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09/13/2006 MARINE ADVISORY BOARD MEETING MINUTES CITY OF CLEARWATER September 13, 2006 Present: Paul J. Kelley Chair Edward O’Brien, Jr. Board Member F. David Hemerick Board Member Frank L. Dame Board Member Mark A. Smith Board Member Charles Cashman Board Member Empty 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 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 – July 12, 2006 Member Dame moved to approve the minutes of the July 12, 2006, meeting as corrected motioncarried by staff. The was duly seconded and unanimously. 3 – Old Business Follow-up from Boat Count Assistant Marine & Aviation Department Director Bev Buysse distributed information regarding Clearwater Harbor traffic usage, based on board member counts on Wednesday, June 28, 2006, and Saturday, July 15, 2006. Traffic was heaviest on Saturday. On Wednesday, small power boats made up the majority of boat traffic, followed by personal watercraft, with peak traffic hours between 2:00 and 3:00 p.m. On Saturday, small power boats made up the majority of boat traffic, followed by large power boats, with peak traffic hours between 3:00 and 4:00 p.m. Ms. Buysse will review statistics with members as necessary. 4 – New Business Discussion of Board Opening Following discussion, consensus was to recommend the appointment of Bob Clark. Wake Zone Entering Marina Member Hemerick declared a conflict of interest. Marine Advisory 2006-09-13 1 Marine & Aviation Department Director Bill Morris reviewed his recommendation to shift some commercial vessel traffic, generally smaller vessels (i.e. personal watercraft, rental boats, and parasail boats) closer to the causeway and enlarge the transition zone, where boats must throttle back. Strong wakes from large boats into the marina pose dangers to the fuel dock. The current pattern was not intended to allow personal watercraft (i.e. jet skis) and parasail operators to run at speed to Devon Point. It was recommended that jet skis and parasail operators be required to hug the causeway until they pass Bird Island. Concern was expressed that traffic moves within 20 to 25 feet of private docks near the point. It was recommended that the City rescind dock permits for vessels that violate wake zone requirements in the marina area. It was recommended that existing zones in the waterway adjacent to and east of the marina basin “No Wake Zone” be modified to retain an existing recreation area for smaller vessels, and that high speed and smaller commercial vessels be required to hug the causeway if traveling above the minimum wake speed. Larger vessels, due to their draft, would remain in the marked channel. Mr. Morris said some personal watercraft use the area near the point and adjacent basin for recreation. No “parasail” commercial licenses are required for parasail vessel operators; normal passenger-for-hire license requirements apply. Wake zone changes cannot be enforced until State approval occurs. He said marina personal watercraft operations are in jeopardy due to repeated customer and commercial business employee violations. One resident said jet skis operating too close to residential docks are a private property issue. Daily violations impede on privacy. Also jet skis without running lights after dark present a safety issue. Member Dame moved that the edge of the minimum wake zone should run from the east end of Bayside Drive north to the Memorial Causeway with a speed corridor for Personal Watercraft running east along the Memorial Causeway from the small bridge to the main motion channel. The was duly seconded. Members O’Brien, Dame, Smith, and Cashman, and carried Chair Kelly voted “Aye”; Member Hemerick abstained. Motion . Miscellaneous Items Ms. Buysse reviewed staff use of the new pump-out boat. Mr. Morris reported during Labor Day weekend, a boat had crashed onto the rocks behind the former Adams Mark Hotel. He expressed concern the site developer does not plan to remove nearby unmarked pilings that are barely visible during high tide. The City is trying to obtain permission to put a light at the end. Concern was expressed that the jetty by Sand Key also is unlit and poses a danger. Member Smith moved that the pilings behind the site of the former Adams Mark Hotel, the Sand Key jetty, and the turnstile by the Seminole Boat Ramp be marked with lights and that motion the pilings and turnstile be removed as soon as possible. The was duly seconded and carried unanimously. Mr. Morris reported the referendum for the downtown boat slips had been deferred until March. Increasing proposed rates to $14.50 per foot, still less than average rates in Florida, will help close the funding gap. Senior Staff Assistant Catherine Yellin said the City is applying for a Marine Advisory 2006-09-13 2 $900,000 “+”grant for transient vessels. In response to a statement that marinas in Key West remain full while charging up to $80 a foot, Mr. Morris said the City is trying to keep slips affordable for residents. Clearwater residents will have the first opportunity to rent slips, which will be distributed by lottery. Public access will remain open until 9:00 p.m. Discussion ensued with recommendations that staff develop an information package for MAB members to respond to misinformation and for the City to highlight the downtown boat slip proposal during Jazz Festival. Mr. Morris suggested a photograph of the boat slips could be displayed unobtrusively. Member Cashman offered to follow-up on suggestions to broadcast 30-second blurbs on the boat slips at the festival on big screens, as his company is a sponsor. Mr. Morris reviewed plans to refurbish the building at the Drew Street Dock, first with restrooms, and eventually with showers and a small dockmaster/security office. Fishing will be available 24 hours a day as it was at the original downtown fish pier removed as part of the new bridge construction. At night, a Police Aide will watch the boat slips and restrooms. A video surveillance system will be part of the site security plan if the referendum is passed. Mr. Morris presented a rendering of proposed permanent parking along the Causeway. Bus parking is not contemplated. Support for bus parking on the beach was expressed as buses reduce the number of vehicles on the beach and it was commented that tourist season traffic is too heavy to require bus drivers to drive roundtrip to Harborview Center to park. Concern was expressed that parking on the Causeway should not be permitted as it lacks aesthetics. Mr. Morris said landscaping would be required. Bus parking could be relocated to the Marina. Support was expressed for increased landscaping to block south beach residents’ views of parked vehicles. One resident opposed more concrete and parking on the Causeway as many residents enjoy the green space by walking there and observing nature. In response to a question, Mr. Morris said there is no master plan for parking. MAB members discussed their concerns that ferries and shuttles will be inadequate to meet parking needs during high season. Members felt the City would be derelict in its responsibility by removing publicly owned parking without providing adequate alternatives for residents, and that parking on the causeway should be temporary, not permanent, as it is aesthetically displeasing. Consensus opposed the use of public ferries to transport visitors between downtown and the beach. In response to a question, Mr. Morris said he is not a party to a request from government agencies for more information related to the application for docks in the Yacht Basin. It was recommended that the City create more dock space near north beach restaurants and it was suggested that land owned by Progress Energy near the Clearwater Beach Recreation Center could be used for that purpose. In response to a question, Mr. Morris reviewed City efforts related to boats parked at private docks. The City Attorney has given the Police Department permission to proceed with posting boats tied to private property for removal. A sticker is being developed. Marine Advisory 2006-09-13 3 . . . 5 - Aaenda for next meetina on October 11. 2006 6 - Adiournment The meeting adjourned at 9:40 a.m. ~ .. /It1tlS2))/~ Board Reporter Marine Advisory 2006-01-11 4 FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS MIDDLE F". NAME OF BOARD, COUN l2hv THE BOARD, COUNCIL, COMMISSION WHICH I SERVE IS A UNIT OF: g-tJTY a COUNTY NAME OF POLITICAL SUBDIVISION: MMITTEE a OTHER LOCAL AGENCY MY POSITION IS: a ELECTIVE ~PPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which ures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock eXChange). * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYSAFTER THE VOTE OCCURS bycompl.eting and filing this form with the person responsible forrecording the min- utes ~ 'm'EietiRg~WI'lo. shoI::J1d-i1ICCSfj5d\iffEf thErftmn iri1he minutes. * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you ust disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible forrecording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) . A copy of the form must be provided immediately to the other members of the agency. . The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You must disclose orally the nature of your conflict in the measure before participating. . You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST >V1 V I b Hqn Ee I e. K , hereby disclose that on ~;; 3fo~: I, (a) A measur~~ will come before my agency which (check one) / inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: , by , which ./(J-;0'-v2tr:Yb Date Filed ~. C""'I\,(__._S;.~. -S- ~~t' ~~ 'Yo.J ""-'" Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENAL TV NOT TO EXCEED $10,000. CE FORM 88 - EFF. 1/2000 PAGE 2