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Item Q2M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMMISSIONERS /� r i � �� Mayor George Neugent, District 2 The Florida. Ke Se y I Mayor Pro Tern David Rice, District 4 Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting November 14, 2017 Agenda Item Number: Q2 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. The BOCC referred the policy issue to the Marine Port Advisory Committee for recommendation as noted in the minutes. The MPAC heard the item at their January 7, 2004 meeting. No action was taken by the committee. 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 z- MPAC Minutes- January 7 2004 FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: $8,962.32 (Project total cost) Total Cost to County: $8,376.00 (Reimbursement minus sales tax) 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), xT 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 x. 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. pil q' I� I 11 ; J ig 11 1 �11111111! I g ME M3 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. j 7. DKPOA certifies and warrants that this agreement has been approved by the Board and is E otherwise authorized to enter into this agreement. 0 -0 I IN WITNESS WT=0F, the parties hereto have set their hands and seals the day and year first above written, A 03 By Mayor/Chairperson 1� A7 4 .0, *EC"' 's4retary of DKPOA CMSTINE LIMSERT-BARROWS, ASSISTANT COUNTY ATTORNEY DAIT.: 2 Marine IS Underwvter Cametruction, Mooring Fields, Waterway Markers, S earc h StarmSu El Down L ine s 17536 SE Conch Bar Avenue 'q'. #'k P hone 561. 75.4 E ' �u rt 3 TO Duck Key Property Owners Assoelation A °. °x J ohn : S c h war z ri K e y - M arathon 408- INVOICE #0611 -17 DATE: JUNE 19 2017 r: : r:: E E E * r'r; 'r r't^.. j:.. :f .x. a nd i d own line systems on buoy #6 which was In ex ..:.r. .:. rr rr 11■■ r e E as �a 0 E z CC e : r: : r:: E E E * r'r; 'r r't^.. j:.. :f .x. a nd i d own line systems on buoy #6 which was In ex ..:.r. .:. rr rr 11■■ r e E as �a 0 E z CC 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 E r,hA- hauwd- Ni. w. Hund" SislyTwo .auld3;i. ?_UQ # e # # #i # #a ## {Lai \ # \ii \!1 \i # \i\ \i \I\!\!■ American !Underwater Contractors 17536 C'or 33 Mar Avenue Tegesesta, FL 333b0 4611 -17 WOO 190 211 1 :08 240 2 75 7N: 06 L0 00 36 54 I 5rp.t993P d'! 6!F+ 611 LC'0 191 h1t A I l fAp- jsrya�nr 10 4 1. E"'iraLes!a 9C FLS - *'! x Batch: L rn r CC 100 M $A r- Zp m 1 i cat CD Cm 0 0 tm9 Q5 43 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 CD 04 rl- 8 E Q W a� 0 N a 0 E 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 tr'L o.��� U.S. DEPARTMENT OF COMMERCE r �, 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 CD CD c� d a� E as cu e a� O N e E 0 ��. Packet Pg. 1365 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 CD waterway markers must be installed using embedment type anchors approved by FKNMS to 0 assure the stability of the system. Markers shall be set at approximately one tenth of a mile apart ED (600 feet). FKNMS reserves the right to inspect the markers prior to, during, and after e installation. Any required corrections found necessary based upon these inspections will be your responsibility. to have corrected. CU 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 a work has been scheduled with an installation contractor. There are civil and criminal penalties for harming, harassing, or killing manatees which are L) CL 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, c� Z 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 E 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: E PERMIT 20 -055 CFR 922.163 The Upper Region permit area begins at Angelfish Creek in the northern shoreward end of the E Sanctuary and extends down to the Long Key Viaduct. PERMIT 20 -068 CFR 922.163 CD The Middle Region begins southward from the Long Key Viaduct and extends to Spanish cD 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. as 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 L) 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 N 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. 1366 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 encl. cc: 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 c� d a� E as a� 0 N E 0 co 0 y CL J \ 0 & / f / \ § E $ CD .. § E \ / E CD CD / & k 9 E / k U Q 0 I § E / 4 &■ . a - � � I � @ ■ q ■ ■ ■ a ■ e & � � . , f f � ■ ■ f @ � m » I E � ■ § @ § § ■ § f $ ® ■ � ■ � § 2 � 9 � E dC ■ ■ j:E § i ■ $ i Tr ■ . � A 0 co 0 y CL J \ 0 & / f / \ § E $ CD .. § E \ / E CD CD / & k 9 E / k U Q 0 I § E / 4 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 • Enquist.dbf Image NOAA Chart 11452 CD CD 8 E 0 N 0.2 D 0.2 0.4 Mlles WY N � J Q Q J V W CL Q a WE L Z r .1� III \/ 0 X L E a d} 5 �c N C 0 E U 05 E a -0 9 c° .c 't" 0 E _ � N � � a x E (D U cn cD 0 0 rq "ll, 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. CD CD 04 as 8 E Q cu 0 A� 0 N a 0 E -- 3, 7 ,As t / yy .. r 3 ; 3S c,�TcX 4 , 4f55 Packet 'g. 132 2 0D. OD D. ;:� �j VII � � b � ` a -Z� co �u� 4 0 O � w �-, CD CD 04 m 0 N a 0 DD w CD CD 04 m 0 N a 0 Q.Z.c i 7 i (� cu oe r. ... • a �. . a r. r r,M MI i� M Irp Ara b4o - r y { � #rte +�• �, try � �f: � Vim' �Y/. • � 1 • YI� '�I x• S r f., - 6� i � ✓ 7 a }-t rT" 7 g � ryK d4 cy F { �.,��;.,, ^�. art• � Packet �'g. 134 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 Marine & Port Advisory Committee Meeting Draft Minutes January 7, 2004 5 Members in Attendance Harry DeLashmutt 1„ Pam Martin DeeVon Quirolo Denis Trelewicz Pat Wells Pete Worthington Marine Resources Staff Present George Garrett, Richard Jones, Lissete Cordova Commissioners Present None Citizens Present Seven • ....................................................................................................................................................................................................... ............................... ikyj 0 to] eF Fr7 Motion 1 A motion electing Pat Wells for chair of the Committee. Motion/Second DeeVon Quirolo/Pete Worthington Passed unanimously and Adopted Motion 2 A poll choosing between DeeVon Quirolo and Pam Martin as vice - chair. DeeVon Quirolo was chosen by secret ballot (413) Motion 3 A motion to go forward with the application for the modified marking plan for Niles Channel. Motion /Second Pam Martin /DeeVon Quirolo Passed unanimously and Adopted Mntinn d A motion recommending that the Board send a resolution to the State to stop offshore dumping off of Tampa. Motion /Second Pat Wells /DeeVon Quirolo Passed unanimously and Adopted. Motion 5 A motion to allocate $80,000 from BIF to be used for the Village of Islamorada idle speed buoy project, and for that allocation to be the Village's allocation for both this year and next year. Motion/Second DeeVon Quirolo/Pete Worthington Passed unanimously and Adopted. Motion 6 A motion to approve the minutes from December 3, 2003 MPAC meeting. Motion /Second Pat Wells /Harry Delashmutt Passed unanimously and Adopted. & .......... ....... .................... .................................................................................................... ............ . ........ . ..... .... ...................... . ............................. I .......... . Pat Wells, Chair of the Committee, opened the meeting at 7:15 pm, without a quorum. The Committee reviewed the agenda. Pete Worthington asked to discuss the State Rd. 4A boat ramp on Little Torch Key. Harry Delashmutt asked to brief the Committee on the current mooring buoy project at Boot Key Harbor. Rich Jones asked to brief the committee on the `swimming hole' project. Pam Martin requested to discuss the recent mini - lobster season ordinance passed by the County. Pat Wells also wanted to add a brief discussion on the budget. DeeVon Quirolo requested to discuss an item for having Committee members taking on projects. Rich Jones discussed the potential of having Committee members working on MPAC recommended projects, such as the recent consideration of locating sacrificial areas where boaters can aggregate to relieve pressure on areas such as Varadero Beach. Mr. Jones explained that staff in other south Florida counties have committee members volunteer to work on projects that they propose or support. Mr. Jones explained the time constraints on Marine Resources staff and the need for the Committee to assist on projects. DeeVon Quirolo mentioned that she had spoken with staff and agreed that it was a good way to have Committee members involved with projects. Parrs Martin voiced concerns, including potential Sunshine Law violations, and stated that staff should do the work. DeeVon Quirolo mentioned that Pam Martin had recently asked that the Committee be more involved in projects, and this is a good way to do so. Pat Wells suggested speaking to the County Attorneys Office to determine if it would be a violation of the Sunshine Law for members to work together outside of advertised meetings. Mr. Wells suggested that members could take on projects based on their interests. Pete Worthington suggested that members could work on a project separately, then come together at the Committee meetings to exchange the information. Rich Jones said he would check with legal, then discuss it again at the next meeting. George Garrett agreed that it would be helpful to our Department and welcomed the assistance of Committee members. A sixth Committee member arrived, providing a quorum. The election of officers began with Pat Wells being nominated for committee chair and DeeVon Quirolo and Pam Martin for vice - chair. Pat Wells was approved for chair and DeeVon Quirolo was chosen for vice -chair (by a poll of the members- 413). Richard Jones began the agenda item for Niles Channel, describing the original plan for about thirty markers and the modified plan for ten markers that had been approved by several agencies some years back. Mr. Jones explained that he hadn't moved forward yet on resubmitting the modified plan (as recommended at the previous MPAC meeting) because Phil Frank was out of the country and there's no reason to start the paperwork unless Phil is on board. Mr. Jones explained the concerns of the USFWS and the potential to draw more boaters into the backcountry. Denis Trelewicz questioned why USFWS doesn't want to protect their resources. George Garrett explained that the Refuge is a wilderness area and the USFWS goal is fewer people in that area. There was some discussion of increasing the number of markers from the modified plan. DeeVon Quirolo stressed the need to move forward with what has already been determined to be acceptable. Pam Martin requested to have an inter- agency meeting and made a motion. Richard Jones reminded Ms. Martin that she had asked staff to move forward with the modified plan at the last meeting. Pat Wells commented that any meetings would just slow down the process. Pam Martin then modified her motion to make the application and have a meeting. Several members of the public then commented favorably on marking, indicating that it would help protect the resources. One speaker felt that marking would `formalize' the channel and make transiting the area `legal'. DecVon Quirolo stated that it is important to move ahead with the application and that having an inter - agency meeting would only delay the process. Pam Martin then withdrew her motion and made another motion to move ahead with the application process. Pat Wells explained that it was unnecessary as the same recommendation had been made at the previous meeting. Pam Martin stated that she wanted it on the record. The motion passed. Rich Jones briefed the Committee on the marina/liveaboard slip project that the County is working on, to address both environmental and growth management objectives. Mr. Jones explained that the LDR's require liveaboards to go through ROGO, but that the Planning Department does not want to provide allocations to slips that could potentially be transferred upland. He further explained the comp plan objective of requiring pumpouts at any facility with ten or more slips, or one liveaboard slip. Mr. Jones described a comprehensive plan to survey marinas for number of slips and liveaboards and then certifying facilities for `x' number of liveaboard slips, to virtually freeze the number of liveaboards at marinas. He explained that the County will work with the cities on the plan, to provide consistency throughout the Keys. Pam Martin mentioned that she was involved with the development of the land use plan and did not remember any inclusion in the ROGO system for liveaboards. George Garrett explained that it is in the LDR's, but that it doesn't fit into the context of ROGO, therefore the County is amending the LDR's to reflect the intent. Mr. Garrett explained that the plan will Iikely go before the MPAC, the Planning Commission, and the BOCC. He mentioned that this will not kick liveaboards out, but simply put a cap on the number of legally established liveaboard slips. Mr. Jones explained that the surveys will need to be thorough and that the Department will probably categorize different types of liveaboards, needs, etc. DeeVon Quirolo stressed the importance of including commercial vessels (headboats, etc.) in the surveys. George Garrett mentioned that planners would be working on the ordinance and Rich would work primarily on the surveys. DeeVon Quirolo presented a resolution she drafted addressing the ocean dumping off Piney Pt. near Tampa. Pam Martin expressed concern that phosphates dumped in the Gulf could end up in the Keys waters. A motion was approved to forward the resolution to the Board to send to the State. George Garrett discussed the proposed idle speed buoy project for the Village of Islamorada. DeeVon Quirolo asked Mr. Garrett about the BIF budget and how funding allocations are made to the cities. Mr. Garrett explained that BIF is used throughout the Keys, including incorporated areas. Funding is distributed by projects, rather than jurisdictional boundaries. Pat Wells stated that he felt that the Sanctuary regulated buoys should be funded by homeowners who want it, not by BIF (as that is how the program was setup by the Sanctuary). Mr. Garrett explained that although the County does not particularly endorse the Village buoy project, it is the project they have chosen to do, and they may request BIF funds to use as they see fit. There was discussion of how much should go to various cities each year. Mr. Garrett mentioned the `sandbar' project that was done at the request of the Village, and more recently the idle speed buoy request. Mr. Garrett felt that with an estimated cost of about $80,000 for the project, it could be considered two years worth of BIF allocations for the Village. Several Committee members suggested just funding half the buoys. DeeVon Quirolo suggested going ahead with the full project, but to let the Village know that this is two years' worth of funding and they will get no funding next year. She made it a motion and it was approved. George Garrett then mentioned that the Board has asked the MPAC to also consider the potential of similar marking throughout the Keys. Several members indicated that it is unnecessary to mark all the shorelines, and it should only be done where there is an apparent need. Pete Worthington indicated that this type of project is a social issue rather than an environmental or safety issue. Pat Wells felt that it would be an aesthetic impact to buoy the entire Keys' shorelines. DeeVon Quirolo reiterated that same concern and stated that there are a lot of projects to be done in the Keys, and buoying the shorelines is a low priority. She further stated that BIF money should be used to remove marine debris and derelict vessels, provide pumpouts, build and repair boat ramps, etc. No action was taken. Pat Wells asked for an update on the emergency d/v removal situation. George Garrett stated that the County Attorneys Office is researching the authority for the County to be able to remove and impound vessels. He stated that an ordinance will be drafted allowing the County to address the situation when there is an environmental or safety concern. Pete Worthington mentioned the poor condition of the dock at the State Rd. 4A boat ramp. Rich Jones explained that the County is aware of the situation and that he is working with Engineering to rebuild the docks. Harry Delashmutt gave an update on the Boot Key Harbor mooring field, explaining that there will eventually be 230 moorings and that the City of Marathon has requested the County to fund the last 166 moorings to go in. Rich Jones explained that the County has approved using a National Fish & Wildlife Foundation grant ($130,000) towards the buoy project. Rich Jones gave a presentation on the County's proposal to the Florida DEP, Division of State Lands to manage the `swimming hole' parcel on Big Pine Key. He indicated that the proposal is for a passive area to include re- vegetation, boardwalks, educational kiosks, and maybe an observation tower. The site would be used for launching non - motorized vessels (kayaks, etc.), and would also serve as a trail head for the Bicycle /Pedestrian Trail being developed by the State. He indicated that the costs should be minimal and grants would be sought for funding. Pam Martin discussed the mini- season ordinance. She mentioned that she went before the Board again to voice her concern about some of the language as well as enforcement issues. George Garrett explained that enforcement officers will use discretion and will recognize when someone is simply diving in a canal for boat or dock maintenance. He reiterated that the County is comfortable with the ordinance. Pete Worthington explained that FFWCC had not take action at the State level in the last several years due to a lack of unification throughout the municipalities, but that now the County and all the cities are adopting ordinances with the same language. The Committee approved the minutes of the December 3, 2003 MPAC meeting. The meeting adjourned at 9:50 PM.