CBSC Minutes 06/17/2010
June 17,2010
MINUTES OF THE MEETING OF THE COLLIER COUNTY
COASTAL ADVISORY COMMITTEE
CLAM BAY SUBCOMMITTEE
Naples, Florida, June 17,2010
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 I :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
MEETING AGENDA
CLAM BAY SUBCOMMITTEE
THURSDAY, JUNE 17,2010 - 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
I. May 20, 20 I 0 Minutes
VII. Staff Reports
I. Boardwalk Cleanup Status
2. Oil Spill - Update
VIII. New Business
I. Peer Review Discussion - Update
2. Biological Assessment Scope of Work
3. Modeling Program Discussion/Approval
4. Permit - Update
a. Permit History Summary
. 4A I - Original Permit
. 4A2 - Modified Permit
. 4A3 - Permit Modification Drawings for 1998 Permit
Modification
. 4A4 - Permit Modification Construction Drawings
. 4A5 -- 2007 Dredging
. 4A6 - Dredge Summary
. 4A 7 - Current Application vs Past Dredging Summary
. 4A8 - Clam Pass timeline
. 4A9 - Clam Pass Dredge Permitting History
b. RAI Scope Maintenance Dredging Permit (FDEP & USACE)
c. Navigational Markers Letter of Consent for Clam Pass
IX. Old Business
X. Announcements
XI. Committee Member Discussion
XII. Next Meeting Date/Location
July 15, 20 I 0; 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 anti title of document. We request you provide
a total of 7 copies of each handout, to be distributed as follows: 3 Board Members; I
Minute Taker; I County Attorney; 2 CZM Staff members.
* The following websites will provide information, agendas and dates for this subcommittee:
htll1:llwlVlV. co/lierltov. nelll ndex. aSl1X ?olllte= I 8
h tlo:lllVlVlV.co/l ierltov. net/Index. asox ?l1l1l!e= 2390
^1I Inleres!\?d pJrtied are Invited to attend, and to register to speak and 10 submit their objections, iLmy In writing, 10 the board prior
to the medmg if appl icable
For more IIllormation, 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
cnst 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, \23l}) 252-8380
Public comments will be limited to 3 minutes unless the Chairman grants permission for additional time
Collier County OnJimmce No 99-22 requires that all lobbyists shall, bdore engaging in any lobbying activities (including, but not
Iimlled to. addressing the Board of County Commissioners) before the Board of County CommiSSIOners and its advisory boards,
register with the Ckrk to the Bmnd at the Board Minutt;.:s and RClWds Department
June 17,2010
I. Call to Order
Chairman Pires ca!1ed the meeting to order at 1 :00 P.M.
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 documentation for
items 4A 1- 4A9 had been provided as part of the meeting packet and posted online.
Mr. Arceri moved to approve the Agenda as amended by Staff. Second by Mr.
Burke. Carried unanimously 3-0.
V. Public Comments
David Roellig expressed concern the agenda and some back up materials were posted
less than 48 hours before the meeting. It is difficult for the parties to review the
information given the time constraints.
Gary McAlpiu noted the meeting agenda was posted on the Monday before the
meeting and in compliance with the Sunshine Law.
Chairman Pires requested if possible, staff post the agenda on Friday before the
meeting with the backup material being made available late Monday afternoon.
VI. Approval of Minutes
1. May 20, 2010 Minutes
Mr. Burke moved to approve the minutes subject to the following changes;
. Page 6, paragraph 2 -line 4, from ".. . opening the pass in an emergency."
to ".. .opening the pass in an emergency. Specifically. the County
determine: when tidal flushing will become inadequate posing a
problem to the health of the Clam Bay Estuary System (CBES),
determine the impact of a legal proceedings on the ability to obtain
permission to emergency dredge should the Pass become closed and
notifY the residents on the impacts of a long term delay in dredging due
to litigation, "
. Page 2 Item V., line 3 from ".. .entitled..." to ".. .titled..."
Second by Mr. Arceri. Carried unanimously 3-0.
VI1. Staff Reports
1. Boardwalk Cleanup Status
Gary McAlpin reported the area in the vicinity of the Clam Pass Park Boardwalk
has been cleaned up. The vegetation in the area (removal of exotics, etc.) is the
responsibility of the Pelican Bay Services Division.
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June 17, 2010
2. Oil Spill Update
Gary McAlpin provided an update on the oil spill in the Gulf of Mexico noting
the City of Marco Island has met with representatives of the unified command. A
memo for James C. Riveria, Interim City Manager for the City of Marco Island to
the City Council - Re "Summary of Meeting with USCG Peninsula Unified
Command" was provided for informational purposes.
VIII. New Business
1. Peer Review Discussion - Update
Gary McAlpin presented the document "Peer Review direction as approved by
the Clam Bay Subcommittee of the Coastal Advisory Committee at the May 20.
2010 meeting" dated June 1,2010 and a copy of a letter from Keith Dallas,
Chairman of the Pelican Bay Services Division dated June 9,2010 re - "Clam
Bay Estuary Peer Review Scope of Work. ..
He noted the PBSD letter addresses the 5 points outlined in the June 1 document
provided by staff to the subcommittee: He reviewed the 5 points noting:
. Staff is in agreement with point #1 that only the list of consultants
developed by the PBSD and staff may submit proposals to purchasing.
. On point #2, expressed concern the circulation modeling is not included
in the scope of expertise for the individual chosen.
. On point #3, the proposal to form a work team including Mr. Pires, Mr.
McAlpin, Neil Dorrill and Mr. Dallas to prepare the peer review scope of
work proposal for the consultants should include John Sorey, Chairman
of the CAe.
Committee Discussion occurred on the following:
Mr. Burke
. Concern the peer review concept has already taken a significant amount
of time to develop and involving a work team may delay the process.
Mr. Arceri
. The FDEP may be a viable option to complete a peer review.
. Introduced the feasibility of staff and Mr. Dallas being given 30 days to
develop a proposal for subcommittee review (as opposed to a "work
tcam.") If significant progress cannot be made, an alternate direction may
need to be taken.
Mr. Pires:
. Concerns a work team may invoke the requirements of the Sunshine Law.
. Noted the current proposal, under item #1, includes modeling as
consideration for the peer review which should alleviate any concerns
that modeling is not in the scope of the peer review.
. Concern a FDEP peer review may compromise the consideration of any
permits submitted to them at a later date.
Speakers
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June 17,2010
Kathy Worley noted it is her understanding the PBSD wants a consultant that is
not limited to "Water Quality Analysis" but can also address circulation
modeling.
Keith Dallas, PBSD agrees with the frustration over the length of time the peer
review concept is taking to come to fruition, and is why the work team was
recommended.
Mr. Arceri moved to direct Keith Dallas and Gary McAlpin to work together for
an agreement regarding peer review and at the next subcommittee meeting
report on 3 points; 1. Has significant progress been made on the agreement,
2./fso, the date the proposal can be released to the consultants for bidding,
and 3. if not, what is the FDEP position on conducting a peer review and when
could they start the process. Second by Mr. Burke.
Mr. Pires expressed concern on the concept of FDEP providing a peer review.
Mr. Arceri noted the motion is for staff to provide the information on the
feasibility and timing of the FDEP completing a peer review, not authorization to
conduct one.
Carried unanimously 3-0.
2. Assessment Scope of Work
Gary McAlpin provided the executive summary "Review and Approve the
aI/ached Biological Assessment Scope of work for Clam Bay" dated June 17,
2010. He provided an overview of the document.
The subcommittee recommended references to the "Audubon Society" be
clarified to identify the particular chapter of the society (i.e. Collier County
Audubon Society.)
Speaker
Kathy Worley addressed the subcommittee and submitted a copy of an email
dated June 15, 20 I 0 from her to Gary McAlpin - Re: "Clam Bay Biological
Survey Scope of Work 6-8-10, "She recommended eliminating the "Total Percent
Coverage" concept identified in Task #2 and the terminology should be quadrats
as opposed to quadrants. The Conservancy is in the process of completing a
benthic study of the CBES at the request of the Mangrove Action Group, Pelican
Bay Services Division, etc. She previously provided the scope of the work to
staff and will resend it to them for their records.
Gary McAlpin recommended the consultants determine if the "Total Percent
Coverage" concept outlined in Task #2 is acceptable.
Mr. Arceri moved to approve the Biological Assessment Scope of Work as
outlined by staff and Mr. McAlpin assemble the necessary information to
determine the cost and procurement process of the proposal. Second by Mr.
Burke. Carried unanimously 3-0.
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June 17,2010
3. Modeling Program Discussion/Approval
Gary McAlpin provided the document "Clam Bay Estuary Modeling Study -
Phase 1 - Numerical Modeling on Hydrodynamics, sediment transport and
Flushing Analysis Using Delji 3D. Collier County Florida" and Clam Bay
Estuary Modeling Study - Phase 2 - Numerical Modeling Water Quali~y Using
Delji 3D- WAQ, Collier County Florida dated May 18,2010.
He noted:
. The modeling will assist the county in determining the optimwn dredging
locations and schedule to maintain the health of the CBES.
. Phase I would be completed and if necessary, at a later date the county
may choose to complete Phase 2 as a "fine tuning too1."
. The cost to complete phase 1 is $124,570.
Speaker
Kathy Worley requested clarification if the data and model will be "validated."
Gary McAlpin stated the data and model will be "validated."
Mr. Pires noted the proposal does not reference the "validations" and
recommended the language be added in the appropriate sections of the proposal.
Mr. Arceri recommended the peer review agreement to be worked out by Mr.
McAlpin and Mr. Dallas include a peer review of the modeling and indications
the PBSD will participate in funding the portion of the peer review as well.
Mr. Arceri moved to direct staff to proceed with purchase of phase 1 of the
modeling proposal as outlined by PBS&J and Coastal Planning and
Engineering at a cost not to exceed $124,511. Add to the proposal language that
the appropriate validation of the model will be completed. Second by Mr.
Burke. Motion carried 2 'yes" - 1 "no." Mr. Pires voted "no."
Mr. Pires noted he is in favor of the modeling proposal, however voted "no" due
to his opinion the contract was not developed in conformance with the CCNA.
4. Permit - Update
Gary McAlpin provided the following documents regarding the joint coastal
permits issued by the FDEP/uSACE for the dredging of Clam Pass. All
documents are available online. He has reviewed all the permits and associated
drawings available as well as consulted with the FDEP to determine the historic
dredge template. He provided an overview of all of the following permits noting
the FDEP is in agreement the dredging activities have been in compliance with
issued permits. Any persons wishing to obtain the copies of the original 24 inch
by 36 inch drawings may do so by contacting staff. The copies will be at the
expense of the individual requesting the information.
a. Permit History Summary
. 4Al - Original Permit
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June 17, 2010
. 4A2 - Modified Permit
. 4A3 - Permit Modification Drawings for 1998 Permit Modification
. 4A4 - Permit Modification Construction Drawings
. 4A5 - 2007 Dredging
. 4A6 - Dredge Summary
. 4A 7 - Current Application vs. Past Dredging Summary
. 4A8 - Clam Pass Timeline
. 4A9 - Clam Pass Dredging Permit (FDEP & USACE)
Speakers
Linda Roth, Pelican Bay Resident expressed concern a letter dated December
15, 1998 from FDEP to Brett Moore of Humiston and Moore Engineers for the
permit modification states "Cut 4 will not exceed the previously authorized depths
of -4 ft. NGVD and on page 2 of the letter it states 'The attached drawings reflect
the above modification and shall supersede the associated permit drawings." She
requested clarification on how it has been determined the allowed cut for that
permit is -5.5' NGVD. In addition, clarification on why the January 2002 permit
was for a 30 foot wide cut at the mouth of the pass, while staff contends it is
approved for an 80 foot wide cut.
Gary McAlpin explained the protocol for a Joint Coastal Permit. The agencies
issue a permit for a maximum area of activity (in this case an 80 foot wide cut at
the mouth of the Pass). The applicant is required to obtain a "notice to proceed"
authorization from the agency. The "notice" requests the actual activity required
at that time based on existing conditions. This may lead to some of the confusion
on permits or notices to proceed for the dredge activity which has historically
taken place.
Chairman Pires noted with regard to the -4 foot NGVD cut cited, he will review
the documentation to ascertain the reason for any discrepancies between the
drawings and written text associated with the approvals.
Gary McAlpin noted FDEP is in the opinion they have historically authorized a
cut at the mouth of the pass for an 80 foot wide cut to a depth of -5.5NGVD for a
length of 23 7.5 feet into the pass.
Speaker
Sarah Wu, Seagate Resident supports the JCP application and is concerned non-
issuance ofa permit may jeopardize the health of the CBES.
b. RAI Scope Maintenance Dredging Permit (FDEP & US ACE)
Gary McAlpin expects the request for additional information will be submitted
to FDEP within 60 days and the permit may be issued by January 1,2011
(absent of any legal challenges.) He is the process of obtaining the data for the
questions posed by Mr. Arceri regarding the impact of delayed dredging
activities.
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June 17,2010
He provided the Executive Summary "Recommendation to approve the attached
Change Order No.3 to PBS&.J's contract for Clam Pass/Bay required to
address additional information requested by FDEP and USA CE for Clam Pass
maintenance dredging permit for time and material not to exceed $69.050"
dated June 17,2010. He noted it is for informational purposes and was
approved by the Coastal Advisory Committee at their last meeting.
c. Navigational Markers Letter of Consent for Clam Pass
Gary McAlpin provided a letter to Pamela Keyes, Environmental Specialist
from Ryan Moreau, Boating and Waterways Section of the Florida Fish and
Wildlife Conservation Commission dated May 21,2010, approving the 9
informational markers proposed for Clam Bay.
Also submitted was a copy of a letter from Pamela Keyes, to Ryan Snyder of
FDEP - "RE: RAI for the Letter of Consent -- File No. 11-0295-193-002-EE08"
addressing the Request for Additional Information from FDEP for the County's
Letter of Consent Request for Navigational Markers in the CBES.
Chairman Pires recommended the information provided to FDEP be revised
to:
. Under Part II Letter of Consent, #4 provides the most updated 2010
Property Appraisers Imagery as the letter references 2009 data.
· Under Part II Letter of Consent, #6, the term "Shallow Draft Vessels" be
defined.
Gary McAlpin noted the document was provided to the subcommittee for
informational purposes and has been submitted to FDEP. The response to the
RAI will be amended to include the Chairman's request.
Speaker
Linda Roth, Pelican Bay Resident noted the map and the text contain different
coordinates for the location of the signs and the locations should be clarified to
be consistent.
Sarah Wu, Seagate Resident noted the draft of the boats stationed in the
Seagate Community has been identified and she can provide the results to staff.
IX. Old Business
None
X. Announcements
None
XI. Committee Member Discussion
None
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June 17,2010
XII. Next Meeting Date/Location
July 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 3:30 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
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