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Item I1 Sounding Board County Com. Meeting MGC October 18,2000 In the business world the expression "Hold his feet to the fire!", is used meaning make him do the right thing. I am here today to hold the Monroe County Commissioner's "feet to the fire" to encourage them to acknowledge and respect the laws already on the books and also to stop running slipshod over them, which has happened in the past. I appeal to you and this simple requirement is long overdue, know the parameters of your lawful jurisdiction as well as you know the back of your hand. Public input is limited to three minutes at the County Commission, Department of Marine Resources, Port Authority, and Boot Key Harbor meetings but I have attended enough meetings to read into and place on record the laws determining Jurisdiction below the Mean High Water Line. John Jones, assistant manager of Key West urged you to vote to retain the Department of Marine Resource. Presuming the county has below the MHWL jurisdiction, you commissioners voted to do so. Monroe County Department of Marine Resources and the City of Key West can only function after "hold harmless agreements" are signed for the U.S.C.G. and . State of Florida relieving them of their responsibility for maintenance and Liability. The U.S.C.G. and the State of Florida have the jurisdiction; and they should be allowed to maintain and accept liability. The taxpayers of Monroe County do not want nor can they afford to support a city or an unnecessary department. We are supposed to be downsizing or using a more popular . word, restructuring county government, When I spoke at the Sept. 20th Monroe County Commission meeting, I mentioned again that the County has no authority or jurisdiction below the Mean High Water Line (MHWL) and have backed that many times with laws and treaties. I also said, "Mr. Hendrick may tell you that you have jurisdiction but he has never produced written proof as requested." Thinking back, because I wanted to leave no room for error and also wanted validation on June 15, 1999 I wrote to the County Commission's legal council Mr. Hendrick and several government agencies requesting documentation for County "below 'Tj the MHWL" jurisdiction. During our June and July exchange of letters Mr. Hendrick graciously offered use of his firm's law library, which I graciously declined having already completed my research. With "Hold his feet to the fire" in mind I just out and out asked for documentation showing County "below MHWL" jurisdiction. Mr. Hendrick allowed himself wiggle room by telling me he is limited to giving advice and opinion to the commission only. For the record, I wanted neither advice nor opinion. I wanted to see documentation such as a treaty or a declaration from the State or Federal government giving up their pre-empted rights over the county. That has never been forth coming. Response was good from the State of Florida who supplied me with evidence for their jurisdiction and outlined what the Federal Government had pre-empted from them. After speaking no one had any questions for me so I left. I saw the replay of the meeting on channel 16 and, 10 and behold, after my departure the question of jurisdiction was brought to the floor and a discussion followed. Why can't a discussion be brought to the floor while I am before you? I have the answers, I have done the research, I should be confronted. Then when Commissioner Neugent presents a conflicting opinion, I would have a chance to explain he is using Circuit court rulings whereas my information is documented by Treaties and U.S. Supreme Court decisions. That makes a dramatic legal difference because obviously higher court rulings take precedence. Back in March 26, 1999 after Mr. Hendrick held a meeting out of the sunshine, the following day he advised the county commissioners they had iurisdiction to pass an ordinance regulating PWCs. This commission passed ordinance 019-1999. Both the U.S.C.G. and the State of Florida have since ruled even they can not single out PWCs for regulations. The County has another unenforceable illegal ordinance on the books. When the State of Washington was challenged about the regulations they placed on state waters where they had jurisdiction the U. S. Court of Appeals upheld the state regulations. It took five years for the case to reach The U.S. Supreme Court, which ruled unanimously March 6, 2000 to reverse that judgement. All navigation regulations and especially jurisdiction is based on treaties. The July 21 st ruling of the U.S. Fourth CoUrt of Appeals has upheld treaties that respect Spain's jurisdiction and rights to their sunken ships. I am sure Commissioner Nugent will tell you that because of the Sanctuary meeting yesterday it does not mean anything and I will tell you that the Supreme Court must uphold it like it did in the State of Washington case. This decision further strengthens my case about jurisdiction being decided by treaties. One final example to support my stand on jurisdiction. On June 20, 2000 I attended the U. S. Court of Appeals for the Eleventh Circuit in Miami. One of the cases heard was Henry Gibson, appellant v Bruce Babbitt, et al. before 4 federal judges who were instructed by the chief judge that their decision must be based on treaties. My actions may seem controversial but I do what I do to uphold the Laws of the Sea at every level, city, county, state or federal and it is painful to witness any law being misused, abused or ignored Commissioner Williams, I heard you express concern about the problem of a gambling ship in the Port Largo area and the marine law involved. If you wish, I can be of some help with that. I know what laws must be reckoned with. .r- ( I ! '" r i j I I 1, ~ . f i :i WEEKEND !' I w ~ <C Q o ... , ~:'l":-.. ~.. -=-= u fa .D .,. -=-= u 6J .. - .,. ... . .,. ... I: I I: . fa .g. ~ '0 '-!:'l: CQ~'OCQ~ co U_",=",~=....... 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'c;j.~ '" ~ 13 ~ o..c t: c:: = ,- CIlf-<:::s....=g 8 S;S Mr. Roberts Monroe County Administrator Hand Delivered October 2, 2000 Dear Mr. Roberts, I would like to be placed on the Sounding Board at the October county commission meeting. The subject will be JURISDICTION. Thank you. Yours truly, 1-/ T p~ H. T. Pontin 951 W. Indies Dr. Ramrod Key, Fl. 33042 872-2246 RECElVED ..., I I i OCT .""l ... ~., '"' "'\ , .. _ _..u.... COUNTY AOMIN\STRATOR 1-11 / '-.., ,/ '-.., , __L_~ ' ,.,_' j -----~ '- ',",._,e" 4' 'Saturday, Oct. 14,2000 NEWS 'Spain'wants its galleons back Advisory Council.' Cheva Heck. The session, open to the public, "It does not appear that this will has been moved to Marathon greatly change the way the Govern me n t [Florida Keys Center to The Atocha will not National Marine . accommodate Sanctuary] han- more onlookers be affected because dIes permits for and a planned . I d. h submerged cultur- television broad- It a rea y IS teal resources," said cast. After a subject of an a4mi- Heck. "However, review on the if it turns out that sponge fishery, ralty court ruling. a shipwreck is a the shipwreck sovereign [gov- discussion is expected to begin in emment-owned] vessel of Spain, mid-afternoon, possibly around then the salvors would have to talk 3:30 p.m; , to Spain when it comes to owner- , Locally, the ruling could affect ship of artifacts." four shipwrecks - two Spanish While long-lost shipwrecks off military vessels from the lost 1622 the U.S. coast ge~erally have been fleet, and four more from a 1733 considered "abandoned" to the Spanish fleet hit by a hurricane, jurisdiction of state or federal gov- according to sanctuary staff. ernment, the July court ruling Salvaging operations on the declares that a government-owned Keys' best-known shipwreck, the vessel is never truly abandoned Alocha, apparently will not be unleas the nation takes action to affected because it already is the declare it abandoned. subject of an admiralty court rul- "In supporting Spain, the in , said sanctu s okeswoman United States seeks to insure that its sunken vessels and lost crews are-treate(tas sovereign ships and, bOIlQred- graves; and are' not ~ub- ject to ~loration or exploitation by' private. pirtiesseeking treasures. of the ~" rea4$ Ute U.S. (:oun of ' Appealuu1ing." j , ;' (,' " ! Clyne said treasure salvors., who were among the most intense 'opponents of the Keys marine . sanctuary, have been able to reach accord on several issues with local sancw.ystaff:'. '.. ," "Pirlit we're told that the sane. ;twUy is the stewltrd of these [ship. wreck]' resources here in the Keys, . and they have the final word," said .' Clyne. "Now we're told they're not the final word, but Spain is. We deserve some explanations;" , , GAWONS I From 1 ' place at sea." Salvors Inc., based in Key West, filed a friend-of-the.:court, brief on behalf of Sea Hunt Inc., the firm . involved in the Vlfginia case.' The U.S. Depiu1ment of Justice sided with Spaip., saying the United States never, relinquishes claim to its sunken Navy vessels, S? by ~itmustrespect Spain's rights. , ' "Spain never thought of this until our Department of Justice suggested it to them," said Clyne, vice president of Mel Fisher Enterprises. "It does not sit well with us that our country would see fit to ask another country if we can continue working under a free- enterprise system that's been in place for 200 years." Tuesday, Craig McLean of the National Sanctuaries Program will discuss ramifications of the ruling with members of the Florida Keys National Marine Sanctuary /' .