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CAC Minutes 09/09/2010 R September 9, 2010 ~ MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, September 9, 2010 LET IT BE REMEMBERED, that the Collier County Coastal Advisory Committee, in and for the County of Collier, having conducted business Herein, met on this date at 1 :00 P.M. in REGULAR SESSION at Administrative Building "F," 3rd Floor, Collier County Government Complex, Naples, Florida with the following members present: ..-... CHAIRMAN: John Sorey, III VICE CHAIRMAN: Anthony Pires John Arceri (Excused) Jim Burke Murray Hendel (Excused) Robert Raymond Joseph A. Moreland Victor Rios Wayne Waldack ~ ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Jennifer White, Assistant County Attorney Gail Hambright, Accountant Dr. Michael Bauer, City of Naples 1 ..-... I Naples} C THU TURNER BUILDING (Admin s PUBLIC NOTICE I. Call to Order II. Pledge of Allegiance III. Roll Call IV. Changes and App nda V. Public Comments VI. ~ VII. Staff Reports 1. in 2. 3. FEMA Reimbursement 4. Vanderbilt Beach Bath 5. Clam Bay Subcommittee Proaress - Uodate Flushing Dredging Yigational Markers - Modeling Discussion - Foundation Meeting 6. Wi i - Old - Ne 7. Emergency urishment - Update - Doctors Pass/Seagate Access 8. Hideaway Beach - Update VIII. New Business 1. Anal sis Business 2. Anticipated RF - Balance of Emergency Renourishment - Old Template Dredging Wiggins Pass - Rebuild Doctors Pass Jetty 3. Summary of Preliminary Findinas on Sediment Studies IX. Old Business 1. Peer Reyiew Discussion/Direction ~ ~ X. Announcements XI. Committee Member Discussion XII. Next Meeting Date/location October 14, 2010 - Government Center, Public comments will be t Gail D. H XIII. Adjournment All interested parties are invited to attend, and to register to writing, to the board prior to the meeting if applicable. For more information, pie If you.are a per~ol1wIth you are entitled, Facilities Management minutes unless the Chairman grants ~ ~ September 9, 2010 ~ I. Call to Order Chairman Sorey 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 Mr. Rios moved to approve the Agenda subject to the following addition: . Item VIII.3 - Summary of Preliminary Findings on Sediment Studies Second by Mr. Moreland. Carried unanimously 6-0. V. Public Comments None ~ VI. Approval of CAe Minutes 1. August 12, 2010 Mr. Rios moved to approve the minutes subject to the following changes: . Page 5, paragraph 2, line 3 - from". . . consideration be given to raising the Tourist Tax .5 - 1.0 percent." to".. . consideration be given to raising the Tourist Tax 1/2 - 1.0 cent." . Page 6, paragraph 3, line 2 - 3 - from".. .increasing the Tourist Tax by .5% to 1.0%." to ".. .increasing the Tourist Tax 1/2 -1 cent." Second by Mr. Pires. Carried unanimously 6-0. VII. Staff Reports 1. Expanded Revenue Report - Gary McAlpin The Committee reviewed the "Tourist Tax Revenue Report - FY 2009 - 2010" updated through August, 2010. 2. Project Cost Report - Gary McAlpin The Committee reviewed the "FY 2009/2010 TDC Category "A: Beach Maintenance Projects" updated through September 1, 2010. Mr. Burke arrived at 1 :09pm ~ 3. FEMA Reimbursement - Update Gary McAlpin provided copies of emails between himself, Collier County Manager Leo Ochs and Robert Seibert, Lead Deputy Assistance Officer for the Florida Division of Emergency Management outlining the status of the re-imbursement ofFEMA funds for the beach damages caused by storms Gabrielle, Katrina, Wilma and Fay. Funds have been obligated in the amount of $9,486,535.40 and County is awaiting receipt of the funds. Staffwill need to 2 September 9, 2010 ~ meet with the Florida Department of Environmental Protection to determine the portion due to them from the County on the "cost share" requirements. 4. Vanderbilt Beach Bathroom Status Gary McAlpin provided the update noting the project is in the permitting phase and is anticipated to be under construction within 9 months. 5. Clam Bay Subcommittee Progress - Update Gary McAlpin provided the following updates: . Written updates for items VII.5, 7 and 8. The following was highlighted: - Tidal Flushing Dredging Staff responses to Request for Additional Information (RAI) for the Florida Department of Environmental Protection (FDEP) and the US Army Corps of Engineers are 75 percent complete. An email string was provided between Staff and the FDEP which indicate the historically approved dredge cuts were to depths of -5.5 feet NGVD in the areas in question. ~ - Navigational Markers A memorandum dated September 2,2010 from Lucy Blair, Environmental Administrator, through Jon Iglehart, Director of District Management indicating a "Heightened Public Concern Project for Review" which provides a summary on the position of the FDEP. Staff comments on the FDEP request for additional information are due by October 14, 2010. - Modeling Discussion None - Foundation Meeting None 6. Wiggins Pass Subcommittee - Update - Old Dredge Template Gary McAlpin presented a copy of his email to Gail Hambright dated August 31, Subject: Update on Wiggins Pass Issues. Included in the email are copies of updates on the status of coastal and pass activities for Wiggin's Pass. Staff received a Request for Additional Information (RAI) from FDEP on August 26. Staff is working on responses to the RAI and expect to submit them within 7 days. ~ Mr. Moreland, Chairman of the Wiggin's Pass Subcommittee reported a major issue is the State of Florida Division of Recreation and Parks concern that the dredging may create erosion on the Delnor-Wiggins State Park beach. If this occurs, they would like the County to be responsible 3 ~ ~ VIII. ....-.., September 9, 2010 and address the situation. A concern is, the position may delay issuance of the permits, and there is substantial erosion on the north side of the Pass in the area of Barefoot Beach which needs to be immediately addressed. Gary McAlpin noted Staff will be meeting jointly with the FDEP and the Florida Division of Recreation and Parks to resolve any concerns as quickly as possible. - New Navigational Channel July 2009 changes to the Competitive Consultant Negation Act require the County to re-negotiate contract work with consultants. A new Request for Proposal (RFP-10-5572) has been issued, with the responses due on September 24,2010. Until a consultant has been authorized to complete the work, the activity is on hold. If Committee members have any questions on the RFP, contact Staff. 7. Emergency Renourishment - Update - Doctor's Pass/Seagate Access The Biological Opinion should be complete in October 2010, no new permit will be required and the County will complete the work under the previous permit issued in 2005. A "Notice to Proceed" will be requested from the agencies. In order to save on costs, staff intends to mobilize the project in conjunction with the Wiggin's Pass dredging and Doctor's Pass Jetty Proj ect. 8. Hideaway Beach - Update Work is underway on the re-nourishment and related jetty improvements and is expected to be completed within 3 months. The project is being managed by the Hideaway Beach Association and the City of Marco Island. Speaker Linda Roth, Pelican Bay Resident requested clarification on the source of funding for the beach re-nourishment associated with the project. Gary McAlpin noted the cost for placing the sand is being borne by the Hideaway Beach Municipal Taxing District. New Business 1. Analysis Business Needs versus Funds Available Gary McAlpin provided the document "Fund 195 - Beaches/Inlets Revenue vs. Expense Analysis Coastal Zone Management Department" and "FY 10/11-195 Fund Budget Analysis dated September 9,2010 for review. He noted: . If major re-nourishment is needed sooner than the proposed 10-year cycle, reserve funds may be inadequate. 4 September 9,2010 ,--... . Based on experience, an 8-year cycle appears more realistic than the currently proposed 10-year cycle. . TDC (Tourist Development Council) funds will be inadequate to run the program and accomplish the required inlet management or Marco Island projects. . State and Federal funding is unreliable and harder to obtain, and cannot be counted on. The Committee requested Staff provide the analysis to the Board of County Commissioners when considerations are being given to the re-direction of beach funds to advertising or re-allocation of TDC funds. Speaker Marcia Cravens, Mangrove Action Group expressed concern on the large amount of TDC funds expended by Coastal Zone Management. Some of the proposed dredging, etc. may be put on hold to accrue funds in the reserves. Other public institutions (libraries, museums, etc.) are seeing reduction in TDC funds and consideration should be given to adequately fund those operations. .~ 2. Anticipated RFP Fall 2010 - Balance of Emergency Renourishment - Old Template Dredging Wiggin's Pass - Rebuild Doctor's Pass Jetty Gary McAlpin reported the purpose of the item is to update the committee on staffs intent to prepare a bid package incorporating joint mobilization for the 3 projects listed above. The proposed improvements are anticipated to be initiated in early 2011. 3. Summary of Preliminary Findings on Sediment Studies Gary McAlpin provided the document "Summary of Preliminary Findings on Sediment Studies" dated September 9,2010. He noted, the report indicates the ambient locations sampled throughout the Clam Bay system are not compromised by pollutants. The Louisiana State University Lab conducted the analysis and could not identify the age of the sediment due to its lack of organics. Staff proposes to discuss the item in detail at the next Coastal Advisory Committee meeting with the appropriate consultants available to answer questions. ,.-., Speaker Marcia Cravens, Mangrove Action Group submitted a copy of an email dated January 8,2008 from Leo Ochs to Gary McAlpin, Subject - "FW: Clam Bay Permit Follow-up" and a letter from Robert Branny, Jr., Bureau of Beaches and Coastal Systems, to Brett Moore of Humiston and Moore dated December 15, 1998 for the record. She expressed concern the original Pelican Bay Development Order from the State of Florida indicates it was approved with the 5 September 9, 2010 ~ intention to set aside a conservation easement within the area. The area was to remain in its natural condition and additional documentation does not provide for any alterations to the area. Mr. Pires noted the development order was issued by Collier County, not the State of Florida and conservation easements don't necessarily preclude activities that would enhance or improve the natural environment found within them. IX. Old Business 1. Peer Review DiscussionlDirection Gary McAlpin provided the document "Peer Review Discussion" dated September 9, 2010 for review. He noted it is Staffs opinion that new direction on the peer review and associated budget changes do not require review by the Board of County Commissioners. Mr. Pires noted the Clam Bay Subcommittee has requested Staff (through a specific motion) to amend the direction provided by the Board of County Commissioners. It was the subcommittee's opinion BCC approval is required to change direction ofthe proposed peer review. ~ Speaker Keith Dallas, Chairman Pelican Bay Services Division submitted a letter sent to Leo Ochs, County Manager - "Re: Peer Review of Clam Bay System Data Collection Analysis Report by PBS&J" dated September 9, 2010. He noted the Pelican Bay Services Division has determined the peer review issue is at an impasse and they cannot realistically go forward to jointly develop a timely peer review of the 2009 PBS&J Report. The PBSD does support the peer reviews of the report prepared to date, especially those of Kathy Worley, Environmental Science Co-Director of the Conservancy of Southwest Florida and Dr. Harold R. Wanless, Professor and Chair, Department of Geological Sciences, University of Miami. Chairman Sorey requested Staff schedule the item as an action item for the next CA C meeting and include the minutes from the applicable Clam Bay Subcommittee meeting in the CAC meeting packet. X. Announcements None XI. Committee Member Discussion Mr. Raymond thanked Gary McAlpin for his tour ofthe beaches. Mr. Pires requested Staff forward any evaluation and appraisal report recommendations for items affecting Coastal Zone Management to committee members. Mr. Moreland has received public communication expressing frustration on the navigational condition of Wiggin's Pass. It is having a negative economic impact on ..-... 6 September 9,2010 --... real estate sales and values due to the lack of availability of public boating. Commercial fishing interests are being negatively impacted and there are overall safety concerns as well. He noted the County is adequately attempting to address the issue, but expressed concern over delays at the state level. Chairman Sorey asked if any further action may be taken to expedite dredging of the channel. Gary McAlpin noted they are awaiting the biological opinion; an option is to contact state representatives for assistance. He has contacted the County Manager who recommends meeting with the Director of the Florida Division of Recreation and Parks to address this and any other County issues. Mr. Burke thanked Keith Dallas for his efforts on the peer review issue. Next Meeting Date/Location October 14,2010 - Government Center, Administration Bldg. F, 3rd Floor ***** /--, There being no further business for the good of the eounty, the meeting was adjourned by order of the chair at 2:37 P.M. Collier County Coastal Advisory Committee John Sorey, III, Chairman These minutes approved by the Board/Committee on as presented or as amended ~ 7