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02/08/2010 Minutes February 8, 2010 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE WIGGINS PASS SUBCOMMITTEE Naples, Florida, February 8, 2010 LET IT BE REMEMBERED that the Coastal Advisory Committee - Wiggins Pass Subcommittee in and for the County of Collier, having conducted business herein, met on this date at 9:00 A.M. at the Risk Management Training Room located at 3301 Tamiami Trail E, Building D, Naples, Florida, with the following members present: Chairman: Joseph A. Moreland Robert Raymond Victor Rios ALSO PRESENT: Gary McAlpin, Coastal Zone Management Director Gail Hambright, Accountant MEETING AGENDA WIGGINS PASS SUBCOMMITTEE MONDAY, FEBRUARY 8, 2010 - 9:00 A.M. TILL 12:00 P.M. RISK MANAGEMENT TRAINING ROOM, 3301 TAMIMI TRAIL E., BUILDING D, NAPLES I. Call to Order II. Pledge of Allegiance III. RollCall IV. Changes and Approval of Agenda V. Public Comments VI. Approval of Minutes 1. January 22, 1010 Minutes VII. Staff Reports VIII. New Business 1. Review and discuss issues relative to FDEP's requirement that Wiggins Pass Inlet Management Plan be updated with this permit application. 2. Discuss erosion on Barefoot Beach and rebuild and repair plan and preserve designation. 3. Concerns over Letter of consistency for this work and resolution process. 4. Concerns about land lease requirements from the state system to do this work. 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 Attorney, 2 CZM Staff members. * The following websites will provide information, agendas and dates for this subcommittee: httv://www.collierIlOv.net/lndex.asvx?vaf!e=18 htto://www.collierf!ov.net/Illilex. a,sox ?11al!e= 2390 All interested partied are invited to attend, and to register to speak and to submit their objections, if any, in \V1iting, to the board prior to the meeting if applicable. For more information, please contact Gail D. Hambright at (239) 252-2966. W 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. February 8, 2010 I. Call to Order Chairman Moreland called the meeting to order at 9:05 AM. II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call A quorum was established. IV. Changes and Approval of Agenda Add: VIII-fA. Questions Relative to VIII-f. Items f-4. Victor Rios moved to approve the Agenda as amended. Second by Robert Raymond. Motion carried unanimously, 3-0. V. Public Comments Doug Fee, Wiggins Pass Resident asked the cost of the Project. Gary McAlpin, Coastal Zone Management responded that the cost will depend upon the Final Scope. The cost for the development of the Model and Development of the Engineering associated with procuring a permit is $132,000. The overall 1 O-year plan through construction costs have been estimated at 4.5 million. Robert Stieger, Park Manager - DelnorlWiggins Pass State Park reiterated that Jeff Riley was unable to attend the meeting due to travel restrictions. He emai1ed Gary McAlpin a request to be "conferenced" in for today's meeting. He stated Jeff Riley will meet with his staff to formulate a list of questions directed at Gary McAlpin. Chairman Moreland requested Robert Stieger find out what tirne line Jeff Riley would meet with his staff and report to the Committee and Gary McAlpin. VI. Approval of Minutes - January 22,2010 Victor Rios moved to approve the January 22, 2010 Minutes as submitted. Second by Robert Raymond. Motion carried unanimously, 3-0. VII. Staff Reports Gary McAlpin reported meeting with Mr. Robert Brantley and his concerns based on conversation he had with intentions to move forward on the Project. >- Mr. Brantley stated Florida State Park and the Department of Parks and Recreation are not on board with the Scope of the Project. Gary McAlpin responded if the Florida State Park Services did not support the Project it could slow the permit process down. >- Mr. Brantley expressed the possibility of going along with modifications to the Inlet Management Plan. Since that conversation, DEP (Department of Environmental Protection) has not decided their stance on the Inlet Management Plan. 2 February 8, 2010 Gary McAlpin stated the County may need to modify the technique of the permit application during the process. He expressed concern over a wholesale re-write of the application. );- Mr. Brantley stated DEP was looking at a 2-year process. Gary McAlpin recommended moving forward on the permitting this year. Steve Keehn, Engineer - Coastal Planning and Engineering stated Mr. Brantley was unaware of the progress already made on the Project. The Project description was provided to DEP and they have not reviewed it. He recommended submitting the permit application to get the process started. He also stated according to the Florida Fish & Wildlife Conservation, if sand was not put on the beach and included in the permit, it would eliminate the need to consider turtles and would shorten the permit process. All elements required have been covered in the Inlet Management Plan. Gary McAlpin stated submitting the application would be a good vehicle to find out what DEP's comments and oppositions are. He proposed not waiting and to submit the permit application "as is" now. The permit application can be modified in the process. VIII. New Business 1. Review and discuss issues relative to FDEP's requirement that Wiggins Pass Inlet Management Plan be updated with this permit application. Speakers Doug Fee, Wiggins Pass Resident stated based on comrnents made by Gary McAlpin regarding his conversation with Mr. Brantley, he would want the Florida State Parks involved in the process, find out what DEP's issues are and what Jeff Riley's questions are prior to submitting the permit application. He noted Wiggins Pass is leased and alterations to the land are part of the Project. He suggested the Subcomrnittee receive guidance from Coastal Advisory Committee and DEP and voiced concern over the costs of a potential rewrite of the Inlet Management Plan. He alluded the Subcommittee was putting the "cart before the horse." Nicole Ryan, Conservancy of Southwest Florida expressed concern on non- structural solutions and encouraged the County to work with the State Park Services, DEP and Parks and Recreation to educate, answer questions and work on issues related to the Wiggins Pass Inlet Management Plan. She stated the Conservancy would like to see an open broad base of Stakeholders Group involved to include scientists and environmental specialists. She stated it would be important to get all the issues in writing. It would be hard to make decisions and not know all the facts. She recommended requesting CAC to petition the BCC to move forward rapidly to get the Inlet Management Plan updated. Chairman Moreland summarized Nicole Ryan's concerns as is it appropriate for the Subcommittee to recommend forwarding the request for a permit knowing it mayor may not require a full review before any action is taken. The elements of the supporting data to address that portion of the management plan pertaining to a 3 February 8, 2010 particular area are not all there and continue with a heavy totality. Chairman Moreland requested the minutes reflect Nicole Ryan nodded her head. Gary McAlpin stated he would not want the process to take 2 years. He currently has the authority to submit the application. Sueakers Dick Lydon, Estuary Conservation Association stated he has experience with Mr. Brantley. He further stated Gary McAlpin's recommendation to submit as soon as possible makes sense. When the State receives the permit application they will be forced to address their concerns and issues. Doug Fee noted Collier County has a Land Development Code and cautioned the Subcornmittee it was inappropriate to take a vote for recommendation prior to addressing the other items on the Agenda. Victor Rios moved (the Subcommittee) recommend Gary McAlpin exercise his current authority to go forward and submit the permit application. Second by Robert Raymond. Motion carried unanimously, 3-0. Steve Keehn, Engineer summarized he would submit an engineering report with the permit application and a cover letter stating an Inlet Management Plan is being developed. It was noted the Inlet Management Plan and References would not be included. DEP will note the deficiency. A permit would not be granted until documentation is received. He will subrnit the Critical Eroded Area as a stand-alone document. Gary McAlpin recommended forming a separate Work Group Committee to deal with issues. Victor Rios moved Mr. McAlpin petition the CAC petition the BCC to approve a Work Group Committee to satisfy the needs of the Community and the needs of the permit application. Second by Robert Raymond. Motion carried unanimously, 3-0. Gary McAlpin recommended the Committee rnove forward to petition DEP for funding of a development contract for the engineering of the Inlet Management Plan. Victor Rios moved to have Mr. McAlpin petition the BCC to fund the development contract for engineering associated with the Inlet Management Plan. Second by Robert Raymond. Motion carried unanimously, 3-0. 2. Discuss erosion on Barefoot Beach and rebuild and repair plan and preserve designation. 4 February 8, 2010 Steve Keehn presented a slide presentation with some of the following- ~ Flood Channel rnigration eroding Barefoot Beach. ~ Sand bypassing to the north was insufficient. ~ A long shore transport is northward. ~ Inlet filling in significantly from the south ~ Since 1984, too much sand was placed to the south, then to the north. ~ Need more definitive structures to fill in sand. ~ Future position sand ratio should be 2.6 more sand to the north then south based on historic documentation. It was noted the US Corp of Army Engineers will also review application before a permit will be granted. The shoreline has changed over the last 30-40 years and the County loss ~ 10 Acres of Sandy Beach ~ 3 Acres of Shoreline Vegetation ~ 50' of Mangroves ~ Some Shoreline. Steve Keehn made the following recommendations. ~ P1acernent of a near-shore disposal near shore ~ Placement of a near-shore and on-shore disposal a Barefoot Beach ~ Straighten up Inlet and create a new flood shoal on the other side of the inlet. Speaker Doug Fee commented the County has a 50-year lease on land north and south. The lease states no alterations are allowed. He questioned if an Inlet Managernent Plan had ever been approved and if not why would there be a need for are-write. Recessed at 10:35 am Reconvened at 10:40 am 3. Concerns over Letter of consistency for this work and resolution process. Gary McAlpin distributed and reviewed a summary of the Wiggins Pass Permitting Meeting held on January 22. (See attached) Approvals required by the Land Development Code for the proposed dredging proj ect are - . Special Treatment Permit . Coastal Construction Setback Permit . Vehic1e on the Beach Permit . Plus 2 other Permits that may be required - Vegetation Removal and/or Ternporary Use Permit from Zoning Speaker Doug Fee commented he was happy that public meetings were going to be held and noted Land Development Code has a rigorous review. 5 February 8, 2010 Staff responded they will meet all State requirernents. 4. Concerns about land lease requirements from the state system to do this work. Steve Keehn, Engineer stated the DEP Permit Process in Tallahassee will review and identify if there are any issues. He will provide survey drawings and anticipates changes will be required by the State. A Wiggins Pass survey will be cornp1eted after permitting because changes may be made in the process. Speaker Doug Fee read a paragraph from the Land Lease on Deed Restrictions and asked if the County would request an Upland Lease on the south side. Gary McAlpin responded State Lands will tell the County what has to happen before, and the County will meet State Requirements. IX. Old Business - None. X. Announcements Gary McAlpin suggested the Staff work with the Stakeholders and report to the Comrnittee with questions. He suggested the Work Group Committee be rnade up of the 3-Members of the Wiggins Pass Subcommittee and Representatives from the following groups to be approved by the BCC. ~ Friends of Barefoot Beach ~ Boating Community ~ De1nor/Wiggins State Park (DWSP) ~ Conservancy of Southwest Florida ~ Vanderbilt Beach Home Owners Association (VB HOA) ~ Estuary Conservation Association (ECA) Other suggestions made were - ~ Environmental Engineering Staff - Expertise ~ Friends of Wiggins Pass ~ FWC and FWS DEP from Fort Myers Victor Rios expressed concern over having people from a regulatory agency as that person may be bias. Nicole Ryan, Conservancy responded regulatory people (an Ecologist) would bring expertise and perspective to the table. Gary McAlpin stated the Work Group Committee purpose would be to develop an update or a new Inlet Management Plan to submit to the Subcommittee, DEP and the BCC. He recornmended the Stakeholder be independent and in support of the project. Speaker Jack Kindsvater, resident and boater stated there are Stakeholders in the boating community and verbally listed; safety aspects - Fire and Police Departments, Sea Tours, 6 February 8, 2010 Commercial Fisherman, Fishing Guides and individual boaters may be worth considering. It was decided Nicole Ryan and Gary McAlpin would work together as advisors and make recornmendations for legitimate Stakeholders. A list of individual representative names will be submitted to the Wiggins Pass Subcomrnittee for approval prior to submitting recomrnendations to the BCC. The work group will tentatively hold their first meeting in May. XI. Committee Member Discussion - None. XII. Next Meeting Date - Location to be determined The next meeting of the Wiggins Pass Subcommittee will be March 8th at 9:00 AM. The only item on the agenda will be to address the membership on the Wiggins Pass Work Group Committee. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:35 am. Collier County Costal Advisory Committee - Wiggins Pass Subcommittee Joseph A. Moreland, Chairman These Minutes were approved by the Board/Committee on as presented , or as amended 7