Waterways Advisory Committee

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Thursday, February 16, 2017 9:00 AM Community Room Waterways Advisory Committee Chair: Phares Heindl Vice-Chair: Rodger Parcelles Ben Farnsworth, Monica Pierce, Robert Roth, Steve Sokol, Sam Young City Staff: Chadd Chustz, Mary Husted Waterways Advisory Committee Meeting Minutes - Final February 16, 2017 ROLLCALL Present: 5- Vice-Chair Rodger Parcelles, Chair Heindl, Steve Sokol, Monica Pierce and Robert Roth Excused: 1- Ben Farnsworth Absent: 0 WAC MEMBER INTRODUCTIONS The newly comprised Waterways Committee introduced themselves to each other and the community SELECTION OF CHAIR AND VICE-CHAIR MOTION by Rodger Parcelles to nominate Phares Heindle as Committee Chairman. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Vice-Chair Parcelles, Chair Heindl, Fleischer, Member Sokol, Member Pierce and Member Roth MOTION by Phares Heindl to nominate Rodger Parcelles as Committee Vice-Chairman. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Vice-Chair Parcelles, Chair Heindl, Fleischer, Member Sokol, Member Pierce and Member Roth WELCOME FROM CITY COUNCIL CHAIRMAN HONIG City Council Chairman Honig welcomed the new committee. He advised that this committee will be changing tremendously. This committee will be given two new tasks in addition to its current work. The first task will be water quality. The committee has been specifically charged with helping the City figure out how to look at water quality, what it means and what we do about it beginning with measurement all the way through process and action if any. Also added to the committee's remit is storm water management. He advised that the committee has to help the community understand what the issues are and what stormwater management means. Mr. Honig would love to see the committee come up with a plan and to come to City Council for direction if needed. Mr. Honig advised the members that they should consider themselves appointed equally by each Council member. He also advised that the committee is valued for its independence. He read to the committee from the Handbook for Boards and Committees Section 10-1001; "While Councilors may communicate with the committee, each councilor should avoid attempts to influence the recommendation and outcome of an issue under consideration by the committee." He also read from Section 2-211 "Members shall avoid using their positions to advance initiatives or garner public support for or against policies or programs." He also reminded the members that they can not ask staff directly to do work for them, they can request staff work through City Council. WELCOME FROM CITY CLERK LAURA LITZAN Ms. Litzan advised the committee to call her anytime with questions. Ms. Litzan reviewed the attendance policy as outlined in the Handbook for Boards and Committees (no more than 3 unexcused absences). She informed the committee that Chadd Chustz is the new Committee Liaison and as such the person the members should communicate through. City of Marco Island Florida Page 1 Waterways Advisory Committee Meeting Minutes - Final February 16, 2017 She also reviewed the Sunshine Law with the committee. Attachments: Committee Handbook.pdf Attachments: Florida's Open Government and Ethics Law.pdf INTRODUCTION OF NEW STAFF LIAISON - TIM PINTER/CHADD CHUSTZ Chadd Chustz, Environmental Specialist introduced himself to the committee. (2) APPROVAL OF AGENDA Chairman Heindl suggested deferring Item 1- Review of Seawall Owners Manual, Item 2 -Evaluation of the Committee Budget and Item 7- Review of Mission Statement for FY18. The ORI Progam should be a continuous item on the agenda including today. MOTION by Member Heindl, seconded by Member Fleischer, that this be approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Vice-Chair Parcelles, Chair Heindl, Fleischer, Member Sokol, Member Pierce and Member Roth Not Present: 1- Member Farnsworth (3) APPROVAL OF MINUTES Mr. Heindl advised that the document "160411 Odonnell TN statement email to CIMIU staff in ref to hindl.pdf" attached to the minutes under Item 7 was not discussed at the last meeting and should be removed from the minutes. Motion by Vice Chairman Parcelles to approve the meeting minutes from the January 19th meeting with the delection of the "160422 Odonnell TN statement email to CMIU staff in ref to hiendl.pdf" document. Seconded by Monica Pierce. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Vice-Chair Parcelles, Chair Heindl, Fleischer, Member Sokol, Member Pierce and Member Roth Attachments: Meeting Minutes 1/17/2017.pdf (4) STAFF COMMUNICATIONS Chadd Chustz, Environmental Specialist advised that in December complaints regarding a plastic sawdust plume in the canals was received. FDEP issued a memo advising that there is an issue with current dock construction practices and there are rules governing such pollution in the surface waters and that the best practices management should be followed. That memo has been sent to the Building Department to be issued to contractors to educate them on dock construction best management practices. He also pointed out the importance of erosion control best management practices for single family homes. This issue will be discussed further during the Stormwater Control Ordinance section of this meeting. (5) COMMITTEE COMMUNICATIONS City of Marco Island Florida Page 2 Waterways Advisory Committee Meeting Minutes - Final February 16, 2017 Mr. Parcelles requested that Mr. Chutsz provide a red tide report at each meeting. Mr. Chustz discussed the February 14th red tide report from Collier County. Attachments: 02.docx (6) OLD BUSINESS A. RHONDA WATKINS, PRINCIPAL ENVIRONMENTAL SPECIALIST FROM COLLIER COUNTY ENGINEERING AND NATURAL RESOURCES DIVISION WILL PRESENT AND DISCUSS THE MARCO ISLAND CANAL WATER MONITORING PROGRAM INCLUDING SAMPLING LOCATION, METHODOLOGY, PARAMETERS AND LAB ANALYSIS. Attachments: Collier County Marco WQ Presentation (1).pptx B. TIM HALL, PRINCIPAL WITH TURRELL, HALL & ASSOCIATES MARINE AND ENVIRONMENTAL CONSULTING WILL DISCUSS DATA ANALYSIS TO BE PERFORMED TO ADDRESS CONCERNS, TRENDS AND OTHER NOTABLE ISSUES WHICH WILL BE PRESENTED AS A FORMAL REPORT TO THE CITY OF MARCO ISLAND WAC IN MARCH. Mr. Hall advised that his company has been tasked to do an analysis of the water quality that has been collected in the last two years and compare that to the new nutrient standards so that the committee would have an easier to understand format. This will be presented at the March meeting. 1 REVIEW OF "SEAWALL OWNER'S MANUAL" This item was deferred. Attachments: Seawall Owners Manual 4-14-14.pdf 2 EVALUATION OF THE COMMITTEE BUDGET FOR FY18-MR. HEINDL This item was deferred. 3 MOORE DOCKS, SEAWALLS & LIFTS PRESENTATION - MR. MOORE Mr. Moore informed the committee of the new type of seawall they are constructing on the island. The True Line system does not require the use of empty lots during construction. He presented a video of the Truline Seawall system. Scott Rainey, Engineer from Truline discussed the 75 year life expectancy of the seawall. There was discussion regarding having this type of seawall being included in the Seawall Manual. Mr. Fleisher questioned if a special permit was issued to Moore Docks to construct these seawalls. Ms. Litzan advised that due to Mr. Pinter's absence the answer to the question regarding the applicability of our code to this product will be given at the next meeting. (7) NEW BUSINESS REVIEW OF MISSION STATEMENT This item was deferred. Attachments: WAC MISSION STATEMENT APPROVED 3-20-14(2).doc City of Marco Island Florida Page 3 Waterways Advisory Committee Meeting Minutes - Final February 16, 2017 REVIEW OF DRAFT "CITY OF MARCO ISLAND STORMWATER CONTROL ORDINANCE." Mr. Chustz introduced the Storm Water Ordinance to be in compliance for the Phase II Municipal Separate Stormwater Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) permit. The Ordinance will be presented to the Council for first reading on March 6th. Laura advised the action for the committee today is to recommend this ordinance to City Council for adoption. The deadline to have an ordinance in place is at the end of March. A lengthy discussion followed. Mr. Roth questioned why we don't control the storm water runoff from the roofs of single family homes. Mr. Fleischer does not understand why this committee has been tasked with storm water management. He feels the committee cannot control the rain and the runoff. Mr. Heindl does not feel the wording on this ordinance is good. Ms. Litzan advised the committee that perhaps they should take no action at this meeting. City Council will understand and be told that the committee was not able to come to a recommendation. They will take under advisement that the committee has a number of questions regarding the ordinance that were unable to be answered at this time. If the committee does not choose to give their recommendation, the Council can act without it, although that is not the preferred course of action. PUBLIC COMMENT Bill Trotter, 720 N. Collier Blvd.- He feels that this ordinance is not comprehensive. He thought it was mainly aimed at new residential and commercial construction and not the real overall problem of runoff from neighborhoods into our water or the water quality standards associated with them. He stated that we need an overall ordinance that focuses on the overall problem such as overhauling the swales and water quality measurements and standards. We need higher more rigorous standards. This is an opportunity for the WAC to take the ball on this and work on this. Sam Young, 191 Lamplighter Drive, Marco Sport Fishing Club, stated that he was advised by Councilman Rios that the City has until April 18th to submit an ordinance back to the State to mitigate their further investigation or scrutiny of our waterways. Mr. Chustz advised that the City does have annual goals with the MS4 Permitting and he believes that the deadline is in March. Mr. Chustz will make that information available to Mr. Young. Mr. Chustz advised that the City has been working with a consultant for some time, he does not want to give the impression that this is a document they just came up with. The consultant, the Public Works Director and the attorneys have been working on it. Mr. Young handed out a document to the committee members regarding the Marco Sportfishing Club Goals and information regarding inlet filters that was presented to Council. He feels the ordinance should be deferred to another meeting. Bob Olsen, 900 Montego, hats off to our community for engaging in a storm water maintenance ordinance. He suggests that the City Attorney write a letter to the FDEP and advise that this is going through the process and once it is complete we will be able to submit it to them. This it is way to important to just kick it forward. City of Marco Island Florida Page 4 Waterways Advisory Committee Meeting Minutes - Final February 16, 2017 Jim Timmerman, Perrine Court- welcomed all the new members. He finds it interesting that out of the blue this ordinance came in. He recommends against a knee jerk reaction. He understands the deadline but there is a lot of cut and paste to meet the bare minimum requirements to comply to the MS4. If the ultimate goal is to improve the water quality we should take time and effort to complete the ordinance and not comply with the bare minimum. David Rasmussen, Caxambas Court. He is concerned that this is a haphazard approach. He mentioned the previous Fertilizer Ordinance that was passed. It is one of the contributing factors to our waterway quality. Everything in his front yard runs into the swale and goes in to the canals. Mr. Heindl asked Mr. Pinter for the procedural background on this. Mr. Pinter arrived at the meeting at 11:07 AM , he advised that this document came about because of the requirements of the Florida Department of Environmental Progection which requires a MS4 permit to discharge water into the system. The ordinance closes a loophole on the island. If commercial development comes into the City they must do a drainage site plan. They must get an environmental permit from Southwest Florida Water Management. This ordinance covers the loophole for residential properties that have not had to do any storm water analysis. This ordinance is almost a duplicate of the City of Naples permit. Mr. Pinter advised Mr. Heindl that the committee can forward to him changes/corrections to the ordinance to him and he will review it with the attorney. MOTION by Vice-Chair Parcelles, to pass the ordinance on to the Planning Board with no substantive reccommendations other than the title of the ordinance accurately reflect its contents. Seconded by Member Fleischer. MOTION WITHDRAWN. MOTION by Vice-Chair Parcelles, to pass the ordinance on to the Planning Board with no substantive reccommendations other than the title of the ordinance accurately reflect its contents and that the Planning Board discuss enforceablity. Seconded by Member Fleischer. MOTION WITHDRAWN. MOTION by Chairman Heindl, to pass the ordinance on to the Planning Board changing the title of the ordinance to accurately reflect its contents. The committee has heard from the community and reviewed the ordinance and believes it should be enacted. The committee feels there should be changes but due to the urgency of the process feels that it cannot procedurally, properly, orderly and in detail make those proper changes. Seconded by Member Sokol. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Vice-Chair Parcelles, Chair Heindl, Fleischer, Member Sokol, Member Pierce and Member Roth Attachments: Stormwater.Ord 2-10-17.docx (8) PUBLIC COMMENT Mr. Timmerman updated the committee on the Ocean Habitats program. He also mentioned the importance of the repair and replacement of the ATONS and PATONS City of Marco Island Florida Page 5 Waterways Advisory Committee Meeting Minutes - Final February 16, 2017 Debbie Roddy, Coastal Advisory Committee updated the committee on six markers. The County has received approval to replace these markers from the Coast Guard. Numbers 4,16 and 17 in the Big Marco River. # 1 in Caxambas Pass will be fixed. Markers 5 and 7 will also be replaced. Bill Young, reccommended that the committee receive documents on a timely basis in order to properly review. There were 12 members of the public in attendance. (9) ADJOURN NOTE: TWO OR MORE CITY COUNCILORS OR OTHER COMMITTEE MEMBERS MAY BE PRESENT City of Marco Island Florida Page 6