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12/12/2012 MARINE ADVISORY BOARD MEETING MINUTES CITY OF CLEARWATER December 12, 2012 Present: Tim Trager Chair F. David Hemerick Board Member Tom Calhoun Board Member Donald O. McFarland Board Member Paul E. Lightfoot Board Member Eric D. Spaulding Board Member Paul J. Kelley 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 – July 6 and September 12, 2012 Member Calhoun moved to approve the minutes of the Special Marine Advisory Board meeting of July 6, 2012 and regular Marine Advisory Board meeting of September 12, 2012, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 3 – Old Business 3.1. Causeway Parking Assistant City Attorney Camilo Soto distributed copies of submerged land bills related to the Memorial Causeway and a 1983 letter from FDOT (Florida Department of Transportation) indicating the agency would prohibit parking within 20 feet of the edge of Memorial Causeway pavement. Marine & Aviation Department Director Bill Morris discussed causeway parking during beach construction projects before FDOT canceled its temporary permit. Discssion ensued with comments that the reverter clause permits City use of the Causeway for public utility; a court in Miami ruled that parking is not a public utility. It was felt the City Council could pursue Causeway parking to address parking shortfalls at the Marina anticipated after the restaurant opens. Mr. Morris said the restaurant intends to provide valet service and park vehicles in nearby lots and parking garages, if necessary. Pending City Hall approval, Marina permit requirements will be enforced and metered parking will be enforced until 11:00 p.m. Staff is working with commercial operators on parking passes. 3.2. FWC (Fish & Wildlife Conservation Commission) – Wake Zone Request Marine Advisory 2012-12-12 1 Mr. Bill Morris reported the FWC (Fish & Wildlife Conservation Commission) had ceased monitoring the Intracoastal, which had been done in response to the City’s request to expand the wake zone by the Memorial Causeway Bridge as wake intrusion into the Harbor Marina can cause safety mishaps. The City awaits an official response from FWC. Mr. Morris expressed concern that vessels jump out of the channel to speed under the bridge. In response to questions, Mr. Morris reviewed piling and roller repairs at the Harbor Marina. He will request an update from FWC regarding local violations. During its first month of random boardings, the FWC issued 18 violations to recreational boaters for possession of fish that were too small or caught out of season. Mr. Morris requested board support of sending an official City letter requesting an official response from FWC to Clearwater’s request to expand the subject wake zone. AND 3.2. FWC (Fish & Wildlife Conservation Commission) – Anchoring Mr. Morris reviewed State efforts to establish consistent statewide anchoring rules. When the State revoked local authority to limit the time vessels can anchor, it promised new anchoring rules would be established by the end of 2014. The FWC has not provided a timeline for its process to assemble data, schedule meetings for public comment, and finalize the rules. Some boat owners blatantly abuse the current status by anchoring in City waters for years; the number of transient boats anchoring in Clearwater continues to increase. Following storms, improperly anchored boats are beached or drift to the Beach Marina or waterfront homes. Some owners anchor their boats as a cost free way to store them. Staff is unable to prove if anchored boats are “derelict” or “in navigation,” or determine ownership of boats that lack current registration. Previous anchoring restrictions in Clearwater were flexible and easy to administer. Discussion ensued regarding locally anchored boats and the State’s determination that anchored boats are “in navigation.” In response to suggestions, Mr. Soto said Clearwater Police intervenes for law enforcement issues, not navigational concerns regarding boats anchored without navigation lights. The federal definition for “in navigation” does not consider boat registration. There are no rules against anchoring boats that are eyesores. Mr. Morris said the City could face liability charges if staff attempts to secure anchored vessels before storms are unsuccessful. Mr. Morris requested board support for an official letter from the City indicating the importance of rules that limit the time transient vessels can anchor and requesting the FWC to report on a date certain for publication of those rules. Member Kelly moved to recommend that the City send two official letters to the FWC: 1) request official response to City’s request to expand the wake zone by the Harbor Marina, signed by the City Manager if appropriate and 2) request the FWC to report on a date certain that it will publish rules that limit the time transient vessels can anchor. The motion was duly seconded and carried unanimously. Marine Advisory 2012-12-12 2 Mr. Morris reported the FWC had responded to a City complaint regarding a derelict vessel north of Island Estates; the trawler was pulled from the water at Seminole Launch Ramp. 4— New Business 4.1. Marina Occupancy Rates Mr. Morris reviewed marina occupancy rates; Harbor Marina occupancy rates average 90% and are higher than at the Beach Marina. The DDB (Downtown Development Board) is contributing $50,000 annually to the Harbor Marina during its first 10 years of operation. This year the Harbor Marina is projected to be $202,000 in the black and the Beach Marina, with a budget that funds all department overhead, is projected to be $32,000 in the red. The Marina sells fuel at competitive rates; there are no plans to increase slip rates, which are slightly higher than the local average. Comments were made that free parking is a valuable amenity at the downtown marina and non-residents rent the majority of slips there. Items not on the Agenda Seminole Launch Ramp Mr. Morris said Super Boat Race participants launch their boats from the Seminole Launch Ramp, which was in bad condition. The Engineering Department has installed new sea walls and sea wall caps there and staff is reviewing landscaping options for the parking lot. The project to bore under the Intracoastal and provide additional power to the beach is using the passive park at the west end of the parking lot. Work, contracted by the Marine Department to resurface concrete at the launch ramps, has begun. The City has received no complaints regarding the condition of launch ramp concrete below the water line. Some parking spaces have been restriped to prevent parked boat trailers from blocking launch ramp access. A new enclosure for the trash dumpster has been built and the kiosk building, set up for parking pass sales assistance, will be removed as it no longer is needed. 5 -Agenda for next meeting on March 13, 2013 Review minimum wake zone request for channel on east side of Island - es. 6—Adjourn The meeting adjourned at 9:13 a. Chair Marine Advisory Board Attest: / / ZilAt� oard Repo Advisory 2012-12-12 3