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CAC Minutes 01/14/2010 R January 14, 2010 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, January 14, 2010 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 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 Forcht Victor Rios Jim Burke Robert Raymond ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Colleen Greene, Assistant County Attorney Gail Hambright, Accountant Pamela Keyes, Environmental Specialist Maura Krauss, Parks and Recreation 1 January 14, 2010 MEETING AGENDA & NOTICE MEETING AGENDA 8< NOTICE COASTAL ADVISORY COMMITTEE (CAC) THURSDAY, JANUARY 14, 2010 - 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. December 10, 2009 VII. Staff Reports 1. Exoanded Revenue Reoort - Garv McAloin 2. Proiect Cost Report - Gary McAlpin VIII. New Business 1. Sea Turtle Monitoring Reoort - Maura Kraus 2. Establishment of a WiQQins Pass Sub-Committee of the CAC 3. Establishment of a Clam Pass Sub-Committee of the CAe 4. Direction and Recommendations to the CAC a. Summarv of December 18, 2009 BeC Direction b. SUQQestions and follow-uo from Previous CBAC Board Members 5. Clam Bay Background and Update a. Marker Uodate b. Water Oualitv MonitorinQ ProQram c. Toxicologv and Sediment Aging d. Peer Review e. Other Clam Bav Work Items 6. FEMA Oualitv Justification Reoort 7. WiQQins Pass Inlet ManaQement Plan Uodate, Critical Erosion Area Analvsis for Barefoot Beach, and Engineering ReDort for Pass ImDrovements. IX. Old Business IX. Old Business X. Announcements XI. Committee Member Discussion * Wanless review of PBS&J Reoort XII. Next Meeting Date/Location February 11, 2010 - Collier County Commission 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 Tamlami 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. January 14, 2010 I. Call to Order Chairman Sorey called the meeting to order at 1:03 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. Burke moved to approve the Agenda subject to the following additions: Item VII.3 PBS&J Water Quality Report Update Second by Mr. Rios. Carried unanimously 7-0. V. Public Comments Marcia Cravens, Mangrove Action Group, requested her comments from the December 10, 2009 CAC meeting regarding the Petition Drive be entered into the record verbatim, as they were only summarized in the minutes: "We the undersigned. support the County's goal to provide more beach access at Clam Pass Park. We oppose the current plans that would degrade this serene natural resource protection area with significant construction in undisturbed mangrove habitat, dredging out the ebb shoal, installing channel markers or otherwise altering its shallow three bay system. " Chairman Sorey noted the minutes are "summary minutes" not a verbatim transcript and her petition and written statements were hand delivered and made part of the December 1 0, 2009 meeting record. Doug Finlay, Naples Resident submitted a photo of Doctors Pass Jetties and expressed concern funding priorities may delay repair of the Jetties and requested Staff monitors the condition of the Jetties. The Committee requested StajJprovide an update on the status of the project at the next meeting. VI. Approval of CAC Minutes 1. December 10, 2009 Mr. Rios moved to approve the minutes subject to the following changes: Page 3, paragraph 4, line 6-7 - from "The interest on the funds was previously allocated to the County Clerk to assist in funding his operations" to "The interest on the funds was previously not allocated to its principal, rather utilized by the County Clerk. Page 4, paragraph 5, bullet point 2 - from "utilization of 16 instruments was predicated by cost" to "utilization of 16 instruments was based on the proposals budget constraints. " 2 January 14, 2010 Page 4, paragraph 5, bullet point 3 - Some data collection was affected by instrument malfunction and vandalization" to "Some data collection was compromised by instrument malfunction and vandalism." Page 7, paragraph 1. line 1 - from "Peer Review will include analyization..." to "Peer Review will include analysis... " Second by Mr. Raymond. Carried unanimously 7-0. VII. Staff Reports 1. Revenue Report - Gary McAlpin The Council reviewed the "Tourist Tax Revenue Report" updated through the November 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 January 5, 2010. 3. PBS&J Water Quality Report Update Gary McAlpin reported the PBS&J Water Quality Report for Clam Bay has not been officially revised. If any revisions are undertaken, he will forward a copy to the CAC members for review. The Committee requested an update be provided at next months meeting. VIII. New Business 1. Sea Turtle Monitoring Report - Maura Kraus The Committee reviewed the Executive Summary "Share with the CAC the results of the 2009 Sea Turtle Monitoring Program within Collier County" dated January 14, 2010 and attached "Collier County Sea Turtle Protection Plan Annual Report Summary - 2009," prepared by the Parks and Recreation Department. A Slideshow was provided noting artificial lighting continues to have a major impact on nesting and related hatches. The County received a Florida Fish and Wildlife Conservation Commission Grant to replace lights in the City of Naples . The County continues to enforce lighting violations throughout the region. It was noted enforcement of lighting violations on Marco Island is an issue that needs to be addressed by the City of Marco Island. Survival ratios for newly hatched turtles are estimated at 1: 1 000. Speaker Mary Johnson, Pelican Bay Resident noted the data provided shows the area from Wigg'ins Pass to Clam Pass Beaches has a high success rate for nesting which is a positive indicator of the bio-diversity of the Clam Bay Ecosystem. 2. Establishment of a Wiggins Pass Sub-Committee of the CAC 3 January 14, 2010 Gary McAlpin presented the Executive Summary "Recommend that the CAC establish a Wiggins Pass Three-Member Subcommittee to direct Navigational Improvements, Inlet Management Plan Updates and the Critical Erosion Analysis for Barefoot Beach" dated January 14, 2010. Sneakers Doug Fee, Naples Resident, noted he supports the Subcommittee, and wanted assurance the public will have opportunity to provide input during the process. The area is in a "Conservation District" and he requested clarification on how the County will ensure a proper review process under the Land Development Code and Growth Management Plan. Chairman Sorey noted the Subcommittee will be subject to the Sunshine Law with ample opportunity for public comment. Any Subcommittee recommendations will be forwarded to the Coastal Advisory Committee for deliberations. Gary McAlpin stated any Florida Department of Environmental Protection (FDEP) permit applications will require a "letter of consistency" be issued by the Community and Environmental Services Division. Mr. Pires expressed concern the determinations provided in a "letter of consistency" may be the directive of Staff, as opposed to the results of public hearings garnering public input. Chairman Sorey noted the determination will be in accordance with County Policy. He requested Staff provide an update on the status of the "letter of consistency" at the next meeting. Mr. Hendel arrived at 1:35pm Nicole Ryan, Conservancy of Southwest Florida requested clarification on why the updated Inlet Management Plan is being addressed under item VIIL7, prior to the appointment of the Subcommittee. The Conservancy recommends the Subcommittee be formed to include a number of Stakeholders, similar to the previous Wiggins Pass Subcommittee. Gary McAlpin noted the updated Inlet Management Plan is based on a FDEP directive which indicated a new permit will not be issued for improvements proposed in Wiggins Pass unless there is an update to the Plan. Chairman Sorey appointed Mr. Moreland. Mr. Rios and Mr. Raymond to the Wiggins Pass Subcommittee with Mr. Moreland being the Chairman. 4 January 14, 2010 The Committee recommended the following changes to the Executive Summary: . In the "Title" and "Objective," change the word "direct" to "recommend. " . "Objective" -last line change from".. .erosion analysis for Barefoot Beach." to "".erosion analysis for Barefoot Beach to the Coastal Advisory Committee. " Colleen Greene, Assistant County Attorney noted the full Committee may form a Subcommittee comprised of members of the full Committee. She reviewed the Coastal Advisory Committee Ordinance to determine if a motion is required for the appointment of members to a Subcommittee. (See action at conclusion of item VI!.3) 3. Establishment of a Clam Pass Sub-Committee of the CAC Gary McAlpin presented the Executive Summary "Recommend that the CAC establish a Clam Bay Three-Member Subcommittee of the CAC to direct efforts to the development of a Master Plan for the Clam Bay Estuary" dated January 14, 2010. Speakers Marcia Cravens, Mangrove Action Group, noted the Subcommittee should include Stakeholders to provide input in the process. She expressed concern documents related to the item do not recognize the areas designation as a "NRP A" (Natural Resources Protection Area) and requested any further documents reference the Designation. She recommended the existing Clam Bay Management Plan be utilized as the base document for any revised management plans. Cora Obley, supported a 3 member Committee, and endorsed Ms. Cravens's recommendation to utilize any existing information available (in developing the new Plan.) Linda Roth, Pelican Bay Resident, requested clarification on how the Subcommittee members will be selected? The Stakeholders should have input on their appointment. Chairman Sorey stated it is the Chairman prerogative to recommend the members of a Subcommittee. He bases the recommendation on the person's expertise and willingness to serve on the Subcommittee. Ted Raia, Pelican Bay Services Division provided comments on the Navigation Marker issue (item V1I.5.a). The Chairman noted this item will be taken up later in the Agenda. Colleen Greene, Assistant County Attorney recommended the Subcommittee members be approved via a motion by the full Committee. 5 January 14, 2010 The Committee recommended any references in the Executive Summary to the term "direct efforts" be reworded to "recommend efforts." Chairman Sorey requested the Subcommittee define the term "Clam Bay Estuary" and develop a Mission Statement. Mr. Rios moved to appoint Mr. Burke, Mr. Pires and a member to be named later, (pending the filling of the vacancy on the Coastal Advisory Committee) to the Clam Bay Subcommittee. Mr. Pires to be Chairman. Second by Mr. Forcht. Carried unanimously 8-0. Mr. Forcht move to appoint Mr. Moreland, Mr. Rios and Mr. Raymond to the Wiggins Pass Subcommittee, Mr. Moreland to be Chairman. Second by Mr. Pires. Carried unanimously 8-0. 4. Direction and Recommendations to the CAC a. Summary of December 18,2009 BCC Direction Gary McAlpin presented the Executive Summary "Review Direction to the CACfrom the December 18,2009 Board of County Commission Meeting" dated January 14, 2010. The BCC approved the following: . The Clam Bay Advisory Committee will sunset on December 31, 2009. . All work associated with Clam Bay will now come under the direction of the CAe. . The budget was approved as recommended in the executive summary. . The PBS&J report and the three recommendations were approved, mainly; the water quality monitoring program, additional soil sediment testing and the circulation model. . Peer review was approved as outlined in the executive summary. Gary McAlpin noted the efforts ofPBS&J will continue to move forward as necessary. b. Suggestions and follow-up from Previous CBAC Board Members Gary McAlpin presented the Executive Summary" Clam Bay Advisory Committee Recommendations for Mangrove Maintenance and Biological Assessment of Clam Bay for CAC Consideration" dated January 14,2010. Former Clam Bay Advisory Group (CBAC) members John Arceri, Tahlmann Krumm and Kathy Worley, submitted ajoint memo dated January 11, 2010 to the Coastal Advisory Committee which outlined outstanding items and related recommendations based on the CBAC's work. The item was for informational purposes only. 6 January 14, 2010 Speakers Mary Johnson, Mangrove Action Group supports the recommendations contained in the memo. She expressed concern a Biological Assessment may not be completed before development of the Management Plan. In addition, the original focus of the studies was biological concerns and wildlife habitat. The focus has been diverted to water quality. Gary McAlpin noted the Biological Assessment would be completed prior to development of the Management Plan. Chairman Sorey noted the original focus of studies for the Estuary was "water quality." Marcia Cravens, Mangrove Action Group noted water quality standards differ between bodies of water depending on their use. The Clam Bay System is a "NRP A" which require different water (quality) standards than waters designated "fishable/swimmable." The FDEP has never determined the water quality in the System is "impaired." The CBAC did not approve the PBS&J Report. 5. Clam Bay Background and Update a. Marker Update Gary McAlpin presented the Executive Summary "Request a recommendation and authorization from the Coastal Advisory Committee on how to proceed with the Clam Bay Navigational Markers for presentation to the Board of County Commissioners" dated January 14, 2010. He noted: . Three types of markers related to the System: Navigational Markers, Regulatory Markers and Informational Signs. . Three Regulatory Agencies involved: Florida Department of Environmental Protection, US Coast Guard and Florida Fish and Wildlife Conservation Commission. . US Army Corp of Engineers has indicated a1998 permit issued by them requires navigational markers (in accordance with USCG standards) be installed in the System. . Navigational markers require the approval of the FDEP who issued permission by "consent by rule" twice. . On a third review, permission to install the markers was denied based on the shallow depth of the channel and a determination it is a "navigational route" as opposed to a "navigational channel" (based on information recently supplied by the County on the dredging application). . Staff is proposing two options listed below to be considered. . Staff has not formulated a recommendation for either Option. 7 January 14,2010 OPTIONS A. Since FDEP has denied the permit because the Consent by Rule does not apply, staff can provide the ruling to the Army Corps of Engineers (USACE) indicating that the permit request has been denied by FDEP and can't comply to the USACE permit condition and to please close out the USACE permit. B. Re-file for a Letter of Consent for the work. As stated above, this will require a Board of Trustee Approval and appearance in front of the Governor and Cabinet. It would completely exhaust all avenues to come into compliance with the BCC direction to come into compliance with the USACE permit by installing Navigational markers within Clam Bay. An email from John Arceri, former Chairman of the CBAC endorses the placement of Navigation Markers for safety and environmental reasons, and to comply with the requirements of the USACE. Staff estimates the cost to the County for "Option B" at approximately $11,000. He requested the Committee recommend either Option A or B. Speakers Ted Raia, Pelican Bay Services Division expressed concern there is misinformation on the issue. He submitted an email from Susan Blass, USACE, dated June 9, 2009 indicating "non lateral informational signs and canoe trail markers does satisfy the requirements referred to in the USACE permit." No lateral aids to navigation are required. He submitted National Oceanographic and Atmospheric Administration chart (#11430) indicating Clam Pass is "non navigable." Marking the System will create a liability and maintenance issue for the County as the boating public will assume the System is maintained as "navigable." Gary McAlpin noted direction from the USACE is for the County to come into compliance with the permit, and the markers to be installed in accordance with USCG regulations. The USCG has provided input on the type of markers to be installed. The "marker plan" has been approved by the Board of County Commissioners. The County assumes liability in this area whether markers are in place or not. Colleen Greene noted (Florida's) Sovereign Immunity Cap would apply to the liability. She could not comment on the County's further liability whether the markers are installed, or not. 8 January 14, 2010 Tim Hall, Turrell, Hall and Assoc. provided a brief overview on the history on the marking ofthe System, as his firm implemented the conditions of the original permit. Through conversations with Agencies (FDEP, FFWCC, USACE and the USCG) the marking of a "canoe trail" met the intent of the permit. He recommended a third option be considered - requesting the USACE to accept the canoe trail marking as meeting the intent of the permit, or have the US ACE modify the permit to accept the canoe trail markers. Martha Dykman, Seagate Homeowner, noted the Seagate homeowners were never notified on the placement of the canoe trail markers. Three Committees have voted to install the Navigation Markers (CBAC, CAC and the BCC). She expressed concern on the following premises: . Pelican Bay Service District has complete control of the System which is untrue. . Because the mangroves died off on the north end the system is not navigable which is untrue. . The Clam Bay System is non navigable which is untrue. . Boating hurts mangroves which is untrue. . Seagate homeowners are attempting to make the System a deep water system which is untrue. Marcia Cravens, Mangrove Action Group, supports waterway safety however the groups primarily utilizing the area are swimmers, kayakers, canoeists, etc. Placing the Navigation Markers changes the dynamics of Systems use. There has never been a letter of "non compliance" (for the USACE permit) issued by the US ACE to Collier County. There are no references to red and green markers in the permit or related correspondence. She recommends marking the Systems with informational signs to warn all utilizers of the System of navigational/environmental hazards. Rick Dykman, Seagate Homeowner noted over the course of time, the use of the area has increased dramatically. This has escalated the need to address safety concerns for all users in the area. He recommended proceeding with installation of navigational markers. Sara Wu, Seagate Homeowner noted that NOAA chart #11430 does not identify Clam Pass as "non navigable." The designation reported in 1982 was deleted in subsequent NOAA documents. She submitted a copy of a local notice to mariners June 16,2009 outlining the change. The CAC voted to install the navigation markers for safety purposes and protecting underwater resources. She recommended the Committee endorse "Option B" in the Executive Summary. 9 January 14, 2010 Bob Naegle, Chairman, Pelican Bay Foundation (PBF), noted the Foundation is the "official" government for the Pelican Bay Development including 6,500 homes, the Ritz, Naples Grand, Waterside shops and Waterside Complex. The Foundation will oppose any "letter of consent" applications, etc. filed with the FDEP or associated governing body. He expressed concern on the cost estimates of $11 ,000 provided by Staff. Linda Roth, Pelican Bay Homeowner expressed concern placement of the navigation markers will provide unlimited liability to the County. She recommended the CAC approve "Option A" in the Executive Summary. JeffKlatzkow, Collier County Attorney and Pelican Bay Attorney Rich Yavanovich previously agreed the USACE permit could be closed out without penalty. She expressed concern on the taxpayer expense proposed if "Option B" is chosen. John Domeni, noted Dr. Tomasko has always stated there can't be pristine waters in a mangrove estuary. Gary McAlpin noted: . Tara Alford, ofFFWCC and Joe Embers of the USACE indicated the marking of a "canoe trail" does not meet the conditions for navigational markers. . Tara Alford has directed the County to remove all informational markers, as they have not been maintained. . The County is pursuing informational signage with the PBF, to be located on the Beach and in the Pass to warn individuals of the conflicts between swimmers and boaters. . The CBAC, CAC and BCC have approved the installation of navigational markers Mr. Pires noted: . Staff should consider filing for an extension of time in requesting an Administrative Hearing (considered in "Option B" as the required time to file the request may expire before any direction is given by the Board of County Commissioners.) . The cost estimate of$II,OOO for "Option B" may be significantly underestimated (may cost approximately $40,000). . He recommends requesting the USACE to close out the permit ("Option A") Gary McAlpin noted the cost estimate of approximately $11,000 for "Option B" was based on FDEP Staff input. Mr. Burke requested clarification on how the issue of navigational markers originally came to light. 10 January 14,2010 Gary McAlpin noted the Seagate Residents informed the County the USACE permit conditions were not being met and would be filing a law suit against the County to enforce the permit. The issue was directed to Coastal Zone Management for resolution. The proposed red and green USCG standard markers are the only markers the USCG will approve and the USACE has indicated the County must install markers in compliance with the USCG standards. He reiterated Staff is not recommending either "Option," and requests direction from the Coastal Advisory Committee. Mr. Rios moved to approve Option B. Second by Mr. Moreland. Motion carried 6 "yes" - 2 "no." Mr. Forcht and Mr. Pires voted "no." Mr. Sorey moved for Staff to request an extension of tim e for requesting the Administrative Hearing. Second by Mr. Rios. Carried unanimously 8-0. Break: 3:20pm Reconvened: 3:35pm b. Water Quality Monitoring Program Pam Keyes, Environmental Specialist presented the document "Field Sampling Quality Manual" prepared by Coastal Zone Management Department ~ Effective date: October 2008. She provided an overview of the document which outlines quality control procedures for conducting field sample collection and measurements. Discussion occurred noting the procedures be consistent County wide to ensure coordination between any Agencies collecting data. Gary McAlpin noted efforts are being made to coordinate with the Pelican Bay Services Division as they collect data in conformance with permits issued to them. He will provide updates to the CAC on the status of the coordination. Pam Keyes noted the same protocols are being followed for data collection in the Wiggins Pass System. Speakers Mary Johnson, Pelican Bay Homeowner recommended Section 9.2.4 be amended for the recipients of the Report to include Pelican Bay Services Division. She recommended amending the CAC public meeting notices to include the statement "two or more members of the Pelican Bay Service Division may be present at the meeting" The Committee recommended amending the CAC public meeting notices to include a statement two or more members of the Pelican Bay Service Division may be present at the meeting (or similar language). 11 January 14, 2010 c. Toxicology and Sediment Aging Gary McAlpin presented the Executive Summary "Review and Approve Clam Bay Toxicology and Sediment Aging Proposal by PBS&J" dated January 14, 2010. Mr. Hendel moved to approve the Toxicology and Sediment Aging Proposal. Second by Mr. Rios. Mr. Pires expressed concern the Clam Bay System has not been defined with sampling proposed for both Moorings Bay and Clam Bay. Gary McAlpin noted the System was identified by the CBAC with the boundary being from Wiggins Pass Drive to Seagate Road. Mr. Pires noted the PBS&J Report, Fig. 1.5, page 6 indicates the project area as Doctors Pass up to Bay Colony. Gary McAlpin noted the proposal for the Toxicology and Sediment testing specifically identifies the locations of the sampling. The costs of the sampling are in addition to the authorizations in the original Best Value Offer associated with the Water Quality Study. Motion carried 7 "yes" -1 "no." Mr. Pires voted "no." d. Peer Review Gary McAlpin presented the Executive Summary (ES) "Review and approve the approach and timingfor Clam Bay Peer review" dated January 14, 2010. Sneakers Marcia Cravens, Mangrove Action Group, noted she attended the PBSD meeting where the funding matching concept was outlined. She expressed concern the funding matching format presented at that meeting is not the same as today to the CAC. She requested a vote on the item be postponed. Kathy Worley, Conservancy of Southwest Florida requested ifthe Peer Review is approved and completed, the "Peer Review" be analyzed in conjunction with other historic Reports, Studies, etc. prepared for the System. Mary Anne Womble, Pelican Bay Services Division noted the Division is interested in meeting with Collier County Staff to provide input on the individual who may be selected for the Peer Review. Gary McAlpin noted Coastal Zone Management and the Pelican Bay Services Division will choose the individual, to be approved by the CAC and BCC. 12 January 14, 2010 Mr. Hendel moved to approve the approach and timing for the Clam Bay Peer Review (as outlined in the Executive Summary "Review and approve the approach and timing for Clam Bay Peer review" dated January 14, 2010.) Second by Mr. Rios. Carried unanimously 8-0. e. Other Clam Bay Work Items Gary McAlpin presented the Executive Summary .. Status Summary of additional Clam Bay work items" dated January 14,2010. The following update was provided: 1. 10 yr JCP Application - the Clam Pass morphology analysis task is complete and currently compiling the RAI response to FDEP and ACOE. A draft will be submitted to the County for review by end of the week. Two weeks are planned for County and stakeholder review. Anticipate submittal of the RAls to the agencies the week of February 1,2010. 2. PBS&J will submit a scope and budget for the Clam Bay Biological Assessment for the County to review by the end of the week. 3. Jeff Tabar and Todd Demundo will be meeting with Steve Keene (CP&E) Wednesday or Thursday to define CP&E's role in the Clam Bay Estuary modeling effort and develop a detailed scope of work. He noted: . Comments in response to the RAI identified in item #1 will be posted online (Coastal Zone Management website). . The Contract for the modeling identified in item #3 will be completed at the direction ofPBS&J as originally proposed. Before Committee discussions and public speakers, the Committee determined to hear Item VIII 7 (before item VIIl6) Mr. Hendel left at 4:20pm 6. FEMA Quality Justification Report Continued 7. Wiggins Pass Inlet Management Plan Update, Critical Erosion Area Analysis for Barefoot Beach, and Engineering Report for Pass Improvements. Gary McAlpin presented the above Executive Summary for review and approval dated January 14, 2010. He noted: . The updated Plan was completed at the request of the FDEP who indicated the permit for the Wiggins Pass Improvements will not be issued unless the Plan is updated. . Staffis recommending approval for submittal of the permit application and proposed updated plan (it will take approximately 9 months to receive the permit). . Subsequent to the submittal of the permit application, the 3 member Subcommittee and the Stakeholders may continue to update the Plan 13 January 14, 2010 as necessary and submit any Plan addendums to FDEP while the permit is under review. . There is a possibility the Pass may require intermediate dredging before the permit is approved. Mr. Pires expressed concern the material for the item was recently received by Committee members, not allowing the time for proper review. Based on Staffs recommendation on the process, he recommended the updated Wiggins Pass Inlet Management Plan be labeled "Draft." Mr. Raymond left at 4:30pm Stephen Keehn, Coastal Planning and Engineering provided a Slideshow on the permit application and proposed revisions to the Management Plan. Committee discussion occurred noting they had just received the hard copy of the Plan without ample time for review. In addition, the item should be addressed by the Wiggins Pass Subcommittee. Chairman Sorey directed the Wiggins Pass Subcommittee review the item prior to the next CAC meeting. Speakers Doug Fee, Naples Resident expressed concern an area on the north end of the Delnor- Wiggins Pass State Recreation Area may be subject to lease conditions (in a lease from the State of Florida to the Delnor-Wiggins State Park), possibly affecting some proposed improvements identified in the permit application. He submitted a copy of the map showing the "Approximate Location of Restriction Area." Nicole Ryan, Conservancy of Southwest Florida noted after the presentation, her concerns identified regarding updating the Inlet Management Plan under item VIII.2 have been addressed. She recommended individual (in addition to the public notice) notifications be issued to any Stakeholders regarding the meetings of the Wiggins Pass Subcommittee. The Committee determined items VIII5e. 6. 7 and item XI* be continued to the next meeting. Colleen Greene noted ifno action is to be taken by the Committee on an item, or the item is not heard, the Committee is not required to hear the public speakers who registered for the item. IX. Old Business None 14 January 14, 2010 X. Announcements None XI. Committee Member Discussion * Wanless review ofPBS&J Report Continued XIII. Next Meeting Date February 11,2010 - Collier County Commission Chambers ***** There being no further business for the good of the County, the meeting was adjourned by order of the chair at 5:05 P.M. Collier County Coastal Advisory Committee John Sorey, III Chairman These minutes approved by the Board/Committee on as presented or as amended 15