12/08/2004
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MARINE ADVISORY BOARD
CITY OF CLEARWATER
December 8, 2004
Present: Paul J. Kelley
Hank Epstein
David Hemerick
Edward O'Brien
Dick Safirstein
Frank Dame
Chair
Vice-Chair
Board Member
Board Member
Board Member
Board Member
Absent: Nick Matsis
Board Member
Also Present: Bill Morris
Teresa Finch
Catherine Yellin
Brenda Moses
Marine & Aviation Department Director
Environmental Manager - 8:06 - 8:40 a.m.
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 - November 10. 2004
. Member Dame requested that sentence one, paragraph six, on page 3 read "...Island
Estates Yacht Club..."
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Member O'Brien moved to approve the minutes of the November 1 0, 2004, meeting, as
corrected. The motion was duly seconded and carried unanimously.
3 - Guest Speaker - Terry Finch. Environmental Manaoer re: Downtown bridoe footprint
Marine & Aviation Department Director Bill Morris distributed a conceptual plan for the
Downtown marina, which must comply with FDEP's (Florida Department of Environmental
Protection) 150 boat threshold and seagrass regulations. For design, the City hired a consultant
firm, which determined the size of boat slips, which will face west and accommodate up to 150
vessels. It was remarked the last referendum was poorly worded, and Downtown marina issues
should have been addressed separately. Mr. Morris said Public Communications staff has
addressed that failure and determined that the public would embrace a Downtown marina,
which would serve as a catalyst for Downtown development. Plans are to schedule a
referendum in Spring 2006 to include a separate question regarding the Downtown marina.
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Discussion ensued with comments that the City should begin a public relations
campaign to educate the public regarding Downtown marina plans, that the promenade is too
valuable to be left idle and alternative engineering and concepts should be considered now
rather than delay action and depend upon referendum approval, and that T -docks, a small
temporary marina, and other amenities not requiring referendum approval should be considered
now. In response to a suggestion that long-term prepaid licenses could be used to offset
construction costs, it was remarked that most residents could not afford them. Mr. Morris said
other issues related to Downtown development, such as sale of the Calvary Baptist Church and
future use of the City Hall property, may affect the date of the referendum related to the marina.
In response to a question, Environmental Manager Teresa Finch said the Downtown
marina cannot move ahead without a referendum. Property ownership issues and a reverter
clause require the City to use the property only for public purposes, and forbid its management
by a private developer. Any profit derived from the property would revert back to the State.
Member Hemerick moved to recommend the City Council direct staff to consider
alternate uses for the promenade, i.e. construction of a fishing pier as an interim measure in
conjunction with revitalization of the Drew Street dock. The motion was duly seconded and
carried unanimously.
It was suggested that the Drew Street dock be promoted as a fishing pier and for use by
commercial vessels.
The Chair will request to meet with the Vice-Mayor to express MAB (Marina Advisory
Board) viewpoints regarding use of the promenade area, and the importance of not delaying the
planning process while hoping a 2006 referendum will pass.
Dock standards
A resident reported the Clearwater beach police substation dock on Bayway Boulevard
is dangerous and not secured. He suggested City policy require contractors to carry
longshoreman insurance to protect waterfront property owners and the City, which signs off on
dock permits, from lawsuits.
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Discussion ensued regarding dock permits and inspections, with comments that the one
dock inspector for the County cannot inspect all dock construction and Clearwater now requires
engineering drawings with applications for roofs over boatlifts.
Member O'Brien moved that the City's Risk Management Department research dock
issues. The motion was duly seconded.
It was stated that the City is self-insured and is not required to carry longshoreman
insurance. Mr. Morris said the City most probably will await action by the County, which
inspects docks. It was stated the City should expect contractors that build docks meet City
standards.
Upon the vote being taken, the motion carried unanimously.
4 - Other business
Mandalay Slow Speed Minimum Wake Zone Extension
Mr. Morris said the FWC (Fish and Wildlife Commission) has indicated possible support
of extending the Mandalay Slow Speed Minimum Wake Zone, due to the area's "blind corner."
One north beach resident, who likes to water ski, objects to the extension, as few areas are
available for that sport.
One resident supported extension of the minimum wake zone.
Discussion ensued with comments that FWC plans to curtail waterway restrictions and
could rescind current wake zone restrictions unless legitimate issues are established, that the
northern portion of Mandalay Channel was not included in the current wake zone, and that
some California cities limit certain water activities to specific hours.
In response to a question, Mr. Morris said if the Mandalay wake zone is extended,
boaters will take longer to egress the channel. The biggest impact of the extension would be to
prohibit waterskiing in one more area.
Member Dame moved to recommend that the City Council approve extending the
Mandalay Channel minimum wake zone to the end of Island Estates. The motion was duly
seconded and carried unanimously.
Transfer fee
Mr. Morris said he is modifying the three-year transfer fee language to allow family
members to transfer ownership of their marina boat business to other family members. The
original intent of the transfer fee was to stop someone from buying into an existing
boat/business and having the owner change the business type to something else to bypass the
terms of the original dock permit. New language will reduce the financial impact of transferring
business ownership to a family member. The fee to new businesses will be increased.
Concern was expressed while the City offers long-term licenses to other businesses
operating on City-owned property, marina tenants' licenses can be cancelled with only a 30-day
notice. It was suggested the City address the situation, which adversely affects Marina
business owners who need to refinance or obtain business loans.
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. Member Safirstein moved to recommend that the City Council establish a finite period for
docking permits. The motion was duly seconded. Members Epstein, Hemerick, O'Brien,
Safirstein, and Dame voted "Aye"; Member Kelley abstained. Motion carried.
5 - Adiournment
The meeting adjourned at 9:22 a.m.
Attest:
1Yz fLrv/ee '1rJ O~ )
Board Reporter
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