MEETING MINUTES

MANCHESTER WATERWAY ADVISORY COMMITTEE August 16, 2006

8:30 a.m. Meeting was called to order at 8:34 a.m.

Attendance: Present: Grace Amodeo, Patrick Randall, Don Fredrick, Dennis Peck,

Ted Iddings, Cliff McMahon County: Dan Gallagher Absent: Anthony Muscarella Minutes: Mr. McMahon made the motion to approve the minutes from May 17,

2006. Mr. Fredrick seconded the motion, and the motion carried. New Business:

• Budget 2007/08 - The Committee discussed the 2007/08 budget. Ms. Amodeo recommended that the budget be distributed prior to the day of the meeting. Ms. Musselman explained that, since the increase in the assessment was not approved by the Board of County Commissioners, it will remain at $100 per lot, and the line item for contract service dredging (Stormwater Engineering) was removed. With this reduction, Lewis Creek will be the only dredging. The residents asked the BCC why they pay for dredging, if the lock will not be removed. Ms. Amodeo stated that, if the lock is not going to be removed, it needs to be put back, with the County responsible for the cost. Mr. Peck informed the residents that the funds for the lock removal are available, but the County only has an estimated cost of the project. Mr. Randall stated that this estimate is from last year and now, with the delay, the cost will go up.

• Activity Report - The Committee reviewed the Activity Report.

• Midway Outfalls - Ms. Amodeo stated that the outfalls at the end of Midway are

back in the canal, and something needs to be done to prevent this. While it was suggested that the landowner should be responsible for fixing this, Ms. Amodeo made a motion, seconded by Mr. McMahon, to have the Chairman send a letter and pictures to the BCC. Vote taken, all in favor, motion carried.

• Previous Motions - Mr. McMahon stated that the Committee previously made

motions regarding repair of the lock and speeders, and nothing has been done. The Committee would like it on the record that they feel this is a safety concern.

Old Business:

• S-Curve Dredging - Ms. Musselman informed the Committee that the S-curve dredging may be combined with the Buena Vista Waterway. It is currently in the design phase and will be sent out for bid.

Manchester Waterway Advisory Committee Minutes August 16, 2006 Page 2 Open Floor:

• Jim Gullett - Mr. Gullett stated that the public input at the BCC meeting requested that the assessment be increased. He asked if this decision can be changed. Ms. Musselman stated it cannot be changed until next year.

• Mike Malica - Mr. Malica inquired about the money that would be saved if the

dredging project with Buena Vista Waterway is combined. He suggested the extra money be used for the dredging of Como Waterway. He said that any delays from Buena Vista Waterway could affect the timeframe of their project.

• Jeff Richards - Mr. Richards stated that Lewis Creek has been delayed six

months to a year, because the previous bid was rejected due to the cost. This project will involve the same contractor.

• Sam Baxter – Mr. Baxter inquired about the project being supervised by the

County to prevent what happened with the previous dredging. Mr. Peck reiterated that the previous contractor had allowed dirt to fall back into the canal from his large equipment. Bob Freda stated that large rocks from the previous dredging are still there.

• Ms. Amodeo – Ms. Amodeo said that a lot of information in the July 23

newspaper article was incorrect. Ms. Musselman provided clarification.

• Mr. Gallagher – Mr. Gallagher discussed the lock update. He stated he is handling the petition by Mr. Mudge. This is similar to a lawsuit and will be heard in front of an Administrative Judge. Mr. Mudge states in his petition that the Department of Environmental Protection violated its own rules. Mr. Gallagher stated that Mr. Mudge will need to have witnesses and documents supporting his petition. The hearing will be held at the Port Charlotte Beach Complex on December 5, 6, and 7, 2006, at 8:00 a.m. The residents discussed offering Mr. Mudge a settlement or fixing his seawall to speed up the process. Mr. Gallagher discussed the process if an appeal is filed by Mr. Mudge. Mr. Iddings stated the lock is deteriorating, and the County should take responsibility for not maintaining it. Mr. McMahon stated that Mr. Mudge has never mentioned a settlement offer, but suggested the Committee offer him one.

• Ms. Amodeo – Ms. Amodeo stated the BCC had the lock installed, and this

MSBU has paid to have it opened and closed. The County will benefit by having the lock removed, and the residents have to pay for it. Mr. Peck stated that the

current BCC members were not in office when this was originally approved.

• Mary Walters – Ms. Walters said the lock needs to go. She stated that every time something happens, a complaint is sent to the County. The County just

Manchester Waterway Advisory Committee Minutes August 16, 2006 Page 3

• takes its time, and everything gets dragged out. Mr. Gallagher said that the petition was filed less than two months ago. State and Federal permitting caused the delay, not the County. Mr. Gallagher reiterated that Mr. Mudge disputes the DEP findings.

• Carol Iddings – Ms. Iddings inquired whether the land will get split between the

MSBUs if the lock is removed. Ms. Musselman stated that the land would need to be sold.

• Mr. McMahon – Mr. McMahon stated that we should remove the lock and pay

the fine. He also questioned whether Mr. Mudge can be sued for the charges that have been incurred if he loses his case. A resident asked if taxes will increase once the case is complete and if the lock needs to be put back in. The question was raised if it would be cheaper to just settle the case with Mr. Mudge. Mr. Gallagher stated that the case needs to go to mediation first. He said he wants to have a discussion with residents who have had conversations with Mr. Mudge. He also stated that he was invited to the Manchester Civic Association meeting on October 10, 2006. A resident stated that Mr. Mudge is dragging this out and trying to get something from it. The property values have decreased because of the lock and the lawsuit. Mr. Gallagher informed the residents to e-mail him with any detailed questions. He stated he won’t discuss any information over the phone.

• Ms. Musselman – Ms. Musselman reminded the Committee about following the

Sunshine Law. She informed them that all the Advisory Committees will become formal in the next two months. Any resident wanting to serve on the Committee will have to submit a resume to the BCC. The selected members will have terms and will need to abide by set policies and procedures. Ms. Amodeo clarified that the Homeowners’ Association does not have to follow the Sunshine Law.

Next Scheduled Meeting: Wednesday, November 15, 2006, at 9:00 a.m. in the Public Works Conference Room Meeting adjourned at 10:30 a.m. Respectfully submitted, Tara L. Musselman Municipal Service District Representative TLM/cs copy: File 27020002 – 061207tm