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HomeMy WebLinkAboutMinutes Watershore And Beach Advisory Committee - 01/07/1993 L7,L MINUTES WATER/SHORE ADVISORY COMMITTEE JANUARY 7, 1993 - 5:00 P.M. MEMBERS PRESENT: Quenten Cook, Frank Beck, Charlene Forest, David McKee, Vic Menard, Scott Skinner, Patricia Suter and Randy Thompson. MEMBERS ABSENT: Robert Gross STAFF PRESENT: Tom Utter, Director of Development Services, Malcolm Matthews, Director of Park&Recreation, SiSu Morris,Marina Superintendent, Alison Gallaway, Assistant City Attorney, Lou Hilzinger, Marina Harbormaster, Todd Jensen, Operations Supervisor AIC, and Benita Brunner, Secretary. CALL TO ORDER: Chairman Cook called the regular monthly meeting of the Water/ Shore Advisory Committee to order at 5:00 p.m. in the City Council Chambers. ACTION ON ABSENCES: The motion was made by Ms. Forest, seconded by Ms. Suter, to excuse absences (Gross, McKee) from the December 3, 1992 meeting. Motion passed unanimously. ACTION ON MINUTES: The motion was made by Ms. Suter, seconded by Mr. Menard, to approve the December 3, 1992 Minutes as presented. Motion passed. PUBLIC HEARING: The regular meeting was recessed in order to hold the Public Hearing. The regular meeting reconvened at 7:00 p.m. COMMITTEE REPORTS: None offered. DIRECTOR'S REPORT: In view of the Lighthouse's expansion project, Mr. Matthews suggested that the marina facility subcommittee make recommendations to be acted upon at the February meeting. Ms. Morris briefed or reported on the: availability of gas at the fuel dock; benches at the Miradores; Marina staff operating the haul out facility with Jimmy Sanchez operating the crane; crane inspection and repair; and advertising bids for Lawrence Street in February. Presentation of Regional Transit Authority's (RTA) Proposed Water Taxi: Mr. Matthews reported that RTA has advertised bids for a 70-80 passenger aluminum monohull craft and a 40-49 passenger aluminum pontoon craft. Landing sites may include the Barge Dock, the Aquarium, and expansion might include the T-Heads and a location in front of the hotels. A representative will be requested to appear in February. Presentation of Sailing Quarterly Video Magazine's 12-Minute Tape Featuring Corpus Christi: Charlene and Bob Forest hosted representatives from Sailing Quarterly Video Magazine and narrated the tape which gave a wonderful overview of sailing in South Texas. - DISCUSSION ITEMS: Rules for Contractors Working on Boats in the Marina Complex: In view of comments during the public hearing, Chairman Cook suggested that the proposed rules be tabled for further study. Motion was made by Ms. Suter, seconded by Ms. Forest, SCANNED Water/Shore Advisory Committee Minutes January 7, 1993 to table the proposed regulations for contractors working in the Marina Complex. Ms. Morris reported that the Chairman cannot appoint an outside committee without Council approval, but staff can meet with interested parties and strive for a solution in that manner. She stated that had been the original intent and felt it would most advantageous to include those that had volunteered to help resolve expressed problems and concerns. Discussion followed regarding notifying tenants of future public hearings. Motion passed unanimously. Motion made by Mr. Beck, was seconded, to notify tenants, by mass mail out, of future public hearings. Motion passed unanimously. Water Toy Concession Assignments: Ms. Morris reported that the two bidders, as presented in writing to Committee members, had satisfied bid requirements. Motion made by Mr. Menard, was seconded, to award the sites to the highest bidders as follows: Executive Wet Set, Site A (Non-Motorized), $6,050; Beach Boat Rentals, Inc. , Site B (Non-Motorized), $7,524, Site C (Fast-Motorized) $7,344, Site D (Slow- Motorized), $10,092, and Site E (Slow-Motorized), $10,092. Motion passed unanimously. CURRENT CONCERNS AND EVENTS: Discussion followed regarding: Jimmy Sanchez not being required to carry liability insurance to operate the crane owned by the City; Mr. Hilzinger's 22 years of experience operating cranes in the Panama Canal Zone; and status of Goals and Objectives. HEAR FROM THE PUBLIC: Roy Davis reported that Elaine Motl will be handling the 1993 Prindle Nationals which will be held locally. Additionally, a proposal has been turned in to hold a 1994 Hobie event locally. Discussion followed regarding future use of the boat haul out facility and proposed regulations for contractors working in the Marina Complex. ADJOURNMENT: As there was no further business, the meeting was adjourned at 8:00 p.m. SiSu Morris Marina Superintendent SM/bkb 2 MINUTES PUBLIC HEARING JANUARY 7, 1993 - 5:00 P.M. MEMBERS PRESENT: Quenten Cook, Chairman, Frank Beck, Charlene Forest, David McKee, Vic Menard,, Scott Skinner, Patricia Suter and Randy Thompson. MEMBERS ABSENT: Robert Gross STAFF PRESENT: Tom Utter, Director of Development Services, Malcolm Matthews, Director of Park &Recreation, SiSu Morris,Marina Superintendent, Alison Gallaway, Assistant City Attorney, Lou Hilzinger, Marina Harbormaster, Todd Jensen, Operations Supervisor AIC, and Benita Brunner, Secretary. THE WATER/SHORE ADVISORY COMMITTEE IS SOLICITING PUBLIC COMMENT ON PROPOSED RULES AND REGULATIONS INVOLVING WORKING ON OR HIRING OUTSIDE CONTRACTORS TO WORK ON BOATS IN THE CORPUS CHRISTI MUNICIPAL MARINA. Chairman Cook commented that the draft regulations were intended to generate feedback and assured the public that the Committee would not do anything to restrict tenants nor cause them not to enjoy owning and keeping a boat in the Marina. Mr. Utter reiterated Mr. Cook's comments and stated that the City is seeking public input to resolve problems City staff has been studying. Marina tenants currently have a contract that indemnifies the City. The problem is that there are a number of contractors working on boats in the .Marina for whom there is no source of liability. City staff and the Marina Association of Texas have stated the importance, as have all marinas contacted, of requiring liability insurance in the rental contract. Additionally, there is a problem with what kind of work to allow in slips. Today's society is sue happy and the City needs to protect the public interest as it could be just a matter of time before the Marina is involved in a lawsuit. This could be accomplished by requiring adequate liability coverage of contractors. Don Glandt, 322 Barracuda, asked the status of leasing the boat haul out facility; felt boaters will not sign a complete release for the City to haul boats; disagreed with proposed rules and provided written comments; felt tenants leave because City makes them mad; felt marina is falling apart and taxpayers are having to bear the brunt; felt private marinas were more cooperative with tenants. Ms. Gallaway reported the City's waiver is identical to that used by Professional Marine. Teri Ficken, 202 Ghent, Portland, opposed proposed rules because there are ordinances which apply but are not enforced. . Robin Dinn, 4421 Gaines, felt it would be impossible for tenants to check with Marina prior to any repair; felt laws exist regarding pollutants and need to be enforced; felt subcontractors are not in competition but provide service to the repair facility and tenants. Alan Dinn, 4421 Gaines, provided written comments regarding proposed rules; felt insurance costs will run contractors out business or out of the marina; felt $25,000 bond was unattainable; asked if notice to Marina or insurance requirements would apply to special events; proposed to fill vacant slips by reducing slip rent, allowing flexibility repair facility lease agreement, and suggested forming committees to resolve future problems. Bill Abernethy, 402 Grant, expressed concern that the City might create a liability for itself by enacting more regulations it would have to enforce in addition to those already in existence. He suggested leaving things as they are, with people being responsible for their own actions. Charles W. Thomasson, 226 Rosebud, felt proposed rules would in effect levy tax on boat owners utilizing contractors; create a monopoly by forcing boaters to use marina lessee for boat repairs as he/she would be the only one that could provide the insurance; felt the liability concerns were out of line and that tenants are responsible for their actions. Russell Peterek, 414 Ohio, stated proposed insurance would put him out of business; felt tenants would leave Marina rather than let City haul their boats; felt lease requirements were too high and needed to be reviewed. Ms. Morris stated the City must maintain the ability to haul boats in/out of the water and has continued to do so utilizing the same indemnity, rates, and personnel as did Professional Marine. The City will not be performing boat repairs but will be looking at various ways of utilizing the haul out facility because it has been difficult for businesses to meet the insurance and rental requirements and still compete with those operating in the Marina with no overhead. Andy Ficken, 202 Ghent, Portland, provided written comments regarding the proposed rules; felt rates should be cut to attract more tenants. Santiago Sanchez, 2514 Cleo, has worked at boat haul out since 1961 and when Professional Marine closed he became an independent contractor; stated he can not afford the proposed insurance requirements. Robert Pate, 261 Louisiana Parkway, felt there was a need to deal with contractors and not tenants; felt City would be leveling the playing field by increasing operating costs of contractors rather than decreasing costs associated with leasing the haul out facility; felt City needs to create incentives for that lessee to operate the facility. Duncan Samo, 5321 Sugar Creek, felt tenants would leave if they were forced to check with Marina prior to making boat repairs. Douglas Beck, 3402 Floyd, questioned paragraphs one and two of the proposed rules. Ms. Gallaway responded to Mr. D. Beck that: boat owners would not need to meet insurance requirements to work on their own boats, however, they would be considered a contractor if they were paid to work on someone else's boat and would need to meet insurance requirements; and, relating to defined terms in paragraph one, City is considered to be a deep pocket and is frequently sued. Ms. Morris stated the City has been advised, through the Marina Association of Texas, that it is unwise to allow contractors to perform services at any City facility without requiring liability insurance. All other businesses, activities, special events, etc. are required to have liability insurance before utilizing City facilities. Public Hearing Minutes January 7, 1993 Paul Earls, 4433 Dolphin, was unaware of any big problems in the Marina; opposed having to check with Marina prior to doing repairs; felt situations should be dealt with on an individual basis. John Shepherd, 320 Naples, provided written comments regarding proposed rules.; felt Marina is not liable for whomever boat owners hire; felt liability insurance could be exploited and was not sure regulations would really accomplish any thing. Jerry Vaughn,.14609 Red River, commented that proposed regulations need a lot more work and didn't feel they could be made specific enough. Ms. Morris apologized for causing some boat owners to get unnecessarily upset by not including a cover letter to make the intent of the proposed rules clear. She assured the public the City was seeking input on the proposed rules and there was absolutely no intention to limit the tenants ability to maintain their boats. David Munro, 2006 Airline #1906, felt that as a municipal marina, City needs to do everything possible to make boating as accessible to the greatest number of people in the community as possible; felt the best way to handle rules would be to restrict only by defining how actions impose on others and not be specific. Chairman Cook stated the Committee is attempting to define what maintenance can be done in a slip or what should be required to be performed in an area provided by the Marina. He stated it is a misconception that the Committee is attempting to create an environment in which someone can make a profit. Urban Wagner, 4525 Weiskopf, objected to checking in before performing boat repairs and noted the decrease in boats in the Marina and the lack of participation in boating events. Shawn Messer, 5830 Hinman, felt there was no need for liability requirements. Herbert R. Haynes, 6630 Pharaoh, felt Marina should be more helpful in preventing damage rather than restricting what might lead to damage i.e. central waste oil disposal facility; felt City should formulate mission statement (i.e. Marina exists primarily to serve the boating public, those with work/pleasure boats and depends on the success and satisfaction of the boat owners for its own success); felt there was no need for the rules and that tenants are responsible for their own actions. Chairman Cook agreed that a way to dispose of waste oil from a central location in the Marina should be considered. Kathleen M. White, 329 Camellia, felt proposed rules would increase City's liability; opposed placing financial burden on small businesses which might cause them to go out of business; felt City can not legislate fair playing ground for free enterprise. Antonio Carreno, 4250 Ocean Drive, agreed with previous comments regarding regulations. 3 Public Hearing Minutes January 7, 1993 William White, 1408 Austin, Portland, opposed the insurance requirements. Steve Hastings, 5641 Ocean Drive, felt there was no liability crisis; felt rules limit tenants ability to select best contractor and made City liable for whom they allow to work in Marina. Peter Davidson, 341 Melrose, felt proposed rules would further crush boater enthusiasm and would force tenants to leave; felt slip rates should be lowered and that more slips should be built to include a few where boats could be worked on. Jerry Parlee, 321 Cole, commented that costs associated with renting haul out facility are too high; felt regulations would cause boaters to leave. Laurel Cooper, 6312 SPID, felt liability insurance is too high and bonds are unavailable. Cathy Tyree, 206 Indiana, felt liability insurance might unduly burden small businesses; boaters don't sue each other because it ruins the pleasure; boats are non-exempt property in Texas and can satisfy any levied judgement; leases already indemnify the city; tenants lease property from the City and assume responsibility for what goes on in that leased property; felt regulations would make boaters leave. Justin Pfromer, 4802 Shadowbend#214, felt the liability insurance would put him out of business or force him to make his rates cost prohibitive to the boat owners. Richard Ranc, 520 South Chaparral #402, felt boaters do not want to be overly regulated; felt monopoly would be encouraged by making it difficult for small contractors; felt public meetings are appropriate to discuss how to make the Marina more pleasant. Deniz Tor, 12858 Hearn Road, expressed concern about the: insurances in the proposed rules; Marina's poor condition; decrease in leased slips and need to decrease rates; need to make an attractive area for owners to do boat repairs. Tony Feher, 4270 Ocean Drive, felt tenants were unprepared for the proposed rules and suggested they were somewhat secret; felt several groups should have input into the final rules in order to satisfy Marina's needs as well as the boaters'; commented on the decline in participation in boating events and the need to cooperate. Les Cassidy, 349 University, commented that areas of proposed rules might be severely impacted by maritime law with regard to boater responsibilities and those who provide repair services; volunteered to serve on a review committee as he specializes in maritime law. Steve Harrison, 4725 Gayle, felt the issue is economic and would force boaters out of the Marina. Karl Stein, 235 Oleander, spoke in support of small contractors. 4 Public Hearing Minutes January 7, 1993 Jim Tyree, 206 Indiana, felt City needed to be more constructive than destructive i.e. providing better facilities where boat repairs can be made. Nathan Clark, 4100 Wildcat, Portland, felt the rules were an economic issue and commented that no one spoke in favor of them. David Wilson, 418 Cape Lookout, felt proposed rules might cause problems with getting reasonable boat maintenance rates; requested using this opportunity to disagree to determine how to again fill the Marina with boats. Ervin Strong, 215 Bridgeport, felt the Marina had dwindled at an unprecedented due to economics and management; felt the Marina management needed to be addressed and that laws based on paranoia will not work. Monty Ellis, 1109 Clarion, felt tenants will not accept any government agency's list of contractors. Rodger Spradlin, 5625 Ocean Drive, related his unsuccessful experience in trying to lease a Marina slip. Chairman Cook expressed his appreciation for the public's comments. Sam Assarian, 430 Atlantic, commented that the Marina staff has been most helpful and do a hell of a job; felt that business is successful by volume, not by price. Fred Cramer, 5813 San Saba, commented about an incident that occurred at his slip. Chairman Cook advised Mr. Cramer.that he would need to make his comments during public comments in the regular meeting. Ms. Forest invited the public to attend the Committee meetings the first Thursday of every month. As there were no further comments, the public hearing was adjourned at 6:55 p.m. and the regular meeting proceeded. ?WA& Mitt Malcolm Matthews, Director Park & Recreation Department MM/bkb 5