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CAC Minutes 05/14/2009 R May 14, 2009 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, May 14, 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 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 (Excused) VICE CHAIRMAN: Anthony Pires Murray Hendel Larry Magel Joseph A. Moreland Ted Forcht (Excused) Victor Rios Jim Burke ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Colleen Greene, Assistant County Attorney Gail Hambright, Accountant Dr. Michael Bauer, City of Naples Collier County: May 14, 2009 Page 1 of2 May 14, 2009 MEETING AGENDA & NOTICE . MEETING AGENDA 8< NOTICE COASTAL ADVISORY COMMITTEE (CAC) THURSDAY, MAY 14, 2009 - 1:00 P.M. TURNER BUILDING (Administrative Building F, 3rd Floor Collier County Government Center, 3301 E. Tamiami Trail, Naples) PUBLIC IIIJ2.TICE I. Call to Order II. Pledge of Allegiance III. Roll Call IV. Changes and Approval of Agenda V. Public Comments VI. Approval of CAC Minutes 1. April 9. 2009 VII. Staff Reports 1. Revenue ReDort ~_G.il!yMcAIDin 2. Project Cost RepQrL-:-J~a!y MCAIPIR VIII. New Business l.Req uesUo r .Re~cili!tiQns 2. tlMn B1U'_WMMQYiJlltrllyshin{Uity~)' 3. P~eview 4. Beach Tax Funding Subcommittee Update 5. ~ Modeling Performance and RecentJ&urt JudgmenL,:.DiscYSSlon IX. Old Business X. Announcements XI. Committee Member Discussion XII. Next Meeting Date/Location June 11, 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. http://www.colliergov.net/index . aspx ?page=2 707 5/8/2009 May 14, 2009 I. Call to Order Mr. Pires chaired the meeting and called it 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. Mr. Moreland was welcomed as a new member of the Coastal Advisory Committee (CAC). IV. Changes and Approval of Agenda Mr. Rios moved to approve the agenda subject to the following: · Addition of Item VlI.6 - Summer Schedule · Under Item VlII.4 - Gary McAlpin submitted email communications between himself and/or his Staff, J ack Wert, Tourism Director and CAC member Ted Forcht regarding 3rd party bookings and Tourist Tax collections. Second by Mr. Burke. Carried unanimously 6-0. V. Public Comments None VI. Approval of CAC Minutes 1. April 9, 2009 Mr. Burke moved to approve the minutes subject to the following changes: · Page 3- item VIllA, New Business, first bullet point - from The existing permit applicable to this activity. .." to "The existing permit (hereafter referenced as existing, or original permit) applicable to this activity..." · Page 4 - paragraph 6, Marcia Cravens comments, first bullet point from "The original permit in 1998 focused on "beach re-nourishment, not tidal flushing." to "The original permit in 1998 was related to tidal flushing, not beach re-nourishment. " Second by Mr. Rios. Carried unanimously 6-0. VII. Staff Reports 1. Revenue Report - Gary McAlpin The Council reviewed the "Tourist Tax Revenue Report - FY 2008 - 2009 updated through April '09" (collections through March '09) dated May 14,2009. It was noted projections indicate revenues for this fiscal year will decrease by approximately 15 - 20 percent over the previous year. The Committee requested a Report, which indicates the percentage changes in collections by categories (single-family short-term rentals, hotel/motels, etc) between this fiscal year and last fiscal year. 2 May 14, 2009 Gary McAlpin noted the Report will be provided next meeting on a month-by- month and overall year-to-date comparison of the data. 2. Project Cost Report - Gary McAlpin The Council reviewed the "FY 2009/2010 TDC Category "A" Beach Maintenance Projects" dated May 14,2009. Discussion ensued regarding the rates of Consultant fees and if they should be reduced given the current economic times. Gary McAlpin noted the County established a "Best Value Offer Program" on May 1,2009, which should assist in addressing the issue. Mr. Rios moved requesting a presentation at the next meeting be given to the Coastal Advisory Committee by the Purchasing Department regarding the "Best Value Offer Program." Second by Mr. Burke. Carried unanimously 6-0. Gary McAlpin expressed concern that Purchasing Policy may be considered "outside the scope" of the Coastal Advisory Committee. VIII. New Business The Committee heard VII 6 before item VII 1. 6. Summer Schedule The Committee reached consensus on canceling the regular meeting for July 2009. 1. Request for Resolutions Gary McAlpin presented the Executive Summary "Recommend Approvalfrom the Coastal Advisory Committee to request that resolutions from the Collier County Board of County Commissioners and The City of Naples be adopted that clearly express no interests or intentions from Collier County or the City of Naples to Navigational Dredge Clam Pass or the Clam Bay System dated May 14, 2009. He noted throughout the Clam Bay Advisory Group meetings, the issue of the County possibly engaging in dredging of Clam Pass/Clam Bay for navigational purposes has arisen. The area is currently dredged for tidal flushing and has not been dredged for navigational purposes in over 50 years. Some individuals have expressed concern with the placement of the navigational markers in the system, the County will undertake dredging for navigational purposes. The Resolution is to address these concerns in a "good faith" effort by the County. Under Committee discussions the following points were raised: · The Resolution is aimed at the Pelican Bay Community, which has expressed the concerns via the Clam Bay Advisory Group. · Dr. Michael Bauer, Natural Resources Director, City of Naples noted a similar Resolution has been requested from the Naples City Council. The Naples City Council Resolution states the City doesn't support 3 May 14, 2009 dredging unless a Study indicates dredging is necessary for the health ofthe system. · Concerns the document could be utilized for future arguments on whether navigation is allowed in the System. · Concern over the wording in the document including "the Board of County Commission opposes navigational dredging" which may infringe on the rights of the Seagate Community. · Questioning the need or necessity for a Resolution. · The Clam Bay Advisory Group approved the Resolution and the Coastal Advisory Committee should support it. · Concern the Resolution is non-binding and unenforceable as it is Policy, not law. · Concern it is not a legally binding document, in the future individuals could utilize the document in legal proceedings involving the issue of dredging. · In the event applications for dredging are filed, there will be full public hearings, which will vent all issues at the time, rendering the Resolution unnecessary. Gary McAlpin noted Staff is requesting approval of the Resolution, and the Clam Bay Advisory Committee considered the Resolution as a good faith effort by the County to the Pelican Bay Community. Speaker Sarah Wu, Seagate Resident read a statement into the record from the Seagate Homeowners Assoc. outlining the following: · Encourages the Coastal Advisory Committee to vote "no" on the Resolution · Spot dredging may be required in the future due to acts of nature, etc. · The Resolution targets the Seagate Community which has no intention to request navigational dredging, and hasn't in 50 years. · The Resolution is pre-mature due to the Water Quality Study being completed, which will assist in determining requirements of dredging for tidal flushing, etc. · The Resolution may be utilized in future legal challenges regarding navigation within the system. · Seagate is willing to set up a self-taxing district to assist in keeping the canal and waterways open. Colleen Greene, Assistant County Attorney noted the Resolution would not affect any restrictions currently in the deed from the Pelican Bay Foundation (or its predecessor) to Collier County for the Clam Bay property. The Resolution could be repealed at any time with proper public notice. Mr. Burke moved to approve the Resolution as submitted. Second by Mr. Magel. 4 May 14, 2009 Some members felt the Coastal Advisory Committee should support the decision by the Clam Bay Advisory Group, as it is a show of "good faith," and it is "non binding Resolution." Other members expressed concern the Resolution is unnecessary, unenforceable and may inappropriately be utilized in future legal proceedings as evidentiary material. Motion failed 3 'yes" - 3 "no." Mr. Pires, Mr. Hendel and Mr. Rios voted "no. " 2. Clam Bay Water Quality-Flushing Study Gary McAlpin presented the Executive Summary "Recommend Approval from the Coastal Advisory Committee to contract with the successful Best Value Offer (BVO) consultant under Contract 07-4153 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 BVO request" dated May 14, 2009. Gary McAlpin noted: · The County has been working with PBS&J over the past 9 months to develop the scope of work for a proposed water quality study of Clam Bay Estuary in which they submitted a proposed Study at a cost of $265,000. · Clam Bay Advisory Group approved the proposed Study (to be forwarded to the Coastal Advisory Committee (CAC) for approval). · The Coastal Zone Management Department is now subject to the "Best Value Offer Program" and Staff is requesting approval from CAC for the Coastal Zone Management Department to move forward with the proposal through the Program. · As a pre-cursor to the Study, previous modeling programs, data and studies were analyzed to develop the scope of work in the proposed Study. Mr. Rios moved to approve the Executive Summary ("Recommend Approval from the Coastal Advisory Committee to contract with the successful Best Value Offer (BVO) consultant under Contract 07-4153 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 BVO request" dated May 14,2009). Second by Mr. Burke. Carried unanimously 6-0. 3. Peer Review Gary McAlpin presented the Executive Summary "Recommend Approval from the Coastal Advisory Committee to provide Peer Review from Turrell-Hall and Associates, Humiston and Moore, Coastal Planning and Engineering and Dr. Dean from the University of Florida to the Clam Bay Water Quality Monitoring 5 - '-'-',' ~"_",,_.~'W_~'_','~>~.._',""=_'ri~..~_.._,_.,, -. "._"'-~_'_'''''"'''~''''~''''''''''__"''''''''~'''''=''__",..",__,._.",...:-.....,""',,--"",.,,""'-_..-~*"..,..;...,.,"'...."-_;<I;l__"'..:-<.......-c"..".."""'""""".,-....,,,,.. ,~.'~ May 14, 2009 Data Collection, Circulation/sediment Model and Natural Resources characterization Study. The cost for the peer review is expected not to exceed $50,000" dated May 14, 2009. He noted Peer Review will ensure the Study utilizes the "best science" possible and occur at the 50% and 90% completion mark of the Study, as well as review of the final product. Gary McAlpin noted the Consultants for the Peer Review are not on the list of Consultants under consideration for performing the proposed Water Quality Study. Mr. Magel moved to approve the Peer Review (Executive Summary "Recommend Approval from the Coastal Advisory Committee to provide Peer Review from Turrell-Hall and Associates, Humiston and Moore, Coastal Planning and Engineering and Dr. Dean from the University of Florida to the Clam Bay Water Quality Monitoring Data Collection, Circulation/sediment Model and Natural Resources characterization Study. The cost for the peer review is expected not to exceed $50,000" dated May 14,2009) at a cost of $50,000. Second by Mr. Rios. Carried unanimously 6-0. 4. Beach Tax Funding Subcommittee Update Mr. Hendel provided an update on the Tourist Development Council Subcommittee reviewing Tourist Development Funding in the County. The Subcommittee will provide their recommendations to the Tourist Development Council. The next Subcommittee meeting is scheduled for June 1,2009. 5. CP&E Modeling Performance and Recent Court Judgment-Discussion Steve Keehn, Coastal Planning & Engineering appeared before the Committee to provide an overview of an Administrative Law Judge decision in a permit involving the Town of Palm Beach. He presented a slideshow and related document "Town of Palm Beach, Reach 8 Beach Restoration Technical Comments on and Implications of the Recommended Order of Beach Nourishment in Florida" prepared by Coastal Planning and Engineering. He highlighted the following: · CP&E was retained by the Town of Palm Beach to obtain a Florida Department of Environmental Protection (FDEP) Permit for Beach Re- nourishment. · "Intent to Issue" was awarded for the Permit from FDEP in 2008. · Various parties filed an appeal and an Administrative Law Judge recommended not issuing the permit. · The main point of contention was the accuracy of the modeling program utilized (GENIS IS) and the lack of ability to verify the model. · He gave an overview of the case, which included the parties and witnesses involved; the type of modeling software (GENISIS) utilized to project morphology, misinterpretations of terms and data by the judge and the strategy for presentation of the case by the Town of Palm Beach. 6 ,."""'.Ow...".......___""..~"'''''._.M.._,''''........,"",..~ ",.. " ,..,~,'"-_"'___,""__~"'"_.""'......_~~""_,.,,__._., May 14, 2009 · Compared the modeling program utilized for Wiggins Pass (DELFT3D) vs. modeling Program (GENISIS) utilized for the Town of Palm Beach application noting DELFT3D is a much more comprehensive model which utilizes more parameters in calibrating the model to ensure accuracy. · FDEP noticed "Intent to Issue" Permit based on CP&E's work, which was the purpose of the original scope of work requested of CPE by the Town of Palm Beach. Discussion ensued on the legal strategy undertaken and future options for the Town of Palm Beach in regards to the issue. Mr. Pires noted the overall concern is how Collier County may proceed with any future permit applications based on modeling programs utilized by Consultants and if challenges to permits are made, the County is prepared to respond. Speaker Marcia Cravens noted the FDEP may be re-considering their beach management program in relation to harvesting near shore sand by dredging inlets and ebb shoals. The main contention in the case was the sand to be utilized had many fines as a component promoting migration to nearshore hard-bottoms. These decisions may impact future beach maintenance practices in Collier County. Gary McAlpin agreed the issue is critical and the County monitors its beaches and nearshore hard-bottom on an annual basis. The monitoring data to date indicates sand is moving away from the hard-bottoms, not migrating to the hard- bottoms. IX. Old Business None X. Announcements None XI. Committee Member Discussion Mr. Moreland disclosed he is President of the Estuary Conservation Association and submitted a copy of the "Amended and Restated Articles of Incorporation, filed on January 31, 2005 for Estuary Conservation Association, Inc. " to the County Attorney's Office for review to ensure no conflicts of interest exist in his membership on the Coastal Advisory Committee. XIII. Next Meeting Date June 11,2009 - 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 3:00 P.M. 7 ....._.,."'......._,"...,m~,...,'_,.......",....,^..,,"""'_"'^".___W""___"''''''''"''_~''''_",",__.,.,...:."""""____,,.,"~,,"."., May 14, 2009 Collier County Coastal Advisory Committee Anthony Pires, Vice-Chairman These minutes approved by the Board/Committee on as presented or as amended 8 '~'''''''''~-'">>''"''~'-'''''''.''~'''''''~''''''--~-''-'';'''''-'''_''''''''''"'''''''''__'~''_'n"~I'''','',,~_..',~_,.,,~_,,,~, __'~"_"_.'_""""_"~".__",__.___~._.___._.~