CBSC Minutes 08/05/2010
August 5, 2010
MINUTES OF THE MEETING OF THE COLLIER COUNTY
COASTAL ADVISORY COMMITTEE - CLAM BAY
SUBCOMMITTEE
Naples, Florida, August 5, 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 9:00 A.M. at Conference Room 609/610
of the Growth Management Division/Planning & Regulation 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
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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 & ENVIORNMENT AL 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
1. 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 DivisionlPlanning & Regulation
Building, Conference Room 609 & 610, Naples
XIII. Adjournment
* Public speakers 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 Staffmembers.
* The following websites will provide information, agendas and dates for this subcommittee:
htto://www.co/liereov.netlIndex.asox?oaee=18
htto:/ /WWlV. co/liereov. netlI ndex. asox ?oaee= 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 ifapplicable.
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.
August 5, 2010
I. Call to Order
Chairman Pires called the meeting to order at 9:03 am
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. Arceri moved to approve the Agenda subject to the following additions:
Item VII. - Staff Reports
2. Clam Pass Dredging Application Update
3. Status on the analyzing the impacts of delayed dredging of Clam Pass and
Emergency Declaration to dredge during litigation (should it occur)
4. Navigational Markers Update
5. Biological Assessment Update
Second by Mr. Burke. Carried unanimously 3 - O.
V. Public Comments
None
VI. Approval of Minutes
1. June 17,2010 Minutes
Mr. Arceri moved to approve the minutes of the June 17,2010 meeting subject
to the following changes:
Page 3, paragraph 1, line 3 - from ".. . James C. Riveria..." to ".. . James C.
Riviere. .. "
Second by Mr. Burke. Carried unanimously 3 - O.
VII. Staff Reports
Gary McAlpin, Director of Coastal Zone Management provided the following
updates:
1. Boardwalk E-mail from John Domenie
Email to Tony Pires, dated July 21,2010 from Mr. Domenie recognized the
County's ample response to concerns raised by Mr. Domenie on the refuse in the
area of the Clam Pass Boardwalk.
Gary McAlpin noted the area is scheduled for maintenance on a semi-annual
basis.
2. Clam Pass Dredging Application Update
Staff continues to address comments provided in the FDEP and USACE Request
for Additional Information. An email of the response to the RAI's will be sent
out to Subcommittee members when it is submitted to the Agencies.
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August 5, 2010
3. Status on analyzing the impacts of non-dredging Clam Pass and Emergency
Declaration to dredge during litigation (should it occur)
None
4. Navigational Markers Update
Staff continues to address comments provided in the FDEP Request for
Additional Information. An email of the responses will be sent out to
Subcommittee members when it is submitted to the Agency. A definition for
"shallow draft vessels" has been developed as requested by the Subcommittee and
will be submitted to the members for their records.
5. Biological Assessment Update
None
The Subcommittee requested updates for items VII 2 - 4 be placed on future
Agenda under "Old Business. "
VIII. New Business
1. Pelican Bay Foundation Technical Work Group discussion
Gary McAlpin provided an email from Steve Feldhaus to the Pelican Bay
Foundation dated July 1,2010 outlining the results of a meeting between James
Hoppensteadt, Steve Feldhaus, Marla Ramsey - Administrator of Collier County
Public Services and Gary McAlpin for the purposes of determining whether the
Foundation and Collier County can find a way to work together on the Clam Bay
ten year permit and Management Plan.
Gary McAlpin noted:
. The meeting resulted in development of the concept for a proposed
resolution (inter-local agreement) for joint management of Clam Bay
including the permit for dredging the Pass for tidal flushing purposes and
the ten year management plan.
. The initial concept is for the inter-local agreement to be between Collier
County and the Pelican Bay Foundation (PBF.)
. The resolution would not address the lateral navigation issues or an
acknowledgement by the County that the 1982 Declarations apply to the
submerged lands of Clam Bay.
. The City of Naples may need to be included in the resolution/agreement.
. The email indicates the Foundation wants to ensure "Pelican Bay" speaks
with "one voice."
. The Foundation would be responsible for a "Peer Review" for the
modeling study to be completed by PBS&J/Coastal Planning and
Engineering.
A follow up email was provided from Mr. Feldhaus to Gary McAlpin dated July
7, 2010 requesting the County authorize PBS&J and Coastal Planning and
Engineering release their work to date on the modeling study to their consultants
- Erik J. Olsen of Olsen and Assoc., Inc. and Douglas J. Durbin, Entrix, Inc.
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August 5, 2010
Committee discussion occurred on the following:
. It would be favorable for the Pelican Bay community to speak with "one
voice. "
. The inter-local agreement should outline the management/financial
responsibilities for the various parties including the City of Naples and/or
the Seagate Community.
. The agreement would be an avenue for resolving technical/management
issues, not legal issues.
. Future updates on the concept should be a standing item on the
Subcommittee's Agenda.
2. Peer Review Discussion/Approach
Gary McAlpin provided the document "Clam Bay Sub-Committee Peer Review
Discussion" dated July 21,2010. He noted:
. The document includes the directive from the 12/15/09 BCC meeting to
Staff regarding management activities of the Clam Bay Estuary.
. Fund 111, the budget for Management of the System is included.
. Staff is attempting to reach a closing point on an agreement with the
Pelican Bay Services Division for the Peer Review ofthe PBS&J Water
Quality Study.
. The PBSD is considering completing their own "Peer Review" of the
PBS&J Water Quality Study.
. Staff proposes to re-allocate funds within the approved budget in the
amount of $4500 authorizing PBS&J to provide any information and
consultations required in a request by the PBSD and/or their consultant
for review of the Report.
The Subcommittee noted the directive for Clam Bay activities provided by the
Board of County Commissioners (BCC) to Staff at the 12/15/09 meeting may need
to be amended to reflect the proposed concept of an inter-local agreement and the
change in the concept for the Peer Review.
Gary McAlpin requested approval on the concept of the County working with
Pelican Bay Foundation on the Modeling Study and the working with the PBSD
on the "Peer Review" of the PBS&J Water Quality Study.
The Subcommittee determined to hear the speakers for both items VIII. 2 and
VIII 3
Speakers
Keith Dallas, President, Pelican Bay Services Division addressed item VIII.3,
"Revision 8 to PDSD/CZM Peer Review Proposal" prepared by Gary McAlpin
and himself noting the Division did not approve the document by a vote of 5 "no"
- 4 "yes. The specific concerns revolved around the concept that one of the
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August 5, 2010
experts could be from a National Estuary Program, and some of the language in
the section "Activities to be performed during this Peer Review. "
Mr. Arceri requested clarification ifMr. Dallas made the PBSD aware of the
motion approved by the Subcommittee at their June 17,2010 meeting on the
timing of approving a "Peer Review" concept?
Mr. Dallas stated he did inform the PBSD of the Subcommittee's directive and
recommends the County delay developing any further Peer Review proposals.
David Roellig, Pelican Bay Resident expressed concern the concept to be
considered of PBSD completing their own "Peer Review is not a true "Peer
Review," rather consultants providing separate expert opinions. The concept of
the County and the PBSD agreeing on one consultant to provide a "Peer Review"
on the PBS&J Report is not likely at this point. If the PBSD would like to
complete their own "Peer Review," they should move forward and complete it.
He questions whether Mr. Feldhaus, who is appointed, speaks for "Pelican Bay."
Chairman Pires noted it is time for the Subcommittee to provide
recommendations to the Coastal Advisory Committee (CAC) regarding the issues
of the Peer Review and Modeling Study.
The Committee determined to review the document for Item VIII.3 "Clam Bay
Estuary Peer Review Scope of Work - July 29,2010 - Rev. 8" for the purposes of
providing a recommendation to the CAe.
Kathy Worley, Conservancy of Southwest Florida noted under item VIII.2, the
concept for the PBF consultants to provide input on the modeling study should
not be considered a "Peer Review."
With respect to the document provided for item VIII.3, Clam Bay Estuary Peer
Review Scope of Work - July 29,2010 - Rev. 8," the scope of work outlines
constraints, and under a Peer Review, consultants work "without constraints."
She recommended:
. Section "Considerations," 2nd paragraph - strike entire paragraph which
states "The water quality expertise... in these disciplines."
. Section "Activities to be performed durine; this Peer Review", item #1
line #2 - eliminate the words ...to include."
Chairman Pires moved, in regard to items VIII.2 and VIII.3, to forward to the
Coastal Advisory Committee, a recommendation of approval of the "Clam Bay
Estuary Peer Review Scope of Work - July 29, 2010 - Rev. 8" subject to the
following changes:
1. Title of document be revised to "Clam Bay Estuary Peer Review Scope of
Work in Collaboration with PBSD. "
2. An introductory Executive Summary be provided with the document
indicating the Peer Review wi PBSD is in relation to the PBS&J Water
Quality Report of October 2009 prepared for the Clam Bay Estuary System
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August 5, 2010
and the parameters of the circulation and modeling study are to be
coordinated with the Pelican Bay Foundation under separate consideration.
4. Section Consideration Page 2, paragraph 1, which states - "The water quality
expertise that is required...ofthe review expertise needs to befocused in these
discipline areas." be deleted from the document.
5. Section Activities to be performed durin/! this Peer Review Page 2, paragraph
2, Item #1 to read - "Review, analysis and critique of the Clam Bay System
Data Collection and Analysis report dated October 2009 performed by PBS&J
in recognition of the constraints in preparation of the Report." Remainder of
bullet points in this section to be deleted.
6. Section Evaluation of Proposals - Page 3, item 4 - to read - "The final
selection must be approved by both the Pelican Bay Services Division Board
and the CZM/CAC, which with approval will not be unreasonably withheld.
The final candidate will also be approved by the BCC. "
Second by Mr. Arceri. Carried unanimously 3-0.
Chairman Pires noted he would provide a copy of the proposed language to Staff
for preparation of the document for the August 12,2010 CAC meeting.
Mr. Arceri moved to recommend the Coastal Advisory Committee work in
collaborative effort with the Pelican Bay Foundation (PBF) in development of
the circulation model, with the costs of the PBF consultants to be borne by the
PBF. In addition the BCC objectives outlined in their 12/15/09 directive to
Staffregarding the objectivesfor the Management of the Clam Bay Estuary
System be revised to reflect these activities. Second by Mr. Pires. Carried
unanimously 3-0.
Mr. Arceri moved to recommend the budgetfor Clam Bay Management
Activities (Fund 111) re-allocate funds to provide an expenditure of $4,500 for
the item "Peer Review of the PBS&J Report - PBSD" and $45,000 for the item
"Peer Review of Modeling PBF." Second by Mr. Burke. Carried unanimously
3-0.
It was noted Staff may consider changing the title of the budgetary line items to
"Expert Opinions" as opposed to "Peer Reviews" as necessary.
3. Revision 8 to PDSD/CZM Peer Review Proposal
Gary McAlpin provided the document "Clam Bay Estuary Peer Review Scope of
Work - July 29, 2010 - Rev. 8"
See above discussion and actions.
4. Modeling Update
Gary McAlpin noted the funding for the Circulation Modeling Study was
approved by the Tourist Development Council at their June 26, 2010 meeting.
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August 5, 2010
IX. Old Business
None
X. Announcements
None
XI. Committee Member Discussion
Speaker
Marcia Cravens expressed concern a Staff presentation at the previous
Subcommittee meeting indicated there may have been typos or inconsistencies
between the plans approved, and the related "approval" letter issued by FDEP on
December 15, 1998. The letter indicated an authorized maximum dredging cut of-
4.0' NGVD in the Pass and the plans indicate a different depth of cut. She contended
there were not inconsistencies as the presentation did not include a letter dated
December 7, 1998 from Humiston and Moore where drawings were presented to
FDEP with the letter indicating a "permit modification may be required." This
prompted the follow up letter in question from FDEP dated December 15, 1998
authorizing a maximum cut of -4.4' in the Pass.
Chairman Pires requested Staff attempt to obtain a letter from the FDEP indicating
their position on the historic approvals for the dredging depths of -5.5 feet and a
distance of 237.5' as previously indicated by FDEP to Staff.
XII. Next Meeting Date/Location
September 17, 2010; 2pm - Growth Management Division/Planning &
Regulation Building, Conference Room 609 & 610, Naples
There being no further business for the good of the County, it was moved and
seconded to adjourn. The meeting adjourned by order of the chair at 10:53
A.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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