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12/14/2011 MARINE ADVISORY BOARD MEETING MINUTES CITY OF CLEARWATER December 14, 2011 Present: Tim Trager Chair Tom Calhoun Board Member Donald O. McFarland Board Member Paul E. Lightfoot Board Member David J. Napoli Board Member Eric D. Spaulding Board Member Absent: F. David Hemerick Board Member Also Present: Camilo Soto Assistant City Attorney William Morris Marine & Aviation Department Director Patricia O. Sullivan Board Reporter The Chair called the meeting to order at 8:00 a.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 2 – Minutes Approval – September 14, 2011 Member McFarland moved to approve the minutes of the Marine Advisory Board meeting of September 14, 2011, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 3 – Old Business 3.1. Idle Speed No Wake Zone inside Clearwater Harbor Marina Marine & Aviation Department Director Bill Morris said the FWC (Fish & Wildlife Conservation Commission) recently acknowledged receipt of Clearwater’s request to expand the idle speed no wake zone beneath the Memorial Causeway Bridge. The normal response time is one year. He will advise the board as updates occur. 3.2. Little Pass Dredge update Mr. Morris said completion of the hopper barge, to be used to dredge Little Pass, is behind schedule. FDEP (Florida Department of Environmental Protection) approved the U.S. Army Corps of Engineers’ request to extend Clearwater’s dredging permit by two years, to January 15, 2014. Staff will work with commercial and recreation boaters to identify navigation channel “bumps.” As the City is only permitted to dredge up to 30,000 cubic yards on its current permit, staff may need to submit a follow up permit request to dredge anything over 30,000 cubic yards in the shortcut to the channel during this time period. As the permit was extended by two years, staff does not view this as a problem. 4 – New Business : None. Marine Advisory 2011-12-14 1 5 - Agenda for next meeting on March 14, 2012 Items not on the Agenda Aids to Navigation Markers Mr. Morris reported the City Council approved accepting responsibility for the maintenance of 17 aids to navigation markers in Dunedin Pass and Mandalay Channel. Otherwise, the aids would have been removed. Replacement costs for signs and pilings are estimated at $600 each; all markers will be in compliance with US Coast Guard standards before the City accepts responsibility. The City is not liable for dredging channels it marks but needs to monitor channel depths and report discrepancies (i.e. shoaling) for inclusion in US Coast Guard Notice to Mariners Chart Updates. Transient Boats Mr. Morris reviewed the State’s abolishment of local governments’ ability to regulate anchoring in waterways; new rules are not anticipated until 2014. Residents are complaining. As many as 8 sailboats anchor by the causeway. One boat has anchored in Mandalay Channel for more than 3 years; another has been there for 2. One of these boat owners complained to the State and City that Clearwater will not pump out his boat. Mr. Morris said the City is not obligated to pump out boats “in navigation”; to do so would invite liveaboards throughout City waters. The Beach and Downtown Harbor marinas have pump out facilities. The City would be required to pump out boats if it had designated mooring fields; the City has no mooring fields. Concern was expressed that the City not attract liveaboards as occurred in Key West. Mr. Morris has documented and photographed anchored boats that do not move. Concern was expressed these boats are dumping raw sewage into City waters. It was stated that pumps are below the waterline and cannot be observed when sewage is dumped after dark. It was suggested the City could deduce that a boat is dumping sewage if it has not been moved in a month; boats need to be pumped weekly. City police cannot board a vessel without probable cause. Discussion ensued regarding dredging Dunedin Pass Channel. If dredging of the channel is completed before the State allows the City to regulate the “length of stay at anchor” of transient vessels within City waterways, more boats will be able to access Mandalay Channel and anchor. He hoped State regulations allowing the City to limit anchoring in its waterways, will be on the books by 2014 when the State’s review of providing uniform anchoring rules statewide is projected for completion. Discussion ensued. Information was requested regarding the City’s ability to control anchoring near the causeway and related State Statutes. Consensus was that the City should not pump out anchored boats, as they legally are “in navigation,” as defined by the State, and capable of transiting to a pump-out location. Marine Advisory 2011-12-14 2 Ferry Dock Mr. Morris said commercial charter operators at the Beach Marina have been informed they may use the old ferry dock at Drew Street to pick up and drop off customers, saving them a drive to the beach and a search for parking; Charter operators would be required to pay the City Marina $1 per passenger. Legal staff has approved this use. A dinner boat, contracted with the Wild Splash Event sponsor to be the Host vessel, has requested to tie up to the dock and serve meals and alcohol to event participants. Other commercial charter vessels will retain access to the east side of the ferry dock during the event. He will verify the legality of the proposed use prior to the event, scheduled for March. Downtown Harbor Marina In response to a question, Mr. Morris reported occupancy rates are just below 60%. Clearwater Beach Marina In response to a question, Mr. Morris said plans are being drawn for a restaurant on the second floor of the Beach Marina. A traffic study is needed along with parking plans. The post office's last day will be January 21, 2012. Staff desires to relocate its offices to the 1st floor to free up second floor space for the restaurant and provide easier access to the Harbormaster's Office. An elevator would be installed as part of planned renovations. Coast Guard City The City has been notified that it has been nominated to be designated as a Coast Guard City. Congressional approval is still required. An event is planned for January 27, 2012. 6—Adjourn The meeting adjourned at 9:07 a.m. AcT/Pir" Chair Marine Advisory Board Attest: Board Repo, Marine Advisory 2011-12-14 3