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11/14/2007 MARINE ADVISORY BOARD MEETING MINUTES CITY OF CLEARWATER November 14, 2007 Present: Paul J. Kelley Chair Edward O’Brien, Jr. Board Member F. David Hemerick Board Member Mark A. Smith Board Member Tim Trager Board Member Tom Calhoun Board Member Donald O. McFarland Board Member Also Present: Bev Buysse Marine & Aviation Assistant Director Gordon Wills Airport Operations Manager 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 – October 11, 2007 Member Calhoun moved to approve the minutes of the Marine Advisory Board meeting of October 11, 2007, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 3 – Old Business Dock application for Channel Club at 685, 689, 693, and 699 Bay Esplanade Sherry Bagley, Woods Consulting, reviewed the modified design. The Somerset right- of-way will not be encumbered and current uses there can continue. She said since the project began in 2005, a new survey found sea grasses, a transient plant. She said the docks have been designed around environmental conditions. She said the length of the docks was reduced to 89 and 111 feet and the number of slips was reduced to 14. In response to a question, she reviewed docks north of the site, reporting their lengths range from 14 to 51 feet. Once the subject properties are combined by a site plan and replatted, representative Kate Cole said the site’s width would permit a 92-foot dock. Concern was expressed that the water is too shallow for boat lifts and the proposed docks violate 10 of 12 CDB (Community Development Board) requirements related to impacts, do not conform with Old Florida District standards, and do not protect sea grasses. Ms. Bagley said she had worked with Member Smith, and that his proposed dock design would require six variances. Member Smith said the applicant had not worked with him and that the planning department had indicated it would approve his design, which provides the same number of slips and conforms to the area. He said the design could be made to work and would provide the required transition from the Old Florida District. He expressed concern that one proposed dock is in the recreation zone and would hinder navigation and establish a precedent allowing longer Marine Advisory 2007-11-14 1 docks on both sides of Mandalay Channel, choking it. He said the current design would require boaters to back into sea grasses where manatees feed. In response to a question, Ms. Bagley said she had worked with staff on the docks’ design after their recommendation to the CDB to deny approval of the original proposal. Concern was expressed that the MAB (Marine Advisory Board) had insufficient information to make a recommendation. It was requested that planning staff make a presentation to the MAB on the project. It was recommended that the City also review a dock ordinance to offset conflicts that now occur related to longer docks and larger vessels docked behind single-family residences. In response to a question, Ms. Bagley said planning staff had not yet made a recommendation on this request. Member McFarland moved to table until December 12, 2007, MAB’s consideration of the dock application for Channel Club at 685, 689, 693, and 699 Bay Esplanade and requested that staff make a presentation on the project and a dock ordinance. The motion was duly seconded. Concern was expressed that the CDB will consider this item at its next meeting whether or not the MAB makes a recommendation. Upon the vote being taken, Members O’Brien, Hemerick, Trager, Calhoun, McFarland, and Chair Kelley voted “Aye”; Member Smith voted “Nay.” Motion carried. Nine people spoke in opposition to the dock application. Concern was expressed that a board member who would be affected by this project, acts as both a board member and a neighborhood representative. Member O’Brien moved that the MAB recommends that the CDB table the Channel Club dock application until the MAB can review the request in December, due to a lack of adequate information provided to date. The motion was duly seconded, Ms. Cole said in support of an open process, related documents were forwarded to Marina staff on October 31, 2007. Upon the vote being taken, the motion carried unanimously. Update on Marina Business Plan Marine & Aviation Assistant Director Bev Buysse reviewed changes to the Marina Business Plan, based on City Council input: 1) fuel discounts; 2) timing of increases to slip rental rates; and 3) slip retention charges to new business owners. In the next five years, an independent study will determine charges based on location. By 2012, marina and downtown slip rates will be the same. In response to a question, Ms. Buysse said the Harbormaster is responsible for determining the mix of Marina businesses. He feels the Marina provides sufficient jet-ski operations. The City Council has directed the Marina to charge the market average for fuel. Marine Advisory 2007-11-14 2 Member O’Brien moved that the MAB accepts the revised Marina Business Plan. The motion was duly seconded. Discussion ensued regarding the new provision for five-year leases with one five-year extension. It was felt that current rental terms are sufficient. In response to a question, Ms. Buysse said the legal department will develop a lease. Concern was expressed that the legal department has insufficient background to properly address marina issues and that lease terms must be comprehensive. It was stated that long-term leases would not help business owners obtain bank loans. It was recommended that lease terms address the issue of banks taking over slip leases. Member McFarland moved to amend the motion in reference to Goal 1, Objective 4, Strategy 1 of the Executive Summary to recommend that the draft lease be submitted to the MAB for review and advise. The motion was duly seconded. Concern was expressed that encumbering City-owned slips for 10 years would hinder redevelopment efforts and preclude the City from rearranging boats. Member O’Brien withdrew his motion. Member McFarland moved that the MAB accepts the modifications to the Marina Business Plan as listed in the Executive Summary with exceptions to Goal 1, Objective 4, Strategy 1) delete the five-year extension option and 2) submit the draft lease to the MAB for review and advise. The motion was duly seconded and carried unanimously. 4 – New Business: None. Items Not on the Agenda Clearwater Sailing Center Minutes It was reported that minutes from a Clearwater Sailing Center meeting indicate that the firm, which owns the Sand Key Marriott, plans to purchase and raze the abutting shopping center and replace it with a hotel and condominium project and construct a 300-foot boat dock. Concern was expressed that the water behind the property is too shallow for boats. Items of Interest It was recommended that board members request information prior to meetings regarding items of interest on meeting agendas. Marine Advisory 2007-11-14 3 5 - Aqenda for next meetinq on December 12, 2007 Dock application for Channel Club at 685, 689, 693, and 699 Bay Esplanade 6 - Adiournment The meeting adjourned at 9:32 a.m. ~ m~ oard Reporter Marine Advisory 2007-11-14 Chair, Marine Advisory Board 4