Loading...
CAC Minutes 04/09/2009 R April 9, 2009 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, April 9, 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 VICE CHAIRMAN: Anthony Pires (Excused) Murray Hendel Jim Burke Ted Forcht Victor Rios Larry Magel ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Colleen Greene, Assistant County Attorney Gail Hambright, Accountant Dr. Michael Bauer, City of Naples Collier County: April 9, 2009 Page I of2 April 9, 2009 MEETING AGENDA & NOTICE . MEETING AGENDA &. NOTICE COASTAL ADVISORY COMMITTEE (CAC) THURSDAY, APRIL 9,2009 - 1:00 P.M. TURNER BUILDING (Administrative Building F, 3rd Floor Collier County Government Center, 3301 E. Tamiami Trail, Naples) Pl,J~_LIC NOTKE 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. March_l~L;Z009 VII. Staff Reports 1. Revenu~Re.PQrt :-_Garv McA12in 2. PrQieC:J.Cost Re-P.Qrt-Garv McAIJliIl VIII. New Business 1. FY 2010 10 Year Plan Options and Discussion a. .Opt!OO_A b. Option_B 2. EY 2010 Budg<>! 3. f.l__~O..1J;LGrant AO~i!lJto_n.s a. <i!::ant AoJili~it.tiO"_$ 4. Clam__PassMaioierra.l1~e_D_r.e.dgil1--9JIidiJl fJ}J...shiI1Q1.Permit.ARp~~ti.on 5. Clam Bay Navigational Markers a. B.~~lqJp Ma1.erjjllJ 6. Clam BJ1V__Wii_ter Oualitv/ft'-'lihin-9_ProDosaJ 7. CQJJ.ier. Beache..s....D_csign/Revalu.iltiQn_.PrOP_QS..aJ 8. ~CLI$limd ..leach Uoda.te: 9. Bioloaica!M_Qniwti['l_9--:"_Upc:late 10. Gordon.BiyerP_redaina :__VPdiite 11. Wiggings Pas!iLt)Qct_ors_Pass.J).nt.d-9ing,- Updilte 12 W.Jggins Pa5$__MQd.ellng.Re.~Qmmen.d,ations 13. CP&E Modeling Performance and Recent Court Judgement - Discussion 14. WioGins PaSs._!;ngjJ..~rjJlaandJ;)ermittifl---9 15. CAe ApJdi_c_ations IX. Old Business X. Announcements 1. Service Re..tognJtio..n AW...B!::d http://www.colliergov.netlindex.aspx?page=263 7 4/6/2009 Collier County: April 9, 2009 Page 2 of2 XI. Committee Member Oiscussion 1. ~ Dailv News Art~Je~I~J9~_ XII. Next Meeting Date/Location May 14, 2009 - Government Center, Administration Bldg. F, 3rd Floor XII. 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. 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 3 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.netlindex.aspx?page=263 7 4/6/2009 April 9, 2009 I. Call to Order Chairman Sorey called the meeting to order at I :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 subject to the following changes: Item VilA, 5, 6 be heard after item VII. Updated plans for items VIILl.a and b. Distribution of a letter from Brad Cornell of the Audubon Society Re: Clam Bay items Item VII.2 Updated Grant applications Second by Mr. Burke. Carried unanimously 6-0. V. Public Comments Ken Humiston, Humiston and Moore Engineers addressed the Committee regarding past discussion on comparisons of the 2007 Wiggins Pass Study prepared by his firm and the recent Coastal Planning Engineering, Inc. (CPE) study noting the following: . The Humiston and Moore Engineers Study evaluated non structural alternatives, however the findings were non-structural alternatives (as a stand alone solution) would not meet the County's goals and objectives. . As a result of that finding, the County sought a second opinion from CPE. . Both studies were completed with "State of the Art", advanced technical tools. . The Humiston and Moore study found the problem at the Pass were due to cumulative effects of past maintenances at the Pass, particularly on recommendations by CPE with previous dredges activities. . The CPE study agreed with this finding and has taken steps to correct the situation. . CPE believes, with the solution recommended in the study, a 4-year dredge cycle will be possible, which Humiston and Moore do not agree with. . He supports the County moving forward with the recommendation by CPE, however ifit is unsuccessful, the information in the Humiston and Moore study will continue to provide valuable information in Management of the inlet. 2 April 9, 2009 VI. Approval of CAC Minutes 1. March 12, 2009 Mr. Magel moved to approve the minutes of the March 12, 2009 meeting. Second by Mr. Forcht. Carried unanimously 6-0. VII. Staff Reports 1. Revenue Report - Gary McAlpin The Committee reviewed "Collier County Tourist Tax - YTD Report by Account Type" updated through March of2009. It was noted collections have decreased from the previous year time frame, and Staff will continue to monitor the budget. Staff will evaluate additional means to colIect Tourist Tax (i.e., condominium owners renting units without paying the required tax). The Committee requested Staff place an item on a future agenda on "enforcement of collections" of the Tourist Tax. 2. Projected Cost Report - Gary McAlpin The Committee reviewed "FY 2009/2010 TDC Category "A" Beach Maintenance Projects" dated April 9, 2009. VIII. New Business 4. Clam Pass Maintenance Dredging (Tidal Flushing) Permit Application Gary McAlpin, Coastal Zone Management Director provided the Executive Summary "Recommend Approval of the Coastal Advisory Committee the Clam Pass Maintenance Dredging Permit Application that is required to perform tidal flushing of Clam Bay Estuary and necessary to re-open the pass in the event of storm closures" dated April 9, 2009. He highlighted the fol1owing: . The existing permit applicable to this activity expired in 2008. . A I-year renewal of the permit was obtained by the County which expires in July of2009. . The new application for a 1 O-year permit has been prepared on the same basis as the existing permit (dredging cuts, dredging depth,). . The basis of the discharge location and contours has been altered due to new height elevations (to reflect existing dune conditions). . The application has been modified to identify that the primary focus of the activity is for tidal flushing and any beach quality sand utilized that may be obtained from the activity is a byproduct of the operation. . The Clam Bay Advisory Committee and related Subcommittees input has been considered in preparation of the application. . The application is to ensure if the Pass closes due to Storm events or tidal flushing is required for maintenance, it may be legal1y conducted as necessary. A document from Kathy Worley, Clam Bay Advisory Group Member to Gary McAlpin regarding the application was submitted for review. Staff addressed the concerns as shown in "Bold" in the document. 3 April 9, 2009 Speakers Rich Yovanovich, Attorney for Pelican Bay Foundation, noted the following: . The Pelican Bay Foundation is the Declarant in the deed in which the Clam Bay parcel was granted to the County. . The deed clearly states "no dredging is to occur without the Declarant's approval" . To date the application has not been submitted to the Foundation for review and approval. . He has been told by Collier County Staff that their request for a copy of the application will be "taken under advisement." . The Foundation requests a copy of the permit, and if the application verifies the parameters for the dredging are the same, they will not object to the application. He requested the Coastal Advisory Committee direct Staff to provide a "copy of the application" to the Foundation. Discussion occurred whether this request has been made through the Clam Bay Advisory Board. Gary McAlpin noted the application is a public document, available through an internet link and any individual may obtain a copy of the application. He made a presentation to the Foundation on the application. He requested input from the County Attorney's Office on the status of the County filing the application. Colleen Greene, Assistant County Attorney stated the County Attorney's Office has reviewed the application and determined the County has sufficient basis to proceed with the application at this time. Rich Yovanovich noted the request for a copy of the application was filed with Staff, not the Clam Bay Advisory Committee. He requested clarification ifit is the County's position that the application does not need to be submitted to the Pelican Bay Foundation for review. Colleen Greene stated at this point, it is the County Attorney's opinion the County may go forward with the application. Steven Feldhaus, Pelican Bay Foundation requested clarification on the basis of the determination by the County Attorney's Office. Chairman Sorey stated the request should be made through the County Attorney's Office. Ernest Wu, Seagate Resident noted, in his opinion the waterway is the property of the State of Florida and is for use by all citizens of the State. Marcia Cravens, Mangrove Action Group noted the following: . The original permit in 1998 focused on "beach re-nourishment", not tidal flushing. 4 April 9, 2009 . The natural accretion of sand occurring is protecting the beaches. . The current proposal for dredging is to dredge the Pass wider and deeper than the original proposal. . None of the original cuts were deeper than 4 feet or 40 feet in width. . The current application indicates cut depths of 4 - 5.5 feet and a width to the maximum and practical extent for sand. Linda Roth, Pelican Bay Resident requested the item be removed from the agenda as the Clam Bay Advisory Group has not taken official action on the item. Jim Hoppensteadt, Pelican Bay Foundation noted the plans (application) need to be submitted to the Foundation for review and require their approval It was noted the Clam Bay Advisory Committee approved submittal of the application on March 19, 2009. Discussion occurred on the differences from the original permit and the proposed permits as reported by Speakers. Gary McAlpin noted he cannot verify the source of information provided by speakers. Discussion occurred on whether the proposed pennit is in deviation from the original permit. Chairman Sorey noted Gary McAlpin has stated the parameters for dredging identified in the application are the same as the original pennit. Mr. Burke moved to accept the recommendation of the Clam Bay Advisory Committee relating to the Clam Pass maintenance dredging application. Second by Mr. Forcht. Mr. Rios requested clarification that the current application is the same as before. Chairman Sorey noted, and Gary McAlpin concurred, there are some minor modifications to the proposed application, however the "dredge template" is the same as before. Motion carried unanimously 6-0. 5. Clam Bay Navigational Markers a. Backup Material Gary McAlpin provided the Executive Summary "Recommend Approval from the Coastal Advisory Committee to install Navigational Markers in Outer Clam Bay for USACE permit compliance and recommendation to move forward with permitting and installation" dated April 9, 2009. He provided an overview of the map, which showed the types, and locations of proposed navigational markers. 5 April 9, 2009 The following backup material was included: 1. Letter from USACE dated March 2, 2009 directed to County to install Navigational Markers in Clam Bay. 2. February 27, 2009 email and pictures from Pamela Keyes addressing buoys. 3. Collier County Ordinance 96-16 Establishing Clam Bay for Motorized Vessel use at idle speed. 4. City of Naples letter dated February 24, 2009 expressing support for navigational marking of Clam Bay. 5. Quit Claim Deed OR 0966, Page 1841-1862; Declaration of Restrictions OR 0966, Page 1830-1831; Department of Army, Permit 0966, Page 1824-1829 outlining County restrictions against Navigational Dredging 6. Proposed Channel Marker locations and sign age. . A map entitled "Clam Pass -- Marker Locations" on Page 2 of the Executive Summary. Clarification was sought if any references to navigational marking are in the original deed of the lands transferred to the County. Colleen Greene, Assistant County Attorney noted to her knowledge navigational markers are not addressed in the deed, however she would need to research the documents to provide verification. Sneakers Rich Yovanovich, Attorney for Pelican Bay Foundation noted the following: . The Foundation does not object to the signage in the Pass and in favor of the signage proposed by them. . The Foundation is concerned the type of signage proposed will encourage boaters unfamiliar with the System, to enter the System. . They recognize Seagate's rights to utilize the system for boating purposes. . Signage may be the next step to navigational dredging. Marcia Cravens, Mangrove Action Group submitted a document "Memorandum Florida Department of Environmental Protection" dated June 9, 2008 to Gary McAlpin from Lanie Edwards, Environmental Permitting Section - Subject "Interpretation of Joint Coastal Permit: Clam Bay Restoration and Long Term Management Project (0128463-001-JC)" and noted the following: . FDEP is the lead Agency in this issue, not the Coast Guard or the US Army Corps of Engineers. 6 April 9, 2009 . She has spoken to Donald Kinard who told her the Corps is not pushing for the installation of navigational aids and the Corps would accept an alternative plan and questions why red and green markers are proposed. . 1,965 persons have signed a petition who object to the placement of the markers. Sarah Wu, Seagate Resident requested support for the proposal, which was endorsed by the Clam Bay Advisory Committee. The plan is a compromise compared to the plan proposed a year ago. She requested the CAC move the item forward for among other things, safety purposes. Ernest Wu, Seagate Resident stated the waterway markers should be as required by the US Coast Guard, as the US Coast Guard has a track record of boater safety. He expressed concern without navigational aids, the County is subject to liability Issues. Rick Dykman, Seagate Resident noted the markers were to be placed 10 years ago and the public should be allowed to access the area as it is a public waterway. The sign warning of "local knowledge required" before entering the Pass would serve as deterrence to boaters unfamiliar with the area from entering the Pass. Mr. Magel sought clarification on the reason for utilizing Coast Guard approved markers. Gary McAlpin noted the USACE has indicated the signage be Coast Guard approved. Mr. Burke requested clarification on the status of the alternative Plan submitted by the Pelican Bay Foundation and whether this plan was submitted to the Clam Bay Advisory Committee or related Subcommittees. Rich Yovanovich noted there was a "plan proposed" to Staff, not a plan "submitted" for consideration. He expressed concern Staff was not forwarding information regarding the proposal. Mr. Rios moved to approve (the Executive Summary). Second by Mr. Magel. Motion carried unanimously 6-0. 6. Clam Bay Water Quality/Flushing Proposal Gary McAlpin presented the Executive Summary "Recommend Approval from the Coastal Advisory Committee to contract for Water Quality Monitoring. Data Collection, Circulation/Sediment Modeling and a Natural Resource Characterization Study of the Clam Bay Estuary as outlined in the attached PBS&! proposal dated 4/1/2009 for a time and materials not to exceed price of $265,012" dated April 9, 2009 and noted the following . The study will assist in developing site-specific water quality standards, optimizing data collection and analysis, optimize flushing patterns, 7 April 9, 2009 develop a circulation model, etc. to improve the overall water quality and health of the Estuary. . The funds will be provided from the General Revenue Fund and Coastal Advisory Committee funds. . PBS&J has been selected as a "neutral" consultant and nationally recognized firm in completing the work and registered with the Collier County Purchasing Department. . The Clam Bay Advisory Group Water Quality, et al. Subcommittee approved the proposed Study 4-0. The Committee expressed concern, that the Clam Bay Advisory Committee has not taken official action on the proposed Study. Gary McAlpin noted, for timing purposes, he is requesting the Coastal Advisory Committee approve the proposed Study, and Staff will submit it to the Clam Bay Advisory Group for their approval. Speakers Sarah Wu, Seagate Resident noted the following: . Seagate residents are concerned not only on navigation, but the overall health of the system. . The system is not pristine as stated by some individuals and needs improved water quality to eliminate the stagnant water found adjacent to the Seagate Community . She recommends approval of this item by the Coastal Advisory Committee. Marcia Cravens, Mangrove Action Group noted the following: . Questions the Collier County Purchasing Policy regarding the proposed contract and stated the work should be bid by 3 firms. . She has raised the issue with Steve Carnell (Purchasing Director). . She expressed the proposals do not promote conservation of the Estuary. . The Comprehensive Everglades Restoration Project has indicated the type of circulation modeling proposed is not sufficient for this type of Estuary. Linda Roth, Pelican Bay Resident noted the item has not been presented to the Clam Bay Advisory Committee and recommended they review the proposal before the Coastal Advisory Committee. Dr. Michael Bauer, City of Naples stated he is in favor of the study which will provide factual data and assist in determining the status of the water quality in the system. Gary McAlpin noted: . The proposal is in compliance with Collier County Purchasing Policy. . He intends to submit the proposal to the Clam Bay Advisory Committee (CBAC). 8 April 9, 2009 . If the CBAC does not approve it, he will return to the Coastal Advisory Committee (CAC) for direction. . He is attempting to consolidate Clam Bay items for a Board of County Commissioners agenda. Committee discussion ensued on whether the CBAC should review this item before the CAe. Gary McAlpin requested the item be removed from the agenda. Mr. Hendel moved to continue the item to the May meeting of the Coastal Advisory Committee. Second by Mr. Rios. Carried unanimously 6-0. VIII. New Business Continued 1. FY 2010 10-Year Plan Options and Discussion a. Option A. Gary McAlpin provided a document "TDC Category "A" 195 Fund Projections" - Re: lA - FY20l0 Ten Year Plan with Fay Re-nourishment. b. Option B. Gary McAlpin provided a document "TDC Category "A" 195 Fund Projections" - Re: lB - FY20l0 Ten Year Plan with Fay Re-nourishment. The following was noted during the review of the documents: . The documents provide estimates on I O-year budgeting cycles for the Coastal Zone Management Department and are conceptual. . Consideration should be given to undertaking capital projects in the same time frame to consolidate mobilization efforts, which provide cost savmgs. . Laser Grading or similar activity will continue to be considered for the Marco Island Beaches. Discussion occurred on the impact of a 1 cent increase in the Tourist Tax, and if any funds from this increase would be awarded to Beach Park Facilities. Gary McAlpin noted, it is his understanding, under the current funding ratio, 50 percent of the additional revenue generated from the increase would be awarded to Beaches and Beach Park Facilities. 2. FY 2010 Budget Gary McAlpin provided an overview of the Executive Summary the "FY09/10- 195 Fund Budget and Analysis" dated April 9, 2009. Break- 3:30PM Reconvene - 3:35PM Jack Wert, Tourism Director appeared before the Committee regarding the implications of a possible one-cent increase in the Tourist Tax. He noted: 9 April 9, 2009 . The additional one-cent would raise the overall tax rate from 4 percent to 5 percent. . According to the Florida Statutes, which govern the Tourist Tax, the "4th and 5th cent" may only be used for "promotion of tourism or retirement of bonds on a convention center or professional sports facility." . By County Ordinance, there is a by-product with increased tax rates as any excess funds remaining in Fund 194 at the end of the fiscal year are divided between the Beach Fund and Beach Park Facilities Fund. . The tax increases indirectly create increased funds available to Coastal Zone Management. 3. FY 2010 Grant Applications a. Grant Applications Gary McAlpin provided the Executive Summary "Share TDC Category "A" Grant Applications from the City of Naples, The City of Marco Island and Collier County for FY-09/10" dated April 9, 2009. Mr. Hendel moved to approve the following Grant Applications: I. Rel!ulatorv and Permit Compliance Sea Turtle Protection Program - Collier County Beach Tilling - Collier County Clam Pass Inlet Monitoring - Collier County Doctors Pass Inlet Monitoring - Collier County Caxambas Pass Inlet & Marco South Beach Monitoring - Collier county $25,000 Wiggins Pass Inlet Monitoring - Collier County $30,000 Hideaway Beach Groin/Physical Monitor - Collier County $30,000 Physical Monitoring Collier County Beaches $125,000 Biological Hardbottom and Artificial Reef Monitoring - Collier County SUB TOTAL Second by Mr. Magel. Motion carried unanimously 6-0. Mr. Rios moved to approve the following Grant Applications: 2. Planned Proiects Wiggins Pass Master Plan Engineering and Permitting Clam Pass Ebb Shoal Modeling Collier Beaches Design/Permitting Marco Island Beach/Breakwater Design/Permit Hideaway Beach Erosion Control Structures Small Sand Source Permitting Marco Island Beachwater (Breakwater) and Doctors Pass Jetty Rebuilds Naples Conceptual Drainage Design 10 $162,959 $40,000 $0 $22,700 $275.000 $703,159 $160,717 $125,000 $50,000 $100,000 $1,600,000 $50,000 $700,000 $50.000 SUB TOTAL April 9, 2009 $2,835,717 It was noted "Beachwater" should be revised to "Breakwater" and these are budgeted amounts with exact expenditures to be approved at later dates as required. Second by Mr. Hendel. Motion carried unanimously 6-0. Mr. Rios moved to approve the following Grant Applications: 3. Beach Maintenance Beach Maintenance - Collier County/Marco Island Beach Maintenance - City of Naples Vegetation Repairs/Exotic Removal- County Wide Naples Pier Annualized Repair & Maintenance - City of Naples SUB TOTAL Second by Mr. Hendel. Carried unanimously 6-0. $135,000 $73,460 $75,000 $55,000 $338,640 Mr, Hendel moved to approve the following Grant Applications: 4. Administration Fee's Fund 195 and 183 Administration - Collier County SUB TOTAL Second by Mr. Rios, Carried unanimously 6-0, Items 7 and 8 were heard after item #11 $500.000 $500,000 7, Collier Beaches Design/Revaluation Proposal Gary McAlpin provided an overview of the Executive Summary "Recommend Approval from the Coastal Advisory Committee to contract for a Design Study for Beach Re-nourishment and drainage improvements for Collier County Beach Re- nourishment Program 2009. The Study is to be awarded to Coastal Planning and Engineering based on an April 1, 2009 proposal for not to exceed price, time and materials, price of $50,000" dated April 9, 2009. Mr. Rios moved to approve the Executive Summary "Recommend Approval from the Coastal Advisory Committee to contract for a Design Study for Beach Re-nourishment and drainage improvements for Collier County Beach Re- nourishment Program 2009. The Study is to be awarded to Coastal Planning and Engineering based on an Aprill, 2009 proposal for not to exceed price, time and materials, price of $50,000" dated April 9, 2009.) Second by Mr. Magel. Motion carried unanimously 6-0. II April 9, 2009 8. Marco Island Beach Update Gary McAlpin provided an overview of the Executive Summary "Marco Island Beach Program - Update" dated April 9, 2009. The Committee reached consensus for Staffs recommendation to study the re- nourishment of the Beaches in conjunction with the concept of breakwaters for the area. It was noted the item win be placed on a future agenda for a formal approval. 9. Biological Monitoring - Update Gary McAlpin provided an overview of the Executive Summary "Biological Monitoring Summary" dated April 9, 2009. 10. Gordon River Dredging - Update Gary McAlpin provided an overview of the Executive Summary "Gordon River Dredging Funding - Update" dated April 9, 2009. 11. Wiggins Pass/Doctors Pass Dredging - Update Gary McAlpin provided an overview of the Executive Summary "Wiggins Pass/Doctors Pass Dredging ~ Update" dated April 9, 2009. He noted the dredging Contractor failed to remove 16,000 cubic yards of material at Doctors Pass and needs to re-mobilize to complete the operation. The County will pay the costs associated with the cubic yards of sand removed, but not the re-mobilization costs. 12. Wiggins Pass Modeling Recommendations Gary McAlpin stated this item was approved at the March meeting of the CAe. 13. CP&E Modeling Performance and Recent Court Judgment - Discussion Mr. Burke moved to postpone the item. Second by Mr. Rios. Carried unanimously 6-0. 14. Wiggins Pass Engineering and Permitting Gary McAlpin provided the Executive Summary "Recommend Approval from the Coastal Advisory Committee to contract for the Engineering. Design and Permitting for Wiggins Pass Improvements as outlined in the April 6, 2009 Coastal Planning and Engineering Proposal for $160, 717 on a time and materials, not to exceed price basis" dated April 9, 2009. Mr. Rios moved to approve the Executive Summary "Recommend Approval from the Coastal Advisory Committee to contract for the Engineering, Design and Permitting for Wiggins Pass Improvements as outlined in the April 6, 2009 Coastal Planning and Engineering Proposalfor $160,717 on a time and materials, not to exceed price basis" dated April 9, 2009. Second by Mr. Magel. Motion carried 5 'yes" -1 "no." Mr. Forcht voted "no." 12 April 9, 2009 15. CAC Applications The Committee chose the following nominees requesting appointment to the Coastal Advisory Committee for approval by the BCC: Anthony P. Pires, Jr. - unanimous vote "yes" Joseph A. Moreland - (Magel, Rios, Hendel, "no", - Mr. Burke, Chairman Sorey and Mr. Forcht "yes") James Hoppensteadt - unanimous vote "yes" IX. Old Business None X. Public Comments None XI. Announcements 1. Service Recognition Award It was noted Chairman Sorey has received a Service Recognition Award from the County. XII. Committee Member Discussion 1. Naples Daily News Article 3/1/09 Doug Finlay, former CAC member had submitted a Naples Daily News article for consideration regarding pending State of Florida legislation on beach access. Gary McAlpin noted the County has already indicated their position on the proposal. XIII. Next Meeting Date May 14,2009 - Government Center, Administration Bldg. F, 3'd Floor There being no further business for the good of the County, the meeting was adjourned by order of the chair at 4:08 P.M. Collier County Coastal Advisory Committee John Sorey, III, Chairman These minutes approved by the Board/Committee on as presented or as amended 13 MemorandumFlorida Department of Environmental Protection DATE: June 09. 2008 TO: Gary McAlpin FROM: Lainie Edwards Environmental Pennitting Section Bureau of Bcaches & Coastal Systems SUBJECT: Interpretation of Joint Coastal Permit: Clam Bay Restoration and Long Term Management Project (0128463-001-JC) The Clam Bay Restoration and Long Term Management Project Joint Coastal Permit was written with the intent of environmcntal enhancement. The pcnnit includes descriptions of authorized activities related to the dredging of Clam Pass and the maintenance of the mangrove community. It should be noted that this type of interior watelWay management is not a typically rcgulatcd under the JCP program. In thc futurc drcdging or filling of the interior waterways will be regulated under the ERP program through the DEP South District Office. Howevcr, thc JCP program will continuc to regulate the maintenancc ofa flushing outlet through Clam Pass, but only whcn it involves the dredging and placement of beach compatible sand on the adjacent beaches. The Joint Coastal Pcrmit (on page two) authorizes the activities included in the Clam Bay Restoration and Managcmcnt Plan. This plan referenccs thc marking of the main channel with requirements imposcd by thc United Statcs Coast Guard (USGS). Whilc the JCP permit does authorize this activity through adoption of the Plan. it does not require it, and the Department will not scek compliancc action ovcrthis issue. As stated in the permit, "the Permittee is authorized to implement the CBRMP as setfhrth therein." Note this does not state that the permittee is rcquired to conduct all activities stated thcn.:in. Furthermore, the Joint Coastal Pem,it does spccifically addn.:ss signage / environmental protection markers that the Burcau of Beaches and Coastal Systems requires in the Pass area through Specific Condition 5, which discusses ]() signs required to be installed in specific locations, in order to protect the natural communities as well as the boating public. The Bureau of Beaches and Coastal Systems requiIes that these signs be installed as protective environmental measures (although the wording on the signs will havc to be amended to meet legal requirements of FWC) The required signage intended by the permit is specified within the penn it, and it is clear that the intent of the pcrmit was environmental enhancement rather than navigational enhancements. From the Department's standpoint, the installation of the USCG navigation markers are not a specitic requirement of this permit., and the signage required in Special Condition 5 of the permit would address the Department's environmental enhancement concerns. Thus, it docs not appear that the additional signage would be necessary. Distribution Memo - Permit Application DEP File No. 01 28463-oo1-JC June 9, 2008 Expressway Authority may look at severing ties with PBS&J - WDBO Local News on wd... Page 1 of2 ," '; '--II'-'~' \\':\\'/'C "-l.';()', e'C'I~ ~)',.,: t,. ~ ,}J;.f'~-:"'!"l...~'....'.:: '-" . 1I Usll!n Uve to central Aorida's Breaking News, 5eYere Weather and TI1Iffic Online News WDBO Local News Expt essway Authority may look at severing ties with PBSaJ By lack Stetn @ March 18, 2009 s:oo AM ~link I Comments (1) I TrackBacks (0) They've been assodated with the OrIando-Orange county Expressway Authority since 1982 - a deal that's been worth over $100 million to P8S&J. Audits and grand jury reports haven't been kind to the engineering finn. But It's the case of a $15 million mistake that may sever the ties between P8S&J and the OOCEA. - . " _ 11A 2007 internal audit of the OrIando-Orange County Expressway Authority .,,"l~ that they were given misleading information about their new *', . '~4' , headquarters by engineering finn P8S&J - including a $15 miHion mistake 6.about how much the authority would be able to charge for leasing space in :i.the new $24 million building. t~ut 50 people work at the new headquarters off the 408 - leaving much -~ that office space currently vacant. Meanwhile, the former expressway authority building remains empty, sitting downtown on Magnolia Avenue. Orange County Mayor Rich Crotty told WD80 that he plans to revisit P8S&J's relationship with the authority at the board's March 25th meeting. "What we're going to do is have a board discussion about that arrangement as it exists today,. Crotty said. Categories:Exoressway Authority Tags:ExDresswav Authoritv I !'l!S!l!J Main Index I ~ I BSS_Jllll!! o TrackBacks Usted below are links to b10gs that reference this enby: ~v Authoritv may look at severino ties with P8S&J. Trad<Back URL for this entry: http://wdbo.com/b1ogging/mt-tb.cgl/24874 Add your comment_J What others are saying No public trust Why is this company not have to bid on anything? I don't trust the the expressway authority any more than I would trust P8S&J. The board should be replaced as soon as possible and with pay cuts. By dave @ 03/18/09 09:48:20 AM!:llI!Q!ti!.tM!: http://wdbo.comllocalnews/2009/03/expressway-authority-may-look.html 3/19/2009 Federal Bureau ofInvestigation Miami Field Division Press Release - Department of Justi... Page 1 of I U.S. Department of Justice TDD (202) 514-1888 United States Attorney Southern District of Florida 99 NE 4 Street Miami, FL 33132 (305) 961-9000 March 8, 2007 NEWS RELEASE: TWO PBS&J CORPORATION EMPLOYEES CHARGED R. Alexander Acosta, United States Attorney for the Southern District of Florida, and Jonathan I. Solomon, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Division, announced that defendants, Richard A. WICkett, and H. Michael Dye were charged with violations resulting from a long-term scheme to violate campaign finance laws during their employment with PBS&J Corporation ('PBS&J"). Specifically, defendant Richard A. Wickett was indicted by a Miami federal grand jury for conspiracy to commit mail and wire fraud, in violation of Title 18, U.S.C. Section 371, substantive mail and wire fraud violations, in violation of Title 18, U.S.C. Sections 1341, 1343, and 1346, conspiracy to cause the filing of false statements with the Federal Election Commission (FEC), in violation of 18 U.S.C. Section 371, and two substantive counts of causing the filing of false statements with the FEC in violation of 18 U.S.C. Section 1001. In addition, an information charges defendant H. Michael Dye with conspiracy to cause the filing of false statements with the FEC in violation of Title 18, United States Code, Section 371. According to the charging documents, from the early 1990's through 2003, Wickett and Dye conspired to violate campaign finance laws through various means. Federal law requires accurate disclosure of contributions to candidates for federal office and their principle campaign committees. The defendants caused certain PBS&J employees to claim false expenses for mileage in order to reimburse them for donations to candidates. They created a bank account for PBSJ with checks that omitted the corporate name and address in order to conceal the use of corporate funds donated to candidates. They used corporate checks from a PBS&J subsidiary to reimburse campaign donations, and used employee bonuses as a means to fund campaign donations. Defendant Wickett faces a statutory maximum of five years' imprisonment for each conspiracy count; a fine, and mandatory restitution for the substantive mail and wire fraud counts, and five years' imprisonment for the substantive false statement counts. Defendant Dye faces a statutory maximum term of five years' imprisonment for the conspiracy charged in the information. PBS&J is an employee-owned company based in Florida with approximately 3,900 employees in 80 offices throughout the United States. Mr. Acosta acknowledged the substantial steps the company is taking to prevent future recurrences and thanked them for their continued cooperation in this matter. Mr. Acosta commended the investigative efforts of the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Karen Rochlin. A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.f1sd.uscourts.gov or on http://pacer.f1sd.uscourts.gov. FBI Home Page Miami Home Page Miami Press Releases http://miami.fbi.gov/dojpressrel/pressrel07 /mm20070308.htm 3/19/2009 #07-040: 01-24-07 The PBSJ Corporation Pays $6.4 Million to Settle False Claims Act A... Page I of 1 f) lllepartment of Justire FOR IMMEDIATE RELEASE WEDNESDAY, JANUARY 24,2007 WWW.USDOJ.GOV CIV (202) 514-2007 TOO (202) 514-1888 The PBSJ Corporation Pays $6.4 Million to Settle False Claims Act Allegations WASHINGTON - The PBSJ Corp. (PBSJ), a design and engineering firm based in Florida, has paid more than $6.4 million to resolve claims that it violated the False Claims Act by submitting false and fraudulent claims to the government, the Justice Department announced. The settlement arises from a $36 million embezzlement scheme that took place between 1992 and 2005 and was perpetrated by PBSJ's former Chief Financial Officer and two other employees. The scheme involved shifting funds and fabricating entries in the company's books and records to cover up the fraud, and resulted in PBSJ's audited overhead rates being overstated. The settlement also resolves unrelated issues concerning how PBSJ treated certain indirect costs that also contributed to PBSJ's audited overhead rates being overstated. The inaccurate overhead rates were submitted to the United States in connection with hundreds of contracts with federal agencies for the purposes of contract qualification, contract negotiation, contract billing, and applicable contract and audit reporting requirements. As a result, PBSJ submitted claims to the United States under federal contracts that were false or fraudulent because the claims relied on and incorporated the overstated overhead rates. More than a dozen federal agencies were affected by the fraud, including the Departments ofthe Army, Transportation, Interior and Homeland Security. "Companies that enter into contracts with the govemment must maintain accounting controls and procedures that ensure that the costs and rates that they submit to the government are accurate," said Assistant Attorney General Peter D. Keisler of the Civil Division. Previously, three individuals responsible for the embezzlement, CFO William Scott Deloach, Maria Garcia, and Rosario Licata, pleaded guilty on Sept. 28, 2006 in the Southern District of Florida and currently await sentencing. The criminal investigation of the individuals was conducted by the U.S. Attomey's Office for the Southern District of Florida and the FBI, Miami Field Division. The civil investigation of PBSJ was conducted by the Civil Division of the Department of Justice, the Office of Inspector General for the Department of Transportation, and the Defense Contract Audit Agency. ### 07-040 http://www.usdoj.gov/opa/pr/2007/January/07 ~ civ ~ 040.html 3/19/2009 The Muckraker: BREAKING NEWS: PBS&J Overcharged States by Tens of Millions an... Page I of 3 II SEARCH bLOG I FLAG BLOG I Next Blog' Create Blog Sign Ir; the muckraker 2/15/2007 BREAKING NEWS: PBS&J Overcharged States by Tens of Millions and PBS&J working with Austin Chamber of Commerce to hoodwink press. .,.~ ~. ~' PBS&J Hid Millions in Overcharges The Miami Herald reports today, that PBS&J, a major toll road contractor with TxDOT, is using the $36.6 million embezzlement found in 2006, to hide millions in overcharges. Excerpts from today's news: "PBS&J has attributed some of the millions in over bitting to three former employees who tried to cover up a $36.6 million embezztement. But in filings with the Securities and Exchange CommissiDn, the firm also admitted to its own over billing, although it won't say by how much. One big client, the Florida Department of Transportation, estimated that more than/latf of 1/1e approximately $11 mil/ion it was overcllarged had 1101/1111g to do with the embezzlenwut. " "Attorneys for Garcia said in a court filing that PBS&J is using the embezzlement to hide its own 'over billing." TxDOT did it's own secretive PBS&J investigation in 2006. When reporters found out about the fraud and that TxDOT had stopped giving out PBS&J contracts for some time. TxDOT lefused tu The founder of TexasTolIParty.com shines a light on the dark corners of special interest boondoggles: DDuble tax tolls and Trans Texas CDrridor tax, toll & debt schemes. The Muckraker II '"'CO~'O Sal Coste 10 is the founder of People for Efficient Transportation (TexasToIIParty_com). Costello is a national award winning marketing professional and designer who led the effort to successfully kill hundreds of millions of dollars worth of freeway tolls in Central Texas since 2004. The fight continues. "The nemesis of more than one elected Central Texas politician"- The Austin Chronicle "Costello knows this business of shuttin down toll roads" - FOX7 News View my complete profile r4r-1fS'1'7f9 Nokia Ringtones I_......,,-.IIIDDI.~"''!''-I Blog Archive ... 2009 (3) ... March (1) YOU pay for the Toll Tax Bureaucracy .. January (2) .. 2008 (488) .. 2007 (807) .. 2006 (534) .. 2005 (323) ~tluckraker Gold Muckraker Mega SEARCH ENGINE! Gov. Rick Perry Sen_ Kirk "Double "lax" \'Valsc., Rep. Dawl.na 'Tayolla" Dukes http://salcostello.bloQ.soot.com/2007/0?jhn~:::I ki n a -nf".w~_nn,<_n"P1"I~h!:'l !'oPrl_d<;;lfpc;-I""" h,1""'.2:'_~_A_____.__~n()() ,"_". The Muckraker: BREAKING NEWS: PBS&J Overcharged States by Tens of Millions an... Page 2 of 3 share details, Including how many millions were stolen from taxpayers, and how many millions might be paid back, A Federal grand jury is also investigating PBS&J for illegally reimbursing its employees for campaign contributions In Central Texas, PBS&J has Joined with WashingtDn Group International (WGI) and United Toll Systems (UTS) to track and trace all cars on the $2,5 billion Central Texas Turnpikes that have been opening over the last months, A database of All traffic is being created - Watch this KXAN video report of "Camera's capturing license plates on toll roads'" In a nutshell, here's how It works: PBS&J illegally contributes money to local politicians, they get fat contracts, at times PBS&J charges millions just for studying a problem for years, according to a lawsuit: .PBS&J had done nothing but spend millions of taxpayer dollars to 'study' the problem. . PBS&J working with Austin Chamber of Commerce to hoodwink press. According to a confidential source, PBS&J's Alistair Miller sent out an em ail just 2 days ago, to help fill the upcoming Austin Chamber of Commerce press conference parking lot: From: Miller, Alastair Sent: Tuesday, February 13, 20073: 11 PM To: Austin (All Locations) Subject: Vehicles for Press Conference The Greater Austin Chamber of Commerce is facilitating a press conference at Zilker Park on February 20th at 10:00 am to discuss transpol1ation related issues in our region, We have been requested by the Chamber to provide 20 vehicles in an effort to fill the parking lot where the press conference will be conducted, I am looking for voluntoors to as "ist with this request. I anticipAte il will require apPfOxir 'Oldy 2 to 3 hours of your time. Please lot me know if you have the avai/Db1l1ty and the desire to assist with this assignment and I wi!! proVIde you with furthel de/ails, Toll Shark Mike Heiligenstein Council Brewster "Liar" McCracken Gerald "Oak Hill Toller" Daugherty Rep, Mark "The Bitch" Strama Sen, John Carona Found TxDOT Internal Presentation Exposes TxDOT Lie Parasites 10 of 10: John langmore Parasites 9 of 10: TxDOT's Bob Daigh Parasites 8 of 10: Commissioner Limmer Parasites 7 of 10: Rep, Dukes Payolla Parasites 6 of 10: Alliance of Cities Parasites 5 Df 10: Mike Krusee and Wheatley Parasites 4 of 10: Convicted CRIMINAL Peters Parasites 3 of 10: Austin American Snakesman Parasites 2 of 10: Toll Authority Resignation Refusal Parasites 1 of 10: Deadbeat Heiligenstein TIME Mag: Big Fat Texas Boondoggle? Tolls MORE Dangerous than Freeways 4 Tolls MORE Dangerous than Freeways 3 Tolls MORE Dangerous than Freeways 2 Tolls MORE Dangerous than Freeways 1 MUST READ-KNOW about Freeway Tolls! How was the Muckraker born? Who are Central Texas Toilers? Who are San Antonio Toilers? Who are Statewide Toilers? WHO VOTED TO TOll AUSTIN FREEWAYS? Indexing Gas Tax Costs 30 Times less Than Tolls MORE SEN, WATSON CONFLICTS! Latest Muckraker Videos '~! "'~'-'! I</<c I I >~~,' i ," . ?:! ~u,,-~';?~ . I!' " -:,' I. .'. ~ t I . .. --'" ,!.! . "" . - . ~ ~}" t'''~' f, A I I , I ~----j ! I http://salcostello.blogspot.com/2007 /02/breaking - news- pbs-overcharged -states-by .html 4/7/2009 ISS - FEMA's money trail: "Transparent as mud" '::;'; -M~'__" " ~~ "".~ ~ --n:' .":"'."'-gICi:':?-"':".-.: ,.,.-~ '~\~J-.- Newhouse News reporter Sean Reilly has stayed on the case of post-Katrina contracts in the Gulf, and has unearthed mo,e dubious deaiings, this time with a company called PBS&J. First there's the questionable revolving door of a FEMA-employee-tumed-contractor-exec: Eric Tolbert spent almost three decades on emergency response teams, starting as a paramedic in his native North Carolina and rising to a top job at the Federal Emergency Management Agency- _ Early this year, Tolbert left government service for an executive post at PBS&J, 8 prominent Miami-based engineering firm, Since then, PBS&J has become a behind-the- scenes player in a contracting team that has garnered more than $145 million in government work related to the Hurricane KaMna and Rita recovery efforts, according to interviews and government records, In an e-mail exchange this week, Tolbert said he played no role in winning that business and has "meticulously" abided by rules limiting contacts between former federal employees and their old agencies for at least a year, But the episode typifies the murky methods FEMA has used in shoveling billions of rebuilding dollars to private contractors. "About as transparent as mud." is how Bill Allison of the Washington-based Center for Public Integrity described the process, Then there's the fact that PBS&J didn't list themselves as the contract beneficiary, but instead said the money was going to a small company in Alabama: But PBS&J's name appears nowhere on the agency's list of contract recipients. Instead, the lone contractor named is a small south Alabama water treatment and purification company. Clearbrook LLC, that had previously handled only one federal contract, according to a government database. Clearbrook has about 35 full-time employees, said Chief Executive Bruce Wagner, who confirmed PBS&J's involvement. Government records suggest that putting Clearbrook out front may also have helped the consortium win preferential treatment as a small business. ; http://www,southernstudies,org/2005/10/femas-money-trail-transparent-as-mud.h1mI Page 1 ot4 Election 2~'; Voting ?igr Gulf \Afa~ch Energy VV21 f.;..nzlysis: ,ii., Na'i November 23. 20 ('b. Sen Chamb Over Sugar Pi2,!' November 20, 20 Peace Ac1ivisl P. Heads To ?.cmE E..'{commllni::~ November 18, 20 ~I.!:_:V D':,l'Bi!s El11 i{lan I<1Hing, R~~ Ob-3m3 November 17, 20 8i2"-.~~_' V\latch: i ..:\.ri'JDcatBs 6125 Fire ;;.?jsk November 19, 20 4/9/2009 Public fight over PBS&J at Orlando toller I Toll Roads News Page] of2 J'DLLROA DSne W5 on toll roads. turnpikes. toll bridges, tolllunnels & road pricing Public fight over PBS&J at Orlando toller Postf'c1 SUII, 2009 O~~ )~) 1/ :<'1<1 OOCEA ORLANDO ORANGE COUNTY EXPRESSWAY AUTHORITY PBS&J ~--.- Orlando FL mayor and chair of the toll authority Rich Crotty says he wants longtime operations ~ -~ contractor and consultant PBS&J out at the Orlando Orange County (Toll) Expressway Authority I ,lNUHU_H "..."" (OOCEA). He says the 27 years they've been operating the Orlando toll roads as part of the authority is "too long." He charges that they messed up seriously in estimating the costs of the authority's new head offices, and he says they should never have got involved in political fundraising - hitting up authority vendors for political donations as revealed in a recently released grand jury paper. Another board member agrees, Tanya Juarez, and Harvey Massey who just stepped down from the board have also been outspoken about the need to be rid of PBS&J. See: [",t\'. The public fight is extraordinary since PBS&J are less than a third the way through a new five year contract - although oddly there is no mention of the contract in OOCEA's Dfficial archive of bid results. http://www.expresswayauthority.com/Corporate/ administratiDn/ Contracting/ BidResults.aspx? show=all Also we can't find any press release or any mention of it in mDnthly board minutes although it must be there somewhere. (We did find a Supplemental Agreement with PBS&J for Gopher Tortoise Humane Relocation for SR417.) OOCEA announced in November 2006 that the engineering services contract with PBS&J worth, it was said about $9m/yr then would be rebid for the first time, because as CEO Mike Snyder said: "It's the right thing to do.1I http://www.tollroadsnews.com/node/170S I""", There's a TOLLROADSnews report June 29 2007 saying PBS&J had won reselection as preferred provider of general engineering consultant services. Parsons Transportation of Pasadena CA was the only other contender. PHS" ~J PBS&J was selected based on expertise and capability and the hourly , billing rates and other financial terms were not part of the bid, but were negotiated after the selection. No value was placed on the contract but the previous five-year contract ran an average $16m/year. http://www.tollroadsnews.com/node/20B PBS&J personnel are a substantial presence in the OOCEA offices, although their numbers are nowhere revealed. The company is not mentioned in the latest annual report. - Three and a half years to run ~ 528 i ':.:,~rrn;,:; http://www.tollroadsnews.com/node/4067 41712009 Public fight over PBS&J at Orlando toller I Toll Roads News Page 2 of2 It seems likely the contract was signed in the fall of 2007 so it has only run 18 months of its five year term. If there is 3.5 years to run on the PBS&J contract, the Authority will have to negotiate, or litigate an end to it, if chairman Crotty's wishes to fire them are to be fulfilled. Context for the complaints The fight over PBS&J's tenure occurs in the context of a larger set of controversies about misbehavior by the former chairman Allan Keen, the apparent bribe payment of $107k made to anti-toll activist Alan Guetzloe, the firing of veteran PR and marketing man Ron Pecora, critical audit reports, demands for the termination of chief executive Michael Snyder, attacks on the current chairman Rich Crotty, as well as proposals to rescind a toll increase. 1., This is not a happy family. Previous PBS&J scandal In 2005 PBS&J auditors found that the company and its clients had suffered some $36m losses in a fraud directed by the company's chief financial officer and two others in the Miami office. The fraud was discovered within PBS&J, the three were fired, and the company negotiated restitution with its major clients. The company has about 4,000 employees working Dut of 75 cities and does around $500m a year. It is employee owned. The company is generally well spoken of for the quality of its engineering work. OOCEA operates four major tollroads and a segment of a fifth. It collects around $200m in toll revenue/year. http://www.tollroadsnews.com/nDde/1542 TOLLROADSnews 2009-03-22 TOLLROADSnews Is a journalistic venture of Peter Samuel, 102 West Third Street Unit 1, Frederick MD 21701 USA tel 301 631 1148 email editor@tollroadsnews.com. hltp://www.tollroadsnews.com/node/4067 4/7/2009