ApprDyaLfQ..-Vanderbllti ParkShDreLNiJplesa nd. M.iJ.n:Q JJiland .S.e:acbe.$ a. BackujlJ!latedaJ b. GQrdQ.n.JUverJ)--.r.e.dgio9-_EytIj1LIl9.-..u~ 4. y..il.l1c:1er.biltlP:aJ:kSh.Q.ruJ!ljJpl.~JLRe.d.e.lign_PXQIUams 5. Mar~slaJ"!d..B.~b_PrQ9.r.iID 6. Wiggil'1.s/DocWIs_Pns_Dnulg.ing .,:,_.llP.d.ate 7. Wiggins Pass_ModelLngAe..l;;Qmm_end~t.i.Q!1 S. Cla.roSay AdJliS.!>ryQm1miUee Cha!:leL~ppr2Y.aLjto.d.Up.d.a.te 9. SioJQQ.ical Mo_oJto.ringSu.m...m_il.fY IX. Old Business X. Public Comments XI. Announcements 1. SgrYi.te ~Jt.iQIl.Award XII. Committee Member Discussion 1. ~..J)aily Mm"lLA.rtic:aJ_3L1L09 XIII. Next Meeting Date/Location April 9, 2009 - Government Center, Administration Bldg. F, 3rd Floor XIV. Adjournment http://www.colliergov.net/i ndex.aspx')page~2602 3/5/2009 Collier County: March 12, 2009 Page 20f2 AU 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. 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=2602 3/5/2009 March 12, 2009 I. Call to Order Vice Chairman Tony Pires chaired the meeting and called 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. Magel moved to approve the Agenda subject to the following changes: Item VIlLI - eliminated with remaining Items renumbered accordingly. Item VIII 3.b moved to item Vl1I.9 Second by Mr. Burke. Carried unanimously 5-0. V. Public Comments None VI. Approval of CAC Minutes 1. January 8, 2009. Mr. Burke moved to approve the minutes of the January 8,2009 meeting subject to the following correction: Page 5 - Item XII-line 1-2 - from "It was noted the Chairman of the Wiggins Pass Modeling Group is now Doug Finlay" to "It was noted the Chairman of the Wiggins Pass Modeling Group is now John Findley." Second by Mr. Hendel. Carried unanimously 5-0. VII. Staff Reports 1. Revenue Report - Gary McAlpin The Committee reviewed the "Collier County Tourist Tax Report YTD Report by City" updated for February, 2009. The collections represent a 10-15 percent decrease from the same time frame of the previous Fiscal Year. At the April meeting a quarterly budget update will be provided by Staff. 2. Project Cost Report - Gary McAlpin The Committee reviewed "FY 2009/2010 TDC Category "A" Beach Maintenance Projects" dated March 13,2009. It was noted the monitoring for Hideaway Beach is split equally between Collier County and the Hideaway Beach Association. VIII. New Business 1. Accepting Category" A" Grant Application and Approval of Evaluation Criteria FY 09/10 Gary McAlpin provided the Executive Swnmary "FY 2009-2010 Acceptance of Category "A" Grant Applications and Approval of Evaluation Criteria for FY 2009-2010 Grant Applications" and "Evaluation/Approval Guidelinesfor TDC 2 March 12,2009 Category A Yearly Grant Requests by the Coastal Advisory Committee" dated March 12, 2009. It was noted the Evaluation/Approval Guidelines are listed by order of priority from #'s 1-9 and non-essential items #7-9 may be deferred or approved with the condition that funding is available at the time. It is intended to combine projects when possible to achieve more efficient expenditure of funds. The Committee reached consensus on the guidelines as presented noting items #7-9 may not receive funding due to budget constraints. 2. FEMA Tropical Storm Fay PW Approval for Vanderbilt/Park Shore/Naples and Marco Island Beaches. a. Backup Material Gary McAlpin provided the Executive Summary "Share FEMA Tropical Storm Fay PW Approval for Vanderbilt/Park Shore/Naples and Marco Island Beaches and obtain a Recommendation for Approval to the Bce' dated March 12, 2009. It was noted the County has received approval for FEMA funding to repair the above referenced beaches to pre Tropical Storm "Fay" conditions. The County will be required to provide 25% of the funds for the repairs, while FEMA will provide 75% of the funding. The County will be required to expend the funds with re-imbursement by FEMA upon completion of the expenditures. Mr. Magel moved to recommend the Board of County Commissioners approve the FEMA funding proposal as presented. Second by Mr. Burke. Carried unanimously 5-0. 3. Vanderbilt/Park Shore/ Naples Beach Redesign Programs Gary McAlpin provided the Executive Summary "Vanderbilt/Park Shore/Naples Beach Programs" dated March 12,2009. He provided an overview of the proposed strategy for the Beach Programs in relation to the FEMA funding including addressing the "hot spots" of erosion, elevate and widen the beach hot spots, develop a removal plan for the drainage pipes in Naples and possibly re- nourishing Clam Pass Beach Park during the cycle. 4. Marco Island Beach Program Gary McAlpin provided the Executive Summary "Marco Island Beach Program - Update" dated March 12,2009. He provided an overview of the proposed strategy for the Beach Programs in relation to the FEMA funding including the location and quantities of sand available, the possible construction of additional segmented breakwaters and combining the Hideaway Beach Re-nourishment Project to provide additional cost savings. He has been communicating with Marco Island officials on the status of strategies. 3 March 12,2009 He will be providing the Coastal Advisory Committee with more formal strategies in approximately 2 months. Break-1:52PM Reconvened -1:56PM 5. Wiggins/Doctors Pass Dredging - Update Gary McAlpin provided the Executive Summary "Wiggins/Doctors Pass Dredging - Update" dated March 12, 2009. It was noted Subaqueous Services has completed the dredging at Wiggins Pass and are re-mobilizing to begin dredging at Doctor's Pass. 6. Wiggins Pass Modeling Recommendation Gary McAlpin provided the Executive Summary "Approval of Wiggins Pass Modeling Recommendation and forward to the TDC and the BCC for approval" dated March 12,2009. It was noted the Wiggins Pass Modeling Evaluation Work Group has completed its task and provided a recommended option for the long term long-term stabilization and lengthening of the dredging cycle for Wiggins Pass. Coastal Planning and Engineering conducted a detailed modeling study and prepared a Final Report on the recommendation. It involves altering a shoal, installation of temporary sand dikes and revising the dredging template to train the channel to self-flush over a longer time frame than currently exists. It was noted the Final Report will be available on-line (via the Coastal Advisory Committee website). Mr. Hendel moved to recommend the Tourist Development Council and Board of County Commissioners approve the Option as recommended by the Wiggins Pass Modeling Work Evaluation Work Group. Second by Mr. Magel. Carried unanimously 5-0. 7. Clam Bay Advisory Committee Charter Approval and Update Gary McAlpin provided the Executive Summary "Clam Bay Advisory Committee Charter Approval and Update" dated March 12,2009. Attached was the document "Collier County "Clam Bay AdvisOlY Committee" Mission. Functions, Powers, Duties & Work Plan" (hereafter known as the "document") which was unanimously approved by the Clam Bay Advisory Committee. He provided an overview of the "document" and requested a recommendation of approval by the Coastal Advisory Committee for forwarding to the Board of County Commissioners (BCC). Speakers Sarah Wu, Seagate Resident commended the work to date of the Clam Bay Advisory Committee and the residents of Seagate look forward to the placing of navigation markers. The residents of Seagate's priority is to improve and 4 March 12,2009 maintain a high level of water quality standards in Clam Bay. She stated, in the past few years the water quality in the Seagate area has declined. Rick Dykman, Seagate Resident notes the markers are important for boater safety and to protect the environment and requests the Coastal Advisory Committee (CAC) support the placement of markers as well as ensuring a high standard of water quality for the bay. Marcia Cravens, President, Mangrove Action Group, expressed concern over the "document" noting the Estuary is the only Coastal Natural Resource Protection Area in Collier County. There has been a commitment by the County to keep the area in conservation. She requested the item be tabled and the "document" be returned to the Clam Bay Advisory Committee (CBAC) as they have not reviewed and approved the exact wording in the final draft. Mr. Pires noted the date of the "document" was March 1, 2009 while the CBAC met on February 20, 2009. He requested clarification if the Committee reviewed the "document" at the meeting. Gary McAlpin noted the original draft of the "document" was prepared by a Subcommittee of the CBAC. The CBAC reviewed and approved the draft with modifications. Staffrevised the draft as directed by the Clam Bay Advisory Committee (CBAC) with the final draft in front of the CAC for approval today. Colleen Greene, Assistant County Attorney, noted if substantial changes are made to the "document" by the CAC, it should be returned to the Clam Bay Advisory Committee for review and approval. Mary Bolen, Pelican Bay Resident stated the CBAC have not reviewed the changes they approved (in final form). Linda Roth, Pelican Bay Resident, noted the CBAC is to report to the CAC and BCC jointly. It was noted by the CAC Ordinance 2008-48, which was adopted empowering the CBAC, stating the CBAC shall make recommendations directly to the CAC which will then forward any recommendations to the BCC. Annice Gregerson, Pelican Bay Resident requested the item be tabled. Arthur Chase, Pelican Bay Resident requested the item be tabled. Mr. Pires requested clarification if there were any substantial revisions to the "document" made by Staff that were not voted on and approved by the CBAC. Gary McAlpin stated the "document" presented today contains no substantial changes from the direction provided by the CBAC after their review of the draft (at the February 20,2009 meeting of the CBAC). 5 March 12,2009 Mr. Hendel moved to approve the recommendation (contained in the Executive Summary "Clam Bay Advisory Committee Charter Approval and Update" dated March 12, 2009) to approve and forward the document "Collier County "Clam Bay Advisory Committee" Mission, Functions, Powers, Duties & Work Plan" as approved by the Clam Bay Advisory Group to the Board of County Commissioners. Second by Mr. Burke. Mr. Pires expressed concern over the following wording in the "document:" . Page 1 - Committee Mission -line #1-2, the phrase "make joint recommendations to the Board of County Commissioners ("BCC") and the Coastal Advisory Committee ("CAC") should be struck and replaced with "make recommendations to the CAe' as provided in the approved Ordinance empowering the CBAC. . Page 1 - Committee Mission -line #3, striking of the word "use". as this word is not referenced in the approved Ordinance. Colleen Greene, Assistant County Attorney stated the word "use" is appropriate as the duties provided by the Ordinance are all inclusive of issues that affect the Estuary. . Page 1 - Committee Duties, line #2, the phrase "but not limited to" should be struck as the term is all inclusive when the CBAC was given a specific task to complete. Gary McAlpin noted the use of the phrase "but not limited to" is generic in nature to ensure if any items are found to have been omitted in the 12 duties listed as the CBAC moves forward, they could be incorporated into the duties necessary to complete the task. . Determination of the types of vessels allowed to be utilized in the Estuary is not identified in the Mission Statement. Gary McAlpin noted it is not the purpose of the CBAC to determine the types of vessels allowed to utilize the Estuary, rather resolve navigation issues for vessels legally allowed to utilize the Estuary. Colleen Greene, Assistant County Attorney stated the Mission Statement and Committee Duties Sections of the "document" as written are legally sufficient including use of the phrase "but not limited to." Motion carried 4 'yes" -1 "no." Mr. Pires voted "no." 8. Biological Monitoring Summary Postponed 9. Gordon River Dredging Funding - Update Postponed IX. Old Business None 6 March 12,2009 X. Public Comments Marcia Cravens, President, Mangrove Action Group noted the Ordinance adopted which empowered the CBAC is not in accordance with the minutes of the BCC meeting when the item was discussed. In addition, she requested the item VIII.7 be tabled as the CBAC has not had an opportunity to ensure the "document" reflects the results of the February 20,2009 CBAC meeting. Mr. Pires noted the Agenda for this CAC meeting has been posted for public view for a week, and the members of the CBAC have received a copy of the final "document". No members have expressed any reservations or concerns to Staff or the CAC regarding the contents of the "document". XI. Announcements 1. Service Recognition Award. It was noted Mr. Sorey has received a Service Recognition Award from the County. XII. Committee Member Discussion 1. Naples Daily News Article 3/1/09 Postponed XIII. Next Meeting Date The next meeting will be held on April 9, 2009 - 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 3:05 P.M. Collier County Coastal Advisory Committee Tony Pires, Vice Chairman These minutes approved by the Board/Committee on as presented or as amended 7