Item M5
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 19. 2003
Division:
Growth Management
Bulk Item: Yes
No~
Department: Growth Management
AGENDA ITEM WORDING:
-
Approval for the Administration to negotiate a lease arrangement with the United States Navy for the
purpose of reopening the Geiger Key Boat Ramp on Navy property, with specific conditions:
1) The Community participates in assuring that the facility is closed during evening hours;
2) Garbage receptacles should be placed by the County and frequently emptied;
3) There should be appropriate signage provided to alert the public concerning the shallow nature
of the surrounding water;
4) The lease is a no-cost lease for the County.
ITEM BACKGROUND:
Please see attached.
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST:
Not determined but should be minimal. BUDGETED: Yes
No
COST TO COUNTY:
Not determined but should be minimal. SOURCE OF FUNDS:_
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH_ Year
APPROVED BY:
Final lease will be a
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM #
/YJS
Memorandum
Deoartment of Marine Resources
2798 Overseas Highway, Suite 420
Marathon, Florida 33050
Voice: (305) 2892507
FAX: (305) 289 2536
Email: garrettg(a).maiI.state.fl.us or
garrettgeo(a),hotmail.com
Board of County Commissioners
Mayor Charles "Sonny" McCoy, Dist. 3
Mayor Pro Tern Dixie Spehar, Dist. I
Commissioner George Neugent, Dist. 2
Commissioner Nora Williams, Dist. 4
Commissioner Murray Nelson. Dist. 5
DATE:
13 February, 2003
TO:
Board of County Commissioners
FROM:
George Garrett, Director of Marine Resources
SUBJECT:
Geiger Key Boat Ramp
Introduction
As identified in the attached staff report, ingress and egress to the water from a
Navy property adjacent to Old State Road 4A, Boca Chica Ocean Shores, Geiger
Key has occurred for a number of years. Over the past year and more, immediate
neighbors have raised complaints about the use of this site, concerned about hours
of operation and the garbage and debris frequently left behind. As a result, after
discussion with the Navy and after providing a letter of request to them, the Navy
locked the gates to the property. The closure occurred in December of 2002
Subsequent to the closure of the Navy property in question, homeowners from
Tamarac Park and Boca Chic a Ocean shores raised concern about the closure,
requesting that the site be reopened.
Assessment
County staff and several from State penmttmg agencies assessed the site
characteristics of the Navy property. In general it is not an appropriate site for a
boat ramp, based on the wetland character of the site itself and on the shallow
nature of adjacent routes of ingress and egress to and from open water.
BC0302131
2/12/2003 10: 16 AM
The fact that access to the water occurs with significant frequency from the Navy
Property is noted as is the fact that a broader body of users requests that the
property be re-opened.
As noted in the staff report, there are a number of areas like this Navy property
where impromptu boat ramps exist, some of which are in County ownership.
Recently staff completed an assessment similar to the current - 'assessment, in
Harbor Shores, Key Largo. A request had been made by the Commission to look
at this site. The assessment was similar to the current one - wetland property and
too shallow ingress and egress. However, the difference was that staff was looking
for areas to improve, there were no complaints from neighbors requesting closure,
and because the unimproved ramp remains open, there. are no complaints from
those that use it. The site has boulders protecting the adjacent wetlands, and as we
understand it, Public Works maintains a garbage can at the site. The site appeared
clean of debris.
Thus, there is some precedent for maintaining unimproved ramps.
Additional concerns exist over the use of a property such as the Navy property on
Geiger Key. In a recent phone conversation with one of the individuals requesting
that the Navy property be re-opened, he confided that he regularly launches a 38-
foot boat from the site. This size boat is most probably much too large to use this
area without doing damage to nearshore resources as it leaves the area headed for
open water. It is hard to control the size of vessels that use the site.
Staff acknowledges that historic use of the Geiger Key Navy property. We cannot
recommend any improvement to the site vis a vis the creation of a boat ramp.
None exist currently and could not be permitted. Staff recognizes that other sites
exist under County control that are currently utilized in the same manner as the
Navy property in question. Staff would not recommend that the Navy property be
opened for the purposes of new marine access
Recommendations
Staff believes that the historic use of this property can continue under certain
conditions.
If it is the Commissions direction, staff should explore a right of access (lease) to
the property from the Navy. We believe that the Navy would be amenable.
2
If the County agrees to manage the property through a lease, then:
o the property needs to be regularly maintained, including potential closure
during night time hours
o garbage receptacles should be placed and maintained, and
o signage advising the public of the shallow nature of the surrounding waters
necessitating vessel drafts of less than two feet should be install~d._ .
Additional staff time will be required to maintain the site.
3
County of Monroe
Department of Marine Resources
2798 Overseas Highway, Suite 420
Marathon, Florida 33050
Phone: (305) 289-2805
FAX: (305) 289-2536
Board of County Commissioners
Mayor Dixie Spehar, Dist. I
Mayor Pro Tern Murray Nelson, Dist. 5
Comm. Charles "Sonny" McCoy, Dist. 3
Comm. George Neugent, Dist. 2
Comm. David Rice, Dist. 4
February 5, 2003
To:
From:
Re:
George Garrett, Marine Resources Director
Richard Jones, Marine Resources Planner
Problems with use of Navy property on Geiger Key
As per your instruction, and the request of the County Administrator, I have further reviewed the
site on Geiger Key that was recently locked and secured by the Navy (see attachment). This site,
owned by the Navy, is located on S.R. 4A on the southeast comer of Geiger Key and is adjacent
to the Geiger Key Marina. Although there is no permitted or developed boat ramp at the site, it
has been used in recent years for launching small boats into the adjacent canal, mostly by locals
from adjacent neighborhoods. The parcel is fenced and there are no trespassing signs posted (see
attached photo), but the gate has not been locked and secured until the last few months.
Background Information:
Several complaints from neighbors adjacent to the Navy owned site over the last year and a half
prompted Marine Resources staff to review the site in 2002 and respond to the problem.
Complaints included a variety of impacts caused by improper use of the site, including: trash,
marine debris, drug and alcohol use, as well as launched vessels running at high (dangerous)
speeds along the adjacent canal. Site visits made several times over the last year did indicate
trash (beer bottles, food wrappers, etc.) and marine debris (broken trailers, oil containers, etc.)
left behind by users of the site. Staff also determined that the ingress/egress channel from the
site to open water has insufficient depth (approximately 2' at mean water) for a launching
facility.
In November 2002 Marine Resources staff contacted Lt. Commander Ron Nunes at the Boca
Chica Naval Base regarding the problem. Lt. Commander Nunes confirmed that there is a
problem with the site being used by the public and that his desire was to secure the property (as it
is policy to keep the fenced Navy areas secured). He requested that the County provide a memo
to the Navy commenting on the documented complaints, and request that the site be secured. - A
19 November 2002 memo from the Department of Marine Resources to Lt. Commander Nunes
explained the problems and requested that the site be secured. That letter also indicated that
there are two launching facilities within the vicinity for public use (i.e. Shark Key Boat Ramp
and Key Haven Boat Ramp). The Navy responded by securing and locking the site in December
2002.
Site Reviews:
In January 2003 I requested the Florida Department of Environmental Protection and the Monroe
County Department of Environmental Resources to conduct site inspections to determine
whether or not the site is appropriate for use as/or development of a public launching facility. In
addition, Monroe County Code Enforcement Department was asked to provide information
regarding known problems associated with the Navy property.
· The Florida Department of Environmental Protection conducted a site visit on 2/5/03 (see
attached). Their site evaluation indicates that the site may be wetlands and that appropriate
navigational access would be a condition of permitting of a launching facility.
· The site evaluation conducted by staff of the Monroe County Departinent' of Envir~nmental
Resources (see attached) indicates that the upland property is wetlands and that access to
open water does not meet code requirements.
· The review by Code Enforcement staff indicates numerous complaints regarding abandoned
vessels, trailers, and 'vehicles in the immediate vicinity of the subject site, and the
inappropriate use of Navy properties (see attached).
I have also reviewed the site from a marine resources perspective. There are two routes that
boaters use to get to and from the site (see attachment): 1) Some boaters head east from the site
and traverse the extremely shallow flats to get to Saddlebunch Harbor. This route presents a
danger to the boater as well as causing extensive damage to the benthic resources. This route
takes boaters past residences on the canal adjacent to the subject site. The residents in this
location have made numerous complaints regarding the inappropriate boating practices and the
misuse of the Navy (subject) property. 2) the other route takes vessels along the canal to the
west, past Geiger Key Marina, and turns south towards the open ocean. Prop-scar maps (see
attached) indicate extensive seagrass damage along this route, due to the shallow nature of the
water (<3 ft.). The limited water depth. historical boating patterns and the associated extensive
benthic damage indicate that the subiect site is not appropriate for a launching facility.
Since the subject site has been locked and secured, the residents along the adjacent canal have
noted a dramatic reduction in the number of vessels speeding through the canal (indicating that
the offending vessel operators have primarily been those using the subject site for launching).
Unfortunately it appears (from a 1/23/03 site visit) that people have now gravitated to another
Navy parcel several hundred yards to the east (and on the opposite side of the road), and the
same problems are occurring there. I noted a serious trash problem at this location, as well as an
abandoned trailer (see attached photo). In addition, boaters are using the new site to launch,
which is creating even more environmental damage than the subject site. The subject site is on a
man-made canal which has already been altered. The new site is on a near-pristine estuarine
creek that feeds into the canal. Extensive erosion was observed (due to trucks/trailers) along the
shoreline as well as out into the creek where the benthos is soft sediment and seagrass. This
damage will likely intensify if the site is not protected in the very near future. It appears that all
unsecured, undeveloped waterfront sites in the Geiger Key area are subject to inappropriate (and
often illegal) use.
I would like to point out that there are numerous areas like the subject site throughout the Keys
where boaters have found a small gap in the mangroves (or similar conditions) and launch very
small craft. In some cases this has never created a problem. In other cases the use has created
negative impacts to the neighborhood (i.e. abandoned trailers, trash, noise), generating
complaints and occasionally resulting in the County blocking off the area (when County
property). This exploitation of areas where public roads or undeveloped parcels meet the water
will no doubt continue with the high number of boaters and the shortage of appropriate launching
facilities in the Florida Keys.
Staff Recommendation:
. -
Staff does not recommend the development of the subject site as a launch facility, and
recommends keeping the site secured. Residents of the Geiger Key/Tamarac Park vicinity may
utilize existing nearby public launching facilities (Shark Key Boat Ramp or Key Haven Boat
Ramp). Staff also recommends to pursue locating other sites in the Geiger Key vicinity that may
be suitable for recreational boating facility development, if it is determined that a more localized
launch site is appropriate.
In addition, further means of securing waterfront Navy properties in the vicinity should be
considered to eliminate trespassing, and alleviate the chronic environmental impacts (due to
inappropriate use).
Tamarac Park Property Owners Association
P. O. Box 2714, Key West, FL. 33040
Mr. Jim Roberts, County Administrator,
lJ,~;-: r. ~ 2.~03
Subject: Geiger Key road boat launch ramp; closure of
Mr. Roberts,
The associations' membership has requested that I contact you concerning the
closure of the ramp.
Mr. George Garrett has made a presentation to the membership concerning the
closure so we understand the general circumstances surrounding the closure. Tamarac
Park is located on Geiger Key but not on the road leading up to the ramp. As landowners,
we do appreciate why local residents on the road would complain if improper activities
were going on at the ramp.
A large number of Tamarac Park property owners, ( there are 230 owners in the park);
have been using the ramp for years. Those who do use it would like to see it reopened.
Possibly a compromise with the Geiger Rd. residents and the military can be reached
where the ramp can be opened for certain hours, such as; (7or8am to 7or8 pm) daily.
Traditionally, locals who are the primarily users of this launch area, normally have little
need to use it at night.
The association is certainly willing to cooperate in finding a compromise solution to
this situation. Thank you for your consideration to this matter.
~:&' //~
~~n Sa~'Associalion President
01/25/03 (295-7684)
Copy to: Honorable Dixie Spehar, county commissioner
Mr. George Garrett, Monroe county marine resources
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3El5-2BC3-2536
PLANNING DEPT
PAGE 02
INTEROFFICE MEMORANDUM
South District
To:
Richard Jone~, ~onroe County Marine Resources Planner
Beth Bergh, Environmental Specialist II PP
Boat Ramp Site Evaluation .
Navy Property next to Geiger Key Marina
From:
Subject:
Date:
February 6, 2003
Pursuant to your January 27. 2003 request, the Department conducted an inspection of the
referenced site to evaluate this location for a potential public boat ramp. As the property is
fenced, I was only able to view the site from the road.
A boat ramp in this location may meet the criteria for an exemption pursuant to Florida
Administrative Code (F.A.C.) Rule 40E-4.051(3)(e). However, one of the conditions of this
exemption is that navigational access to the proposed ramp must exist.
The parcel where the ramp would be located may be wetlands. Associated construction activities
such as a parking area may require permits from the DEP. If you would like the Department to
further review this pr~iect, an environmental resource permit application form should be
completed and submitted to the Department.
Please also be advised this project may require permits from other federal and local governmental
agencies.
If you have any questions, please give me a call at (305)289-2310.
Thank you.
..
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PLAI+I11'ki DEFT
PAGt 83
County of Monroe
Plannin, and Environmental Resources
l;2eoartment.
2798 Overseas Highway
Marathon, Florida 33050-2227
Voice: (305) 289 2500
FAX: (305) 289 2536
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Board of County Commiuionm
Mayor Dixie M. Spehar, Disl. I
Mayor Pro Te:m Murray Nelson, Disl. S
Comm. Chll'lc:s "Sonny" McCoy, Oisl. 3
Comm. George: Neugent, Dist. 2
Comm. DaVId Rice, Oisl. 4
To: Richard Jones, Marine Resources Planner
From: Ralph Gouldy, Senior Administrator, Environmental Resources
Date: February 3. 2003
Ref: Site Evaluations for Boat Ramp Suitability, Tract A and Tract C. Boca Chica Ocean Shores.
RE#'s 144280. 144300
. Pursuant to your request. the above referenced sites (see attached plat) were evaluated for suitability
for boat ramp usage. The properties are owned by the United States Government (Naval Air Station).
Both Tract A (adjacent to Geiger Key Marina) and Tract C (adjacent to terminus of State Road 4A)
are depicted on Advanced Identification of Wetlands (ACID) map #32 (copy attached) as wetlands.
County regulations would require permits from the Florida Department of Environmental Protection
(DEP) and the U. S. Army Corps of Engineers (COE) for establishing a use and/or structure on either
parcel. It should be noted that the parcels fall within the Naval Air Station's ~Air Installations
Compatible Use Zone (AICUZ)". which restricts certain types of development. Although no boat
ramps actually exist on either parcel. boaters have been using a portion of the shoreline of each to
launch boats, with erosion and damage to the soft-bottom biological community, most notably
seagralses.
Moreover, development of the property as a boat ramp/docking facility would lb. in violation of
MCC section 9.6-349(m)(S), which states, in part:
"Any docking facility shall meet at least one of the following conditions:
(a) At least four (4) feet water depth at MLW at the terminal end
of the docking facility, and continuous access to open water;"
Comprehensive Plan Policy 212.5.2 defines "continuous acce.." as;
"a natural passage or an existing manmade channel no shallower than four (4) feet at
mean low water (ML W) and no narrower than twenty (20) feet",
and "open water" as;
"the portion of the straits of Florida, Florida Bay, the G~lf of Mexico, or the Atlantic
Ocean which consista of an uninterrupted expanse of water deeper than four (4) feet at
mean low water (MlWr.
Although the sites abut water of 4 feet in depth. the required 4-foot deep. 20-foot wide continuous
access to open water is not available from these altes. Access to open water is 'Iia a long, narrow,
apprOXimately 2-foot deep prop-dredged cut through grass flats. Since the depth and access criteria
stated above cannot be met, increased boating activity from this area should not be encouraged.
Therefore, a boat ramp/docking facility cannot be recommended at either of these sites.
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3"5-289-253&
PLMNING I:EPT
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PAGE El4
,j":J-:Lt19-2536
PAGE El6
o~~rv ~M2~~E
(30512lW......'
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._,...~.= BOARp OF COUNTY COMMISSIONERS
Mayor Dixie M. Spehar, District 1
Mayor Pm Tcm Murray E. Nelson, District 5
George NeqeDl, Di.<:tric;r 2
Charles "SoIlDY" McCoy, Distriet 3
David P. Rice, District 4
OJJlc. _I CtHI~ bllHUlll~"t
1100 Simonton Street - Rm. I . 213
O.ro Building
Key West, FL 33040
(305) 292-4495 Phone
(305) 295-4334 Fax
.
MEMORANDUM
TO:
Rich Jones, Marine ResoW'Ccs Planner
Cc:
Ronda Nonnan, Director Code Enforcement
FROM:
Suzanne Lex. Code Enforcement Inspector
DATE:
February 4, 2003
SUBJ:
Geiger Key Road, Right-of-Way
Slaee Deeell,llber of 2002 I bave received complalats every few weeks recardlag abandoaed "essel., vehicles aDd
trailers parked 00 the COUDey rlpt...C-,.ay of Geiler Key Road. Speeiflcally the problem ensts io the areas
adjaceat to tbe Geller Key Mariaa ud tbe sUlTouadlag Navy properties. Couaty right-of-way aDd Navy
properties are used tor storige oC boats 00 traUen aad oCeulODaUy Recreational Vehicles. Tbe area iJ clearly
marked with sips problbitiDg p.rmC ad trapassiDg, but diligeat enforcemeDt is required. Tbe MODroe CODDty
Sheriff's DepartmeDt, aloDI with Code EDforcemeat, bu worked to keep this area dear aDd monitor activity ID
tbis area replarly.
-