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

Transcription

1 Board Members MINUTES OF THE MARINE ADVISORY BOARD 100 NORTH ANDREWS AVENUE COMMISSION CHAMBERS FIRST FLOOR FORT LAUDERDALE, FLORIDA THURSDAY, JUNE 4, :00 P.M. Attendance Cumulative Attendance May April 2016 Present Absent James Harrison, Chair P 1 1 Frank Herhold, Vice Chair P 2 0 F. St. George Guardabassi P 1 1 Jim Welch P 1 1 Robert Dean P 2 0 John Holmes A 1 1 Joseph Maus P 2 0 Joe Cain P 2 0 Zane Brisson P 2 0 Erik Johnson P 1 1 Jack Newton P 1 1 Jimi Batchelor P 2 0 Cliff Berry II P 1 0 Grant Henderson P 1 0 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 Jonathan Luscomb, Supervisor of Marine Facilities Sergeant Todd Mills, Marine Police Staff Don Morris, Economic Reinvestment Administrator Brigitte Chiappetta, Recording Secretary, Prototype, Inc. Communications to City Commission Motion made by Mr. Guardabassi, seconded by Mr. Maus, that the Marine Advisory Board respectfully requests that the following points be inserted into the Request for Proposal for the Las Olas Marina: In Section III, the Marina location and background information: o Paragraph Fort Lauderdale International Boat Show add, owned by Marine Industries Association of South Florida In additional, paragraph #3:

2 Page 2 o The current special event take into consideration and accommodate the boat in a tenable long-term financial agreement (25 years) with option to renew In 5.3.1, add language: o The successful proposal shall incorporate a design that is compatible with the Fort Lauderdale International Boat Show usage to maximize opportunity for the City of Fort Lauderdale and the Fort Lauderdale International Boat Show with guidance through meetings held with the Marine Industries Association of South Florida Economic Objective: o Ensure a tenable/long-term home of the Fort Lauderdale International Boat Show to benefit the marine industry and the direct economic benefits it brings to the City of Fort Lauderdale and the wider Broward County Increase the financial opportunities to businesses in the City and County by increasing the amount and size of boats using the marina. In a voice vote, the motion passed unanimously. I. Call to Order / Roll Call Chair Harrison called the meeting to order at 6:03 p.m. and roll was called. II. Approval of Minutes May 7, 2015 Motion made by Mr. Dean, seconded by Mr. Cain, 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 Members Grant Henderson & Cliff Berry II Mr. Cuba introduced new members Grant Henderson and Cliff Berry II. Mr. Henderson is a Wisconsin native who has lived in Fort Lauderdale for 15 years and has several years of experience in the yachting industry. Mr. Berry is a native of Fort Lauderdale who represents multiple nonprofit organizations in the area and is a member of the Broward County Marine Advisory Committee. V. Waterway Crime & Boating Safety Report Sgt. Todd Mills of Marine Police Staff reported that during the month of May, there were 13 incidents and two minor boating accidents. The Marine Unit issued three citations and 130 warnings, and conducted 126 safety checks. An Officer was involved in the rescue of an individual who had fallen overboard with no safety equipment. An

3 Page 3 individual was also caught on the FEC Railroad bridge when it went up, and vandalism of Water Taxis occurred when vessels were sprayed with graffiti. Sgt. Mills continued that an individual had drowned off 15 th Street, and the Marine Unit had provided assistance in the search for the victim. He added that four to five individuals had jumped off a freighter and swum to John Lloyd Park as the freighter came into port. The Marine Unit, Broward Sheriff s Office (BSO), the Coast Guard, the Florida Fish and Wildlife Commission (FWC), and the Customs Border Patrol responded to this incident, but the individuals have not yet been found. Sgt. Mills concluded that a fatality occurred north of Oakland Park when a vessel crashed into the seawall and passengers were ejected. Chair Harrison advised that the Marine Industries Association of South Florida (MIASF) has discussed taking a more proactive stance in addressing safety on the City s waterways. He noted that safety is often an enforcement issue, which can only be addressed with greater funding for patrols, particularly at night. There may be some value in the MAB s cooperation with the County and other municipalities to seek Marine Law Enforcement Grants (MLEGs). Sgt. Mills observed that information on waterway incidents is shared between agencies, including some of the agencies cited above which responded to the freighter incident. He explained that it can be difficult to target the cause of some safety issues, such as irresponsible behavior. He also noted that the Marine Unit s grant funding allows for two Officers in a single boat to work one evening shift in each of the City s four marine zones; he was not certain that more Officers would be allowed in any one zone under the current funding structure. Chair Harrison asked if there was a possibility of raising the topic of safety at Broward County Marine Advisory Committee meetings. Mr. Berry replied that not all MLEG grant funds provided to different agencies are used; this would be considered before any additional MLEG funds might be supplied to different zones. Some MLEG funds are earmarked for safety initiatives, such as safety booklets provided by the MIASF. Chair Harrison concluded that he felt MIASF would be the best conduit for safety discussions on a large scale. Chair Harrison provided the Board members with a handout of the 15 th Street boat ramp, recalling that the Board had previously vetted plans for this ramp. He asserted that the ramp s current configuration does not work, and suggested that the Board might be able to address this issue. There are presently eight parking spaces that are longer than the other spaces, although they are not identified as such. Chair Harrison suggested that these spaces could be identified through color-coding or signage. Vice Chair Herhold also provided a handout to the members, stating that he had requested a list of citation violations at the 15 th Street boat ramp from the City s Department of Transportation and Mobility. Most of the citations were issued for

4 Page 4 overtime parking; however, he noted that several tickets were issued for obstructing traffic due to excessive trailer lengths. He agreed that identifying longer spaces would help address this issue. The Board also discussed other issues at this site, noting that while the size of boats and trailers continues to increase, the site does not maximize parking for large vessels, and front-end parking presents a difficulty for many users of the facility. It was noted that drivers often back into parking spaces at this location despite the front-end parking requirement, which results in the loss or spaces and revenue. Mr. Cuba noted that Americans with Disabilities Act (ADA) compliance was also required at the 15 th Street boat ramp, which influenced other issues at the site, such as sidewalks and parking spaces. He recalled that the site s configuration was reviewed by the MAB at least once and has been approved by the City Commission. Chair Harrison stated that he would like to continue discussion of this facility at future meetings so the members could contribute ideas on how to improve the site. Vice Chair Herhold suggested that Department of Transportation and Mobility Director Diana Alarcon could be invited to the next Board meeting to discuss the issue further. VI. Dock Permit Application Troy & Tais Eakins / 1725 SE 8 th Street Tyler Chappell, representing the Applicants, stated that the request is for private use of public lands. There is an existing 30 ft. marginal dock at the Applicant s property. The Applicant is seeking the Board s approval to construct a new seawall and dock and install a boat lift. Letters from adjacent property owners were provided. Use of and access to the dock would be given solely to the Applicant. Because the seawall in the subject area is in poor condition, Mr. Chappell advised that the Applicant will install a new panel wall in front of the existing coral rock wall, with a cap and batter to support the wall as a stand-alone structure. The proposed seawall height is 5.5 ft. It was also noted that the proposed fill above the existing grade will slope from the edge of the pavement to the top of the cap, which will be raised from an elevation of 1.1 ft. to 4 ft. The swale in the area is 12.5 ft. There being no further questions from the Board at this time, Chair Harrison opened the public hearing. As there were no other members of the public wishing to speak on this Item, Chair Harrison closed the public hearing and returned the discussion to the Board. Motion made by Vice Chair Herhold, seconded by Mr. Cain, to approve. In a voice vote, the motion passed unanimously. Chair Harrison requested that Mr. Chappell provide an update on the Riverwalk Pedestrian Walkway, with clarification of the dockage included in its lease. Mr. Chappell explained that there is a provision in the lease language for the mooring of vessels; however, based on input received from the Marine Advisory Board and other public

5 Page 5 comments, the footprint of the walkway has been reduced from 20 ft. to ft. A handrail will be provided along the walkway, and vessels will not be allowed to moor at this dock. There has been no change to the easement language included in the lease. Chair Harrison provided a brief overview of past discussions of the Riverwalk Pedestrian Walkway, noting that the Board had objected to the mooring of vessels as well as the size of the walkway s extension into the river. He expressed concern that a future developer could file a legal claim against the City if boats are not allowed to moor at the dock, as the lease allows dockage but the facility s permits do not. Mr. Chappell pointed out that if the dockage is modified in the future, the applicant would have to repeat the permitting process, including public comment. The submerged land lease will also determine which submerged lands may be used, and does not include any mooring area. A violation of this boundary may result in revocation of the submerged land lease by the State. Mr. Chappell clarified that because this lease language will match the permit language, the submerged land lease will also not allow the mooring of vessels. Chair Harrison asked if the Board should seek an amendment to the lease or bring the lease language to the attention of the City Attorney s Office. Mr. Cuba advised that if the Board feels there is still an issue, he recommended sending a communication to the City Commission, or sending an to his office to be forwarded to the appropriate City Department. Mr. Chappell requested that any such communication occur after permits are issued so the process can continue to move forward. He reiterated that the conditions of the permit already prohibit mooring; revising the easement language would introduce a new lease instrument to be attached to the submerged land lease as a legal exhibit. Mr. Cuba suggested that Chair Harrison prepare a cover letter to accompany the draft minutes on this issue, which he would then forward to the appropriate City Department. VII. Discussion Las Olas Marina RFP Mr. Cuba noted that the Board members had been provided with copies of the draft RFP for the Las Olas Marina. Don Morris, Economic Reinvestment Administrator, advised that at its May 26, 2015 meeting, the City Commission approved a scope of services for consultant CBRE to use in preparation of this RFP. Mr. Morris requested that the members review the document over the next few days and return any comments to Mr. Cuba s office by end of business on Monday, June 8. The RFP is also being provided to the Beach Business Improvement District Advisory Committee and Beach Redevelopment Board, which will hold a joint meeting to discuss the document. The RFP must go before the City Commission on June 16. He noted that representatives of CBRE were present to answer any questions the Board may have.

6 Page 6 Mr. Morris reviewed the RFP, explaining that Section 3 of the RFP includes background information, including plans for new facilities, requirements of the Fort Lauderdale International Boat Show, existing grants and leases, and future development and expansion. Sections 4 and 5 include technical specifications about marina operations and the scope of services for development. He noted that areas of the document are highlighted to show that some specifications have yet to be determined. Mr. Cain commented that the document appears to be very complex and broad in scope compared to other RFPs for less significant City-owned properties. Mr. Morris advised that real estate contracts are managed by the City s Parks and Recreation Department, who could provide more information on the reasons behind this difference. Mr. Cuba suggested that the Board members provide feedback to his office; they may also directly address this issue at the June 16 City Commission meeting, when the RFP is presented for the Commission s approval. Mr. Dean advised that the Board has pressed for marina redevelopment in the past because they felt the City is well-positioned to take on this issue, and recalled that an RFP was sent out two years ago to solicit bids from the private sector. Since that time, a great deal of information has been directed to the City Commission and City Staff by members of the Board. He emphasized that the redevelopment could be accomplished within a time frame of eleven months in order to accommodate the needs of the Boat Show. The Board also discussed the possibility of private redevelopment of the Las Olas Marina, with Mr. Morris noting that a private developer would have greater expertise than the City in building and operating a marina. Mr. Cain pointed out, however, that the City successfully operates numerous marinas that pay for themselves and has qualified Staff members who are able to operate facilities of the proposed size. Vice Chair Herhold emphasized that the RFP should be able to attract high-quality marina developers, and added that the document provided to the Board appeared to include disincentives, such as not allowing a lease, sublease, or lien of the subject property by a successful proposer. Mr. Morris advised that he and Mr. Luscomb had discussed the lease renewal process with the Florida Department of Environmental Protection (FDEP); a follow-up discussion is planned with the liaison of State lands to further clarify this process. It was clarified that because the subject property is owned by the State, a third party may not sublease the land. The Board discussed the terms for the lease of State- or City-owned land or submerged land. Mr. Luscomb advised that the State has made it clear that they wish to know how the subject property would be used, which has yet to be determined. Mr. Newton observed that the Board could assist the City in the structure of the project s financing if the City retained ownership of the marina. Chair Harrison suggested that if

7 Page 7 other dealbreaker issues could not be overcome, this could be a reasonable fallback position for the Board. Mr. Newton also asserted that the RFP should be for construction only. Mr. Morris advised that the City could not afford to redevelop the marina without a substantial contribution from the Beach CRA; because other projects within the Beach CRA are already underway, its funds are limited. There is no City financial commitment to the reconstruction of the marina. Chair Harrison recalled that the Board had hoped to see a presentation from CBRE at a previous meeting. Mr. Morris stated that CBRE is one of the highest-grossing firms in the nation, with significant marine expertise, and is less limited in outreach than the City in its ability to market an RFP. CBRE will not be paid for its efforts on the RFP if the City does not close a deal with a bidder. Vice Chair Herhold requested additional information on the Central Beach CRA Master Plan, noting that some of its budgeted improvements include a parking garage and an intracoastal promenade. Mr. Morris clarified that the City will be responsible for making improvements on land. The promenade s value is estimated at over $8 million. At present, plans for the parking garage include a marine facility on its first floor, with the possibility of additional space for ancillary services and other uses. Mr. Morris confirmed that the Boat Show will be a priority in the planning of this facility. It was noted that the Boat Show provides approximately 5% of the marina s annual income. Mr. Newton commented that there is a great deal of funding available within the CRA that could be used toward the marina instead of other identified uses, including the proposed promenade. Mr. Morris explained that the Beach CRA Master Plan has been vetted by the local community and planned for quite some time. Scott Allen and Jason Spalding, representing CBRE, briefly addressed the Board, advising that CBRE plans to assist the City with its real estate plans in multiple ways, including the CRA, the airport, Departments within City Hall, and affordable housing, in addition to the marina RFP. They were provided with an approved scope of services for the RFP within the past two weeks, although some of the ideas included in the RFP have been discussed over a longer time frame. Mr. Morris confirmed that the draft RFP will also be presented to the Beach Redevelopment Board and Beach Business Improvement District Advisory Committee, which will hold a joint meeting on Monday, June 8 at 2 p.m. to discuss this item. There being no further questions from the Board at this time, Chair Harrison opened the public hearing. As there were no other members of the public wishing to speak on this Item, Chair Harrison closed the public hearing and returned the discussion to the Board. Chair Harrison recommended that the Board send a communication to the City Commission in addition to providing comments on the draft RFP as requested. He observed that the Board has consistently promoted the improvement of the marina in size, capacity, and linear dockage in order to attract more business to the City and the

8 Page 8 marine industry. He emphasized the marina s impact on economic development, particularly if it can attract more and larger vessels to Fort Lauderdale. The Chair also noted that the Board has consistently recommended ensuring that any improvements to the marina give the greatest consideration to the Boat Show. Chair Harrison continued that he has communicated with MIASF s Director of Marine Industries, who emphasized the need for the following goals to be reflected in the marina RFP: Consider and accommodate the Boat Show in a tenable, long-term, renewable financial agreement of 25 years; Ensure that a successful proposal will incorporate a design that is compatible with the Boat Show by meetings between the developer and the MIASF; Ensure the tenable long-term home of the Boat Show to benefit the marine industry, the City, and Broward County; Increase financial opportunities to businesses in the City and County by increasing the amount and size of boats using the marina. Mr. Cuba confirmed that the Board members may directly contact their respective City Commissioners or the Mayor regarding the RFP, as well as sending their comments to his office to be forwarded to Mr. Morris. Members are also encouraged to attend the June 16 City Commission meeting at which the RFP will be discussed further. Motion made by Mr. Newton, seconded by Mr. Guardabassi, that the Marine Advisory Board ask the Commission to postpone consideration of the RFP for two months to give the Marine Advisory Board time to provide guidance regarding the scope of the RFP and related matters. The Board discussed the motion, with Chair Harrison expressing concern that because the Board has previously requested that the Commission take action in proceeding with a plan for the marina RFP, he was not certain that asking for additional time to consider the document was the best course of action. Mr. Morris suggested that the Board could include specific comments on the RFP, such as the goals stated by Chair Harrison, in a communication. Mr. Newton amended his motion as follows: motion to delay [consideration of the marina RFP] for one month, not two. Mr. Welch seconded the motion. It was noted that Mr. Batchelor, Mr. Brisson, and Mr. Dean had left the meeting prior to the motion and vote. In a roll call vote, the motion carried 9-1 (Chair Harrison, Vice Chair Herhold, Mr. Berry, Mr. Cain, Mr. Guardabassi, Mr. Henderson, Mr. Johnson, Mr. Maus, and Mr. Welch dissenting).

9 Page 9 Motion made by Mr. Guardabassi, seconded by Mr. Maus, that the Board respectfully requests that the following points be inserted into the Request for Proposal for the Las Olas Marina: In Section III, the Marina location and background information: o Paragraph Fort Lauderdale International Boat Show add, owned by Marine Industries Association of South Florida In additional, paragraph #3: o [The] current special event take into consideration and accommodate the boat in a tenable long-term financial agreement (25 years) with option to renew In 5.3.1, add language: o The successful proposal shall incorporate a design that is compatible with the Fort Lauderdale International Boat Show usage to maximize opportunity for the City of Fort Lauderdale and the Fort Lauderdale International Boat Show with guidance [through] meetings held with the Marine Industries Association of South Florida Economic Objective: o Ensure a tenable/long-term home of the Fort Lauderdale International Boat Show to benefit the marine industry and the direct economic benefits it brings to the City of Fort Lauderdale and the wider Broward County Increase the financial opportunities to businesses in the city and county by increasing the amount and size of boats using the marina. In a voice vote, the motion passed unanimously. VIII. Reports Mr. Cuba advised that a dock waiver for a boat lift was approved by the City Commission at its June 2 meeting. The boat lift had been approved by both the Marine Advisory Board and the Board of Adjustment (BOA), as it was the third boat lift within a 100 ft. wide area. Mr. Cuba added that there will be no Board meeting in August Chair Harrison stated that the Board members had been sent an by former MAB member Bob Ross in regard to the loading of barges working on seawalls and docks. He noted that he will contact operators who construct docks and seawalls to request their input. He concluded that he would provide a report to the Board at a subsequent meeting. Mr. Cuba reported that an RFP for a marine trash skimmer was released earlier in the week and is available online for viewing. Chair Harrison, Mr. Cuba, and Mr. Luscomb have provided input on the necessary specifications for this vessel. IX. Old / New Business

10 Page 10 Mr. Guardabassi advised that the New River Raft Race will be held on Saturday, June 13, from 3-7 p.m. Mr. Newton revisited the issue of the Las Olas Marina RFP, pointing out that the draft document preempts the Board s ability to outline a proposal for a City-operated marina. He expressed concern with this plan, noting that a major marina builder has shown interest in constructing a City facility; he was also concerned that the City was not accepting the financial estimates for construction, rental rates, and surveys provided by the Board. He stated that the City should not pass this opportunity on to a developer. Chair Harrison stated that June 20, 2015 is Marine Industry Day. An event will be held at Esplanade Park with music, food trucks, and a children s propeller design event. Vice Chair Herhold noted that Chair Harrison will receive an award from the MIASF in recognition of his educational efforts in relation to the propeller project. X. Adjournment There being no further business to come before the Board at this time, the meeting was adjourned at 8:30 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.]