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11/10/1999MARINE ADVISORY BOARD CITY OF CLEARWATER November 10, 1999 Present: David Hemerick Chair Bill Wilhelm Board Member Donald McFarland Board Member Hank Epstein Board Member Nick Matsis Board Member Dick Safirstein Board Member Absent: Tom Horne Board Member Also Present: Bob Clark City Commissioner Michael J. Roberto City Manager Bill Horne Assistant City Manager William Morris Harbormaster Rich Baier Public Works Administrator Brenda Moses 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. Board members welcomed Commissioner Bob Clark, City Manager Michael Roberto, Assistant City Manager Bill Horne, and Public Works Adminsitrator Rich Baier. ITEM 2 – Minutes Approval Member Safirstein moved to approve the minutes of the regular meeting of October 13, 1999, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. ITEM 3 – Update on Army Corps. Of Engineers Harbormaster William Morris said the Army Corps of Engineers, Coast Guard, and FDEP (Florida Department of Environmental Protection) will tour the shoaling area, the main channel to the Intracoastal, alongside the Memorial Causeway. Information regarding the December date and time will be distributed. Participation is welcome. ITEM 4 – Other Business Parasail and Waverunner Accidents Mr. Morris reviewed recent parasail and waverunner accidents near Clearwater Pass. The Florida Marine Patrol report indicates no injuries had occurred when a chartered fishing boat struck a reckless waverunner operator. Minor damage to the boat and waverunner is estimated at $2,500. The waverunner operator, helped to shore by a boater, has disappeared. After ticketing the operator for violations of navigational rules, it was determined the driver’s license presented had been reported stolen. The MAB (Marine Advisory Board) had previously expressed opposition to Shepherds’ application for a waverunner rental business. It was felt these types of recreational activities are inappropriate in this area. It was indicated the request by Clearwater Marineways had been denied. The Ramada Inn, adjacent to Shepherds, has requested permission to run a waverunner rental business. In response to a question, Mr. Morris said this is the first waverunner accident at Shepherds of which he is aware. He said Florida Marine Patrol and Pinellas County Sheriff’s Office accident tracking system makes it difficult to prove an area is unsafe for personal watercraft operations. Many waverunner operations are partnered with parasailing operations. The businesses have cooperated and agreed to areas of operation. Mr. Morris has not discussed the incident with Shepherds. In response to a question, he said the waverunner rental business at the Radisson has no dock. The no-wake zone in Clearwater Pass is posted, enforced, and violators are ticketed. Concern was expressed no-wake signs cannot be collocated with existing navigational aids on the pass’s south side due to a conflict in the shapes of the signs. Mr. Morris said just prior to the parasail accident, he had discussed safety concerns and operation areas with 3 of the 5 parasail operators. Seagrass beds on the Intracoastal are of concern. Parasail operators and fishermen have similar needs related to water depth. Consensus was to recommend monitoring parasail operations, if approved, on the Intracoastal and Channel 17 to ensure cooperation among waterway enthusiasts. Mr. Morris said the Coast Guard has no interest in regulating parasail businesses. Of 200,000 parasailing operations in Clearwater waters during the past 9 years, only 2 accidents have been documented. Near misses, towline breaks, etc. are not always reported. Mr. Morris is scheduling meetings with Mark McCullough, a court-recognized expert witness in parasailing, and local parasail businesses to review operation guidelines, equipment safety checks, and standard operating procedures, discuss use of the Intracoastal, and consider the size, type, length, and useful life of tow lines. Discussion ensued regarding the permitting and regulatory process. Parasail and waverunner rental businesses are required to have insurance liability coverage. Businesses operating out of the Clearwater Marina list the City as a co-insured party. Concern was expressed that no wind condition/direction restrictions apply to parasail operations. It was suggested an ordinance be adopted to regulate personal watercraft operations in the Intracoastal. A balance between stringent rules and negligent standards was recommended to control liability. While bay waters are located within City limits, Gulf waters are not. Roundabout Update Public Works Administrator Rich Baier said traffic now moves through the roundabout. Signs direct traffic to the Marina. Some Marina tenants have requested signs be posted “Marina business parking only.” Concerns have been expressed regarding Marina business employees parking in prime spaces intended for patrons. Mr. Morris recommended building and marina tenants discuss restrictions for the Marina parking lot and nearby shell lot. The City is considering moving beach lifeguards and concession operators to free up parking spaces at the beach and 60 spaces in front of the Marina building. Mr. Baier said the temporary lot on the Memorial Causeway has been enlarged and now accommodates buses. The City Manager said that parking lot will remain open until the Mandalay Avenue garage is constructed. It has not been determined if the lot will be permanent. Mr. Morris said the Marina pays police aids on weekends and holidays to patrol the Marina parking lot and encourage beach visitors to park at the causeway lot. The Grand Opening of the roundabout is on December 21, 1999, at 5:30 p.m. A written invitation will be sent to the Board. Mangroves Mr. Baier reported mangrove trimming is heavily regulated. The issue will be discussed at the next work session. It was remarked that legislation could be amended. Sailing Center Ramp Construction Mr. Morris said on October 29, 1999, the County permit was issued for Sailing Center launch ramps. Construction will be completed by late February 2000. New City Waverunner Mr. Morris said most waverunner manufacturers sponsor programs for fire departments and law enforcement. Lifeguards cannot enforce safe bathing limits from paddle boards due to waverunner and power boat intrusions. Barney’s will sponsor a waverunner for City lifeguard operations. The Fire Department will provide operational and safety training. He noted the difficulty of identifying private boat and waverunner license numbers. The City’s waverunner will be used to patrol the beach, not for pursuit. MAB Participation in Marine-Related Decisions Ongoing concerns were expressed that MAB does not participate in key decisions affecting marine operations. It was felt communication related to bridges and marine related issues is deficient. The City Manager said the City lacks adequate logistical staff to determine which issues should be presented to MAB and at what stage. All advisory boards would be overwhelmed if included in the discussion stages of all proposed projects. Mr. Baier said public meetings are the best way to inform residents and businesses of proposed projects and developments. It was noted MAB is responsible for making recommendations to the Commission. Concern was expressed the City had not requested MAB input related to the bicycle path proposed for the new Memorial Causeway Bridge, boater’s rights on Sand Key, etc. The City Manager agreed bayfront docks and other water-related activities should be presented to MAB for discussion. Staff expressed concern that the MAB’s scope may be too broad. It may not be possible to obtain MAB input regarding everything that floats. The pedestrian walkway beneath the small bridge was not considered to be water-related nor requiring MAB input. It was stated the walkway prevents use of the new fishing pier’s north side and fishing activity off the seawall. It was stated as many projects impact Intracoastal activities, the Marina, bayfront, boating activities, docks, etc., the MAB should be involved in the planning stages of projects. The City Manager said the underpass is as safe as possible and complies with all governmental regulations and specifications. In response to a question, Mr. Baier said the $935,000 bicycle path between the City dock at the bait house and existing bridge will be similar to one at the Glen Oaks golf course. A minimum navigational clearance will be necessary. Only initial discussions have occurred. Design and route have not been determined. Mr. Baier requested board members forward to him any related concerns. In response to a question, Mr. Baier said a turnaround opening through the median between the bridge and Island Way has no designated turn lane. It was suggested a dock be constructed at the rebuilt seawall in front of the City’s new Island Estates’ park. Mr. Baier said the City does not own the waterfront lot. Concern was expressed a revised Ordinance defining a public beach was presented as a law enforcement issue, not a waterway issue. The Harbormaster was not included in discussions of this issue until marking the beach became an issue. Staff has felt applying for project grants and initial project discussions are beyond the MAB’s scope of responsibility. Staff welcomes MAB input regarding physical designs that impact waterways. The City Manager said staff has not intentionally excluded the MAB regarding any water-related issues. MAB members requested being “in the loop” in the future. For example, any bayfront redevelopment would impact City waterways. The City Manager suggested over the next 3 – 4 months that staff develop a written plan regarding their capacity for addressing related waterway issues affecting the MAB. After the City Commission has clarified the plan and provided direction, staff will present the plan to the MAB to see if board expectations have been met. In response to a question, the City Manager said copies of work session and Commission meeting minutes are available from the City Clerk Department. Commissioner Clark said he plans to attend MAB meetings when possible, share MAB concerns with the Commission, and inform the board of pertinent information. ITEM 5 – Adjournment The meeting adjourned at 9:30 a.m.