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CAC Minutes 04/08/2010 R April 8, 20 1 0 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, April 8, 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 Victor Rios Robert Raymond Joseph A. Moreland John Arceri (Excused) (Vacancy) ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Colleen Greene, Assistant County Attorney Gail Hambright, Accountant Dr. Michael Bauer, City of Naples 1 Collier County: April 8,2010 Page 1 of2 April 8, 2010 MEETING AGENDA & NOTICE MEETING AGENDA &. NOTICE COASTAL ADVISORY COMMITTEE (CAe) THURSDAY, APRIL 8,2010 - 1:00 P.M. TURNER BUILDING (Administrative Building F, 3rd Floor Collier County Government Center, 3301 E. Tamiami Trail, Naples) Sunshine Law on Agenda Questions 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. March 11. 2010 VII. Staff Reports 1. Expanded Revenue Report - Gary McAlpin 2. Project Cost Report - Gary McAlpin VIII. New Business 1. Emergency Truck Haul Project - Doctors Pass and Park Shore a. Engineering Status/Permit b. Conceptual Construction Plan 2. Fiscal Year 10/11 Budget Discussion a. Fiscal Year 10/11 Budget Analysis b. Fund 195 10 Year Plan c. Fiscal Year 09/10 Grant Applications with Grant Guidelines d. Fiscal Year 10/11 Grant ADDlications with Grant Guidelines 3. Wiggins Pass Inlet Permit Application Update a. RAI Comments - FDEP b. Inlet Management Plan and Environmental ImDact Studv 4. Uncompleted Word Awarded on BVO Contracts a. North County Passes - CP&.E 5. Dune Restoration Grant ProGram Policv Proposal a. Grant ADDlication from Park Shore IX. Old Business 1. Clam Bay Subcommittee - Update a. Anthonv Pires e-mails dated 3/27/10 and 3/19/10 to Steve Feldhous Re9ardinG WorkshoD. b. Final Version Proposal to PDSD Peer Review X. Announcements XI. Committee Member Discussion http://www.colliergov.net/index.aspx?page=2 907 4/7/2010 Collier County: April 8, 2010 Page 2 of2 XII. Next Meeting Date/Location May 13, 2010 - Government Center, Administration Bldg. F, 3rd Floor 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 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.colliergov.net/index. aspx?page=2 907 4/7/2010 April 8, 2010 I. Call to Order Chairman Sorey called the meeting to order at 1 :02 PM 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 Mr. Rios moved to approve the Agenda. Second by Mr. Hendel. Carried unanimously 7-0. V. Public Comments None. VI. Approval of CAC Minutes 1. March 11,2010 Mr. Rios moved to approve the minutes subject to the following addition: Page 2, item III - Roll Call - Before motion, addition of the statement Chairman Sorey recommended the Agenda be modified for the Committee to hear item VILl- "Appointment of Marco Representative to CAC before approval of the Agenda. " Second by Mr. Moreland. Carried unanimously 7-0. VII. Staff Reports 1. Expanded Revenue Report - Gary McAlpin The Committee reviewed the "Tourist Tax Revenue Report - FY 2009 - 2010" updated through March 2010. 2. Project Cost Report - Gary McAlpin The Committee reviewed the "FY 2009/2010 TDC Category "A: Beach Maintenance Projects" updated through April 1, 2010. The Committee requested: · Staff provide an update on the Clam Bay Aids to Navigation "Letter of Consent" at the next meeting. · A monthly update on the dollar amount of contracts awarded to consultants listed in the Project Cost Report. VIII. New Business 1. Emergency Truck Haul Project - Doctors Pass and Park Shore a. Engineering Status/Permit Gary McAlpin presented the Executive Summary "Recommendation to approve an after the fact authorization of engineering funds required for the emergency truck haul projectfor Doctors Pass and Park Shore with CP&E 2 April 8, 2010 for time and material not to exceed $41,075 and any necessary Budget Amendments" dated April 8, 2010. He noted: · The project will be funded through the 195 Fund, not directly from emergency funds. · The project will address eroded beach hot spots south of Doctors Pass. · The length of construction schedule cited in Phase I and III of the document (30 or 60 days) will be revised to provide consistency. · The Competitive Consultants Negotiation Act (CCNA), does not apply as the total amount of the contract is less $50,000. Mr. Hendel moved to approve the recommendation provided in the Executive Summary (approve an after the fact authorization of engineering funds requiredfor the emergency truck haul projectfor Doctors Pass and Park Shore with CP&Efor time and material not to exceed $41,075 and any necessary Budget Amendments'? Second by Mr. Rios. Carried unanimously 7-0. b. Conceptual Construction Plan Gary McAlpin presented the Executive Summary "Recommendation to approve contract expenditure for up to $375,000 as per the attached conceptual plan for emergency truck haul re-nourishment at Doctors Pass and Park Shore beaches and any necessary Budget Amendments" dated April 8,2010. He noted the current estimate to obtain the permits for the work is 5- 6 months, which is too long given the urgency of the situation. There are 3 options to expedite the permit process: 1. Obtain an emergency dredge declaration. 2. Obtain a CCCL (Coastal Construction Control Line) permit from FDEP for the project. 3. Amend the existing permit - would require amending the sand source, requesting truck hauling for the sand, and for the work to be completed in the summer (during turtle nesting season). Option 3 is the most feasible and Staff proposes to meet with the Florida Department of Environmental Protection before the application is submitted in attempt to answer all questions, reducing multiple Requests for Additional Information. This could reduce the permit process to approximately 60 - 90 days. The intent is to obtain bids for the work during the permit process, and begin the work immediately after the permit is issued. Turtle nesting should not be an issue, as there is no beach available for nesting. Mr. McAlpin also provided an overview of the construction process which will include hauling sand by truck and delivering it to the beach via conveyors. The solution is expected to last approximately 3 years at which 3 April 8, 2010 time there will be a major beach re-nourishment. Then a longer-term solution to the problem will be implemented. Speakers Doug Finlay noted a large volume of the sand placed during the last Countywide beach re-nourishment appears to have dissipated. He expressed concern over 10 years Beach Re-nourishment Cycle. He recommended consideration be given to reducing it to approximately 7 years. Margaret Grant, Indies West noted since the March 8, 2010 meeting the beach in the area has eroded approximately 2 more feet. She requested immediate assistance to address the problem. She provided photographs which identified the extent of the erosion. Linda Penniman, Moorings property owner, expressed concern on the length of the permit process noting addressing the erosion is an emergency. Mike Field, Gulfview Beach Club noted the area should be deemed an "emergency situation." Gary McAlpin noted another option is for Collier County and the City of Naples to declare an emergency and sand be placed to the "mean high water" line on the landward side. He expressed concern the sand will migrate to the near shore creating a permit violation. The option could be implemented quickly, but should remain a "safety valve." Mr. Hendel expressed concern on the urgency of the situation and based on the time estimates for receiving the permits, recommended the Board of County Commissioners and Naples City Council deem the problem an "emergency. " Gary McAlpin recommended delaying this action temporarily until Staff meets with FDEP Staff to discuss the aspects involved in amending the permit. Mr. Pires recommended the BCC declare the situation an "emergency" at their next meeting, and adopt a resolution requesting assistance in addressing the issue from the Governor and Cabinet. In addition, on page 4 of 8 of the proposal, under "Permit Application and Processing" - Staff should clarify the extent of the berm construction and the work is intended to be completed during turtle nesting season. Mr. Rios moved to approve the recommendation as outlined in the Executive Summary (approve contract expenditurefor up to$375,OOO as per the attached conceptual plan for emergency truck haul re-nourishment at Doctors Pass and Park Shore beaches and any necessary Budget Amendments). To recommend Staff attempt to have an item placed on the 4 April 8, 2010 next available Board of County Commissioner's and Naples City Council Agenda to pass a resolution declaring the situation an "emergency." The BCC also make a determination the emergency situation may require a deviation from normal Purchasing Policies. Second by Mr. Raymond. Carried unanimously 7-0. 2. Fiscal Year 10/11 Budget Discussion Gary McAlpin presented the Executive Summary Recommendation to Approve the FY10/11-195 Fund Budget and Analysis; Fund 195 -10 Year Fund Projections; FY 09/10 Grant Applications and the FY10/11 Grant Applications" dated April 8, 2010. a. Fiscal Year 10/11 Budget Analysis Gary McAlpin presented the document "FY10/11 -195 Fund Budget and Analysis" dated April 8, 2010 for review. It was recommended item 8 Projected Expenses, - "Category Pier Reserves" be amended to reflect the item is for the "Naples Pier. " b. Fund 195 10 Year Plan Gary McAlpin presented the document "TDC Category "A:" 195 Fund Projections" dated April 8, 2010 for review. The document provides projected expenses for the Department through 2018 including a FY2012113 major beach re-nourishment project. He noted without funding from FEMA (or other Federal or State Funds, etc.), the Department will not have enough revenue to implement its required programs. Break: 3:00pm Reconvened: 3:07pm Mr. Pires did not return c. Fiscal Year 09/10 Grant Applications with Grant Guidelines Gary McAlpin presented the Executive Summary Share TDC Category "A" Grant Applications not budgeted in FY 09/10 dated April 8, 2010. Mr. Burke moved recommend (the Board of County Commissioners) approve the FY 09/10 Grant Applications. Second by Mr. Moreland. Carried unanimously 6-0. Mr. Pires returned at 3: 12pm d. Fiscal Year 10/11 Grant Applications with Grant Guidelines Gary McAlpin presented the Executive Summary "Share TDC Category "A" Grant Applications from the City of Naples, The City of Marco Island and Collier County for FY-10/11" dated April 8,2010. 5 April 8, 2010 Mr. Rios moved to recommend (the Board of County Commissioners) approval of the Grant Applications. Second by Mr. Hendel. Carried unanimously 7-0. 3. Wiggins Pass Inlet Permit Application Update a. RAI Comments - FDEP Gary McAlpin provided a Memorandum from Jeff Raley, Florida Department of Environmental Protection (FDEP) - Bureau of Natural and Cultural Resources to Dr. Merrie Beth Neely - FDEP - Bureau of Beaches and Coastal Systems, Subject "Collier County's JCP application, File No. 012538 Wiggins Pass" dated March 24,2010 for review. The Memorandum will be addressed in detail at the April 19, 2010 Wiggins Pass Subcommittee meeting. b. Inlet Management Plan and Environmental Impact Study Gary McAlpin presented the Executive Summary Recommendation approval Work Order under Contract 06-3902 for additional tasks for the Wiggins Pass project for time and material not to exceed $125, 178 dated April 8, 2010. Mr. Moreland moved to recommend the Board of County Commissioners approve Work Order under Contract 06-3902 for additional tasks for the Wiggins Pass project for time and material not to exceed $125,178. Second by Mr. Burke. Motion carried 6 'yes" -1 "no." Mr. Pires voted "no." 4. Uncompleted Work Awarded on BVO Contracts a. North Country Passes - CP&E Gary McAlpin presented the Executive Summary "Recommendation to approve Work Order under Contract 09-5262 with Coastal Planning & Engineeringfor North County Passes Survey and Engineering Reportfor time and material not to exceed $79,935. This is the unfinished work under the BVO contractfor Physical Monitoring and a contracting method change to satisfy the Clerk's concerns for the County's contracting method dated April 8,2010. He noted the policy has been prepared at the direction of the Purchasing Department. It was recommended the line 5 - 6 of the title of the Executive Summary be amended from"... contracting method change to satisfy the Clerk's concerns for the County's... " to "... contracting method change in an attempt to satisfy the Clerk's concerns for the County's... " Speaker Marcia Cravens, Mangrove Action Group requested clarification if the work has been noticed for competitive bidding? In the past, qualifying firms have been rotated through the CCNA process. Public records indicate the original sand bypassing project approved in April/May 2008 for Clam Bay was developed by the "Estuary Improvement Discussion Group." The Group 6 April 8, 2010 did not operate under the Sunshine Law and, in her opinion, had no authority to make the recommendation for the work. The project has been subject to numerous change orders and questions how any work orders may proceed given the fact they were derived from this original recommendation. Chairman Sorey stated these concerns should be directed to the Board of County Commissioners. Mr. Burke moved recommend the Board of County Commissioners to approve Work Order under Contract 09-5262 with Coastal Planning & Engineeringfor North County Passes Survey and Engineering Reportfor time and material not to exceed $79,935. This is the unfinished work under the BVO contractfor Physical Monitoring and a contracting method change in an attempt to satisfy the Clerk's concernsfor the County's contracting method. Second by Mr. Moreland. Motion carried 6 'yes"-l "no." Mr. Pires voted "no." 5. Dune Restoration Grant Program Policy Proposal Gary McAlpin presented the document "The Collier County Dune Restoration Program" dated April 8, 2010. It was recommended Page 3, Section "Dune Restoration Grants Program" -line 3 be amended from".. .15,000 will be allocated for private dune restoration" to ".. .15,000 will be allocated for private dune restoration on private property for primarily public purpose and benefit" or similar language. Gary McAlpin noted he would work with the Assistant County Attorney to clarify the language. Mr. Hendel moved to recommend approval of the Dune Restoration Program. Second by Mr. Raymond. Carried unanimously 7-0. a. Grant Application from Park Shore Gary McAlpin presented the Executive Summary "Recommendation to approve the installation and planting of native vegetation in the Common Areas within Collier County by Earth Balance for time and material not to exceed $8,060" dated April 8, 2010. Mr. Rios moved to recommend approval for the installation and planting of native vegetation in the Common Areas within Collier County by Earth Balance for time and material not to exceed $8,060. Second by Mr. Hendel. Carried unanimously 7-0. IX. Old Business 1. Clam Bay Subcommittee - Update Gary McAlpin 7 April 8, 2010 a. Anthony Pires e-mails dated 3/27110 and 3/19/10 to Steve Feldhaus Regarding Workshop b. Additional e-mails dated 4/7/10 Mr. Pires noted he had met with Steve Feldhaus to discuss the concept of a public workshop and understands his position for preferring a "private meeting." The Foundation will meet with Gary McAlpin and Leo Ochs (County Manager) to address the issues involved in Clam Bay (Clam Pass Park Expansion, bathrooms at Vanderbilt Beach, Clam Bay, etc.) Gary McAlpin requested direction on the status of holding a public meeting to discuss any issues associated with Clam Bay. Mr. Pires noted following the private meeting, a public meeting with the Pelican Bay Services Division will be considered. Mr. Pires noted there was a Subcommittee meeting where the improvements to Clam Pass Park were discussed. Gary McAlpin noted the FDEP has issued a second RAI for the Clam Pass maintenance dredging JCP (Joint Coastal Permit) application. c. Final Version Proposal to PDSD Peer Review Gary McAlpin presented the document "Clam Bay Estuary Peer Review Scope of Work" last revised March 19,2010 - Rev. 1 The item was discussed at the previous Clam Bay Subcommittee meeting and modified as requested. The intent is to identify Peer Reviewers based on a list of qualified individuals/organizations provided by both the County and by Pelican Bay Services Division. Once a list has been formulated by the parties, a reviewer would be selected by joint agreement. The document was submitted to the PBSD on April 7,2010 and was rejected by a vote of 11-0. Speakers Marcia Cravens, Mangrove Action Group submitted an email from David Tomasko (PBS&J) to Gary McAlpin dated November 16,2009, which provided a list of qualified individuals to review his work. She expressed concern the entities would approve his work and the effort will not be considered an "independent review." Dr. Harold Wanless completed a Peer Review which is critical of the original study and no County Committee has reviewed the Report to date. The public has a right to be informed of any reviews of the work completed by PBS&J and requested the review be discussed on the record by the Coastal Advisory Committee. John Domenie, Pelican Bay Services Division stated the Pelican Bay Services Division unanimously passed a resolution to schedule a workshop to discuss the Peer Review Process and will provide names for consideration. They are concerned the Peer Review document does not reflect the resolution approved by the BCC on December 15, 2009 which did not rule out "stand alone academics." The PBSD did not have an opportunity to review the credentials of the individuals/organizations proposed in the "Scope of Work" and expressed concern over a possible ethics violations with Mr. Tomasko 8 April 8, 2010 recommending the Peer Reviewers. The reviewers identified work in waterways incomparable to the Clam Bay Estuary System. He requested Gary McAlpin meet with the PBSD and prepare a scope of work consistent with BCC direction. Mary Johnson, Mangrove Action Group agreed with the Mr. Domenie's request, which in attempt to reach a consensus, PBSD review the Scope of Work before referral to the Clam Bay Subcommittee. Mr. Moreland requested clarification on the status of the Mangrove Action Group. Marcia Cravens noted it is a non-profit, State of Florida organization with approximately 60 members. Gary McAlpin re-iterated the proposal is for the County and PBSD to submit names of Peer Reviewers be jointly evaluated, and the reviewer be chosen by consensus of both parties. Keith Dallas, Chairman, PBSD addressed the Committee noting the PBSD Board did not have sufficient time to review the document provided on the Peer Review. This was a basis for rejection of the document at the PBSD Board meeting. Gary McAlpin requested Committee direction on how to proceed to resolve the issue. Chairman Sorey directed Staff to attempt to work out the issue through the proposed meetings (the meeting with Pelican Bay Services Division and the meeting between Mr. Feldhaus, Mr. McAlpin and Mr. Ochs). Return the item to the Coastal Advisory Committee at the May meeting. If resolution cannot be reached, the Board of County Commissioners should appoint a Peer Reviewer. The Committee agreed. X. Announcements None XI. Committee Member Discussion Mr. Moreland noted there will be an Estuary Conservation Association meeting on April 12, 2010 6:30pm at St. Johns Evangelist Church to discuss the Wiggins Pass Project. Mr. Pires noted Colleen Greene, Assistant County Attorney provided a memorandum indicating the Sunshine Law does not require an Agenda and/or related documents for a meeting be posted 48 hours in advance. The question arose at the previous Clam Bay Subcommittee meeting where members of the public objected to the meeting 9 April 8,2010 based on the allegation the Agenda and backup material require a 48 hours advance posting. He continued to express his concern over the Purchasing Policy as indicated by his negative votes under item VIII.3.b and VIII.4.b. XII. Next Meeting Date/Location May 13,2010 - 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 4:20 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