MINUTES HARBOR AND WATERWAYS BOARD MEETING DESTIN CITY HALL 5: 00 P.M. APRIL 22, 2013

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1 MINUTES HARBOR AND WATERWAYS BOARD MEETING DESTIN CITY HALL 5: 00 P.M. APRIL, CALL TO ORDER: Chairman Flake called the Destin Harbor and Waterways Board meeting to order at approximately 5: 00 p.m. on Monday, April, 013 at Destin City Hall.. ROLL CALL: Member Present: Absent Staff: Bill Flake Rick Ricketts David Bazylak, Environmental Manager George Eller Susanne Simmons Kim Montgomery, Deputy City Clerk Fredrick Rall Matt Trammell Samuel Taylor 3. APPROVAL OF MINUTES: February 5, 013 On a motion by Board member Eller, seconded by Board member Rall the members voted unanimously to approve the minutes of the February 5, 013 meeting as amended. 4. NEW BUSINESS: APPLICANTS 1. 4 Norriego Drive John Valliantos Construct a 5' marginal dock along canal. The Environmental Manager explained that the applicant received a permit to repair the upland slip and seawall along with a permit to install a marginal dock on the outside but didn' t realize that they needed to get approval first and started the work before coming to this Board and City Council for approval. So, staff issued a stop work on the marginal dock portion. Outlining the specifics of the property, the Environmental Manager explained that the applicant has a 130- foot long lot and when they repaired the seawall, they went out 18- inches from the existing seawall which is also where the applicant wants to install the marginal dock; and on the south side of the property, after the seawall repair, they are at 135- feet. Per City Code, 6- feet is the maximum that one can go out into the canal right of way and Holiday Isle Covenants is 6- feet from the property line. Therefore, the applicant has agreed to remove the portion on the south side of the property from the application request. Shirley Freienmuth approached the podium and explained that she is representing her son; who is one of the adjacent property owners at Norriego Road and is in the Air Force currently serving overseas in Europe at the time. She explained to the members that her son objects to the installation of the dock because it is out of align of the existing docks and protrudes approximately 11- feet beyond the property line into the canal. She added that taking into account the 6- foot allowance, the dock protrudes 5- feet too far into the canal and with that area of the canal being one of the narrowest areas; this could

2 result in navigational hazard to others and especially themselves since the dock protrudes too close to their boat slip. She also stated that according to the drawings submitted and what is being built are not the same as the permit application and her son is requesting the following conditions be considered: That the existing dock at 4 Norriego Drive be brought into compliance with the existing City Code Dock placement on the canal should be brought into compliance with the Holiday Isle Covenants and should be done after appropriate engineering drawings with the locations, dimensions, and surveys are submitted and approved for permits and prior to any further approval for permits by the City of Destin for that address The property owner shall sign and file proper owner affidavits with the City of Destin regarding any all construction activities at this address Any contractor performing marine dock or related work at the address shall provide a valid Florida Contractors License prior to commencing any permitted work at this address Proper Administrative Reprimand from the City of Destin Building Division regarding the commencement of work without proper permits at this address Mr. Darryl Shelton of 18 Norriego Road( three lots to the south of the property in question) stated that according to a survey that they had drawn up it clearly shows that on the south side of the property the dock is 9' 8" past the property line. Mr. Frank Davis, the contractor for the project presented to the Board that he built 6- feet off from the existing seawall and no more. He explained that he built it in accordance to what he was told he could by both the DEP and the Environmental Manager. He added that he also had Guy Tadlock out to the location several times to make sure that he was building it correctly. He added that the property owner had already agreed to remove that section on the south side and that all of this disagreement came up all of a sudden; even after all of the officials have agreed to what he built. He also added that they measured and went off exactly from the neighbor' s dock at Norriego. The Environmental Manager clarified for everyone present that they cannot go out any further than 136- feet and asked if everyone agreed with that, which they all did. He then explained that with the removal of the dock on the south side, that section would now be in compliance. He then explained that the only item left would be for the contractor to pull a line and ensure that he is not out any further than the 136- feet on the north side of the property. Mr. Davis stated that he and Mr. Tadlock have already checked that out and it is correct on that side within a few inches. Mr. Tadlock agreed that statement is correct for marine work. x Boardmember Eller asked the Environmental Manager is that what he is advising. The Environmental Manger stated that is however, he stipulated that he does not agree that everything should be pulled out and reinstalled as mentioned earlier. Karen Shelton, 18 Norriego stated that when this application was first brought before the Holiday Isle Architectural Review Board for approval, which she is a member of; said it was a board for board approval with no survey which is what they approved. Then come to find out that the project is requiring a permit and a survey from the City for the deck over the seawall. And that was when they found out that the project is over the 130- foot lot line requirement and is not what they approved. Board member Taylor asked the Environmental Manager that as it sits now, is it not in compliance. The Environmental Manger confirmed that is correct and added that the south side will be removed and that the applicant still has to confirm that the north side is in compliance as well by

3 measurement. He stipulated that neither he nor this board enforces the Holiday Isle Covenants, just the City Code and recommends that it' s approved once it' s proven that it meets City Code. He reiterated to the Board that he does not feel it' s necessary for the applicant to remove everything and start over. The construction without a building permit is being addressed internally and is why the Stop Work was issued and the appropriate fines are being assessed to the property owner through the Building Official. Board member Eller agreed that would be ridiculous to tear everything out. Board member Eller asked Mr. Frank Davis if he' d agreed to all of that. Mr. Davis stipulated that he did agree. Board member Rall asked if all of this conversation is on record, which the Clerk confirmed that it is. Mr. Guy Tadlock, President of the Holiday Isle Homeowner' s Association stated that he is fine with Mr. Davis' agreement to remove everything outside of the 136- foot area. He then stated that he wanted everyone to understand that the Holiday Isle Homeowners own the canals and are responsible for the maintenance of them, which is a very expensive undertaking. He added that they are also permitted by the FDEP who defines the depth and the width. He spoke of how unfortunate it was that this project had such misunderstanding but it sounds like everything has come to an equitable solution and the homeowner is willing to make it right. John Pipes, 614 Magnolia Drive spoke of the project being a wedge shape and how the engineering tolerance should be recorded and if within a 136 plus or minus a few feet; that number needs to be decided such as, a foot and a half. The Environmental Manager pointed out there is not a plus or minus in the Code but everyone involved will need to come to an agreeable decision. Chris Forte of 531 contractors should try to aim for that and not beyond it. Vera Cruz pointed out that the 136- feet should mean not to exceed and Boardmember Taylor stated that what he understands is that they are willing to bring everything within the 136- feet and is the only concern that this Board can address. The Environmental Manger confirmed that and spoke of how this is the first time in all of the years that he has worked with the City that he has had this kind of issue has come up however, he guaranteed from this point forward that he will start requiring a more stringent survey. Boardmember Taylor stipulated that the following conditions should be placed on this project: Provide something stringent such as drawings showing what they are going to replace it with and a survey other than what was provided by the adjacent property owner and either; a) They say what they are going to do or; b) They draw out what they say they are going to do Boardmember Taylor made the motion to approve the application with his suggested conditions. Mr. Frank Davis stated that in his opinion, there needs to be some understanding or agreement by the HOA or this problem is going to start happening more often pointing out that a lot of the older seawalls are going to start failing and have to be repaired and they are going to have to come off the old ones in order to make the repairs. The Environmental Manager stated that it' s standard procedure to go off 18" from the existing walls because they do more damage by pulling the old walls out.

4 Boardmember Eller stated that as long as the entire project is brought into compliance to the Environmental Manager satisfaction, then he has no problem with it. In asking for clarification; Boardmember Taylor stated that they would be submitting new drawings to make sure that they are where they said they were going to be feet. The Environmental Manager stipulated that the intent is to make sure that the dock is within the Boardmember Eller made the motion to approve the applicant' s request pending the satisfaction that the project is brought into compliance and once that' s achieved then issue the permit. The Environmental Manager pointed out that right now, they cannot do any further work on the project. He reiterated to the members that they are a recommendation board to City Council. Once it gets approval from City Council then they can pull the permit to bring it into compliance. He did stated that they can go ahead, without a permit, and remove the portion of the dock on the south side as soon as possible but no other work is allowed. He also mentioned that if it' s not brought into compliance then they will have to suffer Code Enforcement action. Board member Trammell made an amended motion to recommend approval of the applicant' s request with the condition that the noncompliance dock is removed and the contractor or owner supply the City with the revised drawings with sufficient detail to ensure that the project meets the City' s Code and the Environmental Manger approves them. Boardmember Taylor provided the second to the motion which passed unanimously Norriego Drive Timothy Taylor Construct a 100' seawall along canal. The Environmental Manger explained this is a simple request, the applicant has received his FDEP & ACOE permits and staff recommends approval of the project. He added that he has not received any objections from the adjacent property owners. by Timothy Taylor to construct a 100- foot seawall along the canal located at 516 Norriego Drive. Chairman Flake provided the second to the motion and the motion passed unanimously Peacock Point Drive Kevin Veach Construct a 9' dock with a14' x 8' covered slip with lift. The Environmental Manger explained that on these next three requests they may see some different names on the self certification permits which are transferrable from his discussion that he had with the FDEP which is not an issue. He added that they are all in the same subdivision and all of the docks are going to be exactly alike. There is no hazard to navigation, both FDEP & ACOE permits have been received and staff recommends approval for the request. The Environmental Manager further explained that he has spoken to the each property owner and although the intent is for these to go in at the center of each lot, however if for any reason they decide to move them to the side of the lots where they may be encroaching into the adjacent property lines they

5 t would have to come back to this board to get a recommendation for approval but according to what each owner has maintained, that is not their intention at this time. The Environmental Manager added that there is some sea grasses located in the area. Boardmember Trammell spoke of a program that the FDEP has where if they are contacted they will go out to the location and pull out the sea grasses that would be impacted and relocate them. And if he would let the applicants know that can be done before the project commences. The Environmental Manger stated that he would do that. by Kevin Veach to construct a 9- foot dock with a 14' x 8' covered slip with lift located at 98 Peacock Point Drive. Boardmember Trammell provided the second to the motion and the motion passed unanimously Peacock Point Drive Mike Shoults Construct a 9' dock with a 14' x 8' covered slip with lift. by Mike Shoults to construct a 9- foot dock with a 14' x 8' covered slip with lift located at 913 Peacock Point Drive. Boardmember Rall provided the second to the motion and the motion passed unanimously Peacock Point Drive Neal Boutin Construct a 9' dock with a 14' x8' covered slip with lift. by Neal Boutin to construct a 9- foot dock with a 14' x 8' covered slip with lift located at 95 Peacock Point Drive. Boardmember Rall provided the second to the motion and the motion passed unanimously. 5. OLD BUSINESS: None. 6. ADJOURNMENT: With there being no further s. l the eet' l g adjou ed at 6: 10 p.m. Adopted and approved this day 7/ // BiIl Flake, Chair of / grall' 1. A Kf ontgome De. uty ' 1 Jerk