06/11/2008
MARINE ADVISORY BOARD MEETING MINUTES
CITY OF CLEARWATER
June 11, 2008
Present: Paul J. Kelley Chair
Edward O’Brien, Jr. Board Member
F. David Hemerick Board Member
Tim Trager Board Member
Tom Calhoun Board Member
Donald O. McFarland Board Member
Vacant Seat 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 7:55 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 – May 14, 2008
Member O’Brien moved to approve the minutes of the Marine Advisory Board meeting of
May 14, 2008, as submitted in written summation to each board member. The motion was duly
seconded and carried unanimously.
3 – New Business
Tom Hogan – Pinellas County Water & Navigation Control Authority
Pinellas County Water & Navigation Control Authority representative Tom Hogan
reviewed the County’s dock ordinance process and use of aerial maps to determine if a
residential dock application meets County regulations: 1) dock is within center third of property;
2) dock does not extend more than 50% of a property’s width; and 3) dock does not extend out
more than 25% of the waterway. Once a municipality approves a dock, County concerns are
limited to navigational and environmental issues.
Mr. Hogan distributed maps, available at County offices, to illustrate how dock length
limits are clarified when lots are angled or located at the end of canals. Variances require
letter(s) of no objection from affected next-door property owner(s). The County will not permit
docks that deter movement in canals or block other dock access. Aerial maps also identify
riparian rights ownership. Docks cannot be constructed on County property. The County issues
permits with warnings that permission to construct on another party’s riparian rights should be
obtained
In response to questions, Mr. Hogan said while County regulations do not mention tie
poles, County policy requires tie poles to be at least one foot from property lines. County staff
sometimes must dive underwater to resolve environmental issues. To prevent problems, he
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advises municipalities when dock applications violate city regulations. The County has
regulated docks since 1955. In addition, USACOE (United States Army Corps of Engineers)
and FDEP (Florida Department of Environmental Protection) permits are necessary. The
County is not concerned with set back issues and dock construction materials. Docks must be
landward of and cannot obscure aids to navigation. Variances to extend docks more than 25%
of a waterway are not granted. Public hearings are required if docks exceed 500 square-feet.
Marine & Aviation Department Director Bill Morris said most Planning Department review
of dock applications is mathematical. “Navigability” relates to how neighbors access their docks
and historic use, such as recreation uses in the Mandalay Channel. There is a City and County
variance process for dock applications affected by shallow water and sea grasses.
In response to questions, Mr. Hogan said there are significant regulations related to dock
construction. He also suggested limiting to two the number of watercraft docked at a house to
avoid a junkyard look. The County requires double boatlifts to be located on opposite sides of a
dock. The County also permits catwalks. While the County does not restrict davits or personal
watercraft lifts, USACOE does. The County is authorized to issue USACOE permits. The
County does not enforce deed restrictions. Assistant City Attorney Camilo Soto said deed
restrictions are a civil matter.
Discussion ensued regarding large boats, with concerns expressed that large boats
could cause navigational problems in narrow canals and that someone could purchase a house
for the sole purpose of docking a 100-foot boat behind it. Mr. Morris said current regulations do
not limit how far boats can extend from docks. Mr. Hogan said the County does not regulate the
size of boats, just the dock structure and lift systems. He said neighbor objections to boat
lengths are a civil matter. In response to a question, he opined that Madeira Beach restrictions
on boat lengths would be challenged. It was questioned if the City could limit the size of boats
at single-family homes. Mr. Soto will report on possible regulations related to boat size.
National Marina Day
– August 9, 2008
Mr. Morris reviewed staff efforts to celebrate National Marina Day, including soliciting
marina tenants to provide discounted tickets and host open houses. A 47-foot US Coast Guard
boat will hold an open house. The City’s fireboat will be present and the Coast Guard Power
Squadron will provide safe boating instruction. Visitors will be able to park on the Causeway
and cross the new bridge to the east end of the Marina where activities are planned between
8:00 a.m. and 2:00 p.m.
Assistant Marine & Aviation Department Director Bev Buysse said a jet ski training area
also is being considered.
It was requested that staff identify activities requiring board member participation.
Items not on the Agenda
Mooring Field
In response to a question regarding the establishment of a mooring field, Mr. Morris
reviewed State suggestions, based on water depth regulations, to locate moorings near the
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marina or in Mandalay Channel. Mr. Morris said those locations would be a liability for the City
and also would obstruct sailing and recreational boaters in Mandalay Channel and access to the
marina. While a City ordinance limits anchoring to 72 hours, a mooring field would allow boats
to be anchored at all times. It was stated the City has sufficient space for transient boats.
Clearwater Community Sailing Center
It was reported the Clearwater Community Sailing Center is celebrating the seventh
anniversary of its Sailability Program on June 29, 2008
4 - Old Business - None.
5 - Aqenda for next meetinq on Julv 9, 2008
Final discussion on input to the City Council regarding dock regulations.
6 - Adiourn
The meeting adjourned at 9:15 a.m.
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