Item K03M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
The Florida. Ke Se
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Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
October 18, 2017
Agenda Item Number: K.3
Agenda Item Summary #3314
BULK ITEM: No DEPARTMENT: BOCC District 4
TIME APPROXIMATE: STAFF CONTACT: Tamara Lamarche (305) 289 -6000
9:00 AM
AGENDA ITEM WORDING: Approval of reimbursement agreement with Duck Key Property
Owner's Association to reimburse for replacement and repair costs for 12 "No Wake" Markers.
ITEM BACKGROUND: In 2003, the Duck Key Property Owner's Association requested County
assistance in the amount of $5,000 for installation costs of 12 Markers/buoys to display "Idle
Speed/No Wake" signage around the island. All permitting required for the project was obtained by
Duck Key Property Owner's Association with all appropriate agencies of jurisdiction.
PREVIOUS RELEVANT BOCC ACTION: The BOCC approved funding of the "No Wake"
markers /buoy project requested by Duck Key Property Owner's Association at the December 17,
2003 Regular BOCC meeting from Boating Improvement Funds.
CONTRACT /AGREEMENT CHANGES:
NA
STAFF RECOMMENDATION:
DOCUMENTATION:
STAMPED & EXECUTED UPDATED Reimbursement Agreement 2017 and Exhibit A (invoice)
(10 3 17)
Check # 1902
z- BOCC agenda item -Dec. 17 2003
MIN BOCC 12 17 2003 Duck Key No Wake Buoys
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract: $8,962.32
Total Cost to County: $8,962.32 (Reimbursement)
Current Year Portion:
Budgeted: No
Source of Funds: Boating Improvement Funds
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No
Grant: No
County Match: No
Insurance Required: No
Additional Details:
If yes, amount:
Boating Improvement Funds (Middle Keys)
REVIEWED BY:
David Rice
Skipped
08/24/2017 3:59 PM
Bob Shillinger
Completed
08/29/2017 5:11 PM
Christine Limbert
Completed
08/30/2017 4:21 PM
Christina Brickell
Completed
08/31/2017 8:30 AM
Kathy Peters
Completed
09/01/2017 2:20 PM
Board of County Commissioners
Completed
09/20/2017 9:00 AM
(DKPOA),
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NONE
WHEREAS, the County provided $5,000 in Boater Improvement funds towards the
installation of the Markers in 2003; and
WHEREAS, while DKMTA is responsible for installation and maintenance of the
channel markers pursuant to the Permit issued by the FKHNS and FWC, the County may
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for navigation and public safety;
NOW THEREFORE, in consideration of the mutual promises and conditions contained
herein, the parties agree as follows:
1. Ile DKPOA, upon completion Project to repair and replacement the Markers, will be
reimbursed by the County in the amount of $8,376.00.
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5. The County is not a party to the contract between DKPOA and Contractor f o r s ervices
reEder ed for the Pro act.
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7. DKPOA certifies and warrants that this agreement has been approved by the Board and is E
otherwise authorized to enter into this agreement.
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IN WITNESS WT=0F, the parties hereto have set their hands and seals the day and
year first above written,
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By
Mayor/Chairperson
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's4retary of DKPOA
CMSTINE LIMSERT-BARROWS,
ASSISTANT COUNTY ATTORNEY
DAIT.:
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Marine IS Underwvter Cametruction, Mooring Fields, Waterway Markers,
S earc h StarmSu El Down L ine s
17536 SE Conch Bar Avenue
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TO Duck Key Property Owners Assoelation
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ri K e y - M arathon
408-
INVOICE #0611 -17
DATE: JUNE 19 2017
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DUCK KEY PROPERTY OWN ASSOCIATION, INC CENTENNIAL RAhK 1902
143 NORTH BAHAMA DR!VE 6+.27 2'9
4AARATOON, FL 33060
e ta 7 America Underwater Cortrortors i 0 8,962.32
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American !Underwater Contractors
17536 C'or 33 Mar Avenue
Tegesesta, FL 333b0
4611 -17
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Wed. December 1 2003
Bulls Item: Yes No XX
Division: BOCC
Department: Commissioner Rice District 4
AGENDA ITEM WORDING: Approval of utilization of Boating Improvement Funds to Install
no wake markers at Dunk Key at the request of the Duck Key Property Owners Association.
ITEM BACKGROUND: The Duck Key Property Owners Association has obtained the
necessary permits from the National Marine Sanctuary for installation of the no wake markers.
The Federal Government passed legislation authorizing idle speed only within 300 foot of shore
for all of Monroe County. They are asking for $5,000 from the RIF to pay for the signage and
installation.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT /AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST: 15
COST TO COUNTY; $5,000.00
BUDGETED: Yes_ No
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SOURCE OF FUNDS: BIF monies
REVENUE PRODUCING: Yes — No — AMOUNT PER MONTH Year
APPROVED BY: County Atty _ OMB/Purchasing Risk Management
DIVISION DIRECTOR APPROVAL:
(David P. Rice, Commissioner, District 4)
DOCUMENTATION: Included
DISPOSITION
To Follow Not Required
AGENDA ITEM #Q 16
Revised I /03
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U.S. DEPARTMENT OF COMMERCE
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National Oceanic and Atmospheric Administration
NATIONAL OCEAN SERVICE
MARINE SANCTUARIES DIVISION
Florida Keys National Marine Sanctuary
P.O. Box 2083
Key Largo, FL 33037
(305) 852 - 7717 Voice
(305) 853 - 0877 Fax
September 9, 2003
Mr. Roy Enquist
23047 Old Government Trail
Nisswa, Minnesota 56468
RE: Uniform Waterway Marker Permit
PERMIT 20 -068 CFR 922.163
Dear Mr. Enquist:
This is in reference to your request for assistance in obtaining the required permits to place
uniform waterway markers to clearly delineate the 100 -yard idle speed only zones adjacent to
your residential shoreline. On your behalf, the Florida Keys National Marine Sanctuary
( FKNMS) has obtained the required permits to allow the installation of 10 uniform waterway
markers and 2 signs at the locations specified in the attached permit documents. The USACOE,
State of Florida/ Office of Enforcement Planning and Policy, Division of Law Enforcement and
DEP has approved this permit for uniform waterway markers under Sanctuary Regulation Part
922.163 no -wake idle speed within 100 yards (300 feet) of a residential shoreline.
It will be the responsibility of the homeowner to make arrangements with a licensed and insured
contractor for uniform waterway marker installation(s) and payment of services. Furthermore it
will remain the responsibility of the homeowner to maintain and replace any lost or damaged
markers under this permit for your area. Failure to maintain and/or replace uniform waterway
markers may result in revocation of this permit.
In electing to move forward with the contracting and installation of the markers, you will work
with the contractor to adhere to the terms and conditions specified in this permit. Conditions
include, but are not limited to: provisions for taking precautions to avoid harming manatees
during construction activity; installing the markers in accordance with the prescribed
specifications; and the reporting and correcting of any discrepancies of any marker(s) in a timely
manner. Please review the permits carefully before committing to an installation contractor.
FKNMS reserves the right to have an observer(s) on location during all activities authorized by
this permit. The FKNMS Observer(s) may document the activities and actual site of installation
for each marker to confirrn the accuracy of the marker spacing and positioning and to allow for
an assessment of potential physical resource damage. All permitted activities are to be conducted
in accordance with the terms and conditions of this permit and the applicable statute and
regulations. The FKNMS Observer(s) will not be present for the purpose of safety, nor for the
purpose of approval of activities not specifically authorized by this permit. You may elect to
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��. Packet Pg. 1588
arrange for Mr. John Halas, Resource Manager (305) 852 -7717 x34 to meet with a contractor of
your choosing prior to effecting any installations for a site survey. It is incumbent upon you to
select and employ a contractor capable of constructing and installing the regulatory markers in
accordance with the specifications prescribed by FKNMS and attached to this letter. Uniform
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waterway markers must be installed using embedment type anchors approved by FKNMS to
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assure the stability of the system. Markers shall be set at approximately one tenth of a mile apart
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(600 feet). FKNMS reserves the right to inspect the markers prior to, during, and after
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installation. Any required corrections found necessary based upon these inspections will be your
responsibility. to have corrected.
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All persons associated with the project shall be instructed of the potential presence of manatees
and the need to avoid collisions with manatees. All construction personnel are responsible for
The permittee shall notify FKNMS Upper Region office at least 24 hours in advance when
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work has been scheduled with an installation contractor.
There are civil and criminal penalties for harming, harassing, or killing manatees which are
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Also within 24 hours it is the responsibility of the permittee to report to the FKNMS Upper
1973, and the Florida Manatee Sanctuary Act of 1978. The pen and/or the contractor may
Region office of the successful completion of the marker installation (s).
be held responsible for any manatee harmed, harassed or killed as a result of construction
Under the requirements of the State of Florida, Office of Enforcement Planning and Policy,
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Division of Law Enforcement, Uniform Waterway Markers must comply with these
All vessels associated with the project shall operate at "no- wake/idle speeds at all times while in
specifications: markers must be of white reflective background with an international orange
water where the draft of the vessel provides less than four feet clearance from the bottom and
border and geometric symbol. Characters must be black block at least 3" in height. Markers.
must extend a minimum of 36" above the waterline. Each marker must also be identified with
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the proper permit number by division (see below). Permit numbers must be firmly affixed to
the lower portion of each marker in black block no smaller than l" in height.
There are three divisions of the FKNMS; Upper, Middle and Lower Regions, which will be
identified by permit number:
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PERMIT 20 -055 CFR 922.163
The Upper Region permit area begins at Angelfish Creek in the northern shoreward end of the
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Sanctuary and extends down to the Long Key Viaduct.
PERMIT 20 -068 CFR 922.163
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The Middle Region begins southward from the Long Key Viaduct and extends to Spanish
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Harbor, a point just before Big Pine Key.
PERMIT 20 -069 CFR 922.163
The Lower Region permit area begins southward at Spanish Harbor and covers the remaining
portion of residential shoreline within the southern boundaries of the FKNMS.
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All persons associated with the project shall be instructed of the potential presence of manatees
and the need to avoid collisions with manatees. All construction personnel are responsible for
observing water - related activities for the presence of manatees.
There are civil and criminal penalties for harming, harassing, or killing manatees which are
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protected under the Marine Mammal Protection Act of 1972, the Endangered Species Act of
1973, and the Florida Manatee Sanctuary Act of 1978. The pen and/or the contractor may
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be held responsible for any manatee harmed, harassed or killed as a result of construction
activities.
All vessels associated with the project shall operate at "no- wake/idle speeds at all times while in
water where the draft of the vessel provides less than four feet clearance from the bottom and
those vessels shall follow routes of deep water whenever possible.
Packet Pg. 1589
If a manatee is sighted within 100 yards of the project area, all appropriate precautions shall be
implemented by you/the contractor to ensure protection of the manatee. These precautions shall
include the operation of all moving equipment no closer that 50 -feet of a manatee. Operations of
any equipment closer than 50 -feet of a manatee shall necessitate immediate shutdown of that
equipment. Activities will not resume until the manatee(s) have departed that project area of its
own volition.
Any collision with and/or injury to a manatee shall be reported immediately to the "Manatee
Hotline" at 1- 800 -- DIAL -FMP (1888- 342 - 25$0). Collision and/or injury should also be reported
- AV4ldlif&Servic£�in J.e-' Bnville {� h %era
Beach (1561 -562 -3909) in South Florida.
To report permit activities or for questions please contact Brenda Altmeier directly at (305) 852-
7717 x22 or Mr. John Halas x34.
We hope that the costs and effort associated with the installation of these shoreline markers will
be of benefit in habituating vessel operators to the idle speed zones off your shoreline. Please let
us know if we can be of further assistance in your planning for 'this project.
Sincerely,
�rendaltmei , pper Region Administrative Assistant
Florida Keys National Marine Sanctuary
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Billy D. Causey/FKNMS Superintendent
Dave Score/FKNMS Upper Region Manager
Anne McCarthy/FKNMS Lower Region Manager
John C. Halas/FKNMS Upper Region Resource Manager
Date /
Art Apkarian/ Duck Key Property Owners' Association, Inc., President
Ed Gottschalk/ Duck Key Property Owners' Association, Inc., Vice President
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r; Jlorida Keys National . Marine Sanctuary
Regulatory Markers / Idle Speed No Wake
CFR 922.163
FWC - File Number 2009 - 0944 -068BS
ACOE - NW 1 'Y
100 Yard Markers
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DUCK KEY PROPERTY OWNERS' ASSOCIATION, INC.
P.O. Box 522606, Marathon Shores, FL. 33052
Art Apkarian - President - 289 -0705
Ed Gottschalk - Vice President - 743 -2799
Alene Teynor - Treasurer - 743 -2983
Lore Grob - Secretary - 743 -4984
Roy Enquist - Environment - 743-0115
Bill Morrell - Member at Large - 289 -9945
Jo Ann Orr - Newsletter - 743 -5437
Fran Showerman - Social Chairman - 289 -7532
Dave Williamson - Beautification - 743 -2151
Date: April 21, 2003
The Duck Key Property Owners' Association, Inc. Board of Directors passed the following motion on
April 16, 2003.
Duck Key Property Owners' Association Inc. authorizes the placement of up to ten (10) no wake buoys as
marked on the attached map in Tom's Harbor and the Harbor Island area. Two (2) no wake signs are to
be placed on docks as indicated on the attached map.
Art Apkarian, PWdent
AK:Ig
OBJECTIVE: TO PRESERVE AND PROTECT THE RESIDENTAL COMMUNITY AT DUCK
KEY.
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12/17/03
2003/320
Attorney to design an ordinance that would prevent franchise stores, similar to the ordinance in
the Village of Islamorada, that would not allow franchises to be established in the Big Pine Key
area. Roll call vote was unanimous.
COUNTY ADMINISTRATOR
Mr. Roberts reported to the Board status of negotiations with the City of Key West
concerning the Key West Botanical Gardens property on Stock Island and the deadline for a final
commitment from_ the City of December 31, 2003. The Board agreed to extend that date until
after the first City Commission meeting in January, 2004. Mr. Roberts also discussed the level of
travel expense reimbursements. The Board directed the County Administrator to move forward
in the preparation of a resolution concerning a new level for travel expense reimbursements
consideration by the Board at its regular meeting in January, 2004.
Commissioner Rice discussed his item for approval of utilization of Boating Improvement
Funds to install no wake markers at Duck Key at the request of the Duck Key Property Owners
Association. Marine Resources Director, George Garrett addressed the Board. After discussion,
motion was made by Commissioner Rice and seconded by Commissioner Neugent granting
approval of the request, as permitted. Motion carried unanimously. Staff was also directed to
refer this issue to the Marine & Port Advisory Committee for general policy review and report
back to this Board.
PUBLIC HEARINGS
A Public Hearing was held concerning adoption of a Resolution electing to use the
uniform method of collecting non -ad valorem special assessments levied within the
unincorporated area of the county encompassing the area of South Stock Island served or to be
served by KW Resort Utilities; stating a need for such levy; providing for the mailing of this
Resolution; and providing an effective date. There was no public input. The County
Administrator addressed the Board. Motion was made by Commissioner Spehar and seconded by
Commissioner Rice to adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 561A-2003
Said Resolution is incorporated herein by reference.
A Public Hearing was held concerning adoption -of an Ordinance, authorizing the issuance
by the County of not exceeding $5,000,000 in aggregate principal amount of taxable wastewater
improvement assessment bonds (Stock Island Area), Series 2004 in order to finance the
acquisition of certain wastewater treatment capacity and various costs relating to the acquisition
and construction of certain wastewater utility capital improvements on Stock Island, including
the reimbursement of certain expenditures previously made by the County; Pledging the moneys
received by the County from certain special assessments upon property benefited by the
aforementioned improvements to secure payment of the principal of and interest on said bonds;
Covenanting to budget and appropriate legally available non -ad valorem funds to pay debt service
on the bonds in the event the Special Assessments are inadequate for such purpose; Providing for