04/09/2008
MARINE ADVISORY BOARD MEETING MINUTES
CITY OF CLEARWATER
April 9, 2008
Present: Paul J. Kelley Chair
Edward O’Brien, Jr. Board Member
F. David Hemerick Board Member
Mark A. Smith Board Member – departed at 9:04 a.m.
Tom Calhoun Board Member
Absent: Tim Trager Board Member
Donald O. McFarland Board Member
Also Present: Bill Morris Marine & Aviation Department Director
Bev Buysse Assistant Marine & Aviation Department Director
Patricia O. Sullivan 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 – March 12, 2008
Member O’Brien moved to approve the minutes of the Marine Advisory Board meeting of
March 12, 2008, as submitted in written summation to each board member. The motion was
duly seconded and carried unanimously.
3 – New Business
Chair April 14, 2008, report to Council Work Session.
Chair Kelley reviewed the history of City advisory boards, stating the MAB was created
before the Marina had a professional staff. He said the City now appoints a Task Force if
specific issues require review. He discussed his scheduled April 14, 2008, appearance before
the City Council. The Council had expressed disappointment in the MAB’s (Marine Advisory
Board) response to its request for input on a dock ordinance. He reviewed board sentiments
that the board should have been provided a proposal as members are not qualified to draft
code.
Chair Kelly said MAB recommendations currently carry no weight. He said the board
had wanted to be involved and informed and part of the process. While the board inserted itself
into the dock approval process five years ago, its participation was not cited in Code. He said
the CDB (Community Development Board) quasi-judicial process bases decisions on findings of
facts and conclusions of law, not personal opinions.
He questioned if meeting every other month would be sufficient. He suggested the
board’s makeup should reflect varied interests including waterfront boaters, boaters who tow
trailers, and a law enforcement perspective. He said the board represents the voice of the
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public. He said the City Council needs to determine the board’s mission, and define its
objectives, its composition, and how it conducts its business. He said it is important that board
decisions are objective.
Marine & Aviation Department Director Bill Morris said board meetings need to be
relocated to City Hall Chambers to provide sufficient space for the public to attend. He said the
City Council had concerns that personal issues were brought forward as board business. Any
changes to the board’s role needs to be incorporated in the Code.
Discussion ensued regarding the MAB’s role with comments that members often learn
more at meetings than they contribute and commercial groups at the Marina do not seem to
want to work with the MAB. It was questioned if board input is worthwhile. Concern was
expressed that the Sunshine Law impedes communication between members.
It was stated the board’s mission is to advise the City Council. It was felt when experts
are wrong, the MAB is able to challenge submitted materials. It was indicated that MAB
concerns regarding the SandPearl docks were based on board member fiduciary interest in that
property. It was stated the MAB is important to proactively manage City marine resources,
including the Seminole boat ramp, downtown boat slips, and a potential high and dry facility.
Discussion ensued with comments that the MAB had done a good job with downtown and
SandPearl boat dock issues, that it acts as a sounding board for residents and makes
recommendations, and that its members know more about dock issues than the CDB.
It was recommended that new members be briefed and provided guidelines regarding
processes and how to redress concerns. It was requested that the City Council define the
MAB’s mission.
4 – Old Business
Other
Dock Ordinance
In response to the Council request, Member Smith presented discussion points
regarding dock ordinance guidelines: 1) include marine grass impacts and water clarity issues;
2) require adequate water depth to support any proposed vessel use of a given dock as related
to the maximum vessel draft, and/or minimum water depths for a given location; 3) prohibit
commercial docks from blocking public access; 4) void the 25% “width of the waterway” rule for
areas such as Mandalay Channel to avoid impacts to public rights for usage and navigation; 5)
prohibit docks from compromising public’s right to use a waterway, even where bottom lands
are privately owned; and 6) main consideration for dock approval be impact on navigation and
public use of waterway.
It was stated that Pinellas County issues dock permits and is looking at these issues. It
was indicated that the City and County have different levels of review. It was stated the
comprehensive Code already considers sea grasses. It was stated that concerns about
Mandalay Channel are a personal matter.
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Member Smith said the MAB has made no headway with the dock ordinance issue due
to the Chair's conflict as a dock builder. He expressed concern that he had been required to
declare a conflict of interest regarding a dock proposal when the Chair also had a conflict due to
his business and his discussions with the developer's dock representative. Member Smith said
for these reasons, he was submitting his letter of resignation.
Consensus was to table the topic of dock ordinances.
5 - Aqenda for next meetinq on May 14. 2008
6 - Adiourn
The meeting adjourned at 9:05 a.m.
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Chair, Marine Advisory Board
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