10/13/2004
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MARINE ADVISORY BOARD
CITY OF CLEARWATER
October 13, 2004
Present:
Tom Horne
David Hemerick
Paul J. Kelley
Nick Matsis
Edward O'Brien
Dick Safirstein
Chair
Board Member
Board Member
Board Member
Board Member
Board Member
Absent:
Hank Epstein
Board Member
Also Present: Bill Morris
Catherine Yellin
Brenda Moses
Marine & Aviation Department Director
Senior Staff Assistant
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 from September 9. 2004
Member Matsis moved to approve the minutes of the regular meeting of September 9,
2004, as submitted in written summation to each board member. The motion was duly
seconded and carried unanimously.
3 - Other Business
Transfer fee for Marina boat tenants
Marine & Aviation Department Director Bill Morris said some of the commercial tenants
at the marina are upset about the three-year transfer fee, claiming they cannot recoup their
initial investment, the premium they paid over the value of the boat to get into the marina, if the
City "took some of their money" when they sell their businesses. The tenants have requested
that the City offer a longer commitment or reconsider the amount of the transfer fee. The Legal
Department is steadfast regarding the term of the transfer fee.
Insurance Requirements for private boat tenants
Mr. Morris said many boats at the marina were not secured or improperly secured during
recent storms. Some boat owners lacked property or liability insurance coverage. A clause is
under review by the City's Legal and Risk Departments to tenants' slip rental agreements that
requires tenants to provide the City with proof of liability and property insurance. While current
agreements have not been modified yet, tenants are being encouraged to secure liability
insurance.
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Discussion ensued with comments that tenants should be responsible for damages their
vessels cause to City property, all new tenants should be required to carry liability and property
insurance, and the City should provide current tenants with adequate time to obtain insurance if
they are not covered currently.
In response to a question, Mr. Morris said the City notifies the County to remove
deteriorated or abandoned vessels. Salvage companies sometimes remove derelict vessels if
they have any value. It was remarked that transient vessels move frequently and generally are
in good shape.
No-wake Zones
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Mr. Morris said the State has made the determination that waterfront property residents
should anticipate exposure to wind and wave action. The State opposes excessive waterway
regulations and expanding wake zones. He said the wake zone in Mandalay channel was
expanded before the State toughened its philosophy regarding wake zones. Boat industry
lobbyists support the reduction of boater restrictions. Mr. Morris sent letters to Marina del Rey
residents regarding their responsibility for wakes they create. He said once educated, most
boaters do their best to avoid damaging property or injuring manatees. As there is little marine
enforcement to monitor local waterways, Mr. Morris said the best alternative is to continue to
educate boaters and identify and target negligent operators. Mr. Morris offered to write letters to
these offending boaters, an approach that worked successfully in Marina Del Rey, when the
wake zone expansion was denied by the State. It was suggested if the City challenges the
State's opposition to extending Mandalay channel's no-wake zone, the State could remove the
current no-wake zone entirely. Mr. Morris said moving a channel marker requires approvals by
the City, County, State, ACOE (Army Corps of Engineers), FDEP (Florida Department of
Environmental Protection), and the Coast Guard.
More than ten persons were in attendance to address the Mandalay channel no-wake
zone. Three persons supported extending the no-wake zone to protect life and waterfront
property. Concern was expressed that boaters complying with no-wake zone regulations create
wave action when they stop. One person said the wake zone does not comply with current
regulations and should be removed if it cannot be extended.
It was suggested that wake-caused injuries be reported to the Game and Freshwater
Commission of the Department of Natural Resources. It was suggested residents request
patrolling assistance from the Coast Guard Auxiliary and the U.S. Power Squadron. It was
stated by a board member that the MAB (Marine Advisory Board) previously addressed these
issues no avail, and the State continues to oppose extending the no-wake zone. The MAB
understands and appreciates waterfront property owner concerns.
It was suggested that homeowners erect "minimum wake" signs on their docks. Mr.
Morris said residents could contact the City regarding the appropriate size for dock signage,
which cannot list a City ordinance number, be vulgar, or threatening. The signs would not be
enforceable, as they are not written into the City's Code, but would remind boaters they are
responsible for their wake. It was suggested residents write letters to the City Council, gather
petitions, forward boat "FL" registration numbers of negligent boaters to Mr. Morris, and attend
City Council meetings to voice their concerns.
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Other
MAS Chair Horne announced his resignation, effective immediately. He enjoyed his
service on the board.
4 - Aaenda for next meetina on November 10. 2004
5 - Adiournment
The meeting adjourned at 9:00 a.m.
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oard Reporter
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