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Res 27-93 RESOLUTION NO. 27-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THAT THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, REQUEST THE STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES TO ESTABLISH AN "IDLE SPEED-NO WAKE" ZONE ALONG THE INTRACOASTAL WATERWAY IN THE AREA NORTH AND SOUTH OF THE MARINA LOCATED JUST SOUTH OF THE GEORGE BUSH BOULEVARD (N.E. 8TH STREET) BRIDGE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida Department of Natural Resources established slow and 25 MPH speed zones within the Intracoastal Waterway throughout the City limits; and WHEREAS, the Marina which is located just south of the George Bush Boulevard (N.E. 8th Street) bridge operates a marina and fueling facility; and WHEREAS, the wakes created by at or above the "slow speed" create a hazardous situation at the marina due to fuel spills and damage to other boats fueling at the facility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~ection 1. That this resolution be forwarded to the Board of County Commissioners of Palm Beach County, Florida, as a formal request that due to the hazardous conditions existing at the marina herein described, the Palm Beach County Commission request the Department of Natural Resources to investigate the feasibility of enacting a rule declaring the portion of the Intracoastal Waterway north and south of the marina which is located just south of the George Bush Boulevard (N.E. 8th Street) Bridge an "idle speed-no wake" zone as defined in Section 16N-24.022, F.A.C. Section 2. That this resolution shall take effect immediately upon its passage. PASSED AND ADOPTED in regular session on this the 23rd day of March, 1993. ~ ~~_/ ATTEST: ~City Cl~rk i MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~ ~ - MEETING OF MARCH 23. 1993 RESOLUTION NO, 27-93 DATE: March 19, 1993 This is a resolution requesting the Palm Beach County Board of Commissioners to request that the State of Florida Department of Natural Resources establish an "Idle Speed-No Wake" Zone along the Intracoastal Waterway in the area adjoining Henry's Marina. A hazardous condition exists at the fueling facility at Henry's Marina, located just south of the George Bush Boulevard Bridge. Wave action from passing boats causes boats fueling at the facility to suddenly move resulting in fuel spilling into the Intracoastal. As there is a potential for serious personal injury and property damage, staff is requesting that action be initiated to designate this area as an idle speed- no wake zone. A detailed staff report is attached as backup material for this item. Recommend approval of Resolution No. 27-93. RESOLUTION NO. 27-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THAT THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, REQUEST THE STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES TO ESTABLISH AN "IDLE SPEED-NO WAKE" ZONE ALONG THE INTRACOASTAL WATERWAY IN THE AREA ~J~TNTNG H~NRY'$ MARINA. ~ERE~S~, the State of Florida Department of Natural Resources established slow and 25 MPH speed zones within the Intracoastal Waterway throughout the City limits; and WHEREAS, Henry's Marina, which is located just south of the George Bush Boulevard bridge operates a marina and fueling facilfty; and WHEREAS, the wakes created by at or above the "slow speed" create a hazardous situation at the marina due to fuel spills and damage to other boats fueling at the facility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That this resolution be forwarded to the Board of County Commissioners of Palm Beach County, Florida, as a f~rmal request that due to the hazardous conditions existing at Henry's Marina, the Palm Beach County Commission request the Department of Natural Resources to investigate the feasibility of enacting a rule declaring the portion of the Intracoastal Waterway.a~3~i~in~ ~ "idle speed-no wake" zone as defined in~ection 16N-24.022, Marina an F.A.C. Section 2. That this resolution shall take effect immediately upon its passage. PASSED AND ADOPTED in regular session on this the 23rd day of March, 1993. MAYOR ATTEST: City Clerk CITY COMMISSION DOCUMENTATION VIA: DAVID J. KOVACS, DIRECTOR OF PLANNING /~D ZONING FROM: JOHN WALKER. PROJECT COORDINATO~__~r~'--]~ SUBJECT: MEETING OF MARCH 23, 1993 RESOLUTION REQUESTING "IDLE SPEED - NO WAKE" ZONE ACTION REQUESTED OF THE COMMISSION= The action requested of the Commission is that of approving a resolution requesting that the Board of County Commissioners request the State of Florida Department of Natural Resources to establish an "Idle Speed - No Wake" zone along the Intracoastal Waterway in the area adjoining Henry's Marina. BACKGROUND= A hazardous condition exists at the fueling facility at Henry's Marina, just south of the George Bush Boulevard bridge, due to the operation of boats along the Intracoastal Waterway. Wave action causes boats fueling at the facility to suddenly move, causing fuel to spill into the Intracoastal Waterway. As there is a potential for serious personal injury and property damage, staff is requesting that action be initiated to designate this area an idle speed - no wake zone. A detailed staff report is attached as backup for this item. RECOMMENDED ACTION: By motion, approve a resolution requesting that the Board of County Commissioners request the State of Florida Department of Natural Resources to establish an "Idle Speed - No Wake" zone along the Intracoastal Waterway in the area adjoining Henry's Marina. Attachment: Report from Chief Koen T: \ADVANCED\SPZONE4. DOC [lTV OF DELRRY BEItI:H FIRE DEPARTMENT MEMORANDUM TO: JOHN WALKER, PROJECT COORDINATOR FROM: KERRY B. KOEN, FIRE CHIEF DATE: FEBRUARY 18, 1993 SUBJECT: SAFETY HAZARD POTENTIALS - I.C.W. AND GEORGE BUSH BOULEVARD I have inspected the boat docking facilities north and south of the 8th Street bridge following our discussion at a recent meeting if the Design Services Management Group. The marina south of the bridge includes a single fuel pump dispensing facility similar to, but somewhat smaller than the operation at the Delray Harbor Club Marina. From my personal observation at the site, it is evident that boats taking on fuel at this facility can be subject to wake action, thereby creating a fire risk due to fuel spills. In this case my assessment indicates that the absence of a "NO WAKE" zone contributes to an unacceptable level of risk from a fire safety perspective. Abatement of this risk should be pursued by reducing speeds of boats traversing this section of the Intracoastal Waterway. My evaluation also included personal observations related to conditions north of the bridge on the west side of the waterway. While boats are moored at this site as well, no fuel dispensing services are provided. Therefore, no unusual fire risk can be identified as a result of wave action caused by passing boats at this site. Kerry B. Koen Fire Chief KSK/mmh cc: D.S.M.G. Div. Chief Cato FIRE DEPARTMENT HEADQUARTERS. 101 WEST'ATLANTIC AVENUE., DELRAY BEACH, FLORIDA 33444 407/243-7a00 · FAX 407/265-4660 I:ITY OF DELRI:IY BEGI:H April 13, 1993 Commissioner Mary McCarty Chairperson, Board of County Commissioners County Governmental Center Post Office Box 1989 301N. Olive Avenue West Palm Beach, FL 33402 Re: Resolution NO. 27-93 Dear Chairperson McCarty: At the March 23, 1993, regular meeting, the City Commission of the City of Delray Beach, Florida, passed and adopted Resolution No. 27-93, a copy of which is attached for your information. Resolution No. 27-93 requests that the Board of County Commissioners of Palm Beach County, Florida, request the State of Florida Department of Natural Resources to establish an "idle speed-no wake" zone along the Intracoastal Waterway in the area north and south of the marina located just south of the George Bush Boulevard (N.E. 8th Street) Bridge. Your serious consideration and support of this Resolution is appreciated. Sincerely, ALISON MACGREGOR HARTY City Clerk AMH/cl Attachment THE EFFORT ALWAYS MATTERS Board of County Commissioners County Administrator Mary McCarty, Chair Robert Weisman Ken L. Foster, Vice Chairman Karen T. Marcus Carol A. Roberts Warren H. Newell Burt Aaronson ~ Maude Ford Lee April 19, 1993 Alison MacGregor Harty City Clerk City of Delray Beach 100 N.W. 1st Avenue Delray Beac_h ~L 33444 Dea ty.- Tha~Wyou for sending me a copy of Resolution No. 27-93, which was passed and adopted by the City Commission, requesting that the Board of County Commissioners request the State of Florida Department of Natural Resources to establish and "idle speed-no wake" zone along the Intracoastal Waterway in the area north and south of the marina located just south of the George Bush Boulevard (N.E. 8th Street) Bridge. I have forwarded the resolution to the County's Agenda Coordinator to be placed on the next available agenda to be received and filed. If I may be of further assistance, please don't hesitate to contact me. Sincerely, Maryk McCart ,~air Palm Bea~,y~ounty Commission MM:cbt cc: Dianne Cahill, Agenda Coordinator "An Equal Opportunity - Affirmative Action Employer" ~printodonrsc~cloclpal~r P.O. BOX 1989 West Palm Beach, Florida 33402-1989 Board of County Commissioners County Administrator Mary McCarty, Chair Robert Weisman Ken L. Foster, Vice Chairman Karen T. Marcus Carol A. Roberts Warren H. Newell Burt Aaronson ~ Maude Ford Lee May 4, 1993 Alison MacGregor Harty City Clerk 100 N.W. 1st Avenue Delray Beach, FL 33444 Dear Ms. Harty: This letter acknowledges receipt of Resolution No. 27-93, requesting that the Board of County Commissioners request the State of Florida Department of Natural Resources to establish and "idle speed-no wake" zone along the Intracoastal Waterway in the area north and south of the marina located just south of the George Bush Boulevard (N.E. 8th Street) Bridge. The Palm Beach County Board of County Commissioners officially received and filed your correspondence at the May 4th Board meeting. A copy of the resolution was forwarded to Richard Walesky, Director of Environmental Resources Management. Sincerely, Dianne Cahill Agenda Coordinator cc: Richard Walesky "An Equal Opportunity - Affirmative Action Employer" Box 1989 West Palm Beach, Florida 33402-1989 FAX: (407) 355-3982 Board of County Commissioners [ RECEIVED / Coun~ Administrator / May McCarty, Chair ~ ~/,~,-~ Robert Weisman Ken L. Foster, Vice Chairman Karen t. Marcus G[~' CLERK Carol A. Robe,s , ' . Department of Warren H. Newel Environmen~l Resources Management Bu~ Aaronson Maude Ford Lee May 20, 1993 Major Jerry Rogers Florida Marine Patrol, District 10 1300 Marcinski Road Jupiter, Florida 33477 Dear Major Rogers: SUBJECT: REQUEST FOR NO WAKE ZONE, DELRAY BEACH As you are aware, it is the County's policy to forward requests for vessel speed restriction zones on the Intracoastal Waterway to your office for review. Attached you will find such a request from the City of Delray Beach. Resolution No. 27-93 requests a no wake zone for the protection of the marina immediately south of the N.E. 8th Street Bridge in Delray Beach. I believe there is currently an idle speed zone from the north fender of said bridge to 600 feet south of the bridge encompassing the marina. Please investigate the situation to 1) confirm that there is currently a posted zone in place there, and 2) determine if there is a need for a modification of the zone to protect the marina. Please let us know what your determination is regarding the requested zone. If you find there to be a need for the zone, we will prepare the necessary documents to formalize the change. Thank you for your assistance. S inaere!y, 'Richard E. Walesky, Directo~ Environmental Resources Management REW:DC Enclosure cc: Commissioner Warren Newell, District 3 Commissioner Mary McCarty, Chair Board of County Commissioners Ms. Alison MacGregor-Harty, City Clerk City of Delray Beach "An Equal Opportunity - Affirmative Action Employer" 3111 S. Dixie Hwy., Suite 146 West Palm Beach, Florida 33405 (407) 355-4011 Suncom 273-4011 Mail For 0 Harty, Alison - City Clerk TO User ID Address HARTY DELRAYCH City of. Delray Beach 100 N. W. /st Avenue Delray Beach, Fi. 33444 City Clerk 2nd Floor City Hall (407) 243-7057 FROM User ID Address KOVACS DAVID SUBJECT REFERENCE AUTHOR ACTION DUE DATE Alison: The County ltr re NO WAKE ZONE (Walesky 5/20) should~ to Barcinski & Tolces also. Thank you for my copy.