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CAC Minutes 03/11/2010 R March 11,2010 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, March 11, 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 1 :00 P.M. in REGULAR SESSION at Administrative Building "F", 3rd Floor, Collier County Government Complex Naples, Florida with the following members present: CHAIRMAN: John Sorey, III VICE CHAIRMAN: Anthony Pires Murray Hendel Jim Burke Ted Forcht Victor Rios Robert Raymond Joseph A. Moreland John Arceri ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Colleen Greene, Assistant County Attorney Gail Hambright, Accountant Dr. Michael Bauer, City of Naples Collier County: March 11,2010 Page 1 of2 March 11,2010 MEETING AGENDA & NOTICE MEETING AGENDA & NOTICE COASTAL ADVISORY COMMITTEE (CAC) THURSDAY, MARCH 11, 2010 - 1:00 P.M. TURNER BUILDING (Administrative Building F, 3rd Floor Collier County Government Center, 3301 E. Tamiami Trail, naples) PUBLIC N.QTIt!; I. Call to Order II. Pledge of Allegiance III. Roll Call IV. Changes and Approval of Agenda V. Public Comments VI. Approval of CAe Minutes 1. an~4,_Z01Q VII. Staff Reports 1. ~~ed Revenue ReDort =_Garv McAIDin 2. Pr~~p-"!:t=!ian'-M.<A!J>in VIII. New Business 1. AIlRointment-.2LMM.QLRear.emntiltiYtltlM--.t1'.-'. 2. Appointment of CAe Member to the Clam Bay Subcommittee 3. ARd.L8... 2010 Aaendil.Item1....EiJ.lliY~lllnPJut.ejtBJ.!.d9.e1-eli'1I1...Gri'HI....t ADDlicatio~entation~ Forcasted ReVe.D..I"ULflg_iLY_eiIL2O.11 4. EfMA,".Reimtu.l.....rI..eID.e.....n......l....LlR.d~nc!....StnY5....m.QYIMiUld..,tQr.Y_Rel!ier'le __ _----..A'-C"O"U""llt5 a. b..tkYD Mate.[ial 5. Wi9..9iJ1L..e..U$~ornmitte!it_URd.ilte1S1iJ1.tY5 a. Ba~kYR-M_"_teriiJ 6. Wiggi..ns Pi!i$lnlet_M..i..ru!Ue_ment_ plan l~lQ.rk_T~iUILg~~O.mm~"dation~ 7. G..!am Bay: Sub~,Qmmittee U~date/Status a. ~(:kUD Mi!lterj~! 8 B.est Valye Off~_r (BVO..1~ent Issues with th.e Clerk,.Ql Court$. 9. CAC Workshop with Pelican Bay Community IX. Old Business 1. NaDles Outfall~permit ComD.lianc~ a. ~ackuD IX. Old Business X. Announcements XI. Committee Member Discussion * Wanle"u review ofP,DS&J ReJMlJt XII. Next Meeting Date/Location April 8, 2010 _ Government Center, Administration Bldg. F, 3rd Floor http://www.colliergov.netlindex.aspx?page=2 899 3/8/2010 Collier County: March 11,2010 Page 2 of2 XIII. Adjournment All interested parties are invited to attend, and to register to speak and to submit their objections, jf any, in writing, to the board prior to the meeting jf 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.co11iergov.net/index . aspx ?page~ 2899 3/8/2010 March 11,2010 I. Call to Order Chairman Sorey called the meeting to order at I :02 P.M. II. Pledge of Allegiance The Pledge of Allegiance was recited. Ill. Roll Call Roll Call was taken with a quorum established. It was noted this is Mr. Forcht's last meeting as a member of the Coastal Advisory Committee and Chairman Sorey recognized his service to the Committee. Mr. Hendel moved to appoint Mr. Arceri to the Coastal Advisory Committee. Second by Mr. Rios. Carried unanimously 8- O. IV. Changes and Approval of Agenda Gary McAlpin, Director, Coastal Zone Management noted the following additions to the Agenda: Item VI1l.9 - CAC Workshop with Pelican Bay Workshop Item VII!. I a - Consulting Services with James Lee Witt Associates Item VII!. I a.a - Backup Material Item VIII. II - Vanderbilt Beach Parking Services Item VII!. I I.a - Backup Material Mr. Arceri recommended the following items be deleted from the Agenda, as the PBS&J Report and related recommendations have already been acted on by the Clam Bay Subcommittee, the Coastal Advisory Committee and the Board of County Commissioners. Item IX2. - Wanless Report Item IX2.a - Marcia Cravens e-mails Item IX2.h - Wanless review of PBS&J Report Mr. Pires objected noting he requested the item be placed on the Agenda for informational purposes since the Clam Bay issues are still relevant to the Committee. Mr. Rios agreed. Chairman Sorey polled the Committee on Mr. Arceri's recommendation and requested members who did not want to hear the item indicate by declaring "no." Mr. Arceri. Mr. Forcht. Mr. Raymond, Mr. Hendel, Mr. Burke and Mr. Moreland voted "no." Mr. Rios and Mr. Pires voted "yes. " The items were removed from the Agcnda. Mr. Hendel moved to approve the Agenda as amended. Second by Mr. Rios. Motion carried 8 yes - 1 no. Mr. Pires voted "no. " V. Public Comments 2 March 11,2010 Mike Field, Gulf View Beach Club Assoc. appeared in front of the Committee providing photos and testimony regarding a severe beach erosion problem from an area South of Doctors Pass to the frontage of the Beach Club. The problem has intensified since January of this year until now. He expressed concern ifthc area continues to erode, there will be property damagc. Bill West, Indies West provided photos and testimony of a similar problem on the beach frontage area at Indies West. Gary McAlpin noted the area was last subject to maintenance in 2005 when a major re-nourishment of County beaches was completed. The area was re-nourished to a width of 100 feet and is now severely eroded. The County is aware the area is historically a "hot spot" (area subject to high erosion). It is intended to address the issue during the next Re-nourishment Cycle. If directed by the Committee, an intermediate maintenance plan may be developed. It would take approximately 6-9 months to implement a plan which would rcquire engineering studies, Florida Department of Environmental Protection approvals, etc. Margaret Grant, Indies West verified the comments ofMr. Field and Mr. West and added the surge caused by the last two hurricanes was less than what has been experienced this winter. In addition, the Sea Oats planted have been lost due to the eroSIOn. Discussion occurred on the ramifications of waiting until the next Re-nourishment Cycle as property damage may occur. Chairman Sorey is extremely concerned as the erosion is thc worst he has seen. The area by the Naples Beach Hotel is suffering thc same erosion. He recommended the item be placed on the next Agenda. Gary Strauss, Le Parc Condominium Complex addressed the Committee noting there is a similar problem north of Doctors Pass to Clam Pass Beach. It is affecting the public beach access due to the lack ofbcach width and recommended immediate maintenance be undertaken or thc public access be closed off. Discussion occurred on the ramifications of undertaking an emergency repair without properly addressing the problem over a long-term basis. Mr. Hendel moved to direct Staff to prepare a preliminary emergency maintenance plan including identification of the root cause of the problem, the alternative solutions, the cost of the alternative solutions, the length of time the alternative solutions would address problems and an analysis offuture conditions of the area should no maintenance be undertaken at this time. The item to be placed on the next meeting Agenda. Second by Mr. Pires. Carried unanimously 9-0. VI. Approval of CAC Minutes 3 March 11,2010 1. January 14, 2010 Mr. Rios moved to approve the minutes of the January 14,2010 meeting subject to the following changes: . Page 2, Item VI.I line 5 - from "County Clerk" to "County Clerk as interest income to the Office according to the Florida Statute. " . Page 8, paragraph 5, and bullet point #3 - from 'The PBS&J Report and the thIee recommendations..." to "The PBS&J Report was reviewed and their three recommendations..." Second by Mr. Forcht. Carried unanimously 9-0. VII. Staff Reports Gary McAlpin noted, in relation to Doug Finlay's concern outlined at the previous meeting on the Jetties at Doctors Pass, the permit is valid for 1-2 more years and he will address the concern at next months meeting. PBS&J has updated their Report on the Clam Bay System and requested Committee members submit their comments to Staff. 1. Expanded Revenue Report - Gary McAlpin The Committee reviewed the "Tourist Tax Revenue Report - FY 2009 - 2010" updated through February 2010. 2. Project Cost Report - Gary McAlpin The Committee reviewed the "FY 2009/2010 TDC Category "A: Beach Maintenance Projects" updated through March 1, 2010. VIII. New Business 1. Appointment of Marco Representative to CAC - This item was heard directly after Roll Call 2. Appointment of CAC Member to the Clam Bay Subcommittee Mr. Sorey moved to appoint John Arceri to the Clam Bay Subcommittee. Second by Mr. Forcht. Carried unanimously 9-0. Sneaker John Domenie, Pelican Bay Resident addressed the Committee offering Mr. Arceri a guided tour of the Pelican Bay Community with its relation to the Clam Bay System. 3. AprilS, 2010 Agenda Item: Fiscal Year 2011 Proposed Budget Plan; Grant Gary McAlpin presented the Executive Summary "Application Presentation; Forecasted Revenue Fiscal Year 2011 Update the Coastal Advisory Committee on Revenue/Budget items scheduledjiJr the Apri/8. 2010 CAC meeting" dated March 11,2010. He noted the item is provided as a primer to next months meeting when the budget will be presented for review. 4 March 11,2010 Mr. Hendel requested an update on the Grant funding the re-vegetation proposed for the condominium complexes of Park Shore, Le Parc, etc. Gary McAlpin noted the Grant application is being prepared by Pam Keyes of Coastal Zone Management and he recommended Mr. Hendel contact her regarding its status. Most of the plantings occur east of the erosion line, on private property, and are not required of the landowner. The landowners provide casements to the County for the plantings and the Program is a benefit to the County in protccting the beaches from storm erosion. 4. FEMA Reimbursement Update and Status of our Mandatory Reserve Accounts Gary McAlpin presented the Executive Summary "FEMA Reimbursement Update and Status of our Mandatory Reserve Accounts" dated March II, 20 10. a. Backup Material The document "Tropical Storm Gabrielle, hurricanes Katrina & Wilma storm impact re-assessment report 1995-1996 Collier County beach nourishment project" Preparedfor: Collier County Coastal Zone Management, Prepared by: Coastal Planning & Engineering, Inc." dated January 2010 was presented for review. He noted the item was for informational purposes and the FEMA re- imbursements are intended to be utilized for the County's Beach Re- nourishment Program. 5. Wiggins Pass Subcommittee Update/Status Gary McAlpin presented the Executive Summary" Wiggins Pass Subcommittee Update/Status" dated March 11,2010. a. Backup Material Correspondence with State Agencies and minutes from the Subcommittee meetings. He noted: . The Subcommittee has met 3 times . The JCP (Joint Coastal Permit) application for the proposed improvements to the Pass has been reviewed extensively, and submitted to FDEP and the US ACE. Agency comments are expected within 30 days. . The Florida Park Service is not supporting the permit application at this time and is in the process of outlining concerns to be addressed. . FDEP is now requiring a complete rewrite to the Inlet Management Plan as part of the pem1it application. . Staff has applied for FDEP cost sharing funding to help pay for this activity, which is expected to cost $250,000. 5 March 11,2010 . A work team to address the rewrite of the Plan is being proposed for the CAC and BCC consideration. . A meeting with COES was held to determine the requirements for issuance of a "consistency letter." Gary McAlpin noted the issues with the Florida Park Service revolve on remedial improvement actions to be undertaken to protect the Oelnor- Wiggins State Park property should certain events occur following the improvements (remedial dredging may need to occur if certain conditions dictate, etc.) 6. Wiggins Pass Inlet Management Plan Work Team Recommendations Gary McAlpin presented the Executive Summary "Recommend that the Coastal Advisory Committee approve the structure of the proposed Inlet Management work teamfiJr Wiggins Pass as recommended by the Wiggins Pass Subcommittee" dated March 11,2010. He noted it is Staffs recommendation to appoint the following members to the Work Team: Joe Moreland - Chairman of this committee and Collier County representative on the CAC Victor Rios - Marco Island representative on the CAC Bob Raymond - Naples representative on the CA C Nicole Ryan - Representative of the Conservancy of SW Florida Dick Lydon - Representative of the Vanderbilt Beach TBD - Representative of the Boating Community Tom Crowe - Representative of the Friends of Barefoot Beach Jeff Raley - Representative of the Florida Park Service (DWSP) Jack Kindsvater - Representative of the ECA Mr. Moreland confirmed Staffs recommendation is consistent with the direction provided by the Subcommittee. It was noted the Work Team will operate in accordance with the Sunshine Law. Mr. Moreland moved to recommend the Board of County Commissioners appoint the Work Team to develop the Wiggins Pass Inlet Management Plan as outlined by Staff. Second by Mr. Rios. Carried unanimously 9-0. 7. Clam Bay Subcommittee UpdatelStatus Gary McAlpin presented the Executive Summary "Clam Bay Subcommittee Update/Status" dated March 11,2010. a. Backup Material Minutes from the March 1,2010 Subcommittee meeting. He noted the Subcommittee has met one time, developed a Mission Statement and defined the boundaries of the "Clam Bay Estuary System" (CBES). 6 March 11,2010 Chairman Sorey recommended in addition to a writtcn definition of the CBES, a map be developed delineating the area. Speaker Marcia Cravens, Mangrove Action Group noted the Clam Bay Conservation Area and Natural Resource Protection Area (NRP A) define the Coastal Barrier Resource Area (FL64P) meeting a criteria as "undeveloped." In addition it is identificd as an "Otherwise Protected Area" which is the NRPA. The CBES defined by the Subcommittee on February 1, 2010 was the NRPA. The NRPA has never been maintained or managed for navigation. She submitted a copy of an email from Gary McAlpin to Colleen Greene on "how to get over the Pelican Bay Covenants and restrictions" and how to dredge the area for navigation for review by the Committee. Rick Dykman, Seagate Homeowner addressed the Committee noting the community's number one priority is health and safety of the system and requested the County continue to move in that direction. Mr. Pires noted the permitted uses in the NRP A by definition include "boat trails and boat docks not to exceed 500 square feet per dock." Gary McAlpin noted the email referenced by Ms. Cravens was a request for a legal opinion dealing with dredging within Clam Bay. 8. Best Value Offer (BVO) Payment Issues with Clerk of Courts Gary McAlpin presented the Executive Summary "BVG Payment Issues with the Clerk afCourts" dated March II, 2010. a. Backup Material Submitted. He noted the item is for informational purposes and the County Clerk has ceased payments on contracts involved in the BVO process. Any consultants affected have been issued a 'Stop Work Order." The Order directly affects the work being conducted on the Clam Bay Management Plan and County's physical monitoring of beaches. Speaker Marcia Cravens, Mangrove Action Group expressed appreciation to County Clerk Dwight Brock whose responsibility it is to scrutinize contract processes including if the BVO is a "legal process." 9. CAC Workshop with Pelican Bay Community Gary McAlpin noted he and Chairman Sorey have determined a public "Workshop Meeting" may be beneficial to all involved to ensure accurate information is being disseminated to the public regarding the actions taken by the 7 March 11,2010 Coastal Advisory Committee in relation to the management of the Clam Bay Estuary System. Staff will attempt to schedule the Workshop in April. A similar Workshop may be held for the Seagate Community as well. Mr. Pires left at 2:53 pm 10. Consulting Services with James Lee Witt Associates Gary McAlpin presented the Executivc Summary "Recommendation for the CAC and TDC to approve funding in the amount of $25.000 with James Lee Witt Associates, to provide consultant support tofacilitate the resolution of FEMA payments jiJr beach damages during Tropical Storm Gahrielle, Hurricane Katrina and Hurricane Wilma" dated March 11, 2010. a. Backup Material "Task Order No. 06-4056.1 - Statement of Work for PW Facilitation and Closure" - James Lee Witt Associates. dated February n, 2010. Mr. Rios moved to approve (the recommendation in the Executive Summary for the CAC and TDC to approve funding in the amount of $25, 000 with James Lee Witt Associates, to provide consultant support to facilitate the resolution of FEMA payments for beach damages during Tropical Storm Gabrielle, Hurricane Katrina and Hurricane Wilma)." Second by Mr. Forcht. Motion carried unanimously 8-0. Mr. Pires returned at 2:54 pm Break: 2:54 pm Reconvened: 3:00pm 11. Vanderbilt Beach - Beach Park Facilities Gary McAlpin presented the Executive Summary "Vanderbilt Beach - Beach Park Facilitiesfor Sharing and Discussion" dated March 11,2010. a. Backup Material "Landscape Construction Plans for Concessions + Restrooms - Vanderhilt Beach, Collier County Florida - 50% Complete Drawings" Gary McAlpin outlined the County's proposal of constructing new restrooms and concessions stand and related facilities for Vanderbilt Beach at the west end of Vanderbilt Beach Road highlighting the following: . In accordance with FEMA guidelines, the structure for the concessions stand, viewing deck, shade structure and storage area etc. will be elevated approximately 10 - 11 feet above the elevation of the beach. . The structure is 3,800 square feet in size meeting handicap standards and funded by the Tourist Dcvelopment Council via the Beach Park Facilities account. 8 March 11,2010 . The Pelican Bay Foundation is required to approve the project. They have contacted the Vanderbilt Residents Association and Ritz Carlton who indicated they are opposed to the project. . The Associations and Ritz Carlton feel the deck is too large, opposed to concessions and the facility will be an attractive nuisance to wildlife in the area. . The proposed facility would be consistent with the existing facilities at Clam Pass Park, Barefoot Beach and Tigertail Beach. . The proposed facility is substantially smaller than the similar beach facilities provided in the area by the Pelican Bay Services Division and Ritz Carlton. The item is for informational purposes for the Coastal Advisory Committee and scheduled for review by the Board of County Commissioners on April 13, 201 O. IX. Old Business 1. Naples Outfall Pipes Permit Compliance Gary McAlpin presented the Executive Summary "Naples Outfall Pipes Permit Compliance - Update" dated March 11, 20 10 a. Backup Material The report "City of Naples Beach Outfall System Coastal Impact Assessment & Management Plan" Prepared by Humiston & Moore Engineers February 2010. He noted the existing FDEP permit requires the adoption of a Management Plan addressing the removal of the outfall pipes on the Naples beach. The outfalls need to be addressed to FDEP's satisfaction before FDEP will issue a Notice to Proceed for additional re-nourishment activities. A plan has been submitted requesting the permit condition be lifted due to it is "financially unfeasible" and the structures are not causing environmental degradation. Chairman Sorey noted the City of Naples is still committed to removal of the outfalls and is investigating feasible alternative solutions. Speaker Marcia Cravens, Mangrove Action Group commended the City of Naples for addressing the issue. 2. Wanless Report a. Marsha Cravens e-mails b. Wanless review of PBS&J Report This item was deleted from the Agenda. X. Announcements None 9 March 11,2010 XI. Committee Member Discussion Mr. Forcht thanked Gail Hambright, Gary McAlpin and Committee members for their assistance during his tenure on the Committee. Mr. Pires noted the Request for Additional Information for the Joint Coastal Permit application for Clam Pass has been completed by PBS&J who confirmed to the FDEP the application is not intended to revise the cxisting "dredge template." Gary McAlpin noted the County has filed a permit application for a "Letter of Consent" for the aids to navigation in Clam Bay. XII. Next Meeting Date/Location April 8, 2010 - Government Center, Administration Bldg. F, 3rd Floor There being no further business for the good of the County, the meeting was adjourned by order of the chair at 3:31 P.M. Collier County Coastal Advisory Committee John Sorey, III, Chairman These minutes approved by the Board/Committee on as presented or as amended 10