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Item N7BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 19 March2003 Division: Growth Management Bulk Item: Yes No X Department: Marine Resources 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 AMOUNT PER MONTH Year APPROVED BY: County Atty NA OMB/Purchasing 4 Risk Management NA_ rn Final lease will be annroved by all annnriate c cectinnof C`nn ,�,�� ernmPnt DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X To Follow Not'Required DISPOSITION: AGENDA ITEM #_N7_ County of Monroe Department of Marine Resources 2798 Overseas Highway, Suite 420 Marathon, Florida 33050 Phone: (305) 289-2805 FAX: (305) 289-2536 February 5, 2003 To: George Garrett, Marine Resources Director From: Richard Jones, Marine Resources Planner Re: Problems with use of Navy property on Geiger Key Board of County Commissioners Mayor Dixie Spehar, Dist. 1 Mayor Pro Tern Murray Nelson, Dist. 5 Comm. Charles "Sonny" McCoy, Dist. 3 Comm. George Neugent, Dist. 2 Comm. David Rice, Dist. 4 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 corner 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. Rite 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 Department of Environmental 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 subject 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). Ald .. , r'♦;*;O!! �� O'.+�`6"G Sr v% v ? �='O'•!'lwd?�' _ �r a s +�`r 't �-��r��-+r:.. _ - . ' �; .:: � • _ . ►O!!! � ��00�s4s6�,+P0��'+��'�+�*�i�i3O��61�4"�ZC�q+���'9`_9 -� `►''►t`'',:A-...r�,�.'.�-=' ��-4�"i��, ; �.�:0�— R-.Gi-�_�.�1•l�i+.�i�' i1�.ai�i..�1 �tv S�r_.:s.t�l.1 I e` �',l' f ^1•^ t _ ! ' w•'�. :ram'✓�. �.. �. / _ '! Q tea•C4 - c• /,_i WW A�'�'��+'-4 r � 44���'a � 'r� •4' �' V p { =A p� �j� 9 `it �< �.y;� 'i-� 'r - -�,�� :r., 1 ' , 44 4 O 04-r d t. f, q►, �}'�Q,9'�Oa'�► df,�3,�r ®� 4� �'-,^_ �' tea; ., 044,0-0 Q!� C � f•,�tt6�O`' ' �, �, o �„y_O O r,�,� ,�� ' : :: _� � :br" � t`+.'a' �_'1.�+.., .�. ;.� -, M�OOO�O�O�t �w�A_O tb .a��4�4.,-'�-� 'TM„« -: • �•`-?;.°_ _ . 'g�{�d�r �:' �,� .�' � � w:r.; � �':: h •t : - --,. -�: � . r�004• �t`"�`'�l Ly'yO�l►;ti�`::.ti:-x.;'i�j.«e�'�J'�b'�E�O'�'+.}��s�� r 5 '� ! �' 6 �► i = � �'a 9 e► l�"+OnOdO 4' - .;•.�.ri3,�%`'ayd''v�4�plA�`�-�j'''��'A�.��:c� C'+ - - 'JS INTEROFFICE MEMORANDUM South District To: Richard Jone§, Monroe County Marine Resources Planner From: Beth Bergh, Environmental Specialist II Subject: Boat Ramp Site Evaluation Navy Property next to Geiger Key Marina 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 project, 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. County of Monroe Planning and Environmental Resources Department 2798 Overseas Highway Marathon, Florida 33050-2227 Voice: (305) 289 2500 FAX: (305) 289 2536 To: Richard Jones, Marine Resources Planner Board of County Commissio _ Mayor Dixie M. Spehar, Dist. 1 Mayor Pro Tern Murray Nelson, Dist. 5 Comm. Charles "Sonny" McCoy, Dist. 3 Comm. George Neugent, Dist. 2 Comm. David Rice, Dist. 4 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 (ADID) 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 seagrasses. Moreover, development of the property as a boat ramp/docking facility would be in violation of MCC section 9.5-349(m)(5), 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 access" as; "a natural passage or an existing manmade channel no shallower than four (4) feet at mean low water (MLW) and no narrower than twenty (20) feet", and "open water" as; "the portion of the straits of Florida, Florida Bay, the Guff of Mexico, or the Atlantic Ocean which consists of an uninterrupted expanse of water deeper than four (4) feet at mean low water (MLW)". 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 sites. Access to open water is via 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. 0 SEA 0 �,$6 °oti s�z 4 ��o° /p 90 ot— p '� Q 'Acel �£ nn' N ux ell A \�A err Opl 9 ! a N a: C� o pQ`-� oo o ��ce7 c° s 09-- A� Ct) p V - co O G 00 MNiq 0 m Z W N N W CD Og LL1 0 I o A d N a' A Ov- Q9 ^�T�� A (oiN �O ^ A ^ ! aTi go co A O - N ^ IV'. 0 ^� C'l Ln /c, ���. ��� �I'� A b N O)O /1� N r- --- OUNTYMONROE KEY WEST FLORIDA 33o4o (305)294-4641 Office of Code Enforcement 1100 Simonton Street — Rm. 1 - 213 Gato Building Key West, FL 33040 (305) 292-4495 Phone (305) 295-4334 Fax . rT BOARD OF COUNTY COMMISSIONERS Mayor Dixie M. Spehar, District I Mayor Pro Tem Murray E. Nelson, District 5 George Neugent, District 2 Charles "Sonny" McCoy, District 3 10L. David P. Rice, District 4 MEMORANDUM TO: Rich Jones, Marine Resources Planner Cc: Ronda Norman, Director Code Enforcement FROM: Suzanne Lex, Code Enforcement Inspector DATE: February 4, 2003 SUBJ: Geiger Key Road, Right -of -Way Since December of 2002 I have received complaints every few weeks regarding abandoned vessels, vehicles and trailers parked on the County right-of-way of Geiger Key Road. Specifically the problem exists in the areas adjacent to the Geiger Key Marina and the surrounding Navy properties. County right-of-way and Navy properties are used for storage of boats on trailers and occasionally Recreational Vehicles. The area is clearly marked with signs prohibiting parking and trespassing, but diligent enforcement is required. The Monroe County Sheriffs Department, along with Code Enforcement, has worked to keep this area clear and monitor activity in this area regularly. Tamarac Park Property Owners Association P. O. Box 2714, Key West, FL. 33040 Mr. Jim Roberts, County Administrator, JAN 2 7 2003 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. e n ssocia�`i87fPresident '01/25/03 (295-7684) Co to: Honorable Dixie S ehar county commissionerz PY P tY Mr. George Garrett, Monroe county marine resources N� TAMARAC PARK PROPERTY OWNERS ASSOCIATION, INC. P. O. Box 2741 Key West, FI.33042-2741 TO: MONROE COUNTY BOARD OF COUNTY COMMISSION Mayor Dixie Spehar Fax, 292-3466 County Commissioner George Neugent Fax. 872-9195 County Commissioner Charles "Sonny" McCoy Fax. 292-3577 County Commissioner David P. Rice Fax 289-6306 Mayor Pro Tern Murray Nelson Fax. 852-7162 Date March 06, 2003 Subject: Geiger Road Boat Launch Facility on Navy Property This fax is to address the comments made by Commissioner George Neugent at the meeting in Key Largo on February 16, 2003. I agree totally with Commissioner Nugent that this issue should be discussed at a meeting to take place in the lower Keys, as it pertains to a subject matter that is in District 1, and is of particular interest to constituents of Mayor Spehar. It is essential when addressing the subject of the Navy property and the closure of the boat launch area, to confine the issue exchisively to the boat launching facilityand not attempt to include any comments related to Geiger Key Marina, any noise that may emanate from that facility, or the garbage that relates to that facility. The comments by Commissioner Nugent that the adjacent neighbors have for four years complained about the Geiger Key Marina facility were postured in such a way as to include the Boat launch ramp, and that is a not a factual depiction. The boat launch facility is Navy Property, and as such has been graciously available to the taxpayers for 20 years or more. It was only closed in January by George Garrett when he received two complaints from neighboring properties, alleging late night use by young adults parking and partying on the Navy property. There was and is no documentation or investigation by any county or Government official to substantiate this alleged use. George Garrett called the Boca Chica Navy Base and requested the facility be closed. The Navy has advised they will gladly open the facility if the county will just call them and request that it be opened. Contrary to Commissioner Neugent's comments, this boat launch facility is utilized by a substantial quantity of boat owners in the Geiger Key, Big Coppitt Key area. You will find on the following pages a petition form signed by 34 people who live in the area, requesting the ramp be opened. There will also be additional petitions submitted. If commissioner Neugent does not know, as he stated, a "single boat owner" that uses the ramp, it may be that he does not know any boat owners on Geiger Key or Big Coppitt Key. Some of the property owners who live on Geiger Road regularly use this facility. The closure of this facility poses a difficult problem for many boat owners in the area, who launch their boats in the fall, and retrieve them in the spring. A great many retired military personnel, who are residents of the area, use the facility extensively. Further, the residents in the area represent over one million dollars annually in county taxes, and a substantially high number of these residents use the Geiger Road facility. Many are retired, and do not benefit from the taxes paid to the school system, so the use of this facility over the last 20 plus years has not cost the property tax payers of Monroe County a single penny. This is a Federal facility, and as such is monitored by the Navy personnel, who are paid out of our Federal taxes. Why tinker with a win —win situation. Also, the residents of Geiger Key would not need to go on US I if this facility were open. As you know, the intersection of Boca Chica Road and US 1 is very dangerous. There is inadequate parking at the US I ramp for day users, and there have been many incidents of vehicle break-in's at the US 1 ramp. To our knowledge there has never been a reported incident of vandalism to vehicles parked on the Navy property. (Continued on page two) Page two O Do not confuse the boat launch facility with Geiger Key Marina. THEY ARE TWO TOTALLY DIFFERENT ISSUES. I am further requesting that the parties who originally complained to George Garrett about the alleged late night use of the Navy property be identified and the documentation of those complaints be furnished by return fax. Please understand that many constituents want this facility open If there is documented miss -use of the Navy property, then ask the Navy to close it from sundown to sunrise, but please honor the voice of reason and the massive quantity of constituents and request the Navy m-open this boat launch facility at once. Y John en President EBrucelt!ri�cker ice President Pjeta—e Cookson Treasurer 7ues4e SAVE OUR RAMP We, the undersigned residents of Geiger Key -do hereby request that the United States Navy, and the Monroe County Board of Commissioners reopen the public boat ramp, on Geiger Key as soon as possible. Resident Address a I SAVE OUR RAMP We, the undersigned residents of Geiger KeY.do hereby request that the United States Navy, and the Monroe County Board of Commissioners reopen the public boat ramp, oh Geiger Key as soon as possible. Resident Address i _wwtt: j r 4 ;,>'�,! „� t%? �-7.�t ter- ' .�l''R,. .✓ ';�' _ .� r' .�:. ��j%+,- /'�; t _. 41, S", G-z17." bd WHOS:90 E00Z 6I 'qaJ 0Z8696Z : 'ON 3NOHd : W021d FROM PHONE No. : 2969820 0 'SAVE OUR RAMP Feb. 19 2002 06:49AM PR t We, the undersigned residents of Geiger Key do hereby request that the United States Navy, and the Monroe County Board of Commissioners reopen the public boat rump on Geiger.Key as soon as possible. Address r / Alm r �• v s FA rOVA 9 el. 1 FROM : PHONE NO. : 2969820 Feb. 19 2002 06:49AM P3. SAVE OUR RAMP - -- vie, the undersigned residents OfGei er K ' g Key do hereby request that the United States Navy, and the Monroe County Board of Commissioners reopen, the public boat rn up on Geiger Key as soon a$ possible. e id n A. dtess SAVE OUR RAMP We, the undersigned residents of Geiger Key do hereby request that the United States Navy, and the Monroe County Board of Commissioners reopen the public boat ramp,on Geiger Key as soon as possible. Resident Address SAVE OUR RAMP We, the undersigned residents of Geiger Key do hereby request that the United States Navy, and the Monroe County Board of Commissioners reopen the public boat ramp on Geiger Key as soon as possible. Resident Address i J i ' � ILI K#I INIPPIF? 02, �_e G SAVE OUR RAMP We, the undersigned residents of Geiger Key do hereby request that the United States Navy, and the Monroe County Board of Commissioners reopen the public boat ramp on Geiger Key as soon as possible. Resident Address 412 �.. 4�Z' = , VA c_. FIAA y; / i `yam vVI ,(� %� �N4 SAVE OUR RAMP We, the undersigned residents of Geiger Key do hereby request that the United States Navy, and the Monroe County Board of Commissioners reopen the public boat ramp on Geiger Key as soon as possible. Resident Address i i 1 I SAVE OUR RAMP We, the undersigned residents of Geiger Key do hereby request that the United States Navy, and the Monroe County Board of Commissioners reopen the public boat ramp on Geiger Key as soon as possible. Resident Address r 940KA SAVE OUR RAMP We, the undersigned residents of Geiger Key do hereby request that the United States Navy, and the Monroe County Board of Commissioners reopen the public boat ramp on Geiger Key as soon as possible. Resident Address , >_ ..�,i u�.: � r Or- I / NWAIFOOTFIJ A L 2. SAVE OUR RAMP We, the undersigned residents of Geiger Key do hereby request that the United States Navy, and the Monroe County Board of Commissioners reopen the public boat ramp on Geiger Key as soon as possible. Resident Address MAI�� M via - • _� Nil YAM �MMWAA-��5/ �M_ - %AM FRI , - �► •WA NEI 241 WATNEM .44 CG FA SAVE OUR RAMP r We, the undersigned residents of Geiger Key do hereby request that the United States Navy, and the Monroe County Board of Commissioners reopen the public boat ramp on Geiger Key as soon as possible. Resident Address �- c � 01 err 1 . Wit. �w cs'i MEMEWA F� SAVE OUR RAMP We, the undersigned residents of Geiger Key do hereby request that the United States Navy, and the Monroe County Board of Commissioners reopen the public boat ramp on Geiger Key as soon as possible. Resident Address