Minutes of the Marine Advisory Board 100 North Andrews Avenue Commission Chambers – First Floor Fort Lauderdale, Florida Monday, November 16, 2015 – 6:00 P.M

DRAFT MINUTES OF THE MARINE ADVISORY BOARD 100 NORTH ANDREWS AVENUE COMMISSION CHAMBERS – FIRST FLOOR FORT LAUDERDALE, FLORIDA MONDAY, NOVEMBER 16, 2015 – 6:00 P.M.

Cumulative Attendance May 2015 - April 2016 Board Members Present Absent Attendance James Harrison, Chair P 4 2 Frank Herhold, Vice Chair P 6 0 F. St. George Guardabassi P 5 1 Jim Welch P 5 1 Robert Dean P 6 0 John Holmes (arr. 6:06) P 3 3 Joseph Maus A 4 2 Joe Cain P 5 1 George Cable P 1 0 Erik Johnson P 5 1 Jack Newton P 4 2 Jimi Batchelor A 4 2 Cliff Berry II P 5 0 Grant Henderson P 5 0 Bill Walker P 3 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 Sergeant Todd Mills, Marine Police Staff Officer Quinton Waters, Marine Police Staff 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 – October 1, 2015 Marine Advisory Board November 16, 2015 Page 2

Motion made by Mr. Cain, seconded by Mr. Henderson, to approve. In a voice vote, the motion passed unanimously.

III. Statement of Quorum

It was noted that a quorum was present.

IV. Introduction of New Member – George Cable

New Board member George Cable introduced himself at this time. Mr. Cable is a longtime resident of Fort Lauderdale.

V. Waterway Crime & Boating Safety Report

Officer Quinton Waters of Marine Police Staff reported that he had attended a recent workshop in Tallahassee that addressed the issue of anchoring in Florida. A State Representative has presented a bill that would make a portion of the Middle River encompassing the Rio Barcelona canal a restricted area dedicated solely to water sports, which means no anchoring would be permitted in that area. Officer Waters explained that he attended the workshop to speak on behalf of homeowners in the area, as there has been some tension between homeowners, water-skiers, and anchored vessels. The homeowners have suggested that establishing a time frame would be helpful in addressing this issue.

Officer Waters noted that other organizations, including the Seven Seas Cruising Association (SSCA), Boat U.S., and Waterways Guide, also sent representatives to this workshop. Boat U.S. has stated that they wish to wait and gather more information on the mooring field project, which has been extended for two more years, and SSCA’s representative also proposed a time frame. While some speakers asserted that there are laws already on the books that make it possible to regulate anchoring, Officer Waters advised that these laws are ineffective. The homeowners’ proposed time frame would allow vessels to anchor in the area from two weeks to 30 days, which would allow boaters to vacation in Fort Lauderdale without living aboard their vessels.

Mr. Holmes arrived at 6:06 p.m.

Mr. Cain recalled a law that allowed a City Harbormaster to make regulations for vessels anchored in waterways within city limits. Officer Waters explained that this rule stood until 2009, when Florida’s Governor preempted all counties’ and municipalities’ rights to enforce anchorage laws.

Chair Harrison asked if the groups present at the workshop seemed opposed to the bill. Officer Waters stated that the organizations feel there will eventually be a compromise on this issue. Sgt. Todd Mills, also of the Marine Unit, added that there is some support Marine Advisory Board November 16, 2015 Page 3

for the bill as a way to keep the area safe for water sports. He also noted that the boating community has a very large lobbying presence at meetings and workshops of this nature, while there are significantly fewer residents in attendance; however, many residents have expressed their preferences through an online survey, which may contribute to greater compromise on this issue.

Mr. Dean asked if it was difficult for a municipality to create and maintain a mooring field. Sgt. Mills advised that a current study has established five mooring fields. Vice Chair Herhold noted that the discussions appear to consider the economic benefits brought to an area by cruising yachtsmen. Representatives of the SSCA have confirmed the suggested time frame allowed sufficient time for provisioning, repairs, and similar needs. Sgt. Mills continued that boaters also want a consistent policy as they move from north to south Florida.

Sgt. Mills moved on to the waterway crime and boating safety report, stating that in October, the Marine Unit handled 17 incidents, including two minor accidents, four citations, 92 warnings, and 94 safety checks. There were also two burglaries addressed by the Marine Unit, two thefts of personal watercraft, and two vehicles that slid into the 15th Street canal.

Sgt. Mills continued that the Fort Lauderdale International Boat Show was a success, with no major incidents. He noted that access was tight for large charter boats moving through the area, which will be reviewed to determine if the configuration should be changed before next year.

VI. Waiver of Limitations – Edward J. & Betty G. Kirwin / 811 SW 6th Street

Glenn Bryant of B&M Marine, representing the Applicants, recalled that some months ago, the Applicants were issued a permit to place dolphin pilings at a distance of 25 ft. from the seawall. Due to the size of vessels at the location, this distance has not been sufficient, which led to the Applicants’ request for a waiver to increase the distance to 47 ft. from the seawall at the west end of the property and 42 ft. at the east end. He added that the area has been dredged to create depth at the corner of the property. The original dolphin pilings at 25 ft. were never constructed. The Application is not expected to create a navigational issue, as other properties in the area have pilings at a similar distance. The pilings are necessary to maintain the safety of the Applicants’ vessels.

The members discussed the Application, noting that the Applicants are planning to purchase a boat with a 23 ft. beam. Mr. Bryant explained that the 47 and 42 ft. measurements are from the seawall, while the clusters would measure 32 ft. from the dock edge. He clarified that the fenders on the 23 ft. boat would push the vessel slightly away from the dock. He also confirmed that the pilings will include lights and can be used to serve as a channel marker.

Marine Advisory Board November 16, 2015 Page 4

There being no further questions from the Board at this time, Chair Harrison opened the public hearing.

Steve Buckingham, President of the Tarpon River Civic Association, stated that there have been several questions regarding the Application’s request for triple piling clusters. He noted that many neighbors with smaller vessels typically turn east from Tarpon River onto the New River, and feel the west cluster piling would obstruct this right turn and present a new hazard to safety and navigation.

Mr. Buckingham continued that because the stern of any yacht at the subject location will face west, all water traffic on the Tarpon River will have to pass onto the New River behind it. He stated that individuals using paddleboards and kayaks will be impeded by the west piling cluster. He added that there are clarity concerns with the Application, which refers to the relocation of dolphin pilings that do not presently exist on the property.

Mr. Buckingham concluded that while it is generally accepted that a waiver of limitations request must cite extraordinary circumstances, it has been confirmed that the Applicants have not yet purchased the yacht to which the Application refers. He asserted that for this reason, neighboring property owners do not feel an extraordinary circumstance exists to support the request.

David Rose, private citizen, stated that he felt it would be difficult to maneuver a vessel the size of the proposed yacht into the subject property without extending into the Tarpon River or a neighboring property. He objected to the idea of additional intrusion into the public waterway.

Gaylord Woods, private citizen, advised that according to Section 47-19.3.H of the ULDR, it is illegal to dock a vessel within a property’s setback, which he stated has been done at the Applicants’ property. He added that two vessels are already docked at the property, where the river is 38 ft. wide, and noted that 30% of the waterway at this location would be 11.4 ft. He felt the addition of another large boat at the subject location would present a safety issue.

Jack Malloy, private citizen, stated that he is the Applicant’s immediate eastern neighbor. He expressed concern for the intersection of large and small boat traffic coming from the Tarpon River onto the New River. He concluded that there are no outside pilings on any City-owned dock on the New River. It was noted that Mr. Malloy is a former member of the Marine Advisory Board.

William Cosby, project manager for the Applicants, advised that the subject area is sufficiently wide to allow turning by vessels towing yachts. He distributed a document to the Board, stating that an underwater survey was required before work could begin on the Applicants’ property, which showed that vessels on the site would have needed to be beyond the pilings in order to prevent running aground. He did not feel it would be Marine Advisory Board November 16, 2015 Page 5

difficult for a vessel to make a right turn onto the Tarpon River without hitting traffic. He advised that there may be other issues affecting opposition to the Application.

Mr. Cosby concluded that he would be willing to relocate the pilings or place lights on them if necessary. He provided photographs of a portion of the New River where the navigational channel has been reduced to approximately 60 ft.

The Board discussed the Application further, clarifying that the Applicants are having a 100 ft. vessel constructed to replace another vessel of the same size. Mr. Cosby explained that the Applicants prefer pilings to fenders due to speeding in the area. It was noted that Code does not require lights to be built into pilings, although Mr. Cosby confirmed that they can be added.

Mr. Buckingham stated that some of the comments made by Mr. Cosby were not true. He did not want these comments to leave an incorrect impression of the neighborhood.

As there were no other members of the public wishing to speak on this Item, Chair Harrison closed the public hearing and brought the discussion back to the Board.

Vice Chair Herhold asked what would be the maximum allowed length of both the vessel and the dolphin piles if boats at the subject property used med style mooring. Mr. Cuba replied that vessels may extend from the property line 30% into the waterway, which is identified in the Application as 90 ft., based upon the width of the river. The piles may extend 25 ft. or 30% of the waterway, whichever is less.

Mr. Holmes asked if the members of the Marine Unit felt there were navigational concerns with the Application. Sgt. Mills advised that a boat docked at the location could partially obstruct a view, but noted that this was not part of the discussion. Mr. Dean commented that a boat on this property would be located well within any sight line from the dock to the east, as the setback is significant.

Mr. Welch observed that one issue is ingress/egress from the canal, which he felt could be a hazard in the dark if there is no boat docked on the property. He suggested that visibility could be improved if the pilings included reflective lighting.

Motion made by Mr. Guardabassi, seconded by Mr. Berry, to approve the Application as it has been submitted.

Mr. Dean advised that he would like the motion to include a requirement for more markings on the pilings than are required by Code, for nighttime visibility. Mr. Guardabassi and Mr. Berry agreed to this amendment.

In a roll call vote, the motion passed 12-1 (Mr. Holmes dissenting).

Marine Advisory Board November 16, 2015 Page 6

VII. Waiver of Limitations – Acque Celesti, LLC c/o Rose Ann Lovell / 900- 910 NE 20th Avenue

Tyler Chappell, representing the Applicant, showed a PowerPoint presentation, including aerial views and video of the property. The Applicant plans to dredge in order to accommodate two boat slips, and there are existing dolphin piles adjacent to and extending out from a finger pier. The site can accommodate vessels up to 80 ft. in length. The waiver would allow triple piles at a maximum distance of 80 ft.; in addition, one finger pier would be replaced with a floating dock parallel to the seawall.

The first triple pile cluster would be placed at 41.8 ft., which would require a distance waiver of 19.4 ft., and additional sets of piles at 42.7 ft. and 80.3 ft., which would require distance waivers of 17.7 ft. and 55.3 ft. respectively. Extraordinary circumstances at the location include the 275 ft. width of the waterway, which would mean the cluster piles are within 30% of the width, and the lack of impediment to navigation. The additional piles are necessary for perpendicular mooring, which will be used with the new floating dock system, during wind and storm events.

Mr. Chappell noted that there are existing waivers in the vicinity, ranging from between 48 ft. to 125 ft. He provided a list of letters of support for the project.

The Board discussed the Application, with Mr. Chappell noting that the two slips will be 22.2 ft. and 22.9 ft. wide. The Application is limited by a submerged land lease, which encompasses the slips, dredge, and dock. The slips will be dredged to a depth of -10.

There being no further questions from the Board at this time, Chair Harrison opened the public hearing. As there were no members of the public wishing to speak on this Item, Chair Harrison closed the public hearing and brought the discussion back to the Board.

Motion made by Mr. Dean, seconded by Mr. Berry, to accept the Application as presented. In a roll call vote, the motion passed 13-0.

VIII. Discussion – Joint City and County Marine Advisory Boards & Committees Meeting – January 12, 2016, 6:30 p.m. – Ann Kolb Nature Center at West Lake Park / 751 Sheridan Street, Hollywood

Mr. Cuba explained that John Fiore, Chairman of the Broward County Marine Advisory Committee, has scheduled a joint meeting between that Committee and other Broward County Marine Advisory Boards. He advised that he would send an additional email on this meeting to the members. All boards in attendance are asked to provide two topics of concern for discussion. Chair Harrison asked that suggestions be submitted to Mr. Cuba’s office in advance of the next Marine Advisory Board meeting, when they will be reviewed.

IX. Reports Marine Advisory Board November 16, 2015 Page 7

Mr. Cuba stated that the City Commission will see a presentation on dredging at the November 17, 2015 Commission Agenda meeting. He estimated that the presentation and discussion will take place at approximately 3:00 p.m., and recommended this meeting as an opportunity for the Board members to provide input on funding sources for dredging.

Chair Harrison recalled the presentation on dredging seen by the Board at the October 1, 2015 meeting, which pointed out that dredging will no longer be funded through the City’s General Fund. Mr. Holmes recalled that there has been discussion of assessing the owners of waterfront property in order to dredge canals, although not all of the City’s canals are currently on the list of waterways to be dredged.

Mr. Dean observed that although the Board had requested a dredging study approximately three years ago, no input was requested from the Board as part of the study by the Public Works Department. The Board discussed the ability of improved waterways to improve jobs and property values in the City.

X. Old / New Business

Vice Chair Herhold distributed copies of an economic impact statement that estimated the industry impact a 165 ft. mega-yacht could bring to the local economy. The expenses came to just under $5 million per year. The report was presented at the United States Super-Yacht Association. Chair Harrison added that Mayor Jack Seiler spoke very positively at the International Boat Show regarding the potential redevelopment of the Las Olas Marina.

Mr. Luscomb reported that there has been one question submitted thus far about the marina redevelopment RFP. The City has stated that one requirement would be a $10 million contribution to the operation. The RFP also refers to a $150,000 annual contribution to the Capital Improvement Fund for the marina. Two hydrographic studies prepared by the Florida Inland Navigational District (FIND) have also been added to the RFP.

The next Board meeting is scheduled for December 3, 2015.

XI. Adjournment

There being no further business to come before the Board at this time, the meeting was adjourned at 7:49 p.m.

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.] DRAFT MINUTES OF THE MARINE ADVISORY BOARD 100 NORTH ANDREWS AVENUE COMMISSION CHAMBERS – FIRST FLOOR FORT LAUDERDALE, FLORIDA THURSDAY, DECEMBER 3, 2015 – 6:00 P.M.

Cumulative Attendance May 2015 - April 2016 Board Members Present Absent Attendance James Harrison, Chair A 4 3 Frank Herhold, Vice Chair A 6 2 F. St. George Guardabassi P 6 1 Jim Welch P 6 1 Robert Dean A 6 2 John Holmes P 4 3 Joe Cain P 6 1 George Cable P 2 0 Jack Newton A 4 3 Jimi Batchelor P 5 2 Cliff Berry II A 5 1 Grant Henderson A 5 1 Bill Walker P 4 0 Zane Brisson A 0 1

As of this date, there are 14 appointed members to the Board, which means 8 would constitute a quorum.

Staff Andrew Cuba, Manager of Marine Facilities Levend Ekendiz, Dockmaster Sergeant Todd Mills, Marine Police Staff Brigitte Chiappetta, Recording Secretary, Prototype, Inc.

Communications to City Commission

None.

I. Call to Order / Roll Call

The meeting was called to order at 6:11 p.m.

In the absence of the Chair and Vice Chair, the Board elected a temporary Chair pro tempore.

Marine Advisory Board December 3, 2015 Page 2

Motion made by Mr. Welch, seconded by Mr. Cain, to appoint Mr. Guardabassi to be temporary Chair. The motion was approved by consensus.

II. Approval of Minutes – November 16, 2015

In the absence of a quorum, the November 16, 2015 minutes could not be approved at this time.

III. Statement of Quorum

Roll was called and it was noted that a quorum was not present at the meeting.

IV. Waterway Crime and Boating Safety Report

Sergeant Todd Mills of the Marine Unit reported that since the November 16, 2015 meeting, there have been 10 incidents, two minor marine accidents, 10 marine citations, 65 warnings, and 67 safety checks. Incidents included two fuel spills, an abandoned vessel, minor damage to a dock, construction debris in water, and an abandoned inflatable tender. There were five marine thefts during the past month, including thefts of two lower units, a personal watercraft, and two kayaks.

Sgt. Mills continued that the Winterfest Boat Parade is scheduled for Saturday, December 11. A Captains’ meeting for this event will be held on Monday, December 7, and law enforcement personnel will meet with the Winterfest Boat Parade Committee.

Mr. Welch asked whom to contact if construction debris is found in the water. Mr. Cuba advised that he would send members a contact number for the Parks and Recreation Department, which operates pontoon boats that pick up debris. Sgt. Mills added that individuals may also contact Code Enforcement. A hotline number for City trash collection, 954-828-8000, was also provided. Chair Pro Tempore (PT) Guardabassi also noted that there is a City mobile app, LauderServe, which allows individuals to make service requests.

V. Discussion – Talking Points for Marine- / Boating-Related Issues for Joint City and County Marine Advisory Boards & Committees Meeting – January 12, 2016, 6:30 p.m. – Ann Kolb Nature Center at West Lake Park / 751 Sheridan Street, Hollywood

Mr. Cuba explained that this discussion Item is intended to identify two to three topics to be presented to the Broward County Marine Advisory Committee for placement on the agenda of this upcoming meeting.

He noted that while Vice Chair Frank Herhold could not attend today’s meeting, he had emailed Mr. Cuba’s office to suggest the topics of boating safety and education, as well as increased dockage opportunities. Marine Advisory Board December 3, 2015 Page 3

The Board members discussed several possible topics, including: • Identification of funding sources for dredging • Continued boater education • Additional dry storage for vessels • Greater outreach to boaters, such as a survey or a public meeting • Parking fees at City boat ramps • Parking issues at the 15th Street Boat Ramp • Perceived harassment of boaters by agencies patrolling waterways • Loss of working waterfront • City and County zoning issues • Infrastructure issues

Mr. Cuba advised that the items should be limited to issues that affect the entire County rather than issues specific to Fort Lauderdale, such as issues with the 15th Street Boat Ramp. Sgt. Mills noted that an Officer with the Marine Unit is currently developing a boating safety lesson plan for one local elementary school, which could eventually be expanded to include other schools. The County’s Marine Advisory Committee also funds the Power Squad, an initiative that provides boater education.

Sgt. Mills also addressed the perception of harassment by enforcement agencies, pointing out that most boaters who receive citations from marine law enforcement are typically repeat offenders who have been warned of violations in the past.

Mr. Cuba concluded that the final list of possible discussion items would be sent to the Broward County Marine Advisory Committee: 1. Funding sources for dredging; 2. Continued boater education; 3. Loss of working waterfront / tax incentives / use of County lands; 4. Public meeting of registered boaters.

VI. Reports

Mr. Cuba stated that a pre-bid walk-through for the Las Olas Marina RFP was held earlier in the day. The RFP has been issued and terminates on January 28, 2016. Approximately 40 individuals attended the event, including both vendors and interested parties. He noted that potential bidders may also ask questions online.

VII. Old / New Business

Chair PT Guardabassi requested clarification that cluster pilings must feature reflective devices. Mr. Cuba confirmed this, advising individuals who may see cluster pilings without these devices to contact Code Enforcement.

Marine Advisory Board December 3, 2015 Page 4

VIII. Adjournment

There being no further business to come before the Board at this time, the meeting was adjourned at 7:04 p.m.

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 VlI

MEMORANDUM NO. MF 15-13

DATE: December 17, 2015

TO: Marine Advisory Board

FROM: Andrew Cuba, Manager of Marine Facilities

RE: January 7, 2016 Agenda / Application – Beach Boating Restricted Area Waiver/Code Section 8-175 – Atlantic Beach Clubs-Two, Inc.

Attached is an application for a waiver of the provisions under code section 8-170 through 8-178 to operate through the beach boating restricted zone located up to 100 yards off shore from property located on the beach adjacent to 3049 Alhambra Street (see Exhibit 1).

APPLICATION AND BACKGROUND INFORMATION

The City Code of Ordinances, Section 8-175 (within Exhibit 2) requires among other things that the contents of the application include: the name and address of the business operator; complete description of activities; specific location of activities; proof of insurance coverage; and any additional information which is reasonably necessary to enable the City Commission to determine whether the activities proposed to be conducted under the waiver may constitute a reasonably likely threat of endangering public safety. Among other factors, the City Commission may grant or deny the application and may consider whether:

(1) The waiver application is incomplete in a material respect; (2) The waiver application has been fraudulently completed; (3) The activity proposed under the waiver could not be conducted without a reasonably likely threat of endangering public safety.

SITE LOCATION

As described in the application included in Exhibit 1 the proposed motorized watercraft rental concession is located on beach property adjacent to 3049 Alhambra Street as described in the site plan provided in Exhibit 1. The proposed rental site will consist of a 50’ wide corridor with a minimum of 8 temporary removable orange buoys used to adequately identify the corridor. The corridor is strictly for use by rental watercraft traversing the 100-yard boat restricted zone as required under the code.

Marine Advisory Board January 16, 2016 Page 2

OPERATING PLAN

The operator proposes to maintain a fleet of 8 VX 110 Yamaha wave runners for rental purposes. Additionally, an additional wave runner will be assigned solely as a chase watercraft to control and safeguard watersports activities in accord with the requirements contained in the code. Provisions in the application included in Exhibit 1 have also been made to color code the chase watercraft from rental watercraft for identification purposes. In addition to the wave runners, a 10 passenger ‘banana boat’ and ‘jet pack’ rides will be available for rent. The designated non-permanent over-night storage site for wave runners and other equipment must be secured in an area above the high water mark as required by the code.

RECOMMENDATIONS

To summarize the above, we find that the proposed business operation meets all of the conditions of the code. The recommendations and requirements for this applicant are implemented to maintain consistency. In addition, the special safety conditions imposed on the motorized rental concession include:

1. Corridor buoys shall be placed fifty feet (50’) apart with measurement starting from the 100 yard boating restricted outer demarcation line currently marked with white cylindrical buoys.

2. The forward portion of all motorized rental watercraft and the chase watercraft shall be sufficient in size to permit identification a minimum distance of 150 yards.

3. Prior to operating the business operator’s insurance certificate shall be reviewed by the City’s Risk Manager in accord with code section 8-175(6).

4. Prior to operating daily a minimum of 2 signs must be posted along the high water mark at each boundary of the corridor to sufficiently warn the swimming public not to enter the watercraft launching area. Signs shall be removed at the end of each day and stored above the high water mark in the designated area under cover in a secure location to prevent theft.

AC Attachment cc: Carl Wiiliams, Deputy Director of Parks and Recreation

ATLANTIC BEACH CLUBS-TWO, INC.

APPLICATION FOR WATERWAY PERMITS, WAIVERS AND LICENSES

December 10, 2015

ATLANTIC BEACH CLUBS-TWO, INC.

EXHIBITS INDEX

CITY OF FORT LAUDERDALE MARINE FACILITIES APPLICATION FOR WATERWAY PERMITS, WAIVERS AND LICENSES Page 3

INTRODUCTION Page 5

DESCRIPTION OF EQUIPMENT AND ACTIVITIES Page 6 ● STORAGE SITE PLAN ● EQUIPMENT PHOTOS

PRE-RENTAL INSTRUCTIONS/WAIVER FORMS Page 9 ● DECLARATION OF FITNESS/PWC ● PWC LIABILITY RELEASE WAIVER

SAFETY CHANNEL/MARKED CORRIDOR Page 11 ● BUOY PHOTO ● SIGN PHOTO

EQUIPMENT MAINTENANCE/FUEL HANDLING Page 12 ● PWC OPENING CHECKLIST ● PWC CLOSING CHECKLIST

CONCESSION SITE PLAN Page 15

INSURANCE CERTIFICATE Emailed as Separate File

Page 2 of 15

CITY OF FORT LAUDERDALE MARINE FACILITIES APPLICATION FOR WATERWAY PERMITS, WAIVERS AND LICENSES

Any agreement with the City of Fort Lauderdale and other parties, such as, but not limited to, licenses, permits, and approvals involving municipal docking facilities or private uses in the waterways as regulated by Section 8 of the City Code of Ordinances of Section 17-19.3 of the City’s Urban Land Development Regulations shall be preceded by the execution and filing of the following application form available at the Office of the Supervisor of Marine Facilities. The completed application must be presented with the applicable processing fee paid before the agreement is prepared or the application processed for formal consideration (See City of Fort Lauderdale Code Section 2-157). If legal publication is necessary, the applicant agrees to pay the cost of such publication in addition to the application fee.

APPLICATION FORM - MUST BE TYPEWRITTEN FORM ONLY

1. LEGAL NAME OF APPLICANT - (if corporation, name and titles of officers as well as the exact name of corporation. If individuals doing business under fictitious name, correct names of individuals, not fictitious names, must be used):

NAME: Atlantic Beach Clubs-Two, Inc. Adam Vaughn, CEO

TELEPHONE (804) 512-8749 (954) 462-7267 NUMBER: Business Fax

2. ADDRESS: 1033 NE 17TH WAY, UNIT 704 FORT LAUDERDALE, FLORIDA 33304

3. TYPE OF AGREEMENT DESIRED: Waiver for Motorized Watersports Rental Concession/Public Beach

4. REASON FOR REQUEST: Rental of watercraft and banana boat rentals on public beach governed by 8-170 through 8-178 of the City Code

5. ADDRESS AND LEGAL DESCRIPTION OF PREMISES OR AREA AFFECTED: The concession area is a fifty foot wide area of the beach east of the beach.

STREET ADDRESS:

Page 3 of 15

LEGAL DESCRIPTION: A portion of section 7 township 50 south, range 43 east bounded as follows:

On the North by a line 75 feet south of, as measured by right angles to the eastern projection of the centerline of Alhambra Street; On the west by a line 35’ east of the east right of way line of Atlantic Boulevard (State road A-1-A); on the south by a line of 75’ south of, as measured at right angles to the easterly projection of the centerline of Alhambra Street and on the east by all as shown on the Broward County records Plat Book No. 19 Page 26 of the Birch Ocean Front Sub, portion of block A. Said lands situated, lying and being in the City of Fort Lauderdale, Broward County, Florida.

The general description of the concession areas is fifty (50) foot wide area of the beach east of the access stairway at Alhambra Street.

6. PROOF OF OWNERSHIP - (Certificate of title by recognized title company certifying ownership of land):

7. SIGNATURE AND TITLE: N/A

8. WATERSPORT OPERATOR’S NAME: Atlantic Beach Clubs-Two, Inc.

MAILING ADDRESS: 1033 NE 17TH WAY, UNIT 704 FORT LAUDERDALE, FLORIDA 33304

SIGNATURE AND TITLE: ADAM M. VAUGHN, CEO

______

The sum of ______was paid by the above named applicant on the ______day of ______, 2015.

======FOR OFFICIAL USE ONLY ======Marine Advisory Board Action: Commission Action: Formal Action taken on ______Formal action taken on ______

Accepted ______Continued to ______Accepted ______Continued to ______

Rejected ______Referred to ______Rejected ______Referred to ______

Page 4 of 15

INTRODUCTION

Atlantic Beach Clubs is honored to have been chosen by the City of Fort Lauderdale to operate the Motorized Watercraft Beach Concession on Fort Lauderdale Beach (RFP 555-11582)

Atlantic Beach Clubs is proud of its 17 plus year past and present service to the watersports needs of both residents and visitors of Fort Lauderdale.

Based upon our experience in the industry, we are well aware of the City’s needs for this Concession, as well as the safest and most profitable ways of fulfilling these needs.

We believe that “actions speak louder than words” and that our history of financial stability, safety record, knowledgeable and dependable personnel and up-to-date and safe equipment allows us to understand the essential needs for safety, professional staff, enjoyable and safe equipment required by the City of Fort Lauderdale.

The City’s needs for this concession dovetails perfectly into our philosophy and experience in fulfilling those needs.

Atlantic Beach Clubs management intends to work with the Marine Advisory Board and the City of Fort Lauderdale every step of the way to ensure that every detail of our plan for the Motorized Watercraft Beach Concession is expanded and executed in a way that will do the City proud.

Our commitment in terms of dollars invested and excellence in personnel, marketing, profitability, equipment and safety procedures are set forth in this application.

Page 5 of 15

DESCRIPTION OF EQUIPMENT AND ACTIVITIES

Atlantic Beach Clubs will offer three types of activities at this concession. There will be waverunner rentals, banana boat rides, and jet pack rides. There will be a total of eight waverunners, one 10 passenger banana boat and jet pack rides. All equipment will be stored on site (See Page 3, Storage Site Plan). This plan offers a visual of what the site will look like after business hours. All equipment will be locked with security cables and master padlocks. The waverunners will be covered with custom-made covers.

The waverunners used for this operation will be Yamaha VX-110 (See Page 4). They will be purchased brand new, will be 2015 models and will be replaced every two years or sooner as per City code. These waverunners are 3 seaters with 4 stroke engines that produce 110 horsepower. They will support a maximum of 530 pounds. These newer model waverunners have a noise muffling system that is below the waterline, which reduces noise levels. This vessel produces 82 decibels, which is below the state’s legal limit.

The waverunner rentals will consist of nine total waverunners, eight of which will be rental vessels and one will be the required chase vessel. One chase vessel will be readily available in close proximity to the marked corridor for use by Atlantic Beach Club staff when any rental watercraft is in operation. This chase watercraft will be labeled on the front hood in large white letters, “CHASE”.

The rental watercraft will be labeled with large white numbers on the front hood to identify Atlantic Beach Club rentals. These numbers will be large enough to allow the rental watercraft to be identifiable from a distance of 150 yards.

The banana boat used for this concession is a 10 passenger Island Hopper Banana Boat. It is the “ Island Taxi” edition (See Page 5). This banana boat can seat from 1 to 10 persons in a time. There are 5 seats on the port side and 5 seats on the starboard side. Passengers sit on top of the banana boat and hold on to a strap that is built in to the banana itself. The banana boat is pulled by a waverunner. As per state requirements the banana boat will be driven by a licensed staff member. Also, as per state regulations, the tow vessel will have rear view mirrors allowing the driver a constant watch over the passengers.

For the waverunner rentals and banana boat rides all customers will be required to wear US Coast Guard approved Type 1 personal flotation devices at all times.

Page 6 of 15

STORAGE SITE PLAN (not to scale)

Sea Wall

Chase Wave Runners ZONE A ATV

Banana Boat Storage Boxes

ZONE B

ZONE C

Ocean

Page 7 of 15

Page 8 of 15

PRE-RENTAL INSTRUCTIONS/WAIVER FORMS

The very first issue to resolve when renting a waverunner is to determine the age of the customer. To operate a vessel powered by a motor of 10 horsepower or greater, a person who was born on or after January 1st, 1988, must have completed a boater education course approved by the National Association of State Boating Law Administrators (NASBLA) or passed an approved equivalency exam. If a person is born prior to this date they are exempt from this requirement. All customers affected by this requirement will be allowed to get a temporary boaters license on site for a cost of $3.00. The minimum age to rent a waverunner is 18. The minimum age to operate a waverunner is 14.

Atlantic Beach Club will offer pre-rental instructions to all of its customers. Company staff will inform renters about the safe and proper operation of a personal watercraft. This information will include but not be limited to:

Reckless operation, and noise, nuisance, and environmental concerns

Operational characteristics of PWC’s-propulsion, steering, and stopping characteristics

Safe vessel operation and vessel “right-of-way” rules

Applicability of the navigation rules to PWC operation

Problems with seeing and being seen by other boaters

The location and content of warning labels

Responsibility of the operator and safe and proper operation of the vessel

Local characteristics of the waterway including the corridor and open sea

Once the orientation is complete, Atlantic Beach Clubs will provide all waverunner operators with a written form which will notify the operators of the special conditions of the rental and any applicable penalties for violating any of the conditions. Before allowing the rental watercraft to be operated within the corridor, Atlantic Beach Club will have the operator sign the form, acknowledging that the operator has read the form and will comply with the special operating conditions (See Pages 8 through 11).

In addition to this form, Atlantic Beach Club will require the operator to sign the PWC Renter Orientation Checklist. This checklist is provided by the Florida Fish and Wildlife Commission (See Page 12).

Page 9 of 15

RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS & INDEMNIFICATOIN AGREEMENT Notice – By signing this document you may be waiving certain legal rights, including the right to sue.

Release and Waiver of Claims: Assumption of the Risk: Indemnification Agreement In consideration of being allowed to use the facilities, vessels, and participate in operating personal watercraft and other activities (collectively the “Activities”) provided by Seabreeze Boat Rentals Inc. (the “Host”), the Participant hereby agrees, to the fullest extent permitted by law, as follows: 1) TO WAIVE ALL CLAIMS that he/she has or may have against the Host arising out of the Participant’s participation in the Activities or the use of any equipment provided by the Host (“Equipment”), including while receiving instruction and/or training. As used herein, the term “Equipment” shall include, but not be limited to, personal watercraft; 2) TO ASSUME ALL RISKS of participating in the Activities and using the Equipment, even those caused by the negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agents, and/or officers. The Participant understands that there are inherent risks of participating in the Activities and using the Equipment, which may be both foreseen and unforeseen and include serious physical injury and death; 3) TO RELEASE the Host, its owners, affiliates, operators, employees, agents, and officers from all liability for any loss, damage, injury, death or expense that the Participant (or his/her next of kin) may suffer, arising out of his/her participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training. The acts or conduct of the Host, its owners, affiliates, operators, employees, agents, and/or officers, to the fullest extent permitted by law. However, nothing in this Agreement shall be construed as a release for conduct that is found to constitute gross negligence or intentional conduct; and 4) TO INDEMNIFY the Host, its owners, affiliates, operators, employees, agents, and/or officers, from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training.

Personal Responsibility The participant certifies that he/she has no physical or mental condition that precludes him/her from participating in the Activities and that he/she is not participating against medical advice. The participant understands that his/her participation in the Activities is voluntary and further understands that he/she has the opportunity to inspect the Host’s Equipment, vessels, and facilities before any participation. The Participant understands that he/she is obligated to follow the rules of the Activities and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings. If, while participating in the Activities, the Participant observes any unusual hazard or condition, which he/she believes jeopardizes his/her personal safety or that of others, he/she will remove himself/herself from participation in the Activities and immediately bring said hazard or condition to the attention of the Host. To the extent that any portion of this Agreement is deemed to be invalid under the law of the applicable jurisdiction, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding. I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

Participant’s Name (Printed): Date: Participant’s Signature: Date:

FORM 1505 (1112) FL Personal Watercraft Adult – Page 1 of 1

Page 10 of 15

SAFETY CHANNEL/MARKED CORRIDOR

A corridor will be designed by Atlantic Beach Club to provide an appropriate level of safety for the transit of waverunners and banana boat riders from the sandy beach through the restricted area out to open waters. The width of this corridor will be approximately 50 feet wide. Eight orange buoys (See Page 14), will mark the corridor. Four buoys will be placed on the north side of the corridor and the other four buoys will be placed on the south side of the corridor. These buoys will be evenly spaced and approximately 20 yards apart as you look at them East to West. These buoys will be placed each day before the first rental and will be removed each evening after the last rental has returned to shore. These buoys will be placed in storage lockers during overnight hours.

Additionally, the corridor will be marked on the sandy beach with one sign on the north edge of the corridor and one sign on the south edge of the corridor. These signs will warn all swimmers to stay out of the corridor (See Page 15). Page 15 demonstrates the language that will appear on the signs. The dimensions of the signs, which contain the beach concession logo will be 36” long by 24” wide. The signs are red background with white lettering.

All waverunners will proceed in the marked corridor at the slowest speed necessary to maintain safe steerage. Atlantic Beach Club will warn all watercraft operators when operating in the marked corridor to proceed at the appropriate speed and to yield the right-of-way to any swimmer.

Page 11 of 15

EQUIPMENT MAINTENANCE

Because safety is our primary concern, Atlantic Beach Club inspects its waverunners twice a day. Once in the morning, using a waverunner opening checklist (See Page 17) and once after business using a waverunner closing checklist (See Page 18).

If at any time a waverunner does not pass a safety checklist, it is removed from service. All maintenance and repair work will be performed in our warehouse by a qualified technician. If the waverunner is still under its warranty, the maintenance will be performed by Riva Yamaha. At no time will maintenance be performed on the sandy beach.

FUEL HANDLING

For fueling, gas will be provided daily in 5 gallon gas containers. All federal, state and local regulations will be followed. All fuel containers will be placed in City fire department approved containment vessels located above the high water mark to protect the beach environment from fuel spillage. A maximum of 25 gallons of fuel will be stored at any one time during day operations. Fuel containment drip buckets will be used to make sure gas does not get spilled on to the sandy beach. As a backup, absorption pads will be on site to clean up any spillage in the event of an emergency. Fuel will not be stored on the beach overnight.

Page 12 of 15

ATLANTIC BEACH CLUBS WAVE RUNNER OPENING CHECKLIST Date:

Day:

Initial

Registration Decal in Place FL Numbers in Place Fire Extinguishers Lanyards and Whistles Grips in Good Working Order Oil Checked Wave Runners Fully Fueled All Hoses/Connections in Good Order Rescue Ski Fully Equipped Wave Runners Clean

Comments/List Any Broken Items Here:

Page 13 of 15

ATLANTIC BEACH CLUBS WAVE RUNNER CLOSING CHECKLIST Date:

Day:

Initial

Comments/List Any Broken Items Here:

Page 14 of 15

CONCESSION SITE PLAN (not to scale)

Sea Wall

ZONE A

ATV 35 feet

Storage Boxes

ZONE B

Welcome Center

Banana Boat ZONE C

Chase Wave Runners

Vehicle Ocean Exclusion Corridor

Page 15 of 15

ITEM VIII MEMORANDUM MF NO. 15-11

DATE: December 17, 2015

TO: Marine Advisory Board Members

FROM: Andrew Cuba, Manager of Marine Facilities

RE: January 7, 2016 MAB Meeting – Application for Dock Permit – William & Ethyl McIntyre / 1516 Ponce De Leon Drive

Attached for your review is an application from William & Ethyl McIntyre / 1516 Ponce De Leon Drive (see Exhibit 1).

APPLICATION AND BACKGROUND INFORMATION

The applicant is seeking approval for use, maintenance and repair of an existing approximately 37’ long x 10’ wide marginal dock and 12’x7’ floating dock with aluminum ramp on public property abbutting the waterway adjacent 1516 Ponce De Leon Drive (see Exhibit 1). City Code Section 8-144 authorizes the construction and use of docks on public property, and allows for the permit to be issued for a fixed period provided the permit holder agrees to maintain the improvements and seawall.

PROPERTY LOCATION AND ZONING

The property is located within the Rio Vista Isles RS-8 Residential Low Density Zoning District. The existing dock is directly adjacent to the Rio Vista Canal with direct access to the Intracoastal Waterway.

ENGINEERING REVIEW REQUIREMENT

As a requirement of City Code Section 8-144, approval of the application is contingent upon all existing improvements to the property being maintained in accord with City Engineering standards and in full compliance with building and zoning regulations including construction permits required for any future electrical and water feeds to the property. City Staff has inspected this dock and it appears to be structurally sound.

The granting of this Permit is subject to all of the provisions of City Code Section 8-144 as well as the following terms and conditions, violation of any of which shall be grounds for revocation of the Permit: 1. The fixed period of the Permit issued for use of the Marginal and Floating Dock and Adjacent Seawall described in the application is for a period of five (5) years in accordance with City Code Section 8-144 (1). The Permit is revocable at the will of the City Commission, without cause with 90 days advance notice.

2. As a special condition, the City reserves the right to remove the existing Dock and existing Mooring Piles structures for replacement of the seawall in the event that this might be required during the term of the Permit as determined by the City Engineer. The sole cost of removal and replacement of the Dock and Mooring Piles shall be the responsibility of the Permit Holder. Furthermore, the Permit Holder shall be responsible for maintaining and beautifying a reasonable area in and around the dock location and failure to do so shall be grounds for revocation of this Permit.

Marine Advisory Board January 7, 2016 Page 2

3. As a special condition of the Permit, the Permit Holder is prohibited from erecting any signs, landscaping or fencing to restrict pubic access to the Dock Area except where permitted by Code. The “Dock Area” shall include the Finger Pier, Mooring Piles (if required), and adjoining seawall.

4. The public property abutting the waterway or Dock Area being used by the Permit Holder shall be kept open at all times as means of reasonable ingress and egress to the public, but Permit Holder shall have the right to exclude the public from a reasonable portion upon which improvements have been placed, not exceeding fifty (50%) percent of the area.

5. All existing improvements to the Dock Area must be in accord with City Engineering design standards and in compliance with applicable building and zoning permit requirements. Copies of all construction permits must be submitted to the Supervisor of Marine Facilities upon completion and authorization by the City’s Building Services Department.

6. The Permit granted herein shall not be assignable without the written approval by Resolution adopted by the City Commission.

7. Permit Holder shall not charge or collect any rent or fees from anyone using such dock constructed on public property. No signage shall be placed upon such dock indicating it is a private dock.

8. As a special condition, vessels berthed within the Dock Area are prohibited from extending beyond the maximum distance of 30% of the width of the waterway.

9. As a special condition, vessels berthed within the Dock Area must not encroach into the northerly or southerly extension of the 5' set-back required for the RS-8 zoning district for Applicant’s (Permit Holder’s) Property.

10. As a special condition of the permit, in the event Permit Holder is found by the City Commission to have violated any of the above conditions or is found by the Code Enforcement Board, Special Magistrate or County Court Judge to have violated any Code sections relative to the use of the Dock Area, Dock and Mooring Piles, then the Permit granted herein may be repealed or rescinded by the City Commission upon thirty days’ advance notice to the Permit Holder.

11. Use of the dock is limited to the docking of a vessel owned by the Permit Holder with a copy of the documentation showing the name and registration number of all vessels provided by the Applicant to the Supervisor of Marine Facilities.

12. The Permit Holder is prohibited from mooring any watercraft or vessel in such a manner that it is “rafted out” from any additional vessel owned or operated by the Applicant.

AC Attachment cc: Carl Williams, Deputy Director of Parks and Recreation

ITEM IX MEMORANDUM MF NO. 15-12

DATE: December 17, 2015

TO: Marine Advisory Board Members

FROM: Andrew Cuba, Manager of Marine Facilities

RE: January 7, 2016 MAB Meeting – Application for Dock Permit – William & Ethyl McIntyre / 621 Cordova Road

Attached for your review is an application from William & Ethyl McIntyre / 621 Cordova Road (see Exhibit 1).

APPLICATION AND BACKGROUND INFORMATION

The applicant is seeking approval for use, maintenance and repair of an existing approximately 47.5’ long x 6.1’ wide angled finger pier on public property abutting the waterway adjacent to 621 Cordova Road (see Exhibit 1). City Code Section 8-144 authorizes the construction and use of docks on public property, and allows for the permit to be issued for a fixed period provided the permit holder agrees to maintain the improvements and seawall.

PROPERTY LOCATION AND ZONING

The property is located within the Rio Vista Isles RS-8 Residential Low Density Zoning District. The existing dock is directly adjacent to the Rio Vista canal with direct access to the Intracoastal Waterway.

ENGINEERING REVIEW REQUIREMENT

The granting of this Permit is subject to all of the provisions of City Code Section 8-144 as well as the following terms and conditions, violation of any of which shall be grounds for revocation of the Permit: 1. The fixed period of the Permit issued for use of the Finger Pier and Adjacent Seawall described in the application is for a period of five (5) years in accordance with City Code Section 8-144 (1). The Permit is revocable at the will of the City Commission, without cause with 90 days advance notice.

Marine Advisory Board January 7, 2016 Page 2

6. The Permit granted herein shall not be assignable without the written approval by Resolution adopted by the City Commission.

7. Permit Holder shall not charge or collect any rent or fees from anyone using such dock constructed on public property. No signage shall be placed upon such dock indicating it is a private dock.

8. As a special condition, vessels berthed within the Dock Area are prohibited from extending beyond the maximum distance of 30% of the width of the waterway.

12. The Permit Holder is prohibited from mooring any watercraft or vessel in such a manner that it is “rafted out” from any additional vessel owned or operated by the Applicant.

AC Attachment cc: Carl Williams, Deputy Director of Parks and Recreation