Loading...
Item T4 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, September 20, 2000, at 3:00 PM at the Marathon Government Center, 2798 Overseas Highway, Marathon, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County ordinance: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ABOLISHING THE DEPARTMENT OF MARINE RESOURCES AND TRANSFERRING THE DEPARTMENT'S PLANNING DUTIES TO THE PLANNING DEPARTMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to appeal any decision made by the Board with respect to any matter considered at such hearings or meetings, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Copies of the above-referenced ordinance are available for review at the various public libraries in Monroe County, Florida. Dated at Key West, Florida, this 23rd day of August, 2000. (SEAL) DANNY L. KOLHAGE, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida Publication dates: Reporter 8/31-9/7/00 Key West Citizen 9/1-8/00 Keynoter 9/2-9/00 J.. rLl- Board of County Commissioners ORDINANCE -2000 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ABOLISHING THE DEPARTMENT OF MARINE RESOURCES AND TRANSFERRING THE DEPARTMENT'S PLANNING DUTIES TO THE PLANNING DEPARTMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The Department of Marine Resources is hereby abolished. The planning duties of the Department of Marine Resources are hereby transferred to the Planning Department. Section 2. If any section, subsection, sentence, clause or provision of this Ordinance is held invalid, the remainder of this Ordinance shall not be affected by such invalidity. Section 3. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section 4. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 5. This Ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this Ordinance has been filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 20th day of September, 2000. Mayor Shirley Freeman Mayor Pro Tem George Neugent Commissioner Wilhelmina Harvey Commissioner Mary Kay Reich Commissioner Nora Williams (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairperson jdordmarine · :, -J". · .u .' ...; I . ~ 3420 Northside Drive ~~ KE'rUWEST ITIZEN Key West FI. 33040 Office 305-294-6641 Fax 305-294-0768 Published Daily Key West, Monroe County, Florida 33040 STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared Randy Go Erickson, who on oath says that he is director of the Advertising Department of the Key West Citizen, a daily newspaper published in Key West, in Monroe County, Florida; that the attached copy of advertisement, being a legal notice ill the matter of . ~I'~~~~ -~ ~i1l)~~-~ In the Court, was published in said newspaper in the issues of ~ I oJ-~J 2Doo . .. Affiant further says that the Key West Citizen is a newspaper published in Key West, in said Monroe County, Florida and that the said newspaper has heretofore been continuously published in said Monroe County, Florida each day (except Saturdays) and has been entered as second-class mail matter at the post office in Key West, in said Monroe County, Florida, for a period of 1 year next preceeding the fIrst publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or 'COrporation any discount, rebate, commission or refund for the purpose of securing this advertisement fur PUblicati~~ Signature of Affiant day of ~ '~ ,2000 Sworn and subscribed before me this 2D C? W ~J . "'::;:; ..J ,N < .1.... ::::. - >= x: --1 (.,) l- e... a '_ ::r.:::a:::....... - ::;) ,..... '(.,)0 _ __J. (.,) =- ~-:x:w ijipir~~23.2004 ;:;: I8soaaUy own ~ Produced IdentifIcation _ Type ofI~tifIcation Produced o 0:: o U W 0::: a:: o It- C! u...i -' ture of Notary Public ~,,\\\""I""'111. ~"... \()~ lhom<1s ~/I".... ~ ~ ........... ~ ~~. SSIPN~. ~. ~ 3t~~ .,.. ~ ~ :~ ')~ S" ~~\.. ~ ::: : ~ u) ~ * :::. ~*: ..... : ~ ~ -z. ~ #CC956515 : Cfl ~,"o.. __- g::-,::- ~ ~.. 4>nded\\\0.,., .. (j ~ ~ ~J.- ..~YFain-I11S\J~;..<~,,":.f' ~ ,..0& ........ G a-.;: ,", ""III. 'Slio, 51/>,1'- ":\\~'-' 111//"" 111\\\'" /- 11 NOTICE OF 1rI'INI1ON. :to CONIIOIIR ,A~ OF COUNTY O~HCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, September 20, 2000 at 3:00 PM, at the Marathon Govern- ment Center, 2798 OVerseas High- way, Marathon, Monroe County, Florida, the Board of County Com~ misSioners of ~Qnroe County, Flori- da, intends to <lonsider the adoption of t~e following Oounty ordinance: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE ,COUNTY, FLORIDA, ABOLISHING THE DEPARTMENT OF MARINE RESOURCES AND' TRANSF~RRING THE DEPART- MENrSPLANNING DUTIES TO THE PLANNING DEPARTMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF AU ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR IN" CORPORATION INTO THE MON- ROE COUNTY CODE; AND PRO- VIDING AN EFFECTIVE DATE Pursuantto Section 286.0105; Flori- da Statutes; notice is given that if a person decid~d to appeal any deci- sion made b}f the Board' with respect to any mat* considered at such hearings or jneetings. he will need a record of the proceedings, and that, for sUch purpose, he may need to ensure ;that a verbatim record of the proce9cungs is made, which re- cord includes the' evidence upon which the appeal is to be ba~ed. . Copies of the above-referenced or- dinance are available for review at the various public libraries, in Mon- roe Cougty. Floridao Dated aJ Key West, Florida, 1his 23rd dayiaf August, 2000. DANNY L. KOLHAGE, Clerk of the Circuit Gouftand ex-officio Clerk of the~'ofCounty~ ,,' lot MpnrcMfCountv, FIortctL ~1"._,2000 MARATHON GUIDES ASSOCIATION P.O. Box 500065 · Marathon. Rorida 33050-0065 TO MONROE COUNTY COMMISSIONERS: THE MARATHON GUIDES ASSOCIATION ASKS YOU THE COMMISSIONERS NOT TO ELIMINATE THE DEPARTMENT OF MARINE RESOURCES. MARATHON GUIDES ASSOCIATION KNOWS FIRST HAND AS FISHING AND DIVE BOAT CAPTAINS THAT THE ECONOMY OF OUR AREA OF THE KEYS DEPENDS ON THE MARINE RESOURCES OF MONROE COUNTYo WE HAVE STATED OVER AND OVER THOSE TOURISTS AND VISITORS ALIKE VISIT THE KEYS AREA FOR OUR UNIQUE AND WONDERFUL FISHING AND DIVING AND COMMERCIAL FISHING THAT OUR AREA HOLDSo YES, SOME MAY COME DOWN TO SWIM OR LIE IN THE SUN ATONE OF OUR BEACHES OR TO TAKE IN SOME OF OUR LIMITED CULTURE EVENTS. WE STATE THE NEED OF OUR MARINE RESOURCES DEPARTMENT TO WORK WITH THE STATE AND FEDERAL AGENCIES SET UP TO PROTECT THE ENVIRONMENT. THE MARINE RESOURCES DEPARTMENT HAS A LEADING ROLE IN THE REMOVAL OF DERELICT VESSELS IN COUNTY WATERS ALSO THE CHANNEL MARKING PROGRAM THAT THEY ARE WORKING ON AND AS FISHING GUIDES WE SEE THE NEED FOR THIS PROJECT. WE ALSO ASK WHAT MESSAGE WILL WE SEND TO THE CONGRESS AND SENATE OF THE UNITED STATES OF AMERICA WHO IS CONSIDERING OUR WASTE WATER ISSUE AND THE EVERGLADES THAT WE HAVE ASKED FOR HELP WITH. THE MARATHON GUIDES ASSOCIATION ASKS YOU THE COUNTY COMMISSIONERS TO TAKE A LEADING ROLE TOWARDS A RENEWED EFFORT TO KEEP MONROE COUNTY THE AREA OF WONDER THAT IT IS AND CAN BE IN THE FUTURE WITH THE VISION AND FORESIGHT OF OUR DEPARTMENT OF MARINE RESOURCES. WE ASK YOU TO PLEASE KEEP OUR DEPARTMENT OF MARINE RESOURCES OF MONROE COUNTY THE LEAD AGENCY IN THE ROLE OF PROTECTING OUR COUNTY'S MARINE RESOURCES AND WATERS. ~~ ~CHARD GRATHWOHL CONSERVATION CHAIRMAN MARATHON GUIDES ASSOCIATION T~ CONSERVATION AND SPORTSMANSHIP Monroe County Marine Resources 1. What is the number of aids to navigation the county owns? 2. How many have been given to private parties? 3. What is the status of "downed markers" from hurricanes and other storms, since the county plans beginning? :~ 4. Costs of installing the downed markers? 5. Since the beginning of the county plan of 750 markers, what is the plan reflect now as the number of aids desired? 6. What has been the overall costs, to the taxpayers, for this county plan? 7. Does the county plan to install and maintain any markers/ buoys for the FKNM Sanctuary? 8. Will the county taxpayer have liability for the FKNMS aids? 9. If @22,000 boats are registered in the Keys, assuming they are "taxpayers", has this been a consideration in placing @84,000 "taxpayers" to be liable for the "enjoyment" of @ 25% residents? Meaning for the "few" not the majority? 10. Would this practice attract more boating "tourists" to the waters of the Keys? WAJ9800 T4- September 19,2000 To: From: Re: 1. 2. 3. 4. Commissioner George Neugent Richard Jones, Marine Resources Planner Questions concerning the County Aids to Navigation System What is the number of aids to navigation the County owns? The County owns 238 markers as of today. How many have been given to private parties? We have transferred markers to other government agencies where the markers are within their jurisdictional boundaries: John Pennekamp- 6 Lignumvitae Park- 18 City of Lay ton- 3 City of Key Colony Beach- 9 We also have transferred 7 markers to the Tamarac Park Property Owners Association at their request. Those markers were installed years ago with an agreement that the POA would do all maintenance on the markers. The POA earlier this year requested to take over the markers so that they may make changes and additions to that marked channel. What is the status of downed markers from hurricanes and other storms? All damage from the Ground Hog Day stonn and Hurricane Georges have long been corrected. There are only 3 markers down from Hurricane Irene in County waters that are yet to be repaired. Those piles should be replaced within the next month. (Hurricane repairs take longer than any others, unfortunately, due to policies and procedures involving FEMA and going through the BOCC for approvals. I am currently working on streamlining this process.) What are the costs of installing downed markers? Generally in the neighborhood of $1300-1500 for piling, signs, and hardware. 5. Since the beginning of the County plan of 750 markers, what does the plan reflect now as the number of aids desired? The number 750 was never used. We never planned to put in that many markers. The Propeller Club has always been confused on this point. In the master plan I stated that around 500 markers were recommended (so they incorrectly added 500 to our existing 250). However, less than half of those markers recommended are within County channels. The remaining recommended markers are for the USCG to choose to install.in their channels at their discretion. Currently, we are looking at approximately 180 markers to be installed by the County. 6. What has been the overall costs, to the taxpayers, for the County plan? A grant paid for:the costs of the Channel Marking Master Plan to be produced. Boating Improvement Funds pays for all our channel markers. A grant paid for our boat. There is no significant costs of.any kind to County tax payers (from ad valorem taxes) for the County Aids to Navigation System. 7. Does the County plan to install and maintain any markers for the Sanctuary? No. About fifteen years ago the County installed markers on the reef line off of Key Largo for the Sanctuary. We arc in the process of handing those markers back over to the Sanctuary. 8. Will the County taxpayer have liability for the FKNMS aids? This is a moot point, as the County will no longer have any FKNMS aids. 9. If 22,000 boats are registered in the Keys, has this been a consideration in placing 84,0000 taxpayers to be liable for the enjoyment of 25% of the residents? It is important to remember that more than just the 22,000 registered Keys boaters benefit from the County's Aids to Navigation System. All boaters, including tourists, reap the benefits of channel markers, and most citizens reap the benefits of tourism. However, if there is a law suit all the County citizens will pay for the settlement. You should contact the County Attorneys Office regarding how this will work. It is my understanding that there is a limit on any lawsuit in Monroe County. Also, please realize that almost every County in Florida provides channel markers to it's citizens. That service is more important in the Keys than anywhere else in the state, considering the nature of the bottom here and the need to provide aids to navigation. This is no different than all the taxpayers paying for street signs, even though not all citizens drive cars. 10. Would this practice attract more boating tourists to the waters of the Keys? Tourists and all non-locals rely heavily on the Aids to Navigation System throughout the waters of the Keys. If not for the County, there would be numerous unmarked channels in the Keys where the USCG does not have an objective to mark. Increasing numbers of boaters have made it imperative to expand channel marking in the Keys to take a more comprehensive approach by improving navigational safety and protecting the adjacent shallow water resources. This is the reason why the Sanctuary created the channel marking action plan and the Department of Marine Resources has taken the lead role in that objective. This project to create the Channel Marking Master Plan was approved by the BOCC in the early 1990's and was fully supported by the public. County of Monroe DeDartment of Marine Resources 2798 Overseas Highway. Suite 420 Marathon. Florida 33050 Phone: (305) 289-2805 FAX: (305) 289-2536 Board of County Commissioners Mayor Shirley Freernltn. Dist. 3 Mayor Pro Tern George Neugent. Dist, 2 Wilhelmina Harvey, Dist. I Commissioner Nora Williams. Dist. 4 Commissioner Mary Kay Reich, Dist. 5 August 22, 2000 :. Propeller Club of the United States Port of Key West # 154 P.O. Box 6603 Key West, FL 33040 Dear Capt. Gittleman and Capt. Rowley:'''- Thank you for your 17 July 2000 inquiry regarding Monroe County's role in channel marking in the Florida Keys. It is important that concerned citizens understand the projects the Department of Marine Resources is involved with, and what services we provide to the boating community. The County has maintained Aids to Navigation (A TONS) for over fifteen years in the nearshore waters of the Keys. In the past this service has been directed by Extension Services as well as Community Services. In the early 1990's citizens of the County recognized the need to use channel marking as a management tool to help minimize propeller scarring in seagrass beds. This concern was included in the Sanctuary Management Plan, and was designated as the 'Channel/Reef Marking Action Plan'. This plan assigned the research and implementation of the project to the Monroe County Department of Marine Resources (DMR). In 1996 the BOCC had the DMR move ahead with the development of a channel marking master plan. In 1997 intensive field surveys were conducted by DMR staff and recommendations were made for channel marking, as outlined in the 'Channel Marking Master Plan for the Florida Keys'. Many of the 348 markers recommended for installation fall within federally or privately maintained channels. Recommendations were given to the USCG, who will use the information to upgrade their systems as they see fit (the USCG has been involved throughout the master plan process and have stated that they will reference the master plan when they conduct their Waterway Analysis and Management Study for improvements in federal channels). The County plays an increasingly important role in maintaining marked channels throughout the Keys. The USCG has historically been tasked with routing commercial traffic throughout the coastal waters of the United States. In the Keys the USCG maintains all A TONS for the Intracoastal Waterway, Hawk Channel, and the reef line. In addition, the USCG also maintains the primary crossing channels (Channel 5, Snake Creek, and Moser Channel). Private individuals, such as marina or condo owners, maintain private ATONS to help boaters into their businesses or developments. The County fills in the gaps by marking channels which are heavily used by recreational boaters, but do not fall within the objectives of the USCG. This system of federal, county, and private markers is utilized throughout the state. In fact, several counties i'n Florida maintain more than 400 ATONS. The USCG relies heavily on the counties doing their part to help provide navigational aids for the general recreational public. All entities, whether county or public, must go through the same pennitting process as the USCG. The Florida Fish and Wildlife Conservation Commission (FWC) ensures that all pennitted markers meet the requirements of the Florida Unifonn Waterway Marking System. Now that the County DMR has qualified penn anent staff to oversee the implementation of ATONS in the Keys, the County ATONS system has become a comprehensive system- from design to installation. We now have channel markers that are built with the highest quality materials which prolong the life of the marker and are designed to better withstand stonn events. Our A TONS system, along with a variety of other marine resource data, is part of our Geographic Information System (GIS) which allows us to provide spatially related database infonnation to other government agencies. The FWC is considering using the County's newly designed markers as the standard for the private A TONS throughout Florida. .:-- In regard to your concerns of liability, the County Attorneys Office has on several occasions stated that the County is aware of, and accepts the liability for, the County marking system. In regard to funding, installations and repairs are funded from Boating Improvement Funds, as well as a variety of grants. If you have any further questions please do not hesitate to call. Sincere,Jy, J "'~/ ./--- Richard Jones Marine Resources Planner cc: Mr. James Roberts, Monroe County Administrator Mr. Timothy McGarry, Monroe County Growth Management Director Mr. Joseph Embres, USCG Warren Johnson, Propeller CI ub 'NUl I t:'ll JUI II I~UI I P.O. Oox 2J22 l<.ey West Florido J.:3C.:15 (,JQ5) 296-765J - IO~ P Yl.' (.'(' . 6. q'i Yk'C- . INFORMATION ON AIDS TO NAVIGATION FROM KEY LARGO TO DRY TORTUGAS 20 APRIL 1999 The United states Coast Guard / Group Key West / Harathon / Islamorada. .. The USCG are tasked to maintain the following in this area: 280 day beacons f!"<_-..-..... 126 lighted beacons (night blinkers) 61 buoys 5 major reef lights (racon beacons installed) Monroe County Taxpayers (same area): 240 day beacons *86* day beacons down since George(s)* 200 day beacons to be installed according to HC master which will total 440 day beacons (down original 750 daybeacons proposed). plan from ." I Note* It is the USCG that determines where and when markers* .of any kind are needed through a Wate~r Hanagement An;llysis System (WAMS). Costs of maintaining and upkeep ~f markers is available from Group Key West. The liability to all taxpayers (County) is NOT limited to just lOOK (per marker) limitations (maritime) but on a case by case on placement and neglect (care) of markers parties own (p=ivate/public)~ Most counties,cities and/or private agencies getting approval to place/own markers, relatively speaking OWN a handful of markers appro'/ed by USCG (mandatory). The "master plan" from MC marine resources division requests ~ore day beacons (lighted and not lightec) than the USCG has in the area. \Jounty ot Departmenc or Marine Resources 2798 Overseas Highway, Suite 420 Marathon, Florida 33050 Phone: (305) 289-2805 FAX: (305) 289-2536 IVlonroe Boud or County Commissioners Mayor Wilhelmina Harvey. Disl. I Mayor Pro Tern Shirley Freeman. Disc. 3 Commissioner George Neugent, Dist. 2 Commissioner Nora Williams. Dist. 4 Commissioner Mary ~ay Reich. Disr. 5 \ March 26, 1999 To: Marine and Port Advisory Committee From: Richard Jones~ Channel Marking Planner Re; Channel marking and regulatory ~k.ing projects Recently it has become apparent that past and future channel marking/regulatory marking projects need to be looked at on a comprehensive scale, rather than piece meal projects, in respect to the significance of the projects as far as County responsibilities and objectives are concerned. 1 have had numerous inquiries in the last six months from residents and/or property owners associations in locations where the County has installed either channel markers, regulatory markers, or both. Typically the citizens feel that the channels leading into their development or the perimeter canal need additional markers. Relying on the knowledge I have acquired from my numerous surveys throughout the Keys, I have observed that there are hundreds of residential areas that have dredged approach channels leading into them, sometimes with a dredged perimeter canal surrounding the area. These channels and canals were dredged decades ago by developers. These channels are neither owned nor maintained by the County. Historically. the residents in these areas would often mark the entrances or boundaries with unpennitted markers. typically PVC. In the last ten years some residents, resort owners, marina owners. etc., have approached the COWlty to ask if the CO\Ulty could please help them by installing and maintaining markers at the County's expense. Most recently these types of projects have gone through the MP AC- some have been approved~ others have not. Currently the County has markers of this type at Duck Key, Hammer Point, Layton Channel, Ninety-Seventh Street Channel, Ramrod Key Channel, Summerland Key Channel, Tarnarac Park Channel, Upper Matecwnbe West Channel, and Windley Key Channel. What I want to point out is that there are many more subdivisions/associations that could or would approach the County asking for assistance if they knew we do this sort of thing. Currently it costs the County tens of thousands of dollars to install and maintain these markers. If we were lo implement markers at all the sites in the Keys that could use them it would cost in the millions of dollars. However. the problem that we are having at this time is more markers are being requested in some of th~J?rivate channels that we have currently marked. In fact, some people have actually requested that the County dredge their approach channels further out to deeper water! The perception appears to be that it is the County's responsibility to properly mark private channels (what started out as a favor by the Department of Marine Resources is now considered by some as a responsibility and that we owe it to them). In some cases, the person/s requesting the markers use the environment (seagrass beds, etc.) as their purpose for request, when really (upon funher investigation by our department) the motive appears to be self serving- as in the case of a resort owner having the County establish a marked channel leading into the resort. I have already discussed with the MP AC members my push for relinquishing ownership of some of the County marked areas to more appropriate entities. I have been fairly successful at this so far, for example: Bonefish Bay. Port Largo, Reef line markers off Key Largo, Ohio Key Channel, and a few others. However, after the County has installed markers leading into a private area it is often difficult to convince the homeowner's association (or other appropriate entity) that we would like to hand the markers over to them. ':.10. Now that we have a comprehensive channel marking plan for the County we have described the objectives for marking, the criteria, and we have indicated those areas that meet those criteria. Basically we want to try to mark areas that: 1) need markers to help minimize propeller damage~ 2) need modifications to existing marker chains to improve navigation, and; 3) most importantly, those areas that serve all the boating publ~~ (not just homeowners or businesses in a subdivision). This if very important to acknowledge thai-Boating Improvement Funds are used for the populace, and not a select group of individuals. In many areas of the Keys residents have installed their own permitted markers. It is not fair to those people that install their own markers, or people in other areas that have no markers that the County continues to provide markers that only serve small subdivisions. Now that W': have a comprehensive marking plan and staff to implement the plan and oversee these projects we must ensure that funding and marker installations arc used appropriately. We only have so much funding, and it is critical that we use the funds in the most cost effective manor which best serves the public. The Department of Marine Resources feels it is not a responsibility of the County or any other agency to mark private channels and canal systems any longer. The MP AC needs to acknowledge and address this concern. Only by making some decisions and policies regarding this matter will I be able, with authority, to tell people (in certain situations) that the County is not responsible for marking or adding markers to their private channels. We want to be able to use funding to implement marking systems that benefit all the citizens of the County, tourists. and cruising boaters alike. This means marking nearshore areas, through channels, and improvil!g existing systems, and harbors that are used by everyone. Please take the time to think this matter over. This issue will be added to the April MP AC meeting agenda. r will be available to discuss the matter. 70 my /1..eco.f...f..ecLi..on , the ti4./.d time I -1poke to the county on "ma/1..ke/1..-1", the county p.f..anned pn 750 ma/1..ke/1..-1!! I add/1..e-1-1ed thi-1 at a flPAC meeting in eithe/1.. ,)p/1..ing 01. 1997 0/1.. 1998. I a-1ked 1.0/1.. a copy 01. the minute-1 01. that meet.ing, and neve/1.. /1..eceived them. I am -1U/1..e you can acce-1-1 the "putlic /1..eco/1..d". I add/1..e/)-1ed the "dolla/1../)" ap.._d a.f..-1o .f..o gi-1tic-1 01. t/1..ying to own and maintain 750 ma/1..ke/1..-1. '--. At -1ut-1eq.uent meeting-1 in 1998 & 1999, it wa-1 evident ty the "0 ve/1..ma/1..king" 01. the uppe/1.. Key-1, that NO PRIORI7 ItS we/1..e given to ".f..ocal" ti-1he/1..man ty ma/1..king NARROIJ PASSACjtS 7H.R0l1CjH.0117 7H.t KtijS. 7hi-1 would in-1u/1..e p/1..udent ma/1..ine/1..-1 vi-1itility th/1..ough the pa-1-1age-1 they al/1..eady t/1..an-1it dai.f..y/weekly. At the Ap/1..il and flay 1999 meeting, I p/1..ovided the into/1..mation that the l1SCCj maintain-1 ~06 "dayteacon-1" 0/1.. "ma/1..ke/1..-1" which 126 a/1..e ".f..ighted" 1.0/1.. night time navigation. the "a/1..ea" 01. the-1e ~06 ma/1..ke/1..-1 a/1..e t/1..om Key La/1..go to D/1..Y 70/1..tuga-1. the l1SCe; admit-1 to the .f..o gi-1tical nightma/1..e and thei/1.. lack 01. men, money and eq.uipm2nt, not only to in-1ta.f...f.. and maintain the "ma/1..ke/1..-1". A.f..-1o add,7..e-1-1ed wa-1 the "/1..e-1pon-1e" 01. not only the County, P..ut a.f..-1o the l1Scg on /1..epai/1..ing' "ma/1..ke/1..-1" atte/1.. -1to/1..m-1/ hU/1../1..icane-1. No into/1..maLi..on wa-1 p/1..ovided ty eithe/1.. agency to my inq.ui/1..ie/), a-1 to ma/1..ke/1..-1 "down" and when they would P..e /1..ep.f..aced. 7he Keith DougLa-1-1 .f..ette/1.. wa-1 neve/1.. /1..e-1~onded to, and at a flPAC meeting, I pe/1..-1ona.f...f..y add/1..e-1-1ed fl/1... Dougla-1-1, a-1 to why he had not an-1we/1..ed my lette/1.. /1..ega/1..ding ma/1..ke/1..-1, he mentioned that he /1..eceive-1 "thou-1and-1" 01. ,)uch .f..ette/7..-1 pe/1.. day, and cou.f..d not an-1 we/1.. them aLL. H.e aL-1o -1 u g g e-1 ted that I add/1..e-1-1 the .f..ette/1.. to "Keith", not fl/1...Dougla-1-1 (pe/1..-1ona.f.. view). In my view, the County ha/) taken on a g/1..eat /1..e-1pon-1iP..i.f..ity, without thought to the tax.paye/1..-1. 7 he upkeep and maintenance;. in the tutu/1..e, i-1 0 ve/1..whe.f..ming. A P..o ttomle-1-1 pit. 7 he l' KNflS p.f..acing the P..u/1..den on flONROE. C0l1N71j 7 AXPA1jE.RS i-1 yet, anothe/1.. twi-1t to the multi taceted ~-1-1ue. lJa/1../1..en "IJIJ" John-1on 305 872 3~~O POB 2322 Ke'::l W e~t. I=lorida Warren Johnson P.o. Oox 2J22 I<.ey Wesr, Florida JJ()4.5 (J05) 'A6-765J 872 3440 (h) 12 August 1998 Subject: Liability of Monroe County/Taxpayers for markers & daybeacons. Mr.Douglass, .... After attending several port and transit (county) meetings since the fall of 1997, my specific issue was the markers and the liability and costs to the taxpayer(see lttr dtd Feb 18 1998 PROPELLER CLUB in your file). I received a letter from G.Garretts about relationships and working together etc., but no answers as to the liability and cost~.tQ the county taxpayers? Example; If a storm hits the keys and 20% (150 daybeacons) are damaged and down, is the county liable for replacement? How long does the county have to replace the downed/damaged markers? What procedure is used and what agency designates when these markers /beacons should be "in place". Mr. Garretts stated "he" (county?) has all the time "he" needs to replace these markers or beacons (Aug 98 meeting/Marathon). If Home Associations put in markers/beacons, who will be respons- ible, the county taxpayer or the association?? If these markers are NOT replaced within a certain time frame, what is the cost to the taxpayer of Monroe County? Mr. pokorski states that the Federal Government will pay for damaged markers under FEMA? Is this a true statement? If it is, why are they not paying for them now? The County Commissioners have been informed about this issue for some time, please answer the COST/LIABILITY ISSUE TO THE TAXPAYERS OF MONROE COUNTY for this logistical nightmare that has been chosen to undertake meaning the upkeep and maintenance and costs to the taxpayers once these markers are in place. Example: If replaced in or loss of instance? a county owned/permitted marker/beacon a reasonable amount of time and a mariner life occurs, what are the ramifications of is not is hurt such an I attended these meetings to take issue with the intent to inform the county and port/transit, only to find that it is considered in terference wi th information provided. please respond to these important issues. 9''' \ PROPELLER CLUB o/d ~d~ed -,. PORT OF KEY WEST "54 P.O. BOX 6603 KEY WEST, FLORIDA 33040 CHARTERED AUCUST 22, 1'J73 TO PROMOTE. FURTHER AND SUPPORT AN AMERICAN MERCHANT -.c'-.RINE , TO AIO THE DEVELOPMENT OF RIVER, GReAT LAKES AND HARBOR IMPROVEMENTS '.... 12 January 1997 3.1 Ship groundings and navigational hazards The Sanctuary was initia~~d to preclude reef damage by offshore vessels and mineral extrac~ion, from the Keys. a. Keep the areas to be avoided, as they stand. b. Increase lighthouse and marker intensities, and re-establish color sectors (lights). Install "Racon" beacons. c. Coastal buoys with "Racon" beacons installed at areas to be avoided. d. International Maritime Organization (London) re-establish ships traffic separation. e. Local County Issue: Day Beacons 1. Reinstall day beacons for narrow passages through the islands that were removed in the 1980's. 2. Continue to use boating fund income to maintain and improve channel marking. 3. Routes through narrow passages be marked to avoid groundings of small local fishing vessels. f. Proposed boundaries: Water area involved; defined as one mile offshore and inshore from the offshore edge of the reef. g. Government Agencies involved; Federal and state. Local county government for item (e.). h. Funding; Fines from ships groundings and oil spills. Redirection of "Sanctuary" funds already in place. Boating improvement funds. i. Results; Reduced damage to the reef, from ships groundings, oil spills, ships collisions at sea and loss of life.