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03/14/2007 MARINE ADVISORY BOARD MEETING MINUTES CITY OF CLEARWATER March 14, 2007 Present: Paul J. Kelley Chair Edward O’Brien, Jr. Board Member F. David Hemerick Board Member – departed at 9:39 a.m. Mark A. Smith Board Member Bill Stephan Board Member Tim Trager Board Member Tom Calhoun 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 – February 14, 2007 Member Hemerick moved to approve the minutes of the February 14, 2007, meeting as motion submitted in written summation to each board member. The was duly seconded and carried unanimously. 3 – Old Business The Mayor telephoned his appreciation of MAB (Marine Advisory Board) efforts to help pass the downtown boat slip referendum. Draft Waterway Management Plan Review Assistant Marine & Aviation Department Director Bev Buysse said the Waterway Management Plan provides guidance and does not carry the weight of City Code. Personal watercraft guidelines have been added. Marine & Aviation Department Director Bill Morris said dock permitting could require adherence to the Waterway Management Plan. The plan references the Belleair Causeway access due to its proximity to Clearwater Harbor and its impacts on the Seminole Boat Ramp while construction is underway. Once statistics are submitted, the Fire Department equipment section will be completed. Information was requested regarding the Fire Department’s 110 marine unit responders. Scrivener errors were noted. Recommendations were made that the plan include Marina Rules and Regulations, including ingress and egress, and an amendment page that tracks plan changes, that lease language be clarified related to the insurance requirement to hold the City harmless, and that the Legal Department review language related to Harbormaster and City Manager authority. Concern was expressed that listing navigation hazards in the plan could create liability issues. Marine Advisory 2007-03-14 1 In response to questions, Mr. Morris said the Clearwater Beach boat ramp had been repaired. The City reserves the right to use the Drew Street fishing pier for its own purposes. Consensus was for the Waterway Management Plan to include legal City boundaries, be updated regularly to replicate Code, and reviewed every five years by the MAB (Marine Advisory Board), in coordination with Marina Business Plan updates. Ms. Buysse said Florida is reviewing anchorage laws. She will provide members with State definitions. It was felt that flexibility related to live-aboards would occur following a disaster. Concern was expressed that City procedures do not deal with abandoned and derelict boats quickly enough and it was suggested that the City adopt impoundment fee guidelines. Ms. Buysse said costs to tow and store vessels vary greatly. The City prefers that the private market handle these boats. Staff works with problem boat owners, as impounding them is expensive. The majority supported current City practices to handle abandoned and derelict boats. It was recommended that the City be authorized to cite dilapidated docks. Ms. Buysse reviewed her efforts to inventory docks. Mr. Morris requested that dock complaints include street addresses. Action is necessary before navigation hazards result. He has the authority to request that the County look at problem docks and require action. Member Stephan moved to approve the Waterway Management Plan as amended to correct scrivener errors related to the “City Council,” include Marina Rules and Regulations, legal City boundaries, and an amendment page to track plan changes, clarify Harbormaster and City Manager authority and lease language related to insurance, and for the MAB to review the motion carried plan every five years. The was duly seconded and unanimously. Board feedback on recommended changes to City Code Sec. 33 Mr. Buysse said specific language addresses Mandalay Channel zones and event requirements. Mr. Morris reviewed gulf-front corridors that provide hotels with legal access to the water and permit certain accessory uses. Harbor front corridors could also exist. Consensus was to delete the word “beach” from Sec. 33.118, as corridors exist wherever upland property owners own riparian rights. Consensus was for Code to reflect State Statutes. 4 – New Business 938 Square-foot Pier at 410 N. Ft. Harrison Mr. Morris said the MAB is tasked with reviewing proposed docks larger than 500 square-feet. Bill Woods, of Woods Consulting Inc., said this requirement would increase costs. Mr. Morris requested that applicants email him plan narratives for docks larger than 500 square- feet prior to submitting plans for permitting. He will submit only controversial projects to the MAB for review. Marine Advisory 2007-03-14 2 Mandalay Channel Dock Sherry Bagley, of Woods Consulting Inc., reviewed a planned Mandalay Channel, multi- family dock with boatlifts, featuring 16 larger slips that can accommodate 65- to 110-foot boats. She said the dock requires a length variance even though it will be outside the marked channel. As proposed, she said the project will repair the Somerset right-of-way sea wall and construct a six-foot wide, 60-foot long public boardwalk between the set of docks. She said the north piling has a 15-foot setback. In response to a concern that handrails on the boardwalk will block boat access, Ms. Bagley said rails are required by law. She said currently boat access is impossible due to the sea wall. Concern was expressed that the north end of the project abuts residential properties and docks. It was recommended that dock lengths transition from residential areas just as building heights transition at the edges of Beach by Design districts. Member Smith declared a conflict of interest. In response to a question, Mr. Woods said the applicant wants larger slips as an amenity to the condominium development. In response to a concern that parking problems will result, Mr. Woods said slips will be for the sole use of condominium residents. Dock access will be via gates on the public boardwalk. In response to questions, Ms. Bagley said the applicant has requested boatlifts to provide dock owners the option of installing them should they choose. Mr. Woods said few owners use boatlifts for vessels longer than 50 feet. Concern was expressed that the dock would extend 180 feet into the waterway, twice as far as permitted by Code. It was recommended that smaller slips be constructed close to the seawall. It was felt the project is boater unfriendly, prevents public ingress and egress, and would establish a bad precedent by permitting construction on public waterfront right-of-way. Mr. Woods said the boardwalk, built at the applicant’s expense, would create something where nothing exists. It was stated that access to the seawall, where people fish, is not restricted. In response to a concern, Mr. Wood said he would look at reducing the length of the northern docks. It was recommended that the project not restrict public and boating access to the water at the right-of-way. It was stated that boaters currently can drop passengers off at the right-of- way. Mr. Woods said a railing is required unless the abutting water is designated for mooring. Mr. Morris said mooring in the subject area currently is prohibited. The applicant owns all bottomland abutting the proposed upland development and City right-of-way. Mr. Woods said the City‘s ability to build on its riparian rights without permission of the bottomlands owner is a complex issue currently under review. Member Hemerick moved that the MAB approves the dock proposal as presented as long as conditions are met: 1) Public access to the water from the right-of-way not be restricted motion and 2) Nearby parking not be compromised. The was duly seconded. Members O’Brien, Hemerick, Stephan, and Chair Kelley voted “Aye”; Member Trager and Calhoun voted carried “Nay”; Member Smith abstained. Motion . Marine Advisory 2007-03-14 3 . Sandcastle Observation Pier . . Mr. Morris reviewed plans for a four-foot wide, 143-foot observation pier with railings over mud flats in front of the Sand castle property north of the Drew Street Dock. A light at the end is proposed. The only planning concern relates to a conflict between ADA (Americans with Disabilities Act) requirements that the pier be at least six feet wide to accompany wheelchair turnarounds and laws that limit to four feet the width of piers extending over sea grass beds. Opposition was expressed to the planned removal of any mangroves. Mr. Woods said the mangroves would be replaced and shoreline rehabilitated. Construction materials have not been determined. Member Stephan moved that the MAB recommends that the City Council move with caution regarding approving the proposed pier. There was no second. Member Calhoun moved that the MAB recommends approval of the Sand castle Observation Pier as presented. The motion was duly seconded. Members Stephan, Trager, and Calhoun and Chair Kelley voted "Aye"; Member O'Brien and Smith voted "Nay." Motion carried. Discussion In response to a concern that large vessels speed through waterways, Mr. Morris recommended taking photographs or a video of those boats and their wakes. Ms. Buysse reported a committee is being formed to organize celebration of National Marina Day on August 11. 5 - Aaenda for next meetina on April 11, 2007 Following adjournment, the Board Reporter was advised that the April 11, 2007, meeting was cancelled. 6 - Adiourn c- - ~~~ } .... --.. Chair, Marine Advisory Board The meeting adjourned at 9:52 a.m. ~4- nee 5 ~..J Board Reporter Marine Advisory 2007-03-14 4 FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL AND OTHER LOCAL PU8LICOFFICERS ST N ME-FIRST NAM;-~IDDlE NAME ",.t blrl,?^- MAILING ADDRESS 16 o.d e :31'7 NAME OF BOARD, COUNCil, COMMISSION, AUTHORITY, OR COMMITTEE et,...~flle V~~O~ THE BOARD, COUNCil, COMMISSION, AUTHORITY OR COMMITTEE ON WIjlCH I SERVE IS A UNIT OF: MCITY 0 COUNTY 0 OTHER lOCAL AGENCY NAME OF POLITICAL SUBDIVISION: MY POSITION IS: o ELECTIVE .ef APPOINTIVE 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 A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which res to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- ure 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 should incorporate the form in 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. I, rY\ {}. rh- E; M~ }L DISCLOSURE OF LOCAL OFFICER'S INTEREST f'-( , hereby disclose that on 6 ,20 () / : (a) A measure came or 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 . \JoeJ- -\.i:;> Nex-+ -pCaX"' ~ (Y\.( ~0(Y\E? (.L-t ....\.. -L \l _8 bu e~~ ,. 'l:)( ~ S f\)sT l.t. ~Ol I 70 \ ra 0\..7 6's{b a/IY /07 Date Filed ;/~;/ ~ , Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSUR CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMEN 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