Loading...
HomeMy WebLinkAboutMinutes Watershore And Beach Advisory Committee - 06/03/1999 Minutes Water/Shore Advisory Committee June 3199 Members Present: Trian Serbu (Chairman), James Barnett, Frank Beck, Alan Dinn, Dr. Joseph Horvat, Steven Moody and Mercedes Salinas Members Absent: Robert Forest and Dr. JoAnna Mott • Staff Present: Marco A. Cisneros,Director of Park&Recreation(PARD);Mike Gordon,Assistant Director for Operations, Peter Davidson,Marina Superintendent, Todd Jensen, Marina Operations Supervisor, Benita Brunner, Marina Management Aide and Rene Garza, Marina Maintenance Technician Call to Order: Chairman Serbu called the Water/Shore Advisory Committee meeting to order at 5:30 p.m. in the Committee Room at City Hall. Action on the Absences: The motion was made by Mr. Dinn, seconded by Dr. Horvat, to excuse Mr. Barnett's,Mr. Moody's and Ms. Salinas' absences from the 5/6/99 meeting. The motion passed unanimously. Action on the Minutes: Chairman Serbu requested that the Minutes be amended to read: Mr. Gordon refused to continue with any further discussion stating"I have nothing more to say". When Mr. Gordon was offered the opportunity and was requested to continue,he still declined saying he • had nothing more to say effectively ending the meeting(as Mr. Gordon is the Committee's City staff liaison). Chairman Serbu called an end to the meeting. The motion was made by Mr. Beck, seconded by Mr. Dinn,to approve the 5/6/99 Minutes as amended. The motion passed unanimously. Public Comment and/or Presentations: Dr. Horvat stated he had requested that the issue of live aboards at Padre Island Yacht Club (PIYC)be considered separately from live aboards in the City Marina. Dr. Horvat commented PIYC is not committed to have live aboards at this time and referenced his list of things in example of what PIYC will ask of live aboards i.e. precautions against any overboard discharge, etc., if PIYC chooses to pursue live aboards. Dr. Horvat added that PIYC has all the requirements necessary for live aboards if it so chooses to allow live aboards and will be addressing zoning issues and facility requirements. Discussion followed regarding discussions that occurred at the end of the 5/6/99 meeting. Chairman Serbu commented that following the meeting,he had visited with and requested that Mr. Cisneros replace Mr. Gordon as the Committee's liaison. Mr. Cisneros reported that the PARD appoints Staff liaisons to all boards,committees and commissions with which it works. He added that he had given explicit instructions that Mr. Gordon was to relate that the City is currently under negotiations regarding the bait stand and would not be able to bring forth any further information. Chairman Serbu commented that Mr. Gordon's statement was not only pertaining to the bait stand and that he • had asked Mr. Gordon to say if it was something to do with negotiations that he could not speak Water/Shore Advisory Committee Meeting Minutes 1 6/3/99 .scANNED further about. As a point of order,Dr. Horvat commented that Mr. Serbu was acting on his own and not for the Committee when he requested that Mr. Gordon be replaced as the Committee liaison. Chairman Serbu commented that he has nothing against Mr. Gordon, that there had been good exchanges in the past but things have become progressively testy when it comes to the bait stand. He added that Mr. Gordon continued to have nothing to say when given the opportunity to speak, the Committee could not continue to work. Chairman Serbu stated Mr. Cisneros' instructions that Mr. Gordon not discuss the bait stand were fine and could have been understood by the Committee, but that was not the case. Mr. Gordon apologized if his choice of words had not been appropriate for Mr. Serbu. Mr. Cisneros commented that if there had been a misunderstanding, it was not Mr. Gordon's intent to cancel the meeting. However if that action was taken and there was no further action required as per an agenda and it was at the end of the meeting, it would be the appropriate time to adjourn the meeting. Mr. Cisneros commented that in keeping with his instructions to Mr. Gordon he would support Mr. Gordon's actions and would not be taking an action to replace him as Staff liaison to the Committee. Chairman Serbu commented he would have expected more of an apology rather than the just too bad that's what I did attitude that is carried over from the last meeting. He excused himself from the meeting and passed the Chair to Mr. Moody. In response to questioning, Mr. Cisneros reported Staff liaisons are now appointed by the Director and stated Mr. Gordon is the Staff liaison. Mr. Cisneros will be occasionally in attendance to see how things are going. Dr. Horvat commented that Mr. Serbu's action implying that the Committee shared his feelings was a misuse of his position and assured Staff that Mr. Serbu was not speaking for the entire Committee. Dr. Horvat added that it was a mistake telling Mr. Gordon not to say anything that tears apart what the Committee is trying to accomplish. • Pat Suter(handout)reported Nueces County no longer has a permit and must go through the entire process to obtain a new permit to dredge Packery Channel. The new permit will not allow dredging a boat pass, at government expense, to accommodate only small boats. They are studying and considering an environmental pass (3' deep, 50' wide) as well as three alternatives (prescribed by law). (1) Opening the old fish pass and extending the current jetties. This would preserve the most important beach (Luby Park) along the Central Texas coast. (2) Packery Channel area, including Newport Pass to North, Corpus Christi Pass and Packery Channel. This would allow the environmental pass to be located at one of the three sites. (3) North of National Seashore - Will Nueces County pay for a pass to be located in Kleberg County? Ms. Suter reported that Kennedy Causeway would be raised regardless of the vote on County bonds. Approximately $10,000,000 in local matching funds will be needed. The matching funds can come from sources i.e. a toll road or a low interest loan from the state infrastructure bank. John Corley spoke regarding seeking permits to operate a Pedi-Cab business on the Bayfront and in the downtown area. Discussion followed. Mr. Davidson stated City Staff would work with Mr. Corley regarding his request. Dan Judson (handout) spoke regarding seeking permits to operate sunset cruises on antique boats moored in the Marina. Discussion followed. Mr. Davidson stated City Staff would use current policy/procedure to work with Mr. Judson regarding his request so the operation can open this season. He added Staff is currently reviewing whether regulations for this type of service(i.e. slip Water/Shore Advisory Committee Meeting Minutes 2 6/3/99 rate, percentages required, etc.)need to be revised. Regulations would be presented for Committee review if they were revised. Roger Wright (handout), Dan Swan, Roy Pell and Jason Luby spoke in support of allowing live aboards and issues i.e. security, maintenance,water quality, live aboards willingness to work with the City to allow live aboards, etc. Mr. Beck expressed his exception to the tenant letter implying the Committee was involved with the City's decision to remove live aboards. Mr. Gordon reported the issue was reviewed by and the decision to enforce the Ordinance was made by City Staff. Ms. Salinas commented that it is an overstatement to say there is no fecal chloroform problem in the Marina. The results are not in on a study currently being done along the bayfront(storm drains, etc.) and there is consideration being given to extending that study to include the Marina. Mr. Moody • commented that a subcommittee had discussed live aboards and a grandfathering period of time. Marina lessees are aware they are not permitted to live aboard. The live aboards are not required to remove their boats and, at worst,need only lease a small apartment in which to live in order to make things right. At the same time,the City needs to act to get the required infrastructure in place. Mr. Pell commented that lessees are aware of the ordinance not allowing live aboards. However, after turning away from that for a number of years, the City evicting live aboard all of a sudden is not right. Dr. Horvat inquired why a motion passed by the Committee to allow live aboards has not been moved through the appropriate channels.Mr.Moody commented that the motion was agreed on and then came the issue of required infrastructure (facilities, new lease, etc.) on which Mr. Davidson continues to work. Mr. Pell commented that the undefined infrastructure is easily pigeon-holed without further action. Dr. Horvat commented that the purpose of the committee is to advise and make staff aware of where it wants to go and not to help staff figure out what is possible with their resources. Philip Lara inquired about bait stand lease and commented regarding apparent selective enforcement occurring on Peoples Street. Mr.Jensen reported that Marina Patrol does not have authority to write citations and depends on the Police/Texas Parks& Wildlife Department for enforcement. Joe O'Brien commented that the Committee should not accept when City Staff refuses to answer their questions and that it was a mistake for the PARD Director to direct Mr. Gordon to do so. He added that the Staff's treatment of Ms. Stubbs and the bait stand issue is a City disgrace. Jane Stubbs commented•that there are business jealousies in the Marina and that her boats do not sell frozen shrimp. She commented that she worked five years to finalize the current lease.• She felt having to work with two mayors, three city managers, two PARD directors and three marina superintendents was part of the problem and commented she wants to continue with the current contract instead of with what was suggested at the last meeting(changing location, boat slips, what she sold,utilities, construction,who paid for it,terms, etc.). She requested that the Committee assist her to get it moving. Winnie Lambert and John Schepper commented that they choose to live aboard their vessels instead of a house/apartment and moved to Corpus Christi to be able to do so. Water/Shore Advisory Committee Meeting Minutes 3 6/3/99 Andy Ficken commented that Mr. Davidson is taking action required due to a past marina superintendent failing to enforce regulations regarding live aboards. He added that lessees sign a contract that clearly indicates live aboards are not allowed. Phyllis Vaughn commented on live aboards offering assistance during stormy condition. Committee Reports: Mr. Moody requested that each member review, add and prioritize issues for the long range goals and invited the Staff and Audience to make suggestions as well. He commented that they are interested in seeing things getting accomplished. He has met representatives from the Downtown Management District,the Port, etc. to make all entities aware of what each is working on to get the biggest bang for each buck. The Committee is concerned that the Marina appears to be left behind or altogether out of projects occurring in the immediate area, the Haulout facility is not operated very well,tenants are charged use of work areas in addition to slip rent, embarrassing condition of bait stand, lack of infrastructure for preventative maintenance, etc. They are working on issues i.e. budget, fee conformity, needed facilities, live boards and policing themselves, new Marina Office, slip rents and letting tenants see what they are getting for the increase, project deadlines, etc. in the effort to make the area a win-win situation for all parties involved. Director's Report: Mr. Davidson commented/reported on: (1) having planning subcommittee review proposed Committee Bylaws (handout) and the budget with City Staff; (2) installation of power and cleats on eight slips on the south side of Lawrence Street Stem; (3) "Get Away Tours" bringing twelve Searays to Marina; (4) 6/18 power boat races; (5) locating pump out log in box attached to pump out for all boaters to log use of facility; (6) Summer sailing school is full with a waiting list and a mailing list being prepared for the 2000 season; (7) City Staff reviewing water consumption and installing water flow meters to monitor bulk of water used; and (8) bids out for piling project. Mr. Davidson commented that election of officers could be included on the 7/99 meeting agenda. Mr. Gordon responded to Dr. Horvat that PARD will be enforcing the ordinance regarding live aboards being given 30 days.to move out. Dr.Horvat made a motion that the Committee request that PARD, the City Council and whomsoever else in the City needed to participate and grant a 120-day stay of execution on the ordinance so that live aboard issues can be acted on in a more permanent manner. As a point of order,Mr. Cisneros commented that the Committee operates under the same rules/regulations as the City Council that requires that items on which action is to be taken must have been posted. Mr. Cisneros continued that without an establishing set of working rules/regulations for the Committee, it must operate under the same rules/regulations, as does the City Council in accordance with the Texas Open Meetings Act. There are currently no rules/regulations in printed form that can be referred to for conducting the Committee's business. The motion was made by Mr. Beck under expediter motion to suspend the rules, seconded by Dr. Horvat, and have a special called meeting on 6/10/99. In response to Mr. Beck's inquiry on status of the bait stand, Mr. Cisneros commented that Staff is still negotiating and had no further comment. Mr. Gordon responded to Mr. Beck that a Committee member can request that the Chair poll the members regarding their being in favor or not of having Water/Shore Advisory Committee Meeting Minutes 4 . 6/3/99 a special called meeting. Discussion followed regarding how,to get items on the agenda. Mr. Gordon responded to Dr. Horvat that the Committee agenda notice and minutes will be added to the City's WebPages as part of the next contract negotiation. Discussion continued. The motion was made by Dr. Horvat, seconded by Mr. Beck,to suspend the rules for the remainder of the meeting. The motion passed unanimously. The motion was made by Dr. Horvat, seconded by Mr. Beck,that the Committee request PARD to grant a six-month stay of execution on the enforcement of the live aboard clause. Mr. Gordon commented that any change in the ordinance requires City Council action as the ordinance mandates enforcement. The motion was made by Dr. Horvat, seconded by Mr. Beck, to amend his original motion to be that the Committee request PARD as well as the City Council to grant a six month stay of execution on the enforcement of the live aboard clause. The motion passed unanimously. The motion was made by Dr. Horvat, seconded by Mr. Dinn, that the Bylaws terms shall read that any member of the Water/Shore Advisory Committee shall be able to place an item on the agenda for discussion or for action by notifying either the Chair or the Secretary of the Water/Shore • Advisory Committee in writing six working days prior to the meeting at which the item is to be considered. The motion passed unanimously. Current Concerns and Events: In response to Mr. Beck's inquiry, Mr. Cisneros commented Staff hopes to hear from Ms. Stubbs and/or her attorney prior to the 7/99 Committee meeting. Mr. Gordon responded to Mr. Barnett that the Seawall is within the Committee area of advisement. Mr. Beck stated he was glad Mr. Davidson is looking into the water issues and commented that repairs made by the City should be made using the specifications under which the item being repaired was originally installed. He distributed pictures depicting areas currently in need of repair. Mr. Moody inquired who was responsible for maintaining the infrastructure and expressed concern that items get to a state of disrepair. Mr. Davidson commented that Staff works from a list of repairs immediately addressing small repairs and determining how to best address larger projects given manpower and funds available. Mr. Gordon commented that he and Mr. Davidson are currently identifying funds to be available annually to perform these types of repairs. Mr. Davidson has the authority to have repairs performed in-house or by contract. In response to questioning, Mr. Gordon commented that the Marina is an enterprise fund. Funds stay in the Marina Fund except for general service charges that are assessed to all enterprise funds. Mr. Gordon continued that over the next year more Marina Staff would be redirected into maintenance areas. Mr. Beck suggested there should be a subcommittee to deal only with construction issues i.e. reviewing plans in the design phase. The motion was made by Dr. Horvat,that Padre Island Yacht Club be permitted to choose to have live aboards or not under their jurisdiction.Mr. Gordon responded to questioning that the PIYC lease currently prohibits live aboards and it would have to be amended by City Council action. Discussion followed regarding the City's input regarding validating the rules/regulations under which PIYC is allowed to have live aboards,hearing more about the differences between the City Marina and PIYC and how Padre Island residents feel about live aboards. The motion failed for lack of a second. The Water/Shore Advisory Committee Meeting Minutes 5 6/3/99 4 motion was made by Dr. Horvat, seconded by Mr. Beck, to put the PIYC live aboard issue on the next agenda. The motion passed unanimously. Mr. Beck commented that the Committee's meeting time needs to be corrected in the Boards and Commissions handbook. Discussion followed.regarding the Special Called Meeting being scheduled at 1730 hours on Thursday, 6/10/99,meeting location to be announced. The agenda will include the Bylaws. The motion was made by Mr. Beck, seconded by Mr. Dinn, to have an election of officers at the special called meeting. The motion passed unanimously. Discussion followed regarding how,to review the budget. The motion was made by Mr. Dinn, seconded by Dr. Horvat, to review the budget at the special called meeting. The motion passed unanimously. • Adjournment: As there was no further business, the meeting was adjourned at 8:00 p.m. Peter Davidson Marina Superintendent /bkb • Water/Shore Advisory Committee Meeting Minutes 6 6/3/99