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EPTAB Minutes 12/13/1994 DRAFT: December 14, 1993 APPROVED: December 20, 1993 ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD MINUTES OF December 13, 1993 PRESENT: David Maehr Dave Addison David Land Nancy Payton Larry Richardson Gary Beardsley Christopher Hagan Steve Means Dorothea Zysko Mike Davis Robert Duane STAFF: Bill Lorenz Fran Stallings Kevin Dugan Dick Hartwell Maura Kraus Mac Hatcher Kimberly Polen Doug Suitor Steve Grabe Martha Nebelsiek Harry Huber Jerry Neil Commissioner Norris PUBLIC: Judy Haner Sally Lam Mike Weise Chris Straton Paul Benedict Dan Dunford Virginia Corkran Ted Below Mark Robson Stewart Swanson Emma Ross I. Meeting called to order II. Roll call III. Approval of Minutes: Gary Beardsley asked to have action items listed within the minutes. Dorothea Zysko requested that her name be correctly spelled. Minutes of November 22 , 1993 , approved unanimously. IV. Old Business: 1. Dorothea Zysko, representing the Sand Dollar Ad Hoc Committee presented a fact-finding session for the Advisory Board. She explained that the Ad Hoc Committees first meeting was held on Sand Dollar Island, followed by two additional meetings at the Natural Resources Department. The Ad Hoc Committee had several points that needed to be addressed before the full EPTAB Committee members make a recommendation to the Board of County Commissioners. a) Ready maps of Sand Dollar Island indicate that the beach system is very dynamic. b) There has been confusion on the part of the public involving the location of the Critical Wildlife Area (CWA) boundaries and when they are posted. There is also confusion as to the actual design of the beach renourishment area. c) It is very important to define where the MHW line is. There is a need to define where the State and County lands end. The CWA was deemed to be somewhat of a side issue. More important concerns are the water quality and beach access. The public is concerned with the flushing and "mucky" bottom that exist within the small lagoon. The subcommittee requested a water quality test be conducted in the near future by Pollution Control Department. Samples taken during 1989, 90 and 91 for E-coli and tested in the normal range. 2 . Commissioner Norris explained that Section 7 and 12 is not definable on maps used. Jerry Neal stated that the Tax Office maps showed Section 7 and 12 as just extendible lines on their map and not definable as actual section lines. Mark Robson, FGFWFC stated that the Game Commissioner used U.S. Geographical Survey maps which also show the lines as not definable. Robson said that the area needs to be surveyed again. Commissioner Norris stated that a good portion of the area that is roped off is outside the original CWA boundary. Commissioner Norris was concerned that the Game Commission would continue to expand the boundary further south if the birds move in that direction. Commissioner Norris also requested that the Game Commission look at the feasibility of a "walk-over" that could be constructed for direct access to Sand Dollar Island. Col. Dan Dunford, FGFWFC, replied that they would be willing to look at this possibility. Commissioner Norris asked Mr. Robson if the lagoon were to close up and no longer flush, would the area lose its value for the shorebirds?" Mr. Robson replied that he was not a marine ecologist and could not answer Commissioner Norris question. Ted Below, National Audubon, stated that the area would become very shallow and probably improve in value to shorebirds. 3 . Mark Robson made a presentation with slides. Three major themes were presented: a) The FGFWFC - its role and responsibility b) CWA - background of the program c) CWA - as it compares to Sand Dollar Island Mark Robson explained that the least tern, snowy plover, black skimmer and other listed species used Sand Dollar Island. Mark Robson stated that certain issues have been raised by the public and he wanted to respond to these issues. a) Issue: Sand Dollar Island is now attached to Marco Island and that it is no longer valuable as a CWA. Response: No merit to this statement. b) Issue: FGFWFC posted parts of the renourished beach. Response: This did not happen. c) Issue: The posting of the CWA stops access to the island. Response: This did not happen. d) Issue: The tide pool is not a desirable public area. Response: FGFWFC can't respond to this, but the birds are feeding in the lagoon, people are fishing there and catching bait fish there. e) Issue: It has been stated that the FGFWFC would expand the area. Response: The FGFWFC has no plans to expand the posted area at this time. f) Issue: Are there plans to expand the boundaries of the CWA. Response: The area will be surveyed and if necessary the CWA will be considered for expansion. Recommendation to the Commission: a) Recognize continued use of CWA for the birds. b) Look for ways to minimize impacts to the public and coordinate any changes with input from the local community. c) No expansion of southern area without clarifying boundaries of area. 4 . David Land said that EPTAB had four decisions that had to be resolved (a fifth one was considered not an issue) . a) What our position is with respect to the CWA within the existing legal boundaries? b) If the CWA is currently or proposed to go outside the boundaries, do we support or oppose that? c) What would our position be on either (north or south) of those boardwalks based on what we know if . d) 1) Filling the tidal pool? 2) Filling the entire lagoon? That was being proposed for one of the three reasons: 1) water quality; 2) odor; and 3) Easier access to the beach itself without having to walk around. A motion was made to discuss these issues at the next EPTAB meeting. Motion approved unanimously. The Ad Hoc committee was directed to come back with recommendations on these issues. Mike Davis will inform BCC that EPTAB is still working on the Sand Dollar Problem. 5. EPTAB was given handouts for the next meeting. Fran Stallings suggested EPTAB look at materials and discuss ranking of NRPA's at the next EPTAB meeting. Mr. Stallings recommended that EPTAB consider Ten Thousand Islands or Clam Bay as first NRPAs. Mr. Stallings also suggested that North Golden Gate Estates might "kill" the NRPA program if listed at the present time. V. New Business: None VI. Public Comments: 1. Ted Below further commented on Sand Dollar Island by stating that the birds used the CWA and that he has counted birds in that area for 21 years and has banded birds for the past 9 years. Mr. Below stated that the birds are not there at low tide, thus, the public comment that they don't see any birds at the CWA. Last census showed 2 , 000 shorebirds using the CWA. Birds formally utilize the Caxambas spit, but it is no longer in existence. Mr. Below stated that he has banded the rare piping plover on Sand Dollar Island. Chris Hagan asked the FGFWFC if they would rope off part of the renourished beach if the birds adopted this area for feeding. Col. Dunford replied that it is unlikely that the birds would utilize an area occupied by people, however, if the birds needed protection, this could happen. Chris Straton suggested that the area needed more testing for water quality. Jerry Neal replied that Pollution Control Department would be asked to do more testing. A motion was made to have the next meeting on December 20, 1993 , at 4 : 00. Motion was approved unanimously. VII. Meeting adjourned 6: 00. \_ ' ''i • , ., .. ,--", I 1 --4-4-- 4111111111Au +faftLk - JU CataUlddeSlat Ii :-; . :. 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