Res 75-92 RESOLUTION NO. 75-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REQUESTING THE BOARD
OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY,
FLORIDA, TO 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 THE DELRAY HARBOR
CLUB MARINA.
WHEREAS, the State of Florida Department of Natural
Resources established a slow speed zone within the Intracoastal
Waterway north of the Linton Boulevard bridge in Delray Beach,
Florida; and
WHEREAS, the Delray Harbor Club, which is located north
of the Linton Boulevard bridge on the west side of the.
Intracoastal Waterway operates a marina and fueling facility; and
WHEREAS, the wakes created by boats travelling 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
formal request that due to the hazardous conditions existing at
~he Delray Harbor Club 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 adjoining the Delray Harbor Club Marina 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 21st
day of July, 1992.
ATTEST:
- ' City C~erk '
Board of County Commissioners / RECEIVED County Administrator
Karen T. Marcus, Chair
Robert
Weisman
Carole Phillips, Vice Chair
Carol A. Roberts CITY CLERK
Carol J. Elmquist
Mary McCarty
Ken Foster
Maude Ford Lee
September 28, 1992
Ms. Alison MacGregor Harty, City Clerk
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Dear Ms. Harty:
This letter acknowledges receipt of your Resolution No. 74-92
expressing your support for the expansion of the membership of the
Metropolitan Planning Organization to include representatives from
the City of Belle Glade and the Port of Palm Beach, and your
Resolution No. 75-92 requesting the County to make a request to the
State Department of Natural Resources to establish an "idle speed-
no-wake" zone along the Intracoastal Waterway in the area adjoining
the Delray Harbor Club Marina.
The Palm Beach County Board of Commissioners officially received
and filed your correspondence at the August 25, 1992 Board meeting.
Copies of your resolutions have been sent to Randy Whitfield,
Director of the Metropolitan Planning Organization and to Richard
Walesky, Director of Environmental Resources Management.
Sincerely,
Dianne Cahill
Agenda Coordinator
cc: Randy Whitfield, MPO
Richard Walesky, ERM
"An Equal Opportunity - Affirmative Action Employer"
r~p,i,~to~on r~c~oaoor Box 1989 West Palm Beach, Florida 33402-1989 (407) 355-2030 Suncom (407) 273-2030
Board of Courtly Commissioners County Adminis~ator
Karen T. Marcus, Chair Robert Weisman
Carole Phillips, Vice Chair
Carol A. Roberts
Carol J. Elmquist
Mary McCarty
Ken L. Foster ,Z'"~2~
Maude Ford Lee
August 6, 1992
Ms. Alison MacGregor Harry, City Clerk
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear Ms. Harty:
Thank you for sending me a copy of your Resolution No. 75-92
requesting the County to make a request to the State Department of
Natural Resources to establish an "idle speed-no wake" zone along
the Intracoastal Waterway in the area adjoining the Delray Harbor
Club Marina.
I have forwarded your Resolution to County Administration with
a request that it be placed on the next available Board agenda to
be received and filed into the official records.
If I may be of further assistance in any way, please don't
hesitate to contact me.
s~ncer~ly,
~ar~ T. Marcus, Ch~ir
Board~ of County Commissioners
KTM/pw
cc(w/enc): Diane Cahill, County Administration
"An Equal Opportunity - Affirmative Action Employer"
Box 1989 West Palm Beach, Florida 33402-1989 (407) 355-2030 Suncom (407) 273-2030
Carole Phillips Robert Weisman
County Administrator
County Commissioner
District Five ~
August 3, 1992
Ms. Alison MacGregor Harry
City Clerk, City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
RE: Resolution #75-92
Dear Ms. Harty:
Thank you for sending a copy of the above-referenced
resolution. This resolution will be forwarded to County
Administration to be placed on the Board of County
Commissioners agenda at the earliest possible date.
If I or my staff can be of assistance, please do not hesitate
to telephone us at 276-1310 in south county or 355-2205 in
West Palm Beach.
Sincerely,
County Commissioner
District 5
CP/bg
cc: County Administration
"An Equal Opportunity - Affirmative Action Employer"
~pant~o~ r~cyc~o'pa~ Box 1989 West Palm Beach, Florida 33402-1989
Board of County Commissioners County Administrator
Karen T. Marcus, Chair Robert Weisman
Carole Phillips, Vice Chair
Carol A. Roberts
Carol J. £1mquist
Mary McCarty
Ken L. Foster
Maude Ford Lee
August 3, 1992
MS. Alison MacGregor Harty
city Clerk
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Dear Ms. Harty:
This is to acknowledge and thank you for the City of Delray Beach
Resolution R75-92 to 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 the Delray Harbor
Club Marina.
I have forwarded this Resolution to Karen Marcus, Chair of the
Board of County Commissioners, who will see that it is officially
received and filed.
Sincerely,
Carol J. Elmquist
District III
Board of County Commissioners
CJE/blm
"An Equal Opportunity - Affirmative Action Employer"
~ptinto~on rocyclo~pal~r Box 1989 West Palm Beach, Florida 33402-1989 (407) 355-2030 Suncom (407) 273-2030
CITV OF DELRI:IV BEI:I[H
July 31, 1992
Commissioner Karen Marcus
P.O. Box 1989
West Palm Beach, FL 33402
Dear Commissioner Marcus:
Enclosed please find a copy of Resolution No. 75-92, requesting
the Board of County Commissioners of Palm Beach County, Florida,
to 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 the Delray Harbor Club Marina.
Resolution No. 75-92 was passed and adopted by the Delray Beach
City Commission on the 21st day of July, 1992.
Sincerely,
Alison MacGregor Harty
City Clerk ~ - -
AMH: ag
Enclosure
cc: David T. Harden, City Manager
David Tolces, Assistant City Attorney
Kerry Koen, Fire Chief
THE EFFORT ALWAYS MATTERS
RESOLUTION NO. 75-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REQUESTING THE BOARD
OF CO~TY COMMISSIONERS OF PALM BEACH CO~TY,
FLORIDA, TO REQUEST THE STATE OF FLORIDA
DEPARTMENT OF NATURAL RESOURCES TO ESTABLISH AN
"IDLE SPEED-NO WAKE" ZONE ~ONG THE INT~COASTAL
WATERWAY IN T~ A~A ADJOINING THE DEL~Y HARBOR
CLUB MARINA.
WHE~A$, the State of Florida Department of Natural
Resources established a slow speed zone within the Intracoastal
Wate~ay north of the Linton Boulevard bridge in Delray Beach,
Florida; and
WHEREAS, the Delray Harbor Club, which is located north
of the Linton Boulevard bridge on the west side of the
Intracoastal Waterway operates a marina and fueling facility; and
WHEREAS, the wakes created by boats travelling 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, THE~FORE, BE IT RESOLED BY THE CITY COMMISSION
OF THE CI~ OF DEL~Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That this resolution be fo~arded to the
Board of County Commissioners of Palm Beach County, Florida, as a
formal request that due to the hazardous conditions existing at
the Delray Harbor Club 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 Wate~ay adjoining the Delray Harbor Club Marina 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 21st
day of July, 1992.
ATTEST:
City C~erk ~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~7-- - MEETING OF JULY 21, 1992
RESOLUTION NO. 75-92
DATE: July 13, 1992
This is a resolution requesting the Board of County Commissioners to
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 the Delray Harbor Club Marina.
A hazardous condition exists at the Delray Harbor Club Marina fueling
facility due to the operation of boats along the Intracoastal
Waterway. Wave action causes boats fueling at the facility to
suddenly move, causing gasoline 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 material for this item.
Recommend approval of Resolution No. 75-92.
CI.TY ~I. TO~.NEY $ OFFICE TEL No. .a07 =,o ~ _., _ ~,92 12:12
CITY JIF I]ELRA¥' BEACH
CITY ATTORNEY'S OFFICE :'~ ~'~ TM "'"'~""~' ~'"~""" '"~'" ~"-°"'~ ~'"
(407) 243-7090
~0~~ ,
Date: July 17, 1992
To: City CommLssion
From: David N. Tolces, Assistant City Attorne~"'~
Subject: Request for No-Wake Zone in Intracoastal Waterway
~d~acent ~o D~lra~ Harbor Club Marina
Recently ~t was brought to the City's attention that due to the
operation of boats along ~he Intracoastal Waterway, a hazardous
condition exist at the Delray Harbor Club Marina fueling
facility. Wave action causes boa~s fueling at the facility to
suddenly move, causing gasoline to be spilled into the Intra-
coastal Waterway. As Chief Koen's memo states, there is the
potential for Serious injury to persons and damage to ~roperty
as well as to the environment. Therefore, in order to initiate
the proDe~s to have ~he area designated an idle spee~-no wake
zone~ ~he City must £ormally request the Board of County
Commissioners to reques~ the State Department of Natural
Resources to investigate the feasibility of designating the
area an idle speed-no wake zone. This resolution will be
forwarded to the County Commission upon approval for their
action.
If you have any questions, please call.
Dl~sh
Attachment
nowake.dn~
CI.TY AITORNEY'$ OFFICE TEL No, 407 278 ~755 ~ul 17,g2 12:13
£1T¥ IF DELRII¥ BEII£H
FIRE DEPARTMENT
TO: DAVID N. TOLCES :JUN 2 § ;;i, ,
ASSISTANT CITY ATTORNEY _ Si..~'i
FROM~ KERRY'B. KO,N, FIRE CHI~
DATE; JUNE 24, 1992
SUUJECT: DELRAY HARBOR CLUB MARINA - FU~L FACZLITY
I personally visited this site'on June 23, 1992 and met with
Ms. Willoughby who is the Dock Master for the facility. My
observations and those of the Fire Marshal indicate that the
present."slow speed - minimum wake" zone classification allows
boats to pass this facility at speeds capable of causing
significant wake action. This site contains a three pump fuel
service s~stem designed to fuel boats in the Inter¢oastal
Waterway. Reportedly 700,000 gallons of fuel are pumped annually
from this
Since March of this year when the zone changed from a "idle ......
speed - no wake" classification, Ms. Willoughby indicated that
approximatd~~%fu91'mpll.1s, including both gasoline and diesel
fuel, h~we'~o~ur~ed'due t°wake action whe~ boats are 'docked and
· abrup~ly:moved'while taking, on.fuel. In one case a boater was
parti-&lly soa~e~i.lw£th,g&soline, when fuel sloshed from the .tank
due 'tO boa~ mo¥&:ment.. ,'.Obviously, from a fire risk standpoint
there is'a p0tential for serious injury to persons and damage to
property as Well as to the environment when the~e events occur.
ACcordingly, I have assessed the fire hazard potential and
have determined that current conditions contribute to an
unacceptable level of risk. Abatement of this risk should be
pursued by reducing speeds of boats transiting this section of
~he Interooastal waterway. An additional determination must be
made as to what dist&nce to the North and South is appropriate to
produce a "No Wake" condition supportive of this objective.
Kerry B. Koen
FAre Chief
KBK/tw
D.S.M.~.
Division Chief cato
FIRE DEPARTMENT HEADQUARTERSe 101 WEST ATLANTIC AVENUE eDELRAY BEACH. FLORIDA 33444
RESO~'.UTXON NO. ? 5- 9 2
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REQUESTING THE BOARD OF
COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA
TO 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 THE DELRAY HARBOR CLUB MARINA.
WHEREAS, the State of Florida Department of Natural Resources
established a slow speed zone within the Intracoastal Waterway north of
the Llnton Boulevard bridge in Delray Beach, Florida; and
WHEREAS, the Delray Harbor Club, which is located north of the
Llnton Boulevard bridge on the west side of the Intracoastal Waterway
operates a marina ~nd fueling facility; and
WHEREAS, the wakes created b~ boats travelling at or above the
"slow speed" creates 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 DETttAX BEACH, FLORIDA, AS FOLLOWS~
~eGtion I. 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 Delray Harbor Club
Marina, the Palm Beach County Commission request the Department of
Natural Resources to investigate the feasibility oX enacting a rule
declaring the portion of the Intracoastal Waterway adjoining the Delra~
Harbor Club Marina 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
PASSED AND ADOPTED ~n regular session on the day of
, 1992.
M A Y 0 R
ATTEST:
City Clerk