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01/22/2002SPECIAL CITY COMMISSION MEETING CITY OF CLEARWATER January 22, 2002 Present: Ed Hart Vice-Mayor/Commissioner Whitney Gray Commissioner Hoyt P. Hamilton Commissioner William C. Jonson Commissioner Absent: Brian J. Aungst Mayor/Commissioner Also present: William B. Horne II City Manager Garry Brumback Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Patricia O. Sullivan Board Reporter The Vice-Mayor called the special meeting to order at 9:01 a.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #2 – Accept a Public Use Easement for Submerged Land from the State Department of Environmental Protection to allow maintenance dredging of Clearwater Pass. The project, maintenance dredging of Clearwater Pass and adjacent federal waterways, requires the City to accept this easement. The Public Use Easement will provide the City proprietary rights to the submerged land for the sole purpose of maintaining federal navigational channels. The channel will be dredged to a required depth of 10 feet below MLW (mean low water) in the entrance channel between the Clearwater Pass Bridge and Gulf of Mexico, and to 8 feet below MLW between the bridge and junction with the GIWW (Gulf Intracoastal Water Way), and into the harbor. The allowable over dredge depth is 2 feet. Approximately 30,000 cubic yards of dredged material will be unloaded between 300 and 400 yards offshore, north of Pier 60. Dredge material will be placed 8 feet below MLW. Subsequent maintenance dredging frequencies have not been determined. Over the past three years, the City, U.S. Army Corps of Engineers, and FDEP (Florida Department of Environmentally Protection) have collaborated on this project. The Army Corps and FDEP have all permit authority, money, resources, and equipment. The City is receiving a million dollar dredging project during tight economic times, after it was legislatively tabled 2 years ago. There is no cost to local taxpayers or users, both recreational and commercial. The Corps has offered to use their own equipment, rather than a contractor’s, saving the Corps approximately $400,000. By following their guidance, the project can be completed this year without further delay. Army Corps of Engineers equipment is available for this project between January 23, 2002 and mid-March. After that, the City will lose Corps resources and will have to lobby again for project funding and resources. Efforts by the City Clerk’s department are responsible for appropriate legislative attention to this project during the last legislative session. Marine & Aviation Department Director Bill Morris reported Pinellas County had requested the dredged sand. The U.S. Army Corps of Engineers could make the sand available only if the County financed the additional $600,000 required for use of special equipment necessary to relocate the dredged materials. Agreements to dump the sand on hotel properties that front Clearwater Pass have expired. In response to a question, Mr. Morris said he had questioned the U.S. Army Corps of Engineers and FDEP if acceptance of the public use easement would create a future financial liability for the City. The agencies had stated the agreement provides the City proprietary rights regarding requests to lay underground cable or pipeline in the subject area and exclude entities from getting a permit to use the area. The City is not responsible for financing future dredging projects of the subject federal waterways. In response to a question, Mr. Morris said the U.S. Army Corps of Engineers had determined the proposed location to deposit the sand north of Pier 60 is most beneficial to the City as the sand will accrete to north beach. The Corps had rejected a site off Sand Key due to concerns the sand would accrete back into Clearwater Pass. The Corps opposed dumping the sand on hotel properties along Clearwater Pass without the property owners first financing additional studies and constructing groins. The U.S. Army Corps of Engineers has made six visits to this area and studied the movement of the sand over the past 15 years. Commissioner Hamilton moved to authorize the City Manager to accept a 10-year Public Use Easement from the State of Florida Bureau of Public Land Administration, Division of State Lands, for those submerged lands and navigable waterways in and around the City necessary for the Army Corps of Engineers to maintain federal navigable channels in Clearwater Pass and surrounding areas and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #3 - Adjournment The meeting adjourned at 9:12 a.m.