Broward County Marine Advisory Committee Meeting Minutes Thursday, March 3, 2016

Broward County Marine Advisory Committee Meeting Minutes Thursday, March 3, 2016 I. CALL TO ORDER The Marine Advisory Committee meeting was called to ...
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Broward County Marine Advisory Committee Meeting Minutes Thursday, March 3, 2016 I. CALL TO ORDER The Marine Advisory Committee meeting was called to order by Chair Daniel Yaffe at Secret Woods Nature Center located at 2701 West State Road 84, Dania Beach, Florida, at 2:05pm. II. ROLL CALL Members:

Randolph Adams Ron Anania Cliff Berry Allan Burrows Penny Cutt Mark Ercolin Cliff Germano Peter Grady Debera Hallmark James Mathie Christian Spieker Anita Walker Barry Webber, Vice Chair Daniel Yaffe, Chair

Staff:

John Fiore, Staff Liaison Heather Soto, Administrative Coordinator, Parks & Recreation Division

Guests:

Dayna Bhaggan, Fort Lauderdale Police Department Sgt. Joe Capua, Broward Sheriff’s Office Officer Chris Clemons, Fort Lauderdale Police Department Sgt. Albert Cooper, Hollywood Police Department Rafael Copa, Broward Sheriff’s Office Matt Domke, City of Hollywood Marina Officer Paul McCormick, Lighthouse Point Police Department Capt. Michel Michel, Hallandale Beach Police Department Commander Tom Nolan, Pompano Beach Power Squadron Secretary Pat Nolan, Pompano Beach Power Squadron Past Commander Denise Porter, Pompano Beach Power Squadron Lt. Jim Pugliese, Hillsboro Beach Police Department Sgt. Jaime Ramirez, Wilton Manors Police Department Officer Jason Thomas, Hollywood Police Department Micheline Vitale, Hollywood Police Department Kyle Woloch

Staff called roll, and a quorum was present. III. PUBLIC COMMENTS Kyle Woloch, a resident of the City of Hollywood, addressed the Committee regarding derelict vessels. He is a part of the sailing community and is interested to know how the public can assist with the removal of derelict vessels along the ICW. Chair Yaffe stated that the Committee has been dealing with this issue Page 1 of 8

for a number of years, and Mr. Fiore explained that the Broward Boating Improvement Program provides funding for removal of these vessels. He stated that State and admiralty laws apply to the removal of derelict vessels and that the Committee would appreciate any assistance. Mr. Woloch discussed having a bill passed in Tallahassee, as well as vessels which have no identification. Mr. Ercolin explained that maritime liens can follow a vessel forever, and a vessel may sit unattended as long as it is not infringing upon commerce. Chair Yaffe suggested that Mr. Woloch contact the local law enforcement agency. He explained that while the Committee does provide funding for derelict vessel removal, it is not involved in the process of determining ownership. Mr. Woloch discussed a nonprofit group in Delray Beach, Lagoon Keepers, which has been taking care of derelict vessels for ten years. The group has pulled 201 vessels. Mr. Fiore explained that the Committee does not get involved with vessels located behind private property. Mr. Woloch stated that he and a group of people would like to take care of Dania Beach as well as the ICW at Sheridan Street. Mr. Germano invited Mr. Woloch to attend the Hollywood Marine Advisory Board meetings. IV. APPROVAL OF MINUTES Mr. Ercolin made a motion to approve the minutes of the February 4, 2016, meeting as submitted, and Mr. Anania seconded the motion. The motion passed unanimously. V. CORRESPONDENCE Mr. Fiore stated that letters were sent to the EMLEG applicants advising them that their applications were received as well as providing the dates of the meetings. VI. OLD BUSINESS Chair Yaffe stated that the manatee reports will cease at the end of the month. Surveys are no longer conducted after manatee season ends. A statewide survey was conducted and found that the number of manatees counted increased from last year. Over 6,000 manatees were counted in the State, and the FWC has issued a report. Mr. Fiore stated that when there was cold weather up north, between 850 and 870 manatees were counted in Broward County. VII. NEW BUSINESS Chair Yaffe stated that he will request members to visit with each department and report back to the Committee. The only requirement is that the member does not live within the City with which they will meet. City of Wilton Manors The marine patrol consists of six officers who work the nautical unit on a part-time basis. They work EMLEG weekend and aggressive hours based on a rotating schedule in addition to their normal patrol duties. They are scheduled to work EMLEG holiday hours which the Committee assigned them to work. The officers patrol the waterways, boat ramps, bridges, and parks and distribute marine industry brochures. They operate the patrol boat which the Committee purchased in 2000. It is still in good working condition. The City is requesting $35,552 for four eight-hour shifts of weekend patrols each month and four eighthour shifts of aggressive patrols each month. This will provide 808 hours of additional waterway patrols above and beyond the normal patrol duties. Mr. Spieker volunteered to meet with Wilton Manors. Page 2 of 8

Power Squadron/Pompano Beach Denise Porter is the past Commander and current Grant Administrator for the Pompano Beach Power Squadron (PBPS). She introduced the current Commander, Tom Nolan, as well as the Secretary, Pat Nolan. Ms. Porter stated that in 2015, 84% of the students were over the age of forty. According to the U.S. Coast Guard’s 2014 report, the majority of accidents and deaths on the water involve people who are 36 years old and older. Sixty four percent of the students have five years or less boating experience. In 2015, the PBPS instructed 2,014 students. Of the 5,333 reportable boating accidents in 2014, only 54 involved an operator who had taken the Power Squadron boating course. The PBPS began running television ads in 2012, but they are not requesting grant funding for this moving forward. Ms. Porter stated that print ads are the number one source for their students (38%). Sun-Sentinel advertising constitutes 23% of that number. The PBPS has increased its use of social media and internet advertising. In 2015, 25% of their students had learned of the class via the internet. From 2013 to 2015, 83 Broward County residents took the online course. James McEntee has agreed to be the new Public Relations Officer. The PBPS has a presence at the Pompano Nautical Flea Market as well as the Fort Lauderdale International Boat Show. They are requesting advertising dollars as well as the subsidy for the course materials for the ABC Safe Boating Course and on the water training for Broward County residents. Only the first twenty students receive a discounted price for the course. They would like to include the vessel safety check in their advertising. The PBPS is requesting $30,000. Mr. Ercolin inquired if the majority of the students are Broward residents, and Ms. Porter responded that they are. The PBPS only advertises in Broward. Ms. Porter also stated that they track Google. Facebook advertising is very inexpensive, and they have placed their television ad on their Facebook page. Twelve thousand people have viewed the television ad on Facebook. The PBPS is requesting additional funding for social media advertising. Mr. Ercolin volunteered to meet with the Power Squadron. City of Lighthouse Point Paul McCormick is with the Lighthouse Point Police Department. He is also one of the eight boat operators they have. Last year, the City received funding for 740 hours from EMLEG. This year, they are requesting 840 hours with 100 additional hours for aggressive patrols. They are also requesting additional funds of $3,000 to allow for three of their newer officers to attend the forty-hour Marine Law Enforcement Training Program. The City has thirteen miles of inland waterways, the ICW, and the Hillsboro Inlet. It also has a marina, a yacht club, and two parks which are frequented by boaters. EMLEG enables them to enhance what they already do. Mr. Burrows volunteered to meet with Lighthouse Point. City of Hollywood Jason Thomas is the Marine Patrol Officer for the City of Hollywood. The marine unit consists of himself as the full-time officer as well as other officers who work part-time to cover his days off. The City is requesting $36,960 to cover EMLEG zone 8, and $17,600 for aggressive patrols. The City has two oceancapable vessels. They purchased a vessel to work with their dive team. The officers respond to boating accidents, people going overboard, lost divers, and personal watercraft violations. They also monitor the boat ramps and advise boaters if their vessels don’t appear to be sea-worthy. Mr. Berry volunteered to meet with Hollywood. Mr. Fiore stated that Officer Thomas has been with the City for many years and will be retiring soon. He thanked Officer Thomas for doing a great job helping on the waterways, at West Lake Park, and at Hollywood North Beach. Officer Thomas stated that he has felt nothing but support from this Committee. Page 3 of 8

Town of Hillsboro Beach Officer Jim Pugliese stated that the Town of Hillsboro Beach has fourteen sworn officers, ten of whom are certified for marine patrol. The Town is surrounded by water. In fiscal year 15/16, the Town received funding for 646 hours. The Town relies on the assistance EMLEG provides and could not sustain the program without it. This year, they would like to have the new officers attend the enhanced training. Chair Yaffe volunteered to meet with Hillsboro Beach. Mr. Fiore stated that in the current year, the Committee funded $3,000 for dredging under the police boat lift. A second request for $3,000 for the same project was submitted for next year. Officer Pugliese responded that the dredging is scheduled for the week of March 19th, and he will look into the request for additional funds. City of Hallandale Beach Michel Michel is the Captain of the Hallandale Beach Police Department. The City has been a part of the EMLEG program since its inception. The City probably would not have had a marine unit for so many years were it not for the support of EMLEG. Hallandale Beach is the southernmost city in Broward County. There is a 25mph speed limit on the ICW. The City has problems with speeding, wake, and congestion. The officers made 1,100 contacts last year, including vessel safety checks. The City has twelve officers who can operate their vessel, which constitutes 10% of the agency’s officers. The City is requesting the same funding as the previous year. Mr. Germano volunteered to meet with Hallandale Beach. City of Fort Lauderdale Dayna Bhaggan is with the Fort Lauderdale Police Department Grants Office, and Chris Clemons is with the Fort Lauderdale Police Department’s Marine Unit. The marine unit is made up of nine full-time staff, including eight officers and one public service aide. There are additional officers who ride with the marine unit on a part-time basis. They operate seven days a week from 7am to 5pm and utilize the grant for evenings and weekends. The City is requesting $130,160, which includes 1,600 patrol hours and 1,240 aggressive hours. It also includes $3,000 for the marine law enforcement class, $2,000 to send two officers for the Captain’s license, $1,000 for 25 fire extinguishers, and $200 for safety inspection stickers. Mr. Fiore inquired about the decrease in the number of public contacts. Officer Clemons responded that the weather has been cooler, and they often see the same boaters. He stated that productivity has not changed. In fact, the officers are spending more hours on the water. Boaters are more apt to obey the laws due to the greater police presence. Violations are generally due to unfamiliarity with the laws. Once the boaters are educated, the officers usually don’t encounter them again. Mr. Grady volunteered to meet with Fort Lauderdale. Broward Sheriff’s Office Sergeant Joe Capua is the Supervisor of the Broward Sheriff’s Office (BSO) Marine Patrol Unit. The unit consists of eleven deputies and Sgt. Capua. BSO covers seven zones, which include Deerfield Beach, Pompano Beach, Lauderdale-by-the-Sea, Port Everglades, Dania Beach, the Everglades conservation areas, the fresh water canals. BSO completed over 80% of last year’s grant. The deputies are on the water seven days a week. In 2015, deputies performed over 4,300 vessel safety inspections, wrote 140 citations, and gave over 3,000 warnings. Deputies visit boat rental agencies in order to assist with educating visitors. Sgt. Capua discussed Zone 11, the conservation areas, which consists of 505,600 square acres. Alligator Alley splits the conservations areas and US 27 splits the conservation areas north of Alligator Alley. The widest area is 31.15 miles at the north end, and the distance from the Palm Beach County line to the Page 4 of 8

Miami Dade County line is 26 miles. The current agreement allows for only one boat to be out on patrol in the conservation area, which is not having an impact. BSO is requesting an exception for Zone 11 to allow for two boats to be out at the same time with a maximum of two deputies on each boat. The Miami Canal serves as a dividing line within the conservation area. For patrols conducted on the east side of the canal, it is permissible for a deputy to be alone. For patrols west of the canal, a deputy must have a partner due to the remoteness of the area. No additional hours are being requested. BSO has three airboats and one vessel for patrolling deep water canals. Chair Yaffe inquired if most of the activity is along I-75, and Sgt. Capua responded that it is. Mile markers 41 and 35 are very active. People feel safe leaving their vehicles at mile marker 35 due to the presence of the fire station. Mr. Anania inquired about the effect of the pilot program through which two airboats were permitted to patrol at the same time. Sgt. Capua said that the pilot program worked very well and was effective. Sgt. Capua stated that BSO has a good working relationship with the Miccosukee wildlife officers. Chair Yaffe also inquired if BSO budgets time for airboat patrols aside from the EMLEG program, and Sgt. Capua responded that they do. The majority of the activity is on the ICW. However, if he is aware of an event taking place out west, he will have deputies stationed there. The deputies perform vessel safety inspections, and their presence alone keeps the boaters in line. The Florida Fish and Wildlife Conservation Commission also does patrols in the conservation area, but they are inconsistent. Mr. Anania volunteered to meet with the Broward Sheriff’s Office. Broward County/Marine Law Enforcement Training Class Mr. Fiore stated that a program funding law enforcement classes began a few years ago. The purpose was to bring up the level of education for officers. The program offers basic and advanced training and has been very successful. The entity which provides the classes requires a minimum of fourteen students. The officers have found the classes to be very valuable. They learn tactics which make patrolling the waterways safer for them and for boaters. Mr. Adams volunteered to meet with Broward County. Chair Yaffe thanked all of the applicants for attending the meeting and giving their presentations. He advised members that they need to meet with their respective agencies within the next thirty days. Mr. Fiore is available to attend the meetings if the members would like him to do so. Discussion of Grant Applications for FY 2016/2017 EMLEG Program Mr. Fiore will be preparing different funding scenarios for the Committee’s consideration. If any member has an idea or any questions, they may contact him. The Committee is also free to create their own funding scenarios. VIII. CHAIR’S REPORT Chair Yaffe stated that there is an article in this month’s edition of The Waterfront Times titled, “State giving money to improve boating access.” The article doesn’t mention that the Committee is already doing this in Broward County. With the Committee’s permission, he would like to write a letter in response and explain what the Committee does. Mr. Adams made this motion, and Mr. Burrows seconded it. The motion passed unanimously. Ms. Walker stated that she can publish it in the newsletter for the Broward County Power Squadrons. IX. COAST GUARD REPORT No report was provided.

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X. DANIA BEACH MAB REPORT No report was provided. XI. DEERFIELD BEACH MAB REPORT Mr. Mathie stated that dredging of canals is an issue. There are sixteen public canals in Deerfield Beach, excluding the ICW and the Hillsboro River. The dredging of the Hillsboro River is a joint project between the Cities of Boca Raton and Deerfield Beach, which will be partially funded by FIND, and should be completed this year. Mr. Mathie stated that the City is exploring various funding options for dredging. Cities receive funding from fuel tax dollars, including fuel used in boats, and use those funds to maintain roadways. He stated that perhaps those dollars could be used to fund dredging as well and inquired if other cities have utilized this tax. Mr. Fiore stated that FIND is the best partner for dredging projects. He also stated that the City of Plantation established a special taxing district for maintaining the waterways, and everyone who owns a house on the water pays the tax. Tax dollars cannot be used to maintain private canals. XII. FORT LAUDERDALE MAB REPORT Mr. Berry stated that the Board held a special meeting regarding the redevelopment of the Bahia Mar site, at which the developer made a presentation. The Board focused on providing feedback on the marine components of the project, including the docks, waterfront, and ensuring the Boat Show remains at that location. The City has mandated that the developer come to a resolution with the owner of the Boat Show prior to moving forward with the development improvements, but this has not yet occurred. One of the Board’s inquiries was whether there will be dock space for day dockage, but there will be no free dockage available. The City owns the property but will be leasing it to the developer. The Board would like to see the City incorporate free dockage into the lease agreement. The project will include two 39-story condominiums, a grocery store, a parking garage, and improvements to the hotel. The parking garage would serve as the new location for the Boat Show. There will be green space along either side of the entrance road. Mr. Berry stated that the City also has concerns with dredging. The City owns between fifty and sixty miles of canals, and FIND will not assist with the dredging. The City is considering establishing a special taxing district for waterfront homes; however, residents spoke out against this to the Board. They stated that everyone utilizes the waterways, not just those who live on them. Plus, they are already paying a higher tax amount because they own property on the water. XIII. HALLANDALE BEACH MAC REPORT No report was provided. XIV. HOLLYWOOD MAB REPORT Mr. Germano stated that the Board felt the joint meeting of all the marine advisory boards was valuable and would like to see it continue. They received a report that their marina has been full. They also planned for the Waterway Cleanup, and Board members will be at each of the Hollywood locations. There have been issues with cleaning the C-10 Canal, and people have been complaining about trash in the waterways. They took pictures of trash plumes coming out of the storm drains and into the ICW. The City used to have a boat that would clean the waterways on a regular basis. The City is looking into buying a boat that will scoop trash out of the water and seeking grant money to purchase the boat. Finally, the Board held elections, and the Chair and Vice Chair will remain in their respective positions.

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XV. POMPANO BEACH MAB REPORT Ms. Cutt stated that the Board is still looking into seawall elevations and researching what other cities are doing. They are waiting for the City to conduct a hydrographic survey to see if the canals need to be dredged. XVI. LIAISON REPORT Mr. Fiore stated that Saturday March 5th is the 39th Annual Waterway Cleanup. MAC Attendance Record

Mr. Fiore provided the Committee with the attendance record. MAC Member List Mr. Fiore provided the Committee with the updated member list. Legislative Update Mr. Fiore stated that Senate Bill 1300 pertaining to at-risk vessels is still moving forward, and it will probably make it to the end of the legislative session. The bill gives law enforcement officers the opportunity to fine owners for their at-risk vessels. Senate Bill 1506 is the manatee speed zone effectiveness study, and this bill did not make it to committee. House Bill 427 allows for a reduced vessel registration fee if an EPIRB is purchased. The House and Senate have voted on this bill, and it will most likely go to the Governor for his signature. House Bill 703 eliminates vessel stops for safety checks, and a revised version is moving forward. It contains a stipulation that a boater who has a sticker from the State noting that his/her vessel has been inspected cannot be stopped for safety issues. Chair Yaffe invited Sgt. Capua to provide his thoughts on this bill. Sgt. Capua stated that he hopes language will be generated in the Statute which provides more guidelines. There was an issue in the past with boaters thinking a safety inspection sticker was valid forever. Chair Yaffe discussed causes for a vessel to be stopped and referenced the incident with the sponsor of the bill. Sgt. Capua responded that the Legislator should have been cited for careless operation, but this is left to the opinion of the law enforcement officer. He stated that there was an incident where a child fell off the bow of a boat and was injured by the props of the boat he was riding. He also stated that this potential new law would not hinder his ability to stop unsafe vessels. The Broward Sheriff’s Office doesn’t stop boaters for safety checks; a stop is always for a separate issue. Once the boater is stopped, his deputies will check the safety equipment. Mr. Adams inquired if under this law, officers will be tasked with finding the boaters who don’t possess the sticker. Chair Yaffe responded that the sticker just exempts boaters from being stopped, and the sticker has no expiration date. Mr. Ercolin stated that State officers don’t have as much latitude to board a vessel as Federal officers. Mr. Fiore inquired about the members’ thoughts on Fort Lauderdale’s request for fire extinguishers under EMLEG. Chair Yaffe asked the members if registration dollars should be used to buy equipment for other boaters. Mr. Spieker stated that he has seen officers refer boaters to marinas to purchase equipment. Mr. Fiore will provide the Committee with two funding scenarios, one with the fire extinguishers and one without.

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XVII. COUNTY ATTORNEY’S REPORT Chair Yaffe stated that the Assistant County Attorneys are being asked to do a tremendous amount of work in other areas. As such, Ms. Eichen may not attend most of the Committee’s meetings. If a member believes an item on the agenda will require an attorney, he/she should inform Mr. Fiore so he can request Ms. Eichen’s attendance. Members may also email questions to Mr. Fiore, who will in turn forward them to Ms. Eichen. XVIII. MAC MEMBER COMMENTS Mr. Anania stated that he has been working on the guide for the ranking system. He believes the solution is to combine questions 1 and 6 and eliminate question 10 altogether as no project helps ecology. He also recommended that the Committee use the explanatory guide rather than the short guide. This will better assist members in assigning points for each project. He would like to bring this issue before the Committee at the May meeting. Mr. Fiore stated that these changes will need to go before the County Commission, and Mr. Anania stated that the changes may be included with the sunset revisions. Mr. Mathie discussed Our Florida Reefs, of which he is a member. He stated that six public meetings were held in Martin, Palm Beach, Broward, and Miami Dade Counties. Over 1,000 comments were made on the 68 recommended management practices. Additional meetings will be held on March 6 th, 7th, 9th, and 10th, at Fern Forest Nature Center. These recommendations affect boaters, fishermen, and divers. Now the group must decide how to adjust the recommendations based on the comments which were received. The goal is to move the recommendations forward to the Legislature. Mr. Germano stated that the City of Cape Coral has a dredging crew which maintains all of the City’s canals on a regular basis. He believes these City employees are funded by the general tax fund. XIX. ADJOURNMENT Mr. Burrows made a motion to adjourn, and Mr. Anania seconded the motion. The motion passed unanimously. The meeting adjourned at 3:35pm.

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