Item J2Meeting Date: August
l7,
2011
Division:
Growth_ Management
Bulk Item: Yes
No
X
Department:
Marine Resources Office
Staff Contact Person/Phone #: Richard Jones/289-2805
AGENDA ITEM WORDING: Discussion of the status of Monroe County's involvement in the
Florida Fish & Wildlife Conservation Commission (FWC) Pilot Program, including the results of the
June 7, 8 and 9 stakeholder workshops and potential development of a draft ordinance for anchoring
and mooring.
ITEM BACKGROUND: In 2009 the Florida Legislature directed the FWC to establish a Pilot Program
(Program) to explore options for regulating the anchoring of vessels outside of public mooring fields. Monroe
County is currently participating in the 5-year Program in partnership with the Cities of Marathon and Key West
(Cities). The County recently conducted required stakeholder workshops (June 7-9) structured to further inform
the public and receive input regarding the Program. Staff also attended an ordinance development workshop
held by FWC on July 14, 2011. Staff is currently, in coordination with the Cities, conceptualizing development
of a draft ordinance for anchoring and mooring. Staff will discuss the above described items and take comment
from the Board. In September staff will seek direction from the Board to designate two areas as managed
anchorages, and begin development of an ordinance to address: 1) prohibition of floating structures, 2) no
anchoring buffer zones adjacent to the Key West and Marathon mooring fields, and 3) implementation of the
USCG Vessel Safety Check program and FWC At Risk program in managed anchorages. The timeframe for
ordinance development will be from October 2011 to January 2012, with BOCC adoption to occur by January
2012. The ordinance will expire on July 1, 2014.
PREVIOUS RELEVANT BOCC ACTION:
October 2009- direction to submit a Letter of Interest to FWC indicating Monroe County's intention to
participate in the Pilot Program.
February 2010- approval of ILA's with Key West and Marathon to partner in Pilot Program
March 2011- staff presentation updating BOCC on status of Pilot Program
CONTRACT/AGREEMENT CHANGES:
1 1 '
INDIRECT COST: BUDGETED: Yes No
1 1, 1, win pi w pi•
COST TO 1 1 •FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION:
MONROE COUNTY GROWTH MANAGEMENT DIVISION
We strive to be caring, professional and fair
To: Board of County Commissioners
From: Richard Jones, Marine Resources Senior Administrator
Date: July 28, 2011
IIM
Discussion of status of County involvement in the FWC Pilot Program
The purpose of this memo is to describe the status of Monroe County's involvement in
the Florida Fish & Wildlife Conservation Commission (FWC) Pilot Program, results of
recent stakeholder workshops, and the potential development of a draft ordinance for
anchoring and mooring.
The County, in partnership with the cities of Marathon and Key West (Cities), is
currently in the second year of the five year long Pilot Program; having completed
required monthly anchoring surveys for one year, and more recently conducted
stakeholder workshops in the upper (June 7), middle (June 8) and lower Keys (June 9).
The stakeholder workshops provided valuable information regarding the public's
understanding of the Pilot Program, the public's needs, and a general concern for the
County to not `over -reach' in the development and implementation of regulatory options
for anchoring and mooring.
The attached stakeholder workshop summaries (Summaries) describe the presentations
provided by State and County staff, data gathered from the March 2010-February 2011
monthly surveys, and the remaining timelines for the Pilot Program (see the attached
Anchoring and Mooring Pilot Program Participant Proposed Timeline). The Summaries
also include all public input received at the three meetings. The Summary for the Key
Largo meeting indicates overwhelming concern from residents in the Buttonwood Sound
area regarding crime and boating impacts generated from the liveaboard anchorage at
Sunset Cove. Summaries for both the Marathon and Key West meetings describe
concerns from the boating public that liveaboard boaters may be forced into mooring
fields, and that many liveaboards cannot afford to pay mooring fees. There was a general
opinion that free anchoring areas and shoreside access should be available to transient
and liveaboard boaters, and concern that too much regulation could make the Keys a
boater `un-friendly' destination.
At the stakeholder workshops staff focused County attention on the Boca Chica basin
anchorage, citing the April 2008 BOCC Resolution which describes anchoring impacts in
that area (e.g. derelict vessels and vessel sewage) and the June 2009 BOCC Resolution
which describes the proliferation of unpermitted moorings. There were no public
speakers (identified) from the Boca Chica basin anchorage, and no one spoke about the
placement or use of unpermitted moorings.
During the stakeholder workshops multiple members of the public suggested the
implementation of vessel inspection programs to both inform vessel owners of potential
issues and encourage upkeep of vessels. Two such programs currently administered are
the Vessel Safety Check provided through the USCG, and the `At Risk Vessel' program
administered by FWC.
As a follow up to stakeholder workshops, and a precursor to ordinance development,
FWC held an Ordinance Development Workshop in Orlando on July 14, 2011 for
representatives of the five participating local governments in the state (Monroe County,
Martin County, St Augustine, St Pete, and Sarasota). That workshop helped clarify for
the two counties participating in the Pilot Program in partnership with cities (Monroe
County with Key West and Marathon, and Martin County with Stuart) that there should
be one ordinance (at the County level) that incorporates regulatory elements proposed by
the Cities. Regulatory regimes such as maximum time limits for anchoring and no
anchoring `buffer zones' were discussed. FWC staff further explained that local
ordinances shall be `reasonable' for boaters, and consistency and uniformity be designed
into any draft ordinance language.
Next Steps in the Pilot Program
The next action step in the Pilot Program is the development of regulatory options in
accordance with the described goals of the Pilot Program (see attached 2009 Florida
Statute). County staff is currently working, in coordination with staff of the partnering
Cities, to develop a single ordinance which will provide regulatory elements for both the
unincorporated and (two) incorporated areas, as described below. Staff is developing all
regulatory strategies in concert with the Marine & Port Advisory Committee.
Municipalities of Marathon and Key West:
The Cities are considering regulatory strategies such as maximum anchoring time limits
and buffer zones (no -anchoring) immediately adjacent to their respective mooring fields
at Garrison Bight and Boot Key Harbor.
Unincorporated Monroe County:
County staff, in consideration of unincorporated Monroe County anchoring issues, is
focusing on what at this time appears to be the most problematic anchoring areas
identified; including Boca Chica basin in the lower Keys and Sunset Cove in Key Largo.
Both of these areas have documented anchoring impacts, and very little public opposition
has been received regarding possible regulations designed to reduce or eliminate boating
impacts in those areas.
Staff is suggesting regulatory elements designed to `manage' the anchorages at these two
locations, including utilization of the USCG Vessel Safety Check and FWC `At Risk
Vessel' programs. If made mandatory for boaters within designated geographic areas, the
programs would require little additional administration by the County. Combined with a
prohibition on floating structures, these regulatory elements may significantly reduce
abandoned and derelict vessels.
A comprehensive approach to managing the Boca Chica basin and Sunset Cove
anchorages by integrating the above described elements is anticipated to address problem
vessels without `over -reaching' and impacting transients and other responsible vessel
owners.
Staff will discuss the above information and take comment from the Board at the August
BOCC meeting.
Be
Statutes & Constitution :View Statutes :->2009->Ch0327->Section 4105 :Online Sunshine Page 1 of 2
Select Year: 2009 Go
The 2009 Florida Statutes
Ti le XXIV Chapter 327 View Entire Chapter
VESSELS VESSEL SAFETY
327.4105 Pilot program for regulation of mooring vessels outside of public mooring fields. --The Fish
and Wildlife Conservation Commission, in consultation with the Department of Environmental
Protection, is directed to establish a pilot program to explore potential options for regulating the
anchoring or mooring of non -live -aboard vessels outside the marked boundaries of public mooring fields.
(1) The goals of the pilot program are to encourage the establishment of additional public mooring
fields and to develop and test policies and regulatory regimes that:
(a) Promote the establishment and use of public mooring fields.
(b) Promote public access to the waters of this state.
(c) Enhance navigational safety.
(d) Protect maritime infrastructure.
(e) Protect the marine environment.
(f) Deter improperly stored, abandoned, or derelict vessels.
(2) Each location selected for inclusion in the pilot program must be associated with a properly
permitted mooring field. The commission, in consultation with the department, shall select all locations
for the pilot program prior to July 1, 2011. Two locations shall be off the east coast of the state, two
locations shall be off the west coast of the state, and one location shall be within Monroe County. The
Locations selected must be geographically diverse and take into consideratlon the various users and
means of using the waters of this state.
(3) Notwithstanding the provisions of s. 327.60, a county or municipality selected for participation in
the pilot program may regulate by ordinance the anchoring of vessels, other than live -aboard vessels as
defined in s. 327.02, outside of a mooring fleld. Any ordinance enacted under the pilot program shall
take effect and become enforceable only after approval by the commission. The commission shall not
approve any ordinance not consistent with the goals of the pilot program.
(4) The commission shall:
(a) Provide consultation and technical assistance to each municipality or county selected for
participation in the pilot program to facilitate accomplishment of the pilot program's goals.
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display_Statute&Search_Strin... 12/15/2009
Statutes & Constitution :View Statutes :->2009->Ch0327->Section 4105 : Online Sunshine Page 2 of 2
(b) Coordinate the review of any proposed ordinance with the department; the United States Coast
Guard; the Florida Inland Navigation District or the West Coast Inland Navigation District, as
appropriate; and associations or other organizations representing vessel owners or operators.
(c) Monitor and evaluate at least annually each location selected for participation in the pilot program
and make such modifications as may be necessary to accomplish the pilot program's goals.
(5) The commission shall submit a report of its findings and recommendations to the Governor, the
President of the Senate, and the Speaker of the House of Representatives by January 1, 2014.
(6) The pilot program shall expire on July 1, 2014, unless reenacted by the Legislature. All ordinances
enacted under this section shall expire concurrently with the expiration of the pilot program and shall
be inoperative and unenforceable thereafter.
(7) Nothing in this section shall be construed to affect any mooring field authorized pursuant to s.
253.77, s. 327.40, or part IV of chapter 373, as applicable, or any lawful ordinance regulating the
anchoring of any vessels within the marked boundaries of such mooring fields.
History.--s. 48, ch. 2009-86.
Copyright 0 1995-2009 The Florida Legislature • Privacy Statement . Contact Us
http://www.l eg. state. fl. usIStatuteslindex. cfm?App`mod e=D isplay_Statute& Search_Strin... 12/15/2009
ffell, IWI1Y-00-111 ITI MV A-XS?T'%- 0-17
ON THE
FWC PILOT PROGRAM
Hosted by the County Marine & Port Advisory Committee (MPAQ
June 7, 2011
6 p.m.
Murray E. Nelson Government and Cultural Center
Key Largo
Welcome
Mimi Stafford, MPAC Vice Chair, welcomed everybody to the meeting. Ms. Stafford provided
some general background and explained that the County and the MPAC are seeking input and
guidance from the public on how to move forward with addressing anchoring issues being
experienced at various areas throughout the Keys, in association with the Florida Fish & Wildlife
Conservation Commission (FWC) Pilot Program for anchoring and mooring (Pilot Program).
Introductions
Panel members included MPAC Vice Chair Mimi Stafford, Monroe County Marine Resources
Senior Administrator Richard Jones, FWC Captain Tom Shipp and FWC Lieutenant David
Dipre. MPAC Board Members Bill Hunter, Pat Wells and Richard Tanner were also present.
FWC Pilot Program Overview
Captain Tom Shipp of the FWC presented an overview of the Pilot Program. Captain Shipp
stated that FWC has received legislative direction, in consultation with the Florida Department of
Environmental Protection (DEP), to develop an anchoring and mooring Pilot Program. Monroe
County is one of five municipalities chosen to participate in the program. The Pilot Program is
set to expire July 1, 2014. Captain Shipp then outlined the goals of the program as being to
promote the establishment and use of public mooring fields, to 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. The charges to
the Commission are to select all of the locations and participants prior to July 1, 2011, provide
consultation and technical assistance in developing ordinances, coordinate the review of any
proposed ordinance, and then the FWC Commission will either approve or not approve the
ordinance drafted by the local government. At the end of this process the FWC has to submit a
report to the Governor and the Legislature by January 1, 2014. Captain Shipp further explained
that what this Pilot Program does is allow the five participant areas to regulate outside of the
mooring fields in only those five areas.
Presentation on surveys
Richard Jones, Marine Resources Senior Administrator for Monroe County, presented a slide
presentation explaining the goals of the program and survey data acquired. Mr. Jones stated that
one of the biggest issues in Monroe County to be addressed through this program is the
abandoned and derelict vessel issue. The basic action steps that the FWC and the County and the
other four local governments chosen in the state will be going through was described. The raw
01
data that the County collected through the surveys conducted inside and outside of the two
mooring fields in the County and Boca Chica Basin was presented. Richard Tanner pointed out
the anchorage area around Boot Key Harbor. Mr. Jones summarized the data for the Boot Key
Harbor mooring field showing that transient vessels were the highest use inside the mooring field
and liveaboard vessels were the highest use outside of the mooring field. The raw data collected
in the Key West mooring field surveys was presented. The Key West data was also summarized
to be that transient vessels are the highest use inside the mooring field and the liveaboard vessels
are the highest use outside the mooring field. The different anchorage areas around Key West
were pointed out on the slides. The Boca Chica anchorage area was also pointed out on the
slides. The summary of the data collected in the Boca Chica area showed that there is a high
number of local liveaboards and a high number of stored vessels in the area, but very few
transient vessels.
Mr. Jones stated that last year Monroe County removed 103 derelict vessels, 17 of which came
from the Boca Chica area. Lieutenant Dipre added that even though Monroe County removed
103 vessels, FWC worked up to 175 derelict vessel cases. 90 to 95 percent of the boats surveyed
in the Boca Chica area were using some kind of unpermitted mooring to hold the vessel in place.
Slides of the different unpermitted moorings were shown. The evaluation of the mooring data
indicated that there is damage to the sea floor throughout the Boca Chica area. Mr. Jones spoke
of the impact the vessels in the Boca Chica Basin are having on the boat ramp at Key Haven.
Anchorage areas in the Upper Keys were illustrated. The difference between the anchorages in
the Upper Keys and the Lower Keys is that there are more anchorages in the Upper Keys area,
but those anchorages have fewer boats. The impact of the liveaboard vessels in the Sunset Cove
anchorage area was described. Slides were shown of some examples of problem vessels and
derelict vessels in Monroe County, as well as examples of floating structures and stored vessels.
Mr. Jones emphasized that whatever ordinance is created should be uniform and consistent
throughout the Keys and, most importantly, should not overburden the recreational boater, but
needs to be reasonable to everybody while still addressing the anchoring impacts. Future
opportunities for public comments were described. Captain Shipp added that Monroe County, in
partnership with Key West and Marathon, will draft ordinances worded very similarly so there
will be consistency throughout this particular participant site.
Mr. Jones invited members of the public to fill out comment cards during the upcoming break
and described the public input process. Ms. Stafford and Mr. Jones encouraged members of the
public to participate by sharing any guidance and insights they may have.
A brief recess was held from 6:42 p.m. to 6:58 p.m.
Mr. Jones also stated that he welcomes comments by phone or e-mail, and announced his contact
information.
Public Input
Sally Atkins, resident of Sunset Cove, spoke about the water quality in the area going steadily
downhill because of the liveaboards in the area. There is a criminal element that lives on the
E
water in this area. One of the liveaboards has made lewd suggestions to a 15-year-old in the
neighborhood, who is now afraid to go outside. The public access at the end of the street is not
used by the neighbors because it is filthy. Law enforcement does everything they can, but there
is not enough manpower. The vessels come ashore and bang into the residents' docks during
storms. Ms. Atkins was hoping more would be addressed for the Upper Keys, but understands
that at least a start is being made. Mr. Jones recognized that Sunset Cove has been the biggest
problem area in the Upper Keys and this area will be looked at in the next month.
Frank Papy, resident of Islamorada, described the Keys as one of the greatest places there has
ever been, but feels the regulations have gotten too bad. Mr. Papy agrees that the water should
be patrolled so that everybody is safe, but that there are too many regulations now that are
sending a lot of people to the Bahamas. Mr. Papy feels that Wisteria Island should be made into
a park with some bathrooms and some security there to keep everything legal. Mr. Papy
encouraged the County to have a standard rule and a standard price for everything so everybody
knows what it is.
Ken Delacy, resident of Sarasota, stated that Sarasota has also been chosen for the pilot program.
Mr. Delacy realizes there are major issues that need to be dealt with without becoming too
heavy-handed. The liveaboards in Sarasota formed a city -recognized neighborhood association,
and they are working with the City Attorney in Sarasota on an idea for an anchoring permit. The
permit is to preserve local freedoms of anchoring for people that are responsible owners with
seaworthy vessels. The idea is to eliminate derelict vessels without outlawing other people's
rights to anchor. It relies on the U.S. Coast Guard Auxiliary's vessel safety check. Mr. Delacy
feels this permit will go a long way in making sure boats are seaworthy and eliminating derelict
boats, and also preserve people's right to anchor. Mr. Delacy left handouts at the front desk for
anybody interested.
Don Crouch, resident of Sunset Cove, spoke of the damage done by vessels that have come
ashore during storms. Several break-ins have occurred at his house, believed to be committed by
liveaboards in the area. Items on his property, such as lawn furniture, have been damaged by
liveaboards who come ashore. Mr. Crouch stated that there is an element living on these boats
which is not conducive to a good community and the residents feel helpless as to how to control
it other than calling the police every time there is a problem.
Steve Mulholand, resident of Sunset Cove, stated that the only people getting harassed in his
neighborhood are the residents being harassed by the liveaboards. Mr. Mulholand is sometimes
nervous for his neighbors' safety. A knife was pulled on one of his neighbors. Crack pipes were
found on his property. Mr. Mulholand remembers what a beautiful place this area was 40 years
ago. Bicycles have to be locked up that are sitting next to the house. Nothing can be left outside
for fear of it being stolen.
Written questions were submitted. A definition of transient vessel was asked for. Captain Shipp
explained that there is no definition of transient vessel, but that the categories of vessels were
created to be able to get an idea of what type of vessels were being looked at.
K,
The next question submitted asked at what point does a properly anchored transient vessel
become a liveaboard vessel? Lieutenant Dipre answered that Under Florida Statute 327.02 a
houseboat is defined as any vessel that is lived aboard 21 days out of 30 days, thereby making
any vessel that is lived on 21 days out of the month a liveaboard vessel. Mr. Jones explained that
for the purposes of the ordinance that will be written, if there is an anchoring regulation it will
apply to all vessels, liveaboard as well as nonliveaboard. To clarify the record, Lieutenant Dipre
read Florida Statute 327,02(13) into the record. Captain Shipp stated that he will research to see
if there is any type of conflict between the definition of houseboat and liveaboard.
The third question submitted was how will the proposed regulation affect local boaters who
spend two to four weeks per year cruising up and down the Keys? Mr. Jones answered that
when one enters a restricted anchorage area is when time would begin accruing, that it does not
apply to Monroe County from beginning to end.
A final comment submitted stated that whatever regulation is proposed should not impact
responsible boaters who are properly anchored. Mr. Jones concurred with that sentiment. An
ordinance will apply across the board, but it certainly will be reasonable for all boaters.
Patricia Donoflio, Upper Keys liveaboard, stated that she feels sorry for the people that are
having problems with their liveaboard neighbors and feels this also hurts liveaboards who are
responsible boaters. Ms. Donoflio thinks the mooring fields are not used by local liveaboards
because they are barely making enough to survive. Ms. Donoflio thinks so many regulations
scare a lot of travelers coming to the Keys. Ms. Donoflio feels that the County should focus
more on how to inspect the boats to make sure they are kept up to prevent them from becoming
derelict. Ms. Donoflio suggested that a mooring field in Sunset Cove could probably help, but
that the liveaboards also need a place to come ashore. Ms. Donoflio concluded by stating that
boaters need to be educated to help prevent them from destroying natural resources.
Commissioner Sylvia Murphy stated that she feels that one of the biggest differences is people
today are not raised to be courteous, and this is the big problem with some of these roads that end
in open water. Commissioner Murphy lives on a street that ends in open water and has never
experienced the problems that residents of Sunset Cove have faced. Commissioner Murphy
proposed having a meeting with FWC, the Sheriff's department, Rich Jones and a member of the
MPAC to figure out some type of an ordinance to address this problem. Lieutenant Dipre was
invited to attend. Lieutenant Dipre spoke of the "broken window theory" and how one area can
degrade gradually. Lieutenant Dipre feels enough enforcement between the Sheriff's office and
FWC would help in this area.
Summary
Mr. Jones explained the County's Derelict Vessel Program to the public. Besides removing
derelict vessels that FWC reports to the County, the County has a service where they will help a
Monroe County resident who has title to a vessel dispose of the vessel and pay the dump fee for
them.
Mr. Jones stated that the socioeconomic element intertwined in the discussion tonight will be
considered. Mr. Jones admitted that developing a mooring field is the easy part, but determining
0
where a shoreside facility should be located is going to be the hard part. Captain Shipp added
that the upland facilities in the areas of the proposed participants were a factor in choosing
participants for this program. Mr. Jones observed that if the County is going to do something in
the Upper Keys, Sunset Cove should be the place to start. Mr. Jones agreed that it is very easy to
quantify and qualify what the problems are, but not that easy to come up with solutions.
Captain Shipp thanked everybody for their comments and invited the public to the Marathon and
Key West scheduled meetings.
s. Stafford expressed her appreciation for the public coming out and sharing their insights. Ms.
Stafford stated that she is a big supporter of protecting people's rights, but believes the line is
crossed when anything that is done damages or harms anybody else. Ms. Stafford encouraged
anybody to contact Rich Jones' office if they think of something they wish to add after leaving
the meeting.
Lieutenant Dipre also thanked everybody for participating in the meeting. Lieutenant Dipre will
approach command staff of FWC here in Monroe County and make sure they step up
enforcement in the Sunset Cove area if at all possible. Lieutenant Dipre believes a great program
can be put together that will make it safer for all boaters, help get rid of the derelict vessels, keep
the cruisers coming through the Keys, and keep the Keys as good as they are now and hopefully
even better in the future.
MPAC member Hunter echoed the thanks for the public's participation and is happy to hear the
focus of the program will be on boaters' responsibility and behavior.
Next Steps
Mr. Jones explained that he will be working with staff of Marathon and Key West, as well as the
MPAC, to start building the skeleton of an anchoring ordinance and consider the potential for
one or more mooring fields. Mr. Jones stated there will be many opportunities for public input
during the time an ordinance will be drafted to deliver to the BOCC and FWC.
Ad_i aurn
The Monroe County Stakeholder Workshop on the FWC Pilot Program was adjourned at 7:51
p.m.
9
kY#A,"Vj9,'Vet4T1-'
ON THE
FWC PILOT PROGRAM
Hosted by the County Marine & Port Advisory Committee (MPAC)
June 8, 2011
6 p.m.
Marathon Government Center, 2 d Floor
Marathon
Welcome
Pete Worthington, MPAC Chair, welcomed everybody to the meeting. Mr. Worthington
explained the meeting is the Monroe County Stakeholder Workshop for the Florida Fish &
Wildlife Conservation Commission (FWC) Pilot Program that will go before the Governor and
will be signed off by the Legislature in 2014.
Introductions
Panel members included MPAC Chair Pete Worthington, Monroe County Marine Resources
Senior Administrator Richard Jones, FWC Captain Tom Shipp, City of Marathon Ports Director
Richard Tanner, and City of Marathon Planning Director George Garrett. MPAC Board
Members Phil Goodman, Pam Martin, Kent Edwards, Paul Koisch, Pat Wells, Sandy Walters,
Bill Hunter and Mimi Stafford were also present.
FWC Pilot Program Overview
Captain Tom Shipp of the FWC presented an overview of the Pilot Program. Captain Shipp
stated that FWC has received legislative direction, in consultation with the Department of
Environmental Protection (DEP), to establish an anchoring and mooring Pilot Program to
regulate non-liveaboards outside of the mooring fields. Monroe County is one of five
municipalities chosen to participate in the program. The Pilot Program is set to expire July 1',
2014. Captain Shipp explained that the different sites were selected so as to provide a variety of
locations throughout the state. Captain Shipp displayed a slide listing the goals of the Pilot
Program and stated that the ordinances that will be developed will need to relate back to these
goals. The charges to the Commission are to select all the locations and participants prior to
July 1, 2011, provide consultation and technical assistance in developing ordinances, coordinate
the review of any proposed ordinance, and then the FWC will either approve or not approve the
ordinance drafted by the local government. At the end of this process, the FWC will report their
findings to the Governor and to the Legislature by January I" of 2014. Captain Shipp further
explained that the ordinances are going to apply to the vessels outside of the authorized mooring
fields in the five participant areas.
Presentation on SuryeyS
Richard Jones, Marine Resources Senior Administrator for Monroe County, presented a slide
presentation explaining the goals of the program and survey data acquired at the County level in
coordination with the City of Key West and the City of Marathon. The raw data that the County
collected through the surveys conducted inside and outside of the two mooring fields in the
County and Boca Chica Basin was presented. Richard Tanner explained where the City of
Marathon surveyed vessels outside of the mooring fields. Mr. Jones summarized the data for the
Boot Key Harbor mooring fields showing that transient vessels were the highest use inside the
mooring field and local liveaboard vessels were the highest use outside of the mooring field, with
a significant number of boats stored outside the mooring field. The raw data collected for the
Key West mooring field shows that the Key West mooring field is greatly underutilized and can
handle a lot more boats than are currently using it. The preferred area for mooring in this area is
on the west side of Fleming Key. The data collected outside the Key West mooring field shows
that transient vessels are the highest use inside the mooring field and liveaboard vessels are the
highest use outside the mooring field. The different anchorage areas around Key West were
pointed out on the slides. A distribution map of vessels in the Boca Chica area was presented.
The summary of the data collected in the Boca Chica Basin area shows that nearly half of the
vessels anchored there are liveaboard vessels with quite a few stored vessels, but very few
transient vessels.
Mr. Jones explained that derelict vessels are a major component of the Pilot Program. Last year
the County removed 103 derelict vessels at a cost to taxpayers of $273,000, 17 of which came
from Boca Chica Basin. The survey also showed that 90 to 95 percent of the vessels anchored in
the Boca Chica area were using some kind of unpermitted mooring to hold the vessels in place.
Slides of the different unpermitted moorings were shown. The evaluation of the mooring device
data indicated that they are causing damage to the sea floor throughout the Boca Chica area.
Moorings consisting of pipes or rods driven into the sea bottom caused the least benthic damage.
Mr. Jones spoke of the negative impact the vessels in the Boca Chica Basin are having on the
boat ramp at Key Haven. Anchorage areas in the Upper Keys were illustrated. The impact of
the liveaboard vessels in the Sunset Cove anchorage area was described.
Mr. Jones explained that the County will be coordinating with Marathon and Key West in
developing regulatory ordinances. The Boca Chica Basin is a focal point in the Pilot Program
because the Board of County Commissioners (BOCC) created a resolution in 2008 asking staff to
evaluate the area for the potential for a mooring field and sewage disposal facilities. Slides were
shown of some examples of problem vessels and derelict vessels in Monroe County, as well as
examples of floating structures and stored vessels.
Mr. Jones emphasized that whatever ordinance is created should be uniform and consistent
throughout the Keys and, most importantly, should not overburden the recreational boater. The
ordinances that are developed must be approved by the FWC and other state and federal agencies
before it is adopted by Monroe County in October 2012. Future opportunities for public
comments were described.
Mr. Jones invited members of the public to fill out comment cards during the upcoming break
and described the public input process.
A brief recess was held from 6:36 p.m. to 7:03 p.m.
pq
Public InRut
Charmaine Smith Ladd spoke representing the Salty Southeast Cruisers Net (SSECN). Ms.
Smith Ladd does not want to see anchoring ordinances that hurt cruisers. The Keys are
America's Caribbean that should be enjoyed by all. Ms. Smith Ladd feels that laws are already
in place to ensure that boaters are responsible. Ms. Smith Ladd is not against the Pilot Program,
but fears it may overreach into the anchoring rights of cruisers. Ms. Smith Ladd suggested the
possibility of imposing the requirement for boaters to carry liability insurance if they want to
anchor outside of a mooring field. Mr. Jones invited SSECN to provide any additional
suggestions they may have.
Harold Ochstein, owner of Island Dreamer Sailing School, stated that the easier it is for cruisers
to anchor and get ashore makes it better for the economy of the Keys. Mr. Ochstein cautioned
the panel not to restrict the allowance for stored boats, as that too generates revenue in the
community. Mr. Ochstein would like to see Boot Key Harbor be able to accommodate larger
boats than it currently does.
Bob Snodgrass spoke on behalf of himself and his wife, Mary Snodgrass, who are liveaboards.
Mr. Snodgrass feels the Pilot Program will be trying to force people to use the mooring fields.
Mr. Snodgrass spoke about the importance of having a mooring field that is easy to access, and
stated the underutilization of the Key West mooring field may be due to the fact that it is in the
wrong area. The lack of access to land in the Upper Keys was discussed. Mr. Snodgrass thinks
the fact that liveaboards are leaving their trash and waste at boat ramps indicates a need for more
facilities. Mr. Snodgrass suggested imposing a time limitation on people anchoring outside of a
mooring field.
Mary Belden questioned who in particular would be writing the ordinances. Captain Shipp
explained that each individual locale will be writing their ordinances with public input, which is
the purpose for the Stakeholder Workshops. Ms. Belden's concern is that the people involved in
the decision -making process on how the ordinance is written are not liveaboards.
David Malpas stated that he understands why the program is being implemented regarding
derelict vessels and damage to the environment, but feels that having to pay to moor in a
mooring field would double the cost of living for most individuals living on anchor. Mr. Malpas
believes the state is using the Pilot Program to generate revenue for the state and law
enforcement agencies that the local communities would not see. Mr. Malpas proposed
implementing an education and permitting process to allow boaters to anchor outside of the
mooring field.
Marti Brown, previously a local liveaboard, agreed that it is important that the Pilot Program not
jeopardize the revenue stream that cruisers bring in and not jeopardize affordable housing. Ms.
Brown asked the panel to consider a sliding scale when charging liveaboards who work in the
community to moor in a mooring field. Ms. Brown asked if the "super fund" funded by boat
registrations help pays for the removal of derelict vessels. Mr. Jones explained that the funds
used for the removal of derelict vessels come from the Boating Improvement Fund, which is
generated by recreational vessel registrations. Ms. Brown suggested charging boats from out of
state that stay in the Keys over 90 days a registration fee to go towards derelict vessel removal.
Q
s. Brown spoke of the amount of liveaboards who suffer from chronic illnesses that are not
well -controlled by medication. Ms. Brown feels this problem needs to be better understood in
order to be able to arrive at a solution, and feels that the image of living aboard a boat in the
Keys is overglorified, causing people to be ill -prepared when moving onto a boat.
Janae Coston, a member of the local cruising community, stated that the affordability of
Marathon is the reason she and her husband are still in Marathon. Ms. Coston believes that if
people are pushed onto mooring balls, a large percentage of cruisers in the area will leave. Ms.
Coston fails to see the need to add mooring balls when there are currently more than adequate
mooring balls to accommodate the year-round liveaboards. The request was made to use a large
portion of the money generated from the Pilot Program on cleaning up derelict vessels as well as
the nearshore water.
Written questions were submitted. The first question asked if there was a plan to prohibit
anchoring outside a 20-mile radius of a mooring field throughout the Keys. Mr. Jones answered
that the County was waiting for public input before creating any anchoring regulations. Mr.
Jones is unaware of a plan to prohibit anchoring within a particular distance of a mooring field.
Mr. Jones reminded the public that the County is working in partnership with the City of
Marathon and City of Key West to see what their issues are. Captain Shipp added that every
municipality participating in the Pilot Program is developing ordinances for what their particular
area needs. An example was given of another site's proposed ordinances. Mr. Tanner stressed
that he would not be in favor of changing the anchorage in Boot Key Harbor or forcing anybody
to go on a mooring ball. Mr. Worthington reminded the public that the purpose of tonight's
meeting was to take public input, not debate certain issues. Mr. Worthington also stated that the
marina and mooring field operation has not been a big revenue stream for the City of Marathon.
Next steps
Mr. Jones explained that after the Key West Stakeholder Workshop an ordinance will begin to be
drafted. County staff will be addressing the issues of unincorporated Monroe County and will be
looking to the City of Marathon and the City of Key West to explain the issues pertinent to their
cities and in what direction they wish to move forward.
Summary
Mr. Jones stated that staff and the MPAC is well -aware of the socioeconomic issues of
liveaboards. Although the Pilot Program encourages more mooring fields, that does not mean all
free anchoring is going to disappear. Mr. Jones asked Lieutenant Dipre to expand on the reasons
vessels become derelict.
Lieutenant Dipre stated one common factor that applies to derelict vessels throughout the state is
the socioeconomic factor. Drug and alcohol use also play a big part in derelict vessels. Amnesty
programs are being looked into as a way to help resolve the derelict vessel issue. Lieutenant
Dipre then described the process by which the FWC notifies the responsible parties. The FWC is
more interested in removing the derelict vessels than prosecuting the owners. Lieutenant Dipre
stated that he does not believe more mooring fields will resolve the derelict vessel problem.
Lieutenant Dipre also feels that increasing registration fees would be very difficult to achieve at
this time. The idea of investing in helping people bring their vessels into compliance as opposed
0
to investing in their removal is also being evaluated. Lieutenant Dipre thanked Rich Jones for
his hard work regarding derelict vessels.
Mimi Stafford asked the public to comment on whether there would be more vessels on
moorings if it were more affordable. Bill Ladd responded that living at anchor is first and
foremost a lifestyle choice, with an economic factor as well. Another member of the public
answered that economics are a large part of that decision, especially for people who are on a
pension, and then spoke of the difficulties of mooring in the Key West mooring field.
Charmaine Smith Ladd added that more reasonable short-term rates at mooring fields may help
draw people into the mooring fields. Another member of the public stated that the only way to
get rid of the derelict vessels is by finding a cheap way to dispose of them.
s. Stafford stated that she understands the desire for freedom of choosing where to either moor
or anchor, but also recognizes the need to protect the environment. Ms. Stafford expressed her
appreciation for the public's valuable input at the meeting.
Bill Hunter agreed that good ideas have been submitted at this meeting and also thanked the
public for sharing their ideas.
Sandy Walters described her liveaboard experience in Belize and contrasted that to living in a
denser population such as the Keys. Ms. Walters thanked the public for their insightful
comments.
Pat Wells thanked the public for their help in looking at how to resolve these issues.
Paul Koisch explained that all MPAC meetings are open to the public and also follow the
Sunshine Law. Minutes of these meetings will be provided to the BOCC for their review. Mr.
Koisch asked Harold Ochstein about his experience storing his vessel in Marathon. Mr. Koisch
pointed out that South Carolina has a law in place that prohibits stored vessels, and then invited
the public to attend the next MPAC meeting.
Kent Edwards thanked everybody for appearing at this meeting. Mr. Edwards feels that there is
more than just a mooring field issue at hand, such as wastewater pump -out, waste disposal, the
environmental damage done by illegal moorings, as well as the habitat damage. Mr. Edwards
also encouraged the public to participate in the MPAC meetings.
Pam Martin asked Rich Jones to speak of the County's Derelict Vessel Program. Mr. Jones
explained that if any owner of a registered vessel gets their vessel to the transfer station, the
County will pay the disposal fee for that vessel. Lieutenant Dipre emphasized that proof of
ownership is necessary to be able to participate in that program.
Phil Goodman stated that consideration must be given to the fact that we live in the middle of a
marine sanctuary with a barrier reef, which is one of the largest income generators in South
Florida, which we must protect.
M
A member of the public suggested that the state provide a salvage yard where derelict vessels can
be taken and dismantled and parts recycled. Lieutenant Dipre explained that process requires
licensing and is a huge liability for the municipality involved. There is no infrastructure for this
anywhere in the Keys.
One member of the public asked about notice of the MPAC meetings. Mr. Jones explained that
notice is advertised in The Citizen as well as on the Marine Resources' website. Mr.
Worthington suggested posting notice at the city marinas. A member of the public suggested
using e-mail blasts to advertise the meetings. Anybody interested in receiving e-mail blasts were
asked to leave their e-mail address on a sign -in sheet before leaving.
Another member of the public suggested the state reconsider their six-month limit on moorings.
George Garrett explained that it is a state policy, not statute, that tenancies be limited to six
months at mooring fields. The City of Marathon owns a portion of its mooring field, allowing
them to provide whatever tenancies they want. A member of the DEP had at one time offered to
allow 10 percent of the Marathon mooring field be converted to a long-term or permanent
tenancy, and Mr. Garrett feels this certainly can be pursued.
Ad
iouru
The Monroe County Stakeholder Workshop on the FWC Pilot Program was adjourned at 8:25
P.m.
E.
TMX=7
ON THE
FWC PILOT PROGRAM
Hosted by the County Marine & Port Advisory Committee (MPAC)
WEE=
Harvey Govenunent Center
Key West
Welcome
Pete Worthington, MPAC Chair, welcomed everybody to the meeting. Mr. Worthington
explained that this is a stakeholders' workshop for the Florida Fish & Wildlife Conservation
Commission (FWC} Pilot Program.
Introductions
Panel members included MPAC Chair Pete Worthington, David Hawthorne with the City of Key
West City Marina, Marina Manager for the City of Key West Mark Tate, FWC Captain Tom
Shipp, and Monroe County Marine Resources Senior Administrator Richard Jones. FWC
Lieutenant David Dipre was also present, as well as MPAC Board Members Kent Edwards,
Sandy Walters, Phil Goodman, Mimi Stafford, Bill Hunter, Paul Koisch and Pam Martin.
FWC Pilot Program Overview
Captain Tom Shipp of the FWC presented an overview of the Pilot Program. Captain Shipp
emphasized that this workshop is the public's opportunity to have their comments heard.
Captain Shipp stated that FWC has received legislative direction to, in consultation with the
Department of Environmental Protection (DEP), develop an anchoring and mooring Pilot
Program. A slide was presented that listed the goals of the program. The ordinances that are
going to come from the local participants must be focused at achieving these goals. Monroe
County is one of five participant sites chosen to participate in the program. The charges to the
Commission are to select all of the locations and participants prior to July 1, 2011, provide
consultation and technical assistance in developing ordinances, coordinate the review of any
proposed ordinance, and then the Commission will either approve or not approve the ordinance
drafted by the local government. By January 1, 2014 the FWC has to submit a report to the
Governor and the Legislature. Depending on what the Legislature does, the Pilot Program
sunsets July 1, 2014. The reasons the five particular sites were selected in different places was to
get a variety of locations, which should result in a variety of ordinances.
Presentation on surveys
Rich Jones, Marine Resources Senior Administrator for Monroe County, presented a slide
presentation explaining the goals of the program and survey data acquired. The action steps that
the FWC and the County and the other four local governments chosen in the state will be going
through was described. The raw data that the County collected through the surveys conducted
inside and outside of the two mooring fields in the County and Boca Chica Basin was presented.
Mr. Jones summarized the data for the Boot Key Harbor mooring field showing that transient
0
vessels were the highest use inside the mooring field and liveaboard vessels were the highest use
outside of the mooring field. The raw data collected in the Key West mooring field surveys was
presented. The Key West data was also summarized to be that transient vessels are the highest
use inside the mooring field and the liveaboard vessels are the highest use outside the mooring
field. The Boca Chica anchorage area was pointed out on the slides. The summary of the data
collected in the Boca Chica area showed that there is a high number of local liveaboards, a high
number of stored vessels, as well as a significant number of derelict vessels in the area, but very
few transient vessels.
Mr. Jones stated that last year Monroe County removed 103 derelict vessels at a cost to taxpayers
of $273,000, 17 of which came out of Boca Chica Basin. The determination that a vessel is
derelict has to be made by an enforcement officer, who will process that vessel legally, and then
have the County remove the vessel. 90 to 95 percent of the vessels surveyed in the Boca Chica
area were using some kind of unpermitted mooring to hold the vessel in place. Slides of the
different unpermitted moorings were shown. The evaluation of the mooring data indicated that
there is damage to the sea floor throughout the Boca Chica area. Some of the mooring structures
themselves could pose a hazard to navigation. Mr. Jones spoke of the impact the vessels in the
Boca Chica Basin are having on the boat ramp at Key Haven, which is maintained by DOT and
they don't have the means to deal with buckets of sewage being left next to the trash cans.
Anchorage areas in the Upper Keys were illustrated. The impact of the liveaboard vessels in the
Sunset Cove anchorage area was described. Mr. Jones explained that in addition to looking at
the potential for developing mooring fields, FWC and the state want Monroe County to develop
some kind of anchoring ordinance. The primary focus by the Board of County Commissioners
(BOCC) has been on the Boca Chica Basin area. Staff has identified that there are some
impediments to that. The Navy has indicated they will not allow the County to install moorings
on Navy property. Slides were shown of some examples of problem vessels and derelict vessels
in Monroe County, as well as examples of floating structures and stored vessels.
Mr. Jones said that it is very important that the ordinances be uniform and consistent from the
Upper Keys down through the Lower Keys. Mr. Jones emphasized that whatever ordinance is
created should not overburden the recreational boater. Creating an ordinance that does not
impact the responsible boaters, but tries to prevent abandoned and derelict vessels and provides
sewage pump -out services to everybody is the ultimate goal of the County. Future opportunities
for public comments were described. Mr. Jones explained that MPAC meetings are advertised in
the newspaper, as well as on the County website, but that notice can be posted at the marinas
also.
The Derelict Vessel Program was described. If a registered owner of a vessel can get their vessel
to one of the three transfer stations, the County will pay the disposal fee. What the Marine
Resources website includes was discussed. Mr. Jones encouraged members of the public to
provide input at the MPAC meetings.
Mr. Jones clarified for a member of the public that currently local governments in the state of
Florida do have the authority to regulate the anchoring activities of liveaboard vessels and stored
vessels, but do not have the authority to regulate non-liveaboard vessels. This Pilot Program will
give the authority, if an ordinance is developed that is approved by FWC and adopted by the
County Commission, to regulate all vessels.
Mr. Jones invited members of the public to fill out comment cards during the upcoming break
and described the public input process.
A recess was held from 7:06 p.m. to 7:35 p.m.
Public Input
Karen DeMaria, environmental consultant with Terramar Environmental Services, was hired by
the owner of Wisteria Island, FEB Corporation, to do a vessel mooring study at Wisteria Island.
The objective of the study was to gather accurate information on vessel utilization of submerged
lands owned by FEB and the adjacent state lands. The study area was described. Definitions of
different types of vessels were recited. How the study was performed was explained. The
results of the study showed that liveaboard and stored vessels were the major vessel uses in the
survey area. Transient vessels were a very low percentage. Derelict vessels were common at the
beginning of the survey, March 2010, but were largely gone by June 2010 and remained
uncommon through the remainder of the survey, which was concluded February 2011. This data
suggests that, without active management, derelict vessels accumulate over time.
William Barry was also present on behalf of FEB Corporation. Mr. Barry explained that the data
from Terramar's study was blended with data from the City of Key West's pump -out boat to
produce results to show that two out of 65 vessels in the area pumped out. Mr. Barry recognized
that the owners of the vessels in the area were not questioned as to whether they were treating
their effluent without need of the pump -out boat.
Ed Gully, a liveaboard in Garrison Bight, stated that he also has a stored vessel by Fleming Key.
Mr. Gully commented that the United States has had mooring and anchoring rules since the
1700s, and feels that the state is using the Pilot Program for revenue -generating purposes. Mr.
Gully questioned who will pay for the moorings and their upkeep, and further questioned why
the City of Key West's pump -out boat charges $10 to pump out when the Federal Government
provides money to fund the pump -out vessels and the cost is supposed to be $5, according to
Boat U.S.
Andrea Quigley, resident of Key West, asked for clarification on the definition of a transient
vessel. Captain Shipp answered that there is not a definition, but that common terminology was
used as a way of breaking down the count of different categories of vessels. A member of the
public asked for the legal definition of transient vessel to be used, and Captain Shipp answered
there is not a legal definition for transient vessel in Florida Statutes.
Lee Starling, local commercial fisherman, gave a brief history of Fleming Key. The Navy has
already installed a mooring system there that has been ignored. Mr. Starling stated it is the goal
of the vessel owners at Fleming Key to be compliant, and stated that the biggest problem in the
area is the mud drifting in on the incoming tide that is smothering the existing benthic bottom
that is there. Mr. Starling noted that the City of Key West mooring field is an inferior product
and is inconvenient. Mr. Starling feels that Mr. Barry's presentation was colored and unfair by
0
comparing Wisteria Island to Fleming Key, and called Fleming Key the suburbs where the local
working class lives. Residents at the city mooring field do not get to vote in the city election,
and Mr. Starling pointed out that they have no representation, but that these residents are county
voters. Mr. Starling stated that if people are forced to move to a mooring field which they feel is
unsafe, they will move outside the boundary line.
Bud Meaker pointed out that less than 1 percent of the vessels registered in the County are
derelict and he doesn't think that an ordinance should be created that is going to impact the vast
majority of responsible boaters just to correct a problem with a small few.
Naja Girard stated that she thinks the FWC At Risk Program should be focused on as a way to
address the problem of derelict vessels and not threaten people with destruction of their vessels
and jail time. Ms. Girard hopes some kind of system is in place to give people an opportunity to
be heard prior to any of their vessels being destroyed. Ms. Girard feels that the data showing the
number of liveaboards at Wisteria Island was a little inflated. If less vessels were destroyed,
there might be more money available to give people free pump -out. Ms. Girard questioned why
the definition of liveaboard requires the vessel be navigable. Ms. Girard hopes stored vessels are
not outlawed, because it is very difficult to fund affordable dockage for smaller vessels. Ms.
Girard likes the idea of mooring fields, but thinks it is important that they be made to be
attractive to the public.
Michael Chitas, a local liveaboard, stated that he left the St. Petersburg area where there were a
lot of community members who didn't like having liveaboards in their line of sight. Mr. Chitas
said the local liveaboards try to be good citizens, but that it is difficult to abide by all the rules.
Mr. Chitas feels that the mooring fields are not being used because people either don't have the
money or don't want to pay the money required to moor in a mooring field. Mr. Chitas hopes
that the laws that are being promulgated do not regulate boats that are anchored out into
extinction, and feels everybody has a right to be on the water.
Ron Love, a local liveaboard, asked that when considering these regulations consideration be
given to the fact that each of the anchorage areas in the County is a unique area, and also asked
that the proposed regulations be posted in advance so the public has a chance to offer feedback
on them. Mr. Love does not think using an arbitrary distance from a mooring field is a good way
to write a regulation.
Ron Newton, a local liveaboard, spoke of the difficulties of mooring at the Key West mooring
field. Mr. Newton thinks the Pilot Program appears to be top -down class warfare on some of the
most vulnerable members of society.
Neal Bron asked what qualifications the surveyors who were doing these inspections had. Mr.
Bron thinks any proposed ordinance should be put to a local vote. Mr. Bron also spoke of the
inadequacies of the Key West mooring field.
Lee Starling again approached the dais to speak of the reasons that the present Key West
mooring field was put where it is, and said it was for cost-effective reasons. Mr. Starling told
El
r. Worthington that he is the only commercial fishing boat in the Fleming Key area, and that he
stores his vessel there because he cannot afford to keep his boat at a dock.
Summary
Pam Martin expressed her appreciation to the public for coming out and speaking to the panel.
Paul Koisch contended that the Pilot Program is not there to force anything on the boating
community, but to protect boaters from local draconian rules by allowing specific localities to
come up with ordinances they think are proper. Mr. Koisch also appreciated the public input,
and then pointed out that derelict vessels are a small percentage of vessels on the water, but that
a quarter of a million dollars is being spent to clean them up, which is an obscene waste of boater
funds.
Bill Hunter thanked the public for sharing their viewpoints. Mr. Hunter stated that the objective
is to correct the behaviors of irresponsible boaters that cause responsible boaters problems.
Mimi Stafford also thanked everybody for their participation. Ms. Stafford agreed with Mr.
Koisch that nothing is being forced on the boating community, but that this is an opportunity to
work collaboratively and find solutions to the problems while protecting the environment and
protecting people's boating rights. Ms. Stafford encouraged members of the public to participate
in the MPAC meetings.
Phil Goodman thanked everyone for their comments. Mr. Goodman reminded everyone that
Monroe County has one of the few offshore barrier reefs in the world, which is one of the largest
economic generators for all of South Florida, and we all should want to protect it.
Sandy Walters stated that she was very impressed with how eloquent and informative the public
is on the issues at hand. Ms. Walters then compared her liveaboard experience in Belize to that
here in the States. Ms. Walters agrees that the problems are caused by the minority of boaters in
the Keys, but that the problems are what become visible and expensive, and feels with the
public's participation those issues can be addressed.
Kent Edwards emphasized that FWC insisted on having statewide input into these ordinances.
r. Edwards stated that mooring fields are just one part of what is being contemplated, and
encouraged the public to think about issues other than mooring fields, such as protection of the
marine environment and natural resources. Mr. Edwards then thanked the public for their
comments.
Lieutenant Dipre addressed the derelict vessel issue. Lieutenant Dipre agreed that derelict
vessels are a small percentage of vessels on the water, but they are a great expense to taxpayers
and are a problem for everybody. Lieutenant Dipre stated that the derelict vessels being dealt
with now are not the result of hurricanes, but are a result of owners who do not have the money
to maintain their vessels. Lieutenant Dipre explained the process of removing derelict vessels.
A member of the public accused FWC of removing vessels by force against the owner's will.
Lieutenant Dipre completely disagreed. The three choices an owner of a derelict vessel has are:
One, move it to private waters; two, bring it into compliance while it is on the public waters of
A
the state in a reasonable amount of time; or, three, get it out of the waters of the state. A member
of the public stated that another choice is to educate oneself on the laws and proceed in a court of
law. The process of removing derelict vessels was again described by Lieutenant Dipre.
Mr. Tate thanked the public for their participation. Mr. Tate commented that the Key West
mooring field is there for people's convenience if they want it, but in no way is the city trying to
force people into the mooring field. Mr. Tate believes the more important issues being dealt with
here are derelict vessels and water quality.
Captain Shipp responded to Mr. Bron's comments, indicating that the ordinances will be passed
at the local level, but beforehand they will be reviewed by FWC, who will approve it or not
approve it.
Next Steps
Mr. Jones appreciated everybody coming out and explaining things. Mr. Jones mentioned that
Monroe County is looking into expanding its pump -out program. Mr. Jones agreed that if
something is developed, it needs to be the right regulation for a specific area. Mr. Jones asked
anybody who has any suggestions on what would be a more appropriate area for a mooring field
in the Key West area to contact him. Mr. Jones also agreed that the west side of Fleming Key
and the east side of Fleming Key are two isolated anchorage areas and should be treated as such.
Mr. Jones encouraged everybody in the next few weeks or months to share any ideas they have
of things they would like to see in the ordinances.
Mr. Worthington added that ordinance proposals will be drafted for the County Commission to
approve at a local level. Mr. Worthington spoke of the future opportunities for further public
input.
A member of the public approached the dais and recited Article 4, Clause 2 and Article b, Clause
2 of the United States Constitution.
A °Darn
The Monroe County Stakeholder Workshop on the FWC Pilot Program was adjourned at 8:55
p.m.
11
Frl-"7 N
IOUNTY ' • KEY WM sn�OAICIA
it
3
(305)2944641
Monroe County
Board of County Commissioners
Office of the County Administrator
The Historic Gato Cigar Factory
1100 Simonton Street, Suite 205
Key West, FL 33040
(305) 2924441- Phone
(305) 292-4544 -1=ax
Florida Fish & Wildlife Conservation Commission
620 South Meridian Street
Tallahassm, Florida 32399
very important i • 'J.
BOARD Of tAUNTY CM11411590141RS
Mayor George Neugerik Dft ict 2
Mayor Pro Tern SyMa I Murphy, District 5
Kim VAgington, District 1
Heather Carruthers, District 3
Mario DI Gennarc, District 4
I believe that by participating in the FWC Pilot Project Monroe County, in partnership with the City of
Key West and the City of Marathon, will be able to assist the cities in promoting the use of their
respective mooring fields, promote public access to the waters of the state, enhance navigational safety,
protect maritime infrastrwure, and deter improperly stored, abandoned, and derelict boats. This project
may also help Monroe County with the fitture development and management of mooring fields and
anchoring areas.
The Marine Resources Office has coordinated with the City of Marathon and the City Key West and
intends on partnering with those municipalities in our involvement in the FWC Pilot Project. There is
considerable support from the Ports Departments of the two cities indicating their interest and willingness
to participate. Monroe County will assume the lead in the project and asks that communications be
directed to the Richard Jones, Senior Administrator, Monroe County Marine Resources Office at 2798
Overseas Highway, Suite 420, Marathon, and FL. 33050.
We look forward to working with you on the Pilot Project and are prepared to begin coordinating efforts
on the required monthly surveys with FWC, the City of Key West and the City of Marathon.
Sincerely,
romanastesi Jr.
Monroe County Administrator
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