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CBSC Minutes 02/01/2010 February 1,2010 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE - CLAM BAY SUBCOMMITTEE Naples, Florida, February 1,2010 LET IT BE REMEMBERED that the Coastal Advisory Committee - Clam Bay Subcommittee in and for the County of Collier, having conducted business herein, met on this date at 9:00 A.M. at the North Collier Regional Park in the Exhibit Hall, Naples, Florida, with the following members present: CHAIRMAN: Anthony Pires Jim Burke (Vacancy) ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Gail Hambright, Tourist Tax Collector 1 MEETING AGENDA CLAM BAY SUBCOMMITTEE MONDAY, FEBRUARY 1,2010 - 9:00 A.M. TILL 12:00 P.M. NORTH COLLIER REGIONAL PARK, 1500 LIVINGSTON ROAD, ADMINISTRATION BUILDING, CONFERENCE ROOM A, NAPLES I. Call to Order II. Pledge of Allegiance III. Roll Call IV. Changes and Approval of Agenda V. Public Comments VI. Approval of Minutes VII. Staff Reports VIII. New Business 1. Boundary of Clam Bay - Discussion 2. Mission of the Clam Bay Subcommittee - Discussion 3. Scope of Work Pier Review - Discussion 4. Scope of Work Biological Assessment - Discussion 5. Scope of Work - Circulation Modeling IX. Old Business X. Announcements XI. Committee Member Discussion XII. Next Meeting Date/Location To be determined XIII. Adjournment * Public speakers must do the following for any items presented to the Board: Each document must display the presenter's name and title of document. Provide a total of 7 copies of each handout, to be distributed as follows: 3 Board Members; 1 Minute Taker; 1 County AUorney; 2 CZM Staff members. * The following websites will provide information, agendas and dates for this subcommiUee: hUo://www.collierT!ov.net/lndex.asox?oaf!e=18 htto://www.collierf!ov.net/lndex.asox ?oaf!e=2390 All interested partied are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the hoard 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 Connnissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. February 1,2010 I. Call to Order Chairman Pires called the meeting to order at 9:07 am. II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call Roll call was taken and a quorum was established. IV. Changes and Approval of Agenda The Agenda was approved subject to the following changes: . Addition of item VIlLA - How the Subcommittee will Operate . Deletion of item VIII.3 - Scope of Peer Review - Discussion . Scope of Work for Biological Assessment to become item VIII.3 . Deletion of Item VIII.5 - Scope of Work - Circulation Modeling . Addition of Item VIllA - Wanless Report - Discussion. V. Public Comments David Roellig, member ofthe previous Clam Bay Subcommittee noted this was the third Group assembled to address the issues associated with the Management of the Clam Bay System and expressed concern the Report prepared by PBS&J for the County is unsatisfactory and should not be used as a foundation for the Subcommittee to move forward in completing its tasks. Chairman Pires noted there is a 3-minute time limit for public speaker comments, however he will provide flexibility in the rule to ensure as much information as possible is gathered by the Subcommittee. Kathy Worley, Conservancy of Southwest Florida, agreed with Mr. Roellig and expressed concern on the concept of speakers registering to speak on an item with a 3 limit time constraint. She recommended technical persons be allowed to sit at the "round table" and be allowed to ask questions of the consultants, etc. during their presentations. John Domenie requested the Subcommittee clarify the areas of their responsibilities including the parameters of the Studies. He outlined the differences between Moorings Bay and Clam Bay. Moorings Bay is man made, dredged for navigation, has artificial concrete walls and an artificial inlet (Doctors Pass). Clam Bay incorporates a NRPA (Natural Resource Protection Area) designated for environmental purposes, has a natural shoreline and shallow mangrove system. He requested the County leave the management of the Clam Bay System with the Pelican Bay Services Division who has maintained it for the past 10 years. Chairman Pires requested persons with comments or questions on written reports distributed for the meeting, provide them, in writing, to Staff for distribution 2 days in 2 February 1, 2010 advance of the meeting. This will assist Staff, Subcommittee members and Consultants in providing comments or answers at Subcommittee meetings. VI. Approval of Minutes None VII. Staff Reports None VIII. New Business A. How the Subcommittee will Operate Gary McAlpin, Director, Coastal Zone Management noted: . The Subcommittee will operate under the rules of the Coastal Advisory Committee (CAC). . There will be a 3 minute time limit for public speakers with additional time granted at the discretion of the Chairman. . Staff intends to schedule the meetings on a regular basis for the 3rd Thursday of each month and be held at the CDES (Community Development and Environmental Services) building (if possible). . The Subcommittee is comprised of3 members with a current vacancy. 1. Boundary of Clam Bay - Discussion Gary McAlpin provided the following documents for the record: . "Publication Series NR-SP-94-01. Clam Bay Natural Resource Protection Area (NRPA), August 1994" prepared for Collier County Environmental Services Division. He reviewed (page iv) of the docnment which describes the boundaries of the NRP A as "located next to the Gulf of Mexico, north by Vanderbilt Beach Road, east to the remaining natural areas next to the berm and Pelican Bay Development and South to Seagate Drive. " . "Clam Bay Natural Resource Protection Area Annual Report October 1997." The document describes the NRP A area as the area from Vanderbilt Beach Road, south to Seagate Drive, on the west by the Gulf of Mexico and on the east by the berm of the Pelican Bay Development. . "Collier County Ordinance 2008-48" which created the previous Clam Bay Advisory Group. The Ordinance states "the Clam Bay Estuary System is a designated Natural Resources Protection Area (NRPA)." 3 February 1, 2010 Sneakers Bob Naegele, Pelican Bay noted the original Tomasko Report defined the Estuary from Wiggins Pass to sth Avenue, which identified the watershed as opposed to the Estuary. This definition is too broad to define the "Clam Bay Estuary System (CBES)." He recommended defining the CBES as the "NRPA." He expressed concern Pelican Bay is not represented on the Coastal Advisory Committee or this Subcommittee. Mr. Burke noted the compilation ofthe CAC is prescribed in the Ordinance governing the CAC. Mary Johnson, Pelican Bay Resident supports the definition provided in the record documents (the NRP A) for the CBES. Sarah Wu, Seagate Resident recognized Pelican Bay's concern for protecting the boundaries of the CBES as the NRP A. She expressed concern areas outside of the NRPA affect the activities within the system and requested the Subcommittee continue to study these areas outside the NRP A and how they affect the overall quality of the CBES. Gary McAlpin provided page 1 ofthe "Collier County Clam Bay Advisory Committee" Mission, Functions, Powers, Duties & Work Plan", (Coastal Advisory Committee meeting document, March 12,2009, Item VII-8 New Business 7 of 10). Under Recommended Boundaries, it states" The Clam Bay Advisory Committee (hereafter the Committee") has defined the boundaries of the Clam Bay Estuary (hereafter the "Estuary") as generally, that wetland area south of Vanderbilt Beach Road and north of the Seagate Community. The Subcommittee recommended the following changes to the above wording: . Deletion of the word "generally" . Revise the term Seagate Community to "Seagate Drive." Mr. Burke moved to define limits of the Clam Bay Estuary System from Vanderbilt Beach Drive south to Seagate Drive, the Gulf of Mexico on the West, on the East by the berm adjacent to the west side of Pelican Bay Development. Second by Chairman Pires. Carried unanimously 2-0. Chairman Pires noted the Subcommittee should consider defining the limits of the Clam Bay Estuary's Systems watershed at afuture meeting. 2. Mission of the Clam Bay Subcommittee - Discussion Gary McAlpin provided page 1 of the document. "Collier County "Clam Bay Advisory Committee" Mission, Functions, Powers, Duties & Work Plan", (Coastal Advisory Committee meeting document, March 12, 2009, Item VII-8 New Business 7 of 10). 4 February 1, 2010 Under Committee Mission it states "The Committees mission is to advise, assist and make joint recommendations to the Board of County Commissioners ("BCC") and the Coastal Advisory Committee ("CAC'? with all major issues affecting the management, use, direction, health and long term viability of the Clam Bay Estuary in accordance with the protection afforded Clam Pass and Clam Bay's NRP A and conservation designations as delineated in the Future Land Use Element of the Collier County Growth Plan and Coastal Zone Management Plan. In doing so, the Committee will formulate recommendations for review and recommend possible funding sources that may be required by such recommendations. " Sneakers Marcia Cravens, Mangrove Action Group noted the original approval of the NRP A by the BCC was defined as the Pelican Bay Conservation Area. She expressed concern a legal order issued in 1999 which required "meaningful protection" of wildlife in the NRPA is being violated given the activities proposed in the CBES by the County. She submitted meeting minutes and related backup information for the February 28, 1995 and May 18, 1999 BCC meetings for consideration by the Subcommittee Gary McAlpin stated any concerns identified in the Court Order referenced in Ms. Cravens's statement may be included in the biological assessment of the CBES. Mary Johnson, Pelican Bay Resident expressed concern the focus of the item has shifted from development of a long-term Management Plan for the CBES to the issues associated with Outer Clam Bay. She would like a better understanding on the sources of pollution from the Seagate Community, how it can be better controlled, and why is only "flushing" considered as a solution, etc. Chairman Pires noted the Mission Statement outlined above is consistent with the issues Ms. Johnson raised as it incorporates "all major issues affecting the management use, direction, health and long term viability of the Clam Bay Estuary." Linda Roth, Pelican Bay Resident expressed the BCC directive references the term the" entire Clam Bay Estuary System," and requested clarification if the CBES boundary incorporates the NRP A or goes all the way to Doctors Pass. Chairman Pires noted the boundaries were defined under item VIlLI Rick Dykman, Seagate Resident clarified the CBES being described as "a natural system" as inaccurate. The area of the Ritz Carlton and Bay Colony was altered during periods of construction. He expressed concern the public's perception on the issues is the Seagate Community vs. the Pelican Bay Community. Seagate is concerned with the water quality and if there any issues 5 February 1,2010 within the Seagate development negatively affecting the CBES, the community would like to know and address it. His understanding regarding jurisdictions is the area is owned by the State of Florida and managed by Collier County. Mr. Burke moved to approve the Subcommittee Mission Statement as provided in the Coastal Advisory Committee meeting document, March 12, 2009, Item VII-8 New Business 7 of 10 (referenced above). Second by Chairman Pires. Carried unanimously 2-0. 3. Scope of Work for Biological Assessment - Discussion Gary McAlpin provided the document "Additional Work Request WO# Contract #07-4153 Upper, Inner and Lower Clam Bay Biological Study" prepared by Jeff Tabar ofPBS&J dated January 22,2010. He provided an overview of the proposal noting some data collection may be completed by other organizations or firms, but analyzed by PBS&J. Speakers Marcia Cravens, Mangrove Action Group noted there are numerous studies and surveys that have already been completed which indicate there are significant wildlife species in the area. She submitted a document "Clam Bay/Clam Pass Estuary Preserve: A Natural Resources Protection Area (NRP A) for Wildlife" which outlined a list of species identified in the NRP A. She stated the scope of work should follow the model consistent with the Everglade Restoration Plans and the South West Florida Feasibility studies. Also, be subj ect to a competitive bidding process. Kathy Worley, Conservancy of Southwest Florida recommended a decision on the item be postponed for a vote, as many individuals just received the document. The Conservancy will complete an 11 year Report on the System in late summer which includes significant data throughout the entire system. She can provide the Subcommittee a summary of the procedures and methods utilized in the Report. Linda Roth, Pelican Bay Resident agrees with Ms. Worley on postponing any decision on the item. She noted there are recommendations in previous Studies which should be analyzed before proceeding. Mary Johnson, Pelican Bay Resident agreed with postponing the item, so all involved have a chance to review the documents. Gary McAlpin noted the item was placed on the Agenda for informational purposes only. A cost estimate for the work has not been developed. Chairman Pires recommended the item be placed on the next Agenda and include a discussion on whether or not the Subcommittee will recommend utilizing the CCNA (Competitive Consultants Negotiations Act) process for awarding the scope of work. 4. Wanless Report Continued 6 February 1, 2010 Chairman Pires re-iterated his request any persons submitting documents relating to Subcommittee meetings provide them to Staff at least 2 days in advance of the meeting. Speaker Mary Johnson provided a document "Comments to the Clam Bay Subcommittee Meeting of February 1, 2010" for consideration by the Subcommittee. IX. Old Business None X. Announcements None XI. Committee Member Discussion None XII. Next Meeting Date/Location The next meeting will be held on March 18, 2010 at 1:00 PM. Location to be announced. . There being no further business for the good ofthe County, the meeting was adjourned by order ofthe chair at 10:34 A.M. Collier County Coastal Advisory Committee- Clam Bay Subcommittee Anthony Pires, Chairman These minutes approved by the Board/Committee on as presented or as amended 7