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CAC Minutes 11/12/2009 R November 12, 2009 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, November 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 1:00 P.M. in REGULAR SESSION at the Naples City Hall, 735, 8th Street South, Naples, Florida with the following members Present: CHAIRMAN: John Sorey, III VICE CHAIRMAN: Anthony Pires Murray Hendel (Excused) Larry Magel Joseph A. Moreland Ted Forcht (Excused) Victor Rios Jim Burke Robert Raymond ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Colleen Greene, Assistant County Attorney Gail Hambright, Accountant 1 11/9/2009 Collier County: November 12, 2009 November 12, 2009 MEETING AGENDA & NOTICE MEETING AGENDA &. NOTICE COASTAL ADVISORY COMMITTEE (CAe) THURSDAY, NOVEMBER 12, 2009 - 1:00 P.M. City of Naples City Hall, 73S 8th Street South, 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. October 8. 1009 VII. Staff Reports 1. EXDanded Revenue ReDort - Garv MeAIDin 2. Proiect Cost ReDort - Garv McAIDin 3. Clam Bay Status - Update - Navigational Markers - 10 Year Permit - Update Report/Board Actions 4. CAe Funds Reallocation to Tourism Advertising VIII. New Business 1. Clam Bav Data Analysis and Fundina ReDort ~ Discussion - PBS&.J Reoort 2. NaDles Outfall Pi Des - Discussion 3. FEMA Funds - Update 4. Marco Island Renourishment - Discussion/Timing IX. Old Business 1. Biological Monitoring - Update 2. Gordon River Dredging - Update 3. Hideaway Beach Funding - Update 4. Marco Island Funding - Update X. Announcements -CAC 2010 Scheduled Meetinas XI. Committee Member Discussion -December CAC Meeting XII. Next Meeting Date/Location December 10, 2009 - City of Naples Chambers http://www.colliergov.net/index.aspx.p. .. 1/2 11/9/2009 XIII. Adjournment Collier County: November 12, 2009 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.net/index.aspx7p.. . 2/2 November 12,2009 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 Mr. Pires move to approve the Agenda. Second by Mr. Magel. Carried unanimously 7-0. V. Public Comments None VI. Approval of CAC Minutes 1. October 8, 2009 Mr. Moreland moved to approve the minutes of the October 8, 2009 meeting. Second by Mr. Pires. Carried unanimously 7 - O. VII. Staff Reports 1. Expanded Revenue Report - Gary McAlpin The Council reviewed the "Tourist Tax Revenue Report" updated through the September 2009 Collection period. 2. Project Cost Report - Gary McAlpin The Council reviewed the document "FY 2009/2010 TDC Category "A" Beach Maintenance Projects" updated through November 6, 2009. 3. Clam Bay Status - Update Gary McAlpin provided the following updates: - Navigational Markers · The Pelican Bay Foundation has appealed the State of Florida, Department of Environmental Protection's (FDEP) denial of their request for an Administrative Hearing on the "Aids to Navigation" permit. · The US Coast Guard permit is in place to install the navigational markers. · The County will not be installing the markers until all legal issues are resolved with FDEP. · The US Coast Guard and Florida Fish and Wildlife Conservation Commission have granted permission for installation of the "informational signs." · The County intends to install the informational signs in January of201O. 2 November 12, 2009 - 10 -Year Permit Gary McAlpin submitted a memo from Jeffery Tabar ofPBS&J "Clam Pass Joint Coastal Permit (JCP) Application Status Memo," dated November 6,2009 and minutes from a meeting held between Collier County Staff, Consultants and the FDEP. He noted: . The application for the permit was submitted in June of2009. · The application is for tidal flushing and dredging of Clam Pass as needed to ensure the health of the Estuary. · A Request for Additionallnformation (RAI) was provided to the County by the FDEP. · The County held a meeting with the FDEP regarding the application and continues to address the RAI. - Update Report/Board Actions · The Board of County Commissioners (BCe) will hear the Clam Bay Advisory Committee Update Report, Water Quality Study and proposed budget on December 15, 2009. · The CBAC will further review the Water Quality Report prepared by PBS&J at their November 19, 2009 meeting. · The CAC will further review the Water Quality Report at their December 10,2009 meeting. 4. CAC Funds Reallocation to Tourism Advertising · The BCC approved a re-direction of the annual allocations for the Beach Re-nourishment Reserve and the Beach Emergency Reserve funds to the Tourist Development Council's Promotions and Marketing program. · The re-direction is in the amount of $500,000 each, for a period of one year ($IM total). · The TDC had requested a re-direction for a period of2 years; however the BCC authorized the re-direction for I year. · The BCC required Staff submit a Report on the success of the Program after a year to determine if additional funds should be redirected. Speakers Item VII.3 Ted Raia, Pelican Bay Resident read the contents of a letter he plans to deliver to John Arceri, Chairman of the Clam Bay Advisory Committee, which outlines his disappointment with the CBAC, as the goals of the Committee promote identification of problems in Clam Bay, which do not exist. In addition, the water quality data collected and analyzed promotes the misconception that Clam Bay is polluted. The mangroves were dying, and have been preserved via the efforts of the Pelican Bay Services District. Rick Dykman, Seagate Resident addressed the Committee noting he has lived on the Seagate canals since 1983, and the water quality has deteriorated over the course of time as indicated by the Water Quality Report prepared by PBS&J. He 3 November 12, 2009 understands Pelican Bay Services District past commitment to the System, but based on the Report, a new commitment is needed. Item VII.3 - 10 vear permit Ken Humiston, Humiston & Moore provided a memo dated November 11, 2009 "Collier County, CAC, for meeting record, from Humiston & Moore Engineers - Re: Clam Bay, CAC November 12, 2009 Agenda Item VII-3 PBS&J Memo". The memo outlined his concern over statements contained in the PBS&J memo, which are misleading or incorrect. Chairman Sorey requested clarification if Humiston & Moore is in the opinion the water quality is better in the system today than 10 years ago. Mr. Humiston noted his work related to the Study Area is/was for flushing and circulation and could not comment on the Water Quality of the Estuary. Under Committee discussion, the following was noted: Item VII.3 - 10 - Year Permit · The minutes from Collier County/FDEP meeting regarding the 10-year permit are dated August 12, 2009 and the PBS&J memo provided to the CAC today indicates the meeting was held on August 18,2009. This should be corrected as necessary. · The author of the minutes was Jeff Tabar ofPBS&J and should be indicated. · The minutes ofthe meeting may want to be submitted to FDEP for comment. Item VIlA · Convention and Visitors Bureau Staff will be preparing a Report for the BCC on the Return On Investment for the re-directed Beach funds utilized for their advertising and promotion. VIII. New Business 1. Clam Bay Data Analysis and Funding Report - Discussion - PBS&J Report Gary McAlpin provided the Executive Summary "Review and discuss the PBS&J Data Analysis Report and Findings for the Clam Bay Estuarial System" dated November 12,2009 and related "Clam Bay System Data Collection and Analysis, Prepared for: Collier County Coastal Zone Management Department by PBS&J, dated "Final October 2009" (The Report). The Clam Bay Advisory Committee has not approved The Report and will be reviewing it at their November 19,2009 meeting. The item is for informational purposes, but in the future, Staff will be looking for the approval of 3 recommendations: 1. Accept the recommendations of the water-monitoring program. 2. Accept the recommendations to perform age and toxicology tests on the sediment throughout Clam Bay 3. Peiform the water flushing and circulations study. 4 November 12, 2009 He noted it would be inappropriate for the Committee to recommend changes to the findings in a Consultants Report, however sought input from the Committee on any concerns or errors over the technical data provided. Under Committee discussion, the following was noted: · Funds within the CBAC budget have been re-allocated to provide for toxicology tests of the sediment. · The original Best Value Offer (BVO) did not include a scope of work for Moorings Bay. · The Moorings Bay data collection was outlined in the PBS&J proposal and added to the scope of work to ensure the Study analyzed all the components affecting the Estuary. · The BVO required the use of DELFT 3D modeling software so the County may begin to standardize the modeling programs it utilizes for Coastal Zone studies. · A 1981 Report "Diagnostics Feasibility Study for Moorings Bay" prepared by a division ofFDEP, (formerly DER) should be reviewed by the Consultants for any historical data which may be utilized in preparation of their Report. · The Report is entitled "Final 2009," should it be entitled "Draft Report" since it is still in the discussion phase? · Consider revising Page iv - #2 - line 1 of the Report from "In response to water quality concerns, culverts..." to "In response to water quality concerns ill Moorillgs Bay, culverts..." · Consider revising Page iv - #3 -line 4 of the Report from "activities as early as the 1970's." to "activities as early as the 1960's." · The aerial photo date 1958 on page 2 of the Report may be inaccurate. · Consider clarifying the definition ofthe "Clam Bay System" in the Report. · Consider revising Page 13 - 3.2 of the Report - "Task 2 - Status and Trends of Water Quality within Clam and Moorillgs Bays" to "Task 2- Status and Trends of Water Quality within Clam Bay" (based on the text of the Section, which makes no references to "Moorings Bay.") Chairman Sorey noted The Report is for discussion, and requested members submit any comments to Staff so they may be addressed. Staff to provide an email to Committee members outlining any changes made to the Report. Sveaker Ken Humiston, Humiston & Moore a copy of a memo submitted to Gary McAlpin, Director, Collier County Coastal Zone Management dated October 27, 2009 - Re: PBS&J, Clam Bay System Data & Collectioll & Analysis, October 2009 Report. He noted Mr. McAlpin had requested he review the Report prepared by PBS&J and provide comments. The memo provided a variety of comments including concerns that the Report is overly critical of the work 5 November 12, 2009 completed by Humiston & Moore. He expressed concern the scope of work outlined in the BVO required utilization of the DELFT3D software limiting the Consultants who may respond. There are a variety of comparable models, which may be utilized to complete the objectives of the BVO. 2. Naples Outfall Pipes - Discussion Gary McAlpin provided the Executive Summary "Review and discuss Naples storm water drainage pipes and status relative to our next re-nourishment" dated November 12,2009 noting: · The current FDEP permit requires them to approve a Plan to remove the 10 storm water discharge pipes from the beach before the next re- nourishment is undertaken. · The Plan may be approved for an extended time frame based on the resources available. · Collier County has provided $50,000 of Tourist Development Council funds to develop the Plan with the City of Naples to address the issue. · The Plan is in the final stages of being developed and will be submitted by Collier County and City of Naples to the FDEP. Ron Wallace, City of Naples provided a Slideshow on the concept of the Plan and status of the project: · The adverse effects of the discharges have been identified, but not quantified creating an "undefined mandate." In attempt to define the mandate, the adverse effects are being quantified. · The developing of a storm water treatment area is unpractical given the area is already developed. · Consultations with the FDEP Staff confirm the State's intent to have the discharge pipes removed, however the State would not require any action "non-beneficial" to the solution. · In developing the solution, an economically practical and environmentally sound Plan will need to be developed to the "best extent possible" to address the permit condition. Discussion occurred on any existing permits that may be affected by the solution, and if any Federal funding may be available for implementing the Plan. 3. FEMA Funds - Update Gary McAlpin provided the Executive Summary "Share information on the additionalfunding request that the County is pursuing with FEMAfor recovery of additional Gabrielle, Katrina and Wilma funds " dated November 12, 2009. He noted Staff continues to pursue additional FEMA funding which will have an impact on the direction the County takes on beach re-nourishment projects. It is anticipated the decisions for the funding will be made in approximately 4 months. 4. Marco Island Re-nourishment - Discussion/Timing Gary McAlpin provided an update noting: 6 November 12, 2009 · The existing breakwater at South Beach is in need of some additional rock, which will be completed during the next beach re-nourishment. · South Beach is eroded and FEMA funds have been awarded for the repair. · No additional work on the existing T-groins is proposed. · At least one additional breakwater is under consideration for South Beach. · Any proposed activities are being planned in conjunction with FEMA funding and will be completed in approximately 2 years. Discussion occurred on the impacts of delaying beach re-nourishment and related projects based on projected funding sources. The Committee requested Staff prepare economic modeling on the cost impacts of delaying beach re-nourishment projects (future erosion impacts, costs of mobilization, etc.) IX. Old Business Gary McAlpin provided the following updates: 1. Biological Monitoring - Update The Biological Monitoring was completed at a cost of $75,000, which saved the County $130,000. 2. Gordon River Dredging - Update The Gordon River Dredging should occur within the next 10 - 14 days and be completed in 6 weeks. 3. Hideaway Beach Funding - Update The funding portion for the Hideaway Beaches T-groin project attributed to Collier County will be $1.l4M. 4. Marco Island Fnnding - Update Exact figures delineating the expenditures for the Marco Island Beaches will be provided in the future, however the County has spent more on the beaches than revenue generated within the jurisdiction. X. Announcements -CAC 2010 Scheduled Meetings Staff provided a memo "2010 CAC Scheduled Meetings" to the Committee. XI. Committee Member Discussion -December CAC Meeting It was noted, there will be a CAC meeting in December. The Committee requested Staffprovide the Sea Turtle Nesting Report at afuture meeting. XIII. Next Meeting Date 7 November 12, 2009 December 10, 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 3:00 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