: David McBride, Chairman Fredric Cort, John Dauster, Thomas McAlear, Paul Raffa, Charles Thomas, James Thompson : Cathy Miller, Canal Maintenance Supervisor Rick Keeney, Public Works Director Bob Nikula, Project Manager Gary Disher, Public Works Analyst James Riley, Mike Parr, Al Benkner, Mike Fortier, Peter Aratari, Richard Dussault, Ron Elkins, Alan Cook A. Roll Call B. Next Scheduled Meeting 1. February 21, 2017 2. Presentation Award - Mr. McBride presented Mr. McAlear with a plaque in appreciation of his service to the City, noting he had served the allowed number of terms. - Mr. McAlear stated he had enjoyed his time on the Committee. A. Meeting of December 19, 2016 - Mr. Dauster MOVED, Mr. Raffa SECONDED approval of the December 19, 2016 minutes. MOTION - Mr. James Riley requested clarification of the Committee s responsibility, recalling at the November 2016 meeting, a member indicated the Committee was charged with allowing everyone to have access to the waterfront in Punta Gorda Isles (PGI); however, at the December 2016 meeting, a member indicated same was more of a philosophy. - Mr. McBride explained each property owner legally had the use of their waterfront within their property limitation lines. - Mr. Riley clarified same must adhere to City Code. He opined the Committee had a philosophy to raise PGI to the ranks of Cape Coral s canals and waterways. - Mr. McBride countered the Committee s duties were totally unrelated to Cape Coral s waterways. He asked Mr. Riley if he wished to comment on any of the agenda items.
- Mr. Riley stated he wished to comment on CCSP-18-16. - Mr. McBride reiterated this Citizens Comments section was intended for comments relative to everything other than the Public Hearings as sworn testimony must be provided during that portion of the meeting. - Mr. Riley explained he wished to comment on the Committee s commitment to granting Special Permits. - Mr. McBride advised Special Permits were allowed by City ordinance, as delineated in Chapter 6 of the City Code. - Mr. Thomas suggested more general comments relative to Special Permits would more appropriately be heard at the end of the meeting. A. Patrol Update - December 2016 - Mr. McAlear stated details of the Volunteers in Policing (VIPs) activities in December 2016 were provided in the agenda material, pointing out the VIPs performed 55 hours during the recent fish kill clean-up. - Mr. Dauster asked if the Committee would continue to receive patrol updates once Mr. McAlear left the Committee. - Mr. McAlear replied affirmatively. B. Finance Reports - December 2016 - Ms. Cathy Miller, Canal Maintenance Supervisor, drew members' attention to the December 2016 Finance Reports, as delineated in the agenda material, offering to answer questions - Mr. Thompson requested clarification of Collection Commission, noting expenses were higher than budgeted amounts. - Ms. Miller explained Charlotte County charged a fee for their collection of taxes from City taxpayers. - Mr. Rick Keeney, Public Works Director, added the Finance Department had advised actual expenses were typically lower than that shown in the Finance Report. C. Budget Utilization Report - December 2016 - Ms. Miller drew members' attention to the December 2016 Budget Utilization Report, as delineated in the agenda material, reporting 720 lineal feet of seawall had been replaced, and seawall cap repairs would soon commence. D. Seawall Replacement Status Report - December 2016 - Ms. Miller drew members' attention to the Seawall Statements of Work billed through December 30, 2016, as delineated in the agenda material, confirming there were no questions regarding same. - 2 -
E. Permits Authorized by City Staff - December 2016 - Ms. Miller announced 29 permits had been issued in December 2016, noting the details of same were provided in the Committee's agenda material. - Mr. McBride commented the number of permits issued had increased. - Recording Secretary Kelly swore in all participants. A. CCSP-18-16 - Petition for Special Permit under the provisions of Section 6-6(j) of the Punta Gorda Code to install a portion of a boat lift, 3 boat lift pilings and a portion of an attached 2 foot wide aluminum walkway outside the 45 degree angle, which is prohibited by Section 6-6(c)4, Punta Gorda Code, at Lot 13, Block 144, Section 12 (a/k/a 5000 Captiva Court, Punta Gorda, Florida 33950) (continued). Owner/Petitioner: David S. Webster Charlotte County Parcel ID: 412223428001 - Mr. Bob Nikula, Project Manager, displayed an aerial view of the subject property and proposed construction drawings, as delineated in the agenda material, stating the applicant, Mr. David Webster, was seeking approval to install an irregularly shaped dock extending eight feet waterward from the seawall and a four post Alpha boat lift with an attached fourteen foot long aluminum walkway. He noted the most waterward boat lift piling would be installed 24 feet from the seawall, adding the waterway, Captiva Canal, was 100 feet wide at this end-of-canal location. He explained the petitioner's requests were heard on November 21, 2016, and December 19, 2016, but were continued to allow the applicant an opportunity to meet with surrounding property owners, confirming same had taken place. He noted following those discussions, the design had reverted back to a slight variation of the original submittal. He summarized the request under consideration this date was for three lift pilings, a portion of the boat lift and a portion of the attached aluminum walkway extending outside the forty-five degree angle from the property's seawall at the side property lines. He concluded staff recommended approval of the request, offering to answer questions. - Mr. Mike Parr, applicant s contractor, stated the currently proposed configuration was the same as that initially presented, albeit with a two foot shorter walkway. He reported all neighbors expressed agreement with the proposal. - Mr. Al Benkner asserted the drawing currently being displayed was not the one to which he had agreed, recalling the dimensions had been slightly different. He stated he had researched many waterways and lots in PGI which had the same conditions, maintaining there was both a view and maneuverability problem at the subject - 3 -
location. He opined Lot 1 would eventually require a Special Permit due to existing davits on Lot 2. - Mr. McBride clarified Mr. Benkner resided on Lot 14. - Mr. Benkner stated the drawing presented by Mr. Parr at the on-site meeting was very similar to that being displayed, adding he understood the applicant was acceptable to either. - Mr. Nikula displayed the drawing provided by Mr. Parr. - Mr. Dauster commented it appeared the configuration was moved two feet to the right and one foot inward, stating the lift dimensions were the same. - Discussion ensued with regard to the dimensions of each configuration, specifically with regard to locations of the lift, dock and pilings. - Mr. Cort observed the walkway had been shortened. - Mr. Mike Fortier stated he resided two properties away from the subject property, expressing concern with regard to maneuverability. He noted he had been advised this particular lift could not accommodate a boat longer than 27 feet, adding he had been assured same would not extend into the navigable waterway. He asked the Committee to ensure the applicant s boat would be no longer than 27 feet. - Mr. McBride responded the ordinance prohibited anything from extending further than 30 feet from the seawall into the navigable waterway but did not specifically address boat length. He clarified the Committee had no authority over boat size. - Mr. Fortier questioned his recourse if the applicant s boat extended further than that allowed by ordinance. - Mr. McBride replied the Code Compliance Division would address such a situation. - Discussion ensued with regard to boat length and lift size. - Mr. Riley disclosed he met on site with Messrs. Benkner and Parr, stating he was more in favor of the configuration which included a 14 foot walkway; however, he clarified he was not in favor of Special Permits, which he felt were abused. - Mr. McBride called three times for anyone to speak on CCSP-18-16. - Mr. Dauster MOVED, Mr. McAlear SECONDED to close the public hearing. MOTION - Mr. Cort requested clarification as to which configuration the Committee was being asked to approve. - Mr. Nikula displayed a 20 scale drawing prepared utilizing the City s Auto Cad system. - Discussion ensued with regard to discrepancies between the various configurations presented to date. - 4 -
- Mr. Dauster MOVED, Mr. McAlear SECONDED approval of CCSP-18-16 as presented this date. MOTION B. CCSP-20-16 - Petition for Special Permit pursuant to Section 6-6(j), Punta Gorda Code, to install a portion of a boat lift and 3 boat lift pilings outside the 45 degree angle per Subsection 6-6(c)4, Punta Gorda Code, at Lot 6, Block 36, Punta Gorda Isles Section 5 (a/k/a 399 Bal Harbor Boulevard, Punta Gorda, Florida 33950) (continued). Owner/Petitioner: Ralph Sisson Charlotte County Parcel ID: 412211434004 - Mr. Nikula displayed an aerial view of the subject property and proposed construction drawings, as delineated in the agenda material, stating the applicant was seeking approval to install a free standing, irregularly shaped dock, a four-post boat lift and an attached aluminum walkway. He mentioned an existing elevert boat lift would be removed if the application was approved. He noted the petitioner's request was heard on December 19, 2016, and was continued as the Committee requested revisions to the boat lift plan. He explained under the revised drawing, three pilings, a portion of the boat lift and a portion of the twenty-seven inch wide by thirteen foot long aluminum walkway would extend outside the forty-five degree angle from the property's seawall at the side property lines, as delineated on the drawings provided in the agenda material with a revision date of January 5, 2017. He concluded staff recommended approval of the request, offering to answer questions. - Mr. Peter Aratari, applicant s contractor, stated he was available to answer any construction related questions. - Mr. Richard Dussault stated he was opposed to the request, questioning the legality of shifting the limitation line by splitting the 45 degree line to 22.5. - Mr. McBride clarified boat limitation lines and the 45 degree rule were two different, separate issues under City Code, stating Special Permits could exceed the 45 degree rule; however, boat limitation lines could not be violated. - Mr. Ron Elkins stated he resided on Lot #7, adjacent to the subject property, expressing concern with regard to clearance. He contended the existing elevert could easily be repaired. - Mr. Alan Cook stated he resided on Lots 4 and 3, acknowledging same were not adjacent to the subject property. He asked the Committee to take future waterward construction on Lot 4 into consideration. - Mr. McBride called three times for anyone to speak on CCSP-20-16. - 5 -
- Mr. Dauster MOVED, Mr. McAlear SECONDED to close the public hearing. MOTION - Mr. Dauster asked if the applicant had considered replacement of the elevert lift. - Mr. Aratari replied affirmatively; however, cost effectiveness and water depth prohibited same. - Mr. McAlear MOVED, Mr. Dauster SECONDED approval of CCSP-20-16. MOTION C. CCSP-21-16 - Petition for Special Permit pursuant to Section 6-6(j), Punta Gorda Code, to install a portion of a boat lift, 3 boat lift pilings and a portion of an attached 2 foot wide aluminum walkway outside the 45 degree angle per Subsection 6-6(c)4, Punta Gorda Code, at Lot 9, Block 216, Punta Gorda Isles Section 14 (a/k/a 1373 Redbird Court, Punta Gorda, Florida 33950). Owner/Petitioner: Brigid Siewer Charlotte County Parcel ID: 412224409001 - Mr. Nikula displayed an aerial view of the subject property and proposed construction drawings, both delineated in the agenda material, stating the applicant was seeking approval to install a freestanding, irregularly shaped dock and a four post Alpha boat lift. He noted the waterway, Whippoorwill Canal, narrowed at this end-of-canal location, adding per City Code, a moored vessel could extend up to thirty feet waterward from the seawall. He explained three boat lift pilings, a portion of the boat lift and a portion of a two foot wide aluminum walkway extension would extend outside the forty-five degree angle from the property s seawall at the side property lines. He concluded staff recommended favorable consideration, offering to answer any questions. - Mr. Parr stated the structure to be installed was a fair distance away from the boat limitation lines on either side, adding the owner intended to moor a 27 foot boat. - Mr. McBride called three times for anyone to speak on CCSP-21-16. - Mr. Dauster MOVED, Mr. Raffa SECONDED to close the public hearing. MOTION - Mr. Dauster MOVED, Mr. Raffa SECONDED approval of CCSP-21-16. MOTION CARRIED UNANIMOUSLY. - Recording Secretary Kelly advised the City Clerk s Office currently had no applications on file for individuals interested in serving on the Committee, asking members to keep same in mind when speaking with other PGI residents. - 6 -
- Mr. McAlear expressed appreciation to members for their hard work, adding he was grateful for the support from City staff and City Council as well. - Mr. Dauster questioned the status of seawall maintenance alternatives, as discussed at length over the course of a number of past Committee meetings. - Mr. Gary Disher, Public Works Analyst, responded a presentation would be made at the next City Council meeting on February 1, 2017. - Mr. Riley commended the Committee for their hard work; however, he asked members to control their comments and actions so as to adhere to their bylaws. He expressed hope PGI s canals did not fall within the ranking of Cape Coral s canal system. - Meeting Adjourned: 2:51 p.m. Mary Kelly, Recording Secretary David McBride, Chairman - 7 -