Waterways Advisory Committee

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Thursday, July 20, 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, Lisa Smith Waterways Advisory Committee Meeting Minutes - Final July 20, 2017 Chair Heindl called the meeting to order at 9:00 A.M. (1) ROLL CALL Present: 7- Ben Farnsworth, Vice-Chair Rodger Parcelles, Chair Heindl, Steve Sokol, Monica Pierce, Robert Roth and Sam Young (2) PLEDGE OF ALLEGIANCE - Led by Chair Heindl (3) APPROVAL OF AGENDA MOTION by Member Farnsworth, seconded by Member Young, to approve the agenda. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Member Farnsworth, Vice-Chair Parcelles, Chair Heindl, Member Sokol, Member Pierce, Member Roth and Member Young (4) APPROVAL OF MINUTES ID 17-1789 June 15, 2017 Meeting Minutes MOTION by Member Farnsworth, seconded by Vice-Chair Parcellas, to approve the June 15, 2017 Waterways Advisory Committee meeting minutes. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Member Farnsworth, Vice-Chair Parcelles, Chair Heindl, Member Sokol, Member Pierce, Member Roth and Member Young ID 17-1790 June 8, 2017 Workshop Minutes MOTION by Vice-Chair Parcelles, seconded by Member Farnsworth, to approve the June 8, 2017 Waterways Advisory Committee workshop minutes. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Member Farnsworth, Vice-Chair Parcelles, Chair Heindl, Member Sokol, Member Pierce, Member Roth and Member Young (5) STAFF COMMUNICATIONS ID 17-1791 Waterways Environmental Report Marco Island Environmentalist Chadd Chustz gave a powerpoint presentation on the following: Pesticide Regulations *It is against the law not to follow the label directions on pesticides *Florida Department of Agriculture and Consumer Service (FDACS) regulates the industry *How to report pesticide misuse in Florida: https://edis.ifas.ufl.edu/pdffiles/PI/PI2400.pdf *Complaints should be filed as soon as possible following an alleged with the following information: --name and contact information of the complainant/victim --name and address of the party involved in the complaint (farm, company, neighbor, or other individual) --date and time of the incident --description of the incident including the name and or the EPA registration number of the pesticide used City of Marco Island Florida Page 1 Waterways Advisory Committee Meeting Minutes - Final July 20, 2017 To File A Complaint - Contact - FDACS Bureau of Inspection and Incident Response 3125 Conner Boulevard, Suite N Tallahassee, Florida 32399-1650 1-850-617-7996 Mr. Roger Jacobson, Harbor Master, Code Enforcement Manager and Environmental Officer for the City of Naples advised the Committee Members that Naples tried to include pesticides in their fertilizer ordinance and was denied by the State of Florida. Pesticides can not be ruled by municipalities. Chair Heindl asked Mr. Jacobson to come back at a future meeting to discuss how Naples handles pesticides and he agreed. Marco Island Environmentalist Chadd Chustz continued with his presentation: *Water Quality *Numeric nutrient criteria for Marco Island's Estuary Nutrient Region (ENR3) --total nitrogen - criterion: 0.30 mg/L - criterion expression: AGM - annual geometric mean --chlorophyll-A - criterion: 4.9 ug/L - criterion expression: AGM - annual geometric mean --total phosphorus - criterion 0.046 mg/L - criterion expression; AGM - annual geometric mean --enterococci - criterion - MPN count: 35 cfu/100 ml --Not to exceed 10% threshold value (TPTV) of 130 in 10% or more of the samples during any 30-day period * Total Nitrogen Results for May 2017 Sampling Event *Chlorophyll A Results for May 2017 Sampling Event *Enterococci Results for May 2017 Sampling Event *Department of Health Water Quality Monitoring - Healthy Beaches Interim City Manager Guillermo Polanco advised the Waterways Advisory Committee Members that the process they need to follow to bring forth their recommendations to City Council is to come to Council on a regular basis and report any recommendations that the Committee has. The Chair can contact the City Clerk and she will put you on the agenda. In terms of budget items, those were presented to Council at the budget workshops and they are still under consideration. Public Comment: Mr. John Moore 679 Thrust Court, commented from his experience, the two (2) limiting factors for algae blooms are phosphorus and nitrogen and explained the testing process for those elements. MOTION by Member Farnsworth, seconded by Member Pierce, to recommend Chair Heindl present to Council an explanation in the spikes and that it may be coming from from surrounding area and the importance of outflow testing. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Member Farnsworth, Vice-Chair Parcelles, Chair Heindl, Member Sokol, Member Pierce, Member Roth and Member Young City of Marco Island Florida Page 2 Waterways Advisory Committee Meeting Minutes - Final July 20, 2017 (6) PRESENTATION- FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CLEAN MARINA PROGRAM ID 17-1801 Clean Marina Program 2017 PDF Mr. Richard Miller, Clean Marina Coordinator with the South District Florida Department of Environmental Protection (FDEP) gave a powerpoint presentation on the Sustainable Initiatives Program and answered the Committee Member's questions and concerns. Florida Clean Marina Program *what is a clean marina *clean marina benefits *clean marina designations *clean marina application and pledge *program resources *environmental Management *environmental Quality & Services *designation and recognition *clean marina and clean boater incentives *educational materials and publications *clean boating partnerships *contact information Following the presentation, Chair Heindl thanked the representatives from the marinas for attending and asked them to speak. Mr. Dan High, General Manager at Rose Marina 951 Bald Eagle Drive, commented they are not currently designated as a clean marina however they are doing most of the things on the checklist and are progressing forward. His concerns are the expenses associated and questioned if there are any free of charge signs. Captain Roger Jacobson, Harbor Master with the City of Naples, remarked they have been designated a clean marina for the past ten (10) plus years. He believes training for the employees is most important and concurred there is an initial expense but it will become part of the budget going forward. Mr. Bob Stoico, Director with the Esplanade Marina 760 North Collier Boulevard, advised they just applied to be a clean marina and they are moving forward in the application. He suggested the Marco Island Police Department patrol the harbors for vessels that may involved in illegal discharges. Mr. Austin McDonald, Dockmaster for Tarpon Club Marina Isle of Capri, 240 Capri Boulevard Naples, FL 34113 Isle of Capri, announced they have been in the clean marina program since 2013 and are currently training their employees to educate their customers. Mr. Alan Ritchie, Chair of Pelican Isle Yacht Club (private club) in North Naples and also President of the Estuary Conservation Association (ECA) which focuses on clean water and safe navigation said the yacht club is a clean marina and the ECA is working with the County to get the County owned marinas certified as clean marinas. Following comments from the marina representatives, Mr. Terry Cerullo, Clean Marina Coordinator with the South District FDEP answered the Committee Members questions and concerns. Mr. Mitch Slitt with the United States Coast Guard Flotilla 9-5 Marine Safety and Environmental Officer, advised some municipalities conduct dye test while conducting a safety inspection aboard the vessels. City of Marco Island Florida Page 3 Waterways Advisory Committee Meeting Minutes - Final July 20, 2017 Committee Member Farnsworth recommended Chair Heindl present to City Council, the Waterways Committee's suggestions that the Police Department perform safety inspections on vessels docked in the harbors and patrol for lawn debris being blown into the canals. Public Comment: None (7) PUBLIC COMMENT Ms. AK Battaglia, 39 North Collier Boulevard, presented a powerpoint slideshow on Aids to navigation (AtoNs). She expressed her concerns regarding missing atons and also no lighted atons coming into Caxambas and questioned if Cape Marco would install a light on the jetty. Vice-Chair Parcellas and Committee Member Farnsworth will follow up and forward to Public Works Director Tim Pinter. Mr. Bob Olson, 900 Montego Court, thanked the committee for their time and encouraged the Committee to make motions and forward to City Council. He made the following suggestions to the Committee; hire a consultant to produce a stormwater utility, hire an engineer to look at our community for where to place retention ponds, formal request to City Council to supply the Federal Emergency Management Agency (FEMA) map and topical maps to the Committee, water testing, procedure for dye testing for vessels anchored in the waterways, and pass the stormwater ordinance after researching surrounding areas. (THE MEETING WENT INTO RECESS AT 10:52 A.M. IT IS NOTED FOR THE RECORD, THE SAME COMMITTEE MEMBERS WERE PRESENT WHEN THE MEETING RECONVENED AT 11:05 A.M.) (8) OLD BUSINESS A. STORMWATER UTILITY RECOMMENDATIONS TO COUNCIL ID 17-1798 Stormwater Utility Links Committee Members engaged in discussion regarding stormwater utility recommendations. It was determined that Committee Member Roth will begin the research, Member Farnsworth will present a short presentation and Environmental Specialist Chadd Chustz will reach out to surrounding communities and they all will forward their findings at the next meeting. B. STORMWATER ORDINANCE STATUS Chair Heindl provided an update to the Committee Members on the status of the Stormwater Ordinance. The Stormwater Ordinance failed at the Planning Board level (vote 3-3 with 1 Member absent). He believes the Planning Board does not understand the MS4 and he will make a presentation to the Planning Board at their next meeting on August 7, 2017, at Planning Board Chair Brechnitz's request. MOTION by Member Young, seconded by Member Pierce, to recommend to City Council to change the name from "Stormwater Ordinance" to "MS4 Ordinance". MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Member Farnsworth, Vice-Chair Parcelles, Chair Heindl, Member Sokol, Member Pierce, Member Roth and Member Young After the vote, Member Roth suggested the City Attorney review their recommendation to rename the Stormwater Ordinance to MS4 Ordinance. Further discussion was engaged on renaming the title of the ordinance. City of Marco Island Florida Page 4 Waterways Advisory Committee Meeting Minutes - Final July 20, 2017 MOTION by Member Young, no second, to rescind their previous recommendation of renaming the "Stormwater Ordinance" to "MS4 Ordinance" and recommend to City Council renaming the "Stormwater Ordinance" to "Illicit Discharge Ordinance". NO VOTE TAKEN ON THIS MOTION (9) NEW BUSINESS ID 17-1792 Right-of- Way Construction Handbook This item was deferred. (10) COMMITTEE COMMUNICATIONS Committee Member Young advised the Members Mr. Bill Walsh will give a presentation at the August 17, 2017 Waterways Advisory Committee meeting. Committee Member Young commented on the Fertilizer Ordinance which currently resides with the Beautification Advisory Committee and believes that ordinance should transfer to the Waterways Advisory Committee. Chair Heindl suggested Member Young attend the next Beautification Advisory Committee meeting on October 4, 2017 and express Waterways Advisory Committee's concerns regarding the Fertilizer Ordinance. Environmental Specialist Chadd Chustz noted if anyone sees grass clippings being blown into the canals and or stormwater drains, to call Marco Island Code Enforcement Department at 239-389-5060 to report the violation. Chair Heindl expressed his concerns with the nautical garages not being vetted before the Waterways Advisory Committee. MOTION by Member Young, seconded by Member Pierce, to place on the August 17, 2017 agenda, a presentation from Mr. Bill Walsh. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Member Farnsworth, Vice-Chair Parcelles, Chair Heindl, Member Sokol, Member Pierce, Member Roth and Member Young A. STATUS OF SWALES AND POTENTIAL RESTORATION This item was deferred. (11) ADJOURN There being no further business, the meeting adjourned at 12:10 P.M. ____________________________________ Phares Heindl, Waterways Advisory Committee Chair ATTEST: PREPARED BY: ______________________________ Lisa Smith, Recording Specialist City of Marco Island Florida Page 5