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12/08/2004 . 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..." . 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. Marine Advisory 2004-12-08 1 . 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. . Marine Advisory 2004-12-08 2 . . . 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. Marine Advisory 2004-12-08 3 . 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 . . Marine Advisory 2004-12-08 4