DRAFT MINUTES OF THE MARINE ADVISORY BOARD

100 NORTH ANDREWS AVENUE COMMISSION CONFERENCE ROOM – EIGHTH FLOOR

FORT LAUDERDALE, FLORIDA THURSDAY, JUNE 2, 2016 – 6:00 P.M.

Cumulative Attendance May 2016 - April 2017 Board Members

Attendance Present Absent

James Harrison, Chair P 2 0 F. St. George Guardabassi , Vice Chair P 2 0 Jim Welch P 1 1 Robert Dean P 1 1 John Holmes A 0 2 Joe Cain P 1 1 George Cable A 0 2 Jack Newton P 1 1 Jimi Batchelor P 2 0 Cliff Berry II P 2 0 Grant Henderson P 2 0 Bill Walker P 2 0 Zane Brisson P 2 0 Richard Graves P 2 0 Chuck Black P 2 0 As of this date, there are 15 appointed members to the Board, which means 8 would constitute a quorum. Staff Andrew Cuba, Manager of Marine Facilities Jonathan Luscomb, Supervisor of Marine Facilities Officer Chris Clemons, Marine Police Staff Chief Tim Heiser, Fort Lauderdale Fire Department Brigitte Chiappetta, Recording Secretary, Prototype, Inc. Communications to City Commission None.

I. Call to Order / Roll Call Chair Harrison called the meeting to order at 6:00 p.m. and roll was called.

II. Approval of Minutes – May 5, 2016

Marine Advisory Board June 2, 2016 Page 2 Motion made by Vice Chair Guardabassi, seconded by Mr. Henderson, to accept the minutes. In a voice vote, the motion passed unanimously.

III. Statement of Quorum It was noted that a quorum was present.

IV. Waterway Crime & Boating Safety Report Officer Chris Clemons of the Marine Unit reported that during the month of May there were eight incidents, including three burglaries from vessels. The Marine Unit issued 11 citations, 57 warnings, and conducted 56 safety checks. Ofc. Clemons confirmed that an alert was sent out by the Broward Sheriff’s Office (BSO) tying one theft to a ring of thieves in Miami. There is currently no additional news on the thefts discussed at the May 2016 meeting. Mr. Cain requested an update on ongoing anchoring and safety sticker issues. Ofc. Clemons replied that no plans are in place for State-supplied inspection stickers at this time. He added that the Florida Fish and Wildlife Commission (FWC) will conduct training sessions for law enforcement on Thursday and Friday, May 9 and 10, 2016. Members of the Marine Unit plan to attend these training sessions. Ofc. Clemons advised that he would bring a PowerPoint presentation back to the Marine Unit and will send it to Mr. Cuba’s office for dissemination to the Board as well. He continued that the Marine Unit’s schedule will remain the same in the near future, with an evening shift to enforce new regulations regarding anchoring. This shift is funded through Marine Law Enforcement Grant (MLEG) dollars. Chief Tim Heiser of the Fort Lauderdale Fire Department reported that during the past month, the following incidents occurred:

• One capsized vessel • One boating accident • A car in a canal • Two incidents of hazardous materials floating in the water • One boat fire • Nine persons in distress / drownings • Five medical calls on the water

Chief Heiser continued that Marine members attended a search-and-rescue class sponsored by the Coast Guard and participated in additional Coast Guard training with helicopter operations. He added that construction has begun on the new fire boat and the Department has made its first payment on this vessel, which is being built in Canada.

Marine Advisory Board June 2, 2016 Page 3 Chief Heiser concluded that the new fire boat will deploy from Fire Station #49, the same location as the current vessel. He noted that this location is the subject of a proposed land swap to which the Department has not agreed thus far. An improved plan for this station has been requested.

V. Discussion – Code Sec. 8-166 (c) Speed Limits in Waterways – Watersports Activities Area

Mr. Batchelor explained that at present, areas designated for waterskiing and other water sports only allow these activities from a 21 ft. (or smaller) and single-engine (or smaller) vessel. He pointed out that this represents only a very small segment of boats and eliminates the participation of many boaters who would like to take part in these activities. He concluded that the Board should consider advocating a change to this rule. Chair Harrison asked if the reason behind this limitation was known. Ofc. Clemons replied that run zones allow 15 in. wakes at 25 miles per hour (MPH) or less, while ski zones do not have wake restrictions but instead have speed and size restrictions. Mr. Batchelor noted that the wake differential between 21 ft. and larger vessels would depend upon how the boat is propelled. Chair Harrison stated that he felt the height of wakes would be a more important measurement than the length of vessels, although he agreed that these would be difficult to gauge and enforce. Ofc. Clemons advised that he has never written a citation for a relatively small wake from a small vessel, but instead enforces restrictions on clearly excessive wakes typically generated by larger boats. Depending upon the zone, ski zones require boats not participating in water sports to pass through with either a minimum or idle wake. The Marine Unit typically receives calls from homeowners who are aware of the size restriction in ski zones, although they do not often receive wake calls. More calls come from the Middle River area than other City waterways. Ofc. Clemons continued that at an earlier time, ski boats were typically single-engine, 19 ft. vessels. Like other boats, ski boats are now growing to 21 ft., 24 ft., and larger, with single and dual engines. Mr. Batchelor stated that his recommendation would change the restriction to 23 ft. vessels with no restrictions on engine size or number of engines. Mr. Berry commented that he resides on the Middle River and owns a small boat that fits the existing criteria for water sports and skiing areas. He emphasized that the restrictions focus less on the weight of vessels than on safety. He agreed that 23 ft. was not unreasonable for vessels participating in water sports, but advised that he would not support any suggestion of larger vessels. Mr. Batchelor agreed, adding that he was not in favor of speeds over 35 MPH for skiers.

Marine Advisory Board June 2, 2016 Page 4 Mr. Cuba offered to compile a report reflecting the steps neighborhood communities are taking to address this issue and provide it to Board members prior to the next scheduled meeting.

VI. Reports Mr. Luscomb reported that he and Chair Harrison participated in the Selection Committee tasked with reviewing the bids submitted in response to the Las Olas Marina RFP. This Committee met in May and recommended that the City Commission approve the bid submitted by SunTech. The competing bidder, IGY, subsequently submitted a letter to the City Commission alleging that there were questionable aspects to SunTech’s submission. The City Auditor has deferred this issue until June 7, 2016, pending financial investigation of SunTech. Mr. Luscomb continued that while IGY’s bid addressed the concept of lineal dockage, there were concerns regarding the size of aisles between slips. SunTech did not submit a package including lineal dockage. Mr. Luscomb advised that both bidding entities met required aspects of the RFP, including how much money would be generated for the City. The minimum rent required by the City was $1 million, which must be averaged over a 10-year period. The City’s consultant has suggested a rent abatement period of three years. The most recent rate of return on the current marina is approximately $1.6 million, although Mr. Luscomb pointed out that the RFP did not make clear how the City accounted for this figure. Mr. Dean recalled that the City Manager had wished to ensure that a bidding entity could make a profit at the Las Olas Marina before proceeding with plans to redevelop the facility. Mr. Luscomb concluded that the maximum allowable boat length proposed by SunTech was 150 ft. to 200 ft. The length of the proposed lease is not yet known. Mr. Welch commented that the City has successfully operated the marina facility for 55 years, and he did not feel it should be leased to a developer who would take a share of its income. Mr. Luscomb encouraged all Board members to attend an upcoming public hearing at which the marina issue would be addressed.

VII. Old / New Business None.

VIII. Adjournment There being no further business to come before the Board at this time, the meeting was adjourned at 6:52 p.m.

Marine Advisory Board June 2, 2016 Page 5 Any written public comments made 48 hours prior to the meeting regarding items discussed during the proceedings have been attached hereto. [Minutes prepared by K. McGuire, Prototype, Inc.]

ITEM V MEMORANDUM NO. MF 16-03 DATE: June 14, 2016 TO: Marine Advisory Board FROM: Andrew Cuba, Manager of Marine Facilities RE: July 7, 2016 Marine Advisory Board (MAB) Agenda / Discussion Item – Letter of

Concurrence for Setback Waiver – Pier 17 Investments 2014, LLC - 1500 SW 17th Street Fort Lauderdale, FL 33312

City Code Chapter 8 Section 8-34 specifies that the Marine Advisory Board may consider any subject matter it considers appropriate and in addition is specifically directed to consider and make recommendations on specific items which include: "(1) Conditions of waterways and needed corrections, including a study of the most feasible and economical method of maintaining the depths of waterways within the City . . . "(18) Consideration of means and methods whereby the City might become symbolic as the 'Yachting Capital of the World.'" Section 18-21.004(3)(d), Florida Administrative Code, provides, among other matters that dredging activities must be set back a minimum of twenty-five feet inside an applicant’s (Pier 17 Investments 2014, LLC) riparian right’s line unless a Letter of Concurrence is obtained from the affected adjacent upland property owner (City). The applicant is seeking a Motion recommending support of a Resolution authorizing the City Managers’ execution of a Letter of Concurrence for a setback waiver as sought by Pier 17 Investments 2014, LLC to dredge within the 25 foot setback abutting the City of Fort Lauderdale’s adjacent upland Bill Keith Preserve, 1720 SW 17th Street. AC Attachment cc: Enrique Sanchez, Deputy Director of Parks and Recreation Jon Luscomb, Supervisor of Marine Facilities

2

ONE STORY

C.B.S. BLDG.

PROPERTYLINE

±25.0'

THIS DRAWING AND ALL APPURTENANT MATTER CONTAINS INFORMATION PROPRIETARY TO THE CHAPPELL GROUP, INC. AND IS LOANED SUBJECT TO RETURN UPON DEMAND AND MUST NOT BE REPRODUCED, COPIED, LOANED, REVEALED, NOR LISTED FOR ANY PURPOSEOTHER THAN THAT FOR WHICH IT IS SPECIFICALLY FURNISHED WITHOUT EXPRESSED WRITTEN CONSENT OF THE CHAPPELL GROUP, INC. © THE CHAPPELL GROUP, INC. 2016

PREPARED FOR:

· Environmental Consultants· Marina & Wetland Permitting· Mitigation Design & Monitoring·T&E Species Surveys· Phase I ESAs

GROUP

INC.

www.thechappellgroup.com

Chappell714 East McNab RoadPompano Beach, Florida 33060tel. 954.782.1908fax. 954.782.1108

INC.

of :Date:

Proj No.:

Sheet :

1PIER 17 INVESTMENTS 2014, LLC

PIER 17 MARINA & YACHT CLUB3/23/2016

15-0018 1

LOCATION MAP

NORTH

N.T.S

BILL KEITH PRESERVE PARK(FOLIO 504216020170)

PROPOSED PROJECT AREA

2,664 SQ. FT. AREA WITHIN 25'SETBACK

FDEP LETTER OF CONCURRENCE FOR SETBACK WAIVER

INITIALS OF ADJACENT OWNER:

DATE:

LETTER OF CONCURRENCE FOR SETBACK WAIVER TO: PIER 17 INVESTMENTS 2014, LLC, a Florida limited liability company

(Owner/Applicant) 1500 SW 17th Street Fort Lauderdale, FL 33312 (address of project) File No.: 06-0251514-015 FROM: CITY OF FORT LAUDERDALE By: Lee R. Feldman, City Manager 100 N. Andrews Avenue, Floor 7 Fort Lauderdale, Florida 33301 Section 18-21.004(3)(d), Florida Administrative Code, provides:

Except as provided herein, all structures, including mooring pilings, breakwaters, jetties and groins, and activities must be set back a minimum of 25 feet inside the applicant’s riparian rights lines. Marginal docks, however, must be set back a minimum of 10 feet. Exceptions to the setbacks are: private residential single-family docks or piers associated with a parcel that has a shoreline frontage of less than 65 feet, where portions of such structures are located between riparian lines less than 65 feet apart, or where such structure is shared by two adjacent single-family parcels; utility lines; bulkheads, seawalls, riprap or similar shoreline protection structures located along the shoreline; structures and activities previously authorized by the Board; structures and activities built or occurring prior to any requirement for Board authorization; when a letter of concurrence is obtained from the affected adjacent upland riparian owner; or when the Board determines that locating any portion of the structure or activity within the setback area is necessary to avoid or minimize adverse impacts to natural resources.

I hereby state, as City Manager of the CITY OF FORT LAUDERDALE, that the CITY OF FORT LAUDERDALE is the owner of the Adjacent Upland Riparian Property (Broward County Property Appraiser’s Folio # 5042 16 02 0170) located to the (west) of the facility or activity proposed to be constructed or conducted by PIER 17 INVESTMENTS 2014, LLC, a Florida limited liability company, by Nathan Cox, President (Owner/Applicant) (Broward County Property Appraiser’s Folio #s 5042 16 02 0190 & 5042 16 02 0180), as shown in the above referenced file (and on the attached drawing). By Resolution No. 16-xxxx, the City Manager, Lee R. Feldman, has been granted authority to execute this Letter of Concurrence for Setback Waiver on behalf of the CITY OF FORT LAUDERDALE, Adjacent Upland Riparian Property Owner. The CITY OF FORT LAUDERDALE, Adjacent Upland Riparian Property Owner.understands that the subject project will be located entirely within the applicant’s riparian rights area, as outlined above, and the CITY OF FORT LAUDERDALE does not object to the proposed structure or activity being located within the area required as a setback distance from the common riparian rights line, as required by Chapter 18-21.004(3)(d), F.A.C. This file shows the structure will be located entirely within the Applicant’s/Owner’s riparian rights area and adjacent to the riparian rights line between our parcels.

Page 1 of 2

CITY OF FORT LAUDERDALE, Adjacent Upland Property Owner BY:____________________________ _______________________ Lee R. Feldman, City Manager (Date signed) Approved as to form: Cynthia Everett, City Attorney

By:________________________________ Robert B. Dunckel, Assistant City Attorney

E:\Recovered\rbd_office\2016\Marine\BillKeith.Letter of Concurrence\FDEP setback_waiver.2clean.doc

Page 2 of 2

DP-1

HARBOR TWENTY-SIX

DREDGING PLAN

PIER 17 INVESTMENTS 2014, LLC

ITEM VI MEMORANDUM NO. MF 16-02 DATE: June 14, 2016 TO: Marine Advisory Board FROM: Andrew Cuba, Manager of Marine Facilities RE: July 7, 2016 Marine Advisory Board (MAB) Agenda / Discussion Item -

Waterway activities area / Code Section 8-166 (c) At the May 5th, 2016 MAB meeting, a Motion was unanimously passed to place on the June 2nd agenda a Discussion Item regarding reviewing the size and engine restrictions of boats engaged in watersports activities in the City’s designated areas. City Code Section 8 – 166 (c) specifies “single engine vessels not exceeding twenty-one (21) feet as set forth on the State of Florida vessel registration may engage in watersports activities” in the designated restricted boating areas. At the June 2nd MAB meeting, a discussion ensued regarding increasing the vessel size restriction to 23 feet and removing the single engine parameter. Staff suggested the MAB regroup to review a brief analysis of vessel size correlation to wake height as well as a comparison of neighboring municipalities associated policies. With respect to vessel size and wake, several factors influence wake height. A vessel’s speed, no matter its size, can create a wake above a certain threshold. A vessel’s hull influences associated wake – the deeper the ‘v’ generally results in a higher wake due to associated displacement. Lastly, the activity that the vessel is engaged in directly impacts wake height. The sudden twists and turns associated with certain watersports certainly increase wake height. Seemingly, vessel size is less of an influencing factor than speed, hull type, and activity. A sampling of neighboring communities’ watersports activity policies are summarized below. Please note that much of this data is gathered from their City staff, as their Codes are often less specific, if they addressed the issues at all. In fact, a majority of the municipalities’ surveyed do not directly address the topic of water sports activities. City Policy Broward County Designated location specific (Parks) Dania Beach Simply mentions MAB oversight Hollywood Prohibited in North Lake / restricted by distance from shoreline

ITEM VI Key West 300 foot buffer from shoreline Miami Dade Speed zone specific Monroe County Nothing specific to Water Sports North Miami Waterskiing is prohibited on the canals and waterways in the city

except for Biscayne Bay Palm Beach Prohibited in congested marine areas and near bridges / also

manatee areas Pompano Beach Prohibited in identified congested marine areas / must have rear

view mirror / between ½ hour after sunrise to ½ hour before sunset In summary, Fort Lauderdale’s very specific guidelines seem to be tailored to our identified watersports activity zones as identified in 8-166(c), (1) through (5), listed below:

(1) The area of the Middle River, except those areas designated Idle Speed No Wake, lying between Northeast 21st Court and the intersection with the Intracoastal Waterway.

(2) All of Sylvan Lake, as bounded on the east and south by East Lake Drive, on the west by West Lake Drive and a portion of Isla Bahia Drive, and on the northby a line drawn between the northern terminus of East Lake Drive and the northern boundary of Lot 7 of the Plat of Isla Bahia.

(3) Rio Barcelona Canal lying between Hendricks Isle Drive (N.E. 18th Avenue) and Middle River.

(4) Sunrise Bay; and (5) Mills Pond Park Lake

Most of these are relatively confined water bodies are also used as anchorage areas, provide dockage for vessels of all sizes, and contain large docks and associated mooring piles; factors which staff considered when establishing size and power parameters. AC Attachment cc: Enrique Sanchez, Deputy Director of Parks and Recreation

Jon Luscomb, Supervisor of Marine Facilities