Beach and Coastal Resources Advisory Committee

51 Bald Eagle Drive City of Marco Island Florida Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Beach and Coastal Resources Advisory Committee Chair: Maria Lamb Vice-Chair: Robert Eastman Members: Donald Bonica, Ruth McCann, Ray McChesney, Judy Novak, Nathaniel O'Donnell City Staff: Dave Baer, Patty Mastronardi Wednesday, October 16, 2019 9:00 AM Community Room (1) CALL TO ORDER Chair Lamb called meeting to order 9:00 a.m. (2) ROLL CALL Present: 5- Member Novak, Member ODonnell, Member Bonica, Member McCann and Chair Lamb Absent: 2- Member McChesney and Vice-Chair Eastman (3) PLEDGE OF ALLEGIANCE Led by Member McCann. (4) APPROVAL OF THE AGENDA Chair Lamb changed agenda stop at Public Comment at 9:30 a.m., then swtich to Safe Harbor Language Workshop. If time, pick up rest of agenda items. MOTION by Member McCann, seconded by Member Novak, that this amended AGENDA be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Member Novak, Member ODonnell, Member Bonica, Member McCann and Chair Lamb Not Present: 2- Member McChesney and Vice-Chair Eastman (5) APPROVAL OF THE MINUTES ID 19-523 BchCRAC Draft Minutes 9/18/19 MOTION by Member Bonica, seconded by Member McCann, that these Minutes be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Member Novak, Member ODonnell, Member Bonica, Member McCann and Chair Lamb Not Present: 2- Member McChesney and Vice-Chair Eastman City of Marco Island Florida Page 1 Beach and Coastal Resources Meeting Minutes - Final October 16, 2019 Advisory Committee (6) STAFF COMMUNICATIONS a. MIPD Report Captain Baer reported Beach Report: Total Beach Hours - 191 hrs Total Beach Patrol Events - 183 events Environmental citations b. Sea Turtle Lighting Violations Mr. Baer: Under Sea turtle violation, number of special events on beach, make sure loops in with monitors. (7) PUBLIC COMMENT (TIME CERTAIN 9:30 A.M.) Andrew Tyler, resident: Lighting on beach for turtles, review Cape Canaveral ordinance, how much light allowed from light bulbs? Madeira roofing project: request for permit, light issues on crane at night, turtles build nests, close down crane for turtle season. Discussion with City Councilor Grifoni, Mr. Baer and BchCRAC committee on fines/penalities on intents to harm animal species: Observed resident, allowing environmental issues with intent to harm owls/tortoises, money driven, need stronger fine/penalty with more severe consequences, jail time (2-3- days) more than $100 fine. Malice in criminal intent to kill owls with moths thrown in burrows, negative on environment. Worked on listed species ordinance, committee requested larger fines, City Council disagreed. Committee will address again with City Council. Third offense, possible jail time, revisit 2020. If becomes criminal component, out of Code Enforcement, goes to County Court, City attorney hires prosecutor. Mr. Baer: City code is civil, no power to throw in jail. Contact FWC who calls FDEP for criminal enforcement. Police Officer bases case on probable cause, not strong enough to win. State attorney covers who goes to court. Fines range to $5,000, if no harmed done, no maximum fine. Challenging to work on burrowing owl case, go to prosecution, then not able to move forward. Speak to elected official, State Attorney's Office. City Councilor Grifoni: issue with larger fines in ordinance applies to everything. If code enforcement officer noticed someone destroying birds, does come back, larger fines to support, if particular species or act, come back to City Council. (8) PRESENTATIONS - None (9) OLD BUSINESS a. Gopher Tortoise Sign Gopher Tortoise signs delivered this weekend. b. Big Belly Beach Installation Mr. Baer spoke to Director Pinter, electronics associated with Big Belly trash cans, need City of Marco Island Florida Page 2 Beach and Coastal Resources Meeting Minutes - Final October 16, 2019 Advisory Committee to have discussion on easy access location. c. ThorGuard Lightning No update, out to bid, no response. Table to next month meeting. d. Madeira Dunes for Construction Last meeting Chair Lamb agreed to take notes, read before City Council, send copy to FDEP. Chief Inspector discuss October 29th with Magistrate. e. Sea Turtle Lighting October 18th, different events for property owners to correct violations. f. Safe Harbor Language for Incentive Burrowing Owls Starter Program Also in Attendance: Brad Cornell, Audubon of Western Everglades Ricardo Zambrano, FWC, West Palm Beach Craig Faulhaber, FWC, Tallahassee Tom Ostertag, FWC, Tallahassee Jared Grifoni, City Councilor Marco Island Jean Hall, Owl Program, Marco Island Mr. Cornell presented Safe Harbor Management Agreement (insurance for property owners) with discussion from BchCRAC committee: Allowing property owners to install burrowing owls Property Owners, City of Marco Island and Audubon obligations Termination of project - Property Owner, Commission Monitoring burrows - Audubon Cost - Audubon pays $250 FWC guidelines with instruction (owner awareness) Keep grass cut, (in legal office now) Advisory to City Council to recommend review and approve by City attorney City attorney work with FWC. Safe Harbor Agreement can stand alone Due to budget and City Council changes, do year to year agreement Committee look at other sources City Councilor Grifoni stated to add topic to future agenda with backup material with minor edits. Utilize fine portion for incentive program. If successful, figure out, see how citizens respond, will work itself out. Q & A by committee: Safe Harbor 5 year agreement, one time incentive cost $250, if property sold, remove burrow if inactive. Audubon makes assessment of property to meet landscaping criteria - yard must be compatible for owls, should not have too many trees, or located at intersection. Consensus, procedure matter. Owl Watch: how many candidates? Per Mr. Cornell, 10 retroactive. Give list of candidates for first disbursement on continual basis. MOTION to recommend agreement to move forward with City Council agreement as presented to committee. Monitoring: on behalf of property owners, if does not want to City of Marco Island Florida Page 3 Beach and Coastal Resources Meeting Minutes - Final October 16, 2019 Advisory Committee abide by Safe Harbor Agreement. MOTION by Member McCann, seconded by Member ODonnell, that this MOTION as stated be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Member Novak, Member ODonnell, Member Bonica, Member McCann and Chair Lamb Not Present: 2- Member McChesney and Vice-Chair Eastman (10) NEW BUSINESS a. Maderia Dunes - Proposal to City Magistrate See 16.d. (11) COMMITTEE COMMUNICATIONS a. MICA Beach Clean Up Update Member McCann stated many volunteers pick up trash, bottle cap lids, plastic, tires and rope. Other Collier County beaches have boxes for fishing lines, obtain box at South Beach. Chair Lamb stated too much trash debris on beach at hotels. Mr. Baer stated if hotel responsible, advantageous to invite hotels to meeting to discuss option strategies. Jamie Bowden, J.W. Marriott - happy to partner with committee to participate with strategy. Need more presence on beach. Chair Lamb - J.W. Marriott as leader, gather monthly at their hotel for meeting, committee will make own presentation. b. Trash On Beach See 11.a. Sponsorship of boardwalks, clean up most dirty parts on South Beach. Winterberry/Maderia by City. Obtained two sponsorships: Affordable Landscaping business sponsors for Madeira/South Beach. Sponsor for Winterberry: Republican National Hispanic Assembly to clean up walkways, bring own supplies, take away debris/trash. c. Red Tide Update Mr. Baer: Collier County Commissioner Control mostly in North Naples, City of Naples, reported 5 levels of red tide, high to medium, low, not present. South Beach in lowest category. Chair Lamb read letter from Audubon of Western Everglades thanking City for $4,500 received for their program. (12) ADJOURNMENT Meeting adjourned 10:35 .am. NOTE: TWO OR MORE CITY COUNCILORS OR OTHER COMMITTEE MEMBERS MAY BE PRESENT City of Marco Island Florida Page 4 Beach and Coastal Resources Meeting Minutes - Final October 16, 2019 Advisory Committee City of Marco Island Florida Page 5