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10/11/2006 MARINE ADVISORY BOARD MEETING MINUTES CITY OF CLEARWATER October 11, 2006 Present: Paul J. Kelley Chair Edward O’Brien, Jr. Board Member F. David Hemerick Board Member Mark A. Smith Board Member Charles Cashman Board Member – departed 8:57 a.m. Bill Stephan Board Member Absent: Frank L. Dame Board Member Also Present: Bill Morris Marine & Aviation Department Director Bev Buysse Assistant Marine & Aviation Department Director Brenda Moses 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 – September 13, 2006 Member O’Brien moved to approve the minutes of the September 13, 2006, meeting as motioncarried corrected by staff. The was duly seconded and unanimously. 3 – Old Business Resident Recreation Zone between Devon and Brightwater Member Hemerick declared a conflict of interest. Marine & Aviation Department Director Bill Morris reviewed his proposal to shift smaller vessels (i.e. personal watercraft, rental boats, and parasail boats) and commercial vessel traffic closer to the causeway and enlarge the transition zone where boats must throttle back. He discussed the impact and sought board input regarding proposed Slow Speed Minimum Wake Zone restrictions on the waters between Devon and Brightwater drives. Discussion ensued with a remark that a corridor between the edge of the channel and the buoys would allow parasail boats to speed to the tip of Devon Drive. Comments were made that this proposal will address jet skiers which run past the point, that wake zones cannot be enforced unless they are marked, and that vessels, during low tide, should not be directed to areas off the points, where significant shoaling has occurred. Discussion ensued regarding moving the channel markers to a more north/south configuration. Marine Advisory 2006-10-11 1 Member Cashman moved to recommend to the City Council that the buoys be positioned from the northeast corner of Bayside Drive to the southwest intersection of the cut motion channel and existing day marker (Green Day Marker Number 9). The was duly seconded. Members O’Brien, Smith, Cashman, Stephan, and Chair Kelley voted “Aye.” carried. Member Hemerick abstained. Motion Waterway Management Plan Mr. Morris distributed handouts from Member Dame for discussion on November 8, 2006. It was stated that examples of waterway concerns would enhance the discussion. Mr. Morris reported the turnstile near the Seminole Boat Ramp will be removed as part of the promenade contract. He said the Downtown promenade resulted from MAB input; as the “bents” otherwise would have been removed. 4 – New Business Tackney & Associates Jetty Project Mr. Morris said to retain sand, Tackney & Associates, representing hotels along the north shore of Clearwater Pass, wants to construct rock tees at the end of existing groins that are perpendicular to the shoreline. The intent is to provide breaks in the tees for customer access to hotel properties. The subject area would be neither marked nor lighted. Discussion ensued with comments that the proposal will cause sand to accrete unevenly along the shoreline and that construction of the tees only should be permitted if the developer owns the property. Mr. Morris said the City does not own the property. As proposed, upland property owners will pay for construction of the tees, backfilling the groins, and maintenance. It was recommended that the City require the property owners/private developers to first conduct a study regarding project effects on the environment, such as erosion, etc. Mr. Morris said USACOE (United States Army Corps of Engineers) had suggested the tees. Concern was expressed that rock jetties are unsafe for swimmers. In response to a comment, Mr. Morris said Shephard’s dock/deck is located on City right-of-way. Consensus was that additional project information was needed before the Board could make recommendations on this issue. Downtown Boat slips Update Mr. Morris said the Council had deferred the Downtown boat slip ballot question to March 2007. The City is moving forward with public meetings and a graphics presentation. In response to a question, Mr. Morris said the dockmaster facility would have to be 14-feet above BFE (Base Flood Elevation) if constructed underneath the Memorial Causeway Bridge. Instead, the facility will be housed in the Drew Street dock structure. Floating docks are not subject to floodplain regulations. The pier dock is open only for special events. Discussion ensued regarding the November 11, 2006, Ironman event, with suggestions that the Drew Street dock be opened during the event. Mr. Morris is awaiting a response regarding that request. It was remarked that boaters also could use the Seminole docks. Marine Advisory 2006-10-11 2 . 5- Aoenda for next meetino on November 8. 2006 6 - Adiournment . . The meeting adjourned at 9:04 a.m. Marine Advisory 2006-10-11 Chair Marine Advisory Board 3 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS LAST AME-FIRST NAME-MIDDL . r: THE BOARD, COUNCIL, COMMISSION, WHICH I SERVE IS A UNIT OF: ~TY 0 COUNTY NAME OF POLITICAL SUBDIVISION: o OTHER LOCAL AGENCY MY POSITION IS: o 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 uresto 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 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who shoutd-mcorporate-the'fol:m ifi"the minutes. * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must 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 for recording 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 I, hAv d~ f-(I=. fi)aJ ~l< , hereby disclose that on /0/11 ,20~: I (a) A measu':~~r 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 , by 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: , which / () .~.:;J.3 -c;:2Lth \~~ Signature Date Filed 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 PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 1/2000 PAGE 2