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CAC Minutes 10/08/2009 R October 8, 2009 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, October 8, 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 VICE CHAIRMAN: Anthony Pires Murray Hendel Larry Magel Joseph A. Moreland Ted Forcht Victor Rios Jim Burke Robert Raymond (Excused) ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Colleen Greene, Assistant County Attorney Gail Hambright, Accountant Dr. Michael Bauer, City of Naples 1 Collier County: October 8, 2009 Page 1 of2 October 8, 2009 MEETING AGENDA & NOTICE . MEETING AGENDA &. NOTICE COASTAL ADVISORY COMMITTEE (CAC) THURSDAY, OCTOBER 8, 2009 - 1:00 P.M. TURNER BUILDING (Administrative Building F, 3rd Floor Collier County Government Center, 3301 E. Tamiami Trail, Naples) PUBLIC NOTICE 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. AUGust 13. 2009 VII. Staff Reports 1. EXDanded Revenue ReDort - Gary McAIDin 2. Proiect Cost Report - Garv McAlpin VIII. New Business 1. Revised Procedures for CAC 2. CBAC ReDort &. Budget - UDdate DRAFT 3. Wiggins Pass Inlet Modification and Review 4. Biological MonitorinG - UDdate 5. 2009 Beach MonitorinG Results a. ADDendix "A" Comparative Profiles 6. Inlet ManaGement Plan and Critically Eroded Beaches IX. Old Business 1. Gordon River Funding and Dredging 2. Hideaway Beach Erosion Control Structure Funding - Update X. Public Comment XI. Announcements 1. City of NaDles &. Marco Island Letter of ODDosition to Modify Beach Fundina for Tourism Promotion 2. City of NaDles Interlocal Aareement 3. NY Times Articles XII. Committee Member Discussion XIII. Next Meeting Date/Location November 12, 2009 - City of Naples Chambers VX. Adjournment http://www.colliergov.net/index.aspx?page=2 791 10/6/2009 Collier County: October 8, 2009 Page 2 of2 interested parties are invited to attend, and to register to speak and to submit their objections, if any, writing, to the board prior to the meeting if applicable. more information, please contact Gail D. Hambright at (239) 252-2966. you are a person with a disability who needs any accommodation in order to participate in this you are entitled, at no cost to you, to the provision of certain assistance. Please contact the County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112, 252-8380. comments will be limited to 3 minutes unless the Chairman grants permission for additional time. County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying (including, but not limited to, addressing the Board of County Commissioners) before the Board County Commissioners and its advisory boards, register with the Clerk to the Board at the Board and Records Department. http://www.colliergov.net/index.aspx?page=2 791 10/6/2009 October 8, 2009 I. Call to Order Chairman Sorey called the meeting to order at 1 :00 PM II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call Roll Call was taken with a quorum established. IV. Changes and Approval of Agenda Gary McAlpin, Director, Coastal Zone Management provided an update for item VIII.2 (because of a Clam Bay Advisory Group meeting the morning of October 8, 2009.) Mr. Rios moved to approve the Agenda. Second by Mr. Pires. Carried unanimously 7-0. V. Public Comments None VI. Approval of CAC Minutes 1. August 13, 2009 Mr. Rios moved to approve the minutes of the August 13,2009 Meeting subject to the followinl! additions: Page 4, paragraph 4, line 2 from ".. .as necessary." to .. ."as necessary to be consistent with the approved rate schedule. " Page 4, paragraph 6, line 3 from".. ..this Agenda Item did not to utilize the..." to "this Agenda Item did not utilize the..." Page 5, paragraph 3, line 2 from ".. .subcommittees work" to "subcommittee's work.. ." Second by Mr. Burke. Carried unanimously 7-0. VII. Staff Reports 1. Expanded Revenue Report - Gary McAlpin The council reviewed the "Tourist Tax Revenue Report" updated through the August 2009 collection period 2. Project Cost Report - Gary McAlpin The council reviewed the document "FY 200912010 TDC Category "A" Beach Maintenance Projects" updated through September 30, 2009. VIII. New Business Mr. Hendel arrived 1: 12pm 1. Revised Procedures for CAC Gary McAlpin, Director, Coastal Zone Management presented the Executive Summary "Procedures for Coastal Advisory Committee" dated October 8, 2009 and 2 October 8, 2009 a copy of Resolution No. 2004-01, (as revised), Section A-9 which addresses "Order of Business." The committee requested new agenda item (e) - "First Public Comment," as provided in Section A-.9 of the Ordinance, be revised to "Public Comment." It was noted, the 3-minute time limit for "Public Speakers" may be increased. at the Chairman's discretion. Mr. Moreland moved to approve the document "Procedures for Coastal Advisory Committee" dated October 8, 2009. Second by Mr. Rios. Carried unanimously 8-0. 2. CBAC Report & Budget - Update DRAFT Gary McAlpin presented the Executive Summary" Recommend that the Coastal Advisory Committee approve the Clam Bay Advisory Committee update report dated 9/25/09, extend the Clam Bay Advisory Committee to June 30,2010 and approve the proposed budget of $234,917 required to complete the development of a comprehensive, long term management plan for the Clam Bay estuary" and "Clam Bay Advisory Committee - Operational Budget and Capital Requirements - August 2009 through July 2010" dated October 8, 2009. He provided an overview of the activities and the proposed budget prepared by CBAC for their continued activities. He noted the CBAC revised the proposed budget at their meeting on the morning of October 8, 2009. Committee discussion occurred on: . Should the Executive Summary be modified to provide the reasons the CBAC can not meet its deadline of October 15, 2009? . Should the CBAC be extended longer than June 30, 2010? Gary McAlpin responded noting the reasons for not meeting the deadline (the length in seating the committee, the significant amount of time spent on the issue of the originall0-year permit, navigational markers for the System, etc.) will be provided in the Executive Summary prepared for the BCC. The CBAC determined the recommended extension for the committee should be 6 months because some members applied for service in anticipation the committee would sunset on December 31, 2009. Mr. Pires recommended the committee be extended for a longer period due to the status of the permits subject to legal challenges, etc. Gary McAlpin noted the "lO-year permit," aids to navigational, may not be resolved by June 30, 2010, but the Water Quality Management Plan should be completed within the time frame. Mr. Pires expressed concern the Request for Additional Information (RAI) issued by Florida Department of Environmental Protection (FDEP) for the "10 year permit application" cited the omission or misidentification of some technical data. In particular, "the omission of the mean high water line;" exhibits/attachments cited were not found in the application; data on some sheets was "illegible;" the application cited a Joint Coastal Permit (JCP) from a different project ("the application references 3 October 8, 2009 JCP File # 0296087-001, the maintenance assurance quality control program references another file - JCP 012843-001, a completely different project"); and requested the Applicant "make sure the plan submitted is for this project." He expressed concern on these oversights and wants to ensure the County does not pay consultants for addressing items that should have been correct in the original submittal. Gary McAlpin noted the FDEP permit process typically involves a series ofRAI's provided to the applicant. The RAI's usually require the applicant to provide a response to a variety of questions depending on the type of project. The CBAC did review the application and approve its submittal. Chairman Sorey requested Mr. Pires act on the committee's behalf and contact Mr. McAlpin to outline the concerns to ensure the RAI is thoroughly addressed Chairman Sorey noted, in relation to the sun setting of the CBAC some items may need to be returned to the Coastal Advisory Committee for their oversight. The committee noted on page 9 of 11 of the report the term "special committee" should be revised to indicate the activity is being conducted by a "Work Group" (or similar language) comprised of one CBAC member and members of the public. Speaker Linda Roth, Pelican Bay Resident appeared before the council to discuss navigation issues and their relation to the "10 year permit" and the "Clam Bay Restoration and Management Plan." Chairman Sorey noted the Board of County Commissioners has decided the "Aids to Navigation" issue; this is not the forum to address it. Marcia Cravens, Mangrove Action Group presented a DVD "The Greatest Good" and noted there are competing uses in the Clam Bay System. She expressed concern the proposed master plan is re-directing the primary use/focus of the area from wildlife refuge, water quality management, etc. to navigation. The water quality problem that needs to be addressed is in Moorings Bay, Venetian Bay and the Seagate area. These issues should not be linked to the clean water in Clam Bay, which is a healthy diverse system. Mr. Burke moved to approve the Clam Bay Advisory Group Status Report (Work Plan) and recommended the Clam Bay Advisory Group be extended through June 30,2010. Second by Mr. Moreland. Carried unanimously 8-0. 3. Wiggins Pass Inlet Modification and Review Gary McAlpin presented the Executive Summary "Recommend that the Coastal Advisory Committee review and approve the Wiggins Pass Project description. This will serve as the basis for permit and design activity with the required regulatory agencies. Also recommend that the Wiggins Pass Work Group be reestablished to maintain timely community input and review of the final work product" dated October 8, 2009. 4 October 8, 2009 Stephen Keehn, Coastal Planning and Engineering presented a slide show for the proposed solution to extend the dredging cycle at Wiggins Pass. He noted the solution was developed utilizing a computerized morphology model for the pass. The model was created from an extensive amount of research, data collection and analysis. The model continues to be calibrated as data becomes available. Gary McAlpin noted any solutions will be in conformance with the Inlet Management Plan (provide navigation for a 3 foot draft vessel, etc). The soft engineering solution is intended to increase the dredging cycle from 18 months to 4 years (approximately) and stabilize the erosion on the south end of Barefoot Beach. Mr. Rios noted modeling concepts in general, are only as good as the assumptions utilized in developing them and questioned the accuracy in it predicting future conditions. Gary McAlpin noted the model was prepared based on a variety of historic conditions. It is continually re-calibrated, analyzed and compared to actual historic conditions to ensure the results it produces are accurate. Mr. Rios expressed concern over the accuracy of the model predicting future conditions. The committee noted: . Page 3, last paragraph, clarifies the wording to ensure it provides the concept for maintaining navigation for a 3-foot draft vessel. . Page 3, paragraph 2, clarify ifthere are any restrictions due to the Growth Management Plan and Land Development Codes. . The boating community should continue to be educated on the size of boats the pass is designed to accommodate. . The PowerPoint presentation be posted on the Coastal Advisory Committee website. Speaker Dick Lydon, Vanderbilt Resident noted Turkey Bay was similar to Wiggins Pass before it was dredged and straightened 11 years ago. At the time, there were concerns the channel would return to its original alignment after the dredging. It is still navigable today, without any additional dredging. The County is expending too much money dredging Wiggins Pass and believes it can be cut in half with the proposal. Mr. Moreland moved to approve the Executive Summary (Recommend that the Coastal Advisory Committee review and approval the Wiggins Pass project description. This will serve as the basis for permit and design activity with the required regulatory agencies. Also recommend that the Wiggins Pass Work Group be reestablished to maintain timely community input and review of the final work product.'? Second by Mr. Burke. Motion carried 7 'yes" -1 "no." Mr. Pires voted "no. " 5 October 8, 2009 4. Biological Monitoring - Update Gary McAlpin presented the Executive Summary "Information update for the CAC on Biological Monitoring progress" dated October 8, 2009. He provided an overview on the Status ofthe Monitoring Program. 5. 2009 Beach Monitoring Results Gary McAlpin presented the Executive Summary "Share the results of the 2009 Physical Beach Monitoring Survey with the Coastal Advisory Committee dated October 8, 2009 and "Collier County Beach Renourishment Project Three Year Post-Construction Monitoring Report" prepared by Coastal Planning and Engineering dated September 2009. He provided an overview including: . The status and detailed analysis of the monitoring for Collier County Beaches and the City of Naples Beaches, as applicable. . In December, the status of the Marco Beaches will be available. . Staff is in the process reviewing the options for maintaining the beaches over the next 3 years (based on available FEMA funding and the necessity to re-nourish various beaches etc.) The committee determined staff should continue to prepare a set of options for future beach maintenance for their review. a. Appendix "A" Comparative Profiles Gary McAlpin provided "APPENDIX A -COMPARATIVE PROFILES (PRE- CONSTRUCTION NOVEMBER 2005 POST-CONSTRUCTION JUNE 2006 TWO YEAR POST-CONSTRUCTION JUNE/SEPTEMBER 2008 THREE YEAR POST-CONSTRUCTION JULY 2009)" as backup data in relation to the Executive Summary listed above 6. Inlet Management Plan and Critically Eroded Beaches Gary McAlpin presented the Executive Summary "Discuss with the Coastal Advisory Committee recent development of FDEP that will fund Inlet Management Plans that abut critically eroded beaches" dated October 8, 2009. He noted staff would like to request the FDEP review the south end of Barefoot Beach and declare it a "critically eroded beach." This would allow the awarding ofFDEP matching funds for maintenance in the area. The committee reached consensus to move forward on the concept and for staff to return the item to them as an "action item. " IX. Old Business 1. Gordon River Funding and Dredging Gary McAlpin noted the re-bidding process is on going for the Gordon River dredging. 6 October 8, 2009 2. Hideaway Beach Erosion Control Structure Funding - Update Gary McAlpin noted the project has gone out for bidding and indicated the bids are approximately $lM (as opposed to the $1.6M authorized.) Speaker Ken Humiston, Humiston and Moore noted there were 11 bidders on the project and there will be a savings if the project is awarded to the low bidder. He cautioned the low bidder may not be awarded the project, as they may be deemed "not qualified." The awarding of the winning bid may not result in any substantial cost savmgs. Gary McAlpin noted the issue may be returned to the Board of County Commissioners (on the issue if the low bidder is "qualified") and the item was for informational purposes only. X. Public Comments Marcia Cravens, Mangrove Action Group requested the committee begin to consider more environmentally friendly (green) options in maintaining inlets and restoring degrading areas. She expressed concern dredging inlets in near shore areas is somewhat futile, as the areas are dredged and subsequently fill back in with sediment. XI. Announcements 1. City of Naples & Marco Island Letter of Opposition to Modify Beach Funding for Tourism Promotion Gary McAlpin presented a letter from Bill Barnett, Mayor, City of Naples to Donna Fiala, Chairman of the Collier County Board of Commissioners - Re: "Opposition to a Tourist Development Subcommittee recommendation to modify beach funding for tourism promotion" dated August 21, 2009. In addition, a letter from Robert J Popoff, Council Chairman for the City of Marco Island, 2009 to Donna Fiala Chairman of the Board of County Commissioners dated September 25, expressing concern over re-directing emergency beach reserves for tourism promotion. The item was for informational purposes. Speaker Marcia Cravens expressed concern over the opposition to increase funding for marketing as an inordinate amount of TDC Funds are spent on dredging with shrinking amounts of funds spent on tourism promotion. 2. City of Naples Inter-local Agreement Gary McAlpin presented the document "Inter-local Agreement between the County and the City of Naples for Clam Bay Water Quality Study" for informational purposes. 7 October 8, 2009 3. NY Times Articles Gary McAlpin submitted an excerpt from a NY Times article regarding the U.S. Supreme Court hearing on the Florida beach re-nourishment case for informational purposes. XII. Committee Member Discussion Mr. Pires requested clarification on the status ofthe working relationship between the CBAC and Pelican Bay Foundation given legal challenges being brought forth. In addition, he will meet with Mr. McAlpin regarding the concerns expressed in Item VII.2, herein discussed. Gary McAlpin noted the CBAC continues to have a good working relationship with the Pelican Bay Foundation. Mr. Hendel recommended the preparation of the detailed statistics regarding tourist tax collections be generated via the Tourist Development Council. Mr. Rios noted the committee attempts to balance environmental quality with human needs with the activities it oversees. He thanked staff for their diligence in their endeavors. Mr. Magel reported the Tax Collector contacted the development he resides in regarding seasonal rentals, which indicates the office is getting more aggressive in collecting these revenues. XIII. Next Meeting Date November 12,2009 - City of Naples Chambers ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3:15 P.M. Collier County Coastal Advisory Committee John Sorey, III Chairman These minutes approved by the Board/Committee on as presented or as amended 8