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CBSC Agenda 08/05/2010 R CLAM BAY SUBCOMMITTEE MEETING AGENDA AUGUST 5, 2010 MEETING AGENDA CAC -- CLAM BAY SUBCOMMITTEE THURSDAY, AUGUST 5, 2010 - 9:00 A.M. TILL 12:00 P.M. GROWTH MANAGEMENT DIVISION/PLANNING & REGULATION BUILDING (FORMERLY COMMUNITY DEVELOPMENT & ENVIORNMENTAL SERVICES) 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. June 17,2010 Minutes VII. Staff Reports 1. Boardwalk E-mail from John Domenie VIII. New Business I. Pelican Bay Foundation Technical Work Group discussion 2. Peer Review Discussion/Approach 3. Revision 8 to PDSD/CZM Peer Review Proposal 4. Modeling Update IX. Old Business X. Announcements XI. Committee Member Discussion XII. Next Meeting Date/Location September 16,2010; Growth Management Division/Planning & Regulation Building, Conference Room 609 & 610, Naples XIII. Adjournment * Public speaker., are requested to do the following for any items presented to the Board: Display on each document the presenter's name and title of document. 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 Staff members. * The following websites will provide information. agendas and dates for this subcommittee: httv://www.co/lierflov.net/lndex.asvx?vafle=18 httv://www.co/lierl!ov.netllndex.asvx?vafle=2390 All interested partied are invited to attend, and to register to speak and to submit their objections, ir any, in \\-Tiling, to the board prior to the meeting if applicable. 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 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 June 17,2010 I. Call to Order Chairman Pires called the meeting to order at 1 :00 P.M. II. Pledge of Allegiance The Pledge of Allcgiance 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 I - 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 unanimoasly 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. lt is difficult for the parties to review the information given the time constraints. Gary McAlpin 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 I. 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 (CBESj, determine the impact of a legal proceedings 011 the ability to obtain permission to emergency dredge should the Pass become closed and notify the residents Oil the impacts of a long term delay ill dredging due to litigation, " . Page 2 Item V., line 3 from ". "entitled"." to "" .titled..." Second by Mr. Arceri. Carried unanimously 3-0. VII. 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. 2 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, 20JO meeting" dated June 1,2010 and a copy ofa letter from Keith Dallas, Chairman of the Pelican Bay Services Division dated June 9, 2010 re.- "Clam Bay Estuary Peer Review Scope uf 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 DorriIl and Mr. Dallas to prepare the peer review scope of work proposal for the consultants should include John Sorey, Chairman of the CAC. 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 team.") 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 3 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 sigllificant progress been made on the agreement, 2. If so, 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 attached BiologiCttI 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, 2010 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 staJland Mr. McAlpin assemble the necessary information to determine the cost and procurement process of the proposal. Second by Mr. Burke. Carried unanimously 3-0. 4 June 17,2010 3. Modeling Program Discussion/Approval Gary McAlpin provided the document "Clam Bay Estuary Modeling Study - Phase I - 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 Quality Using Delft 3D- WAQ, Collier County Florida dated May 18, 2010. He noted: . The modeling will assist the county in determining the optimum 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 tool." . 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 ofthe 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 ofphase 1 of the modeling proposal as outlined by PBS&J and Coastal Planning and Engineering at a cost Ilot to exceed $124,5/1. 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 5 June 17,2010 . 4A2 - Modified Permit . 4A3 - Permit Modification Drawings for 1998 Permit Modification . 4A4 - Permit Modification Constrnction Drawings . 4A5 - 2007 Dredging . 4A6 - Dredge Summary . 4A7 - 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 pagc 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 pennit 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 -S.SNGVD for a length of237.S feet into the pass. Speaker Sarah Wu, Seagate Resident supports the JCP application and is concerned non- issuance of a permit may jeopardize the health of the CBES. b. RAI Scope Maintenance Dredging Permit (FDEP & USACE) Gary McAlpin expects the request for additional information will be submitted to FDEP within 60 days and the permit may be issued by January I, 20 11 (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. 6 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 USACEfiJr Clam Pass maintenance dredging permit jiJr time and material not to exceed $69,050" dated June 17, 20] O. 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: RAlfor 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 Drajt 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 Xl. Committee Member Discussion None 7 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 ofthe 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 8 ~ s; ZtJ/~ "r<I---*"1 ~.;,.;.r ~ -.J4OW McAlpinGary From: Sent: To: Subject: Anthony Pires [APires@wpl-legal.com] Wednesday, July 21,20107:36 PM McAlpinGary Fw: Clam Pass Boardwalk Thanks Gary. Could you put under misc. correspondence in next sub comm and full comm agendas? From Tony's Blackberry -----Original Message.---- From: Johan Domenie <hobodory@comcast.net> To: Lisa Resnick <Lresnick@colliergov.net> Sent: Wed Jul21 19:28:4520tO Subject: Clam Pass Boardwalk Lisa: Please pass the following on to the members oflhe board: On March 27th I walked the boardwalk leading out to Clam Pass Park and counted 511 items of "junk" thrown into the mangroves alongside the boardwalk. I reported the findings to the Foundation, Bee & Clam Bay Committee - each time receiving assurances from tbe CZM that a clean- up would take place. Today I walked the boardwalk as far as the bridge, and was very pleasantly surprised - apparently a complete clean-up must have happened recently, as on the roundtrip to the bridge I only detected a total of23 items (bottles, cans, cups, etc). Quite an improvement. I did not go beyond the bridge as it appeared that a genuine effort had been made to clean up the "debris" - as Gary McAlpin referred to it. John 1 ..( ~.( ~~Id N-e-.N8~ ~ ~/ McAlpinGary Subject: Feldhaus, Stephen [sf@feldhauslaw_com] Thursday, July 01,20107:05 AM Bill Carpenter; Bob Naegele; Bob Uek; Doug Esson; Jim Hoppensteadt; Mike Coyne; Robert Pendergrass; Ronnie Bellone; Feldhaus, Stephen ochsJ; John Sorey; McAlpinGary; ramseLm; Cora Obley; hprice@price-Iaw.com; Mary Johnson; Doug Durbin; Erik J. Olsen (eolsen@olsen-associates.com); Geoffrey Scott Gibson; Hunter Hansen; John Baron; John Chandler; John Domenie; John laizzo; Keith Dallas; Mary Anne Womble; Mike Levy; Theodore Raia; Tom Cravens; Joanne Hobin; Joesph Chicurel ; Lee Canning; Merlin Lickhalter; Pat Bush; Philip SI. Germain; Stanley Farb ; Susan Boland; W. Terry Upson; William Klauber A Clam Bay Update From: Sent: To: Cc: Dear Foundation Board Members, Yesterday Jim Hoppensteadt and I had a potentially historic meeting with Maria Ramsey, Administrator of Collier County Public Services, and Gary McAlpin, Director of Collier County Coastal Zone Management. The meeting would not have been possible without the leadership and support of Leo Ochs, Collier County Manager, and John Sorey, Naples City Councilman and Chairman of the Coilier County Coastal Advisory Committee. The purpose of the meeting was to determine whether the Foundation and Collier County could find a way to work together on Clam Bay and particularly on the ten year permit and management plan for Clam Bay. I am pleased to be able to report that we reached a preliminary and tentative agreement, aithough there is a ton of work that remains to be done to flesh out the particulars and to ensure that the key players on both sides are on board. And while nothing will be final untii an agreement is reduced to writing and formally agreed by both the Board of County Commissioners and the Pelican Bay Foundation Board, which will take months to put together assuming that there is support for this endeavor at the Board levels of the County and the Foundation, we have agreed to begin immediately to work together on the scientific issues underlying the permit and management plan. Our coastal engineering and environmental consultants wiil engage with the coastal engineering and environmental consultants of the county in an attempt jointly to determine what studies of Clam Bay are required, how they should be conducted, ete. This is a groundbreaking endeavor. On our part, the Foundation is recognizing the legitimate role of the County to be involved in the management of a key County resource. We are also recognizing the legitimate role of the other stakeholders in Clam Bay and in the larger coastal estuary system, including the residents of Seagate and the City of Naples. On its part, the County is recognizing the legitimate role of the Foundation as the party entrusted by the 1982 Declarations to protect and preserve Clam Bay, both for the benefit of our members and for the residents of ail of Coilier County. The proposed resolution will not, however, be based upon the 1982 Declarations nor will it involve an acknowledgement by the County that the 1982 Declarations apply to the submerged lands of Clam Bay, a main point of contention between us. Instead, we propose to agree, in a binding document, to joint management of Clam Bay under the permit and the ten year management plan, with a provision for binding arbitration in the event we are unable to reach agreement on scientific or policy issues with respect to that management. Our proposed resolution does not resolve the red and green lateral navigational marker issue, but I would note that it may weil be a harbinger of the possibility of a resolution yet to come. For now, we are going to continue to disagree on that issue, and each party wiil retain ail their fuillegal rights with respect to that issue. While the "contracting party" with the County will be the Foundation, we will want to ensure that Pelican Bay speaks with one voice on this endeavor. Accordingly, I am copying both the PBSD Board and the PBPOA Board on this email, with a request that they vet this proposal and provide the Foundation with their comments. I would also expect that the Foundation would seek additional community input on this proposed resolution, and to begin that process I am copying the Pelican Bay Mangrove Action Group President on this email. As always, the devil will be in the details, and there is much work yet to be done. And yet however this endeavor turns out, the step we took yesterday is emblematic of a reality that we cannot escape and that will be part of any ultimate resolution of our "dispute" with the County over the governance of Clam Bay-both the Foundation and the County have a legitimate seat at the table on Clam Bay matters. What we have tentatively and preliminarily agreed is one way to recognize that joint interest. We are both hopeful that we can implement our desired resolution, which is why we have agreed to begin working together on the science of Clam Bay immediately, but if for some reason we fail to reach final agreement, we are still going to wind up working together in Clam Bay. To me, it makes more sense to do that voluntarily than to battle this out for years before the DE?, the Corps, the FFWCC, the USCG, the NOAA, etc., and, potentially, the courts. Best, Steve Feldhaus 2 McAlpinGary Subject: Feldhaus, Stephen [sf@feldhauslaw.com] Wednesday, July 07, 2010 3:54 PM McAlpinGary ochs_l; ramseLm; James Hoppensteadt; Erik J. Olsen (eolsen@olsen-associates.com); Doug Durbin Clam Bay From: Sent: To: Cc: Gary, I had a very productive conference call today with Erik Olsen and Doug Durbin, whom, as I indicated last week, have been out of pocket. We are ready to rock and roll on Clam Bay, and would appreciate your authorizing PBS&J and Coastal Engineering to release their work product to Erik and Doug and to cooperate with them so that we can begin to catch up with you and with your consultants. It would be helpful as we start this process if you and your team would copy Erik and Doug and Jim and myself on just about everything. That will cut down our need for coordination among ourselves , will be glad to have Erik and Doug make the first contact if you just let me know whom they should call. We are enthusiastic about this opportunity to work on a collegial basis with the county on Clam Bay matters, and look forward to establishing a solid, long term working relationship. I can tell you that we have received overwhelming support within our community for this endeavor. Now it is up to us to make it work, and to create a structure that the leadership on both sides will buy into. Please feel free to call me at any time if you have any questions or comments about the best way we should get this off the ground. I know that there will be a learning curve on everyone's part, but with good will and hard work I expect that we are going to make a lot of progress quickly. The contact info for Erik, Doug, Jim, and me follows. Best, Steve Erik J. Olsen Olsen Associates, Inc. 4438 Herschel Street Jacksonville, FL 32210 Phone: 904-387-6114 Fax: 904-384-7368 Email: eolsen@lolsen-associates.com Douglas J. Durbin Entrix, Inc. 3905 Crescent Park Drive Riverview, FL 33578 Phone: 813-664-0440 Fax: 813-625-5033 Email: ddurbin@lentrix.com 1 .. -- James F. Hoppensteadt Pelican Bay Foundation, Inc. 6251 Pelican Bay Boulevard Naples, FL 34108 Phone: 239-596-6180, extension 223 Fax: 239-597-6927 Cell: 239-398-7074 Email: Jimh@loelicanbav.org Stephen M. Feldhaus Feldhaus Law Group, P.C. 3901 52'" Street NW Washington, DC 20016 Phone: 202-237-0511 Fax: 202-207-1027 Cell: 202-531-2211 Email: sf@lfeldhauslaw.com 2 ~J; 2()/lJ '11.M8~ ~--2- 7/21/10 Clam Bav Sub-Committee Peer Review Discussion Backaround At the 12/15/2009 BeC meeting the Board approved the following objective for Clam Bay: "To obtain approval of activities that are required to complete the development of a comprehensive, long term management plan for the Clam Bay estuary including ratification of the Clam Bay Advisory Committee update report dated September 25, 2009; extension of the term of the Clam Bay Advisory Committee to June 30, 2010: approval of the proposed FY 2010 budget of $234,917; approval of the Clam Bay System Data Collection and Analysis Report recommendations and approval of a peer review of this report conducted by an independent expert jointly selected by Coastal Zone Management and the Pelican Bay Services Division." Also during the considerations portion of the executive summary, the following was discussed and approved concerning Peer Review: "It is also recommended that an independent peer review, of the Clam Bay Water Circulation/Flushing Modeling Program and the Clam Bay System Data Collection Analysis Report recently completed by PBS&J be performed by a recognized expert. This expert, jointly selected by Pelican Bay Services Division and Coastal Zone Management, will be from an academic/university background and not directly involved with any consuiting firm. The review of the Clam Bay Data Collection and Analysis Report is proposed to be conducted early in the development of the flushing/circulation model. It is also recommended that the cost of this effort and any future phased peer review be split between the Pelican Bay Services Division and Coastal Zone Management." The following budget was approved at that time: Fund 111 - Unincorporated Collier County Court Recording and Documentation Costs Water Quality Monitoring in Clam Bay System Chemicals and YSI probes lab Fees (9 locations for 12 months) Consulting and Analysis Support Public Outreach and Communication Peer Review Sediment toxicology Installation of Beach and Inlet Safety signs and Permitting Permitting and Installation of Navigational Markers in Clam Bay Estuary Wildlife and Habitat Preliminary Analysis $3,400 Fund 111 Subtotal $1,000 $18,000 $4,000 $1,000 $5,000 $30,000 $5,000 $15,000 $20,000 $102,400 Although the PBSD was identified as the organization to jointly participate with CZM in the peer review, the PBSD has focused only on the peer review of the Data Collection and Analysis Report from PBS&J not committed to the more important modeling program. PBSD has sought to limit their commitment/participation to this portion of the project. Additionally, they have proven very hard to reach agreement with on the scope of this peer review. The modeling program is the heart of the program and the area needed to concentrate our technical expertise on. The Pelican Bay Foundation has approached the County staff with a request to participate in the technical development and review of the modeling program with two independent qualified consultants. This proposal is acceptable to the County because: 1. It establishes a working relationship and framework with the Pelican Bay Community to discuss and address technical issues. 2. It is proposed in a collaborative working relationship as opposed to a critique format. 3. It provides additional technical expertise to confirm our focus, approach and conclusions. 4. The PB Foundation will pay for their own consultants with the only cost incurred by the County being to bring these consultants up to speed with the background and results to date. 5. It allows us to begin discussion and work of the modeling process. 6. While we are working on the technical issues of the modeling program with the PB Foundation, it allows us to continue to try to reach closure with the PBSD on the Peer Review of the PBS&J Data Collection and Analysis report. Staff has reevaluated the existing budget and is recommending that the budget be reprogrammed to provide more money for Peer Review and that the peer review be reallocated into two phases: 1. One portion of the Peer Review would be the peer review of the PBS&J Data Collection and Analysis report. This can be completed anytime when and if agreement is reached with the PBSD on the scope of this work. If agreement is not reached then FDEP has expressed a willingness to evaluate the report and comment on it accuracy and credibility. $4,500 has been set aside for the County portion of this work. 2. The second portion of this work is the technical participation and review of the modeling program. $25,000 has been set aside for this work which would involve bring the Foundations consultants up to speed and more group/discussion meetings to discuss scope, review results and formulate next steps and findings. .. c .:.. Our revised budget projections are as follows: Fund 111 - UnlncorDorated Collier Countv ~ Revised ~ Available ToGo Court Recording and Documentation Costs $3,400 $2,000 $2,000 $0 $500 Water Quality Monitoring in Clam Bay System Chemicals and YSI probes $1,000 $800 $800 $0 $0 lab Fees (9 locations for 12 months) $18,000 $15,000 $12,500 $2,500 $2,500 Consulting and Analysis Support $4,000 $4,000 $0 $4,000 $0 Public Outreach and Communication $1,000 $1,000 $0 $1,000 $0 Peer Review of the PBS&J Report - PBSD $5,000 $5,000 $0 $5,000 $4,500 Peer Review of Modeling - PB Foundation $0 $0 $0 $0 $25,000 Sediment toxicology $30,000 $30,000 $31,831 -$1,831 -$1,831 Beach/Inlet Safety signs and Permitting $5,000 $5,000 $0 $5,000 $0 Permit/Install Nav Markers in Clam Bay $15,000 $15,000 $0 $15,000 $0 Wildlife and Habitat Preliminary Analysis $20,000 $20,000 $0 $20,000 $20,000 Total $102,400 $97,800 $47,131 $50,669 $50,669 A recommendation is sought to move forward with this plan. The latest revision to the PBSD peer review program is attached. (~ /cel/O /UtJ $1'~,1 A~.J Clam Bay Estuary Peer Review Scope of Work March 15, 2010 March 19, 2010- Rev. 1 June 25, 2010- Rev. 2 June 30,2010 - Rev. 3 July 1, 2010 - Rev. 4 July 1,2010 - Rev. 5 July 1,2010 - Rev. 6 July 23 2010 - Rev 7 Backaround During their regular December 15, 2009 meeting, the Board of County Commissioners approved an independent peer review of the October 2009 PBS&J report and the work required to complete the development of a comprehensive management plan for the Clam Bay Estuary. Specifically, the BCC authorized that a recognized expert perform an independent review of the Final October 2009 Clam Bay System Data Collection and Analysis Report reoently completed by PBS&J. To complete this analysis, a thorough review of all available historical water quality data including the Pelican Bay Setvices Division (PBSD) historical water quality data is required This expert, jointly selected by PBSD and Coastal lone Management (ClM), will be from an academic, university, or research institute or national estl.fafYilrogr:lm and not directly involved with any consulting firm. Additionally, this individual will be independent without any malerial relationship with the PBSD, the Pelican Bay Foundation or Collier County government. The review of the Clam Bay Data Collection and Analysis Report is proposed to be conducted at the beginOlng of early in the development of the water flushing/circulation model. It is also recommended that the cost of this effort be split between the PBSD and ClM. Alth~ The current financial commitment from the PBSD is only for the PBS&J report evaluation. the intont io to-flave-tAe-PBSD p:lrticipate In 'N:lter Circulation/Flushing Modeling Program re'liew-along with any development of the ffiaflagement pl:ln(s) that m:lY be--Gfe-a.teG After the peer review of the Finai PBS&J report is completed and distributed the PBSD Will conSider partiCipating In the peer review of other studies or reports that includes the Clam Bay NRPA. Consideration A thorough review of the PBS&J report should involve a number of critical sciences. Among others, these disciplines would involve water quality, marine biology. modeling/hydrology, geology, and natural estuary/ecosystems. :lnd with reGpeGt--lGthe proposed Viator flushing/olt-Gtliation model progr-am-a-comprohencive and-lhfe\Jgfl k-Rowledge of water quality and Florida water if*llity stand:lrds/guidelinec along with modeling, modeling data and oolleotion methodologieG. The water quality expertise that is required for the PBS&.J report flefe is not just the review and analysis to state standards but also expertise with respect to the proactive development of our specific water quality standards for the Clam Bay estuary system and the establishment of our own multi-year estuary management program that will address critical water quality issues as opposed to having FDEP establish solutions. While other skill sets ate important, the vast majority of the reviewer expertise needs to be focused in these discipline areas. Activities to be performed durinq this iflitial. Peer Review 1. Review, analysis and critique of the Clam Bay System Data Collection and Analysis report dated October 2009 performed by PBS&J to include: · Analysis of all available historical data including the Services Division's historical data/information. . Accuracy and sufficiency of the data collection efforts undertaken in the development of the PBS&J Clam Bay System Data Collection and Analysis report given the fragile nature of the Clam Bay NRPA, the contracting constraints and ability to augment data with future collection. and the appliGability-~1eGtea' data in the-FlfGpe5ed-wateF Gifsulatioo/fluohing m~ . Accuracy of methodologies used in the Clam Bay System Data Collection and Analysis Report performed by PBS&J. · Appropnateness of findings, afld- conclusions, recommendations. and summary of the report. Evaluation of Proposals Already pre-Identified candidates by the PBSO and CMZ/CAC will be solicited to submit credentials and proposals to perform a Peer Review of the PBS&J Data Collection and Analysis report. Only pre identified condidates-wiJl-tte-Btlowed to submit proposals for evoluotion. The Collier County purchasing department would confirm witt1 the PBSO Chairman and the CAC Chairman the proposed of candidates to be approaohed and tilen initiate this solicitation. SoliCitations for RFP to each candidate wdl be recorded onto a log and the log provided to PBSD and ClM/CAC All proposals will be jointly evaluated and must be acceptable to both Collier County Coastal Zone Management /CAC and the Pelican Bay Services Division. The Evaluation and Selection process is outlined as follows: -t, Candidates will submit their qualifications, experiences, related work history and schedule for consideration. This summary should not be more that 4 pages in total length and focus on water quality, marine biology, hydrology, geology, and natural estuary/ecosystems afld--wilI1-.r.e;Sj:leSI4G-the proposed \'Inter flu~9fl model program a comprehensive-afld--thorough knowledgem:-water quolity and Florida 'Naler quality stand3rds!gukielinec-aleflg with modelil19omedeling data and sollcction mothodologie& 2. Selection will be based on a total composite score. This score will be based on knowledge, experience, work history and background in similar ecosystems as per the criteria listed in item one above. Schedule will also be considered in this evaluation. 3. The Pelican Bay Services Division will perform their own independent evaluation and submit their three top candidates for discussion. Coastal Zone Management/CAC will do the same. The six potential candidates will be jointly evaluated by a committee consisting of The Chairman of the Pelican Bay Services Division, the Vice Chair of the Pelican Bay Services Division, and the director/Manager of the Pelican Bay Services Division, the Chairman of the CAC, the Vice Chair of the CAC and the Director of the CZM. This group will select and recommend the final candidate. 4. The final selection must be approved byacceptublo to both the Pelican Bay Services Division board and the CZM/CAC. The final candidate will also be approved by the BCC. Ann P. Jennejohn From: Sent: Subject: Attachments: hambright_g [GaiIHambright@colliergov.net] Monday, August 02, 2010 10:42 AM Peer Review Draft ES - 8-3-1.docx Peer Review Draft ES - 8-3-1.docx This is revision #8 for VIII-3. This document will go behind the current one. Thanks, Gail D. Hambright, Accountant Coastal Zone Management w. Harmon Turner Bldg., Suite 103 3301 East Tamiami Trail Naples, Florida 34112 Phone: (239) 252-2966 Fax: (239) 252-2950 @] t\A/ "llJ-.'i1(,~J , ',/ I,ftc:ir{ t- ::~3>;:;":,-.;";.".,,,,;.,,;,;;,,L:;,,:. 1 Clam Bay Estuary Peer Review Scope of Work March 15, 2010 March 19, 2010- Rev. 1 June 25, 2010 - Rev. 2 June 30, 2010 - Rev. 3 July 1,2010 - Rev. 4 July 1,2010 - Rev. 5 July 1,2010 - Rev. 6 July 23, 2010- Rev. 7 July 29,2010 - Rev 8 This is a guideline document developed by the Pelican Bay Services Division (PBSD) and the Coastal lone Management/Coastal Advisory Committee (ClM/CAC) with the intent of providing guidance to aid the PBSD and ClM/CAC in jointly selecting a peer reviewer for the October 2009 PBS&J report described below. BackQround During their regular December 15, 2009 meeting, the Board of County Commissioners approved an independent peer review of the October 2009 PBS&J report and the work required to complete the development of a comprehensive management plan for the Clam Bay Estuary. Specifically, the BCC authorized that a recognized expert perform an independent review of the Final October 2009 Clam Bay System Data Collection and Analysis Report completed by PBS&J. To complete this analysis, a thorough review of all available historical/water quality data including the Pelican Bay Services Division (PBSD) historical water quality data is required. This expert, jointly selected by PBSD and Coastal lone Management (ClM), will be from an academic, university, research institute or national estuary program and not directly involved with any consulting firm. Additionally, this individual will be independent without any material relationship with the PBSD, the Pelican Bay Foundation or Collier County government. The review of the Clam Bay Data Collection and Analysis Report is proposed to be conducted early in the development of the water flushing/circulation model. It is also recommended that the cost of this effort be split between the PBSD and ClM. The current financial commitment from the PBSD is only for the PBS&J report evaluation. After the peer review of the Final PBS&J report is completed and distributed, the PBSD will consider participating in the peer review of other studies or reports that includes the Clam Bay NRPA. Consideration A thorough review of the PBS&J report should involve a number of critical sciences. Among others, these disciplines would involve water quality, marine biology, modeling/hydrology, geology, natural estuary/ecosystems and knowledge of Florida water quality standards/guidelines along with modeling, modeling data and collection methodologies. The water quality expertise that is required for the PBS&J report is not just the review and analysis to state standards but also expertise with respect to the proactive development of our specific water quality standards for the Clam Bay estuary system and the establishment of our own multi-year estuary management program that will address critical water quality issues as opposed to having FDEP establish solutions. While other skill sets are important, the vast majority of the reviewer expertise needs to be focused in these discipline areas. Activities to be performed durina this Peer Review 1. Review, analysis and critique of the Clam Bay System Data Collection and Analysis report dated October 2009 performed by PBS&J to include: . Analysis of all available historical data including the Services Division's historical data/information. . Accuracy and sufficiency of the data collection efforts undertaken in the development of the PBS&J Clam Bay System Data Collection and Analysis report given the fragile nature of the Clam Bay NRPA, the contracting constraints and ability to augment data with future collection and the applicability of using the collected data in the proposed water circulation/flushing model program. . Accuracy of methodologies used in the Clam Bay System Data Collection and Analysis Report performed by PBS&J. . Appropriateness of findings, conclusions, recommendations, and summary of the report. Evaluation of Proposals Already pre-identified candidates by the PBSD and CMZ/CAC will be solicited to submit credentials and proposals to perform a Peer Review of the PBS&J Data Collection and Analysis report. Only pre-identified candidates will be allowed to submit proposals for evaluation. The Collier County purchasing department would confirm with the PBSD Chairman and the CAC Chairman the proposed list of candidates to be approached and then initiate this solicitation. Solicitations for RFP to each candidate will be recorded onto a log and the log provided to PBSD and CZM/CAC. All proposals will be jointly evaluated and must be acceptable to both Collier County Coastal Zone Management /CAC and the Pelican Bay Services Division. The Evaluation and Selection process is outlined as follows: 1. Candidates will submit their qualifications, experiences, related work history and schedule for consideration. This summary should not be more that 4 pages in total length and focus on water quality, marine biology, hydrology, geology, and natural estuary/ecosystems. 2. Selection will be based on a total composite score. This score will be based on knowledge, experience, work history and background in similar ecosystems as per the criteria listed in item one above. Schedule will also be considered in this evaluation. 3. The Pelican Bay Services Division will perform their own independent evaluation and submit their three top candidates for discussion. Coastal lone Management/CAC will do the same. The six potential candidates will be jointly evaluated by a committee consisting of The Chairman of the Pelican Bay Services Division, the Vice Chair of the Pelican Bay Services Division, and the director/Manager of the Pelican Bay Services Division, the Chairman of the CAC, the Vice Chair of the CAC and the Director of the ClM. This group will select and recommend the final candidate. 4. The final selection must be approved by both the Pelican Bay Services Division board and the ClM/CAC. The final candidate will also be approved by the BCC.