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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 17, 2010
Division: Growth Management
Bulk Item: Yes ~ No
Department: Marine Resources Office
Staff Contact PersonlPhone #: Richard Jones 2805
AGENDA ITEM WORDING: Approval of an Inter-Local Agreement (ILA) between Monroe
County (County) and the City of Key West (City) providing for coordination and participation in the
Florida Fish and Wildlife Conservation Commission (FWC) Pilot Program for anchoring and mooring.
ITEM BACKGROUND: Florida Statute Sec. 327.4105 established the FWC Pilot Program in 2009
to develop and test policies and regulatory options that promote the establishment and use of public
mooring fields, protect the marine environment, and allow for local regulation of non-liveaboard
vessels. The Pilot Program will provide a public benefit by promoting public water access, enhancing
navigational safety, protecting maritime infrastructure, and deterring improperly stored, abandoned and
derelict vessels. Currently local governments have no authority to regulate the anchoring activity of
non-liveaboard vessels. The Pilot Program will provide the authority for the County and City to
develop such anchoring regulations. Any anchoring ordinances created by the County and City will be
reviewed for approval and permitting by the FWC. Enforcement of anchoring regulations developed
under the Pilot Program may be provided by any local or state law enforcement agency under Florida
Statute Sec. 327 and 328. The FWC shall submit a report of the Pilot Program findings to the
Governor, the President of the Senate, and the Speaker of the House of Representatives by January 1,
2014. All ordinances enacted through the Pilot Program will expire concurrently with the expiration of
the Pilot Program on July 1,2014 unless re-enacted by the Florida Legislature.
PREVIOUS RELEVANT BOCC ACTION:
October 2009- the Board gave direction to Growth Management to send a Letter of Interest to FWC
indicating Monroe County's intention to participate in the Pilot Project.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: n1a
INDIRECT COST: less than $25,000 BUDGETED: Yes lLNo
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: n1a
SOURCE OF FUNDS: Boating Improvement Fund- 157-62613
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty ~ OMBlPurchasing ~
Risk Management -X
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
MEMORANDUM
MONROE COUNTY GROWTH MANAGEMENT DIVISION
We strive to be caring, professional andfair
To: Board of County Commissioners and County Administrator
From: Richard Jones, Marine Resources Senior Administrator
Date: January 29, 2010
Through: Christine Hurley, Growth Management Division Director
RE: Inter-Local Agreement with City of Key West
The purpose of this memo is to provide clarification regarding the Inter-Local Agreement
(ILA), as well as jurisdictional considerations and indirect costs associated with the ILA.
The ILA describes the coordination and participation to occur between the County and
the City of Key West (City) in regard to the Florida Fish and Wildlife Conservation
Commission (FWC) Pilot Program for anchoring and mooring. The Pilot Program is
mutually beneficial to the parties involved by providing local authority to regulate
anchoring activity of vessels outside of established mooring fields.
Requirements of the Pilot Program include the completion of twelve monthly surveys of
vessels moored within established mooring fields, as well as vessels anchored up to one
mile outside of established mooring fields. The ILA provides for the fulfillment of these
requirements for the Key City owned and operated mooring field located adjacent to
Garrison Bight Channel. The surveys to be conducted outside of the City's mooring field
will be a significant effort due to the presence of an estimated one hundred-fifty (150)
vessels anchored in that area. As described in the ILA, the County is coordinating with
the City by providing for the completion of those surveys outside the mooring field. The
Marine Resources Office plans to hire a consultant for under $25,000 to acquire the
necessary survey data. Funding for the surveys will come out of Boating Improvement
Funds, and is an indirect cost associated with the ILA. The City will consider approval of
the ILA at its February 2,2010 Commission meeting. At the time of writing this memo
that approval has not occurred. If by chance the City does not approve the ILA, County
staff will request that the ILA be withdrawn from the February 17th County agenda. In
addition, the ILA allows for either party to terminate the agreement upon thirty days
notice to the other party. In this instance the Marine Resources Office would cease the
survey activities unless directed to continue by the BOCC or the County Administrator
for the purpose of preserving and enhancing the marine environment.
The City mooring field provides one hundred-forty one moorings. Much of the mooring
field area and the adjacent unmanaged anchorage are located beyond the City's six
hundred foot jurisdictional boundary. The County's jurisdiction, however, extends
offshore three miles on the oceanside and nine miles on the bayside. By partnering with
the City in the Pilot Program, the County will be able to assist the City with jurisdictional
issues pertaining to any local ordinances developed under the Pilot Program.
-", -. - --- --~ -=--- ~ ~---:;:---- --~
~/" _~~, I. I. _ ,-.-_~_~~_.~, ; " . -
Participation in the FWC Pilot Program will provide a public benefit by promoting public
water access, enhancing navigational safety, protecting maritime infrastructure, and
deterring improperly stored, abandoned and derelict vessels.
, .
I' _ _ I' = ' , . ..- I
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: City of Key West Contract #
Effective Date: 2/1712010
Expiration Date: 7/1/2014
Contract PurposeIDescription:
An interlocal agreement with the City of Key West (City) providing for coordination
and participation in the Florida Fish & Wildlife Conservation Commission Pilot
- for anchoring and moorinK.
Contract Manager: Richard Jones 2805 Growth ManaJtement/l1
(Name) (Ext ) (Department/Stop #)
fur BOCC meetin2: on 2117/2010 ... .:I. Deadline:.2I2/2010
CONTRACT COSTS
Total Dollar Value of Contract: $ nla
Budgeted? vesO No D Account Codes:
Grant: $
County Match: $
Current Vear Portion: $
- - - -
-----
- - ."-
-----
- - - -
-----
- - - -
-----
ADDmONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. ma.int"'l:l~ utilities .
salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed
Division Director Y esO NoD
Risk Manllfitment ~ tdlJD YesD Non
~ ~\ ~t:
O~.lPurch~~g ~,o YesDNo~ . .
County Attomey I ,,,,, Yes[] No@' G';)-~' '.' 6J
Comments: I .
Date Out
.1.\, \f>
(..;) (()
OMB Form Revised 'lmIOl MCP #2
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT (Agreement) is entered into as of this ~ day of
, 2010, between Monroe County, a political subdivision of the State of Florida
(COUNTY) and the City of Key West, a municipal corporation organized and existing under the
laws of the State of Florida (CITY).
WITNESSETH:
WHEREAS, in 2009 Florida Statute Sec. 327.4105 directed the Florida Fish and
Wildlife Conservation Commission (FWC) to establish a Mooring Field Pilot Program (Pilot
Program) to explore options for regulating the anchoring or mooring of non-liveaboard vessels
outside oflegally permitted mooring fields and select two locations off the east coast of the state,
two locations off the west coast of the state, and one location within Monroe County to
participate in the Pilot Program; and
WHEREAS, the FWC subsequently solicited the COUNTY to participate in the Pilot
Program, indicating that the goals of the program are to explore regulatory options that promote
public access, enhance navigational safety, protect maritime infrastructure, protect the marine
environment, and deter improperly stored, abandoned or derelict vessels; and
WHEREAS, the COUNTY, recognizing the public benefit of addressing impacts
associated with the anchoring of vessels anchored or moored outside of established mooring
fields, responded with a Letter of Interest to the FWC to participate in the Pilot Program in
partnership with the CITY; and
WHEREAS, the CITY, recognizing the public benefit of addressing impacts associated
with the anchoring of vessels anchored or moored outside of the CITY owned and operated
mooring field located in Garrison Bight, has indicated its desire to partner with the COUNTY in
the Pilot Program;
NOW THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed between the COUNTY and the CITY as follows:
Section 1. Benefit of Participation in Pilot Program.
1.1 The COUNTY and CITY recognize the importance of the Pilot Program in
providing local authority for both parties to develop regulatory options to
address the anchoring or mooring of non-liveaboard vessels outside of
established mooring fields.
1.2 Participating and partnering in the Pilot Program will be mutually beneficial
to the COUNTY and the CITY by providing the public benefit of promoting
public access, protecting the marine environment, and deterring improperly
stored, abandoned or derelict vessels.
Section 2. General Coordination
2.1 The COUNTY will act as liaison between the CITY and the FWC.
2.2 The COUNTY and CITY will work cooperatively to fulfill the requirements
and objectives of the Pilot Program.
2.3 The COUNTY and CITY will coordinate prior to the start of the Pilot
Program and throughout the Pilot Program to ensure uniformity and
consistency in the data collection and documentation processes, and to meet
the timelines established by the Pilot Program (Exhibits A and B).
Section 3. CITY's Responsibilities.
3.1 The CITY will complete the Anchoring and Pilot Program Questionnaire and
provide it to the COUNTY for submission to the FWC in accordance with
the established time lines (Exhibit A).
3.2 The CITY will complete the required survey forms for vessels moored within
the Garrison Bight mooring field (Exhibit B, Survey I) each month for twelve
months starting no later than March 1, 2010. The survey forms will be
provided to the COUNTY each month for submission to FWC in accordance
with the established time lines (Exhibit B).
3.3 The CITY will develop regulatory options, as it sees fit, to address issues
related to anchoring and mooring activity outside of the CITY's Garrison
Bight mooring field in coordination with the COUNTY.
Section 4. COUNTY's Responsibilities.
4.1 The COUNTY will complete the required survey forms (Exhibit B, Survey J)
for vessels anchored or moored up to one mile outside the Garrison Bight
mooring field each month for twelve months starting no later than March 1,
2010.
4.2 The COUNTY will submit all FWC required documentation, including
surveys and questionnaires, to FWC according to the established time lines
(Exhibits A and B).
4.3 The COUNTY will provide limited technical staff support to the CITY as
necessary to ensure the proper completion of surveys and questionnaires, and
the development of regulatory options to benefit the CITY and COUNTY.
Section 5. Term.
5.1 This Agreement shall become effective upon execution by both parties and
shall expire on July 1, 2014, concurrently with the expiration of the Pilot
Program.
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Section 6. Termination and Default
6.1 This agreement may be terminated by either party upon thirty (30) days
notice to the other party.
Section 7. Indemnification and Non-Waiver of Immunity.
7.1 To the extent permitted by law and subject to the provisions and monetary
limitations of Section 768.28, Florida Statutes, the CITY does hereby agree
to defend, indemnify and hold the COUNTY, its officers, agents, or
employees, harmless from and against any and all liability, damages, costs or
expenses (including reasonable attorneys' fees, costs, and expenses at both the
trial and appellate levels) arising from the acts or omissions of the CITY in
connection with this Agreement. To the extent permitted by law and subject
to the provisions and monetary limitations of Section 768.28, Florida
Statutes, the COUNTY does hereby agree to defend, indemnify and hold the
CITY, its officers, agents, or employees, harmless from and against any and
all liability, damages, costs or expenses (including reasonable attorneys' fees,
costs, and expenses at both the trial and appellate levels) arising from the acts or
omissions of the COUNTY in connection with this Agreement. This provision
shall survive the expiration or earlier termination of this Agreement
7.2 Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the
participation of the Parties in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered
into by a party be required to contain any provision for waiver.
Section 8. Notices.
8.1 All notices, requests, demands, elections, consents, approvals and other
communications hereunder must be in writing and addressed as follows, or to
any other address which either party may designate to the other party by mail:
If to County:
Roman Gastesi, Jr.
County Administrator
Monroe County
Historic Gato Building
1100 Simonton Street
Key West, Florida 33040
With a CoPY to:
Suzanne Hutton, Esq.
Monroe County Attorneys Office
P.O. Box 1026
Key West, Florida 33041-1026
3
rfto City:
James Scholl
City Manager
City of Key West
525 Angela Street
Key West, Florida 33040
With a COPy to:
Shawn Smith, Esq.
City Attorney
525 Angela Street
Key West, Florida 33040
Any Notice required by this Agreement to be given or made within a specified period of
time, or on or before a date certain, shall be deemed to have been dilly given if sent by
certified mail, return receipt requested, postage and fees prepaid; hand delivered; or sent by
overnight delivery service.
Section 9. Regulatory Powers.
9 .1 Nothing contained herein shall be construed as walVlllg either party's
regulatory approval or enforcement rights or obligations as it may relate to
regulations of general applicability, which may govern the Agreement.
9.2 Nothing herein shall be deemed to create an affirmative duty of either party
to abrogate its sovereign right to exercise its police powers and governmental
powers by approving or disapproving or taking any other action in
accordance with ordinances, rules and regulations, federal laws and
regulations and state laws and regulations.
Section 10. Attorneys Fees and Waiver of Jury Trial.
10.1 In the event of any litigation arising out of this Agreement, the prevailing
party shall be entitled to recover its attorneys' fees and costs, including the
fees and expenses of any paralegals, law clerks and legal assistants, and
including fees and expenses charged for representation at both the trial and
appellate levels.
10.2 In the event of any litigation arising out of this Agreement, each party hereby
knowingly, irrevocably, voluntarily and intentionally waives its right to trial
by jury.
Section 11. Governing Law.
11.1 This Agreement shall be construed in accordance with and governed by the
laws of the State of Florida. Exclusive venue for any litigation or mediation
arising out of this Agreement shall be in the 16th Judicial Circuit in and for
Monroe County, Florida. This Agreement is not subject to arbitration.
4
Section 12. Entire AgreementIModification/Amendment.
12.1 This writing contains the entire Agreement of the parties and supersedes any
prior oral or written representations. No representations were made or relied
upon by either party, other than those that are expressly set forth herein.
12.2 No agent, employee, or other representative of either party is empowered to
modify or amend the terms of this Agreement, unless executed with the same
formality as this document.
Section 13. Access to Records and Audits.
13.1 CITY shall keep such records as are necessary to document the performance
of the Agreement and expenses as incurred, and give access to these records
at the request of COUNTY, the State of Florida, the Federal Government, or
authorized agents and representatives of said government bodies. CITY
shall also provide access to the personal property reports, permits, and
equipment purchased or utilized under this Agreement. It is the responsibility
of CITY to maintain appropriate records in accordance with generally
accepted accounting principles consistently applied to insure a proper
accounting of all funds and expenditures. Records shall be kept for a period
of five (5) years following execution of this Agreement. The COUNTY and
CITY shall allow and permit reasonable access to, and inspection of, all
documents, papers, letters or other materials in its possession or under its
control subject to the provisions of Chapter 119, Florida Statutes, and made
or received by the COUNTY and CITY in conjunction with this Agreement;
and the COUNTY shall have the right to unilaterally cancel this Agreement
upon violation of this provision by CITY.
13.2 The COUNTY may cancel this Agreement for refusal by the CITY, or the
CITY's subcontractor, to allow access by the County Administrator or his
designee to any Records pertaining to work performed under this
Agreement that are subject to the provisions of Chapter 119, Florida
Statutes.
13.3 The term Records shall refer to any documents, books, data (electronic or
hard copy), papers and financial records that result from the CITY or its
subcontractors performance of the Services provided in this Agreement.
Section 14. Nonassignability.
14.1 This Agreement shall not be assignable by either party unless such
assignment is first approved by both parties.
Section 15. Severability.
15.1 If any term or provision of this Agreement shall to any extent be held invalid
or unenforceable, the remainder of this Agreement shall not be affected
5
thereby, and each remaining term and provision of this Agreement shall be
valid and be enforceable to the fullest extent permitted by law.
Section 16. Independent Contractor.
16.1 The CITY and its employees, volunteers, agents, vendors and subcontractors
shall be and remain independent contractor and not agents or employees of
the COUNTY with respect to all of the acts and services performed by and
under the terms of this Agreement. This Agreement shall not in any way be
construed to create a partnership, association or any other kind of joint
undertaking, enterprise or venture between the parties.
Section 17. Waiver.
17.1 The failure of either party to this Agreement to object to or to take
affirmative action with respect to any conduct of the other which is in
violation of the terms of this Agreement shall not be construed as a waiver of
the violation or breach, or of any future violation, breach or wrongful
conduct.
Section 18. Survival of Provisions.
18.1 Any terms or conditions of either this Agreement that require acts beyond the
date of the term of the Agreement, shall survive termination of the
Agreement, shall remain in full force and effect unless and until the terms or
conditions are completed and shall be fully enforceable by either party.
Section 19. Counterparts.
19.1 This Agreement may be executed in several counterparts, each of which shall
be deemed an original and such counterparts shall constitute one and the
same instrument.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFf BLANK.]
SIGNATURE PAGE TO FOLLOW
6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement below.
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
BY:
Mayor/Chairperson
(SEAL)
ATTEST:
DANNY L. KOLHAGE, CLERK
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: .....~,~ .fL~
1G"sist ounty Attorn /- ;2(; -('0
BY:
THE CITY OF KEY WEST, FLORIDA
BY:
Craig Cates, Mayor
ATTEST:
Cheri Smith
City Clerk
(City Seal)
APPROVED AS TO FORM AND LEGALITY FOR THE USE
AND RELIANCE OF THE CITY OF KEY WEST, FLORIDA ONLY:
BY:
Shawn Smith, Esq.
City Attorney
7
Anchoring and Mooring Pilot Program Questionnaire
EXHIBIT A
10-14-09
Thank you for your interest in being a part of the Anchoring and Mooring Pilot Program.
This questionnaire is designed to gather data on existing conditions for those
municipalities/counties with permitted mooring fields, as well as those who are engaged
in the permitting process and whose mooring fields are permitted in time to participate
in the project.
If your municipality/county expects to have a permitted mooring field on or before
March 1, 2011, please also use this questionnaire and answer as many questions as are
applicable at the time of preparing the questionnaire. You will be asked to respond more
fully, if necessary, after the mooring field is permitted.
In order to be considered for the anchoring and mooring pilot program, the required
information should be provided to FWC by the following dates:
· LETTER OF INTEREST RECEIVED BY:
NOVEMBER 13, 2009
MARCH 1., 201.0
. DATA COLLECTION BEGINS:
· COMPLETED QUESTIONNAIRE & FIRST 12
MONTHS OF DATA COLLECTION RECEIVED BY:
MARCH 1., 201.1.
Anchoring and Mooring Pilot Program Questionnaire
10-14-09
Page Number
A. DEFINITIONS 3-4
B. MUNICIPALITY/COUNTY CONTACT INFORMATION 5
C. INFORMATION SPECIFIC TO PERMITTED MOORING FIELD 6
D. INFORMATION SPECIFIC TO MOORING AREAS 7-10
E. MOORING FIELD FEES 11
F. LEGISLATIVE GOALS OF THE MOORING PILOT PROGRAM 12
G. CERTIFICATION OF INTEREST 13
H. CHECK LIST OF ATTACHMENTS FOR QUESTIONNAIRE 14
I. SURVEY OF VESSEL TYPE CURRENTLY ON YOUR MOORINGS OR IN
THE AREA OF YOUR PROPOSED MOORING 15
J. SURVEY OF TYPE & QUANITY OF VESSELS ANCHORED UP
TO 1 MILE OUTSIDE THE BOUNDARY OF YOUR MOORING FIELD(S) 16
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Anchoring and Mooring Pilot Program Questionnaire
1.0-1.4-09
A. DEFINITIONS:
1. "Abandoned Vessel" - A vessel that does not have an identifiable owner and that
has been disposed on public property in a wreckedl inoperativel or partially
dismantled condition or has no apparent intrinsic value to the rightful owner. The
term also includes derelict vessels as defined.
2. "Boating Facilityll - A marinal mooring field, or special anchorage area. Special
anchorage areas are listed in 33 C.F.R. Part 1101 subpart A.
3. "Boating Infrastructure" - The fundamental facilities, systems, services, and
installations serving the needs of the resident and transient boating communities
within a country or municipality.
4. "Derelict Vessel" - Any vessel that is leftl storedl or abandoned:
a. In a wreckedl junkedl or substantially dismantled condition upon any public
waters of this state.
b. At any port in this state without the consent of the agency having jurisdiction
thereof.
c. Docked or grounded at or beached upon the property of another without the
consent of the owner of the property.
5. "Live-aboard Vessel" - Any vessel:
a. Used solely as a residence and not for navigationl
b. Represented as a place of business or a professional or other commercial
enterprisel or
c. For which a declaration of domicile has been filed pursuant to section 222.17,
Florida Statutes.
6. "Marina" - A licensed commercial facility which provides secured public moorings
or dry storage for vessels on a leased basis.
7. "Mooring'l -
a. The act of securing a vessel so that it remains in a particular place by attaching
it with ropes or cables to a permanently fixed object such as a dock, a wharf, a
pillngl the shorel or a mooring buoy.
b. The permanently fixed object to which a vessel is secured.
8. "Mooring Buoy" - A buoy serving as a permanently installed fixed mooring point.
Mooring buoys are cylindrical or spherical; they are white with a blue horizontal
stripe midway between the buoy's top and its waterline. Mooring buoys must
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Anchorino and Moorino Pilot Program Questionnaire
10-14-09
meet the requirements of 33 C.F.R. S 62.35, Fla. Admin. Code R. 68D-23.109(8),
and the United States Coast Guard Aids to Navigation - Technical Manual
(COMDTINST M16500.3A).
9. "Mooring Field" - An area of water set aside for the mooring of vessels to mooring
buoys. To be a mooring field, the area of water must have delineated boundaries
that are marked with permitted uniform waterway markers and must have
permitted mooring buoys installed in a planned array. In planning the buoy array,
the following must be among the factors taken into consideration: vessel lengths
and swing radii; vessel drafts and available water depths; vessel sizes, weights,
and wind-loading characteristics; buoy sizes and types; anchor sizes and types;
and holding characteristics of the bottom.
10. "NOAA Chartlet" - An 8.5 inch by 11 inch excerpt from a navigation chart
published by the National Ocean Service of the National Oceanic and Atmospheric
Administration. The chart excerpt may be reproduced by color photocopy of
printed charts or by printout from digital navigation charts, and may be enlarged
or reduced in scale as necessary.
11. "Non-motor Powered Vessel" - A vessel that is equipped with neither motor nor
sail and is designed to move only by being towed or manually propelled. (This
term does not include vessels with missing or inoperable motors or sails.)
12. "Stored Vessel" - A vessel anchored or moored on waters of the state.
13. "Zone of Impact" - The area of a water body influenced by the placement of a
mooring field and/or ordinance regulating anchoring.
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Anchoring and Mooring Pilot Program Ouestionnaire
1.0-1.4-09
B. MUNICIPALITY jCOUNTY CONTACT INFORMA TION:
1. Municipality/County Name:
2, Please include copies of all local, state and federal permits
a. Florida Department of Environmental Protection Permit
b. United States Coast Guard
c. United States Army Corps of Engineers
d. FWC Uniform Waterway Marker Permit
3. Division/Department:
4. Address/Phone/E-mail:
5. Person responsible for completing this questionnaire:
a. Name and Title:
6. Contact person responsible for Mooring Field Operation Information (if different from 5.):
a. Name and Title:
b. AddressjPhone/E-mail:
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Anchoring and Moorino Pilot Program Questionnaire
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C. INFORMATION SPECIFIC TO PERMITTED MOORING FIELD:
1. When was your mooring field created?
a. If engaged in the permitting process, when will it be created?
2. Why was your mooring field created?
3. Provide copies of agenda items and meeting minutes where creation of the mooring field
was discussed and/or approved.
4. Provide a copy of your operations manual.
5. Provide a copy of your tenant rules.
6. Provide a copy of ordinance pertaining to use of the mooring field.
7. Provide a copy of any anchoring ordinance within your local government's jurisdiction.
8, How and by whom are these ordinances enforced?
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Anchoring and Mooring Pilot Program Ouestionnaire
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D. INFORMATION SPECIFIC TO MOORING AREAS:
1. How many moorings do you have currently permitted? How many of these permitted
moorings are installed?
a. If engaged in permitting process, how many moorings are you applying for a
permit?
b. When permitted, how many of the moorings do you anticipate installing
immediately?
2. Is there sufficient area to expand your current mooring field?
Yes
No
If yes, do you anticipate doing that?
3. What geographic area does your mooring field service?
Attach one or more NOAA chartlets or chart excerpts and indicate the following:
a. The geographic area the mooring field services.
b. Your jurisdictional boundaries.
c. The areas within one (1) mile where vessels anchor outside of your
mooring field.
d. The "zone of impact" of mooring field.
e. Public or private marinas by name and location within one (1) mile
proximity of your mooring field.
f. Indicate the boundaries of your mooring field.
g. Does your mooring field support a public or private marina?
h. Where do boats anchor in your jurisdiction?
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Anchoring and Mooring Pilot Program Questionnaire
10-14-09
4. What plans have your municipality/county made for accommodating boaters who want to
stay in your area when they find your mooring field full?
S. Explain what factors led to your decision to place the mooring field in its current location.
Circle all that apply:
a. Boats already anchored in this location.
b. Deter improperly stored, abandoned or derelict vessels.
c. Only area available to our local government.
d. We have an adjacent upland facility to support the mooring field site.
e. To provide a well organized, environmentally sensitive way to serve vessels
within your jurisdiction.
f. Located close to amenities required by boaters.
g. It fits with facilities close to the proposed mooring site.
h. Protect the marine environment.
i. Protect maritime infrastructure.
j. Enhance navigational safety.
k. Other (explain):
6. When the mooring field was created, what activities were/are occurring and where did the
boats anchored there go?
If engaged in the permitting process, where do you believe boats will go? Circle all that
apply.
a. Other jurisdiction (Identify)
b. Another location in your municipality/county (identify on NOM Chartlet)
c. Other (identify)
d. Unknown
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Anchoring and Mooring Pilot Program Questionnaire
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7. Did you or do you believe you will hire any additional employees for the mooring field
operation?
Yes
No
If yes, how many employees?
8. What services are or will be offered on-site by your mooring field? Circle all that
apply:
Sewage pump-out at local marina
Mobile sewage pump-out boat
Dinghy dock. What is the capacity of dinghy dock?
On shore restrooms
On shore showers
On shore laundry facilities
Trash collection
Ice
Grocery Store
Restaurant
Fuel Type: Diesel Gasoline
Boat to ferry vessel occupants between their vessel and shore
Other: (identify)
9. What is the nearest distance to shopping and other services from the mooring field?
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Anchoring and Mooring Pilot Program Ouestionnaire
10-14-09
10. Is public transportation from the mooring field to shopping and other services
readily accessible?
Yes
No
If yes what type? Circle all that apply:
a. Bus
b. Private transportation (car rental)
c. Taxi
d. Water Taxi
e. Other (identify)
11. Attach a municipality/county street map showing location of the mooring field
in relation to off-site amenities.
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Anchoring and Mooring Pilot Program Questionnaire
10-14-09
E. MOORING FIELD FEES:
1. Is there an adjacent upland marina that supports your mooring field?
Yes No
2. What is the rate or proposed rate for mooring in your mooring field?
Daily $
Weekly $
Monthly $
Annually $
3. Does your local government anticipate increasing these rates?
Yes
No
NjA
a. If yes, why?
b. How will the increased rate be determined?
c. What will the new rates be?
4. If you charge a fee, how did you determine the fee for using the mooring field? Circle all
that apply:
a. Compared it to cost of building a marina slip.
b. It's what we determined to be its value to the boating public.
c. Other (identify)
1l
Anchoring and Mooring Pilot Procram Questionnaire
10-14-09
F. LEGISLA TIVE GOALS OF THE MOORING PILOT PROGRAM:
...; Encourage the establishment of additional public mooring fields,
...; Develop and test policies and regulatory options that promote the establishment
and use of public mooring fields,
...; Promote public access to the waters of the state,
...; Enhance navigational safety,
...; Protect maritime infrastructure,
...; Protect the marine environment and
...; Deter improperly stored, abandoned, or derelict vessels.
1. Please help us understand how your participation in this program will further
each of these goals. [Use additional sheet if necessary.]
2. Why should the Commission select your site to participate in this
mooring pilot program? [Use additional sheet If necessary.]
12
Anchoring and Mooring Pilot Program Questionnaire
10-14-09
G. CERTIFICA TION OF INTEREST:
By applying for acceptance into this pilot program, the municipality/county aCknowledges the
statutory requirements to work with FWC to accomplish the goals within this questionnaire.
In addition, the municipality/county understands it must coordinate the review of any proposed
ordinance with FWC, associations, or other organizations representing vessel owners and
operators, and with all interested stakeholders, the United States Coast Guard, Florida Inland
Navigation District and/or the West Coast Inland Navigation District.
The municipality/county agrees to submit required data via electronic mail or facsimile to
anchoring.mooring@myfwc.com same day of each month as required In the application.
NAME OF INDIVIDUAL COMPLETING QUESTIONNAIRE:
SIGNATURE OF INDIVIDUAL COMPLETING QUESTIONNAIRE:
AUTHORITY TO COMPLETE QUESTIONNAIRE GIVEN BY:
DATE:
13
Anchorina and Mooring Pilot Proaram Ouestionnaire
1.0-1.4-09
H. CHECK UST OF A TTACHMENTS FOR QUESTIONNAIRE:
1. State, Federal and Local Permits.
2. Mooring field operational management plan.
3. Mooring field tenant rules and regulations.
4. Mooring field rates.
5. Applicable ordinance(s).
6. NOAA chartlet of area into which mooring field could be expanded.
7. NOAA chartlet for mooring field service area.
8. NOAA chartlet for jurisdictional boundaries of your municipality/county.
9. NOAA chartlet showing the areas served by existing or proposed mooring field.
10. NOAA chartlet showing the area of the proposed new ordinance.
11. NOAA chart for "zone of impact" of mooring field.
12. NOAA chart showing mooring field and marina(s) in the area.
13. Map of municipality showing location of mooring field in relation to on-land amenities.
14. NOAA chartlet showing the area of the proposed new ordinance.
15. NOAA chartlet showing area into which mooring field might/will be expanded.
16. NOAA chartlet showing where boats can anchor in your jurisdiction.
17. NOAA chartlet showing where boats may go if anchoring restrictions were approved.
18. Twelve consecutive month data survey of boats in mooring field (summarized
on survey).
19. Twelve consecutive month data survey of anchored boats (summarized on
survey).
14
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