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CAC Minutes 12/10/2009 R December 10, 2009 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, December 10,2009 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 Joseph A. Moreland Ted F orcht Victor Rios Jim Burke Robert Raymond 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: December 10, 2009 Page 1 of2 December 10, 2009 MEETING AGENDA & NOTICE MEETING AGENDA & NOTICE COASTAL ADVISORY COMMITTEE (CAC) THURSDAY, DECEMBER 10, 2009 - 1:00 P.M. City of Naples City Hall, 735 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. November 12. 2009 VII. Staff Reports 1. Expanded Revenue Report - Gary McAlpin 2. Project Cost Report - Gary McAlpin VIII. New Business 1. Clam Bay Data Analvsis and Funding Report - Discussion - PBSlU Report IX. Old Business X. Announcements - Public Notice for Grant Applications XI. Committee Member Discussion XII. Next Meeting Date/Location January 14, 2010 - City of Naples Chambers XIII. 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=2828 12/28/2009 Collier County: December 10, 2009 Page 2 of2 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=2828 12/28/2009 December 10, 2009 I. Call to Order Chairman Sorey called the meeting to order at 1 :00 P.M. 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. Second by Mr. Pires. Carried unanimously 8-0. V. Public Comments None VI. Approval of CAC Minutes 1. November 12, 2009 Mr. Burke moved to approve the minutes of the November 12,2009 meeting subject to the following additions: (Shown in bold italic) Page 5, paragraph 2: Under Committee discussion, the following was noted: . Funds within the CBAC budget have been re-allocated to provide for toxicology tests ofthe sediment. - Gary McAlpin . The original Best Value Offer (BVO) did not include a scope of work for Moorings Bay. - Mr. Pires . 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. - Gary McAlpin . 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. Gary McAlpin was unsure if PBS&J possessed the DELFT3D Software. - Gary McAlpin . 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. - Mr. Pires . The report is entitled "Final 2009," should it be entitled "Draft Report" since it is still in the discussion phase? - Mr. Pires . 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 in Moorings Bay, culverts..." - Mr. Pires . 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." - Mr. Pires . The aerial photo date 1958 on page 2 of the report may be inaccurate. 2 December 10, 2009 . Consider clarifying the definition of the "Clam Bay System" in the report. - Mr. Pires . Consider revising Page 13 - 3.2 of the Report - "Task 2 - Status and Trends of Water Quality within Clam and Moorings 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. ") - Mr. Pires . Page 6, paragraph 2, anywhere in text "Plan" to ''plan'' Second by Mr. Rios. Carried unanimously 8-0. VII. Staff Reports 1. Expanded Revenue Report - Gary McAlpin The Council reviewed the "Tourist Tax Revenue Report" updated through the October 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 30, 2009. Gary McAlpin noted the Tourist Development Council has recommended to the Board of County Commissioners, the interest earned on TDC Funds, (Beach Re- nourishment accounts, etc.) be re-directed to Tourism Marketing and Promotions for a term of 3 years. The interest on the funds was previously allocated to the County Clerk to assist in funding his operations. IX. New Business 1. Clam Bay Data Analysis and Funding Report - Discussion - PBS&J Report Gary McAlpin provided the Executive Summary" Review and address comments on the PBS&J Data Analysis Report and Findings for the Clam Bay Estuary and approve the recommendations listed below" dated December 1 0, 2009. Staff is requesting Coastal Advisory Committee (CAC) approval of the following 3 recommendations: 1. Approve moving forward with a water monitoring program as outlined in the Report. (The item was approved by the CBAC on November 19,2009 by a 9-0 vote.) 2. Approve moving forward with additional sediment toxicology and aging data collection/analysis. (The item was approved by the CBAC on November 19, 2009 by a 5-4 vote.) 3. Approve the water circulationlflushing modeling program. (The item was approved by the CBAC on November 19,2009 by a 7-2 vote.) David Tamasko of PBS&J provided an overview of the activities leading to the recommendations: 3 December 10, 2009 Recommendation # 1 . If State Water Quality Standards are not met on a particular body of water, FDEP declares the water as "impaired" and may require certain TMDL's (Total Maximum Daily Loads), known as the "TMDL Program" . In addition to certain mandates, the TMDL Program allows the Agency to deny permit applications to areas affected by the "TMDL Program." . The County employed PBS&J to conduct a water quality study of the Clam Bay System to determine ifthere are water quality concerns within the system as related to the "TMDL Program." . Their study indicated many of the samples for dissolved oxygen and nutrient content in areas of Clam Bay; meet the FDEP threshold of "impaired. " The findings in the Study led to the recommendation for the County to develop a water quality program to address the concerns. Recommendation #2 . The PBS&J Study determined some areas of the Clam Bay System are characterized by a fine grain sediment layer. . A fine grain sediment layer prevents the penetration of oxygen into the soil possibly affecting the existence of certain living organisms and traps toxins which may be detrimental to the health of the Estuary. The finding led to the recommendation of analyzing the age and contents of the fine grain sediments to determine if it is natural or a non-natural occurrence. Recommendation #3 Todd Demundo ofPBS&J provided on overview of the data collected; data was collected the end of August 2009 with 16 instruments over an 8 day period. . Individuals have questioned if the 8 day collection period is a sufficient period of time for the data to be utilized in developing a model. . Although as much information as possible is beneficial to a study, the period of 8 days and utilization of 16 instruments was predicated by cost. . Some data collection was affected by instrument malfunction and vandalization. . In his opinion, (even with the malfunctions and vandalization of instruments) the data collected is of sufficient nature to predict the system trends (water velocity, tidal flow, etc) necessary to develop the water circulation/flushing model. . With respect to their finding the net water flow is southerly from Clam Bay into Moorings Bay, most historic studies recognize the fact (with the exception of the 1996 Tackney Report which "assumed" the net flow was uniform in both directions). 4 December 10, 2009 Speakers Mary Johnson, Pelican Bay Resident submitted a document "Comments to Coastal Advisory Committee Re: Clam Bay Data Analysis and Funding Report" dated December 10,2009. She noted recommendation #1 for a Water Quality Monitoring Program be coordinated with the Monitoring Program underway with the Pelican Bay Services Division. The study only found modest levels of impairment and the degradation of water quality in the system is minimal. She expressed concern over the means of the data collection for the data to be utilized for the circulation/flushing modeling study. Rick Dykman, Seagate Homeowners Assocs. stated the Association strongly supports the 3 recommendations proposed in the Executive Summary. Sarah Wu, Seagate Resident supports the 3 recommendations proposed in the Executive Summary as the result of the process will be a management plan prepared by CBAC which needs to be "science and data driven." Marcia Cravens, President, Mangrove Action Group noted the findings should be fact and science driven but expressed concern actions proposed such as dredging will have a negative impact on the sea grass and wildlife occupying the system. She submitted documents including a petition signed by 2,108 persons opposing any plans to degrade the system, wildlife surveys, a diagnostic feasibility study for Moorings Bay, etc. She recommended a complete environmental survey be completed of the area before moving forward. Mr. Pires submitted the document "Some Comments, Corrections & Critique of that certain document "Clam Bay System Data Collection & Analysis" Prepared by PBS&J for Collier County Coastal Zone Management denoted as "Final October 20009" dated December 10,2009 for consideration by the Committee. He reviewed many of the comments contained in the document and questioned the reliability and credibility of the entire report due to: "obvious errors or omissions of fact that color the narrative;" and "omissions of references to prior pertinent studies when the report was originally presented." Based on the observations contained in the document, he recommended the Board of County Commissioners not accept the report. Chairman Sorey recommended Staff forward Mr. Pires's document to the Board of County Commissioners for their consideration when reviewing the recommendations. Mr. Rios expressed concern the data collected for the circulation/flushing model is not comprehensive enough affecting the reliability of the modeling. Chairman Sorey noted the issue is water quality and the recommendations will address the issue and allow the process to move to the next phase. 5 December 10, 2009 Mr. Hendel moved to accept the 3 recommendations as approved by the Clam Bay Advisory Committee: 1. Approve moving forward with a water-monitoring program as outlined in the Report. 2. Approve moving forward with additional sediment toxicology and aging data collection/analysis. 3. Approve the water circulation/flushing modeling program. Second by Mr. Burke. Gary McAlpin noted . Recommendation #1 is to develop the water quality monitoring program, not propose any actions based on the results of a program. . The circulation/flushing modeling will be critical to assist in predicting the end results of any actions proposed for the estuary. . PBS&J will employ Coastal Planning and Engineering (CPE) to develop the DELFT3D modeling. . The 3 recommendations are critical to developing a management plan for the estuary. . Any inaccurate aerial photos within the report will be corrected. . PBS&J has indicated the data collection is sufficient to complete the modeling. . The modeling will be subject to Peer Review. Mr. Pires suggested the vote on the recommendations be individual, per the actions of the Clam Bay Advisory Committee. Chairman Sorey noted the motion was appropriate as stated (voting on all three recommendations at once). Mr. Pires re-iterated his concern the report does not adequately define the "Clam Bay System" and recommended the report be amended to provide a definition. He also asked if there would be any additional costs to the County for CPE developing the circulation/flushing model. Chairman Sorey stated it is not the Committee's function to alter a Consultant's Report. In answer to Mr. Pires question, Mr. McAlpin noted there will be no additional costs to the County. Mr. Rios requested clarification on the format ofthe Peer Review: Gary McAlpin clarified the format by the following: . The Peer Review is anticipated to be completed by a "non consultant" as approved by the County and the Pelican Bay Services Division with costs borne jointly. . The Peer Review will be for the report, and development of the modeling program at the stage of its initiation and 30, 50 and 90 percent phases of development. 6 December 10, 2009 In closing, Gary McAlpin stated the Peer Review will include analyzation of the existing data collection to ensure it is comprehensive enough to develop the model. Motion carried 7 "yes" -1 "no." Mr. Pires voted no. Mr. Pires stated he is infavor of recommendations #1 and #2, not #3 until a sufficient Peer Review of the existing information has been performed. This predicated his "no" vote on the motion. X. Old Business None XI. Announcements _ Public Notice for Grant Applications Gary McAlpin provided written notification to the Committee that the Coastal Advisory Committee is currently accepting Category "A" grant applications for Fiscal Year 2010-2011. The application is located on the following web page www.colliergov.net/Index.aspx?page=1352 and is due by the close of business Wednesday, March 31, 2010. Applications can be mailed to the Coastal Zone Management office, W. Harmon Turner Bldg., Suite 103, East Tamiami Trail, Naples, FL 34112. XII. Committee Member Discussion Mr. Moreland requested an update on the Wiggins Pass Modeling Study and permit applications. Gary McAlpin noted the Modeling Study is completed. The permit application will include the modeling and be submitted to the FDEP by the end of the year. The FDEP has been involved in the process. Mr. Burke expressed concern, the time extensions of the Clam Bay Advisory Committee may create an environment of extensive member turnover. Mr. Pires requested clarification if the "Peer Review" will be subject to the Competitive Consultants Negotiations Act and an update on the navigational markers permit for Clam Bay. Gary McAlpin noted the CCNA requirements will depend on the costs of the Peer Review. The 3 permits under consideration are the Navigational Markers, Regulatory Markers and Informational signs. The Informational signs have been approved by the various Agencies; the regulatory markers (caution idle speed, no wake) are still under review by Florida Fish and Wildlife Conservation Commission and if not approved by them, the County will address the issue with the FDEP; the navigational marker permit is still under consideration due to legal issues. Mr. Rios thanked Gary McAlpin for the site visit to Marco Island Beaches. 7 December 10, 2009 XIII. Next Meeting Date January 14,2010 - 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 2:30 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