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2009.11.18_PB_Minutes_Regular•'~ 16 N (A~ y~ o``•• a.,..,O ~~~ ,.. •. m • ~s~• :~ •s f ,,~~~w f l O R10t~~s TOWN OF HIGHLAND BEACH MINUTES OF THE PLANNING BOARD AND BEACHES & SHORES ADVISORY BOARD JOINT MEETING Wednesday, November 18, 2009 9:30 AM Members Present: Chair Louis P. Stern; Vice Chair Joseph Yucht; Board Member Beverly Knight; Board Member Paul Resnick, and Board Member Dennis Sheridan. Absent: Board Member Max Angel (unexcused) and Board Member Patricia Pembroke (excused). Also Attending: Town Attorney Tom Sliney, Deputy Town Clerk Valerie E. Oakes and members of the public. CALL TO ORDER: Chairman Miller called the Joint Meeting to order at 9:30 AM and welcomed Commissioner Pagliaro. Roll Call was taken by Deputy Town Clerk Oakes, followed by the Pledge of Allegiance. . ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA: Agenda accepted as presented. PUBLIC COMMENTS AND REQUESTS: None. PRESENTATIONS: None. APPROVAL OF MINUTES: None. OLD BUSINESS: None. NEW BUSINESS: • Discussion of the Possibility of a Reduced Wake Zone Member Svenstrup -This issue has been tried before several times and has not been accomplished. Attended a meeting where Carmen Vare, Palm Beach County (PBC) Department of Environmental Resource Management, reported that there is severe mangrove loss due to the large waves from the boat wakes. Environmentally the Florida • Fish and Wildlife Conservation Commission would be interested in knowing that there is severe mangrove loss. Has been a witness of larger boats going around the small boats creating four (4) and five (5) foot wakes that throw people off the boat, which is a tragedy waiting to happen. Recommend controlling the wake with a wave height of 24 inches. November 18, 2009 Pa e 2 of 4 • Currently, no one is patrolling our area. The Delray Beach marine unit has one (1) man operating the vessel with the use of volunteers. The patrol officer sends out two (2) well- trained volunteers for YZ the time; the officer goes out the other '/2 of the time with a volunteer and issues summons. Chairman Stern - On May 6, 2009, there was a meeting of the Florida Fish and Wildlife Conservation Commission. In attendance were approximately 75 local residents from Highland Beach and approximately eight (8) residents from Sea Gate. A number of changes were noted from Stuart to the Broward County line. A slow speed/minimum wake zone 300 feet north and 300 feet south of most bridges was established, including Linton Avenue and Spanish River Boulevard. The FWC's only concern is water safety through safety study risk evaluations (i.e. public safety risks, vessel collision risks, maritime property damages, reported accidents, and citations). Police officers at the meeting offered three (3) things a boater should do for immediate response: 1. ship to shore, 2. dial #FWC on your cell phone, and/or 3. dial 888-404-FWCC. Ten years ago, Highland Beach passed two (2) resolutions addressing wake zones. The town does not have a single accident or injury report for the past three (3) years. The town manager provided an estimated cost of $800,000.00 annually, which includes work force, insurance, fuel, etc. There is little that we can do in Highland Beach, so we need to educate the residents how to report an incident. Statistics provided from the 2007 Boating Accidents Statistical Report and the Boating Accidents Review by Florida Fish and Wildlife Conservation Commission Division of • Law Enforcement (attached to the minutes). Vice Chair Samuels -Pointed out that the mangroves are vital to the food chain and the wakes are destroying them. What are the boats doing to the seawall? Member Svenstrun -When boats travel at high speeds, the wakes destroy the seawall. Boca Raton does not want Highland Beach to have any restrictions and Boca said that they do not have the manpower to patrol our waters. Delray Beach Marine Unit has one (1) boat that costs $90,000.00, and the annual expense for gas and maintenance is $15,000.00. We do not need someone full time on patrol. Is interested in the idea of a Highland Beach Marine Unit using one of our current police officers, who could go through the training process. Vice Chair Yucht -The Coast Guard, the Army Corps of Engineers, the Department of Transportation, and the Florida Fish and Wildlife Conservation Commission all have jurisdiction over the waters. They do not care about personal property. Legally, we have no jurisdiction; we can only make recommendations. Would like to see us consort with the City of Boca Raton. Chair Miller -What is comprised of the $800,000.00 estimate from the town manager? Chair Stern -Personnel, insurance, and fuel. • Member Svenstrun -Can Highland Beach enact an ordinance to limit the wake then follow up with an enforcement procedure? November 18, 2009 Pa e 3 of 4 • Vice Chair Yucht -Contact Broward County, City of Boca Raton, and the City of Delray Beach to see how they gained jurisdiction. Town Attorney Sliney -Meet with Boca contingents that were referenced and get a copy of the legal agreements to see how jurisdiction was obtained then decide the enforcement. There is no jurisdiction for Highland Beach to pass an ordinance. Member Sheridan -Boca Raton has four (4) full time marine bureau boats that are manned by full time police marine patrol officers. Vice Chair Yucht -Make the government agencies aware that if the intracoastal is like an interstate highway then let us protect the people like the people on the highway. Member Svenstrun - We need speed limits. Vice Chair Yucht -The town should make statements that "we care". Let us go forward with the fact that we are trying to protect our residents. Member Svenstrup -The beaches and intracoastal are important and abut property. Does anyone have any suggestions or ideas? Should we move forward? Chair Stern -Wants to see a reduced wake zone. • Member Knight - Mr. Vare had explained that Highland Beach has the most mangrove area that is being destroyed in the entire state of Florida. Contact him to see what we can do to protect the mangroves. Do the Commissioners have any pull? Vice Chair Yucht -The town needs to make its policy or public relations that we are interested in protecting the property. Chair Miller -Make residents of Highland Beach aware of the reporting procedure in the Highlander. Chair Stern will contact the City of Delray Beach, Chair Miller will contact the City of Boca Raton, and Member Svenstrup will contact Broward County to gather information. Another joint meeting will be scheduled at a later date. ADJOURNMENT: There being no further business to come before the Board, Chairman Miller adjourned the meeting at 10:38 AM upon a MOTION by Member Svenstrup; and seconded by Member Sheridan. • November 18, 2009 Page 4 of 4 APPROVED: • Loui tefii, Chair --- Beve ly Knight, Board Member J Paul Resnick,, Board M~~r / Dennis Sherid~i, Board TOWN SEAL ATTESTED: _,~ ~ %~~ Valerie Oakes Deputy Town Clerk Dat ~~-~'~ 1 l)~ ~~ ~ h V JGlll Patricia Pembroke, Board Member