Agenda 05/26/2009 Item #10A
Agenda Item NO.1 OA
May 26, 2009
Page 1 of 11
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve the Clam Bay
Advisory Committee Mission Statement as required in the Clam Bay Advisory
Committee Ordinance No. 2008-48.
OBJECTIVE: To obtain approval from the Board of County Commissioners of the
Clam Bay Advisory Committee Mission Statement.
CONSIDERATIONS: On September 9, 2008 the Board of County Commissions
approved the creation of the Clam Bay Advisory Committee by Ordinance No. 2008-48.
This Ordinance, per Section Two, requires the development of a mission statement
outlining the specific functions, power and duties along with developing a work plan
which is to be presented to the Board of County Commissioners for review and
approval.
Since the mission statement was recommended for approval by the CBAC, the work
plan section of the mission statement has been modified to combine two work
subcommittees. This changes the number of subcommittees to three but does not
affect the mission, function, powers, duties or completion dates of the master plan.
,."""-,,
ADVISORY COMMITTEE RECOMMENDATIONS: The Clam Bay Advisory Committee
approved this Mission Statement 7-0 at the February 19, 2009 meeting. The Coastal
Advisory Committee approved this Mission Statement 4-1 at the March 12, 2009
meeting.
FISCAL IMPACT: Funding for these activities will be identified and presented in the
final Estuary Master Plan. Interim funding requirements will be, if required, presented to
the county management for interim funding solutions.
GROWTH MANAGEMENT IMPACT: This plan is consistent with the Growth
Management Plan.
LEGAL CONSIDERATIONS: This mission statement is in compliance with the Clam
Bay Advisory Committee Ordinance No. 2008-48. This item is not quasi-judicial, and as
such ex parte disclosure is not required. This item requires majority vote only. This
item is legally sufficient for Board action. - CMG
RECOMMENDATION: That the Board of County Commissioners review and approve
the Clam Bay Advisory Committee mission statement as required by the Clam Bay
Advisory Committee Ordinance No. 08-48.
PREPARED BY: Gail Hambright, CZM
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Agenda Item No. 10A
May 26, 2009
Page 2 of 11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
10A
Item Summary:
Recommendation that the Board of County Commissioners approves the Clam Bay Advisory
Committee Mission Statement as required in the Clam Bay Advisory Committee Ordinance
No. 2008-48. (Gary McAlpin, Coastal Zone Management)
Meeting Date: 5/26/2009 900:00 AM
Approved By
Gary McAlpin Costal Project Manager Date
Public Services Coastal Zone Management 3/24/2009 9:50 AM
Apprond By
Colleen Greene Assistant County Attorner Date
County Attorney County Attorney Office 3/30/20098:19 AM
Approved By
Jeff Klatzkow County Attorney Date
County Attorney County Attorney Office 3/30/2009 8:33 AM
Approved By
Kathy Carpenter Executive Secretary Date
Public Services Public Services Admin. 4/312009 2:24 PM
Approved By
Marla Ramsey Public Services Administrator Date
Public Services Public Services Admin. 4/16/2009 12:48 PM
Approved By
OMS Coordinator OMB Coordinator Date
County Manager's Office Office of Management & Budget 4/17/20097:48 AM
Approved By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 4/17/20098:01 AM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County County Manager's Office 4/21/20092:15 PM
Commissioners
file://C:\Agenda Test\Export\ 130-May%2026, %202009\ 10. %20COUNTY%20MANAGER...
5/20/2009
Agenda Item No. 10A
May 26, 2009
Page 3 of 11
COLLIER COUNTY "CLAM BAY ADVISORY COMMITTEE"
MISSION, FUNCTIONS, POWERS, DUTIES & WORK PLAN
RECOMMENDED BOUNDARIES
The Clam Bay Advisory Committee (hereafter lithe Committee") has defined the boundaries of
the Clam Bay Estuary (hereafter tithe Estuaryll) as, generally, that wetland area south of
Vanderbilt Beach Road and north of the Sea Gate Community. The Committee will limit its
review and recommendations to this defined area which will include Outer, Inner and Upper
Clam Bay with the interconnecting canals from Vanderbilt Beach Road to Seagate Drive.
Specifically, the Estuary area will be as defined as the National Resource Protection Area
(NRPA); that is, tithe entire Clam Pass system which includes the 2 miles of beach and dune
ridge north to Vanderbilt Road, 0.6 miles of beach and dune ridge south to Seagate Drive, the
associated back bay systems including those of Outer Clam Bay, Inner Clam Bay and Upper Clam
Bay."
COMMITTEE MISSION
The Committee's mission is to advise, assist and make joint recommendations to the Board of
County Commissioners (IIBCC") and the Coastal Advisory Committee (IICAC') with all major
issues affecting the management, use, direction, health and long term viability of the Clam Bay
Estuary in accordance with the protection afforded Clam Pass and Clam Bay's NRPA and
conservation designations as delineated in the Future Land Use Element of the Collier County
Growth Plan and Coastal Zone Management Plan. In doing so, the Committee will formulate
recommendations for review and recommend possible funding sources that may be required by
such recommendations.
COMMITTEE FUNCTIONS AND POWERS
The Committee's powers and functions are as an advisory group with the responsibility of
making recommendations pertinent to the Estuary.
COMMITTEE DUTIES
The Committee has defined its specific duties and scope of work relative to its defined mission
as the review and recommendations associated with, but not limited to, the major issues listed
below. The Committee plans on integrating their recommendations on these specific issues into
a comprehensive long term management plan as well as suggested guidelines for the day-to-
day operation of the Estuary.
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Agenda Item No. 10A
May 26, 2009
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1. Permit issues, requirements and compliance
2. Water quality and sampling programs
3. Tidal flushing and mixing
4. Mangrove maintenance
S. Maintenance of hand dug channels
6. Nutrient loadings and runoff control
7. Maintenance of Clam Pass
8. Sand bypassing at Clam Pass
9. Navigational use and marking
10. Estuarine wildlife and habitat optimization
11. Public education and outreach
12. Funding
COMMITTEE WORK PLAN
The Committee's work plan is to review the issues listed above by the formation of various
subcommittees and to integrate their specific findings into a recommended long-term
management plan for the Estuary. The recommended subcommittees to be formed and their
specific responsibilities and planned task completion dates are listed below. Each
subcommittee will submit their recommendation to the Committee for changes, modification
and approval. The plan would be to integrate the findings of these subcommittees, complete
the management plan and submit a written draft report to the CAC by September 3D, 2009. The
Committee will work with the CAC to make necessary changes to the Committee's draft report
and to submit a revised recommended written plan to the BCC by mid-November. In addition,
the Committee will submit a written report to the BCC by October 20 with recommendations on
whether the BCC should continue with this Committee. If continuation is approved, the
Committee will make necessary changes to the recommended plan based on input and
guidance from the CAC and the BCC and finalize the report by December 31, 2009.
It should be noted that the Committee recognizes that some of these subcommittee duties
overlap and interconnect and the Committee may, at its discretion, combine the duties of
several subcommittees and/or schedule joint meetings of multiple, related subcommittees.
1) Subcommittee One {Permits}: This subcommittee will be made up of Tahlman Krumm,
Robert Rogers and Noah Stand bridge and address the following issues:
a) Review navigational issues associated with Clam Pass for the specific purpose of
compliance with old permit conditions and the closing out of such permits.
b) This subcommittee will also complete the required application for a new dredging
permit for Clam Pass that enables minimal dredging for tidal flushing.
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Agenda Item No.1 OA
May 26, 2009
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2) Subcommittee Two (Water Qualitv, Mixing and Runoff): This subcommittee will be made up
of Kathy Worley, David Roellig and Ronald Glah and address the following issues:
a) Water Qualitv and Sampling: Review prior water quality, technical reports, quality
assurance and control procedures, laboratory certifications, state reporting
requirements and investigate water quality trends and impact on estuarine wildlife and
vegetation. Make recommendations on required water sampling and testing to assure
the long term viability of the Estuary. Make recommendations on the sampling protocol
to be consistent with other water quality programs.
b) Tidal Flushing and Mixing: Review available technical data and make recommendations
on studies that could be undertaken to improve the overall health of the Estuary by the
identification and optimization of tidal flushing and mixing. Overall optimization to
enhance estuarine wildlife is the goal of this subcommittee. Identification of estuarine
wildlife most suited for this habitat and restoration recommendations, if appropriate,
are also to be considered.
c) Nutrient Loading and Runoff Control: Review previous reports on the sources and
impact of run off on the Estuary's water quality, mangroves and estuarine wildlife and
habitat. This will include a complete review of nutrient loadings, an identification of the
major sources of runoff and recommended actions to reduce runoff that is having a
negative impact on the Estuary. This subcommittee will utilize the output of the Water
Quality Subcommittee described above; in reviewing what part runoff plays on
degrading the Estuary's water quality.
3) Subcommittee Three (Mangrove Maintenance and Estuarv Habitat) - This subcommittee
will be made up of John Arceri, Jim Carroll and Kathy Worley and address the following
issues:
a) Mangrove Maintenance and Hand Dug Channel Maintenance: Review prior technical
reports on the present condition of the Estuary mangroves, trend analysis and
previously recommended actions to assure long term health of the mangrove
community.
b) Estuary Wildlife and Habitat: Review all available biological and ecological data and
make recommendations on improving the future health of estuarine wildlife and
habitat. This includes, but not limited to, mangroves, seagrass, oysters, clams, etc...
4) Subcommittee Four (Maintenance Dredging and Sand Bvpassing) - This subcommittee will
be made up of David Roellig, Kathy Worley and David Farmer and address the following
issues:
a) Maintenance Dredging and Sand Bvpassing of Clam Pass: - Review previous reports on
channel related issues. Responsibility will include review and recommendations
associated with maintenance requirements for dredging Clam Pass and an evaluation of
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Agenda Item No. 10A
May 26. 2009
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the potential of various levels of sand bypassing on Clam Pass and its surrounding
beaches. The subcommittee will also review and consider the impact of tidal flushing
and mixing on these channels.
5) Additionally, the nine member Clam Bay Advisory Committee will address the following two
topics as a total committee. These topics are:
a) Public Education and Outreach: prepare outlines of a proposed education plan for the
public, local residences and major users of the Estuary waters. The subcommittee plan
would include suggested material needs and methods for reaching all of the Estuary
users. The focus of the public outreach program will involve all users on the need for
public involvement and action to help assure the long-term viability of the Estuary.
b) FundinR: review all of the recommendations of the Committee subcommittees and
formulate estimated funding requirements and sources of funds to enable
implementation of the recommended total management plan for the Estuary. Identify
possible funding sources such as the Tourist Development Council, local City
governments and associations, national, state and county governments and a review of
availability of grants from all possible sources.
Upon completion of the work of the subcommittees, the Committee may utilize workshops to
integrate all recommendations into the required comprehensive long term management plan
for the Estuary by October 15.
3/1/2009
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. 1>.':;; AN ORDINANCE CREATING THE CLAM BAY
~49Lg\.~Q. ADVISORY COMMITTEE; PROVIDING FOR CREATION
A.l'\JD PURPOSE; PROVIDING FUNCTIONS, POWERS AND
DUTIES; PROVIDING FOR APPOINTMENT AND
COMPOSITION, TERMS OF OFFICE, ATTENDANCE AND
FILLING OF VACANCIES; PROVIDING FOR REMOVAL
FROM OFFICE FOR FAILURE TO ATTEND MEETINGS;
PROVIDING FOR OFFICERS, QUORUM AND RULES OF
PROCEDURE; PROVIDING FOR REVIEW AND SUNSET
PROVISION; PROVIDING FOR INCLUSION IN CODE OF
LAWS AND ORDINANCES; PROVIDING FOR CONFLICT
AND SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
Agenda Item No. 10A
May 26, 2009
Page 7 of 11
ORDINANCE NO. 2008- 48
WHEREAS, the Board of County Commissioners of Collier County approved creating
the Clam Bay Advisory Committee on July 22, 2008; and
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WHEREAS, the purpose of this Committee is to review issues affecting the~re ~am
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Bay estuary system including the direction, management, health and long term vial5j.gty ~the"
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entire estuary system and to make recommendations directly to the Coastal Advisorjq;Omnl1tte~"'M
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which will then forward any recommendations to the Board of County Commissioneg~d7:' 0
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WHEREAS, the Clam Bay estuary system is a designated Natural Resource- P'rot~tion
Area (NRP A).
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
Creation and Purpose of the Clam Bay Advisory Committee.
There is hereby created the Clam Bay Advisory Committee (hereinafter the
"Committee"). The Committee is created to assist the Coastal Advisory Committee and the
Board of County Commissioners with all issues affecting the entire Clam Bay estuary system,
including the management, direction, health, and long term viability of the estuary system.
Agenda Item No. 10A
May 26, 2009
Page 8 of 11
SECTION TWO: Functions, Powen and Duties of the Advisory Committee.
Once members have been appointed to the Committee, the membership shall develop a
mission statement, outline its specific functions, powers, and duties, and develop a work plan
which will be presented to the Board of County Commissioners for review and approval.
The Committee will also recommend the boundaries of the Clam Bay estuary system to
the Board of County Commissioners.
SECTION THREE: Appointment and Composition; Terms of Office; Attendance and
Filling Vacancies.
The Committee shall be composed of nine members whose membership shall include two
representatives from Pelican Bay,; two representatives from Seagate and/or Naples Cay; one
resident from District 1; one resident from District 3; one representative from District 5; and two
members from the community at large with specific technical scientific expertise related to
estuary management and protection.
Committee members shall be sought in accordance with the provision of Collier County
Ordinance 01-55, as amended, or by its successor ordinance. The initial term of office of the
Committee shall be one year. The Committee will be reviewed by the Board of County
Commissioners in one year in compliance with Section Six of this Ordinance.
Members of the Committee shall be appointed and serve at the pleasure of the Board of
County Commissioners.
Members shall meet the qualifications for membership and
requirements as outlined in Ordinance No. 01-55, as amended, or by its successor ordinance.
Appointment of members to the Committee shall be by resolution of the Board of County
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Agenda Item NO.1 OA
May 26, 2009
Page 9 of 11
Commissioners, which resolution shall set forth the date of appointment. Appointments to fill
any vacancies on the Committee shall be for the remainder of the unexpired term.
Section Four. Removal from Office; Failure to Attend Meetings.
Removal from office and attendance requirements shall be governed by Ordinance No.
01-55, as amended, or by its successor ordinance.
Section Five. Officers; Quorum; Rules of Procedure.
At its earliest opportunity, the membership of the Committee shall elect a chairman and
vice chairman from among the members. Officers shall serve for a one year term with eligibility
for reelection.
The presence of five or more members shall constitute a quorum of the Committee
necessary to take action and transact business.
The Committee shall, by majority vote of the entire membership, adopt by-laws for the
scope and transaction of business to be approved by the Board of County Commissioners. The
Committee shall keep a written record of meetings, resolutions, findings and determinations.
Copies of all Committee minutes, resolutions, reports and exhibits shall be submitted to the
Board of County Commissioners.
Section Six. Review Process and Sunset Provision.
This Ordinance shall automatically sunset on December 31, 2009, unless otherwise
extended by Resolution of the Board of County Commissioners. The Committee shall provide a
written report to the Board of County Commissioners no later than October 20, 2009 with
recommendations on whether the Board should continue this Committee.
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Agenda Item No.1 OA
May 26,2009
Page 10 of 11
Section Seven: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
Section Eight: Conflict and Severability.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
Section Nine: Effective Date.
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DUL Y ADOPTED by the Board of County Commissioners of Collier
County, Florida, this g!!y.ay of September, 2008.
ATTEST:
DWlOOTI!.B,ROCK, CLERK
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~' .. "': ~i:;. Pc(a1isLtl(
," . Deputy Clerk.
~.'rAtust 'S, to. Chi frw.a.. 1
'"I-t,,~~..,.~on I .
BOARD OF COUNTY COMMISSIONERS
COLLIE COUNT , FLORIDA
BY:
TOM HENNING, CHAIRMAN
Approved as to form and legal sufficiency:
~M~
-
Colleen M. Greene
Assistant County Attorney
Page 4 of 4 -
This ordinance filOO with tt1e
s..'uetory of St:itc's Office the
.ICi.#\ dny Clf ~-\-. ~
onti acknowl,:;:dgeme(lt (R thot
'd;~<?cP,ved this ~ day
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Agenda Item No. 10A
May 26, 2009
Page 11 of 11
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2008-48
Which was adopted by the Board of County Commissioners
on the 9th day of September, 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 16th
day of September, 2008.
DWIGHT E. BROCK
Clerk of Courts and Cl'erk.,
Ex-officio to Board of
County Commissioners
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By: Teresa Polaski,
Deputy Clerk