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CBSC Minutes 03/18/2010 March 18,2010 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE - CLAM BAY SUBCOMMITTEE Naples, Florida, March 18,2010 LET IT BE REMEMBERED that the Collier County Coastal Advisory Committee - Clam Bay Subcommittee in and for the County of Collier, having conducted business herein, met on this date at 1:00 P.M. at the North Collier Regional Park Administration Building, 15000 Livingston Road, Naples, Florida, with the following members present: CHAIRMAN: Anthony Pires Jim Burke John Arceri ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Gail Hambright, Accountant Colleen Greene, Assistant County Attorney MEETING AGENDA CLAM BAY SUBCOMMITTEE THURSDAY, MARCH 18,2010 - 1:00 P.M. TILL 5:00 P.M. NORTH COLLIER REGIONAL PARK, 1500 LIVINGSTON ROAD, ADMIN ISTRA TlON 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 1. February I, 2010 Minutes VII. Staff Reports VIII. New Business I. Clam Bay Biological Study - Discussion 2. Peer Review Scope of Work 3. Modeling Program Scope of Work 4. Wanless Report - Discussion 5. BVO Process - Update 6. RAl Comments Clam Pass Permit Application - Discussion 7. 1.G. McAlpin March 10,2008 Memo to Colleen Green 8. Clam Pass Park Conceptual Plan IX. Old Business X. Announcements XI. Committee Member Discussion XII. Next Meeting Date/Location April 15, 2010; 2800 N. Horseshoe Drive, Community Development, Conference Room 609 & 610, Naples XIII. Adjournment * Public speakers must do the fol/owing for any item.' presented to the Board: Each document must display the pre.,enter's name and title of document. Provide a total of 7 copies of each handout, to be distributed as jiJl/ows: 3 Board Members; 1 Minute Taker; 1 County Attorney; 2 CZM Staff members. * The fol/owing websites will provide information, agendas and dates for this subcommittee: httD://www.collierf!ov.netlIndex.asDx ?Da1!e= 18 htto://www.collierl!ov.net/lndex. asox ?oal!e=2390 All interested partied are invited to attend, and 10 register to speak and to submit their objections, irany, in writing, to the board prior to thl: meeting if applicable. For more information, please contact vail D. Hambright at (239) 252-2966. If you arc a person with a disability who needs any accommodation in order to participate in Ihis proceeding, you are entitled, at no cost to you, 10 the provision of certain assistance. Pkase contact thc Collier County facilities Management Department located at 3301 Easl Tamiami Trail, '\Iapks, rL 34112, (239) 252-8380. Public comments will be limited to 3 minutes unless the Chairman grants pelmission 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 l10ard of County Commissioners and its advisory boards, register with the Clerk to the 130ard at the Board Minutes and Records Depllltment March 18,2010 I. Call to Order Chairman Pires called the meeting to order at 1 :02 p.m. II. Pledge of Allegianee The Pledge of Allegiance was recited. III. Roll Call Roll call was taken and a quorum was established. IV. Changes and Approval of Agenda Chairman Pires requested the following changes to the Agenda: . Addition of Item IV.a - Sunshine Law Requirements . Item VIII.5 to become Item VIII. 1 Remaining items to be renumbered aceordingly Mr. Arceri recommended: . Addition of item VllI.9 - Pelican Bay/CAC Workshop Update . Deletion of Item VllI.4 - Wanless Report - Reason: The previous Clam Bay Advisory Group, the Coastal Advisory Committee and Board of County Commissioners have acted on the recommendations provided in the PBS&l Water Quality Study for Clam Bay. Mr. Burke agreed. Chairman Pires objeeted and stated, at the Chairman's prerogative, an item may be added or deleted to an agenda without full consent of the Committee. Mr. Arceri disagreed and stated agenda approvals require consent of a Committee. Colleen Greene, Assistant County Attorney noted she would have to research the issue and provide an opinion if the Chairman or the full Committee is empowered to make ehanges to an agenda. Mr. Arceri moved to table the item VIllA - Wanless Report until the next meeting pending a decision on procedure. Second by Mr. Burke. Motion carried 2 yes - 1 no. Chairman Pires voted "no. " Mr. Arced moved to approve the Agenda subject to the items recommended being added above. Second by Mr. Burke. Carried unanimously 3-0. a. Sunshine Law Requirements - Colleen Greene Chairman Pires stated members of the publie have asserted today's meeting is a violation of the Sunshine Law, and should not be held. The assertions are based on the premise the complete agenda and related backup materials for the meeting were not available to the public 48 hours in advance. He noted the Public Notice for the meeting was issued on February 1,2010. Colleen Greene, Assistant County Attorney presented a memo to Chairman Pires dated March 18, 2010, "Re: Sunshine Law and Agenda questions" whieh confirmed the Sunshine Law does not require the agenda to be made available to 2 March 18,2010 the public 48 hours in advance. She noted the Sunshine Law does require a Notiee of Publie Hearing 48 hours in advance of a meeting, the meeting be open to the publie and minutes be reeorded. Proceeding with the meeting does not constitute a violation of the Sunshine Law Chairman Pires noted a Committee cannot mandate materials submitted by the public be provided 48 hours in advance of a meeting, or the number of copies submitted. For more efficient rneeting discussion, he requested the individuals strive to meet his previous request for ample copies being provided to subcommittee rnembers, staff and the recorder. The County is attempting to provide meeting materials 48 hours in advance, if possible. V. Public Comments Speakers David Roellig, requested clarification if County representatives have traveled to Washington to seek FEMA funding for the Clam Bay Water Quality Studies. Chairman Pires requested it be addressed under Staff Reports. Linda Roth, noted the Wanless Report was never discussed by any Committees. She requested the meeting be postponed as the Agenda and related materials were not posted at least 48 hours in advanee. She noted only 3 copies ofinfonnation should be required for submittal by the publie; I copy for staff, the reeorder and subeommittee. Chairman Pires noted it is advantageous for each subcommittee member, staff liaison and County Attorney be provided a copy of any information submitted and requested the public to attempt to meet the request. VI. Approval of Minutes 1. February 1, 2010 meeting Mr. Burke moved to approve the millutes of the February 1,2010 meetillg. Second by Mr. Arceri. Carried ullallimously 3-0. VII. Staff Reports Gary McAlpin, Director of Coastal Zone Management reported: · The County is seeking Federal funding in the amount of $250,000 to assist in Engineering/Water Quality Studies in the Clam Bay Estuary System (CBES). The requests are being direeted through the areas Legislative Delegation. Peliean Bay Foundation has requested some wording ehanges as presented in the written request. He will forward the BCC minutes to the Subcommittee regarding the issue. · The "Letter of Consent" application for the proposed Aids to Navigation in Clam Bay has been submitted to the Florida Department of Environmental Proteetion (FDEP). VIII. New Business 3 March 18,2010 1. BVO Process - Update Gary McAlpin reported the County Clerk is investigating whether the BVO (Best Value Offer) program is a legal proeess. He has eeased payments on contracts involved in the BVO process. Any eonsultants affected have been issued a 'Stop Work Order." The "Stop Order" direetly affeets the work being condueted on the Clam Bay Management Plan and County's physieal monitoring of beaches. He provided a eopy ofa rnemo to Dwight Brock, Clerk of Courts from Jeff Klatzkow, County Attorney dated March 10,2010, "Re: Competitive ConsulLanls Negotiations Act" outlining the Counties position why the BVO proeess is lawful. The issue may be resolved via an Attorney General's Opinion, legal aetion or mediation. The County will eontinue to conduet the business as required by attempting to re- align any related contracts, etc. Speakers Marcia Cravens, Mangrove Action Group supports Mr. Broek's deeision as he is responsible to ensure contracts are eonducted in a legal manner. In the past, the County award contraets to firms on a rotating basis. She sought a public request for the awarding of the PBS&J eontraet for the work in Clam Pass, but was told no public records exist. 2. Clam Bay Biological Study - Discussion Gary McAlpin presented the document "Upper, Inner and Lower Clam Bay Biological Studv" dated lanuary 19,2010 prepared by PBS&l for review. Speakers Marcia Cravens, Mangrove Aetion Group supports the Biological Study and the Mangrove Aetion Group and Peliean Bay Foundation contraeted the Conservancy of Southwest Florida for a eomprehensive study on the state of the benthic community in the CBES. Kathy Worley, Conservancy of Southwest Florida noted she sent an email with comments on the proposed Clam Bay Biological Study (March 16, 20103:21 PM to Gary McAlpin, Subject: Thur CAC CB Subcommittee Meeting Subject: Biological Monitoring). She can provide the methodology to be utilized for the study being eondueted by the Conservaney of Southwest Florida. Mr. Areeri recommended the questions posed in her email be answered. Chairman Pires reeommended representatives from PBS&l present at the next meeting to answer any questions. Mr. Arceri reeommended the Subcommittee review the above doeument today and provide input for the final doeument. 4 March 18,2010 Gary MeAIpin noted the doeument outlines how the study should be completed, with PBS&l preparing the report by outsoureing components and having them submitted back for final review. The Subcommittee reviewed the document and provided preliminary comments for consideration Task 1.0 Review of Existin!! Biolo!!icaI Data Clarify the various Agencies identified in the list (i.e. change 'The Nature Conservaney" to the "Conservancy of Southwest Florida," which Chapter of the Audubon Society will be utilized, ete.) Task 2.0 Man!!rove Health Assessment Clarify how the Scope of Work will be completed with PBS&l reviewing all the existing doeumentation and supplementing it with additional studies as neeessary. Task 3.0 Wadin!! Bird Survey No cornments Task 4.0 Fish Survey To be eonducted by the Florida Fish and Wildlife Serviee, standard methodology. Background information to be provided to Kathy Worley Task 5.0 Benthic Collection and Analysis 1t was noted the Conservancy of Southwest Florida is completing a eomprehensive study. Staff to receivc the "seope of the study" and if consistent with the purpose of the overall study, the work will not be duplicated. Task 6.0 Submer!!ed Resource Survey No eornments Task 7.0 BioIo!!ieal Assessment Report and PubIie Presentation No comments Sarah Wu, Seagate Resident agreed the work being completed by the Conservaney of Southwest Florida for Task 5.0 should not be duplicated if necessary. Gary McAlpin noted he met with Andrew McElwaine, Exeeutive Direetor of the Conservaney of Southwest Florida on performing the study; however he indicated he did not have the Staff Resourees to complete the task. It was noted the study will be a baseline rneasure of the biological state of the CBES and used for formulating recommendations in a Final Management Plan. Staff will submit a revised document for review at the next meeting. 5 March 18,2010 3. Peer Review Scope of Work Gary McAlpin presented the doeument "Peer Review Scope of Work" dated March 15,2010 for review. The Peer Review will be for the seope of work completed by PBS&J including the Modeling Study. He recornmends the following organizations/persons be considered for conducting the Peer Review: Sarasota Bay National Estuary Program run by Dr. Jay Leverone; Tampa Bay Estuary Program Run by Ed Sherwood and Dr. Loren Coen, the Executive Director of Sanibel-Captiva Conservation Foundation. Charlotte Harbor National Estuary Program run by 1 udy Ott was identified as a possible eandidate, but he has eoneerns due to their historic relationship with Conservancy of Southwest Florida, and the Conservancy will be eonducting work in the CBES. Speakers Marcia Cravens, Mangrove Aetion Group noted she was at the PBSD meeting when the request was announced by Neil Dorrill for PBSD to partieipate in funding the Peer Review. She expressed eoneern staff is proposing pre-seleeted candidates without input from the Division. She requested clarifieation if any of the organizations/individuals have a relationship with, or were reeommended by PBS&J. The Subcommittee reviewed the document recommending the following changes: . Clarify the language the reeommendation of the Subcommittee to utilize a stand alone person/organization of academia (as opposed to consultants). . Provide clarifieation if the Peer Reviewer has relationships with any of the Consultants/Organizations who have condueted work within the CBES. Gary MeAlpin noted the document is in preliminary stages, provided for informational purposes and will be modified. Jerry Moffat, Pelican Bay Services Division noted the item has not been addressed by the Division. They were told the normal Request for Proposal will be utilized in selecting the reviewer. The document is a good baseline for the PBSD (and Staff) to formulatc an avcnue for the review. Kathy Worley, Conservancy of Southwest Florida noted the Conservaney completes objectivc environmental studies without bias and has relationships with all persons/organizations identified as candidates for the Peer Review. Chairman Pires agreed and recommended Charlotte Harbor National Estuary Program be included in the list of aeceptable candidatcs. 4. Modeling Program Scope of Work Gary McAlpin presented the doeument "Clam Bay Estuary Modeling Study- Phase 1: - Numerical Modeling of Hydrodynamics, Sediment Transport and Flushing Analysis Using Delfi3d Collier County. Florida" prepared by PBS&J for 6 March 18,2010 review. He noted the item is for informational purposes and requested written comments be submitted to Staff by any interested parties. The item will be addressed at next month's meeting. Speakers Rick Dykman, Seagate Homeowners Assoc. noted the Association is interested in the overall health of the CBES as historically the water quality has deteriorated. They support the studies proposed by Staff. He requested clarifieation on who speaks for the Pelican Bay Foundation as their input is critical. Chairman Pires noted the PBF is actively involved as he has reeeived numerous communieations from Steve Feldhaus, Agent for the Foundation. Marcia Cravens, Mangrove Action Group requested clarifieation on the County requirement of utilizing the DELFT3D software for the modeling. Gary MeAIpin noted the County requires the software as it was utilized in the Wiggins Pass Study and the County is familiar with the system. The County may need to integrate individual modeling studies in the future and it is the premier modeling software available. The subcommillee recommended the following preliminary changes to the document: . Page 2 - Ensuring the definition of the Clam Bay Estuary System (CBES) is consistent throughout the document (and other documents) . Page 2, #3, paragraph to - from "Up to 6 conceptual modifications..." to not speeifying a finite number. . Page 3, # 7 - reference the Peer Review to be condueted. 5. Wanless Report - Discussion Postponed until next meeting. 6. RAI Comments Clam Pass Permit Applieation - Discussion Gary McAlpin noted the PBS&J response to the FDEP Request for Additional Information for the 10int Coastal Permit applieation has been posted online. He provided a eopy of a letter from Robert Diffenderfcr of Longman and Walker, P A to Lanie Edwards of the Florida Department of Environmental Protection "Re: DEP File no. 0296087-001-JC-Collier County Clam Pass Maintenance Dredging" dated March 11,2010 for review. Chairman Pires noted he requested the item be plaeed on the agenda for informational purposcs as hc had received thc copy of the communieation from Steve Feldhaus, Agent for the PBF. Speakers Marcia Cravens, Mangrove Aetion Group noted the JCP is the same application as the 2006 permit application. The intent of the application is not as represented whieh eites the "dredge template" as being the same as the previous 7 Mareh 18,2010 permit issued to the County. PBS&l never answered the FDEP question, "is the ebb shoal intended to be dredged." Chairman Pires noted a PBS&l cover letter submitted with the response to the RAl states "the application is not for dredging different than the past." Discussion oecurred on the new PBF position of opposing any dredging within the CBES, and the potential negative impaets on the overall health of the CBES by lack of dredging for flushing purposes. 7. J.G. McAlpin Mareh 10,2008 Memo to Colleen Green Gary MeAlpin provided an email from himself to Colleen Green, Collier County Assistant County Attorney dated March 10, 2008, Re: "Request for Legal Opinion - Dredging of Clam Bay for Navigation" for review. He noted the email was a request for clarifications on the status of the restrictive covenants on the property deeded to the County. 8. Clam Pass Park Conceptual Plan Gary McAlpin noted Chairman Pires requested a presentation, for informational purposes, on the proposed improvements at Clam Pass Park as the Mission Statement incorporates issues within the whole Clam Bay Estuary System. The proposed improvements include boardwalk, shade facilities, restrooms, etc. The project requires approval of the Pelican Bay Foundation. The item is under the purview of the Parks and Reereation Department (and the BCC.) Speakers Annice Gregerson had several detailed questions on the design of the project and related uses, noting the plan as presented is difficult to view. Chairman Pires requested staff provide a clear drawing "on line" for public viewing and any persons with specific questions on the project submit them in writing to Staff. Linda Roth noted the doeument was only available yesterday, and was not posted on the website. Chairman Pires re-iterated the item was added to the agenda this week for informational purposes to inform the Subcommittee and any other individuals on a proposed project in Clam Bay. It is available in the meeting package posted on line. Marcia Cravens expressed eoneern all the County projects within the CBES are being completed pieeemeal (Clam Pass Park, Clam Pass Navigation, Clam Pass Modeling, ete.) which does not take aecount the overall environmental impaets to the Natural Resouree Protection Area. The area is an Undeveloped Coastal Barrier Resource System. The project is not consistent with the Growth Management Plan or Land Development Code. The density required is 1 unit per 5 acres in the area and impacts are to be concentrated in previously disturbed area. 8 March 18,2010 Sarah Wu requested clarification if the goal is to expand the amount of users or disperse the existing amount of users within the park. Gary McAlpin stated the purpose is to meet both goals. Chairman Pires noted: . The development permits for different projects are at the jurisdiction of the individual agencies involved, not a Master Permit. . Comprehensive Planning Department Staff is responsible for determinations on a projeet's consistency with the Growth Management Plan. . Allowed uses would be in accordanee with the PUD of Peliean Bay. . Density requirements in the area refer to residential development. 9. CAC PeIiean Bay Workshop Update Gary McAlpin noted he sent a letter to eaeh the PBF and PBSD informing them the Coastal Advisory Committee reeommends a public workshop be held on the CBES issues. The Pelican Bay Foundation verbally (March 15,2010) indicated they were not interested in a workshop as proposed. Chairman Pires noted he received an email from Steve Feldhaus on March 16, 2010 "Re: CAC Clam Bay Subcommittee" requesting the Foundation be eonsulted on any activities occurring in Clam Bay and are prepared to work with the County on the issues. They appreciate the offer for a workshop and would like to find a way to work together. The email did not "decline" the opportunity to participate in a "Public Workshop and Gary MeAlpin stated he understood they were interested in a "Private Workshop." Chairman Pires noted he wi]] provide another written invitation to Mr. Feldhaus for a Workshop. IX. Old Business None X. Announeements None XI. Committee Member Diseussion Chairman Pires stated he would be utilizing some of the information contained in the Wanless Report for his eomments to be submitted to Staff on the PBS&J Water Quality Study eonducted for Clam Bay. XII. Next Meeting Date/Location April 15,2010; 2800 N. Horseshoe Drive, Community Development, Conferenee Room 609 & 610, Naples There being no further business for the good ofthe County, the meeting was adjourned by order of the chair at 3:57 P.M. 9 March 18,2010 Collier County Coastal Advisory Committee - Clam Bay Subcommittee Tony Pires, Chairman These minutes approved by the Board/Cornmittee on as presented or as amended 10