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02/13/2002MARINE ADVISORY BOARD CITY OF CLEARWATER February 13, 2002 Present: Tom Horne Chair Hank Epstein Board Member Nick Matsis Board Member Paul J. Kelley Board Member Dennis Sparks Board Member Edward O’Brien Board Member Absent: Dick Safirstein Board Member Also Present: Bill Morris Marine & Aviation Department Director Gina Clayton Long Range Planning Manager Rich Kephart Senior Planner Catherine Yellin Senior Staff Assistant 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. ITEM 2 – January 9, 2002, Minutes Approval The Chair requested that regarding Item #2, sentence one, read: “Consensus was to approve the minutes of the regular meeting of December 12, 2001, as submitted.” Member Epstein moved to approve the minutes of the regular meeting of January 9, 2002, as amended. The motion was duly seconded and carried unanimously. ITEM 3 – Guest Speaker Gina Clayton, Long Range Planning Manager, City of Clearwater Long Range Planning Manager Gina Clayton briefly reviewed some of the changes suggested at the last MAB meeting to the proposed Code amendments regarding marine provisions. She said the current Code only addresses commercial docks on land, not on the water. The regulation being proposed would require that marina facilities shall comply with the commercial dock requirements in the Code, which means they would have to pass environmental standards and be reviewed by the CDB (Community Development Board). The Director of Marine and Aviation Bill Morris sits on the DRC (Development Review Committee) and would be aware of all dock issues. Mr. Morris would be responsible to keep the MAB informed of any pending marine issues. Mr. Morris said he had not received the e-mails that Ms. Clayton claims her staff sent to him regarding the proposed Code amendments. (It was later verified the Code amendments had been received and filed on January 4, 2002.) Ms. Clayton said staff is proposing to revise the dock requirements for single family and 2-family homes. Staff may revise the criteria regarding obtaining agreement from an adjacent property owner, as the interpretation regarding “agreement” is too broad. She said the CDB also reviewed the proposal and felt it was too broad. Senior Planner Richard Kephart distributed a list of Community Development Code issues proposed to be amended and presented to the City Commission. Mr. Kephart reviewed the applicable proposed marine-related amendments to Ordinance #6928-02. The Island Estates NCOD public meetings brought up the issue that the current Code should address seawall standards. It was remarked that the section regarding nuisance seawalls being proposed by staff is too strict, as there are very few seawalls without minor cracks. It was remarked that it is difficult to determine when a seawall will fail. It was remarked that Island Estates residents are only addressing aesthetic issues regarding seawalls. It was suggested that the language regarding seawall cracks be changed to reflect that “seawalls should be structurally sound and in safe condition as determined by the proper authority”, or other language to clarify the acceptable or unacceptable condition of a seawall. Concern was expressed that City building officials may not be highly trained and educated enough to make a determination on the condition of seawalls. Ms. Clayton suggested MAB members e-mail her with suggested language for this section, as these amendments would be presented to the CDB on Friday. Concern was expressed that an unclear definition of what is or is not acceptable could result in litigation. Ms. Clayton said staff would contact the County navigation authority to further discuss this issue. She said she would share the MAB’s concerns with the Commission. ITEM 4 – Other Business Mr. Morris said one of his staff assistants would be attending the MAB meetings to make note of what he needs to follow-up on afterward. Mr. Morris said in discussions with the Army Corps of Engineers, he was informed that the Marine Safety Office in Tampa is concerned about Port security. He said there is a possibility that the County may support putting a quick flash light near the end of the jetty at the entrance to Clearwater Pass. Concern was expressed that boaters would run into the jetty, therefore the light should be placed in the middle of the jetty. Discussion ensued and consensus was the quick flash light at the end of the jetty was probably the best solution. Mr. Morris said he was asked for his opinion regarding a private dock application that is longer than the adjacent property owners’ docks. The homeowner is building a large home. If the dock were shortened, it would be in the middle of a sea grass bed and would not meet the County regulations for docks. Mr. Morris said there are other docks in the area that are larger than the proposed dock. The proposed dock is in excess of the width of property provision, but is less than 25% of the navigable waterway as measured to the next closest finger. One adjacent property owner is concerned the dock would interfere with his open view of the intercoastal waterway. The proposed dock would require the CDB approve a flexible standard request for the dock. It was remarked that the water is shallow and the grass beds extend quite a distance out from end of Devon Drive. It was questioned if the size of the boat would affect the size of the dock in this instance. Mr. Morris felt it would not, as the property owner requesting the dock owns an outboard. Concern was expressed that the City should not regulate personal preferences regarding the size of a boat a homeowner wishes to purchase. Ms. Clayton said one other provision being proposed to the Code states that boats must be contained within the property owner’s extended property. Mr. Morris said the Church of Scientology is putting a covered pavilion on their building across from Coachman Park. Mr. Morris reported that dredging is taking place in Clearwater Harbor. Hopes are the Army Corps of Engineers would also ride through the area behind Island Estates and dredge before they leave the area. ITEM 5 – Agenda for next meeting on March 13, 2002 This item was not discussed. ITEM 6 – Adjournment The meeting adjourned at 8:58 a.m.