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CBSC Minutes 05/20/2010 May 20, 2010 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE - CLAM BAY SUBCOMMITTEE Naples, Florida, May 20, 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 1 :00 P.M. at Conference Room 609/610 of the Community Development and Environmental Services Building, 2800 North Horseshoe Drive, 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 1 MEETING AGENDA CLAM BAY SUBCOMMITTEE THURSDAY, MAY 20,2010 - 1 :00 P.M. TILL 5:00 P.M. 2800 NORTH HORSESHOE DRIVE, COMMUNITY DEVELOPMENT CONFERENCE ROOM 609 & 610, 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. March 18, 2010 Minutes VII. Staff Reports VIII. New Business 1. Peer Review Response from PBS&J 2. Status Letter of Consent - Navigation Markers Clam Bay 3. RAI Comments . FDEP Submittal . USACE . Additional Support Required 4. Modeling Proposal 5. BVO/PBS&J Payment Status IX. Old Business X. Announcements XI. Committee Member Discussion XII. Next Meeting Date/Location June 15,2010; 2800 N. Horseshoe Drive, Community Development, Conference Room 609 & 610, Naples 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. We request you 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 Staffmembers. * The following websites will provide information, agendas and dates for this subcommittee: htto://www.collier!!ov.net/Index.asox?oa!!e=18 htto://www. collier!!ov. net/I ndex. asox ?/Ja!!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 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. May 20, 2010 I. Call to Order Chairman Pires called the meeting to order at 1 :00 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 Gary McAlpin, Director, Coastal Zone Management noted the following updates to the Agenda: Item VI. 1 - Correction request of March 18, 2010 minutes, Linda Roth Item VIII.3 - Discussion of RAI comments Item VIllA - Discussion of Attached proposals Item VIII.6 - Biological Study Update Item IX. 1 - Wanless Report Mr. Burke moved to approve the Agenda. Second by Mr. Arceri. Carried unanimously 3-0. V. Public Comments John Domenie, Pelican Bay Resident addressed the Subcommittee noting the area in the vicinity of the boardwalk for Clam Pass Park contains a large amount of refuse. He provided a detailed inventory in writing (entitled "There may be some debris along the boardwalk leading to Clam Pass Park'') of the items observed during a site visit. He recommended the proposed improvements to Clam Pass Park be delayed one year until such a time the County can show they can keep the Mangroves clean and healthy. Chairman Pires requested clarification on where the responsibility lies to maintain the area, Parks and Recreation or the Naples Grande Resort Hotel via their lease agreement with the County. Gary McAlpin noted the responsibility lies with both and has discussed the issue with the Parks and Recreation Department, who is addressing the issue. He will provide an update at the next meeting. VI. Approval of Minutes 1. March 18,2010 Minutes Mr. Burke moved to approve the minutes subject to the following change: Page 3, Paragraph 4, lines 1-3 - from "She requested the meeting be postponed as the Agenda and related materials were not posted at least 48 hours in advance. She noted..." to "She requested that staff post the meeting agenda and support materials at least 2 days in advance of the meeting. The reason is that this is the 2 May 20, 2010 only opportunity for the public to review the materials so they can make educated comments and contribute positively to discussions at the meeting. She noted..." Second by Mr. Arceri. Carried unanimously 3-0. Chairman Pires requested Staff identify the minutes as "Draft" when posted on the website prior to official approval by the Subcommittee. VII. Staff Reports None VIII. New Business 1. Peer Review Response from PBSD Gary McAlpin presented the Executive Summary "Peer Review Responses from P BSD" dated May 20, 2010 for review. He noted: . The original Peer Review proposal approved by the BCC envisioned a review of the Water Quality Study prepared by PBS&J in conjunction with the Circulation Modeling Study. . The Pelican Bay Services Division (PBSD) provided a document "Clam Bay Estuary Peer Review Scope of Work - Explanation of Changes from 3/19/10 Draft- Proposed by PBSD 5/5/10" which recommended the Peer review, at this point, be limited to the PBS&J Water Quality Study. . As outlined in recommendation #3 below, Staff accepts the recommendation. . If the peer review follows this avenue, it may be separated into "pieces" completed by different individuals with expertise in the related areas under consideration. Discussion occurred ifPBSD intends to participate in funding all series of the Peer Review, or only the Water Quality Study review. Gary McAlpin noted Keith Dallas would speak on the issue. Gary McAlpin reviewed the following Staff recommendations contained in the Executive Summary: 1. They accept PBSD list of consultants and add to them staffs list (previously identified and others) and forward them to purchasing for proposal solicitation. 2. Keith Dallas and Gary McAlpin to work together to develop the request for proposal document with purchasing. Once the consultant list is prepared it will be the only individuals that can submit proposals. 3. Accept PBSD modified scope of work as identified in the "Explanation of Changes from the 3/19/10 Draft" document but add back that water quality expertise will be the primary qualification in selecting a peer review professional for that portion of work. Peer review for other portions of work will be evaluated and selected separately. 4. Approach FDEP with a request to evaluate PBS&J report. 3 May 20, 2010 5. Keith Dallas and Gary McAlpin will collaborate on a proposal evaluation document that can be brought back and reviewed by our respective boards by next meeting. 6. Target the activity complete and a proposal on the street by June 15th. Discussion occurred on recommendation #4 and whether FDEP should become involved at that point of the process; or after the Peer Review is completed and recommendations have been set forth regarding management of the Clam Bay Estuary System (CBES.) Gary McAlpin noted if the Subcommittee is concerned over the potential ramifications with involving FDEP, the recommendation could be eliminated. Sveaker Kathy Worley, Conservancy of Southwest Florida expressed concern on focusing primarily on a peer review for water quality. The process is moving forward including Biological Studies, Hydrology Studies and Circulation Modeling. The peer review should encompass the data currently being collected for Biology, Hydrology and the circulation modeling. Gary McAlpin noted the peer reviewer will be provided all current data collected to assist in the review process. Keith Dallas, Chairman, Pelican Bay Services Division Board noted the PBSD views the process as two separate pieces, Water Quality and Circulation Modeling. They understand the importance of Circulation Modeling and will be collaborating with the County in funding peer reviews in the area. The PBSD felt the issues should be separated due to their complexity. Mr. Arceri moved to accept recommendationsfrom Staff 1,2,3 and 6. Recommendation #5 be accepted with the agreement of Pelican Bay's involvement in the final Phase of the process (peer review process). Keith Dallas noted the recommendations in the motion are acceptable. Motion carried unanimously 3-0. 2. Status Letter of Consent - Navigational Markers in Clam Bay Gary McAlpin presented the Executive Summary "Status of Letter of Consent- Navigational Markers in Clam Bay" dated May 20, 2010 for review. He noted: . Staff has been in contact with the Florida Fish and Wildlife Conservation Commission who is required to approve the informational markers. Approval is expected soon. . Once the FFWCC permit is received, the RAI comments from FDEP will be addressed. · Once the RAI cycle is completed, the application should be deemed complete by FDEP and a decision rendered. . The Letter of Consent item was remanded to FDEP by the Governor's Office/Cabinet. 4 May 20, 2010 . IfPDEP denies the "Letter of Consent," the County will have the option to appeal, but most likely will consider all avenues for placing the navigational/informational markers "exhausted." Speaker Marcia Cravens, Mangrove Action Group noted the request for informational markers are "Seagrass" type signage. An internal email ofPDEP employees indicates lateral aids to navigations are not required. She questioned the motives for the proposed informational markers as they are being combined with the lateral aids to navigation. Informational signs addressing environmental concerns already exist in the CBES. 3. RAI Comments · FDEP Submittal · USACE · Additional Support Required Gary McAlpin presented the Executive Summary "RAI Comments" dated May 20,2010 for review. He also provided the document "Agenda, Clam Pass JCP Meeting, May 4, 2010" which outlined a history of the dredge permits issued for Clam Pass. History indicates the original dredge template approved in April 1999 was a permitted width of 80 feet and a dredge depth at the mouth of the Pass of - 5.5' NGVD. There were two subsequent modifications in January 2002 and April 2007with the same dredge parameters. The current application is in compliance with previously approved "dredge template." Chairman Pires requested Staff post the original permits and subsequent modifications on the County website for public view. Discussion occurred on the ramifications of non-tidal flushing of the Estuary due to legal challenges which may be undertaken by various parties. In addition, what measures may need to be taken for an "emergency situation dredging" if the Pass becomes "closed" and the County does not have the necessary permits to dredge the Pass. Speaker Marcia Cravens, Mangrove Action Group stated the application for (dredge permit) modification is not the same as the modification granted (in 1999). It allowed a greater width, but not a greater depth. The 1995 Clam Pass Management Plan recommended a long term permit to allow the Pass to be reopened in the event it closes. On April 29, 2010, the Mangrove Action Group held a public forum on the Estuary where representatives from the US Army Corp of Engineers indicated the USACE has the authority to allow the Pass to be re- opened in an emergency situation should it close. It does not take an emergency declaration by the Governor. 5 May 20, 2010 Chairman Pires requested Staff to: . Retrieve all permit modifications from the original dredging permit (issued July 1998) and provide them to members of the Subcommittee along with posting them online for public viewing. . Verification if the USACE can declare an emergency declaration to open the Pass, and/or if there is a separate declaration required by the State of Florida. Mr. Arceri noted, if litigation initiates on the issues involving dredging the Pass, he will make a request that the County provide a technical evaluation on when the CBES may be negatively affected by non-dredging and the requirements for opening the Pass in an emergency. 4. Modeling Proposal Gary McAlpin provided the document "Clam Bay Estuary Modeling Study- Phase I - Numerical Modeling on Hydrodynamics, sediment transport and Flushing Analysis Using Delft 3D, Collier County Florida" and Clam Bay Estuary Modeling Study - Phase 2 - Numerical Modeling Water Quality Using Delft 3D- WAQ, Collier County Florida dated May 18,2010. He noted: · The Phase I proposal outlines the scope originally approved by the BCC and previous Clam Bay Subcommittee at a cost of$124,511. · The proposal has been resubmitted for approval due to the issues raised by the County Clerk regarding the Best Value Offer (BVO) program previously being utilized by the County. . The Phase II proposal is an enhanced proposal, which may be considered by the County at a cost of $68,048. · Staff intends to move forward with the scope of work outlined in Phase I as it has been previously approved the Board of County Commissioners. · The proposals have not been reviewed by the County Clerk's Finance Department to determine if it is consistent with the requirements of the State Statutes for County solicitation of contracts. · The scope of the work was prepared at the direction of the Purchasing Department and solicited under the Purchasing Policy previously utilized before the development of the BVO process. · The item was intended as an informational item; the Chairman received the documentation today and has not had time to review the item. Chairman Pires noted the County Clerk has requested a formal Attorney General Opinion on the Best Value Offer process. The County was requested to join in the request for opinion, but declined. Speakers Marcia Cravens, Mangrove Action Group expressed concern that the contract is different than approved by the CBAC and CAC, as it now incorporates a scope of work including Moorings Bay. How this change of scope occurred has not 6 May 20,2010 been addressed by Staff. She expressed concern that the scope of work proposed was brought forth by the original Clam Bay Estuary Improvement Discussion Group which was created in the "dark" and an employee of PBS&J was a member. The need for a Circulation Modeling Study is not supported by previous reports which indicate there is no water quality problem in Clam Bay. Kathy Worley, Conservancy of Southwest Florida requested clarification on the status of "Task 4A" that was in the original scope of work. Gary McAlpin noted Task "4A and 4B" have been combined. Mr. Arceri moved to continue the item to the next meeting. Second by Mr. Burke. Carried unanimously 3-0. 5. BVO/PBS&J Payment Status Previously discussed under item VIllA 6. Biological Study Update Gary McAlpin noted the document is still under modification. Speakers Kathy Worley, Conservancy of Southwest Florida provided an update on the scope of work proposed by the Conservancy in the CBES which will begin in June. IX. Old Business 1. Wanless Report Chairman Pires noted the Report has been reviewed by members of the Subcommittee and Dr. Wanless listed as a potential Peer Reviewer. Speakers Marcia Cravens, Mangrove Action Group expressed concern the Wanless Report was continually postponed for discussion at various Coastal Advisory Committee meetings who referred it to the Clam Bay Subcommittee. The Subcommittee never heard testimony on the report. The Report indicates the water quality conditions in the Estuary are "normal" for a Mangrove environment. Kathy Worley, Conservancy of Southwest Florida provided a summary of Dr. Wanless's credentials noting he is highly respected by peers in his field of study. X. Announcements None XI. Committee Member Discussion Federal Funding Requests Staff has applied for WRDA (Water Resources Development Act) funding for studies in the CBES 7 May 20, 2010 Oil Spill- Gulf of Mexico Gary McAlpin provided an update on the oil spill. XII. Next Meeting Date/Location (* Per Agenda Index) June 15,2010; 2800 N. Horseshoe Drive, Community Development, Conference Room 609 & 610, Naples There being no further business for the good of the County, the meeting was adjourned by order of the chair at 3:22 P.M. Collier County Coastal Advisory Committee - Clam Bay Subcommittee Tony Pires, Chairman These minutes approved by the Board/Committee on as presented or as amended 8