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CAC Minutes 12/09/2010 R December 9, 2010 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, December 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 (Excused) Jim Burke Murray Hendel Robert Raymond (Excused) Joseph A. Moreland Victor Rios Wayne Waldack (Vacancy) ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Colleen Greene, Assistant County Attorney Gail Hambright, Accountant Dr. Michael Bauer, City of Naples 1 MEETING AGENDA & NOTICE MEETING AGENDA & NOTICE COASTAL ADVISORY COMMITTEE (CAC) THURSDAY, DECEMBER 9, 2010 - 1:00 P.M. BOARD OF COUNTY COMMISSIONERS CHAMBERS THIRD FLOOR, COLLIER COUNTY GOVERNMENT CENTER 3299 TAMIAMI TRAIL EAST, NAPLES, · Sunshine Law on Agenda Questions PUBLIC NOTICE I. Call to Order II. Pledge of Allegiance III. Roll Call IV. Changes and Approval of Agenda V. Public Comments VI. Approval of CAC Minutes 1. October 14, 2010 VII. Staff Reports 1. Expanded Revenue Report - Gary McAlpin 2. Project Cost ReDort - Gary McAlpin VIII. New Business 1. Wiggins Pass Bid Package - Review and Discussion 2. Naples Berm Bid Package - Review and Discussion 3. Doctors Pass Bid Package - Review and Discussion 4. Pro Dosed Easement Document for Beach Renourishment IX. Old Business X. Announcements 1. CAe Schedule for 2011 XI. Committee Member Discussion XII. Next Meeting Date/ Location January 13, 2011 - Government Center, Administration Bldg. F, 3rd Floor XIII. Adjournment All interested parties 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. December 9, 2010 I. Call to Order Chairman Sorey called the meeting to order at 1 :01 PM II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call Roll call was taken and a quorum was established. Randy Moity, Coastal Advisory Committee (CAC) candidate from Marco Island was in the audience. IV. Changes and Approval of Agenda Mr. Rios moved to approve the Agenda. Second by Mr. Burke. Carried unanimously 5-0. V. Public Comments Steve Feldhaus, Secretary, Pelican Bay Foundation provided an update on the Management of the Clam Bay Estuary System noting the Foundation and the County have been working closely together to address the issues involved with the Management of the Estuary including dredging of the Pass and overall management ofthe system. At the next CAC meeting, the Committee will be revisiting a proposal for the navigational markers of Clam Bay. The Foundation supports the marking of the bay for navigation, and supports the boating rights of the Seagate Community, however is not in favor of the red and green navigational markers. VI. Approval of CAC Minutes 1. October 14, 2010 Mr. Moreland moved to approve the minutes of the October 14,2010 meeting. Second by Mr. Rios. Carried unanimously 5-0. VII. Staff Reports 1. Expanded Revenue Report - Gary McAlpin The Committee reviewed the "Tourist Tax Revenue Report - FY 2010 - 2011 " updated through November 2010. He noted Tourist Tax collections for the first 2 months of the Fiscal Year are over budget projections in the amount of$82,177. 2. Project Cost Report - Gary McAlpin The Committee reviewed the "FY 2010/2011 TDC Category "A: Beach Maintenance Projects" updated through December 1,2010. Mr. Waldack arrived at 1: 14pm VIII. New Business 1. Wiggins Pass Bid Package - Review and Discussion 2 December 9, 2010 Gary McAlpin presented the Executive Summary "Share Wiggins Pass Dredging Bid Package and discuss issues and status with the CAe" dated December 9, 2010 for informational purposes. He noted: · This will be the 14th time the Pass has been dredged and is currently on an 18 month schedule for dredging. · The County is developing a long term solution for the stabilization of the Pass which is intended to lengthen the dredge cycle to approximately 4 years. · The proposed dredging "interim dredging" is necessary before a long term plan for stabilizing the Pass is implemented. · The permit for the "interim dredging" is expected to be issued by the Florida Department of Environmental Protection this month. · The scope of work is out for bid and due on January 6, 2011. · The contract will require approval by the Board of County Commissioners. · It is anticipated the work will begin in February 2011 and be completed by April 1, 2011. · A portion of the waters involved in the activity are "Outstanding Florida Waters" which require maximum Nephelometric Turbidity Units (NTU's) during the dredging activity. · The County has reached an agreement with the FDEP on the allowed NTU's. Mr. Moreland (Chairman of the CAe Subcommittee charged with developing a long term solution to stabilizing the Pass) has been confronted by members of the boating community who are concerned with the impeded navigation of the Pass and frustrated with the length of time it is taking to complete the "interim" dredge. " Speaker Doug Fee, Resident and boater verified the Pass needs dredging but expressed concern that a "Letter of Consistency" issued on August 30,2010 by County Staff which indicates the proposed dredging is in conformance with the Land Development Code and the Growth Management Plan. He expressed concern that the "Letter of Consistency" was issued without public or Stakeholder input and questioned how the public could provide input or challenge the "letter" if they so wanted? County Staff (Bill Lorenz) informed him the long term solution to stabilization of the Pass will require public and Stakeholder input at the time of the proposal. He cited sections of the LDC and GMP which requires reviews of development within the Conservation District (which the lands in question lie within). He encouraged CAC members read the Land Management Plans for Barefoot Beach and Delnor Wiggins State Park and is concerned the "letter" did not address all County Policies in effect. 3 December 9,2010 He recommended the Coastal Advisory Committee require input from the Environmental Advisory Council and Collier County Planning Commission on any proposed plans to stabilize the Pass. Chairman Sorey noted any interested party could address the Board of County Commissioners when the "interim dredging" bid package is on their Agenda. Gary McAlpin noted Letters of Consistency are primarily issued by Staff and all information requested was provided to Mr. Lorenz for his analysis. The issue may be addressed by the BCC, if necessary. Speaker Nicole Ryan, Conservancy of Southwest Florida noted the Conservancy is aware of the conditions proposed for the permit. They are conditions "they can live with" and requests the County not pursue further variances in the NTU requirements. She recommended the benefits of the Wiggins Pass environment be assessed in monetary means and will attempt to identify a party for anyone who is interested in this type of information. Gary McAlpin noted the County agrees not to request any further variances in the NTU requirements. The proposal for a long term solution to stabilization of the Pass will require review by all necessary County Advisory Boards (i.e. Environmental Advisory Council and Collier County Planning Commission.) 2. Naples Berm Bid Package - Review and Discussion Gary McAlpin presented the Executive Summary "Share the Naples Berm Bid Package and discuss issues and status with the CAe" dated December 9,2010 for informational purposes. He noted: · The scope of work is to re-nourish hot spots in the area south of Doctors Pass and Seagate. · Last summer, the BCC authorized $1.5M to temporarily stabilize these areas. · Approximately 24,000 cubic yards of material will be placed in the Doctors Pass Area to stabilize the area until a major renourishment is completed. · Staff continues to analyze the Seagate location to determine if interim renourishment is required. · Staff is working with the Chateau development to gain permission to renourish the area controlled by them. · If the Chateau lands are not incorporated into the scope of work, there will be a grade break in the berm line which could cause a weakness to the berm if it becomes "breached." · The work is anticipated to begin in early February 2011 and be completed by May 7th. 4 December 9,2010 3. Doctors Pass Bid Package - Review and Discussion Gary McAlpin presented the Executive Summary "Share the Doctors Pass Jetty Rebuild Bid Package and discuss issues and status with the CAe" dated December 9,2010 for informational purposes. He noted: · The scope of work is to repair the existing Jetty at Doctors Pass. · Staff continues to attempt to gain permission to access the area on the north side of the Jetty to complete the work. This may require cooperation with the City of Naples. · Approximately 4,000 tons of stone will be placed to repair the Jetty. Chairman Sorey requested Dr. Michael Bauer contact the Naples City Manager to determine a City of Naples "project contact" for the proposed scope of work. 4. Proposed Easement Document for Beach Renourishment Gary McAlpin presented the Executive Summary "Recommendation to approve Easement Agreement between the Beachfront property Owners and Collier County to provide public beach access, major beach renourishment, vegetation planting and dune restoration to the property easement" dated December 9, 2010 for approval. He noted: · The easement is to grant permission to the County, or their representatives, to access private properties to complete any work required in renourishing County beaches. · The proposal would require the landowner to grant an easement into perpetuity for public use of the area in exchange for the expenditure of public funds to stabilize their property. Chairman Sorey reported property owners have indicated to him they are concerned over a perpetual easement. Their position is, if the renourishment ceases to exist, the easement should expire as well. Colleen Greene, Assistant County Attorney noted the directive given to Staff by the Board of County Commissioners (BCC) was to prepare "perpetual easements" for public access. The BCC could consider allowing the easement to expire if funding is no longer approved by the appropriate parties (State of Florida, BCC, etc.) Gary McAlpin noted Staff will also meet with the City of Naples and the City of Marco Island regarding the issue. Chairman Sorey recommended a decision on the proposed document be postponed until it has been properly vetted with property owners and the City of Naples and Marco Island. Colleen Greene recommended the Committee approve the "concept" so Staff may move forward and review the issues raised. 5 December 9, 2010 Mr. Hendel moved to approve the document "in concept" subject to additional inputfrom Stakeholders. Second by Mr. Burke. Motion carried 4 'yes" - 2 "no." Chairman Sorey and Mr. Waldack voted "no. " IX. Old Business None X. Announcements 1. CAC Schedule for 2011 Gary McAlpin presented a memo from Gail Hambright, Tourist Tax Coordinator to CAC - Subject "2011 CAC Scheduled Meetings" for informational purposes. XI. Committee Member Discussion Mr. Waldack requested an update on the Hideaway Beach renourishmept project. Gary McAlpin reported the project is mostly complete and the contractor is in the process of demobilizing. Mr. Rios requested an update on the status of a possible interim renourishment for South Beach for Marco Island. Gary McAlpin noted a Study is underway and Staff has not formerly addressed the issue at this point. XII. Next Meeting Date/Location January 13,2011 - Government Center, Administration Bldg. F, 3rd Floor There being no further business for the good of the County, the meeting was adjourned by order of the chair at 2:15 P.M. Collier County Coastal Advisory Committee John Sorey, III, Chairman These minutes approved by the Board/Committee on as presented or as amended 6