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02/13/2008 MARINE ADVISORY BOARD MEETING MINUTES CITY OF CLEARWATER February 13, 2008 Present: Paul J. Kelley Chair F. David Hemerick Board Member Mark A. Smith Board Member – departed 8:59 a.m. Tim Trager Board Member Donald O. McFarland Board Member Absent: Edward O’Brien, Jr. Board Member Tom Calhoun Board Member Also Present: Bill Morris Marine & Aviation Director Bev Buysse Marine & Aviation Assistant Director Camilo Soto Assistant City Attorney Brenda Moses Board Reporter The Chair called the meeting to order at 8:00 a.m. at the Marina. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 2 – Minutes Approval – December 12, 2007 Member Hemerick moved to approve the minutes of the Marine Advisory Board meeting motion of December 12, 2007, as submitted in written summation to each board member. The carried was duly seconded and unanimously. 3 – Old Business In response to a question, Marine & Aviation Director Bill Morris said he is unaware of any additional no-wake markers scheduled for the south side of Mandalay channel. 4 – New Business Talking point on dock ordinance issue Mr. Morris said Councilmember Cretekos met with some coastal communities’ representatives that stated they do not submit dock applications to Pinellas County. Mr. Morris stated those municipalities do not have marine advisory boards and at the Council level, probably do not realize the County is the permitting authority for dock applications. Mr. Morris said that Councilmember Cretekos requested that he provide the board with some talking points on dock ordinance issues and for use when he discusses dock ordinances with other municipalities. He said the County has a problem getting docks permitted by U. S. Fish and Wildlife due to speed zone enforcement for the protection of manatees. The State prefers a County-managed system for waterways. Currently, the County permits municipalities to dictate speed zones, etc., and the use of their respective waterways. Mr. Morris said there have been no reported manatee deaths in Clearwater in the last few years. He said Clearwater and municipalities north of Clearwater do not have a restriction on dock construction. Marine Advisory 2008-02-13 1 It was remarked that the issue of protecting manatees continues to be debated. Statistics regarding mortality, etc. continues to be analyzed. In areas where manatees are more prevalent, restrictions are more stringent. It was remarked that in summer, manatees frequent Mandalay Channel. Mr. Morris said the City needs to determine if it wants to restrict the number and lengths of docks. He said the County restricts the length of docks at Lake Seminole and Lake Tarpon to a maximum of 100 feet from shore. They are fresh bodies of water with extensive recreational uses. Discussion ensued with comments that if the City adopts a comprehensive dock ordinance, it should not make any difference what the County thinks about it as long as the ordinance does not contradict the County’s dock ordinance, that the County’s ordinance is inadequate, that Code Section 3-601 regarding docks needs to be comprehensive, that the MAB (Marine Advisory Board) has already suggested the City Council adopt a comprehensive dock ordinance, that the City Manager and staff are pro-development and will do what is best for the City, not the public, that dock applications are reviewed according to the Code, and that Pinellas County is much more efficient than most counties with respect to the dock application process. It was remarked that Mr. Morris brings many dock applications to the board. Mr. Morris stated that City Code, Section 3-601 of the Community Development addresses parameters for docks, including permitting, City approval procedures, setbacks from property lines, dock widths, catwalks, deviations, commercial and multi-use docks, etc. He said the board can propose specific issues to City Council regarding a comprehensive dock ordinance. Discussion ensued with comments that the MAB is not responsible for amending ordinances. Concern was expressed that docks constructed according to the criteria that they can be 25% of the navigable waterway is excessive in some residential areas. It was remarked that upland property owners have built docks on top of bottomlands that are dedicated for public purposes. It was remarked that the State can issue submerged land leases for bottomlands. In response to a question, Mr. Morris said dock applications are reviewed by the Planning Department. The County does not review dock applications until the respective municipality approves them. Mr. Morris said he makes a concerted effort to bring forth dock applications to the MAB for their input. It was remarked that a few years ago, the Council had expressed concerns regarding the loss of boat slips throughout the County and had discussions regarding ways to increase boating activity. Although dry storage has been lost, there has been a net increase in wetslips in the area and boater access has increased. It was felt that the list of Talking Points provided at today’s meeting regarding open waterways contradicts City discussions, particularly with respect to the Downtown boat slips that passed on referendum. It was remarked that although Pierce 100 residents expressed opposition to the Downtown boat slips, there was no discussion regarding manatees, no-wake zones, width of waterways, limited access, etc., when the Downtown boat slips referendum was proposed. It was remarked that a plan to expand the Clearwater marina would have choked the waterway in the area even more. It was noted that the Talking Points provided today are only for the purpose of discussion. It was suggested that it would be in the best interests of the City to develop a waterway management plan for the entire City rather than addressing waterway issues only when individual projects are brought forward. Marine Advisory 2008-02-13 2 Member Hemerick moved that the board re-emphasizes its support and recommendation for the City Council to pursue a comprehensive dock ordinance in addition to existing Code Section 3-601. The motion was duly seconded. Discussion ensued regarding the motion, with a suggestion that the comprehensive dock ordinance should not contradict the County's dock ordinance. It was remarked that the motion expresses the board's recommendation sufficiently. The board wants the existing dock ordinance to be amended so that it is comprehensive. Mr. Morris suggested the board could review the current dock ordinance and make annotations in areas they feel need to be amended. It was felt that it is not the board's responsibility to develop a comprehensive dock ordinance or rewrite the existing ordinance. A comment was made that the City Council could direct the MAB to assist in making suggested changes to the ordinance. Upon the vote being taken, the motion carried unanimously. Mr. Morris said he will bring a commercial dock application to the board at a future meeting regarding a project that proposes a dock extending 240 feet into Mandalay channel south of Belle Harbor. 5 - Aoenda for next meetino on March 12. 2008 6 - Adiournment The meeting adjourned at 9:03 a.m. -~ Chair, Marine Advisory Board ~~ VLM oard eporter Marine Advisory 2008-02-13 3